03. Ordinance 1606 - Initial Zoning - Ashley Heights LLC - 1st ReadingORDINANCE NO. 1606
AN ORDINANCE To AMEND SECTION 27.02.010, OFFICIAL ZONING- MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINNANCE No. 1460)9 BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS A PORTION OF TRACT 10 LYING WITHIN
GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) To CITY R-2 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE
WITH THE IKALISPELL GROWTH POLICY 2020, AND To PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Ashley Heights, 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-4, Two Family Residential, on approximately eight and one-half acres of
land, and
WHEREAS, the property is located at the western end of Bismarck Street, bordered on the north
by Sunnyside Drive and on the west by the future bypass, and
WHEREAS, Ashley Height's petition was the subject of a report compiled by the Kalispell
Planning Department., Staff Report #A-07-2, dated April 10, 2007, in which the
Kalispell Planning Department evaluated the petition and, based upon surrounding
uses and densities, recommended that the property as described above be zoned R-3,
Single Family Residential Zoning, rather than the more dense zoning requested by the
Petitioner, and
WHEREAS, the Kalispell Planning Board and Zoning Commission held a public hearing on April
M 2007, and determined from public comment and other evidence offered and of
record that the appropriate zoning designation should be R-2, Single Family
Residential, and moved to amend, and did amend the findings of fact of A-07-2 as
such, and
WHEREAS, after considering all the evidence submitted to date by the Petitioner, the Kalispell
Planning Staff, and the public on the proposal to zone the subject property as
described, the City Council finds the initial zoning of R-2, Single Family Residential
to be the most appropriate for the subject property and to be consistent with the
Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in
Section 75-3-608, M.C.A., and State,_Etc. v. Board of County Commissioners, Etc.
590 P2d 602, the amended findings of fact of KPD as set forth in Amended Staff
Report No. KA-07-2.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KA.LISPELL 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.-2, Single Family
Residential, on approximately eight and one-half 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 4TH DAY OF JUNE, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk