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Ordinance 1878 - Zone Change - Blue DuckORDINANCE NO. 1878 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 LOTS 1, 2, AND THE NORTHERN 37.5 FEET OF LOT 3, BLOCK 57 OF KALISPELL ORIGINAL TOWNSHIP, ACCORDING TO THE MAP OR PLAT THEREOF IN THE OFFICE OF THE CLERK AND RECORDER, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA- 2) TO CITY B-4 (CENTRAL BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, John Todd, the applicant for one of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above -described tract of land be zoned B-4 on approximately 0.44 acres of land; and WHEREAS, the property is located at 128 and 130 2nd Street East; and WHEREAS, Todd's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-22-02, dated April 6, 2022, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-4, Central Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-4, Central Business, the City Council finds such initial 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-22-02. 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 described above as B-4, Central Business, on approximately 0.44 acres of land. 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 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF MAY, 2022. ATTEST: L� Mark Johnson Mayor Ailiee Brunckhorst, CMC City Clerk SEAL _ U: 1892 rr-