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04. Ordinance 1317 - Initial Zoning - Berger - 1st ReadingORDINANCE NO. 1317 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 THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN -ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN,. AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS,` David and Deanne Berger, 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 R-4, Two Family Residential, and WHEREAS, the property as described exists as property surrounded to the North by County R-1 Zoning (100 year floodplain), to the East by County R-1 Zoning (undeveloped), to the South by City R-4 Zoning (Single family homes), and to the West by County R- 1 Zoning (undeveloped), and WHEREAS, the petition of David and Deanne Berger was the subject of a report compiled by the Flathead Regional Development Office, #KA-99-4, dated June 1, 1999, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned R-4, Two Family Residential, 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 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 FRDO as set forth in Report No. KA-99-4. 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 in H:\attsect\wp\ord\131? Berger zc.wpd 1 Exhibit "A", attached hereto and made a part hereof as R- 4, Two Family Residential. 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 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 JULY, 1999. Wm. E. Boharski Mayor ATTEST: Theresa white City Clerk H:\attsect\wp\ord\1317 berger zc.wpd 2