06. Ordinance 1540 - Initial Zoning - David and Beverly Mosby - 1st ReadingORDINANCE NO. 1540
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 A PORTION OF ASSESSOR'S TRACT 5Q LOCATED
IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY
RESIDENTIAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, David and Beverly Mosby, 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 0.45 acres of
land, and
WHEREAS, the property is located on the south side of 14th Street East between 6th Avenue East
and 7th Avenue East, and
WHEREAS, the Mosby's petition was the subject of a report compiled by the Tri-City Planning
Office, Staff Report #KA-05-6, dated May 2, 2005, in which the Tri-City Planning
Office 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 TCPO as set forth
in Staff Report No. KA-05-6.
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 0.45 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 6TH DAY OF JUNE, ZOOS.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk