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08. Ordinance 1619 - Initial Zoning - Ashley Heights - 1st ReadingORDINANCE NO. 1619 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 DESCRIBED AS A PORTION OF TRACT 10 LYING WITHIN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER. OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Ashley Heights, LLC, 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 zoned R-2, Single Family Residential, on approximately eight and one-half acres of land, and WHEREAS, the property is located at the western end of Bismarck Street, bordered on the north by Sunnyside Drive and on the west by the future bypass, and WHEREAS, Ashley Height's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-07-11, dated July 3, 2007, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-2, Single Family Residential zoning, and WHEREAS, the Kalispell Planning Board and zoning Commission held a public hearing on July 101 2007, and recommended that the initial zoning be City R-2, Single Family Residential, upon annexation to the City of Kalispell, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential, 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 Coun Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-07-11. 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 R-2, Single Family Residential, on approximately eight and one-half acres of land. SECTION IL 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF AUGUST, 2007. Pamela B . Kennedy Mayor ATTEST: Theresa White City Clerk