H2b. Ord 1776 - Zoning - EisingerORDINANCE NO.1776
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY 19815 OF
SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY,
MONTANA, (CURRENTLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL) TO
CITY B-2 (GENERAL BUSINESS)) IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Eisinger Properties, LLC, the owner of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land, currently zoned County R-1, Suburban Residential, be zoned B-2, General
Business, on approximately 4.45 acres of land; and
WHEREAS, the property is located at 837 West Reserve Drive, approximately 1/4 mile east of
U.S. 93 North; and
WHEREAS, Eisinger Properties, LLC's petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-16-02, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned B-2, General Business, pursuant to Kalispell City Code
27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 12,
2016, and recommended that the zoning be City B-2, General Business, pursuant to
Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, the City Council finds such zoning to be consistent
with the Kalispell Growth Policy 2020 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 KPD as set forth in Staff Report No. KA-16-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as B-2, General Business, on approximately 4.45
acres of land.
SECTION 2. 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 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS DAY OF , 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk