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Ordinance 1507 - Zoning - Greg BainORDINANCE NO. 1507 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL 'ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL. PROPERTY DESCRIBED AS "TRACT 2 OF CERTIFICATE OF SURVEY NO.8076 IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO CITY B-3 (COMMUNITY BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Greg Bain & Co., the developers 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-3, Community Business, and WHEREAS, the property is located on the north side of Idaho Street and east of Seventh Avenue EN, and is the location of the Hilltop Inn, and WHEREAS, the petition of Greg Bain & Co. was the subject of a report compiled by the Tri-City Planning Office, ##KZC-04-2, dated July 6, 2004, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-3, Community 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-3, Community Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-3, Community 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 TCPO as set forth in Report No. KZC-04-2. 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. 1460) is hereby amended by designating the property described above as B-3, Community Business. SECTION 11. 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 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 16TH DAY OF AUGUST, 2004 g,---) ATTEST: Theresa White City Clerk