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Ordinance 1684 - Zoning - Trinidad Holdings, LLPAN 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 LOT 5 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, RECORDS OF FLATHEAD COUNTY, MONTANA; EXCEPTING THEREFROM THE NORTHERLY 12.47 FEET WITHIN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", (PREVIOUSLY ZONED COUNTY R-1(SUBURBAN RESIDENTIAL)) TO CITY R-4 (TWO FAMILY RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Trinidad Holdings, LLP, the owners 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, Two Family Residential, on approximately 0.90 acres of land, and WHEREAS, the property is located on the on the west side of Eighth Avenue West approximately 200 feet south of the intersection of Eighth Avenue West and Tenth Street West, and WHEREAS, the petition of Trinidad Holdings, LLP, was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-10-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential, pursuant to Kalispell City Code 27.29.020, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 14, 2010, and recommended that the zoning be City R-4, Two Family Residential, pursuant to Kalispell City Code 27.29.030, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Two Family Residential, 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. KA-10-04. 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. 1677) is hereby amended by designating the property described on Exhibit "A" below as R-4, Two Family Residential, on approximately 0.90 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 1ST DAY OF NOVEMBER, 2010. Tammi Fisher Mayor ATTEST: r Theresa White City Clerk EXHIBIT A LEGAL O. TRINIDAD HOLDINGS,• A tract of land in the Northeast Quarter of the Southwest Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Lot 5 of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet.