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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