Ordinance 1491 - FAILED - Zoning Request - Roman Catholic ChurchFAILED ON I ST READING 02/02/04
ORDINANCE NO. 1.491
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 29 8TH STREET EAST IN KALISPELL, FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED CITY R4, TWO FAMILY RESIDENTIAL)
TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the Roman Catholic Bishop of Helena, the owner of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned R-5, Residential/Professional Office on
approximately 3,552 square feet of land, and
WHEREAS, the property is located on the north side of Eighth Street East between First Avenue
East and Main Street, and
WHEREAS, the petition of the Roman Catholic Bishop of Helena was the subject of a report
compiled by the Tri-City Planning Office, #KZC-03-5, dated January 5, 2004, in
which the Tri-City Planning Office evaluated the petition and recommended that the
zone change request for the property described above be denied, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-5, Residential/Professional Office, the City Council finds such 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 ofTCPO as set forth in Report
No. KZC-03-5.
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. 1460) is hereby amended by
designating the property described above as R-5, Residential/
Professional Office on approximately 3,552 square feet of land.
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 111. 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 DAY OF , 2004.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk