03. Ordinance 1544 - Initial Zoning - Appleway Business Park - 1st ReadingORDINANCE NO. 1544
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 ASSESSOR'S TRACT 14 LOCATED IN SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Dawn Marquardt and GPRR, 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 B-2, General Business, on approximately 1.82 acres of land, and
WHEREAS, the property is located on the south side of Appleway Drive and approximately 400 feet west
of the intersection with Meridian Road, and
WHEREAS, Marquardt's petition was the subject of a report compiled by the Tri-City Planning Office,
Staff Report ##KA-05-7, dated June 14, 2005, in which the Tri-City Planning Office evaluated
the petition and recommended that the property as described above be zoned B-2, General
Business as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
B-2, General Business, 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 Stage,..Etc. v. Board of CoupCommissioners Etc. 590 P2d 602, the
findings of fact of TCPO as set forth in Staff Report No. KA-05-7.
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 B-2, General Business, on approximately 1.82
acres of land.
SECTION 11. 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 1 ST DAY OF AUGUST, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor