6. Ordinance 1605 - Initial Zoning - Cottage GardensORDINANCE NO. 1605
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL
PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 1AC AND
FURTHER DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 9981, AND AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" IN SECTION 2, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY
AG-80, AGRICULTURAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN
EFFECTIVE DATE,
WHEREAS, Apex 1, LLC, the owners of the property described above, petitioned the City of Kalispell that
the zoning classification attached to the above described tract of land be zoned R-3, Urban
Single Family Residential, on approximately 10.75 acres of land, and
WHEREAS, the property is located on the north side of Three Mile Drive 1 /2 mile west of Stillwater Road
and 114 mile east of the BPA power lines, and
WHEREAS, Apex 1's petition was the subject of a report compiled by the Kalispell Planning Department,
Staff Report #KA-07-4, dated March 5, 2007, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be zoned R-3,
Urban Single Family Residential, as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
R-3, Urban Single Family Residential, the City Council finds such initial zoning to be
consistent with the Kalispell Growth Policy 2020 and 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 KPD as set forth in Staff Report No. KA-074.
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 No. 1460) is hereby amended by designating the
property described above as R-3, Urban Single Family Residential, on
approximately 10.75 acres of land.
SECTION IL 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 AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 16TH DAY OF APRIL, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor