Ordinance 1944 - Zone Change - Ashley Creek Park (Fen Way)ORDINANCE NO.1944
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 TRACT 3 OF CERTIFICATE OF SURVEY NO.19233
AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 19582, BOTH SITUATED, LYING
AND BEING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
CONTAINING APPROXIMATELY 10.55 ACRES, SUBJECT TO ANY EASEMENTS,
COVENANTS, CONDITIONS, RESTRICTIONS, OR AGREEMENTS OF RECORD
(PREVIOUSLY ZONED CITY B-1 (NEIGHBORHOOD BUSINESS)) TO CITY P-1
(PUBLIC)), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT
2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Bibler Resources Company and the City of Kalispell, the applicants for the property
described above, petitioned that the zoning classification attached to the above -
described tract of land be zoned P-1 on approximately 10.55 acres of land; and
WHEREAS, the property is located at 301 Fen Way; and
WHEREAS, the petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KZC-25-01, dated August 12, 2025, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned P-1, Public, as requested by the petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described P-1, Public, the City Council finds such initial zoning to be consistent with
the Kalispell Growth Policy Plan-lt 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. KZD-25-01.
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 P-1, Public, on approximately 10.55 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 15TH DAY OF SEPTEMBER 2025.
Mark Johns n
Mayor
ATTEST:
Ai e Brunckhorst, CMC
City Clerk