Ordinance 1409 - Zoning - Flathead Valley Orthopedic Profit ShareORDINANCE NO. 1409
233
AN ORDINANCE TO AMEND SECTION 27.02.010.;,,OF'FICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS LOT 5 OF HALL ADDITION #82 IN SECTION 6,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED CITY B-1, NEIGHBORHOOD BUFFER DISTRICT) TO CITY B-2
(GENERAL BUSINESS DISTRICT), IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Flathead Valley Orthopedic Profit Share, the owner of
property described as Lot 5 of Hall Addition #82, 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 an auto repair shop and undeveloped, B-2 and
RA-1 classification, to the East by Highway 93 and a church,
H-1 classification, to the South by residences, RA-1
classification, and to the West by offices and residences,
P-1 and R-4 classification, and
WHEREAS, the petition of Flathead Valley Orthopedic Profit Share was
the subject of a report compiled by the Tri-City Planning
Office, 4KZC-01-4, dated November 6, 2001, in which the Tri-
City Planning Office evaluated the petition and recommended
that the property as described above be zoned B-2, General
Business District as requested by the'petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the TCPQ report and recommended the
property as described be zoned B-2, General Business
District, and
WHEREAS, after considering all the evidence submitted on the proposal
to zone the property as described B-2, General Business
District, 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-
4.
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
5 of Hall Addition #82 as B-2, General Business District.
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 17TH DAY OF DECEMBER, 2001.
WM - E - Birski a
Wm. E. Boharski
ATTEST: Mayor
Theresa White
City Clerk