06. Ordinance 1371 - Initial Zoning for DiVita Annexation - 1st ReadingAN ORDINANCE To AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT -A" (PREVIOUSLY ZONED
COUNTY B-1, NEIGHBORHOOD/PROFESSIONAL BUSINESS) TO CITY B-1
(NEIGHBORHOOD BUFFER DISTRICT), IN ACCORDANCE WITH THE CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Frank DiVita, the owner of property described in Exhibit
"A", petitioned the City of Kalispell that the zoning
classification attached to the above described tract of
land be changed to B-1, Neighborhood Buffer District, and
WHEREAS, the property as described exists as property surrounded
to the North by Conrad Complex ballfields, County R-2
classification, to the East by single family homes,
County R-5 classification, to the South by mini storage
and offices, County B-1 classification, and to the West
by Woodland Park, City P-1 classification, and
WHEREAS, the petition of Frank DiVita was the subject of a report
compiled by the Flathead Regional Development Office,
#KA-00-9, dated October 2, 2000, in which the Flathead
Regional Development Office evaluated the petition and
recommended that the property as described above be zoned
B-1, Neighborhood Buffer District as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the
property as described be zoned B-1, Neighborhood Buffer
District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-1,
Neighborhood Buffer District, the City Council 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 FRDO as set
forth in Report No. KA-00-9.
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. 1175)
is hereby amended by designating the property described
in Exhibit "A" as B-1, Neighborhood Buffer District.
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 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 20TH DAY OF NOVEMBER, 2000.
Wm. E. Boharski
Mayor
F-INNwaRw
Theresa White
City Clerk
EXHIBIT A
FRANK DIVITA ANNEXATION AND INITUL ZONING
LEGAL DESCRIPTION
Lot 8 of Block 1 of the PHILLIPS ADDMON TO KALISPELL, according to the map or plat thereof
on Me _ • of record in the office of the Clerk• Recorder of Flathead County,•