Ordinance 1461 - Zoning - Meadow ParkORDINANCE NO.1461
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 MEADOW PARK ADDITION NO. 323
AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 20, TOWNSHIP
28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL AND I-1, LIGHT
INDUSTRIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL) AND CITY B-5
(INDUSTRIAL/ COMMERCIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, on May 5, 2003, the City of Kalispell passed Resolution 4782, annexing
approximately 49 acres of primarily residential property located southeast of
Kalispell under 7-2-4300, M.C.A., Annexation of Contiguous Lands, with an
effective date of July 1, 2003, and
WHEREAS, the property is located between Highway 93 South and Willow Glen Drive, generally
south of Kelly Road, and
WHEREAS, the Meadow Park annexation was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-9, dated May 5, 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, and B-5, Industrial/Commercial, as requested
by the City of Kalispell, 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 B-5, Industrial/Commercial, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family Residential and B-5, Industrial/Commercial, 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-03-9.
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 and B-5, Industrial/Commercial.
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 16TH DAY OF
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Final Plat of
Meadow Park Subdivision
NE 1/4, Section 20, T28N R21W
Flathead County, Montana
Final Subdivision Plat of
Meadow Park Unit No. 2
E 1/2, Section 20, T28N R21W
Flathead County, Montana
Southgate -Unit No. 1
SW 1/4 NE 1/4, Section 20, T28N R21W, Flathead County
Greenacres West Unit No. 4
NE 1/4, Section 20, T28N, R21W, Flathead County, Montana
Excluding therefrom Lots 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139,
140, 141, 161, 162, 163, and 164, and that portion of right-of-way shown as Eagle Drive
Amended Subdivision Plat of
Lots 144-147 Greenacres West Unit No. 4
NE 1/4, Section 20, T28N R21W, Flathead County, Montana
Amended Subdivision Plat of Lots 148 and 149
Greenacres West Unit No. 4
NE 1/4, Section 20, T28N R21 W, Flathead County, Montana
Subdivision Plat
Miller's One
NE 1/4, Section 20, T28N R21W, Flathead County, Montana
as amended by the
Amended Plat of the Subdivision Plat Miller's One
In the SW 1/4 NE 1/4 Section 20, T28N R21 W, P.M.M.
Flathead County, Montana
Plat of
ABC Addition #1
A subdivision located in the
SW1/4 NE 1/4 Section 20, T28N R21W, P.M.M., Flathead County
As amended by
Certificate of Survey No. 14834
SW 1/4 NE 1/4, Section 20, T28N R21W, P.M.M.
Flathead County, Montana
70AA and 70A
Two (2) tracts of land situated, lying and being the Southwest Quarter Northeast Quarter (SW 1/4
NE 1/4) of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and
more particularly described as follows to wit:
Tract 1
Commencing at the North 1/4 corner of Section 20, T28N, R21 W; thence S 00' 02'00" W and along
the West line of said NE 1/4 a distance of 1321.84 feet to a found iron pin which is the NW corner of
said SW 1/4 NE 1/4; thence S 89°27'41" E and along the North line of said SW 1/4 NE 1/4 a
distance of 150.00 feet to a set iron pin and the true place of beginning of the tract of land herein
described; thence continuing S 89°27'41" E a distance of 150.00 feet to a found iron pin; thence
South 395.00 feet to a found iron pin which is on a 954.38 foot radius curve concave Southwesterly
(radial bearing S 02°06'00" W); thence in a Northwesterly direction through a central angle of
090' 18" an arc length of 2.86 feet to a found iron pin; thence N 88'04' 18" W, 147.22 feet to a set
iron pin; thence North 391.36 feet to the place of beginning and containing 1.354 acres of land more
or less. Subject to and together with all easements of record.
