1. Ordinance 1343 - 2nd Reading - Ashley Park Phase IIIIs 2TITIRM1091
SUBJECT:
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Ordinance 1343 - 2nd Reading - Ashley Park Phase III Zoning Request
MEETING DATE: January 18, 2000
BACKGROUND: At the last meeting, Council annexed Ashley Park Phase III and gave final
plat approval to the 33-lot residential subdivision located on the west side of Airport Road and south
of Ashley Creek. At the recommendation of the Planning Board, Council also approved on first
reading Ordinance 1343 which zones the property R-4, Two Family Residential. No changes have
been made between the first and second reading.
RECOMMENDATION: The City Council approve Ordinance 1343 on second reading..
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by Council.
Respectively submitted,
Chris A. Kukulski
City Manager
Report compiled January 12, 2000
ORDINANCE NO. 1343
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), ASHLEY PARK
PHASE III (PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO
CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Somers Land Company, the owner of property described
above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be
changed to R-4, Two Family Residential, and
WHEREAS, the property as described exists as property
surrounded to the North by City R-4 Zoning (single family and
duplex residences), to the East by County R-4 Zoning (undeveloped),
to the South by County R-4 Zoning (undeveloped), and to the West by
City R-4 Zoning (single family and duplex residences), and
WHEREAS, the petition of Somers Land Company was the subject
of a report compiled by the Flathead Regional Development Office,
#KA-99-7, dated December 7, 1999, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned R-4, Two Family Residential 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 R-4, Two Family Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-4, Two Family
Residential, 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-99-7.
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 #1175) is
hereby amended by designating the property described as
Ashley Park Phase III, as R-4, Two Family Residential.
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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 DAY OF JANUARY, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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