02. Ordinance 1483 - Initial Zoning - Tim Birk - 1st ReadingORDINANCE NO. 1483
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 THREE MILE ADDITION NO.337 AND FURTHER
DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 1, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY SAG-10, SUBURBAN AGRICULTURAL) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL) AND RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Tim Birk, on behalf of Thomas and Shirley Jones, the owners 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-3, Single
Family Residential on approximately 7.7 acres, and RA-1, Low Density Residential
Apartment on approximately 1.4 acres, upon annexation, and
WHEREAS, the property is located on the north side of Three Mile Drive and 1/2 mile west of
North Meridian Road, and
WHEREAS, the petition of Tim Birk was the subject of a report compiled by the Tri-City Planning
Office, #KA-03-18, dated October 6, 2003, 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 RA-1, Low Density Residential
Apartment, 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-3, Single Family Residential,
and RA-1, Low Density Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, Single Family Residential, and RA-1, Low Density Residential
Apartment, 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-03-18.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.01.0, 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-3, Single
Family Residential on approximately 7.7 acres, and RA-1, Low
Density Residential Apartment on approximately 1.4 acres, upon
annexation.
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 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 17TH DAY OF NOVEMBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
TIM BIRK / THREE MILE SUBDIVISION
#KA-03-18
LEGAL DESCRIPTION FOR ANNEXATION AND ZONING
ANNEXATION BOUNDARIES
Tract. 1 of Certificate of Survey 9693 and the immediately abutting portion of
Three Mile Drive located in Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.