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Ordinance 1539 - Zoning - Three Mile Professional LLCORDINANCE NO. t539 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 LOTS to AND 2A OF THREE MILE DRIVE CORNER OF THE AMENDED PLAT OF NORTHWEST TRACTS AND LOT 1 OF THREE MILE DRIVE CORNER IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-5, RESIDENTIAL/ PROFESSIONAL OFFICE) TO CITY B-1 (NEIGHBORHOOD BUFFER DISTRICT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Three Mile Professional, LLC; Point Professional Building, LLC; and JC Family Partners, 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 rezoned B-1, Neighborhood Buffer District, and WHEREAS, the property is located on the northwest corner of Three Mile Drive and North Meridian Road, and WHEREAS, the petition of Three Mile Professional, LLC, et al. was the subject of a report compiled by the Tri-City Planning Office, #KZC-05-2, dated April 12, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Buffer District, 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-1, Neighborhood Buffer District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Buffer District, 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-05-2. 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-1, Neighborhood Buffer District. 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 111. This Ordinance shall be effective thirty (30) days from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF JUNE, 2005. ATTEST: Theresa White City Clerk