1. Ordinance 1434 - Initial Zoning - Ole's Country Store - 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 for Initial Zoning of B-2, General Business, for
Ole's Country Store SE corner of Hwy 93 and W Reserve Drive
MEETING DATE: August 19, 2002
BACKGROUND: This is the second reading on the assignment of initial zoning for
property being annexed into the city located on the southeast corner of Hwy 93 and
West Reserve Drive on approximately 1.5 acres where Ole's Country Store and other
small businesses are currently located. The applicant is requesting the assignment of
B-2, a General Business zoning designation upon annexation into the city. The
property owners have already extended water and sewer to the site and have
connected. Fire hydrants were put in place at the time the utilities were extended
and comply with the fire marshal's requirements.
On August 5, 2002 the Kalispell City Council approved the first reading of the ordinance
assigning a B-2, General Business, zoning for the property upon annexation to the city.
On July 9, 2002 the Kalispell City Planning Board held a public hearing to consider the
appropriate zoning for the property upon annexation to the city and unanimously
recommend B-2, General Business, zoning upon annexation into 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: Some potential positive effects.
ALTERNATIVES: As suggested by the city council.
Respectfully Submitted,
�—
'PC
A. Wilson Chris A. Kukulski
enior Planner City Manager
Report compiled: August 1, 2002
c: Theresa White, Kalispell City Clerk
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
ORDINANCE NO. 1434
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), OLE'S COUNTRY
STORE, DESCRIBED AS ASSESSOR'S TRACT 3EB LOCATED IN SECTION 31,
TOWNSHIP 29 NORTH, RANGE 21 WEST P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY B-1, NEIGHBORHOOD PROFESSIONAL BUSINESS)
TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, MGS Partners, the owner of property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be changed to B-2, General Business, and
WHEREAS, the property as described exists as property surrounded to the North by County R-1
Zoning (undeveloped and residential), to the East by City B-2 Zoning (Mountain
View Plaza), to the South by City B-2 Zoning (Mountain View Plaza), and to the
West by City R-5 Zoning (Section 36), and
WHEREAS, the petition of MGS Partners was the subject of a report compiled by the Tri-City
Planning Office, #KA-02-8, dated July 2, 2002, 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 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-02-8.
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 #1175) is hereby amended by designating the property
described above as B-2, General Business.
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.
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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 DAY OF AUGUST, 2002.
ATTEST:
Theresa White
City Clerk
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Pamela B. Kennedy
Mayor