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07. Ordinance 1452 - Initial Zoning - West View Estates - 1st ReadingORDINANCE NO. 1452 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS WEST VIEW ADDITION NO. 325 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-3 (RESIDENTIAL) AND CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Owl Corporation, 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-3, Residential and RA-1, Low Density Residential Apartment, upon annexation, and WHEREAS, the property is located on the northeast corner of Stillwater Road and West Reserve Drive, and WHEREAS, the petition of Owl Corporation was the subject of a report compiled by the Tri-City Planning Office, #KA-03-8, dated March 31, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-3, Residential on approximately 48 acres and RA-1, Low Density Residential Apartment on approximately 10 acres, 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-3, Residential, and RA-1, Low Density Residential Apartment, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Residential, and RA-1, Low Density Residential Apartment, 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-03-8. 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 Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended by designating the property described on Exhibit "A" as R-3, Residential on approximately 48 acres, and RA-1, Low Density Residential Apartment on approximately 10 acres, upon annexation. SECTION 11. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Interim 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 MAY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" A tract of land, situated, lying and being in the West Half of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the southwest corner of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, which is a found iron pin on the centerline of a 60 foot county road known as Stillwater Road; thence along the west boundary of said SW 1/4 and along said centerline N 00°06'40" W 1982.69 feet; thence leaving said west boundary and said centerline N 89'59' 11" E 1327.96 feet to a set iron pin on the east boundary of the West Half of the Southwest Quarter of said Section 25; thence along said east boundary S 00°00'23" W 1985.86 feet to the southeast corner thereof and the centerline of a 60 foot county road known as West Reserve Drive; thence along said centerline and along the south boundary of said SW 1/4 N 89°53'02" W 1323.89 feet to the point of beginning and containing 60.396 acres. Subject to and together with all appurtenant easements of record.