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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