02. Ordinance 1411 - Initial Zoning - Gaylon Owens - 1st ReadingORDINANCE NO. 1411
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 8 LOCATED IN
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL)
TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gaylon Owens/Owl Corporation, 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-4, Two Family Residential,
and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes, County R-1
classification, to the East by single family homes, City
R-4 and County R-1 classification, to the South by
undeveloped Stratford Subdivision, City R-4
classification, and to the West by low density
residential, and agricultural, County R-1 classification,
and
WHEREAS, the petition of Gaylon Owens was the subject of a report
compiled by the Tri-City Planning Office, #KA-01-8, dated
January 8, 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 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-01-8.
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 No. 1175)
is hereby amended by designating the property described
as Assessor's Tract 8 located in Section 19 as R-4, Two
Family 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
(30) days from and after the
and approval by the Mayor.
shall be effective thirty
date of its final passage
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS _ DAY OF FEBRUARY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk