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3. Ordinance 1727 - Zoning Request - Orchard Village, LLP - 2nd ReadingPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager V7- FROM: Tom Jentz, Director, Kalispell Planning Department SUBJECT Ordinance 1727 - Second Reading: Request for B-2 Zoning upon Annexation — Orchard Village, LLP MEETING DATE: June 17, 2013 BACKGROUND: This is the second reading on a request for an initial zoning classification of B-2 General Business zoning upon annexation. The property is located at 57 Appleway Drive and the %a acre tract is generally described as Tract 16A in the NW4NE4 of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The applicants indicated that they desired to construct a multi -family structure (4-plex) on an existing parcel that already contained a single family residence. The applicants stated that they needed municipal services to allow the project to proceed. The site lies immediately adjacent to Orchard Village apartment complex on the south side of Appleway Drive and it is the intent of the owners to blend this lot into the existing apartment complex. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of June 3, 2013. RECOMMENDATION: Approve the second reading of the ordinance for the B-2 zoning. district. FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City. ALTERNATIVES: Deny the request. Respectfully submitted, Tom Jentz Director Report compiled: June 5, 2013 c: Theresa White, Kalispell City Clerk ORDINANCE NO.1727 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 16A IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Orchard Village, LLP, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County R-1, Suburban Residential, be zoned B-2, General Business, on approximately one-half acre of land; and WHEREAS, the property is located on the south side of Appleway Drive adjacent to and on the west side of the Appleway Apartment complex; and WHEREAS, the petition of Orchard Village, LLP was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-13-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 14, 2013, and recommended that the zoning be City B-2, General Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-13-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as B-2, General Business, on approximately one- half acre 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 force and effect. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF JUNE, 2013. Tammi Fisher Mayor ATTEST: Theresa White City Clerk