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03. Ordinance 1502 - Initial Zoning - Les & Barbara Price - 1st ReadingORDINANCE NO. 1502 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 LOT IA HOLLISTER'S MERIDIAN TRACTS IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL) TO CITY B-1 (NEIGHBORHOOD BUFFER ZONE), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Les and Barbara Price, 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 B-1, Neighborhood Buffer Zone, on approximately one-half acre of land, and WHEREAS, the property is located on the west side of Meridian Road, south of Center Street, and WHEREAS, the Price petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-8, dated June 3, 2004, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Buffer Zone as requested by the petition, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Buffer Zone, 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 Countv Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04-8. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS, SECTION L 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 B-1, Neighborhood Buffer Zone, on approximately one-half acre of land. SECTION H. 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 I11. 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 OF THE CITY OF KALISPELL THIS 19TH DAY OF JULY, 2004. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk