02. Ordinance 1458 - Initial Zoning - Getz - 2nd Reading• •
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centu rytel.net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading Initial B-2, General Business - Dorthey Getz
May 19, 2003
BACKGROUND: This is the second reading of an ordnance for an initial zoning
designation of B-2, General Business, upon annexation to the city for property that
lies on the south side of Appleway Drive and west of Meridian Road approximately
700 feet The property contains approximately 3.2 acres.
On May 19, 2003 the Kalispell City Council adopted the first reading of this
ordinance. A public hearing was held before the Kalispell City Planning Board at a
special meeting of April 29, 2003 regarding this matter and forwarded a
recommendation to the Kalispell City Council that initial zoning for this property
should be B-2, General Business, upon annexation to the city.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for B-2
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
?a*b Z -
Narda A. ilson
Senior Planner
Report compiled: May 28, 2003
c: Theresa White, Kalispell City Clerk
TRANSMIT\KALISPEL\2003 \KA03-7MEM02
Chris A. Kukulski
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
ORDINANCE NO. 1458
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS GETZ ADDITION NO. 327 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, RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Dorthey Getz, the authorized representative of 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 on the south side of Appleway Drive and 700 feet west of
Meridian Road, and
WHEREAS, the petition of Dorthey Getz was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-7, dated April 22, 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 County
Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report
No. KA-03-7.
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
Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended
by designating the property described on Exhibit "A" as B-2, General
Business, upon annexation.
SECTION 11. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Interim Zoning Ordinance not amended hereby shall remain
in full force and effect.
SECTION 111. 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 2ND DAY OF JUNE, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk