Ordinance 1412 - Zoning - Lisa WursterORDINANCE NO. 1412
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 34 AND 30XB
LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY
RESIDENTIAL) TO CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Lisa Wurster, the owner of property described above,
petitioned the City of Kalispell that the zoning
classification attached to the above described tract of
land be changed to RA-1, Low Density Residential
Apartment, and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes, City R-3 and County
R-5 classification, to the East by mobile home park, RV
park, and assisted living facility, County R - 5
classification, to the South by apartments, City RA-1
classification, and to the West by single family
residential, County R-5 classification, and
WHEREAS, the petition of Lisa Wurster was the subject of a report
compiled by the Tri-City Planning Office, #KA-02-1, dated
February 5, 2002, in which the Tri-City Planning Office
evaluated the petition and recommended that the property
as described above be zoned RA-1, Low Density Residential
Apartment as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission
adopted the TCPO report and recommended the property as
described be zoned 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 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 TCPO as set
forth in Report No. KA-02-1.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance No. 1175)
is hereby amended by designating the property described
as Assessor's Tracts 34 and 30XB located in Section 8 as
RA-1, Low Density Residential Apartment.
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 be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 18TH DXY--.QF MARCH, 2002.
Pamela B . Kdrinedy
Mayor
ATTEST:
Theresa White
City Clerk