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2. Ordinance 1440 - Initial Zoning - Village Greens Phase XII - 1st ReadingORDINANCE NO. 1440 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS GLACIER VILLAGE GREENS PHASE XH LOCATED IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO- FAMILY RESIDENTIAL) TO CITY R-4 (TWO-FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Owl Corporation, 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 upon annexation, and WHEREAS, the property as described exists as property surrounded by primarily single family homes and duplex townhomes, and WHEREAS, the petition of Owl Corporation was the subject of a report compiled by the Tri-City Planning Office, #KA-02-11, dated November 4, 2002, 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, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R-4, Two -Family Residential, 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 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 Report No. KA-02-11. 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 Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended by designating the property described as a portion of Assessor's Tract 2A+ located in Section 32 as R-4, Two -Family Residential upon annexation. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Interim Zoning Ordinance not amended hereby shall remain in full force and effect. \ord\zone change\1440 glacier village greens XII.wpd 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 AND SIGNED BY THE MAYOR THIS 1 STH DAY OF NOVEMBER, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk \ord\zone change\1440 glacier village greens XII.wpd