Tract 2
Beginning at the NW corner of said SW 1/4 NE 1/4 of Section 20, T28N, R21W which is a found
iron pin; thence S 89°27'41" E, 150.00 feet to a set iron pin; thence South 391.36 feet to a set iron
pin; thence N 88'04' 18" W, 68.79 feet to a found iron pin which is the P.C. of a 3 86.8 8 foot radius
curve concave Southwesterly, having a central angle of 12°42'38' ; thence along an arc length of
81.81 feet to a found iron pin; thence N 00°02'00" E, 396.76 feet to the place of beginning and
containing 1.351 acres of land more or less. Subject to and together with all easements of record.
_. 1
That portion of the Northwest Quarter (NWl/4), Section 20, Township 28 North, Range 21 West,
Flathead County, Montana, described as follows:
Commencing at the North quarter corner of Section 20; thence along the East line of the Northwest
Quarter South 00°02'00" East 1265.84 feet to the Northeast corner of that parcel shown in Deed
Book 538, Page 979, records of Flathead County, at the Point of Beginning; thence continuing along
the East line of the Northwest Quarter, Section 20, South 00°02'00" East 212.00 feet to the
Northeast corner of Lot 2 per Certificate of Survey No. 1794; thence along the North line of said Lot
2, North 89°46'52" West 146.95 feet; thence North 00°02'00" West 211.90 feet to the North line of
said parcel shown in Deed Book 538, page 979, records of Flathead County; thence along said North
line South 89°49'00" East, 146.95 feet to the Point of Beginning.
Parcel 1, Certificate of Survey No. 4200.
That portion of the Northwest Quarter (NW 1/4), Section 20, Township 28 North, Range 21 West,
Flathead County, Montana, described as follows:
Commencing at the North Quarter corner of Section 20; thence along the East line of the NW 1/4
South 00°02'00" East 1477.84 feet to the Southeast corner of that parcel shown in Deed Book 538,
page 598, records of Flathead County, which point is the Northeast corner of Lot 2 per Certificate of
Survey No. 1794; thence along the North line of said Lot 2, North 89°46' 52" West 146.95 feet to the
Point of Beginning; thence North 00°02'00" West 97.59 feet; thence North 88°41'37" West 180.00
feet; thence North 01 ° 18'23" East 25.00 feet; thence North 88°41'37" West 275.28 feet to a point on
the East right-of-way line of U.S. Highway 93; thence along the East line of said highway South
18°15'52" East 26.60 feet and South 26°58'39" East 119.17 feet to the Southwest corner of said
parcel shown in Deed Book 538, Page 598, records of Flathead County, which point is the Northwest
Corner of Lot 1 per Certificate of Survey No. 1794; thence along the North line of Lots 1 and 2 per
Certificate of Survey No. 1794, South 89°46'52" East 392.26 feet to the Point of Beginning.
Parcel 3, Certificate of Survey No. 4200.
ON
A Tract of land situated, lying and being in the Southwest Quarter, Northeast Quarter (SW 1/4 NE
1/4) of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and
more particularly described as follows, to -wit:
Commencing at the NW corner of the SW 1/4 NE 1/4 of Section 20, Township 28 North, Range 21
West; thence South 89°24' 14" East a distance of 409.75 feet to a point which is the True Place of
Beginning of the tract of land herein described; thence South 89'24' 14" East and along the Northerly
boundary line of said SW 1/4 NE 1/4 a distance of 107.50 feet to a point; thence leaving said North
line South 0°00'25" West a distance of 418.13 feet to a point on the Northerly right-of-way of a sixty
foot private road; thence North 81 °52'36" West and along said right-of-way a distance of 108.58 feet
to a point; thence leaving said right-of-way North 0°00'25" East a distance of 403.90 feet to the
Place of Beginning.
As shown on Certificate of Survey No. 3537.
