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Ordinance 1809 - Zone Change - Fenn WayORDINANCE NO. 1809 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 3 OF CERTIFICATE OF SURVEY 19233 AND TRACT 1 OF CERTIFICATE OF SURVEY 19582 IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, CURRENTLY ZONED COUNTY I-2 (HEAVY INDUSTRIAL) TO CITY B-1 (NEIGHBORHOOD BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Marty Crevier, the owner 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 Heavy Industrial be zoned B-1, Neighborhood Business, on approximately 10.5 acres of land; and WHEREAS, the property is located at the southern terminus of Fenn Way and western terminus of 2nd Street West; and WHEREAS, Marty Crevier's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-18-03, 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 April 10, 2018, and after considering the Staff Report #KA-18-03 as well as public comment and discussion, 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 the recommendation of the Kalispell City Planning Board to zone the property as B-1, Neighborhood Business, 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-18-03. 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. 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 21 ST DAY OF MAY, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Z ,DNA e\ 8d991111%