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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.