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4. Ordinance 1485 - Initial Zoning - Johnson - 2nd ReadingTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 trieity@centnrytel.net www.tricityptanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director Chris A. Kukulski, City Manager SUBJECT Larry and Arlene Johnson - Annexation and Initial Zoning of I-1 MEETING DATE: November 17, 2003 BACKGROUND: This is the second reading on a request by Larry and Arlene Johnson for an initial zoning designation of 1-1, Light Industrial on .34 acres of land located on the west side of US 93 South immediately behind Burton's Appliance. This request was filed concurrently with a request for annexation. It is the applicants' desire to annex into the city so that they can hook up to municipal water and sewer facilities adjacent to their property. The Kalispell City Council held the first reading on this initial zoning request on November 3, 2003. RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-3 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Thomas R. Jentz i Chris A. Kukulski Director City Manager Report compiled: November 4, 2003 c: Theresa White, Kalispell City Clerk TRANSMIT\ KALISPE .\ 20031 KA03-17MEM2 Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia .Falls • ORDINANCE NO. 1485 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 JOHNSON ADDITION NO. 339 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY B-2, GENERAL BUSINESS) TO CITY I-1 (LIGHT INDUSTRIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Larry and Arlene Johnson, the owners 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 1-1, Light Industrial on approximately.34 acres upon annexation, and WHEREAS, the property is located between the Kalispell City Airport and US Highway 93 South, behind Burton's Appliance, and WHEREAS, the petition of Larry and Arlene Johnson was the subject of a report compiled by the Tri-City Planning Office, #KA-03-17, dated October 6, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned 1-1, Light Industrial, 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 1-1, Light Industrial, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described 1-1, Light Industrial, 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 ofTCPO as set forth in Report No. KA-03-17. 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 1-1, Light Industrial on approximately. 34 acres, 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 17TH DAY OF NOVEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT A LARRY AND ARLENE JOHNSON - #KA-03-17 LEGAL DESCRIPTION FOR ANNEXATION AND I-1 ZONING Parcel B of COS# 8340, Records of Flathead County in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.