Ordinance 1462 - Zoning - Scott & Wanda GraceORDINANCE NO.1462
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 GRACE ADDITION NO. 329 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 18, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Scott and Wanda Grace, 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-4, Two Family Residential, upon annexation, and
WHEREAS, the property is located at the southern terminus of Fourth Avenue West, and
WHEREAS, the petition of Scott and Wanda Grace was the subject of a report compiled by the
Tri-City Planning Office, #KA-03-10, 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, 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-03-10.
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 111. 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
SCOTT AND WANDA GRACE
LEGAL DESCRIPTION FOR ANNEXATION
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING, AND'BEING' IN TIM SOUTH HALF OF
THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.,M., FLATHEAD COUNTY, XQNTAKA, AND MORE PARTICULARLY
DESCRIBED AS FOLLQWS To WIT:
`northeast o BEGIJOUNG at the:o * rthe k the Plat of - E[UNM 1 & 2-
SUBDIVISION (records of Flathead County, Montana), which is a found
iron pin on the easterly R/W of 4th AVENUE WEST; Thence along said
R/W NOO a 11116"B 25.98 feet to a set iron pin; Thence N88*23 _2111E
232.21 feet to a set iron pin; Thence S00"38137"Z 205.13 feet to
a found iron pin; Thence $88*54133*W 109.03 feet to a found iron
pin; Thence N30'50114"W 64.76 feet to a set iron pin on the
southerly R/W of a $0.00 foot radius cul-de-sac, concave
northeasterly (radial bearing N58*14,105"W); Thence southwesterly
and northeasterly along said cul-de-sac through a central angle of
148.21149,11 an arc length of 129.47 fe6t'ta a set iron pin on the,
east boundary of said Plat of HUNTER. I & 2 SUBDIVISION; Thence.
along said east boundary N0000714411Z 92.65 feet to the point of
beginning and containing 0i.983 ACRES; Together with a 40 and 60
foot road and utility easement known as 4th AVENUE WEST as shown
hereon; Subject to and together with all appurtenapt eas aments of
r=ord.