05. Ordinance 1598 - Initial Zoning - James & Peggy Mathiason - 1st ReadingORDINANCE NO. 1595
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL
PROPERTY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY NO. 14634 IN
SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3
(URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE,
WHEREAS, James and Peggy Mathiason, 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 2 acres of land, and
WHEREAS, the property is located on the east side of Valley View Drive approximately 1,000 feet south
of the intersection of Foys Lake Road, and
WHEREAS, the Mathiason's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #A-06-16, dated December 26, 2006, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as described
above be zoned R-31, 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 Coun Commissioners Et,
590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-06-16.
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 2 acres of land.
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 AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 20TH DAY OF FEBRUARY, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor