Ordinance 1428 - Zoning - Anthony LupoORDINANCE NO. 1428
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 LOTS 1 THROUGH 7, BLOCK 1, RYKER
ADDITION LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW
DENSITY RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Anthony Lupo, 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 B-2, General Business, and
WHEREAS, the property as described exists as property surrounded
to the North by multifamily and single family dwellings,
City B-2 and RA-1 classification, to the East by
residential, City RA-1 classification, to the South by
undeveloped and Ace Hardware, City B-2 classification,
and to the West by Outlaw Inn, City B-2 classification,
and
WHEREAS, the petition of Anthony Lupo was the subject of a report
compiled by the Tri-City Planning Office, #KA-02-1, dated
June 4, 2002, in which the Tri-City Planning Office
evaluated the petition and recommended that the property
as described above be zoned B-2, General Business 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 B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-2, General
Business, 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 Lots 1 through 7, Block 1, Ryker Addition in Section
17 as B-2, General Business.
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 15TH DAB JULY, 2002.
ATTEST:
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Theresa White
City Clerk