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Ordinance 1483 - Zoning - Three Mile Drive SubdivisionORDINANCE NO. 1483 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 THREE MILE ADDITION NO.337 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10, SUBURBAN AGRICULTURAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) AND RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Tim Birk, on behalf of Thomas and Shirley Jones, 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-3, Single Family Residential on approximately 7.7 acres, and RA-1, Low Density Residential Apartment on approximately 1.4 acres, upon annexation, and WHEREAS, the property is located on the north side of Three Mile Drive and 1/2 mile west of North Meridian Road, and WHEREAS, the petition of Tim Birk was the subject of a report compiled by the Tri-City Planning Office,#KA-03-18, 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, and RA-1, Low Density Residential Apartment, 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 RA-1, Low Density Residential Apartment, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Single Family Residential, and RA-1, Low Density Residential Apartment, 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-03-18. 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 7.7 acres, and RA-1, Low Density Residential Apartment on approximately 1.4 acres, 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 T 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 Pamela B. Ke dy Mayor EXHIBIT A TIM BIRK / THREE MILE SUBD,I"VISION RA-1 ZONING -- An area described as follows: Commencing at the South one - quarter corner of Section 1, Township 28N, Range 22W P.M.M, Flathead County, Thence N 00102'22" E a distance of 47.33' to the North right-of-way of Three Mile Drive and the TRUE POINT of BEGINNING of the tract being described; thence N 89°5629" E along said right-of-way, a distance of 315.31'; thence leaving said right-of-way N 01020'07" E a distance of 189.06'; thence S 88048'52" E a distance of 316.22'; thence N 01'02'11" E a distance of 195.90 feet to the point of beginning containing an area of 53,687 square feet and attached to this site the .abutting R/ W 'of Three Mile Drive. R-3 ZONING -Tract 1 of Certificate of Survey 9693 in Section 1, Township 28 North, Range 22 lVc,-3t, P.M.M., Flathead County, Montana, excluding the area proposed for R.A.-1 zoning above.