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F1. Ordinance 1755 - 2nd Reading - Town Pump ZoningREPORT TO: FROM: Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 2011' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Ordinance 1755 — Second Reading — Annexation & Initial Zoning of B-2 (General Business) for the Town Pump Convenience Store and Casino MEETING DATE: April 20, 2015 BACKGROUND: This is the second reading of an ordinance to amend the Kalispell Zoning Map, and establish an initial zoning classification of B-2 for the Town Pump convenience store and casino. The subject property is located at 859 West Reserve Drive, 0.1 miles east of Highway 93, on the previous site of the "River Church". The property can be described as Tract 1 of Certificate of Survey #19815, in the SW4 of Section 30, Township 29N, Range 21W, P.M.M., Flathead County, Montana. The Kalispell City Council, at their meeting on April 6, 2015, approved the resolution for annexation of the property into the city, on a roll call vote of 7 in favor and 2 opposed. In addition, the Council approved the first reading of Ordinance 1755, to establish an initial zoning of B-2 (General Business). The second motion passed on a roll call vote of 8 in favor and 1 opposed. RECOMMENDATION: It is recommended that the Council approve the second reading of the ordinance for initial zoning of B-2 (General Business). FISCAL EFFECTS: Approval of the request will create net revenue of $5,986.24 to the city. ALTERNATIVES: Deny the request. Respectfully submitted, i Jarod Nygren Senior Planner Report compiled: April 13, 2015 c: Aimee Brunckhorst, Kalispell City Clerk Eureka Town Pump, Inc., P.O. Box 600, Butte, MT 59702 Joe Murphy, P.O. Box 3625, Great Falls, MT 59403 ORDINANCE NO. 1755 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 IN THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY #19815 OF RECORD IN THE OFFICE OF CLERK AND RECORDER FOR FLATHEAD COUNTY, MONTANA, CURRENTLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL), TO CITY B-2 (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Eureka Town Pump, Inc., the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County R-1, Suburban Residential, be zoned B-2, General Business, on approximately 4.14 acres of land; and WHEREAS, Eureka Town Pump's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-15-01, 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 March 10, 2015, 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-15-01. 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 as 859 West Reserve Drive as B-2, General Business, on approximately 4.14 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 passage on second reading by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF APRIL, 2015. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor