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Ordinance 1391 - FAILED ON 2ND READING - Zoning - Mohrenweiser204 09/17/2001: Failed on 2nd ORDINANCE NO. 1391 Reading AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 6B AND 6BSAAA IN GOVERNMENT LOT 1, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE_ WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Richard and Judith Mohrenweiser, the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land be changed to RA-3, Residential Apartment/Office, and WHEREAS, the property as described exists as property surrounded to the North by single family homes and small business, R-3 classification, to the East by Hwy. 93, church, single family homes, R-3 and H-1 classifications, to the South by single family homes, R-4 classification, and to the West by single family homes and offices, R-3 and R-5 classification, and WHEREAS, the petition of Richard and Judith Mohrenweiser was the subject of a report compiled by the Flathead Regional Development Office, #KZC-01-2, dated July 3, 2001, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned RA-3, Residential Apartment/ Office as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned RA-3, Residential Apartment/Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-3, Residential Apartment/Office, the City Council 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 FRDO as set forth in Report No. KZC-01-2. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1175) is hereby amended by designating the property described as Assessor's Tracts 6B and 6BSAAA in Government Lot 1, Section 7 as RA-3, Residential Apartment/Office. SECTION II. 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. 1 1 1 SECTION III. This Ordinance shall be effective thirty 205 (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 2ND DAY OF AUGUST, 2001. Wm . E . 56Na1fsX Mayor ATTEST: Theresa White City Clerk 1