Ordinance 1451 - Zoning - Blue Heron - Charles and Michelle LappORDINANCE NO.1451
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO.1439), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS BLUE HERON ADDITION NO.324 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 2, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-2, RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL),
IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Charles and Michelle Lapp, the owners of the property described on Exhibit "A",
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned R-2, Single Family Residential upon annexation, and
WHEREAS, the property is located on the northwest corner of Stillwater Road and Three Mile
Drive, and
WHEREAS, the petition of Charles and Michelle Lapp was the subject of a report compiled by the
Tri-City Planning Office, #KA-03-3, dated March 31, 2003, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned R-2, Single Family Residential as requested by the
petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-2, Single Family
Residential, 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 initial 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 TCPO as set forth in Report
No. KA-03-3.
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
Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended
by designating the property described on Exhibit "A" as R-2, Single
Family Residential upon annexation.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Interim 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 OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 19TH DAY OF
Theresa White
City Clerk
EXHIBIT "A"
Lot 2 of Vogler Subdivision No. 2, amended Plat of Vogler Subdivision and Subdivision No. 204
located in SE 1/4 SSE 1/4 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana.
Description
A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, described as follows: Commencing at the northeast corner of the SE 1/4 of said
Section 2; thence S 00'47'03" W, 1353.59 feet to the northeast corner of Subdivision No. 204,
records of Flathead County, said corner being the True Point of Beginning of the tract of land herein
described; thence along the boundaries of said Subdivision No. 204 the following two courses: S
89048' 15" W 1312.45 feet and S 00'35' 18" W 574.42 feet to the northwest corner of Vogler
Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the
following two courses: S 00'37'00" W 660.06 feet and N 89'52'37" E 330.08 feet to the southwest
corner of said Subdivision No. 204; thence along the boundaries of said Subdivision No. 204 the
following four courses: N 89'56'02" E 275.73 feet; N 00'45'49" E 615.20 feet; S 89'21'59" E
702.94 feet and N 00'46'33" E 630.56 feet to the point ofbeginning containing 27.315 acres more or
less, being subject to and together with all appurtenant easements of record.
The above described tract of land is to be known and described as "Vogler Subdivision No. 2."
Description: Parcel "A" (Flathead County Search and Rescue to Lapp):
A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, described as follows: Commencing at the northwest corner of Vogler Subdivision,
records of Flathead County; thence along the boundaries of said Vogler Subdivision the following
two courses: N 89'53' 12" E 330.09 feet and S 00°37'03" W 330.00 feet; thence S 89153' 12" W
330.09 feet to a point on the west boundary of said Vogler Subdivision; thence N 00037'03" E
330.00 feet to the point of beginning containing 2.500 acres more or less, being subject to and
together with all appurtenant easements of record.