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08. Ordinance 1405 - Text Amendment - Multi-family Dwellings in B-2 - 2nd ReadingREPORT TO: FROM: SUBJECT: 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 Kalispell Zoning Ordinance Text Amendment - Multi -Family Dwellings / Accessory Apartments as a Permitted Use in B-2 MEETING DATE: November 19, 2001 BACKGROUND: This is the second reading on an amendment to the Kalispell Zoning Ordinance, Section 27.14.020, Permitted Uses in the B-2, General Business, zoning district to allow multi -family dwellings and accessory apartments as permitted uses. Any properties with a B-2, General Business, zoning designation could potentially be affected by the proposed change. The applicant owns property near the Outlaw Inn in south Kalispell and is interested in developing a multi -family dwelling complex on the site. Staff recommended approval of allowing multi -family in the B-2 because it would expand mixed use opportunities to meet the growing demand for a variety of housing types; promote transportation efficiency and pedestrian circulation by placing housing, jobs, and shopping in close proximity to each other in a town center; promote efficient use of existing infrastructure and services; expand the customer base of businesses. On November 5, 2001 the Kalispell City Council passed an ordinance on first reading that allows multi -family dwellings and accessory apartments as permitted uses in the B-2, General Business, zoning district as recommended by the Kalispell City -County Planning Board at their regular meeting of October 9, 2001. RECOMMENDATION: A motion to adopt the ordinance on second reading to allow multi -family dwellings and accessory apartments as permitted uses in the B-2, General Business, zoning district would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Allhitefish • City of Columbia Falls Kalispell Zoning Ordinance Text Amendment November 9, 2001 Page 2 Respectfully submitted, Nard� on Senior Planner Report compiled: November 9, 2001 c: Theresa White, Kalispell City Clerk H:\FRDO\TRANSMIT\KALISPEL\2001 \KZCD 1- i MEM02.DOC Chris A. Kukulski City Manager ORDINANCE NO. 1405 AN ORDINANCE AMENDING SECTIONS 27.14.020 AND 27.14.030 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING PERMITTED USES IN THE B-2, GENERAL BUSINESS DISTRICT TO INCLUDE ACCESSORY APARTMENTS AND MULTI -FAMILY DWELLINGS AND REMOVING ACCESSORY APARTMENTS FROM CONDITIONALLY PERMITTED USES, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Richard Dasen has submitted a written request to amend Section 27.14.020 of the Kalispell Zoning Ordinance, by amending Permitted Uses in the B-2, General Business District to allow multi -family dwellings, and WHEREAS, the request was forwarded to the Kalispell City -County 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 -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to allow accessory apartments and multi -family dwellings as permitted uses in the B-2, General Business Distract and removing accessory apartments as a conditional use, and WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-01-7 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 Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended as follows: Section 27.14.020: Permitted Uses (1). Apartments, Accessory. (2). Appliance distributors, wholesale/repair. (36) (37) Section 27.14.030: SECTION II. SECTION III. Multi -family dwellings. Music education with related performance and limited sales. Uses Which May Be Permitted By Conditional Use Permit. All parts and portions of Ordinance No. 1175 not amended hereby remain unchanged. 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 19TH DAY OF NOVEMBER, 2001. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk