04. Ordinance 1303 - Zone Change - RSI, LLC - 2nd ReadingORDINANCE NO. 1303
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 1, 2 AND 3, DALEY FIELD
SUBDIVISION, SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY (PREVIOUSLY ZONED P-1, PUBLIC) TO B-2 (GENERAL
BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell and RSI, LLC (Rosauer's
Supermarkets, Inc.), 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 B-2,
General Business, and
WHEREAS, the property as described exists as property
surrounded to the North by P-1 Zoning (Public), to the East by B-2
and I-1 Zoning (General Business and Light Industrial), to the
South by B-2 Zoning (General Business), and to the West by P-1
Zoning (Public), and
WHEREAS, the petition of the City of Kalispell and RSI, LLC
(Rosauer's Supermarkets, Inc.) was the subject of a report compiled
by the Flathead Regional Development Office, #KCZ-98-5, dated
January 4, 1999, in which the Flathead Regional Development Office
evaluated the petition and recommended that the property as
described above be zoned B-2, General Business as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report amending the FRDO report and deferred
approval to the City Council as to whether to rezone the property
as described B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-2, General Business,
the City Council adopts, based upon the criterion set forth in
Section 76-3-608, M.C.A., and St -ate, Etc_ v. Board of County
commissioners, Etc- 590 P2d 602, the findings of fact of FRDO as
set forth in Report No. KCZ-98-5, as amended by the Zoning
Commission.
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 1, 2 and 3 of Daley Field as B-2, General Business.
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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
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Wm. E. Boharski
Mayor