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2. Ordinance 1716 - Zone Change - 2nd ReadingPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Sean Conrad, Senior Planner SUBJECT: Second Reading: Prestige Assisted Living Facility Zone Change to B-1 (Neighborhood Business) MEETING DATE: September 17, 2012 BACKGROUND: This is the second reading for a zone change on the Prestige Assisted Living Facility. The property is 2.8 acres in size and the zone change rezoned the western portion of the property from RA-1 (Residential Apartment) to B-1 (Neighborhood Business). The property is located at 125 Glenwood Drive, on the east side of the street approximately 250 feet north of the intersection of Glenwood Drive and Two Mile Drive. The 2.8 acre site can be legally described as Tract 5 of Certificate of Survey No. 11977 located in the NE '/ of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the first reading of the zone change ordinance at their regular meeting of September 4, 2012. RECOMMENDATION: Move to approve the second reading of the ordinance to rezone the western half of the property to B-1 (Neighborhood Business). FISCAL EFFECTS: Minor positive fiscal effects if the project is approved. ALTERNATIVES: As suggested by the city council. Respectfully submitte Sean Conrad Senior Planner Report compiled: September 12, 2012 c: Theresa White, Kalispell City Clerk i 1 i 1 . ; •i !' I "!' is �! � ' : ! , .< • ! 1, � ! ; � i. ! ,' ! l WHEREAS, Health Care Reit, Inc., the owner of the property described above, applied for a conditional use permit for a 2.8 acre piece of property composed of two zoning classifications, City RA-1 (Residential Apartment) and B-1 (Neighborhood Business); and WHEREAS, the property is located on the east side of Glenwood Drive approximately 250 feet north of the intersection of Glenwood Drive and Two Mile Drive; and WHEREAS, the zone change was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-12-01, in which the Kalispell Planning Department recommended that the entire property as described above be zoned B-1, Neighborhood Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on August 14, 2012, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the entire property, as described, B-1, Neighborhood 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. KZC-12-01. NOW ! ' BE IT ORDAINED BY THE CITY COUNCILOF OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the entire property described above as B-1, Neighborhood Business, on approximately 2.8 acres of land. SECTION 11. 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 111. This Ordinance shall take effect from and after 30 days of its passage by the City Council. Tammi Fisher Mayor Theresa White City Clerk