Ordinance 1852 - Zone Change - Autumn CreekORDINANCE NO. 1852
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS
6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-2
(RESIDENTIAL) TO CITY R-4 (RESIDENTIAL) IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, JAG Capital Investments, LLC, the owners of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned R-4, on approximately 8.41 acres of land; and
WHEREAS, the property is located on Hathaway Lane north of Highway 2 West; and
WHEREAS, JAG Capital Investment's petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KZC-20-02, dated December 2, 2020,
in which the Kalispell Planning Department evaluated the petition and recommended
that the property as described above be zoned R-4, Residential, as requested by the
petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Residential, the City Council finds such initial zoning to be consistent
with the Kalispell Growth Policy Plan -It 2035 and 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 KPD as set forth in Staff
Report No. KZC-20-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance (Ordinance No. 1677) is hereby amended by designating the
property described above as R-4, Residential, on approximately 8.41 acres of
land.
SECTION 2. 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 3. 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 AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 19TH DAY OF JANUARY, 2021.
Mark Johnso
ATTEST: Mayor
Aim e Brunckhorst, CMC . r� '
;'
City Clerk = C sE
s 1892