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
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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