09. Ordinance 1519 - Initial Zoning - City of Kalispell - 1st ReadingORDINANCE NO.1519
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 TRACTS 9AA, 9B AND 9BAA IN SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, the owner of the property described above, petitioned that the
zoning classification attached to the above described tract of land be zoned City R4, Two
Family Residential, on approximately 1.69 acres of land, and
WHEREAS, the property is located on the northern terminus of Western Drive, west of 7th Avenue
West and north of Sunnyside Drive, and
WHEREAS, the City's petition was the subject of a report compiled by the Tri-City Planning Office,
StaffReport #KA-04-17, dated November 1, 2004, in which the Tri-City Planning Office
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 R-4, Two Family Residential, the City Council finds such initial zoning to be
consistent witb 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 Coujity Commissioners
Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04-
17,
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-4, Two Family Residential on approximately 1.69 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 20TH DAY OF DECEMBER, 2004.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk