Ordinance 1588 - Zoning - Hershberger - Autumn Creek SubdivisionORDINANCE NO, 1588
AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO, 1460)9 BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS ASSESSORS TRACTS 6AAK, 6D1 AND GAB
LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M,M,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) TO CITY R-2 (SUBURBAN RESIDENTIAL), IN ACCORDANCE WITH
THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE,
WHEREAS, Lee and Linda Hershberger, the owners 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-2, Suburban Residential, on approximately 8.69 acres of
land, and
WHEREAS, the property is located north of Highway 2 West, on the east side of Hathaway Lane,
and
WHEREAS, the Hershberger's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-06-7, dated July 25, 2006, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-2, Suburban Residential, as requested by the
petition, and
WHEREAS, the Kalispell Planning Board held a public hearing on August 8, 2006, and denied a
recommendation that the property as described above be zoned R-2, Suburban
Residential due to a vote of two in favor and two opposed, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, Suburban Residential, the City Council finds such initial 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 Count
Commissioners,, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. IAA-06-7.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1460) is hereby amended by
designating the property described above as R-2, Suburban
Residential, on approximately 8.69 acres of land.
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 AND SIGNED BY THE MAYOR of THE
CITY of KALISPELL THIS 16TH DAY of OCTOBER., 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kenn dy
Mayor