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Ordinance 1672 - Zone Change - MitschORDINANCE NO. 1672 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT A OF COS 15749 AND COS 6682 LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY P-1 (PUBLIC)) TO CITY B-2 (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, R. Dick Mitsch, 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, on approximately 1.78 acres of land, and WHEREAS, the property is located on the west side of Highway 93 South, just south of the intersection with Kelly Road, and WHEREAS, the petition of R. Dick Mitsch was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-09-4, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 10, 2009, and recommended that the zoning be City 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 finds such zoning to be consistent with the Kalispell Growth Policy 2020 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-09-4. 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. 1460) is hereby amended by designating the property described above as B-2, General Business, on approximately 1.78 acres of land. 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 take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 21ST DAY OF DECEMBER, 2009. ATTEST: Theresa White City Clerk