5B. Ordinance 1299 - Initial Zoning of R-2 - 1st ReadingORDINANCE NO. 1299
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT A(PREVIOUSLY ZONED
COUNTY R-3, ONE FAMILY RESIDENTIAL), CITY R-2, RESIDENTIAL, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, American Land & Development Inc., the owner of
property described in Exhibit A, petitioned the City of Kalispell
that the zoning classification attached to the above described
tract of land be changed to City R-2, Residential, and
WHEREAS, the property as described exists as property
surrounded to the North by Suburban Residential, County R-2
classification, to the East by Leisure Subdivision, Suburban
Residential, County R-2, to the South by County Shops Complex,
County P-1, and to the West by Meadow Park and Greenacres,
Urban/Suburban Residential, County R-5 and R-2 classification, and
WHEREAS, the petition of American Land & Development Inc. was
the subject of a report compiled by the Flathead Regional
Development Office, #KA-98-7, dated November 30, 1998, in which the
Flathead Regional Development Office evaluated the petition and
recommended that the property as described above be zoned City R-2,
Residential, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the property as described
be zoned City R-2, Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described City R-2, Residential,
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-98-7.
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
hereby amended by designating the property described in
Exhibit A, as City R-2, Residential.
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.
j:wp/ord/Amerland 1
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF , 1999.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
j:wp/ord/Amerland 2
EXHIBIT A
American Land & Development Inc. Annexation and Zone Change
Commencing at the Northwest comer of Section 21, T28, R21 W, P.M.M., Flathead
County, Montana;
Thence South 0009'00" East along the West boundary of Section 21, 1324.75 feet;
Thence North 89052'32" East 30.00 feet to the True Point Of Beginning;
Thence South 0009'00» East 1217.30 feet;
Thence North 8905327' East 152.00 feet;
Thence South 0009'00" East 107.00 feet;
Thence North 89153'27" East 1140.03 feet;
Thence North 0008'52" West 668.74 feet;
Thence South 89052'32" West 758.00 feet;
Thence North 0108'51" West 574.98 feet;
Thence South 89052'32" West 534.08 feet to the True Point of Beginning
Said described parcel containing 28.91 acres
5