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13. Ordinance 1521 - Initial Zoning - City of Kalispell - 1st ReadingORDINANCE NO. 1521 AN ORDINANCE TO AMEND SECTION 27.02,010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT SY IN SECTIONIS, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL) TO CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell, the owner of the property described above, petitioned that the zoning classification attached to the above described tract of land be zoned City P-1, Public, on approximately 3.23 acres of land, and WHEREAS, the property is located south of Rawson Field and west of First Avenue West, and WHEREAS, the City's petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-16, dated November 1, 2004, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned P-1, Public, as requested by the petition, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 9, 2004, and recommended that the initial zoning be City RA-1, Low Density Residential Apartment, upon annexation to the City of Kalispell, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-1, Low Density Residential Apartment, 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 County Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04-16. 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 RA-1, Low Density Residential Apartment on approximately 8,23 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 20TH DAY OF DECEMBER, 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor