Ordinance 1534 - Zoning - Tim BirkORDINANCE NO. 1534
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 4C IN THE NORTH 1I2 OF SECTION 11,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tim Birk, 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-3,
Urban Single Family Residential, on approximately 51 acres of land, and
WHEREAS, the property is located on the south side of Three Mile Drive, east of West Spring Creek
Road, and
WHEREAS, Birk's petition was the subject of a report compiled by the Tri-City Planning Office, Staff
Report #KA-05-4, dated April 5, 2005, 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 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, 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-05-4.
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
approximately 51 acres of land.
SECTION 11. 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
CITY OF KALISPELL THIS 16TH DAY OF MAY, 200
ATTEST:
BY THE MAYOR OF THE
Pamela B. Kennedy
Mayor
Theresa White
City Clerk