Ordinance 1906 - Zone Change - Creekside SubORDINANCE NO. 1906
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 PARCELS C AND D OF
CERTIFICATE OF SURVEY NO. 8903 IN THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-20) TO
CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Brent Holdings, LLC, the owner of the property described above, petitioned that the
zoning classification attached to the above -described tract of land be zoned R-4 on
approximately 24.51 acres of land; and
WHEREAS, the property is located at I I I I Farm to Market Road; and
WHEREAS, Brent Holdings' petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-23-02, dated March 8, 2023, 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. KA-23-02.
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 24.51 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 APRIL 2023.
ATTEST:
An
Aim e Brunckhorst, CMC
City Clerk
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Mark Johnson
Mayor