Ordinance 1484 - Zoning - FoppianoORDINANCE NO. 1.484
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS FOPPIANO ADDITION NO. 338 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, SUBURBAN RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Foppiano Construction, Inc., 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-3, Single Family Residential on approximately
one acre upon annexation, and
WHEREAS, the property is located east of Lone Pine View Estates on the east side of Denver
Avenue immediately to the east of the Phoenix Street intersection, and
WHEREAS, the petition of Foppiano Construction, Inc. was the subject of a report compiled by
the Tri-City Planning Office, #KA-03-19, dated October 6, 2003, in which the Tri-
City Planning Office evaluated the petition and recommended that the property as
described above be zoned R-3, 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-3, Single Family
Residential, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, 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 Count
Commissioners, Etc. 590 P2d 602, the findings of fact ofTCPO as set forth in Report
No. KA-03-19.
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
Zoning Ordinance, (Ordinance No. 1460) is hereby amended by
designating the property described on Exhibit "A" as R-3, Single
Family Residential on approximately one acre, upon annexation.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell 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 17TH DAY OF NOVEMBER, 2003,
ATTEST:
Theresa White
City Clerk
EXHIBIT A
TRACT 2 OF CERTIFICATE OF SURVEY NUMBER 11352
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION IS, TOWNSHIP 28
NORTH, RANGE 21 WEST, P,M.,M., FLATHEAD COUNTY, MONTANA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT -
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA; THENCE
S88025'16"W AND ALONG THE SOUTH BOUNDARY OF SAID NE1/4NW1/4 A
DISTANCE OF 334.11 FEET TO A SET IRON PIN; THENCE N00°17'40"W, 260.93
FEET TO A SET IRON PIN AND THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: THENCE S88°25'36"W 167.15 FEET
TO A SET IRON PIN; THENCE N00°17'40"W 271.00 FEET TO A SET IRON PIN;
THENCE S84039'20"E 167.92 FEET TO A SET IRON PIN; THENCE S00°17'40"E
250.77 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.001 ACRES;
TOGETHER WITH 60-FOOT PRIVATE ROAD AND UTILITY EASEMENT AS
SHOWN HEREON; SUBJECT TO AND TOGETHER WITH ALL APPURTENANT
EASEMENTS OF RECORD.