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.