Loading...
02. Ordinance 1441 - Initial Zoning - Ken Makloski - 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 Ken Makloski, Hwy 93 South MEETING DATE: December 16, 2002 BACKGROUND: This is the second reading on the assignment of initial zoning for property annexed to the city of Kalispell with an assignment of initial zoning of B-2, General Commercial on approximately 1.286 acres located on the west side of Hwy 93 South, north of Twin Acres Road and south of Burtons Appliance. This property is currently located in the County zoning jurisdiction and is zoned B-2, a General Business zoning district which allows a wide variety of uses. The City and County 13- 2 district is intended to provide areas for retail sales and services which might require outdoor display of merchandise and would service the general needs of the motoring public. The B-2 areas in the City are typically located along major transportation. The property is being annexed in order to receive City services. Valley Victory Church is located on the eastern portion of this site. The property owner wants to construct a new building to the west and will need public sewer in order to do so. On December 2, 2002 the Kalispell City Council approved the first reading of the ordinance assigning initial zoning of B-2 to the property. The Kalispell City Planning Board unanimously recommended to the city council the assignment of B-2 zoning for the property upon annexation to the city at their meeting of November 12, 2002. . 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. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Makloski Initial Zoning - Second Reading August 19, 2002 Page 2 Respectfully Submitted, Nar a A. Wilson Senior Planner Report compiled: December 11, 2002 c: Theresa White, Kalispell City Clerk H:\FRDO\TRANSMIT\KALISPEL\2002\KA02-13MEM20.DOC Chris A. Kukulski City Manager ORDINANCE NO.1441 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 ASSESSOR'S TRACT 7CF 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 B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Ken Makloski, the owner of the property described above, 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 as described exists as property surrounded by commercial properties, and WHEREAS, the petition of Ken Makloski was the subject of a report compiled by the Tri-City Planning Office, #KA-02-13, dated November 4, 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 of TCPO as set forth in Report No. KA-02-13. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTIONI. 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 as Assessor's Tract 7CF located in Section 20 as B-2, General Business upon annexation. SECTION II. 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 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 2ND DAY OF DECEMBER, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk