Ordinance 1914 - Zone Change - Wayne PerryORDINANCE NO. 1914
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 2D
IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND LOT 4 OF KEITH-SMITH TRACT NUMBER ONE, ACCORDING TO THE MAP OR
PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND
RECORDER OF FLATHEAD COUNTY, MONTANA, AND AS FURTHER DESCRIBED
ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY R-1 AND R-5) TO CITY R-4
(RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN
— IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wayne Perry, Inc., the owner of the property described above, petitioned that the
zoning classification attached to the above -described tract of land be zoned R-4 on
approximately 5.97 acres of land; and
WHEREAS, the property is located at 2160 and 2166 Airport Road; and
WHEREAS, Wayne Perry's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-23-06, dated September 12, 2023, in which
the Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-4, Residential, as requested by the petition;
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Residential, the City Council finds such initial 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. KA-23-06.
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
property described above as R-4, Residential, on approximately 5.97 acres of
land.
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 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 16TH DAY OF OCTOBER, 2023.
"Johnson -
ATTEST:
Aim e Brunckhorst, CMC •.!L��N�P`�•••'•
City Clerk ''••••
Exhibit A
Legal Description
A tract of land in the Southeast Quarter Southeast Quarter (SE1/4 SE1/4) of
Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana, more particularly described as follows:
Commencing at the point which is 30.00 feet West of the Southeast corner of said
Section 19; thence North a distance of 322.50 feet to the Place of Beginning of the
tract to be herein described; thence North and along the Westerly boundary of a
County Road a distance of 322.50 feet; thence West along a line which is parallel
with the South boundary of said Section 19, a distance of 645.00 feet; thence
South and along a line which is parallel with the Easterly boundary of said Section
19, a distance of 322.50 feet; thence East a distance of 645.00 feet to the Place of
Beginning.
Lot 4 of Keith -Smith Tract Number One, according to the map or plat thereof on
file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.