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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