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03. Ordinance 1302 - Zone Change - Janae Moore - 2nd ReadingORDINANCE NO. 1302 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 AS LOTS 7-12, BLOCK 233, KALISPELL 4TH ADDITION, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY (PREVIOUSLY ZONED RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Janae Moore, et al., the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to RA-3, Residential Apartment/Office, and WHEREAS, the property as described exists as property surrounded to the North by single-family homes, RA-1 Zoning, to the East by single-family homes, R-3 Zoning, to the South by single- family homes, B-2 Zoning, and to the West by single-family homes, B-2 Zoning, and WHEREAS, the petition of Janae Moore, et. al was the subject of a report compiled by the Flathead Regional Development Office, #KCZ-98-6, dated January 4, 1999, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned RA-3, Residential Apartment/Office, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report adopting the FRDO report and recommended the property as described be zoned RA-3, Residential Apartment/ Office, and WHEREAS, after considering all the evidence submitted on the proposal -to zone the property as described RA-3, Residential Apartment/Office, the City Council adopts, based upon the criterion set forth in Section 76-3-608, MCA, and ,State, Etc- v. Board o County Commi Gy, ; onP rs, Ft-c= 590 P2d 602, the findings of fact of FRDO as set forth in Report No. KCZ-98-6. 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 #1175) is hereby amended by designating the property described as Lots 7-12, Blbck 233, Kalispell 4th Addition, Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County as RA-3, Residential Apartment/Office. SECTION IT. 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 OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF , 1999. ATTEST: Theresa White Clerk of Council 2 Wm. E. Boharsk Mayor