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12. Ordinance 1307 - Zoning Text Amendment - Lang Creek Brewery - 2nd ReadingORDINANCE NO. 1307 AN ORDINANCE AMENDING SECTIONS 27.15.020 AND 27.37 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY INCLUDING "MICRO BREWERIES AND/OR BREW PUBS IN CONNECTION WITH A RESTAURANT OR TAVERN" AS A PERMITTED USE IN THE B-3, COMMUNITY BUSINESS DISTRICT, DEFINING SAME, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Lang Creek Brewery has submitted a written request to amend Section 27.15.020 of the Kalispell Zoning Ordinance, by requesting that micro breweries and/or brew pubs in connection with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District, and WHEREAS, for purposes of this zoning ordinance, "micro - brewery", "brew pub" and "mini -brewery" are defined as a brewery which produces 2000 barrels of beer or less a year for on -site consumption or distribution, or a combination of both. WHEREAS, the request was forwarded to the Kalispell City - County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 27.15.020, Kalispell Zoning Ordinance, and WHEREAS, FRDO evaluated the requested text amendment and recommended, per Report #KZTA-99-2, that micro breweries and/or brew pubs in connection with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to establish that micro breweries and/or brew pubs in connection with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District, and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-99-2 as the Findings of Fact applicable to this Ordinance. 13071angcreektexamend.wpd 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended as follows: Section 27.15.020: Permitted Uses. ...(40) micro breweries and/or brew pubs in connection with a restaurant or tavern Section 27.37: Definitions. ...(141) "Micro -brewery," "brew pub" and "mini -brewery" are defined as a brewery which produces 2000 barrels of beer or less a year for on -site consumption or distribution, or a combination of both. SECTION II. All parts and portions of Ordinance No. 1175 not amended hereby remain unchanged. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1999. Wm E. Boharski Mayor ATTEST: Theresa White Clerk of Council 13071angcreektexamend.wpd 2