Ordinance 1493 - Zoning - Gardner Investments - Terrace View EstatesORDINANCE NO. 1493
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 ASSESSOR'S TRACT 23A+ LOCATED IN SECTION
8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3
(URBAN SINGLE FAMILY RESIDENTIAL) AND P-1 (PUBLIC), IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
"WHEREAS, Gardner Investments, LLC and Duo Corp Construction, the owners 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-3, Urban Single Family
Residential on 1.607 acres of land and P-1, Public on approximately 6.824 acres of
land, and
WHEREAS, the property is located on the north side of California Street between Fifth Avenue
East North and Sixth Avenue East North, and
WHEREAS, the petition of Gardner Investments and Duo Corp was the subject of a report
compiled by the Tri-City Planning Office, Amended Staff Report #KA-03-20, dated
February 4, 2004, in which the Tri-City Planning Office evaluated the petition and
recommended that the property as described above be zoned R-3, Urban Single
Family Residential and 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 R-3, Urban Single Family Residential and P-1, Public, 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 ofTCPO
as set forth in Amended Staff Report No. KA-03-20,
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 above as R-3, Urban Single
Family Residential on 1.607 acres and P-1, Public, on approximately
6.824 acres.
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 i 5TH DAY OF MARCH, 2004.
Pamela B. Kenne
Mayor
ATTEST:
Theresa White
City Clerk