Ordinance 1408 - Zoning - Health Department232
ORDINANCE NO. 1408
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 LOT 13 THROUGH 24, BLOCK 132, KALISPELL ORIGINAL
TOWNSITE IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-4, TWO FAMILY
RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, the Flathead City -County Health Department, 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 R-5,
Residential/Professional Office, and
WHEREAS, the property as described exists as property surrounded to
the North by office buildings, P-1 classification, to the
East by County Justice Center parking lot, R-5
classification, to the South by single family homes, R-4
classification, and to the West by single family homes, R-4
classification, and
WHEREAS, the petition of the City -County Health Department was the
subject of a report compiled by the Tri-City Planning Office,
##KZC-01-3, dated October 2, 2001, in which the Tri-City
Planning Office evaluated the petition and recommended that
the property as described above be zoned R-5,
Residential/Professional Office 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 R-5, Residential/ Professional
Office, and
WHEREAS, after considering all the evidence submitted on the proposal
to zone the property as described R-5,
Residential/Professional 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 TCPO as set forth
in Report No. KZC-01-3.
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 Lot
13 through 24, Block 132, Kalispell Original Townsite in
Section 18 as R-5, Residential/Professional 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.
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:
Theresa White
City Clerk
0
Wm. E. Boharski
Mayor