4. Ordinance 1294 - Zone Change - Hammer - 2nd ReadingORDINANCE NO. 1294
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 THE NORTH 17 FEET OF LOT 17 AND
LOT 18, BLOCK 87 OF KALISPELL ORIGINAL LOCATED IN SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY
(PREVIOUSLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO
B-4 (CENTRAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, William Hammer, DDS, 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-4, Central Business, and
WHEREAS, the property as described exists as property
surrounded to the North by Residential, B-4 classification, to the
East by Multi -Family residential, RA-1 classification, to the South
by Single family residential, RA-1 classification, and to the West
by Single family residential, B-2 classification, and
WHEREAS, the petition of William Hammer, DDS was the subject
of a report compiled by the Flathead Regional Development Office,
#KZC-98-3, dated August 4, 1998, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned B-4, Central Business, as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the property as described
be zoned B-4, Central Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-4, Central Business,
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. KZC-98-3.
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
E:\wp\ord\1295hammer.wpd 1
hereby amended by designating the property described as
the north 17 feet of Lot 17 and Lot 18, Block 87 of
Kalispell Original located in Section 18, Township 28
North, Range 21 West, P.M.M., Flathead County, as B-2,
Central Business.
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 , 1998.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
E:\wp\ord\1295hammer.wpd 2