Ordinance 1482 - REMOVED AT REQUEST OF APPLICANT - Zoning - Nolan Holdings1016103 REMOVED FROM AGENDA
AT THE REQUEST OF APPLICANT
ORDINANCE NO. 1482
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 NOLAN ADDITION NO. 336 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 SAG-10, SUBURBAN AGRICULTURE) TO CITY R4 (TWO FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Nolan Holdings, LLC, 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 in the southwest corner of the intersection of US 93 North and
Four Mile Drive, and
WHEREAS, the petition of Nolan Holdings, LLC was the subject of a report compiled by the Tri-
City Planning Office, #KA-03-16, dated August 29, 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-I6.
NOW THEREFORE, BE IT 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 H. 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 III. 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 20TH DAY OF OCTOBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa. White
City Clerk
EXHIBIT A
NOLAN HOLDINGS LLC - #KA-03-16
LEGAL DESCRIPTION FOR ANNEXATION AND R-4 ZONING
Tract A of COS# 7966 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana and including that portion of 4-Mile Drive that abuts Tract A extending to
the centerline of the R/W of Four Mile Drive.