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09. Ordinance 1497 - Initial Zoning - Lance & Posten - 1st ReadingORDINANCE NO. 1497 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 THE ABANDONED PORTION OF KINSHELLA AVENUE ADJACENT TO AND WEST OF LOT 5 OF LIBERTY VILLAGE IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTYR-1, SUBURBAN RESIDENTIAL) TO CITY RA -I (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Robert Lance and Kathryn Posten, 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 RA-1, Low Density Residential Apartment, on 5,000 square feet of land, and WHEREAS, the property is located on the north side of Liberty Street at its western terminus, and WHEREAS, the Lance/Posten petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-3, dated April 6, 2004, 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, 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-04-3. 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 5,000 square feet 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 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 17TH DAY OF MAY 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor