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Ordinance 1372 - Zoning - DiebertORDINANCE NO. 1372 159 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 LOT 4, BLOCK 1, ADAMS ADDITION (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL) TO R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Dana and Krista Diebert, the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to R-5, Residential/Professional Office, and WHEREAS, the property as described exists as property surrounded to the North by single family homes, City R-3 classification, to the East by office and apartments, City RA-3 classification, to the South by offices, City R-5 classification, and to the West by single family homes, City R-3 classification, and WHEREAS, the petition of Dana and Krista Diebert was the subject of a report compiled by the Flathead Regional Development Office, #KZC-00-1, dated October 3, 2000, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned R-5, Residential/Professional 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 R-5, Residential/ Professional Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional 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-00-1. 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 above as R-5, Residential/Professional 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. SECTION III. This Ordinance shall be effective thirty (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 20TH DAY OF NOVEMBER, 2000. - Wrn.E -'sAnl4i __ Wm. E. Boharski Mayor ATTEST: ,/ 4 L-Z/I h// ,�.r" ,' Theresa White City Clerk