02. Ordinance 1369 - Initial Zoning for Buffalo Stage Phase V - 1st ReadingAN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY KNOWN AS BUFFALO STAGE PHASE V (PREVIOUSLY
ZONED !APARTMENT) TO(LOW DENSITY
RESIDENTIAL 1: •`DCITY-COUNTY
PLAN, AND TO PROVIDE AN EF. DATE.
WHEREAS, Buffalo Chip Partners, the owner of property described
above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of
land be changed to RA-1, Low Density Residential
Apartment, and
WHEREAS, the property as described exists as property surrounded
to the North by County R-5 Zoning (undeveloped), to the
East by County R-2 Zoning (buffer area%park), to the
South by City RA-1 Zoning (Buffalo Stage Phase IV,
Edgerton School), and to the West by City RA-1 Zoning
(Buffalo Stage Phase II), and
WHEREAS, the petition of Buffalo Chip Partners was the subject of
a report compiled by the Flathead Regional Development
Office, #KA-00-10, dated October 2, 2000, in which the
Flathead Regional Development Office evaluated the
petition and recommended that the property as described
above be zoned RA-1, Low Density Residential Apartment,
as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the
property as described be zoned RA-1, Low Density
Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described RA-1, Low
Density Residential Apartment, the City Council 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 FRDO as set
forth in Report No. KA-00-10.
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 Zoning Ordinance, (Ordinance #1175) is
buffalo stage V.wpd 1
hereby amended by designating the property described as
Buffalo Stage Phase V, as RA-1, Low Density Residential
Apartment.
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 20TH DAY OF NOVEMBER, 2000.
Wm. E. Boharski
Mayor
Theresa White
City Clerk
buffalo stage V.wpd 2
EXHIBIT A
AND ENITL41 ZONING
LEGAL DESCRIPTION
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 and IN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast corner of the Southeast Quarter of
Section 31, Township 29 North, Range 21 West, P-M.,M., Flathead
County, Montana, which is a found iron pin on the southerly R/W of
a 60 foot county road known as Granrud Lane; Thence along said
southerly R/W and along the north boundary of said SE1/4
N89*43108"W 69.02 feet to a found iron pin and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HER Ili DESCRIBED: Thence leaving
said R/W S00*24104"W 150.00 feet to a found iron pin and the P.C.
of a 150.00 foot radius curve, concave southwesterly (radial
bearing S00'16151"W); Thence southeasterly along said curve
through a central angle of 67*5215211 an arc length of 177.71 feet
to a found iron pin and the P.C.C. of a 647.57 foot radius compound
curve, concave southwesterly (radial bearing S68*091430W); Thence
southeasterly along said curve through a central angle of 21o59133"
an arc length of 248.57 feet to a found iron •pin; Thence
S00*09116"W 131.29 feet to a found iron pin on the north boundary
of the Plat of Buffalo Stage Phase IV (records of Flathead County,
Montana); Thence along said north boundary S89*56152--W 522.34
feet to a found iron pin; Thence N86'41100"W 90.15 feet to a found
iron pin; Thence N78*3011312W 111.07 feet to a found iron pin;
Thence S89*18113"W 113.48 feet to a found iron pin on the easterly
boundary of the Plat of Buffalo Stage Phase II (records of Flathead
County, Montana); Thence along said easterly boundary N15*0010011W
102.29 feet to a found iron pin; Thence M36 54120"W 64.67 feet ' to
a found iron pin; Thence N00'0311111E 445.62 feet to a found iron
pin on said southerly R/W of Granrud Lane and the north boundary of
said SEI/4; Thence along said R/W and along said north boundary
S89*4310811E 715.98 feet to the point of beginning and containing
11.610 ACRES. Subject to and together with all appurtenant
easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
BUFFALO STAGE PHASE V