Ordinance 1893 - Zone Change - Scholer and RussellORDINANCE NO. 1893
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTIES, MORE PARTICULARLY DESCRIBED AS TRACT B OF
CERTIFICATE OF SURVEY NO.3027, A TRACT OF LAND SITUATED, LYING, AND
BEING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, AND ASSESSORS TRACT 2FB, BEING A PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY R-1) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Loucas Scholer and Sarah Russell, the owners of the properties described above,
petitioned the City of Kalispell that the zoning classification attached to the above -
described tracts of land be zoned R-4 on approximately 0.93 acres of land; and
WHEREAS, the properties are located at 2150 and 2152 Airport Road; and
WHEREAS, Scholer's and Russell's petitions were the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-22-07, dated September 7, 2022,
in which the Kalispell Planning Department evaluated the petition and recommended
that the properties as described above be zoned R-4, Residential, as requested by the
petitions; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the properties 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. KA-22-07.
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
properties described above as R-4, Residential, on approximately 0.93 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 17TH DAY OF OCTOBER 2022.
ATTEST:
Ai e Brunckhorst, C
City Clerk
Mark Johnson
Mayor