Ordinance 1391 - FAILED ON 2ND READING - Zoning - Mohrenweiser204 09/17/2001: Failed on 2nd
ORDINANCE NO. 1391 Reading
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 6B AND 6BSAAA
IN GOVERNMENT LOT 1, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3,
RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN
ACCORDANCE_ WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Richard and Judith Mohrenweiser, the owners of property
described above, petitioned the City of Kalispell that
the zoning classification attached to the above described
tracts of land be changed to RA-3, Residential
Apartment/Office, and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes and small business,
R-3 classification, to the East by Hwy. 93, church,
single family homes, R-3 and H-1 classifications, to the
South by single family homes, R-4 classification, and to
the West by single family homes and offices, R-3 and R-5
classification, and
WHEREAS, the petition of Richard and Judith Mohrenweiser was the
subject of a report compiled by the Flathead Regional
Development Office, #KZC-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-3, Residential Apartment/
Office 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-3, Residential
Apartment/Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described RA-3,
Residential Apartment/Office, 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. KZC-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 Assessor's Tracts 6B and 6BSAAA in Government Lot 1,
Section 7 as RA-3, Residential Apartment/Office.
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.
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SECTION III. This Ordinance shall be effective thirty
205
(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.
Wm . E . 56Na1fsX
Mayor
ATTEST:
Theresa White
City Clerk
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