06. Ordinance 1297 - Cra-Lon Zoning - 1st ReadingORDINANCE NO. 1297—
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING NAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS A TRACT OF LAND IN THE NORTHWEST
QUARTER NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER NORTHWEST
QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY (PREVIOUSLY ZONED CITY R-2, ONE FAMILY LIMITED
RESIDENTIAL) TO R-3 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITS
THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Cra-Lon Corporation, 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 Residential, County R-2 classification,
to the Bast by Residential, County R-1 classification, to the South
by Residential, City R-3 classification, and to the West by
Residential, City RA-1 classification, and
WHEREAS, the petition of Cra-Lan Corporation was the subject
of a report compiled by the Flathead Regional Development Office,
#KA-98-6, dated November 2, 1998, 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 for Lot 3, and R-3, Single Family Residential for Lot 4
as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report amending the FRDO report and
recommending the property as described be zoned R-3, Single Family
Residential, 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-98-6, as amended by the
Zoning Commission.
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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 R-3, Single Family 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.
SEMON 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 21ST DAY OF DECEIYME, 1998.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
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A tract of land in the Northwest Quarter Northeast Quarter and in the Northeast Quarter
Northwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, described as follows:
Commencing at the one -quarter comer between Sections 8 and 17, Township 28 North,
Range 21 West, P.M.M.; thence South along the mid -section line of Section 17, 45.5.
feet to the True Point of Beginning of the tract to be described: Thence
East 229.5 feet; thence
South 27020' West 105.0 feet; thence
West along the North boundary of Woodland Park subdivision 277.7 feet to the mid-
section line of Section 17; thence
North 93.27 feet along said mid -section line to the point of beginning.