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Ordinance 1791 - Zoning - RossORDINANCE NO. 1791 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS THE SOUTHERN 605 FEET OF LOT 3 AND THE NORTHERN 150 FEET OF LOT 3 OF INSTENESS SUBDIVISION IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED COUNTY R-1(RESIDENTIAL) AND CITY R-1(RESIDENTIAL) TO CITY R-4 (RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Stanley and Clarene Ross, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land, currently zoned County R-1 and City R-1, be zoned R-4, Residential, on approximately 5 acres of land; and WHEREAS, the property is located at the 500 Block of Sunnyside Drive; and WHEREAS, the Ross' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-17-02, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 9, 2017, and after considering the Staff Report #KA-17-02 as well as public comment and discussion, recommended that the zoning be City R-4, Residential, 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 R-4, Residential, the City Council finds the recommendation of the Kalispell City Planning Board to zone the property as R-4, Residential to be compatible with the existing neighborhood and 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 essential findings of fact of KPD as set forth in Staff Report No. KA-17-02. 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 R-4, Residential, on approximately 5 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 19TH DAY OF JUNE, 2017. Mark Johns Mayor ATTEST: ®�®®r►uu11i►rt/ji qg yQ o Ai ee Brunckhorst, CMCSEAL v City Clerk e92 's'/'//iiasu i n►►►e����NO