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5. Ordinance 1471 - Initial Zoning - GR Kirk & Co - 2nd Readingfit- *001 Z 4 Tier 14 ZT03 �i F-A 0 1 MEETING DATE: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity*centurytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading - Initial Zoning Upon Annexation of B- 1, Neighborhood Buffer District - G.R. Kirk & Company July 21, 2003 BACKGROUND: This is the second reading on an initial zoning designation of 13- 1, a Neighborhood Buffer District, on property located west of Meridian Road between Meridian Court and Second Street West and east of the Burlington Northern railroad tract. The property contains approximately 3.6 acres and is currently undeveloped. A six lot commercial subdivision was filed concurrently with the request for annexation and initial zoning. The Kalispell City Council approved the first reading of the zoning at their regular meeting of July 7, 2003. A public hearing was held before the Kalispell City Planning Board on June 10, 2003 regarding this matter. The Kalispell Planning Board forwarded a recommendation to the Kalispell City Council that initial zoning for this property should be B- 1, Neighborhood Buffer District, upon annexation to the city. RECOMMENDATION: A motion to adopt the second reading of the ordinance for B- I zoning upon annexation would be in order. FISCAL EFFECTS: Minor impacts related to the provision of services. ALTERNATIVES: As suggested by the city council. Respectfully submitted, A, Narda A. '4ilson Chris A. Kukulski Senior Planner City Manager RRIKITON c: Theresa White, Kalispell City Clerk Providing Community Planning Assistance To: • City of Kalispell - City of Whitefish - City of Columbia Falls ORDINANCE NO.1471 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 KIRK ADDITION NO. 332 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY B-1 (NEIGHBORHOOD BUFFER DISTRICT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, G.R. Kirk Co., 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 west of Meridian Road between Meridian Court and Second Street West, and WHEREAS, the petition of G.R. Kirk Co. was the subject of a report compiled by the Tri-City Planning Office, #KA-03-12, dated June 2, 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 amended the TCPO report and recommended denial of the requested zone change, and that the property as described above instead be zoned B-1, Neighborhood Buffer District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Buffer District, 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 County Commissioners, Etc. 590 P2d 602, the amended findings of fact of TCPO as set forth in Report No. KA-03-12. 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-1, Neighborhood Buffer District, upon annexation. 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 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 21 ST DAY OF JULY, 2003. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" Tract A of Lot 11, Tract A of Lot 12, Lot 13 excepting the East 18 8. 1 feet, Lot 14 excepting the East 188.1 feet and Lot 15 excepting the East 188.1 feet of Hollister's Meridian Tracts and Lot 13, Block 1 of Meridian Addition all in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County.