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6. Ordinance 1472 - Zone Change - Rice & Terry - 2nd ReadingSUBJECT [kTlm *fit Tri-City Planning Office 17 Second Street East — Suite 211 Kalispefl, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading- Zone Change from RA-1 to B-2 Between Third Ave East and Fifth St East - Rice / Terry July 21, 2003 BACKGROUND: This is the second reading on a change in zoning from RA-1, Low Density Residential Apartment, to B-2, General Business, on property is located between Third Avenue East and Fifth Avenue East north of Ace Hardware and east of the Outlaw Inn. The area proposed for rezoning contains approximately one half acre or .57 of an acre, that will be combined with the adjoining property to the north, Assessor's Tract 5-2. The lots will be combined through a boundary line adjustment and will contain a total area of approximately 1.63 acres. Currently this property is undeveloped. The Kalispell City Council approved the first reading for the change in zoning at their regular meeting of July 7, 2003. The Kalispell City Planning Board held a public hearing at their regular meeting of June 10, 2003 unanimously recommended approval of the rezoning from RA-1 to B-2. RECOMMENDATION: A motion to approve the second reading of the rezoning from RA-1 to B-2 would be order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, C"WI�7}ti / x , Narda A. 'Wtson Chris A. Kukulski Senior Planner City Manager Report compiled: July 15, 2003 c: Theresa White, Kalispell City Clerk Providing Community Planning Assistance To: • City of Kalispell - City of Columbia Falls - City of Whitefish - ORDINANCE NO.1472 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 THE WEST 189 FEET OF ASSESSOR'S TRACT 5-5 LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE WHEREAS, Ron and Merna Terry and William C. Rice, 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 zoned B-2, General Business, and WHEREAS, the property is located between Third Avenue East and Fifth Avenue East north of Ace Hardware and east of the Outlaw Inn, and WHEREAS, the petition of Ron and Merna Terry and William C. Rice was the subject of a report compiled by the Tri-City Planning Office, #KZC-03-1, dated June 2, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business, as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended approval of the requested zone change, and that the property as described above be zoned B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, the City Council finds such initial 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-03-1. 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 as the west 189 feet of Assessor's Tract 5-5 as B-2, General Business. 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 111. 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 OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 21 ST DAY OF JULY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk