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Ordinance 1795 - Zoning - B-3 Core Area Phase 2ORDINANCE NO. 1795 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 AN AREA BOUNDED ON THE NORTH BY THE CENTER LINE OF U.S. HWY 2 (IDAHO STREET), ON THE WEST BY THE CENTERLINE OF 3RD AVENUE EAST NORTH, ON THE SOUTH BY THE CENTER LINE OF CENTER STREET BETWEEN 3RD AND 4TH AVENUE EAST NORTH AND THEN THE SOUTH SIDE OF THE BNSF RAILROAD RIGHT OF WAY FROM 4TH AVENUE EAST NORTH EASTERLY TO ITS INTERSECTION WITH THE EASTERLY END OF THE CITY LIMITS ALONG THE RAILROAD TRACKS, LOCATED WITHIN SECTION 7 AND SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the Planning Department is requesting that the zoning classifications attached to the above described tracts of land, currently zoned either B-2, General Business; B-4, Central Business; or I-1, Light Industrial, be zoned B-3, Core Area Business; and WHEREAS, the properties are generally bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF Railroad right of way from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks; and WHEREAS, the Planning Department prepared a report, Staff Report #KZC-16-04, and recommended that the properties as described above be zoned B-3, Core Area Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 10, 2017, and recommended that the zoning be City B-3, Core Area Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as described B-3, Core Area Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy -- Plan It 2035 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-16-04. 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 properties described above as B-3, Core Area Business, on those properties generally bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF Railroad right of way from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks 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 21ST DAY OF AUGUST, 2017. Mark John n Mayor ATTEST: 0\%k 11 t W i t!>1,f� Aim e Brunckhorst, Cl City Clerk m 8� 16Eililili