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3. Ordinance 1501 - Inital Zoning - NIPO LLC - 2nd ReadingTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Second Reading - Initial Zoning of B-2, General Business, for NIPO, LLC Four Corners Area MEETING DATE: July 6, 2004 BACKGROUND: This is the second reading on an ordinance for an initial zoning designation of B-2, General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. The owner is requesting City B-2, a General Business zoning district which is similar in intent and the types of allowable uses as the County B-2 zoning. The B-2 areas in the City are typically located along major transportation. The property is being annexed in order to receive City services when they become available with the extension of the utilities with the reconstruction of Hwy 93 South to Four Corners. On June 21, 2004, the Kalispell City Council approved the first reading of an ordinance assigning an initial zoning designation of B-2 concurrent with the resolution to annex the property. RECOMMENDATION: A motion to adopt the second reading of the ordinance for B-2 zoning upon annexation would be in order. FISCAL EFFECTS: Some potential positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, j�p s i\ Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 30, 2004 c: Theresa White, Kalispell City Clerk H: AFRDO \TRANSMIT\KALISPEL\2003 \KA03- IMEM02DOC Providing Community Planning Assistance To: City of Kalispell a City of Columbia Falls • City of Whitefish ORDINANCE NO.1501 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING .MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS FOUR CORNERS ADDITION NO. 321 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY B-2, GENERAL BUSINESS) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, NIPO, LLC, the owner of the property described on Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business upon annexation, and WHEREAS, the property is located between the east side of Highway 93 South and Willow Glen Drive north of Lower Valley Road, and is undeveloped, and WHEREAS, the petition of NIPO, LLC was the subject of a report compiled by the Tri-City Planning Office, #KA-03-1, dated February 4, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned B-2, General Business, 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 initial 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 Countv Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KA-03-1. 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. 1460) is hereby amended by designating the property described on Exhibit "A" as B-2, General Business upon annexation. SECTION IL 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 be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 6TH DAY OF JULY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Land located in the Northeast Quarter of the Northeast Quarter of Section 29, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as follows: Commencing at the Northeast section comer of said Section 29, indicated by a found aluminum monument and which point is the true point of beginning; Thence S00'19'08"E, on and along the East boundary of said Northeast Quarter of the Northeast Quarter, a distance of 827.51 feet to a point; thence S89'40'52"W, and leaving said East boundary, a distance of 30.00 feet to a found 5/8" rebar and which point lies on the West right-of-way boundary of a 60-foot declared County road known as Willow Glen Drive; thence S 12'11'34"W, on and along said West right-of-way boundary, a distance of 94.70 feet to a found 5/8" rebar and which point is a point of curvature; Southwesterly, on a curve to the right (delta = 26'07'05", radius = 328.08 feet and radial bearing = N82'24' 19"W), an are length of 149.55 feet to a found 5/8" rebar and which point intersects with the East right-of-way boundary of U.S. Highway 93 and which point is in the midst of a curve; thence Northwesterly, on a curve to the left (delta = 09'51' 17", radius=2972.43 feet and radial bearing = S68'36'47"W), an are length of 511.25 feet to a found 5/8" rebar; thence N34037'28"W, on and along said right-of-way boundary, a distance of 454.04 feet to a found 5/8" rebar; thence N41'12'07"W, continuing on and along said right-of-way boundary, a distance of 116.00 feet to a found 518" rebar; thence N33'04'41"W, continuing on and along said right-of-way boundary, a distance of 173.83 feet to a found 5/8" rebar and which point lies on the North boundary of said Northeast Quarter of the Northeast Quarter; thence S89'35'48"E, on and along said North boundary, a distance of 753.33 feet to the true point of beginning. These tracts contain a total of 9.333 acres and subject to and together with a 60-foot declared County road along the East boundary as shown hereon and subject to and together with all appurtenant easements of record.