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6. Ordinance 1543 - Zone Change - Potthoff, Allison & Executive Plaza Partnership - 2nd ReadingREPORT TO: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2,d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Second Reading - Potthoff, et al Zone Change Request from R-4 to RA-3 - First Ave East and Fifth Street East July 18, 2005 BACKGROUND: This is the second reading of an ordinance regarding a request by several property owners on the south side of Fifth Street East between Main Street and Second Avenue for a change in zoning from R-4, Two Family Residential, to RA-3, Residential Apartment / Office, on approximately 0.65 of an acre. The properties where the zone change is proposed are already developed with professional offices specifically dental and law offices. These offices exist as nonconforming uses and are restricted with regard to changes to the building and property. The change in zoning will bring the properties into compliance with regard to the use. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of July 5, 2005. RECOMMENDATION: A motion to adopt the second reading of the ordinance approving the zone change from R-4 to RA-3 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�atr�ck Senior Planner City Manager Report compiled: July 12, 2005 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1543 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1.460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOTS 11 16, 17, AND 18 IN BLOCK 84 AND LOTS 1, 2, AND 3 IN BLOCK 85, KALISPELL ORIGINAL TOWNSHIP IN SECTION 18, TOWNSHIP 28 NORTH, .RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-4, TWO FAMILY RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, Ronald B. Potthoff, Bruce A. Allison and Executive Plaza Partnership, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be rezoned RA-3, Residential Apartment/Office, and WHEREAS, the property is located on the south side of Fifth Street East between Main Street and Second Avenue East, and WHEREAS, the petition of Ronald B. Potthoff, et al. was the subject of a report compiled by the Tri-City Planning Office, #KZC-05-4, dated June 7, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned RA-3, Residential Apartment/Office, 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 RA-3, Residential Apartment/Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-3, Residential Apartment/Office, 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-05-4. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.01.0, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1.460) is hereby amended by designating the property described above as RA-3, Residential Apartment/Office. SECTION 11. 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 JULY, 2005, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk