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03. Ordinance 1510 - Initial Zoning - Heuscher - Stillwater Bluffs - 1st ReadingORDINANCE NO. 1510 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 5H AND 51 A IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3 AND CITY R-4 (SINGLE AND TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Larry and Sandy Heuscher, 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 R-3, Single Family Residential, on approximately 2.75 acres of land, and City R-4, Two Family Residential, on approximately 9.25 acres of land, and WHEREAS, the property is located on the east side of Country Way South between Granrud Lane and Country Way, and WHEREAS, the Heuscher's petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-9, dated August 2, 2004, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R--3, Single Family Residential and 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-3, Single Family Residential and 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 of TCPO as set forth in Staff Report No. KA-04-9. 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-3, Single Family Residential on approximately 2.75 of land, and R-4, Two Family Residential on approximately 9.25 acres of land. SECTION If. 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 SEPTEMBER, 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor