Ordinance 1782 - Zoning - Lofts at AshleyORDINANCE NO. 1782
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 1 OF CERTIFICATE OF SURVEY 20138 OF
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY,
MONTANA, (CURRENTLY ZONED COUNTY R-4 (TWO FAMILY RESIDENTIAL) TO
CITY RA-1 (RESIDENTIAL APARTMENT)) IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Lofts at Ashley, 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-4, Two Family Residential, be zoned RA-2,
Residential Apartment/Office, on approximately 3.79 acres of land; and
WHEREAS, the property is located at 2050 Airport Road; and
WHEREAS, Lofts at Ashley, LLC's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-16-03, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned RA-2, Residential Apartment/Office, pursuant to Kalispell City Code
27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November
9, 2016, and after considering the Staff Report #KA-16-03 as well as public comment
and discussion, recommended that the zoning be City RA-1, Residential Apartment,
pursuant to Kalispell City Code 27.29.030 for the reason that the reduced density of
City RA-1, Residential Apartment is more consistent and compatible with the
existing surrounding neighborhood; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-2, Residential Apartment, the City Council finds the recommendation
of the Kalispell City Planning Board to zone the property as RA-1, Residential
Apartment to be more compatible to the existing neighborhood and to be also
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 essential findings of fact of KPD as set forth
in Staff Report No. KA-16-03 with the exception of the consideration of density.
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 RA-1, Residential Apartment, on
approximately 3.79 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 19TH DAY OF DECEMBER, 2016.
Mark Johnso
Mayor
ATTEST:Xz
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