Ordinance 1457 - Zoning - Ashley Meadows - Tim KnollORDINANCE NO.1457
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 ASHLEY MEADOWS ADDITION NO.326
AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 19, TOWNSHIP
28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, RESIDENTIAL) TO CITY R-4 (TWO FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tim Knoll, the owner 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-4, Two Family Residential, upon annexation, and
WHEREAS, the property is located on the northeast corner of Bluestone and Denver Avenue, and
WHEREAS, the petition of Tim Knoll was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-6, dated April 22, 2003, 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 Planning Board and Zoning Commission adopted the TCPO 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, Two 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-03-6.
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-4, Two
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 2ND DAY OF
I�
Theresa White
City Clerk
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A tract of land, situated, lying, and being in the Northeast quarter of the Northwest quarter of
Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more
particularly described as follows to wit:
Beginning at the Southeast comer of the Northeast quarter of the Northwest quarter of Section
19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found
iron pin: Thence along the South boundary of said NE % NW % S88024'03"W 334.06 feet;
Thence N0001 9'24"W 200.85 feet to the southerly R/W of a 60 foot road and utility easement;
Thence along said R/W S88021'24"W 167.33 feet to the Easterly R/W of a 60 foot city road
known as Denver Avenue; Thence along said R/W N00023'05" W 60.01 feet: Thence leaving
said R[W N88021'24" E 167.39 feet; Thence N00017'58"W 250.73 feet; Thence N88009'33"E
54.99feet; Thence N00116'17"W 221.23 feet to the approximate thread of Ashley Creek;
Thence along said thread the following six courses: S40037'34"E 118.58 feet: S31019,10"E
64.96feet; S06057'38"E23.72 feet; S49112'59"E 63.20 feet; S42058'23"E 160.68 feet;
S33034'59"E 17.24 feet; Thence leaving said thread S00018'10"E 383.01 feet to the point of
beginning and containing 4.415 acres. Together with a 60 foot road and utility easement as
shown hereon: Subject to and together with all appurtenant easements of record.