Ordinance 1540 - Zoning - David & Beverly MosbyORDINANCE NO. 1540
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 A PORTION OF ASSESSOR'S TRACT 5Q LOCATED IN SECTION
17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-3 (URBAN
SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, David and Beverly Mosby, 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 approximately 0.45 acres of land, and
WHEREAS, the property is located on the south side of 14th Street East between 6th Avenue East and 7th
Avenue East, and
WHEREAS, the Mosby's petition was the subject of a report compiled by the Tri-City Planning Office,
Staff Report #KA-05-6, dated May 2, 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-05-6.
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 0.45 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 AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 20TH DAY OF JUNE, 2005.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk