15. Ordinance 1427 - Initial Zoning - Big Sky Properties - 2nd ReadingREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading on the and Initial Zoning of B-2 for
Big Sky Properties Hwy 93 South - Dennis Osburn
July 15, 2002
BACKGROUND: This is the second reading on the initial zoning for property being
annexed into the city located at the southeast corner of Hwy 93 South and Kelly Road
where Big Sky Properties real estate office is located. A petition for annexation was
received from Dennis Osburn for approximately 0.386 of an acre and he is requesting
B-2, General Business, zoning upon annexation. This zoning is consistent with the
existing County B-2, General Business zoning in intent and anticipated uses. The
property is being annexed in order to receive City services.
On July 1, 2002 the Kalispell City Council approved first reading of the ordinance
assigning an initial zoning of B-2, General Business. The Kalispell City Planning Board
held a public hearing on June 11, 2002 to consider the appropriate zoning for the
property upon annexation to the city and recommended approval of the proposed B-2
zoning to the city council.
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 once fully developed.
ALTERNATIVES: As suggested by the city council.
arda A. Wilson
Senior Planner
Report compiled: July 10, 2002
c: Theresa White, Kalispell City Clerk
H: \FRDO \TRANSMIT\KALISPEL \2002 \KA02-6MEM02. DOC
Chris A. Kukulski
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
NO. 1427
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 2AAE AND 2AAD
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, Dennis Osburn, 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 Billmayer Drilling, City B-2
classification, to the East by Pepsi warehouse, City I-1
classification, to the South by boat storage and sales,
County B-2 classification, and to the West by undeveloped
(Daley Field), City B-2 classification, and
WHEREAS, the petition of Dennis Osburn was the subject of a report
compiled by the Tri-City Planning Office, #KA-02-6, dated
June 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-02-6.
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. 1175)
is hereby amended by designating the property described
as Assessor's Tracts 2AAE and 2AAD in Section 20 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.
SECTION III. This Ordinance
(30) days from and after the
and approval by the Mayor.
shall be effective thirty
date of its final passage
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 1ST DAY OF JULY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk