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E3. Ord 1803 - B-3 Core AreaPLANNING FOR THE FUTURE REPORT TO: WZId SUBJECT: MEETING DATE: MONTANA Doug Russell, City Manager D-C Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Ordinance 1803 — 2nd Reading for B-3 Core Area Rezone Phase 5 December 18, 2017 BACKGROUND: This is the second reading of Ordinance 1803, an ordinance to rezone a portion of the Core Area from B-2 (General Business) and I-1 (Light Industrial) to B-3 (Core Area Business). The B-3 Zoning District was created specifically for properties within the Core Area Plan Boundary and the subject properties are located within the heart of that area. Rezoning of the subject properties from B-2 and I-1 to B-3 reflects the goals and policies of the Core Area Plan. The Kalispell City Council, at their meeting on December 4, 2017, approved the first reading of Ordinance 1803, unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1803, an ordinance to amend Section 27.02.010, official zoning map of the City of Kalispell Zoning Ordinance 1677, by rezoning certain real properties within the Core Area from B-2 and I-1 to B-3, excluding Lot 1 of Block 2 of COS 20375, located within Section 7 and Section 18, Township 28N, Range 21W, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1803 c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1803 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS AN AREA BOUNDED ON THE NORTH BY THE CENTERLINE OF WEST IDAHO (U.S. HWY 2), ON THE WEST BY THE CENTERLINE OF SOUTH MERIDIAN ROAD, ON THE SOUTH BY THE SOUTHERN LOT LINES OF TRACTS 2 AND 3 OF COS 13659 AND THE CENTERLINE OF 1ST STREET WEST, AND ON THE EAST BY A LINE FOLLOWING THE CENTERLINE OF 7TH AVENUE WEST EXTENDING FROM 1ST STREET WEST TO WEST IDAHO, EXCLUDING LOT 1 OF BLOCK 2 OF COS 20375, LOCATED WITHIN SECTION 7 AND SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the Planning Department is requesting that the zoning classifications attached to the above described tracts of land, currently zoned either B-2, General Business; or 1- 1, Light Industrial, be zoned B-3, Core Area Business; and WHEREAS, the properties are generally bounded on the north by the centerline of West Idaho (U.S. Hwy 2), on the west by the centerline of South Meridian Road, on the south by the southern lot lines of tracts 2 and 3 of COS 13659 and the centerline of 1st Street West, and on the east by a line following the centerline of 7th Avenue West extending from 1 st Street West to West Idaho, excluding Lot 1 of Block 2 of COS 20375; and WHEREAS, the Planning Department prepared a report, Staff Report #KZC-17-03, and recommended that the properties as described above be zoned B-3, Core Area Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 14, 2017, and recommended that the zoning be City B-3, Core Area Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as described B-3, Core Area Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy -- Plan It 2035 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-17-03. 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 properties described above as B-3, Core Area Business, on those properties generally bounded on the north by an area bounded on the north by the centerline of West Idaho (U.S. Hwy 2), on the west by the centerline of South Meridian Road, on the south by the southern lot lines of tracts 2 and 3 of COS 13659 and the centerline of lst Street West, and on the east by a line following the centerline of 7th Avenue West extending from 1st Street West to West Idaho, excluding Lot 1 of Block 2 of COS 20375. 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 18TH DAY OF DECEMBER, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk