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6. Ordinance 1539 - Zone Change - Three Mile Professional, LLC - 2nd ReadingREPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1.858 tricity@centurytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Second Reading, - Three Mile Professional, LLC Zone Change Request from R-5 to B-1 North Meridian Road MEETING DATE: June 6, 2005 BACKGROUND: This is the second reading of an ordinance on a request by Three Mile Professional, LLC for a change in zoning from R-5, Residential / Professional Office, to B-1, Neighborhood Buffer District. This property lies at the northwest corner of Three Mile Drive and North Meridian Road. The combined acreage of the lots contains approximately 3.479 acres. The owners intend to develop several office buildings on these lots for lease or rent purposes. The Kalispell City Council approved the first reading of this ordinance at their regular meeting of May 16, 2005. RECOMMENDATION: A motion to adopt the second reading of the ordinance approving the zone change from R-5 to B-1 would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson, �amcsPatrick Senior Planner City Manager Report compiled: May 31, 2005 c: Theresa White, Kalispell City Clerk TRANSMIT/ KALISPELL/2005KZC)5-2MEM02.DOC Providing Community Planning Assistance To: • City of .Kalispell • City of Whitefish • City of Columbia Falls • ORDINANCE NO. 1539 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 IA AND 2A OF THREE MILE DRIVE CORNER OF THE AMENDED PLAT OF NORTHWEST TRACTS AND LOT I OF THREE MILE DRIVE CORNER IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-5, RESIDENTIAL/ PROFESSIONAL OFFICE) TO CITY B-1 (NEIGHBORHOOD BUFFER DISTRICT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Three Mile Professional, LLC; Point Professional Building, LLC; and JC Family Partners, LLP, 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 B-1, Neighborhood Buffer District, and WHEREAS, the property is located on the northwest corner of Three Mile Drive and North Meridian Road, and WHEREAS, the petition of Three Mile Professional, LLC, et at. was the subject of a report compiled by the Tri-City Planning Office, #KZC-05-2, dated April 1.2, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Buffer District, 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-1, Neighborhood Buffer District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1., Neighborhood Buffer District, 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 County Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KZC-05-2, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. 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-1, Neighborhood Buffer District. 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 COUNCILAND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 5TH DAY OF JUNE, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk