8. Ordinance 1479 - Initial Zoning - Ashley Park Phases V, VI, VIIORDINANCE NO. 1479
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 ASHLEY PARK PHASES V-VII ADDITION NO.334
AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 19, TOWNSHIP
28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-4
(TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Somers Land Co., the owner of the property described on Exhibit "A", petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned R-4, Two Family Residential, upon annexation, and
WHEREAS, the property is located on the west side of Airport Road, south of Ruddy Duck Drive
and west of Merganser Drive in the Ashley Park subdivision, and
WHEREAS, the petition of Somers Land Co. was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-14, dated August 5, 2003, 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, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-4, Two Family Residential,
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 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 Report
No. KA-03-14.
NOW •• BE IT ORDAINED • OF OF
KALISPELL• •
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 on Exhibit "A" as R-4, Two
Family Residential, upon annexation.
SECTION H. 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 111. 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 OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 2ND DAY OF SEPTEMBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk