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5. Ordinance 1637 - Initial Zoning - Wayne Grilley - 1st ReadingORDINANCE NO, 1637 AN ORDINANCE TO AMEND SECTION 27.02,010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 5AA AND 5G LOCATED IN SECTION 28, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATI4EAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1 (SUBURBAN RESIDEN'T`IAL) TO CITE' B-2 (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Wayne Crilley, the owner 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 W 2, General Business, on approximately 1 acre of land, and WHEREAS, the property is located on the east side of Willow Glen Drive just north of the intersection with US Highway 93 South, and WHEREAS, the petition of Wayne Crilley was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-1, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 8, 2008, and recommended that the zoning be City B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General 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 Count Commissioners Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA--08-1. 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 No. 1460) is hereby amended by designating the property described above as B -2, General Business on approximately 1 acre of land. 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 take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA., THIS I9TH DAY OF MAY, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clem