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Ordinance 1805 - Zone Change - Crossings at Spring CreekORDINANCE NO. 1805 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 1 OF CERTIFICATE OF SURVEY #20690 IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, CURRENTLY ZONED COUNTY R-1(SUBURBAN RESIDENTIAL) TO CITY RA-2 (RESIDENTIAL APARTMENT/OFFICE) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Brytech Construction, LLC, representing 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 R-1, County Residential, be zoned City RA-2, Residential Apartment/Office, on 15 acres of land; and WHEREAS, the property is located immediately west of Glacier Street, Yellowstone Street and Teton Street; and WHEREAS, Brytech Construction's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-17-06, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-2, Residential Apartment/Office, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on December 12, 2017 and continued the public hearing until January 9, 2018, and after considering the Staff Report #KA-17-06 as well as public comment and discussion, recommended that the zoning be City RA-2, Residential Apartment/Office, 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 RA-2, Residential Apartment/Office, the City Council finds the recommendation of the Kalispell City Planning Board to zone the property as RA-2, Residential Apartment/Office, to be compatible to the existing neighborhood and 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 essential findings of fact of KPD as set forth in Staff Report No. KA-17-06. 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 RA-2, Residential Apartment/Office. 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 MARCH, 2018. Mark Jo so Mayor ATTEST: r Aimbe Brunckhorst, CMC 0,{�'�° City Clerk° SEAL _ 1892