No
A tract of land, situated, lying and being in the Southwest Quarter of the Northeast Quarter of
Section 20, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana, and more
particularly described as follows to wit:
Tract 1:
Commencing at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section
20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; thence along the north
boundary N 89°25'20" W 30.00 feet to a set iron pin on the westerly R/W of a 60 foot county road
known as South Woodland Drive, which is the true point of beginning of the tract of land herein
described; thence along said westerly R/W S 00°04'58" W 100.00 feet to a found iron pin; thence
leaving said R/W N 89'25' 18" W 100.36 feet to a set iron pin; thence S 0090'36" W 36.78 feet to a
found iron pin; thence N 89°29'06" W 99.45 feet to a set iron pin; thence N 00°02'27" W 136.90
feet to a found iron pin on the north boundary of said SW 1/4 NE 1/4; thence along said north
boundary S89°25'20" E 200.16 feet to the point of beginning and containing 0.543 acres; subject to
and together with all appurtenant easements of record.
Parcel A: (Being added to and made a part of Tract 1)
Commencing at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section
20, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana; thence along the north
boundary N 89°25'20" W 230.16 feet to a found iron pin; thence S 00°02'27" E 100.00 feet to a
found iron pin and the true point of beginning of the tract of land herein described; thence S
89025' 18" E 99.59 feet to a set iron pin; thence S 00° 10'36" W 36.78 feet to a found iron pin; thence
N 89029'06"W 99.45 feet to a set iron pin; thence N 00°02'27" W 36.90 feet to the point of
beginning and containing 0.084 acres; subject to and together with all appurtenant easements of
record.
AM
A tract of land in the SW 1/4 NE 1/4 of Section 20, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, described as follows:
Commencing at the east one -quarter corner of said Section 20; thence North 89'26' 15" West along
the south boundary of the SE 1/4 NE 1/4 of said Section 20 a distance of 1314.55 feet to a found 5/8
inch rebar being the southeast corner of said SW 1/4 NE 1/4; thence North 89°33'32" West along
the south boundary of said SW 1/4 NE 1/4 a distance of 384.05 feet to a found 5/8 inch rebar being
the southeast corner of a tract of land as shown and described on Certificate of Survey No. 3706,
records of Flathead County, said corner being the True Point of Beginning of the tract of land herein
described; thence North 00°09'04" West along the east boundary of said tract 788.76 feet to a found
5/8 inch rebar being on the south right-of-way of a 60 foot deeded county road known as Kelly
Road; thence North 81 °55'09" West along said right-of-way 212.47 feet to a set 5/8 inch rebar;
thence South 00°03'04" East 523.15 feet to a set 5/8 inch rebar; thence North 89°56'56" East 7.00
feet to a set 5/8 inch rebar; thence South 00°03'04" East 292.66 feet to a set 5/8 inch rebar on the
south boundary of said SW 1/4 NE 1/4; thence South 89'18'51" East along the South boundary of
said SW 1/4 NE 1/4 a distance of 40.00 feet to a found 5/8 inch rebar; thence South 89' 11' 12" East
continuing along the south boundary of said SW 1/4 NE 1/4 a distance of 164.74 feet to the Point of
Beginning.
Shown as Parcel ABC of Certificate of Survey No. 12469.
Southgate Villa Condos (Phases 1-3
That portion of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4), Section 20,
Township 28 North, Range 21 West, Flathead County, Montana, described as follows:
Beginning at the Southwest corner of Lot 10, Southgate Unit No. 1; thence along the West line of
Southgate Unit 1 North 0°18'38" East, 368.14 feet; thence North 89°21'05" West, 267.66 feet;
thence South 0°07'25" West, 333.46 feet to the North line of Kelly Road; thence along the North
line of the road South 81 °49'31" East, 240.21 feet to the beginning of a 738.79 foot radius curve to
the left; thence continuing along the North line of the road Easterly, along the curve, thru a central
angle of 2°14'06" 28.81 feet to the Point of Beginning.
Parcel A, Certificate of Survey No. 9898, now known as Southgate Villa Condo and Southgate Villa
Condos Phases 2 and 3.
Kelly Road
A tract of land located in the North half of Section 20, Township 28 North, Range 21 West, Principal
Meridian, Montana, Flathead County, Montana and more particularly described as follows:
Commencing at the beginning of a 25.00 foot radius return on the east line of Lot 82 of Greenacres
West Unit No. 3, a recorded subdivision plat and which point lies on the West right-of-way boundary
of Willow Glen Drive, a 60-foot county road and which point is the True Point of Beginning; thence
Southwesterly, on a curve to the right (delta = 90° 16' 01 ", radius = 25.00 feet and radial bearing = S
89°50'25" W), an arc length of 39.38 feet to a point of tangency; thence N 89°53'34" W, a distance
of 473.00 feet to a point of curvature; thence Southwesterly, on a curve to the left (delta = 36°07'29",
radius = 244.64 feet), an arc length of 154.23 feet to a point of tangency; thence S 53°58'57" W, a
distance of 202.77 feet to a point of curvature; thence Westerly, on a curve to the right (delta =
36°07'29", radius = 184.64 feet), an arc length of 116.41 feet to a point of tangency; thence N
89°53'34" W, a distance of 424.31 feet to a point of curvature; thence Westerly, on a curve to the
right (delta = 08°04'03", radius = 738.79 feet), an arc length of 104.02 feet to a point of tangency;
thence N 81°49'31" W, a distance of 240.21 feet to a point; thence N 81 °52'36" W, a distance of
518.63 feet to a point of curvature; thence Westerly, on a curve to the left (delta = 0691'32", radius
= 954.38 feet), an arc length of 103.14 feet to a point of tangency; thence N 88'04' 18" W, a distance
of 216.01 feet to a point of curvature; thence Westerly, on a curve to the left (delta = 27°26'42",
radius = 390.36 feet), an arc length of 186.98 feet to a point of tangency; thence S 64°16'59" W, a
distance of 281.82 feet to a point and which point lies on the east right-of-way boundary of U.S.
Highway 93; thence S 35°28'00" E, on and along said east right-of-way boundary, a distance of
60.00 feet to a point; thence N 64°29'00" E, and leaving said east boundary, a distance of 125.00 feet
to a point; thence N 64°27'04" E, a distance of 146.45 feet to a point of curvature; thence easterly,
on a curve to the right (delta = 27°26'42", radius = 330.43 feet), an arc length of 158.28 feet to a
point of tangency; thence S 88'04' 18" E, a distance of 216.01 feet to a point of curvature; thence
Easterly, on a curve to the right (delta = 0691'32", radius = 894.38 feet), an arc length of 96.95 feet
to a point of tangency; thence S 81°52'36" E, a distance of 543.00 feet to a point; thence S
81 °49'31" E, a distance of 216.21 feet to a point of curvature; thence easterly, on a curve to the left
(delta = 08°04'03", radius = 798.79 feet), an are length of 112.47 feet to a point of tangency; thence
S 89°53'34" E, a distance of 424.31 feet to a point of curvature; thence Northeasterly, on a curve to
the left (delta = 36°07'29", radius = 244.64 feet), an arc length of 154.23 feet to a point of tangency;
thence N 53°58'57" E, a distance of 202.77 feet to a point of curvature; thence Easterly, on a curve
to the right (delta = 36°07'29", radius = 184.64 feet), an arc length of 116.41 feet to a point of
tangency; thence S 89°53'34" E, a distance of 473.00 feet to a point of curvature; thence
Southeasterly, on a curve to the right (delta = 89°43'59", radius = 25.00 feet), an are length of 39.15
feet to a point and which point lies on said West right-of-way boundary of Willow Glen Drive;
thence N 00°09'35" W, on and along said West boundary, a distance of 110.00 feet to the True Point
of Beginning.
This tract contains 4.172 acres and subject to and together with all appurtenant easements of record.