05. Ordinance 1612 - Initial Zoning - Ashley Park Phase 9ORDINANCE NO. 1612
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN REAL
PROPERTY, MORE PARTICULARLY DESCRIBED AS A PORTION OF TRACT 4 IN THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Somers Land Company, 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--4, Two Family Residential, on approximately 8.8 acres of land, and
WHEREAS, the property is located at the end of Pintail Drive approximately 100 feet south of the
intersection of Pintail Drive and Merganser Dave, and
WHEREAS, Somers Land Company's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-06-15, dated April 25, 2007, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as described
above be zoned R-4, Two Family Residential, as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
R4, Two 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 Coup Commissioners Etc. 590 P2d 602, the
findings of fact of KPD as set forth in Staff Report No. KA-06-15.
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 R4, Two Family Residential, on approximately
8.8 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 STONED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 18TH DAY OF DUNE, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B . Kennedy
Mayor