Ordinance 1497 - Zoning - Robert Lance & Kathryn PostenORDINANCE NO. 1497
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 THE ABANDONED PORTION OF KINSHELLA AVENUE
ADJACENT TO AND WEST OF LOT 5 OF LIBERTY VILLAGE IN SECTION 12, TOWNSHIP
28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY RA-1 (LOW DENSITY
RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Robert Lance and Kathryn Posten, 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 RA-1, Low Density Residential Apartment, on 5,000 square feet of land,
and
WHEREAS, the property is located on the north side of Liberty Street at its western terminus, and
WHEREAS, the Lance/Posten petition was the subject of a report compiled by the Tri-City Planning
Office, Staff Report #KA-04-3, dated April 6, 2004, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above be
zoned RA-1, Low Density Residential Apartment as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-1, Low Density Residential Apartment, 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 Staff
Report No. KA-04-3.
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 RA-1, Low Density Residential Apartment
on 5,000 square feet of land.
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
DAY OF MAY, 2004.
Pamela B.
ATTEST: Mayor
3heresa White
City Clerk
CITY OF KALISPELL THIS 17TH