Ordinance 1913 - Zone Change - Lupine MeadowsORDINANCE NO.1913
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 PARCEL 1 OF
CERTIFICATE OF SURVEY NUMBER 16631, A TRACT OF LAND SITUATED, LYING,
AND BEING IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
LESS AND EXCEPTING THEREFROM THAT PARCEL CONVEYED IN BARGAIN AND
SALE DEED TO THE MONTANA DEPARTMENT OF TRANSPORTATION, RECORDED
MAY 19, 2009, AS DOCUMENT NO.200900014122, RECORDS OF FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY R-1) TO CITY R4 (RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, 40 Valley View, LLC, the owners of the property described above, petitioned that the
zoning classification attached to the above -described tract of land be zoned R-4 on
approximately 4.57 acres of land; and
WHEREAS, the property is located at 40 Valley View Drive; and
WHEREAS, 40 Valley View's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-23-05, dated August 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-23-05.
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 4.57 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 18TH DAY OF SEPTEMBER, 2023.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
L�,— C--
Mark Johnso
Mayor