03. Ordinance 1510 - Initial Zoning - Heuscher - Stillwater Bluffs - 1st ReadingORDINANCE NO. 1510
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 5H AND 51 A IN SECTION 31,
TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3 AND
CITY R-4 (SINGLE AND TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Larry and Sandy Heuscher, 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, Single Family Residential, on approximately 2.75 acres of land,
and City R-4, Two Family Residential, on approximately 9.25 acres of land, and
WHEREAS, the property is located on the east side of Country Way South between Granrud Lane
and Country Way, and
WHEREAS, the Heuscher's petition was the subject of a report compiled by the Tri-City Planning
Office, Staff Report #KA-04-9, dated August 2, 2004, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned R--3, Single Family Residential and 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-3, Single Family Residential and R-4, Two 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-04-9.
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, Single Family
Residential on approximately 2.75 of land, and R-4, Two Family
Residential on approximately 9.25 acres of land.
SECTION If. 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 SEPTEMBER, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor