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11. Ordinance 1498 - Initial Zoning - Debbie WillisORDINANCE NO. 1498 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 TRACT A IN LOT 5 OF SUNNYSIDE PARK IN SECTION 18, TOWNSHIP 28 NORTH, RANGE21 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, Debbie Willis, 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 R-4, Two Family Residential, on one and one-half acres of land, and WHEREAS, the property is located on the north side of Sunnyside Drive near the intersection of Denver Avenue, and WHEREAS, the Willis petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-4, dated April 6, 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 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 ofTCPO as set forth in Staff Report No. KA-04-4. 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 one and one-half acres of land. SECTION 1I. 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 OF THE CITY OF KALISPELL THIS 17TH DAY OF MAY, 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor