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2. Ordinance 1730 - Zone Change - 2nd ReadingPlanning Department 201 I't Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.coMiplannin REPORT TO: Doug Russell, City Manager FROM: Kevin LeClair, Senior Planner, Kalispell Planning Department SUBJECT: Ordinance 1730 - Second Reading: Request for Zoning Map Change from R-4 to B-I at 1252 N. Meridian Road MEETING DATE: September 16, 2013 BACKGROUND: This is the second reading for a request to change the zoning from R-4 (residential) to B-1 (neighborhood business) on two lots located at 1252 N. Meridian Road. The lots, also known as Lots 18 & 19 of Northwest Tracts Block 1, are on the west side of the road, halfway between Three Mile Drive and U.S. Highway 93, in the Southeast 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. They cover 1.8 acres. The Kalispell City Council unanimously approved the first reading of the ordinance at their regular meeting on September 3, 2013. RECOMMENDATION: It is recommended that the Council approve the second reading of ordinance to change the zoning of the two properties located at 1252 N. Meridian Road from R-4 (residential) to B-I (neighborhood business). FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City. ALTERNATIVES: Deny the request. Respectfully submitted, Kevin LeClair Senior Planner Report compiled: August 6, 2013 c: Theresa White, Kalispell City Clerk AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOTS 18 AND 19 OF BLOCK 1 OF NORTHWEST TRACTS, LOCATED IN THE SOUTHEAST (QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED R-4 (RESIDENTIAL) TO B-1 (NEIGHBORHOOD BUSINESS)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Cooke Thompson, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned City R-4, Residential, be zoned B-1, Neighborhood Business, on approximately 1.8 acres of land; and WHEREAS, the property is located on the west side of Meridian Road, halfway between Three Mile Drive and US Highway 93; and WHEREAS, the petition of Cooke Thompson was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-13-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on August 13, 2013, and recommended that the zoning be City B-1, Neighborhood Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, the City Council finds such 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 KPD as set forth in Staff Report No. KZC-13-01. NOW •' ORDAINED BY THE CITY COUNCILOF OF KALISPELL, AS • i SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as B-1, Neighborhood Business, on approximately 1.8 acres of land. SECTION 2. 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 3. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 16TH DAY OF SEPTEMBER, 2013. Tammi Fisher Mayor ATTEST: Theresa White City Clerk