2. Ordinance 1569 - Initial Zoning - Montana Commerce LLC - 2nd ReadingRIEORT TO:
FROM*
SUBJECT
MEETENG DATE:
City of Kalispell
Planning Department
l - Stream Eat Suite 21 * Kalls-pell, Montana 59901
Telephone: (406) 5 l -1 5
Fax: (406) 751
We si : kalispellplanning.com
I alis eU Mayor and City Council
Thomas R. Jentz, Director
James H. Patrick, City Manager
Second Reading - Montana Commerce LLC request for M* itia .
zoning of B-2 General. Business at 2910 US Highway 3 South.
(Four Comers)
February 6, 2006
BACKGROUND: This is the second reading of an ordinance ertahim' g to a request
y Montana Commerce LLC for a'Initial zoning designation of B-2 General Business,
on approximately one acre. The property is located on the southwest corner of the
.r .terse tion of Cemetery Road and US 93 and contains a Town Pump convenience
store and gas station. The applicants requested. . 'tial zoning as wart of a request to
annex to the city and add a tavern casino to the existing convenience store.
The Kalispell City Council approved the first rea r�.g of the or lr ance, annexation of
the property and conditional use permit for the tavem/cas no at their regular meeting
of February 6, 2006.
REe M3WND' ' N: A motion to approve the second rea m* g of the ordinance for
u tia.l zoning of B-2 General Business would e in order.
FISCAL EFFECTS: Positive impacts once fly developed.
ALTERNATIVE& As suggested by the City Council.
Res eetl` fly submitted,
Tomas R. Jentz
Director
Report compiled: February 7, 2006
e: Theresa. White, Kalispell City Clerk
a mes . Patrick
City Manager
ORDINANCE NO. 1569
AN ORDINANCE TO AMEND SECTION 27.02.010, FFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL
PROPERTY DESCRIBED AS TRACT 5A (TRACT I OF CERTIFICATE OF SURVEY 1 5 1
LOCATED IN SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, M NTANA (PREVIOUSLY ZONED COUNTY I-1H, HIGHWAY LIGHT INDUSTRIAL
TO CITY -2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2 ., AND TO PROVIDE AN EFFECTIVE DATE,
WHEREAS, Montana Commerce, I. LC, the owners of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land be zoned
1 - , General Business, on approximately one acre of lard, and
WHEREAS, the property is located on the on the southwest corner of Cemetery Road and US 93 South
(Four Corners), and
WHEREAS, Montana Commerce* s petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #IAA-05-2 ., dated December er ber 21, 2005, in which h the Kalispell
Planning Department evaluated the petition and recommended that the property as described
above be zoned I - , General Business, as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
-, general Business.the City Council finds such initial on to be consistent the
Kalispell Growth. Policy 2020 and adopts, based upon the criterion set forth in Section --
60 , M.C.A., and State Etc. v. Board of County Commissioners.,.....etc;. 590 P d 602 , the
findings of fact of KPD as set north in Staff Report No. KA-05- 1.
NOW THEREFORE,, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
SECTION 1. Section 7.0 .0 0, of the Official Zoning Map of the Kalispell Zoning
Ordinance, Ordinance No. 14 0 is hereby amended by designating the
property described above as B-2, General Business, on approximately one
acre of land.
SECTION 11. The balance of Section .0 .o o, Official Zoning Map, City of Kalispell
Zoning ordinance not amended hereby shall remain in full Force and effect.
SECTION M. This ordinance shall be effective thirty days from and after the date of
its final passage and approval by the Mayor.
PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY
OF KALISPELL THIS 2 ST DAY OFFEBRUARY, 2006.
ATTEST:
Theresa White
City Clerk
Pamela a B. Kennedy
Mayor