Ordinance 1390 - Zoning - BangsORDINANCE NO. 1390
203
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 A PORTION OF ASSESSOR'S TRACT 5-3 IN SECTION 17,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT AND
COUNTY R-4, 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, Neil Bangs, 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 and undeveloped, County RA-1
classification, to the East by single family homes, County
RA-1 classification, to the South by single family homes and
undeveloped, County RA-1 classification, and to the West by
single family homes, City RA-1 classification, and
WHEREAS, the petition of Neil Bangs was the subject of a report
compiled by the Flathead Regional Development Office, #KA-01-
2, dated July 3, 2001, in which the Flathead Regional
Development 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 -County Planning Board and Zoning
Commission adopted the FRDO 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 FRDO as set forth in Report No.
KA-01-2.
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 a
portion of Assessor's Tract 5-3 in Section 17 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 2ND DAY OF AUGUST, 2001.
ATTEST:
Theresa White
City Clerk
i Im r brhrs�i - —
Wm. E, oharski
Mayor