7. Ordinance 1415 - Initial Zoning - J&F Construction - 1st ReadingNO. 1415
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 6 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 (RESIDENTIAL), IN ACCORDANCE WITH THE
CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, J & F Construction, the owner of property described
above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of
land be changed to R-3, Residential, and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes, County R-2
classification, to the East by rural residential, County
SAG-10 classification, to the South by large tract
residential, County R-1 classification, and to the West
by large tract residential, County SAG-10 classification,
and
WHEREAS, the petition of J & F Construction was the subject of a
report compiled by the Tri-City Planning Office, #KA-02-
2, dated March 4, 2002, in which the Tri-City Planning
Office evaluated the petition and recommended that the
property as described above be zoned R-3, 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-3, Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-3,
Residential, the City Council 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-02-2.
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. 1175)
is hereby amended by designating the property described
as Assessor's Tract 6 located in Section 1 as R-3,
Residential.
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 OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 15TH DAY OF APRIL, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk