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16. Ordinance 1428 - Zone Change - Anthony Lupo - 2nd ReadingREPORT TO: 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 tricity@centurytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading on Zone Change from RA-1 to B-2 West Side of Third Ave East - Anthony Lupo July 15, 2002 BACKGROUND: This is the second reading on a zone change request by Anthony Lupo on approximately 1.5 acres of property located on the east side of Third Ave East between 14th Street East and 18th Street East. The property is currently undeveloped. The applicants are proposing to amend the zoning on the property from RA-1, Low Density Residential Apartment, to B-2, General Business District, with the intent to better market the property. The rezoning is an attempt to better market the property as it has been for sale for some time. Based on the master plan for the area, the staff and planning board are recommending approval of the request. The Kalispell City Council approved the first reading of the zone change at their regular meeting of July 1, 2002. The Kalispell City -County Planning Board held a public hearing at their regular meeting of June 11, 2002 regarding the proposed rezoning and there was no opposition from the public. The planning board unanimously recommended that the city council approve the proposed rezoning from RA-1, Low Density Residential Apartment, to B-2, General Business. RECOMMENDATION: A motion to adopt the ordinance on second reading to rezone the property from RA-1 to B-2 would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, t N6xda A. Wilson Senior Planner Potentially minor positive effects. As suggested by the city council. Report compiled: July 10, 2002 Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls ORDINANCE NO. 1428 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOTS 1 THROUGH 7, BLOCK 1, RYKER ADDITION LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Anthony Lupo, the owner of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by multifamily and single family dwellings, City B-2 and RA-1 classification, to the East by residential, City RA-1 classification, to the South by undeveloped and Ace Hardware, City B-2 classification, and to the West by Outlaw Inn, City B-2 classification, and WHEREAS, the petition of Anthony Lupo was the subject of a report compiled by the Tri-City Planning Office, #KA-02-1, dated June 4, 2002, 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 the property as described be zoned 3-2, 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 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. KA-02-1. 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. 1175) is hereby amended by designating the property described as Lots 1 through 7, Block 1, Ryker Addition in Section 17 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 III. 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 1ST DAY OF JULY, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk