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08. Ordinance 1596 - Initial Zoning - Owl Corporation - 1st ReadingORDINANCE NO. 1596 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 THE NORTH HALF OF ASSESSOR'S TRACT 5, LOCATED IN SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Owl Corporation, 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 R-3, Urban Single Family Residential, on approximately 58.5 acres of land, and WHEREAS, the property is located approximately 2,000 feet north of the intersection of Stillwater Road and West Reserve Drive, and WHEREAS, owl Corporation's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-06-12, dated October 31, 2006, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-3, Urban Single Family Residential, as requested by the petition, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Urban Single Family Residential, the City Council finds such initial 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. 5 90 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-06w 12. 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-3, Urban Single Family Residential, on approximately 5 8.5 acres 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 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 18TH DAY OF DECEMBER, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor