Ordinance 1399/Zoning215
ORDINANCE NO. 1399
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 7N AND 70H IN SECTION 20,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tim Birk, the owner of property described above, petitioned
the City of Kalispell that the zoning classification
attached to the above described tract of land be changed to
R-4, Two Family Residential, and
WHEREAS, the property as described exists as property surrounded to
the North by single family homes, County R-5 classification,
to the East by single family homes, County R-5 and City R-2
classification, to the South by single family homes, County
R-5 classification, and to the West by single family homes,
County R-5 classification, and
WHEREAS, the petition of Tim Birk was the subject of a report
compiled by the Tri-City Planning Office, #KA-01-3, dated
August 6, 2001, in which the Tri-City Planning Office
evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the Tri-City Planning Office report and
recommended the property as described be zoned R-4, Two
Family Residential, and
WHEREAS, after considering all the evidence submitted on the proposal
to zone the property as described R-4, Residential, the City
Council 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
Tri-City Planning Office as set forth in Report No. KA-01-3.
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. 1175) is
hereby amended by designating the property described as
Assessor's Tracts 7N and 70H in Section 20 as R-4, Two
Family Residential.
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.