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Ordinance 1907 - Zone Change - Stillwater VillageORDINANCE NO. 1907 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 TRACTS 1 AND 2 OF CERTIFICATE OF SURVEY NO. 22183, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13 AND THE NORTH HALF OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-2) TO CITY R4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Owl Corporation and Flathead Village Greens, LLC, the owners of the property described above, petitioned that the zoning classification attached to the above - described tract of land be zoned R-4 on approximately 182.15 acres of land; and WHEREAS, the property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property; and WHEREAS, Owl Corporations and Flathead Village Greens' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-22-05, dated March 8, 2023, 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. KZC-22-05. 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 182.15 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 17TH DAY OF APRIL 2023. ATTEST: Ainiee Brunckhorst, CMC City Clerk Mark Johnson Mayor