Loading...
2. Ordinance 1740 - Zoning - More Schreiner Investments - 2nd ReadingPLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT MEETING DATE: MONT`ANA Doug Russell, City ManagerVL Kevin LeClair, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.kalispell.com/plannin2 Ordinance 1740 - Second Reading — Initial Annexation Zoning of B-2 for the Schreiner Property June 16, 2014 BACKGROUND: This is the second reading of an ordinance to amend the Kalispell Zoning Map and establish an annexation zoning classification of B-2 (General Business) for the Schreiner property located at 2141 3rd Ave East. The property can be described as Tract 8C in the northeast '/ of the northwest % of Section 20, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. The property is currently zoned County B-2 (General Business). The City Council, at their meeting on June 2, 2014, unanimously approved both the resolution to annex the property into the City and the first reading of the ordinance to establish an initial zoning classification of B-2 (General Business). RECOMMENDATION: It is recommended that the Council approve the second reading of Ordinance 1740 to change the zoning of the Schreiner property from County B-2 (General Business) to City B-2 (General Business). FISCAL EFFECTS: Approval of the request would have a positive fiscal effect to the City. ALTERNATIVES: Deny the request. Respectfully submitted, Kevin LeClair Senior Planner Report compiled: May 5, 2014 c: Theresa White, Kalispell City Clerk More Schreiner Investments LLC, PO Box 3314, Kalispell, MT 59903 ORDINANCE NO. 1740 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY LOCATED AT 2141 THIRD AVENUE EAST, KALISPELL, MONTANA AND MORE PARTICULARY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, CURRENTLY ZONED COUNTY B-2 (GENERAL BUSINESS), TO CITY B-2 (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, More Schreiner Investments, LLC, the owners of the property described in Exhibit "A" attached hereto, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County B-2, General Business, be zoned B-2, General Business, on approximately 0.87 acres of land; and WHEREAS, the More Schreiner Investments, LLC petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-14-03, in which the Kalispell Planning Department evaluated the petition and recommended the property as described above be zoned B-2, General Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 13, 2014, and recommended a zoning designation of City B-2, General Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and 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 KPD as set forth in Staff Report No. KA-14-03. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described in Exhibit "A" attached hereto and fully incorporated herein by this reference as B-2, General Business, on approximately 0.875 acres of land. SECTION 2. 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 3. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 16TH DAY OF JUNE, 2014. ATTEST: Theresa White City Clerk Mark Johnson Mayor EXHIBIT "A" TRACT 8C IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST P.M.M., FLATHEAD COUNTY, MONTANA