Ordinance 1796 - Zoning - B-3 Core Area Phase 4ORDINANCE NO.1796
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 AN AREA BOUNDED ON THE NORTH BY U.S.
HWY 2 BETWEEN 7TH AVENUE WEST NORTH AND 5TH AVENUE WEST NORTH;
THENCE SOUTHERLY ALONG 5TH AVENUE WEST NORTH FROM U.S. HWY 2 TO
CENTER STREET; THENCE EASTERLY ALONG CENTER STREET FROM 5TH
AVENUE WEST NORTH TO THE ALLEY LOCATED BETWEEN 3RD AVENUE WEST
AND 2ND AVENUE WEST; THENCE SOUTHERLY ALONG THE ALLEY LOCATED
BETWEEN 3RD AVENUE WEST AND 2ND AVENUE WEST FROM CENTER STREET
TO 1ST STREET WEST; THENCE WESTERLY ALONG 1ST STREET WEST BETWEEN
ALLEY LOCATED BETWEEN 3RD AVENUE WEST AND 2ND AVENUE WEST TO 5TH
AVENUE WEST NORTH; THENCE NORTH ALONG 5TH AVENUE WEST NORTH
FROM 1ST STREET WEST TO U.S. 2, LOCATED WITHIN SECTION 7 AND SECTION
18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, the Planning Department is requesting that the zoning classifications attached to the
above described tracts of land, currently zoned either B-2, General Business; B-5,
Industrial Business; or I-1, Light Industrial, be zoned B-3, Core Area Business; and
WHEREAS, the properties are generally bounded on the north by U.S. Hwy 2 between 7th
Avenue West North and 5th Avenue West North; thence southerly along 5th Avenue
West North from U.S. Hwy 2 to Center Street; thence easterly along Center Street
from 5th Avenue West North to the alley located between 3rd Avenue West and 2nd
Avenue West; thence southerly along the alley located between 3rd Avenue West and
2nd Avenue West from Center Street to 1st Street West; thence westerly along 1st
Street West between alley located between 3rd Avenue West and 2nd Avenue West
to 5th Avenue West North; thence north along 5th Avenue West North from 1st
Street West to U.S. 2; and
WHEREAS, the Planning Department prepared a report, Staff Report #KZC-17-02, and
recommended that the properties as described above be zoned B-3, Core Area
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 17,
2017, and recommended that the zoning be City B-3, Core Area Business, pursuant
to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as
described B-3, Core Area Business, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy -- Plan It 2035 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. KZC-17-02.
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
properties described above as B-3, Core Area Business, on those properties
generally bounded on the north by U.S. Hwy 2 between 7th Avenue West
North and 5th Avenue West North; thence southerly along 5th Avenue West
North from U.S. Hwy 2 to Center Street; thence easterly along Center Street
from 5th Avenue West North to the alley located between 3rd Avenue West
and 2nd Avenue West; thence southerly along the alley located between 3rd
Avenue West and 2nd Avenue West from Center Street to 1st Street West;
thence westerly along 1st Street West between alley located between 3rd
Avenue West and 2nd Avenue West to 5th Avenue West North; thence north
along 5th Avenue West North from 1st Street West to U.S. 2.
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 21 ST DAY OF AUGUST, 2017.
Mark John
Mayor
ATTEST:
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AimYe Brunckhorst, CMC
City Clerk