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4. Ordinance 1488 - Text Amendments - City of Kalispell - 2nd ReadingREPORT TO: F91TOT79 SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity rr centurytel.net Kalispell Mayor and City Council Thomas R. Jentz, Director Chris A. Kukulski, City Manager Kalispell Zoning Text Amendment - adding R-5 to the PUD category and setting density for R-4 and R-5 MEETING DATE: December 15, 2003 BACKGROUND: This is the second reading on a request for a zoning text amendment to allow a PUD overlay within the R-5 zone and to set the residential density for an R- 5 PUD at 14 dwelling units per acre and the PUD density for R-4 zones at 12 units per acre. The purpose of this amendment is to correct an apparent oversight of some years ago when the original R-5 zone was created and to create equality with the R-4 zone. The Kalispell City Council held the first reading on December 1, 2003. RECOMMENDATION: A motion to approve the second reading of the ordinance would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, e Thomas R. Jentz. Director Report compiled: December 9, 2003 c: Theresa White, Kalispell City Clerk H:\ FRDO\TRANSMIT\KALISPEL\2003\KZTA03-5.MEM02,D0C Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • ORDINANCE NO. 1488 AN ORDINANCE AMENDING SECTION 27.21 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. I460), BY ALLOWING PLANNED UNIT DEVELOPMENTS IN THE R-5, RESIDENTIAL/PROFESSIONAL OFFICE DISTRICT AND INCREASING THE NUMBER OF MAXIMUM DWELLING UNITS IN A PLANNED UNIT DEVELOPMENT IN THE R-4, TWO FAMILY RESIDENTIAL DISTRICT AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has submitted a written request to amend Section 27.21 of the Kalispell Zoning Ordinance, by allowing Planned Unit Developments in the R-5, Residential/Professional Office District, 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 PUDs be allowed in the R-5, Residential/Professional Office district, with a maximum density of 14 dwelling units/acre, and that the maximum density of dwelling units/acre in the R-4 District be increased from 10 to 12 units, 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-03-5 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 1. 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 11. 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 I ST DAY OF DECEMBER, 2003. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT A CITY OF KALISPELL KALISPELL ZONING ORDINANCE TEXT AMENDMENTS CHAPTER 27.21 PLANNED UNIT DEVELOPMENT DISTRICT 27.21.030 (3)(a) Residential PUD District. Residential PUD districts can be established only in areas zoned R-1 through R-4 R, �- ,5, RA-1 through RA-3 districts or directly upon annexation in any area designated as "residential" in the Kalispell Growth Policy. 27.21.030(4)(a) Residential PUD. Within a Residential PUD District, the uses and structures permitted in R-1 through R-4 RR5 zones, and RA -I through RA- 3 zones shall be allowed. Residential dwelling unit densities within a proposed residential PUD district shall be as follows: Residential PUD Created Maximum Permissible Density R-1 District 3 dwelling units/acre R-2 District 5 dwelling units/acre R-3 Distract 7 dwelling units/acre R-4 District 1412 dwelling units/acre R-5 District 14 dwelling units/acre RA-1 District 24 dwelling units/acre RA-2 District 33 dwelling units/acre RA-3 District 33 dwelling units/acre