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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.