Ordinance 1438 - Zoning - DueflerORDINANCE NO.1438
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING REAL
PROPERTY DESCRIBED AS A PORTION OF LOT 20, BLOCK 1, NORTHWEST TRACTS
LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL)
TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE
CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Roy, Amanda and Michaeli Dueller, the owners of property described above,
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 City P-1
Zoning (office/warehouse for CenturyTel), to the East by City I-1 and RA-1 Zoning
(UPS and a single family home), to the South by City B-1 Zoning (offices), and to
the West by City R-5 Zoning (residences and office), and
WHEREAS, the petition of Roy, Amanda and Michaeli Duefler was the subject of a report
compiled by the Tri-City Planning Office, #KZC-02-2, dated August 1, 2002, in
which the Tri-City Planning Office evaluated the petition and recommended denial
of the requested zone change, and that the property as described above instead be
zoned R-5, Residential/Professional Office, and
WHEREAS, the Kalispell City 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-02-2.
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 #1175) is hereby amended by designating the property
described above 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 16TH DAY OF SEPTEMBER, 2002.
Pamela B. Kenned
Mayor
ATTEST:
Theresa White
City Clerk