Ordinance 1378 - Zoning - Glacier Village Greens165
ORDINANCE NO. 1378
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 IN EXHIBIT "A-, ATTACHED HERETO AND
THEREBY MADE A PART HEREOF, (PREVIOUSLY ZONED COUNTY R-5, TWO
FAMILY RESIDENTIAL), CITY R-4, RESIDENTIAL, AND CERTAIN REAL
PROPERTY DESCRIBED IN EXHIBIT "B", ATTACHED HERETO AND THEREBY MADE
A PART HEREOF, (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY
RESIDENTIAL), CITY RA-3, RESIDENTIAL APARTMENT OFFICE, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, the City of Kalispell initiated, pursuant to Title 7,
Chapter 2, Part 43 Montana Code Annotated, annexation of the real
property described in Exhibit "A", and passed Resolution No. 4590,
annexing said property, effective November 1, 2001, and
WHEREAS, zoning classification attached to said real property
under Flathead County Zoning Regulations is R-5, Two Family
Residential, and
WHEREAS, under § 27.03.010, Kalispell Zoning Ordinance the
City Council must determine the appropriate zone for areas annexed
to the City upon recommendation of the Kalispell City -County
Planning Board, and
WHEREAS, the zoning of said property was subject to a report
compiled by the Flathead Regional Development Office, #KA-00-
7, dated October 2, 2000, in which the Flathead Regional Development
Office evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential for the
Glacier Village Greens area and RA-3, Residential Apartment/Office
for the approximately 15 acres at the Northwest corner of Whitefish
Stage Road and West Evergreen Drive, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and made a recommendation
consistent with the FRDO report, and
WHEREAS, after considering all the evidence submitted on the
recommendation to zone the property as described in accordance with
the recommendation of the Kalispell City -County Planning Board and
Zoning Commission, 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 FRDO as set forth in Report No. KA-00-7.
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 #1175) is
hereby amended by designating the property described in
Exhibit "A" as R-4, Two Family Residential, and the
property described in Exhibit "B" as RA-3, Residential
Apartment/Office.
166
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 November
1, 2001.
PASSED AND
APPROVED BY
THE CITY
COUNCIL
OF THE
CITY OF KALISPELL
AND SIGNED
BY THE MAYOR
THIS 8TH
DAY OF
JANUARY,
2000.
ATTEST:
zz "
Theresa White
City Clerk
Wmllnbrdi ..
Wm. E. Boharski
Mayor
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Exhibit "A"
167
LEGAL. DESCRIPTION FOR
ANNEXATION OF GLACIER VILLAGE GREENS AREA
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE1/4 & SW1/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO.
MONTANA
AMENDED PLAT
LOT II, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
IN THE SE1/4 & SWI/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE1/4 & SWI/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE II
A SUBDIVISION
IN THE SE114 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE SI/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
AMENDED PLAT OF
LOTS 70 & 71
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1 /2 SEC. 32, T.29N., R 21 W., P.M., M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE III A
A SUBDIVISION
IN THE S1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE EI/2SWI/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
OF
LOT 127
OF THE PLAT OF
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION IN THE
E1/2SW1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA
68
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W 1 /2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
Homeowner's Park A of Glacier Village Greens, Phase III
Lots 160, 216 and the Homeowner's Park of Glacier
Village Greens, Phase W
IN THE W1/2SW1/4 SEC. 32, T.29N., R.2IW., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE VIII
A SUBDIVISION
IN THE NWI/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VIII
A SUBDIVISION
IN THE NW1/4SEI/4 SEC. 32., T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W 1/2SE 1/4 SEC. 32, T.29N., R.21W., PM.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
GLACIER VILLAGE -GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NWI/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
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Exhibit "B"
169
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5,
N89055'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W NOO°03'08"W
1146.61 feet to a found iron pin; Thence leaving said R/W N89°59'45 "E 213.61 feet to a
found iron pin; Thence NO1 °24'27"W 207.48 feet to a found iron pin; Thence S89°55'59"W
10.00 feet to a found iron pin; Thence NO2°24'36"E 411.97 feet to a found iron pin; Thence
N20008'33"E 100.12 feet to a found iron pin; Thence N18°30'04"E 223.97 feet to a set iron
pin; Thence N79°37'27"E 71.92 feet to a found iron pin; Thence S17°13'41 "W 261.53 feet
to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence
SO1°47'43"W 235.46 feet to a found iron pin; Thence S03°46'45"E 138.54 feet to a found
iron pin; Thence S21 °10'50"E 104.45 feet to a found iron pin; Thence S45°28'25"E 169.53
feet to a found iron pin; Thence S40°10'29"E 138.50 feet to a found iron pin; Thence
S70"42'43"E 137.36 feet to a found iron pin; Thence S44°24' 19"E 294.91 feet to a found
iron pin; thence S25107'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19
feet to a found iron pin; Thence S89°54`39"W 370.00 feet to a set iron pin; Thence
S00005'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence
along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing
21.606 ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
Commencing at the northwest corner of Section 5,tTownship 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north
boundary of said Section 5, S89°57'38"E 30.00 feet to a found iron pin on the easterly R/W
of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said
easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W
N89057'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave
southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53 feet
to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a 180.00
foot radius curve, concave southwesterly, having a central angle of 44'53' 10"; Thence along
an arc length of 141.01 feet to a set iron pin; Thence SOO°06'50"E 222.78 feet to a set iron
pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the
north boundary of Section 5; Thence along said R/W and along said north boundary
N89"57'38"W 588.20 feet to the point of beginning and containing 6.826 ACRES; Subject
to and together with all appurtenant easements of record.
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