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Ordinance 1441 - Zoning - MakloskiORDINANCE NO.1441 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO.1439), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 7CF LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY B-2, GENERAL BUSINESS) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Ken Makloski, 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 B-2, General Business upon annexation, and WHEREAS, the property as described exists as property surrounded by commercial properties, and WHEREAS, the petition of Ken Makloski was the subject of a report compiled by the Tri-City Planning Office, #KA-02-13, dated November 4, 2002, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, 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 ofTCPO as set forth in Report No. KA-02-13. 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 Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended by designating the property described as Assessor's Tract 7CF located in Section 20 as B-2, General Business upon annexation. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Interim 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 2ND DAY OF DECEMBER, 5amnela J B. Ke edy ATTEST• A Mayor Theresa White City Clerk