Ordinance 1653 - Zoning - New Vistas Assisted LivingORDINANCE NO.1653
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 4
AND 4BB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R.-1(SUBURBAN
RESIDENTIAL)) TO CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE,
WHEREAS, New Vistas Assisted Living 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 be zoned RA.-1, Low Density Residential Apartment, on
approximately 10.2 acres of land, and
WHEREAS, the property is located on the south side of Three Mile Drive, 100 feet west of the
intersection with Three Mile Drive and North Riding Road, and
WHEREAS, the petition of New Vistas Assisted Living LLC was the subject of a report compiled
by the Kalispell Planning Department, Staff Report #KA.-08-7, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned RA-1, Low Density Residential Apartment, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on December
% 2008, and recommended that the zoning be City RA-1, Low Density Residential
Apartment, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-1, Low Density Residential Apartment, 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-08-7.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SEC'T'ION I. Section 27.02.010, of the official zoning Map of the Kalispell zoning
Ordinance, (ordinance No. 1460) is hereby amended by designating the
property described above as RA-1, Low Density Residential Apartment on
approximately 10.2 acres of land.
SECTION II. 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 III. 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 20TH DAY OF JANUARY, 2009.
amela B. Kenne
Mayor
ATTEST:
.. ........... . . .. .. ... ...
Theresa White
City Clerk