04. Ordinance 1442 - Initial Zoning - Glacier Village Greens Phases 14-22 - 1st ReadingORDINANCE NO.1442
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS GLACIER VILLAGE GREENS PHASES
12 THROUGH 14 LOCATED IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO-
FAMILY RESIDENTIAL) TO CITY R-4 (TWO-FAMILY RESIDENTIAL), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Owl Corporation, the owner 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-4, Two -Family Residential upon annexation, and
WHEREAS, the property as described exists as property surrounded by Glacier Village Greens
Golf Course and single family homes and duplex townhomes, and
WHEREAS, the petition of Owl Corporation was the subject of a report compiled by the Tri-City
Planning Office, #KA-02-12, dated November 4, 2002, 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 a nonsubstantive change from the existing County zoning 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-02-12.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTIONI. Section 27.02.010, of the Official Zoning Map of the Kalispell Interim
Zoning Ordinance, (Ordinance No. 1439) is hereby amended by designating the
property described as a portion of Assessor's Tracts 1+ and 2A+ located in Section 32
as R-4, Two -Family Residential upon annexation.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Interim 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 16TH DAY OF DECEMBER 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk