09. Ordinance 1424 - Initial Zoning - Melvin Powell - 1st ReadingNO. 1424
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 LOT 1 OF WESTERN ACRES LOCATED
IN SECTION 18, TOWNSHIP 28 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, Melvin Powell, 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-5
classification, to the East by single family homes, City
R-4 classification, to the South by single family homes,
County R-5 classification, and to the West by single
family homes, County R-5 classification, and
WHEREAS, the petition of Melvin Powell was the subject of a report
compiled by the Tri-City Planning Office, #KA-02-3, dated
May 7, 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-02-3.
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 Lot 1 of Western Acres located in Section 18 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 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 JUNE, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk