Ordinance 1367 - Zoning - Stratford VillageORDINANCE NO. 1367
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING -MAP, CITY
OF ICALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN,._EXHIBIT---"A"..(PREVIOUSLY ZONED
COUNTY SAG-10, SUBURBAN AGRICULTUJ;;�„<: R-4 (TWO FAMILY
RESIDENTIAL) IN ACCORDANCE WITH THE �ITy,,CCUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS
WHEREAS,
WHEREAS,
Apex 1, LLC, the owner of property described in Exhibit
"A", 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
the property as described exists as property surrounded
to the North by undeveloped and residence, City R-3 and
County R-1 classification, to the East by residences,
City R-4 classification, to the South by railroad tracks
and undeveloped, County R-1 classification, and to the
West by railroad tracks, County R-1 classification, and
the petition of Apex 1, LLC''was "LLhe subject of a report
compiled by the Flathead Regional Development Office,
#KA-00-5, dated September 5, 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, as requested by the
petition, and
W"REAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO 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 px`=.)perty as described R-4, Two
Family Residential, the City Cotricil 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-00-5.
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
in Exhibit "A" 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.
I
149
PASSED AND APPROVED BY THE CITY COUNCIL.OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 16TH DAY OF OCTOBER, 2000.
ATTEST:
�rheresa White
City Clerk
wri s
Wm. E. Boharski
Mayor
Exhibit A
Legal Description
Stratford Village Subdivision
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER AND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND
IN U.S. GOVERNMENT LOT 2 ALL IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21
WEST, PRINCIPAL MERIDIAN, MONTANA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 19, INDICATED
BY A FOUND 5/8" RE -BAR AND WHICH POINT IS THE TRUE POINT OF BEGINNING;
THENCE S 00' l 9'57"E, ON AND ALONG THE EAST BOUNDARY OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 528.96 FEET TO A FOUND
5/8" RE -BAR AND WHICH POINT LIES ON THE NORTHERLY RIGHT-OF-WAY
BOUNDARY OF THE BURLINGTON NORTHERN RAILROAD;
THENCE N 39019'1111W, ON AND ALONG SAID NORTHERLY RIGHT-OF-WAY
BOUNDARY, A DISTANCE OF 2314.91 FEET TO A FOUND 5/8" RE BAR AND WHICH
POINT LIES ON THE NORTH BOUNDARY OF SAID U.S. GOVERNMENT LOT 2;
THENCE N 88"16'27"E, ON AND ALONG SAID NORTH BOUNDARY OF U.S.
GOVERNMENT LOT 2, A DISTANCE OF 133.45 FEET TO A FOUND 5/8" RE -BAR AND
WHICH POINT IS THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER;
THENCE N 88022'50"E, ON AND ALONG THE NORTH BOUNDARY OF SAID SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 1324.41 FEET TO A POINT
WHICH POINT IS THE CENTER NORTH ONE -SIXTEENTH CORNER OF SAID SECTION
19;
THENCE S 00" 17'07"E, ON AND ALONG THE EAST BOUNDARY OF SAID SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 1303.38 FEET TO THE
TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 30.652 ACRES AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANCE EASEMENTS OF RECORD.