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Ordinance 1585 - Zoning Text Amendment - Off-Street Parking Within Special Maintenance District No. 2ORDINANCE N0.1585 AN ORDINANCE .AMENDING SECTIONS :2 . 1 AND 27.26,040(11) THE KALISPELL ZONING ORDINANCE, (ORDINANCES 1175, 1202 .AND 3 Y AMENDING ""OFF STREET PARKING WITHIN SPECIAL MAINTENANCE DISTRICT NO. 2"' BY EXPANDING THE DISTRICT TO INCLUDE TAT AREA CURRENTLY OCCUPIED BY THE KALISPELL CENTER MALL AND BY AUTHORIZING A. CASH -IN -LIEU PAYMENT TO BE MADE IN THE ALTERNATIVE TO PROVIDING INGON-SITE PARKING SPACES AND DECLARING AN EFFECTIVE ATE. WHEREAS the City of Kalispell Planning Department .t submitted a written request to amend Sections 7.26.00 and 27.2.01 of the Kalispell Zoning ordinance by amending "Off Street Parking Within Special Maintenance District No, 2"' by expanding the district to include that area currently occupied by the Kalispell Center Mall bounded by Center Street, Fifth ,Avenue West, the BN RR 'tracks and North Main Street and by authorizing a cash -ix -lieu payment to be made in the alternative to providing ors -site parkin; spaces; and WHEREAS, the request was forwarded to the Kalispell City Planning Board after it was fully evaluated and determined to be compliant under the statutory requirements o MCA 7-2-20; and WHERF,AS, after fully considering the evidence and testimony presented at a properly noticed public hearing on June 13, 2006 and after fully considering the Kalispell Planning Department Staff Report KZTA-- -3, the Kalispell City Planning Board recommended to City Council, on a -1 vote, that the Kalispell Zoning Ordinance he amended as proposed; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Staff Report KZTA--3 and the transmittal from. the Kalispell City Planning Board and hereby adopts the findings o.f the report as its Findings of Fact applicable to this Ordinance. BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of KA ISPE L, M N AN , AS FOLLOWS SECTION I The City of Kalispell Zoning; ordinance, ordinance No. 1175 and 1202, is hereby amended as follows: Special Maintenance Parkin; District No. 2, as described in Figure 2 of .Appendix B shall be amended to include that area bounded by Center Street, Fifth Avenue West, the BN RR Tracks and North Main Street as well as all other areas previously included within the District. SECTION 11 Section 2 .2 .o o .1 , ordinance No. 1374, of the Kalispell Zoning Ordinance is hereby amended as follows: Within Special Parking Maintenance, District No. 2: Property located within Special Parking Maintenance District No. 2 South of Center Street shall provide one parking space for every four hundred oo square feet f gross floor area, and North of Center Street shall provide one parking space for every two hundred (too) square feet of gross floor area but in no case shall more parking be required than is otherwise provided for under this article. A cash -in -lieu payment may e paid as an alternative t providing required parking spaces --site. The money shall be paid into a fund established by the City Council and in an amount as may be set by the City Council from time to time by resolution. SECTION III This Ordinance shall be effective thirty 3 days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 18TH DAY of SEPTEM R, Zoo , n# Pamela B. Ke n` dy Mayor.:.. ATTEST: Theresa White City Clerk