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5. Ordinance 1585 - Zoning Text Amendment - Special Parking Maintenance District No 2 - 2nd ReadingCity of Kalispell Planning Department 7 - "d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 'a: 6) 751-185 REPORT TO: Milis ell Mayor and city council FROM: Thomas R. Jent , Director James es H. Patrick, city Manager SUBJECT. Second Reading - Kalis eR Zoning Ordinance Text Amendment Allow required parking within the special Parking Maintenance District No. 2 (downtown) area to be reset by a cash -in -lieu payment, and to expand the district boundaries to include the Kalispell Center Mall property MEETING DATE: E: September 18, 2006 BACKGROUND: ; 'his is the second reading of a. proposed amendment to the Kalispell zoning r ina. ce a.rk provisions that would allow a cash -ire --lieu payment as an alternative to providingon-site parking within, a. specified district in the downtown area.. Additionally, the proposal would extend the istrict's bona es to include the Kalispell Center Mall. The Kalispell City Council approved the first reading f the ordinance at their regular meeting of September 5, 2006. RECOMMENDATION: A motion to approve the second reading of the ordinance t amend the Kalispell Zoning Ordinance would be in order. ISCAL EFFECT'S: The actual cash -ire -lieu program, including the doHar amount per space, wil be submitted separately to the city council for its consideration.. In general terms, the cash -in -lieu would help the city establish additional public parking facilities in the downtown. A 'T ERNA WES: As suggested by the city Council. RespectfuUy submitted, Thomas R. e tz yes Patrick Director City Manager c: Theresa Waite, Kalispell City Clerk ORDINANCE NO. 1585 AN ORDINANCE AMENDING SECTIONS 27,2 , l AND 7. 6. .. OF THE KALISPELL ZONING ORDINANCE, (ORDINANCES 1175, 1202 AND 3 Y AMENDING "OFF STREET LNG WITHIN SPECIAL MAINTENANCE DISTRICT No. 2"' ]BY EXPANDING THE DISTRICT TO INCLUDE THAT AREA CURRENTLY OCCUPIED BY THE KALISPELL CENTER MALL AND BY AUTHORIZING A CASH -IN -LIEU PAYMENT To BE MADE IN THE ALTERNATIVE TO PROVIDING ON -SITE PARKING SPACES AND DECKING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell Planning Department submitted a written request to amend Sections 27.2 . and 27.2 .0 0 1 of the Kalispell Zoning Ordinance by amending "Off Street Parking Within Special Maintenance District No. 2"" by expanding the district to include that area currently occupied by the Kalispell Center Mall all bounded by Center Street, Fifth Avenue West, the BN RR Tracks and North Main Street and by authorizing a cash-in-fieu payment to be made in the alternative to providing on -site parking spaces; and WHEREAS, the request was forwarded to the Kalispell City Planning Board after 't was fully evaluated and determined to be compliant under the statutory requirements MCA. - 2-2 and WHEREAS, after fully considering the evidence and testimony presented at a properly noticed public hearing on June 13, 2006 and after fully considering the Kalispell Planning Department Staff Report #KZ A= -3, the Kalispell City Planning Board recommended to City Council, on a -1 vote, that the Kalispell Zoning Ordinance e amended as proposed; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Staff Report #K-ZTA-06-3 and the transmittal from the Kalispell City Planning Board and hereby adopts the findings of the report as its Findings of Fact applicable to this Ordinance. E IT ORDAINEDY THE CITY COUNCIL OF THE CITY OF KAIS E, MONTANA., AS FOLLOWS: SECTION I The City of Kalispell Zoning Ordinance, Ordinance No. 1175 and 1202, is hereby amended as follows} Special Maintenance Parking istri t No. 2, as described in Figure 2 o Appendix B shall be amended to include that area bounded by Center Street, Fifth Avenue West, the BN RR Tracks and North Main Street as well as all other areas previously included within the District. SECTION 11 Section 27.26.040(11), ordinance No. 1374, of the Kalispell Zoning Ordinance is hereby amended as follows: Within Special Parking Maintenance District No. 2: Property located within Special Parkin; Maintenance District No. 2 South of Center Street shall provide one parking space for every four hundred (400) square feet of gross floor area, and North of Center Street shall provideone parkinjz s ace for every two hundred Zoosquare feet of ross floor area but in no case shall more parking be required than is otherwise provided for under this article. A cash-i-n-fieu payment may aid as an alternative to Providing required arli s aces on -site} The money shall be paid into a fund established by the Citv. Council and in an amount as may set the Cit Council from time to time...by resolution. SECTION III This Ordinance shall be effective thirty (30) days from and after the date f its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR HIS 18TH DAY OF SEPTEMBER, Zoo . Pamela B. Kennedy Mayor ATTEST: - ................. . Theresa White City Clerk