Ordinance 1403 - Zoning - Whitefish Stage Development227
ORDINANCE NO. 1403
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 TRACT 2 IN THE
NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 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, Whitefish Stage Development, LLC, 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, County R-1
classification, to the East by single family homes,
County R-1 classification, to the South by duplex and
single family homes, City RA-1 classification, and to the
West by single family homes, County R-1 classification,
and
WHEREAS, the petition of Whitefish Stage Development, LLC was the
subject of a report compiled by the Tri-City Planning
Office, #KA-01-6, dated October 2, 2001, 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 -County 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-01-6.
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 Tract 2 in the Northeast Quarter of Section
31 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.
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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 19TH DAY OF NOVEMBER, 2001.
ATTEST:
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eresa Whit
City Clerk
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WM.F _5 arski .4
Wm. E. Boharski
Mayor
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