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4. Ordinance 1593 - Zoning Text Amendment - Sunburst Foundation, Inc - 2nd ReadingREPORT TO: FROM: City of Kalispell Planning Department 17 - 2"d Stream East, Suite 211, Kalispell, Montana 59901 Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Telephone: (406) 751--1850 Fax: (406) 751-1858 Website: kal�spellplann�ng. coin SUBJECT. Second Reading - Kalispell Zoning Ordinance Text Amendment -- Allow a "Family Support and Education Center" as a conditional use in the R-4 (Two Family Residential) zoning district and add a definition of the term in the definition section of the Kalispell Zoning Ordinance. MEETING DATE: November 20, 2006 BACKGROUND: This is the second reading of a proposed amendment to the Kalispell zoning ordinance relating to family support and education centers in the R-4 zoning district. The amendment would allow a "Family Support and Education Center" as a conditional use in the R-4 (Two Family Residential) zoning district and add a definition of the term in the definition section of the Kalispell Zoning Ordinance. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of November 6, 2006. RECOMMENDATION; A motion to adopt the second reading of the ordinance to amend the Kalispell Zoning Ordinance as recommended by the planning board would be in order. FISCAL EFFECTS: Minor positive impacts. ALTERNATWW: As suggested by the City Council. Respectfully sub tted t Sean Conrad Senior Planner Report compiled: November 14, 2006 c: Theresa White, Kalispell City Clerk "Y James H. Patrick City Manager ORDINANCE NO,1S93 AN ORDINANCE AMENDING- THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO, 1460), BY ALLOWING "FAMILY SUPPORT AND EDUCATIONAL CENTERS" AS A CONDITIONAL USE IN THE R-4 (TWO FAMILY RESIDENTIAL) ZONING DISTRICT, ADDING- A DEFINITION OF THE TERM IN THE DEFINITION SECTION OF THE KALISPELL ZONING- ORDINANCE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Sunburst Foundation has submitted a written request to amend Section 27.07.010 of the Kalispell Zoning ordinance, by allowing "Family Support and Educational Centers' as a permitted use in the R-4, Two Family Residential Zoning district and adding a definition of the terra in the definition section of the ordinance, and WHEREAS, the request was forwarded with a recommendation for denial to the Kalispell City Planning Board and Zoning Commission by the Kalispell Planning Department after having been evaluated under 27.14.030, Kalispell Zoning ordinance, and WHEREAS, the Kalispell City Planning Board and .Zoning Commission, after a public hearing on October 10, 2006, recommended that allowing a "Family Support and Education Center" as a permitted use in the R-4 Zoning district be denied, but that it be allowed as a conditional use, and WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in amended Report #KZTA-06-5 as the Findings of Fact applicable to this ordinance. 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. 1460, is hereby amended by allowing a "Family Support and Education Center" to operate in the R-4, Two Family Residential Zoning district as a conditional use. SECTION II. ordinance No. 1460 is further amended by adding a definition of "family support and education center" as "A center providing services to support foster families and/or families who have issues of neglect. Services may include parenting classes, supervision of visits between children and their birth parents, and the coaching of parenting shills to the birth parents." SECTION III. All parts and portions of ordinance No. 1460 not amended hereby remain unchanged. SECTION IV. 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 20TH DAY of NOVEMBER, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk