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3. Ordinance 1505 - Text Amendment - Day Care Centers - 2nd Reading1 _147*7Z4 rlrlLi)i FROM: SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricityCacenturytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Kalispell Zoning Ordinance Text Amendment - Day Care Centers as a Permitted Use in the B-2, General Business, Zoning District .August 2, 2004 BACKGROUND: This is a request initiated by the City of Kalispell to include day care centers in the B-2, General Business, zoning district in the Kalispell Zoning Ordinance. This amendment is considered "housekeeping" in that day care centers are listed as permitted uses in all of the other commercial zoning districts. This discrepancy came to light while the City was in the process of assisting Head Start with a facilities grant for property they identified for a new Head Start facility that is zoned B-2. The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to consider the proposed amendment. At the public hearing no one spoke either in favor or in opposition to the proposed amendment. The board discussed the proposed changed and agreed that the amendment was warranted. A motion was made and passed unanimously to recommend to the Kalispell City Council that day care centers be included as a permitted use in the B-2, General Business, zoning district. RECOMMENDATION: A motion to adopt the 2nd, reading of the ordinance including day care centers as a permitted use in the B-2 zoning district would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner None. As suggested by the City Council. Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls ORDINANCE NO.1505 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ALLOWING DAY CARE CENTERS IN THE B-1, GENERAL BUSINESS ZONE, AS A PERMITTED USE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has submitted a written request to amend Section 27.14.020 of the Kalispell Zoning Ordinance, by allowing Day Care Centers as a permitted use in the B-1, General Business zone, 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 Day Care Centers be allowed as a permitted use in the B-1, General Business zoning 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-04-2 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 as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION IL 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 2ND DAY OF AUGUST, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT A KALISPELL ZONING ORDINANCE TEXT AMENDMENT CHAPTER 27.14 B-2 GENERAL, BUSINESS 27.14.020: Permitted Uses. • Day Care Centers