Ordinance 1921 - FAILED - Zone Change - TronstadFAILED 4-5
06-17-24
ORDINANCE NO. 1921
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, DESCRIBED AS PARCEL 2A OF CERTIFICATE OF SURVEY NO.
21853, LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE WEST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE WEST
HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY R-2.5 (RURAL RESIDENTIAL)) TO CITY
R-3 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Frank Garner and MT Seven Properties, the owners of the property described above,
petitioned that the zoning classification attached to the above -described tract of land
be zoned R-3 on approximately 110.5 acres of land; and
WHEREAS, the property is located on the north side of Tronstad Road between Highway 93
North and Whitefish Stage Road, opposite of Sirucek Lane; and
WHEREAS, the petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-24-03, dated April 9, 2024, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-3, Residential, as requested by the petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, 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-24-03.
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-3, Residential, on approximately 110.5 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 I ST DAY OF JULY, 2024.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor