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6. Ordinance 1507 - Zone Change - Greg Bain & Co - 2nd ReadingREPORT TO: FROM: SUBJECT: MEETING DATE: Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@ceuturytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading - Zone Change Request from RA-1 to B-3 for Greg Bain & Co. Hilltop Inn at Idaho and Seventh Ave EN August 16, 2004 BACKGROUND: This is the second reading for a change in zoning from RA-, Low Density Residential Apartment, to B-3, Community Business_ The property contains approximately one and a half acres is currently split by zoning with a B-3 zoning designation on approximately one half acre to the west and RA-1 zoning on approximately 1.06 acres on the eastern portion of the site. This property is located on the north side of Idaho Street and east of Seventh Avenue EN. The property is occupied by the Hilltop Inn which is non -conforming in the RA-1 portion of the site. Improvements to the building will be made subsequent to the zone change. The Kalispell City Council approved the first reading of the zone change at their regular meeting of July 13, 2004. RECOMMENDATION: A motion to approve the second reading of the ordinance approving the zone change would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wi son Senior Planner Report compiled: August 11, 2004 c: Theresa White, Kalispell City Clerk TRANSMIT\ KALISPEL\ 2004 \ ZC04-2MEM2 Chris A. Kukulski City Manager Providing Community Planning Assistance To: • ON of Kalispell • City of Whitefish • City of Columbia Fails ORDINANCE NO. 1507 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 TRACT 2 OF CERTIFICATE OF SURVEY NO. 8076IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO CITY B-3 (COMMUNITY BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Greg Bain & Co., the developers of the property described above, petitioner) the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-3, Community Business, and WHEREAS, the property is Located on the north side of Idaho Street and east of Seventh Avenue EN, and is the location of the hilltop Inn, and WHEREAS, the petition of Greg Bain & Co. was the subject of a report compiled by the Tri-City Planning Office, #KZC-04-2, dated July 6, 2004, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-3, Community 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-3, Community Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-3, Community 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 County Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KZC-04-2. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS - SECTION I. 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-3. Community Business, 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 Ill. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF AUGUST, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk