I2. Ordinance 1769 - Zone Change from B-2 to B-3PLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager V
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1769 — Second Reading — Request for a zoning map
amendment from B-2 to B-3.
MEETING DATE: March 21, 2016
BACKGROUND: This is the second reading of an ordinance to amend the zoning map from B-2
(General Business) to B-3 (Core Area — Business), on a rectangular area at the southeast corner of the
intersection of U.S. Hwy 93/Main Street and U.S. 2/Idaho. The area to be rezoned is bound by U.S. 2
to the north, U.S. 93 to the west, Montana Street to the south and the alleyway to the east (Moose's
Block). The proposed zone change can be more specifically described as the west half of Block 16,
Lots 13-24 and the adjacent public right-of-ways to the centerline of Kalispell Original Townsite,
located in Section 8, Township 28N, Range 21 W, P.M.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on March 7, 2016, approved the first reading of
Ordinance 1769 for zoning map amendment, from B-2 to B-3, on a roll call vote of 5 in favor and 2
opposed. Please note, the rezone will not take effect until 30 days after the second reading of
Ordinance 1768, which created the B-3 Zoning District.
RECOMMENDATION: It is recommended that the City Council approve the second reading of
Ordinance 1769 for a zoning map amendment from B-2 to B-3 on the property described above, to
become effective only after legal creation of the B-3 zoning district has been achieved.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1769
Report compiled: March 14, 2016
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO.1769
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 THE WEST HALF OF
BLOCK 16, LOTS 13-24 AND THE ADJACENT PUBLIC RIGHT-OF-WAYS TO THE
CENTERLINE OF KALISPELL ORIGINAL TOWNSITE, IN SECTION 8, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, CURRENTLY
ZONED CITY B-2 (GENERAL BUSINESS), TO CITY B-3 (CORE AREA - BUSINESS) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City
Planning and Zoning Commission to consider changing the zoning classification attached
to the above described tract of land, currently zoned City B-2, General Business, to
B-3, Core Area - Business, on 12 lots and the adjacent public right-of-ways to the
centerline;
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on February 9,
2016, and recommended a zoning designation of City B-3, Core Area - Business,
pursuant to Kalispell City Code 27.29.030; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and hereby
adopts the findings made in Report #KZC-16-01 as the Findings of Fact applicable to this
Ordinance; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-3, Core Area - 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-16-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
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 as described above as B-3, Core Area - Business, on 12 lots and the
adjacent public right-of-ways to the centerline.
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 passage on second
reading by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 21 ST DAY OF MARCH, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor