02. Ordinance 1434 - Initial Zoning - Ole's Country StoreORDINANCE NO. 1433
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), OLE'S COUNTRY
STORE, DESCRIBED AS ASSESSOR'S TRACT 3EB LOCATED IN SECTION 31,
TOWNSHIP 29 NORTH, RANGE 21 WEST P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY B-1, NEIGHBORHOOD PROFESSIONAL BUSINESS)
TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, MGS Partners, 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 B-2, General Business, and
WHEREAS, the property as described exists as property surrounded to the North by County R-1
Zoning (undeveloped and residential), to the East by City B-2 Zoning (Mountain
View Plaza), to the South by City B-2 Zoning (Mountain View Plaza), and to the
West by City R-5 Zoning (Section 36), and
WHEREAS, the petition of MGS Partners was the subject of a report compiled by the Tri-City
Planning Office, #KA-02-8, dated July 2, 2002, in which the Tri-City Planning Office
evaluated the petition and recommended that the property as described above be
zoned B-2, General Business, 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 B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, 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 ofTCPO as set forth in Report
No. KA-02-8.
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 #1175) is hereby amended by designating the property
described above as B-2, General Business.
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.
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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 DAY OF AUGUST, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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