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06. Ordinance 1299 - American Land & Development Zoning - 2nd ReadingORDINANCE NO. 1299 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT A(PREVIOUSLY ZONED COUNTY R-3, ONE FAMILY RESIDENTIAL), CITY R-2, RESIDENTIAL, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, American Land & Development Inc., the owner of property described in Exhibit A, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to City R-2, Residential, and WHEREAS, the property as described exists as property surrounded to the North by Suburban Residential, County R-2 classification, to the East by Leisure Subdivision, Suburban Residential, County R-2, to the South by County Shops Complex, County P-1, and to the West by Meadow Park and Greenacres, Urban/Suburban Residential, County R-5 and R-2 classification, and WHEREAS, the petition of American Land & Development Inc. was the subject of a report compiled by the Flathead Regional Development Office, #KA-98-7, dated November 30, 1998, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned City R-2, Residential, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending the property as described be zoned City R-2, Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described City R-2, Residential, the City Council adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc- v. Board of County Commi si on _rs, Etc 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KA-98-7. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: sw-TION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby amended by designating the property described in Exhibit A, as City R-2, Residential. SECTION II. The balance of Section 27.02.010, Official toning 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. j:wp/ord/Amerland 1 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF , 1999. Wm. E. Boharski, Mayor ATTEST: Theresa White Clerk of Council j:wp/ord/Amerland 2 EXHIBIT A American Land & Development Inc. Annexation and Zone Change Commencing at the Northwest comer of Section 21, T28, R21 W, P.M.M., Flathead County, Montana; Thence South 0°09'00" East along the West boundary of Section 21, 1324.75 feet; Thence North 89052'32" East 30.00 feet to the True Point Of Beginning; - Thence South 0009'00" East 1217.30 feet; Thence North 89153'27" East 152.00 feet; Thence South 0009'00" East 107.00 feet; Thence North 89053'27" East 1140.03 feet; Thence North 0008'52" West 668.74 feet; Thence South 89052'32" West 758.00 feet; Thence North 0108'51" West 574.98 feet; Thence South 89052'32" West 534.08 feet to the True Point of Beginning Said described parcel containing 28.91 acres 5