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09. Ordinance 1519 - Initial Zoning - City of Kalispell - 1st ReadingORDINANCE NO.1519 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 TRACTS 9AA, 9B AND 9BAA IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), 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 R4, Two Family Residential, on approximately 1.69 acres of land, and WHEREAS, the property is located on the northern terminus of Western Drive, west of 7th Avenue West and north of Sunnyside Drive, and WHEREAS, the City's petition was the subject of a report compiled by the Tri-City Planning Office, StaffReport #KA-04-17, dated November 1, 2004, in which the Tri-City Planning 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, after considering all the evidence submitted on the proposal to zone the property as described R-4, Two Family Residential, the City Council finds such initial zoning to be consistent witb 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 Coujity Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04- 17, 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-4, Two Family Residential on approximately 1.69 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 20TH DAY OF DECEMBER, 2004. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk