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2. Ordinance 1490 - Initial Zoning - Ken Kramer - 1st ReadingORDINANCE NO. 1490 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 SZA AND A PORTION OF ASSESSOR'S TRACT 5-15 LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-41 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, Ken Kramer, 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 RA-1, Low Density Residential Apartment on approximately 1.17 acres of land, and WHEREAS, the property is located on the east side of Fifth Avenue East near the 1700 block, and WHEREAS, the petition of Ken Kramer was the subject of a report compiled by the Tri-City Planning Office, #KA-03-21, dated December 1, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned RA-1, Low Density Residential Apartment, as requested by the petition, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned RA-1, Low Density Residential Apartment, 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 Report No. KA-03-21. 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 1.17 acres. 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 thif-ty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS STH DAY OF JANUARY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk