04. Ordinance 1469 - Initial Zoning - Wayne Turner - 1st ReadingORDINANCE NO.1469
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS EMPIRE ESTATES ADDITION NO. 330 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 1, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-2, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO FAMILY
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wayne E. Turner, the owner of the property described on Exhibit "A", petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned R-4, Two Family Residential, upon annexation, and
WHEREAS, the property is located at the northeast corner of Stillwater Road and Three Mile
Drive, and
WHEREAS, the petition of Wayne E. Turner was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-11, dated June 2, 2003, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned R-4, 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 County
Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report
No. KA-03-11.
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 No. 1460) 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 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 DAY OF JULY, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M., M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
BEGINNING at the northwest corner of the West Half of the Southwest Quarter of
Section 1, Township 28 North, Range 22 West, P.M., M., Flathead County,
Montana, which is a found aluminum cap; Thence along the north boundary of said
W 1 /25W 1 /4, 589018'24" E 4G5.55 feet to the westerly R/W of the proposed
Kalispell By-pass, which point Iles on the chord of a spiral curve ; Thence along said
spiral chord 501 °59'24"E 298.2G feet to the S.C. of a 1427.1 G foot radius curve,
concave northeasterly, having a central angle of 15°OG' I 0"; Thence along an arc
length of 37G. 19 feet to the C.S. of a spiral curve; Thence along the spiral chord of
said spiral curve 527°0730"E 3G I .G4 feet to the S.T, thereof; Thence
529°4328"E 495.82 feet to the T.S. of a spiral curve; Thence along the chord
bearing of said spiral curve 527° 1 VI 4"Iff 32G.79 feet to the S.C. of a I I G4.70
foot radius curve, concave southwesterly, having a central angle of 15°59'OG";
Thence along an arc length of 324.94 feet to the C.S. of a spiral curve; Thence
along the spiral chord of said spiral curve 500°58'45" 32G.7G feet to the S.T.
thereof, which point Iles on the south boundary of said W 1 /25W 1 /4 and the centerline
of a county road known as Three Mile Drive; Thence along said south boundary and
said centerline 589°35'50"W 1245.02 feet to a found aluminum cap and the west
boundary of said W 1 /25W 1 /4 and the centerline of a county road known as Stillwater
Road; Thence along said west boundary and said centerline N00°4G'33"E 2G50. 17
feet to the place of beginning and containing 54.755 ACRES; Subject to and
together with two county roads a5 shown hereon; Subject to and together with all
appurtenant easements of record.
AND, including the following tract of land;
Commencing at the northwest corner of the West half of the Southwest Quarter of
Section 1, Township 28 North, Range 22 West, P.M., M., Flathead County, which 15
a found aluminum cap; Thence along the north boundary of said W I /25W 1/4
5.5139) 824" a distance of 727.55 feet to THE TRUE POINT OF 6EGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said north boundary
589° 18'24"E 589.55 feet to a found pin and the east boundary of said W I /25W 1 /4;
Thence along Said east boundary 500°45'42"W 1447.27 feet to the easterly R/W of
the proposed Kalispell By -Pass, which point lies on the chord bearing of a spiral
curve; Thence along said spiral chord N27°07'30"W 92.57 feet to the S.T. thereof;
Thence N29°43'28"W 498.82 feet to the T.S. of a spiral curve; Thence along the
chord bearing of Said Spiral curve N27° 1 5' 14"W 32G.79 feet to the S.C. of a
I I G4.70 foot curve, concave northeasterly, having a central angle of 15°OG' I 0";
Thence along an arc length of 307.01 feet to the C.S. of a spiral curve; Thence
along the chord bearing of said spiral curve NO °5 1'40"W 2G3.04 feet to the point
of beginning and containing 12,307 ACRES; Subject to and together with all
appurtenant easements of record.