2. Ordinance 1576 - Initial Zoning - Eisinger Properties & Davis - 2nd ReadingCity of Kalispell
Planning Department
7 - "d Street East* Suite 211, Kalispell, Montana 59901
Telephone-. 6) 5 - 85
.Fax: ) . 5 -1 8 5 8
REPORT TO: Kalispell Mayor and city Council
FROM: Thomas R. Jentz, Director
James H. Patrick, city Manager
SUBJECT: Second Reading - Eisi gcr Properties - Initial Zoning of -2
General Business, Northeast Comer of West Reserve Dave and
U.S. Highway 93 North.
:MEETING ATE: July 3, 2006
BACKGROUND: This is the second reading on a request for an initial zoning
designation f -2 General Business on approximately 15.4 acres. The property is
located on the northeast cornier of the intersection of West Reserve Drive and U. S.
Highway 93 North.. It is the intent of the property owner to construct two new auto
dealerships this site are.d connect the lots to city services.
The Kalispell. city Council approved the first reading of the ordinance at their regular
meeting of June1. , 2006.
RECOMMENDATION: A motion to approve the second rea. mg of the ordinance for
initial zoning would be in order.
FISCALEFFECTS: Positive impacts once fully developed.
ALTERNATIVES: IVES: s suggested by the City Council.
Respectfully submitted,
C q
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Thomas R. Jentz try cl
Director city Manager
Report compiled-. June 20, 2006
c* Theresa White, Kalispell City clerk
ORDINANCE NO. 1
AN ORDINANCE TO AMEND SECTION 2' ,0 . 1 , OFFICE ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL
PROPERTY DESCRIBED AS ASSESSORS TRACTS 41 AND 4C LOCATED IN THE SE I of
SECTION 30, TOWNSH11P 29 NORTH, RANGE 21 WEST, .11r .M., FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY -2, BUSINESS AND COUNT R-.1, SUBURBAN
RESIDENTIAL) TO CITY -2 GENES COMMERCIAL), IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE,
WHEREAS, Eisinger properties, LLC and Lyle a d Joanne Davis, the owners of the property described
above, petitioned the City of Kalispell that the zoning classification attached to the above
described tracts of land be zoned B-2, General Commercial, on approximately 15.4 acres of
land, and
WHEREAS, the property is located at the northeast corer of the intersection of Highway 93 and West
Reserve Drive, and
WHEREAS, the Eisin er/Davis petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-0 - , darted April 19, 2006, in which the Kalispell .planning
Department evaluated the petition and recommended that the property as described above be
zoned B-2, General Commercial, as requested by the petition, and
WHERE -AS, alter considcriDg all the evidence submitted on the proposal to zone the property as described
B-2, General Commercial, the City CounciI finds such initial zoning to be consistent with the
Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76- -
08, M.C.A., and Stale... tc. v. Board of CountyCo Commissioners, Etc. 590 P2d 602, the
findings of fact of KPD as set forth in. Staff Report No. .l A-o - .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF KALISPELL AS
FOLLOWS:
SECTION 1. Section 2 .02.010, of the official Zoning Map or the Kalispell Zoning
Ordinance, (ordinance No. o) is hereby amended by designating the
property described above as B-2, General Commercial, on approximately
15.4 acres of land.
SECTION II. The balance of Section 27.02.010, official Zoning Map, City of Kalispell
Zoning ordinance not amended hereby shall remain in full farce and effect.
SECTION 111. This Ordinance shall be effective thirty 3 days from and alter the date o
its final passae and approval by the Mayor.
Zn
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY
OF KALISPELL THIS 3 RD DAY of JULY, 2006.
ATTEST:
Theresa White
City Clerk
Pamela . . Kennedy
Mayor