Ordinance 1916 - Zone Change - Dusty AcresORDINANCE NO. 1916
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 BEING LOCATED ON
THE WEST SIDE OF HIGHWAY 93 NORTH TO THE SOUTH OF HAGERMAN LANE
AND ADJACENT TO THE CITY LIMITS ON THE SOUTH AND WEST SIDES OF THE
PROPERTY, INCLUDING, BUT NOT LIMITED TO, PROPERTY ADDRESSED AS 170,
180, 190, AND 200 HAGERMAN LANE AND ALSO INCLUDING PROPERTY ON THE
EAST SIDE OF HIGHWAY 93 NORTH GENERALLY BETWEEN HAGERMAN LANE TO
APPROXIMATELY 200 FEET NORTH OF PONDEROSA LANE, INCLUDING, BUT NOT
LIMITED TO, PROPERTY ADDRESSED AS 3327 HIGHWAY 93 NORTH, AND AS
FURTHER DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY SAG-10
(SUBURBAN AGRICULTURAL), B-2/HO (GENERAL BUSINESS/HIGHWAY OVERLAY),
AND B-3/110 (COMMUNITY BUSINESS/HIGHWAY OVERLAY)) TO CITY R-4
(RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN
— IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Dusty Acres, 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 51.8 acres of land; and
WHEREAS, the property is located generally on the west side of Highway 93 North to the south
of Hagerman Lane and adjacent to the city limits on the south and west sides of the
property, including, but not limited to, property addressed as 170, 180, 190, and 200
Hagerman Lane and also includes property on the east side of Highway 93 North
generally between Hagerman Lane to approximately 200 feet north of Ponderosa
Lane, including, but not limited to, property addressed as 3327 Highway 93 North;
and
WHEREAS, Dusty Acres' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-23-07, dated November 14, 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-23-07.
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
property described above as R-4, Residential, on approximately 51.8 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 DECEMBER, 2023.
ATTEST:
Mark John n
Mayor
OF
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Aim e Brunckhorst CMC ' �' • SEA
City Clerk = U1892 ►rn' �
ONTP�P•:
EXHIBIT A �, • '••••
Tracts 1, 2, & 3 of COS 17893 in the SE1/4 SE1/4 of Section 13, Township 29 North, Range 22
West, P.M.M., Flathead County, Montana; and Parcel A of COS 8268 in the SE1/4 SE1/4 of
Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; and Parcel
B of COS 8268 in the SE1/4 SE1/4 of Section 13, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana; and Tract 1 of revised Certificate of Survey No. 1633, located in
Government Lot 4 of Section 18, Township 29 North, Range 21 West, P.M.M. Flathead County,
Montana; and Parcel 1 of COS 9143, situated, lying and being in Government Lot 4 of Section
18, Township 29 North, Range 21 West, P.M.M., Flathead County, MT; and Tract 1 and 2 of
Certificate of Survey No. 9067 situate, lying and being in Government Lot 1 of Section 19,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; and Tracts 1 and 2 of
Certificate of Survey No. 9073 situate, lying and being in Government Lot 1 of Section 19,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The area to be annexed
includes adjacent rights -of -way.