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07. Ordinance 1222 - Amend Zoning Text - RA-2 - 1st ReadingORDINANCE NO. 1222 i AN ORDINANCE AMENDING SECTION 27.10.010, CITY OF KALISPELL ZONING ORDINANCE NO. 1175. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the RA-2 intent statement of Section 27.10.010 is hereby amended to read as follows: 27.10.010: Intent. A residential apartment district to provide areas for multi -family use and compatible non- residential uses of high land use intensity. This district is intended to serve as a buffer between commercial and suburban residential zones. This district demands public and community facilities. SECTION II. This Ordinance shall become effective thirty ( 30 ) days from and after the date of its final passage by the City Council and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1995. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council April 6, 1995 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 723 5th Avenue East - Room 414 Kalispell, Montana 59901 RE: Kalispell Zoning Ordinance Text Amendment RA-2 Intent Statement Dear Bruce: Phone: (406) 758.5780 The Kalispell City -County Planning Board and Zoning Commission met in regular session on Tuesday, March 14, 1995, and held a public hearing on the following: A request by the City of Kalispell to amend the Kalispell Zoning Ordinance Text, Section 27.10.010 Intent, by rewording the intent section to allow for a more diverse use of the RA-2 zone. John Parsons, of FRDO presented the staff report, which recommended the text amendment be approved. No orespoke either in favor or in opposition to the requested text amendment. The motion was made to adopt the findings of fact in report #KZTA-95-029 and recommend the requested text amendment to change the intent statement in the RA-1 zone. The motion failed on a vote of 2 in favor, 5 opposed. The intent of this text amendment was discussed, and the Board moved to delete the sentence at 4 saat���ial-es-', and leaving in "central and inner city use". The motion carried on a 7-0 vote in favor of the modification to the requested text amendment. This recommendation is being forwarded to the City Council for final action. Council needs to wait for the minutes of the Planning Board meeting prior to taking final action on this matter. However, this does not preclude Council discussion at its workshop. If you have any questions regarding this request, please contact the Commission or John Parsons at FRDO. Respectfully Submitted, KAL PELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/eo Attachments: FRDO Report #KZTA-95-2 F:\FRDO\TRANSMIT\KZTMg";Imunity Planning Assistance To: • Flathead County 9 City of Columbia Falls • City of Kalispell • Cityof Whitefish • Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 TO: KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION FROM: JOHN PARSONS, SENIOR PLANNER RE: ZONING TEXT AMENDMENT TO AMEND THE RA-2 INTENT STATEMENT (FRDO ;JKZTA-95-2) DATE: MARCH 4, 1995 A public hearing has been scheduled for the March 14, 1995 Zoning Commission meeting to discuss a proposed amendment to the adopted Kalispell Zoning Ordinance. The City of Kalispell has requested the Kalispell City -County Planning Board and Zoning Commission address a specific area of the adopted zoning ordinance. Section 27.10.010 Intent reads: "A residential apartment district to provide areas for multi -family use and compatible non-residential uses of high land use Intensity. This district is Intended for central and inner-city use and not for suburban use. This district demands public and community facilities and a buffer area between it and other residential districts." The proposed amended intent would read: "A residential apartment district to provide areas for multi -family use and compatible non-residential uses of high land use intensity. This district is Intended for (DELETE- central and Inner-city use and not for suburban use) (ADD- to serve as a buffer between commercial and suburban residential zones). This district demands public and community facilities (DELETE- and a buffer area between It and other residential districts)." ANALYSIS' The question involves whether or not the RA-2 zone should be buffered from other residential zones and if it should occur in areas other than what is historically known as downtown. it is staff's opinion concerning the first issue, that since none of the more intensive zones, including: RA3, B-1 through B-5, and the 1-1 and 1.2 zone Intent statements require them to be buffered, It appears to be an unintended restriction for the RA-2 zone. Providing Community Planning Assistance To: f n„nty * rity of Colombia Falls * City of Kalispell * City of Whitefish The second issue involves whether or not the sentence, 'This district is intended for central and inner-city use and not for suburban use., was to restrict the use of the zone to the area historically known as the central Inner-city downtown area. it is staffs opinion that a zoning ordinance needs to be as dynamic as the City It governs. It is also felt that as the City grows so does its central core (central and inner city). Because of the dynamic growth of the City of Kalispell this commercial core has expanded. As a result of the discussion over this issue at both the Planning Board and the Council levels it is felt that the Ordinance should be changed to allow for the use of this classification in areas other than what is considered to be the area of historic downtown. RECOMMENDATION: It is recommended that the Kalispell Zoning Ordinance, Chapter 27.10.010, be amended to: Section 27.10.010: Intent. A residential apartment district to provide areas for multi -family use and compatible non-residential uses of high land use intensity.(Thls district is intended to serve as a buffer between commercial and suburban residential zones. This district demands public and community facilities. ..AKZTA95-2.RA2 2