08. Ordinance 1533 - Zone Change Request - Mowbray - 2nd ReadingREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street Past — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax. (406) 751-1858
tricity(rcenturytel.net
www.tricitypianiiing-mt.com
Kalispell Mayor and City Council
Narda A. Wilson., Senior Planner
James H. Patrick, City Manager
Second Reading - Zone Change Request from B-1 to B-2 -
North Meridian Road
April 18, 2005
BACKGROUND: This is this second reading of an ordinance for a change in zoning from B-
1 to B-2 on property located on the east side of North Meridian Road, north of West
Wyoming and south of liberty Street. The area proposed for rezoning is 0.91 acres and is
developed with a single lineal building on three lots with a single drive through espresso
building on the Tot furthest to the south. The B-1 zoning district is a Neighborhood Buffer
District that allows offices, limited retail and other low impact, low traffic uses. The
applicant would like to rezone the property to B-2, General Business, to allow a greater
number of uses.
The Kalispell City Council approved the first reading of this ordinance to allow a change in
zoning from B-1 to B-2 at their regular meeting of April 4, 2005,
RECOMMENDATION: A motion to adopt the second reading of the Ordinance approving
the zone change from B-1 to B-2 would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson, James H. Patrick
Senior Planner City Manager
Report compiled: April 13, 2005
c: Theresa White, Kalispell City Clerk
TRANSMIT/ KALISPEI 1,/ 2005KZC05-1 MEMO. DOC2
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish e City of Columbia Falls
ORDINANCE NO. 1533
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS LOTS 1 THROUGH 4, LLOYD'S ADDITION, A
PLATTED SUBDIVISION IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY B-1,
NEIGHBORHOOD BUFFER DISTRICT) TO CITY B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Carmine Mowbray, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be rezoned B-2, General Business, and
WHEREAS, the property is located on the east side of North Meridian Road between West
Wyoming Street and Liberty Street, and
WHEREAS, the petition of Carmine Mowbray was the subject of a report compiled by the Tri-
City Planning Office, #KZC-05-1, dated March 8, 2005, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned B-2, General Business as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, the City Council finds such zoning to be consistent
with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth
in Section 76-3-608, M.C.A., and State, Etc. v. Board of Count. Commissioners, Etc.
590 P2d 602, the findings of fact of TCPO as set forth in Report No. KZC-05-1.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L Section 27.02.010, of the Official Zoning, Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1460) is hereby amended by
designating the property described above as B-2, General Business.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full
force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of 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