04. Ordinance 1534 - Initial Zoning - Spring Creek Estates - 1st ReadingORDINANCE NO. 1534
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 4C IN THE NORTH 1/2 OF
SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-3
(URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tien Birk, the owner 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 51 acres of land, and
WHEREAS, the property is located on the south side of Three Mile Drive, east of West Spring
Creek Road, and
WHEREAS, Birk's petition was the subject of a report compiled by the Tri-City Planning Office,
Staff Report #KA-05-4, dated April 5, 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-05-4.
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 51 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 16TH DAY OF MAY, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk