07. Ordinance 1532 - Text Amendment - 2nd ReadingREPORT TO:
IISZT-80
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-858
tricity*a centurytel.net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Second Reading - Kalispell Zoning Ordinance Text Amendment to Allow
HVAC in the B-3, Community Business Zoning District
April 18, 2005
BACKGROUND: This is the second reading of an ordinance to amend the Kalispell Zoning
Ordinance to include HVAC in the B-3, Community Business, zoning district as a permitted
use. The amendment for HVAC in the B-3, Community Business, zoning district would be
HVAC retail sales and service and would not include the sheet metal shop component.
On April 4, 2005 the Kalispell City Council approved the first reading of this ordinance.
RECOMMENDATION: A motion to adopt the second reading of the ordinance to amend the
Kalispell Zoning Ordinance to allow HVAC in the B-3 district would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson, �3�amcs'H. Pa ick
Senior Planner City Manager
Report compiled: April 13, 2005
c: Theresa White, Kalispell City Clerk
TRANSMIT/ KALISPELL/ 2005KZTA-0502MEM02.DOC
Providing Community Planning Assistance To:
® City of Kalispell • City of Whitefish - City of Columbia Falls
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. I460), BY AMENDING THE B-3, COMMUNITY BUSINESS DISTRICT, TO ALLOW
HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) RETAIL SALES AND
SERVICE AS A PERMITTED USE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Yarns Properties, LLC, has submitted a written request to amend the Kalispell
Zoning Ordinance, by allowing Heating, Ventilation, and Air Conditioning (HVAC)
retail sales and service in the B-3, Community Business District, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Tri-City Planning Office after having been evaluated under
27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended by allowing HVAC retail sales
and service, but excluding sheet metal work, as a permitted use in the B-3,
Community Business District, and
WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the
Kalispell City Planning Board and Zoning Commission and hereby adopts the
findings made in Report #KZTA-05-2 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 HVAC sales and service, but excluding sheet metal
work, as a permitted use in the B-3, Community Business District.
SECTION II. All parts and portions of Ordinance No. 1460 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 18TH DAY OF APRIL, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk