Ordinance 1619/ZoningORDINANCE NO.1619
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS A PORTION OF TRACT 10 LYING WITHIN
GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Ashley Heights, LLC, 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, Single Family Residential, on approximately eight and one-half acres
of land, and
WHEREAS, the property is located at the western end of Bismarck Street, bordered on the north
by Sunnyside Drive and on the west by the future bypass, and
WHEREAS, Ashley Height's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-07-11, dated July 3, 2007, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-2, Single Family Residential Zoning, and
WHEREAS, the Kalispell Planning Board and Zoning Commission held a public hearing on July
10, 2007, and recommended that the initial zoning be City R-2, Single Family
Residential, upon annexation to the City of Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, Single Family Residential, 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-07-11.
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. 1460) is hereby amended by
designating the property described above as R-2, Single Family
Residential, on approximately eight and one-half 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 20TH DAY OF AUGUST, 2007.
Mayor
ATTEST:
Theresa White
City Clerk