06. Ordinance 1318 - Zoning - Schulze - 1st ReadingORDINANCE NO. 1318
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 APPROXIMATELY 6.83 ACRES ON THE
NORTHEAST CORNER OF WHITEFISH STAGE ROAD AND WEST EVERGREEN DRIVE,
MORE PARTICULARY 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, George Schulze, 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 B-1, Neighborhood Buffer District, and
WHEREAS, the property as described exists as property
surrounded to the North by County R-5 Zoning (undeveloped), to the
East by County R-5 Zoning (undeveloped and Glacier Greens), to the
South by County R-2 Zoning (church), and to the West by City RA-1
Zoning (Buffalo Stage Subdivision), and
WHEREAS, the petition of George Schulze was the subject of a
report compiled by the Flathead Regional Development Office, #KA-
99-5, dated June 1, 1999, 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-99-5.
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
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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 DAY OF JULY, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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