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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