07. Ordinance 1288 - Buffalo Stage Initial Zoning - 1st ReadingORDINANCE NO. 128E
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 RA-1, LOW DENSITY RESIDENTIAL APARTMENT), CITY RA-1, LOW
DENSITY RESIDENTIAL APARTMENT, AND R-5, RESIDENTIAL/PROFESSIONAL
OFFICE, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Buffalo Chip Partners, 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 RA-1, Low Density Residential Apartments, and R-
5, Residential/Professional Office, and
WHEREAS, the property as described exists as property
surrounded to the North by County R-5 and R-2 classification, to
the East by County R-5 classification, to the South by City RA-1
classification, and to the West by City R-1 classification, and
WHEREAS, the petition of Buffalo Chip Partners was the subject
of a report compiled by the Flathead Regional Development Office,
#KA-98-3, dated May 4, 1998, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned City RA-1, Residential
Apartments, and R-5, Residential/Professional Office, 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 RA-1, Residential Apartments, and R-5, Residential/
Professional Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described City RA-1, Residential
Apartments, and R-5, Residential/Professional Office, 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-98-3.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
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SECTIOR 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 RA-1, Residential Apartments, and R-5,
Residential/Professional Office.
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 DAY OF , 1998.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
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EXHIBIT A
BUFFALO STAGE PHASE III
LEGAL DESCRIPTION
DESCRIPTION OF BUFFALO STAGE PHASE III, Excepting PARK `A':
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 31 AND THE WEST HALF 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:
BEGINNING at the southeast corner of LOT 75, of BUFFALO STAGE PHASE
II, (records of Flathead County, Montana); Thence NO0003100t1W
156.77 feet to a found iron pin; Thence N3000712811E 62.57 feet to
a found iron pin; Thence N0000311111E 142.03 feet to a found iron
pin; Thence S7905014811E 91.42 feet to a set iron pin; Thence
S8300810111E 90.64 feet to a set iron pin; Thence 58905711311E 513.90
feet to a set iron pin; Thence 553028107f1E 60.00 feet to a set iron
pin on a 100.00 foot radius curve, concave southeasterly (radial
bearing 55302810711E); Thence southwesterly along said curve through
a central angle of 3602213711 an arc length of 63.49 feet to a set
iron pin; Thence S0000911611W 29.89 feet to a set iron pin; Thence
N 8905615211E 137.37 feet to a set iron pin on the westerly R/W of
Whitefish Stage Road; Thence along said R/W S0004114311W 245.66 feet
to a found iron pin; Thence S0001613911W 207.23 feet to a found iron
pin; Thence 50000310911E 17.14 feet to a found iron pin; Thence
58905615211W 330.00 feet to a found iron pin; Thence N0000310811W
270.00 feet to a found iron pin; Thence S8905615211W 556.92 feet to
the point of beginning and containing 8.546 acres. Subject to and
together with all appurtenant easements of record.
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