03. Ordinance 1302 - Zone Change - Janae Moore - 2nd ReadingORDINANCE NO. 1302
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS LOTS 7-12, BLOCK 233, KALISPELL
4TH ADDITION, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY (PREVIOUSLY ZONED RA-1, LOW DENSITY RESIDENTIAL
APARTMENT) TO RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Janae Moore, et al., the owners of property described
above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be
changed to RA-3, Residential Apartment/Office, and
WHEREAS, the property as described exists as property
surrounded to the North by single-family homes, RA-1 Zoning, to the
East by single-family homes, R-3 Zoning, to the South by single-
family homes, B-2 Zoning, and to the West by single-family homes,
B-2 Zoning, and
WHEREAS, the petition of Janae Moore, et. al was the subject
of a report compiled by the Flathead Regional Development Office,
#KCZ-98-6, dated January 4, 1999, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned RA-3, Residential
Apartment/Office, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report adopting the FRDO report and recommended
the property as described be zoned RA-3, Residential Apartment/
Office, and
WHEREAS, after considering all the evidence submitted on the
proposal -to zone the property as described RA-3, Residential
Apartment/Office, the City Council adopts, based upon the criterion
set forth in Section 76-3-608, MCA, and ,State, Etc- v. Board o
County Commi Gy, ; onP rs, Ft-c= 590 P2d 602, the findings of fact of
FRDO as set forth in Report No. KCZ-98-6.
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 #1175) is
hereby amended by designating the property described as
Lots 7-12, Blbck 233, Kalispell 4th Addition, Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County
as RA-3, Residential Apartment/Office.
SECTION IT. 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 , 1999.
ATTEST:
Theresa White
Clerk of Council
2
Wm. E. Boharsk
Mayor