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Ordinance 1730 - Zone Change - Cooke ThompsonORDINANCE NO.1730 AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOTS 18 AND 19 OF BLOCK 1 OF NORTHWEST TRACTS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED R-4 (RESIDENTIAL) TO B-1 (NEIGHBORHOOD BUSINESS)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Cooke Thompson, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned City R-4, Residential, be zoned B-1, Neighborhood Business, on approximately 1.8 acres of land; and WHEREAS, the property is located on the west side of Meridian Road, halfway between Three Mile Drive and US Highway 93; and WHEREAS, the petition of Cooke Thompson was the subject of a report compiled by the Kalispell Planning Department, Staff Report #YZC-13-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on August 13, 2013, and recommended that the zoning be City B-1, Neighborhood Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, the City Council finds such 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 KPD as set forth in Staff Report No. KZC-13-01. Now THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as B-1, Neighborhood Business, on approximately 1.8 acres of land. SECTION 2. 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 3. This ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 16TH DAY OF SEPTEMBER, 2013. ATTEST: Theresa White City Clerk