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Ordinance 1881 - Zone Change - Morning Star CommunityORDINANCE NO. 1881 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 23, 24, AND THE NORTH HALF OF LOT 9 OF BLOCK 1 OF GREENACRES, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R- 5) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Morning Star Community, Inc., the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above - described tract of land be zoned R-4 on approximately 5.88 acres of land; and WHEREAS, the property is located at 1717 South Woodland Drive; and WHEREAS, Morning Star's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-22-04, dated May 4, 2022, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Residential, 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. KA-22-04. 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 R-4, Residential, on approximately 5.88 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 20TH DAY OF JUNE, 2022. ATTEST: JAM Ainfee Brunckhorst, CMC City Clerk `,``�111KA�� ' 0 ) ''�*'111111110% Mark Johnso Mayor