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Ordinance 1776 - Zoning - EisingerORDINANCE NO.1776 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 TRACT 2 OF CERTIFICATE OF SURVEY 19815 OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Eisinger Properties, LLC, 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 County R-1, Suburban Residential, be zoned B-2, General Business, on approximately 4.45 acres of land; and WHEREAS, the property is located at 837 West Reserve Drive, approximately 1/4 mile east of U.S. 93 North; and WHEREAS, Eisinger Properties, LLC's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-16-02, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 12, 2016, and recommended that the zoning be City B-2, General 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-2, General 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. KA-16-02. 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 B-2, General Business, on approximately 4.45 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 DAY OF , 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk