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01. Ordinance 1384 - Text Amendment - Height Limit in B-2 - 2nd ReadingCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 REPORT TO: Honorable Mayor and City Council FROM: Chris A. Kukulski, City Manager SUBJECT: Ordinance 1384 - Kalispell Zoning Ordinance Text Amendment - Increase in Height Limitation in B-2, General Business and B-3, Community Business Districts - 2nd Reading MEETING DATE: July 2, 2001 BACKGROUND: Jackola Engineering requested an amendment to the Kalispell Zoning Ordinance to increase the maximum height limit in the B-2, General Business, zoning district firm 35 feet to 50 feet. The Kalispell City -County Planning Board, on June 12th, voted five in favor and three opposed to recommend a change in the maximum height limit in the B-2, General Business, and the B-3, Community Business, zoning district from 35 feet to 40 feet. The three members who voted in opposition favored the 50 foot height limit. At the last meeting, Council discussed whether to vote in favor of the 40 feet or change the height limit to 50 feet or more. It was decided to approve the 40 foot limit in order to allow Jackola Engineering to begin work immediately and to bring the height limits back to the floor at a future date. The Planning and Zoning offices are working collectively on a height limit recommendation for all of the zoning districts and should have the issue back before the Council within 60 days. RECOMMENDATION: The City Council approve Ordinance 1384 on second reading. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by Council. Respectively submitted, Chris A. Kukulski City Manager Report compiled June 27, 2001 ORDINANCE NO. 1354 AN ORDINANCE AMENDING SECTION 27.14.040(4) OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE MAXIMUM HEIGHT LIMIT TO 40 FEET IN THE B-2, GENERAL BUSINESS AND B-3, COMMUNITY BUSINESS DISTRICTS AND DECLARING AN EFFECTIVE DATE. WHEREAS, Jackola Engineering has submitted a written request to amend Section 27.14.040(4) of the Kalispell Zoning Ordinance, by amending the B-2, General Business District maximum height limit to 50 feet, and WHEREAS, the request was forwarded to the Kalispell City -County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to allow a maximum height of 40 feet in the B-2, General Business and B-3, Community Business Districts, and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-01-4 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 Ordinance No follows: Kalispell Zoning Ordinance, 1175, is hereby amended as Section 27.14.040(4): Property Development Standards (4). Maximum Building Height (FT): 3-5 40 Section 27.15.040(4): Property Development Standards (4). Maximum Building Height (FT): 3-5 40 SECTION II. All parts and portions of Ordinance No. 1175 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 JULY, 2001. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk