Ordinance 1716 - Zoning - Health Care Reit, Inc.ORDINANCE NO, 1716
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 5 OF
CERTIFICATE OF SURVEY NO.11977 LOCATED IN THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, (CURRENTLY ZONED CITY RA-1 (RESIDENTIAL APARTMENT) AND B-1
(NEIGHBORHOOD BUSINESS) TO CITY B-1 (NEIGHBORHOOD BUSINESS)) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Health Care Reit, Inc., the owner of the property described above, applied for a
conditional use permit for a 2.8 acre piece of property composed of two zoning
classifications, City RA-1 (Residential Apartment) and B-1 (Neighborhood
Business); and
WHEREAS, the property is located on the east side of Glenwood Drive approximately 250 feet
north of the intersection of Glenwood Drive and Two Mile Drive; and
WHEREAS, the zone change was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KZC-12-01, in which the Kalispell Planning Department
recommended that the entire property as described above be zoned B-1,
Neighborhood Business, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on August 14,
2012, pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the entire
property, as described, B-1, Neighborhood Business, 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 of KPD as set forth in
Staff Report No. KZC-12-01.
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. 1677) is hereby amended by designating the
entire property described above as B-1, Neighborhood Business, on
approximately 2.8 acres 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 III. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF SEPTEMBER, 2012.
Kari Gabriel
Council President
ATTEST:
Theresa White
City Clerk