Ordinance 1462/ZoningORDINANCE NO, 1462
AN ORDINANCE TO AMEND SECTION 27,02,010, OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439)9 BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS GRACE ADDITION NO, 329 AND
FURTHER DESCRIBED ON EXHIBIT "A7'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
descn*bed tract of land be zoned RA 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
descn'bed above be zoned RA 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 C
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 1. Section 27.02.010, of the Official Zoning Map of the Kalispell
Inten*m 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 11. 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 03
ATTEST:
Theresa White
City Clerk
EXHIBIT A
SCOTT AND WANDA GRACE
LEGAL DESCRIPTION FOR ANNEXATION
USCRIPTIONZ
A TRACT OF` LAND. SITUATED, -, "I'JYING ANI); I* TIM -SOUTH P-M-1 F CW
THE SOUTHEAST QUARTZR OF SECT10N 18, TOWNSHIP 28 NORTH, R"GE 21
WEST, PaMs jU*,, FLATHE&D COUNTY, XQNTAKA, AND MORB PARTICULARLY
0
DESCRIBM, AS FOLLMS TO WIT*
I P 11
0
2-
BEG ner, of t ha. P-114-t
SUBDIVISION (repords 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 25998 feet't�o a set iron Pin; Thence K88*231�2111B
232#21 tPat to a aet iron pin; Thence SOO 38137"B 205.13 feet to
a found iron ,pin k Thence $88*54133"W 109.03 feet to a found iron
pi 0 n; Thence N30'050,114"W 64-w76 feet to a set iron din on the
aoutherly R/W of a $0.00 foot r4dius cul-da-p-"c, =.ncave
northaaaterly (radial bearing N58014,f0511W); Thence southwesterly
and northwesterly along said cul�".wasac throug4 a centrAl angle of
148021149,11 an arQ length of 129.47 fd6tta-'a'set iron p�a on the,
east bo d of said Plat of HUNTZR 1 2 SUBDIVISION; Thence
LMU4-Axy
along said east boundary N0000714411Z 92o65 feet to the point of
beginning and contain'ng Oi983
Ir Together with a 40 and 60
foot roaLd and utility easement known as 4th AVM4 W9ST aLs
hereon; Sub jevt to and tpgothar with all appurtenwit easints pf
r=ord*