Ordinance 1469 - Zoning - Empire EstatesORDINANCE NO. 1469
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS EMPIRE ESTATES ADDITION NO. 330 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 1, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-2, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wayne E. Turner, the owner of the property described on Exhibit "A", petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned R-4, Two Family Residential, upon annexation, and
WHEREAS, the property is located at the northeast corner of Stillwater Road and Three Mile
Drive, and
WHEREAS, the petition of Wayne E. Turner was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-11, dated June 2, 2003, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned R-4, Two Family Residential, as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-4, Two Family Residential,
and
"WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family Residential, the City Council finds such initial zoning to
be consistent with the Kalispell Growth Policy 2020 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 TCPO as set forth in Report
No. KA-03-11.
NOW THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1460) is hereby amended by
designating the property described on Exhibit "A" as R-4, Two
Family Residential, upon annexation.
SECTION II. 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 HI. 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 OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 21 ST DAY OF
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Turner Annexation Legal Description
Property can be described as being the West Half of the Southwest quarter of Section 1, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana. Subject to and together with a 60'
County road known as Stillwater Road.