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Ordinance 1735 - Zone Change - West View EstatesZONINGAN ORDINANCE TO AMEND SECTION 27.02,010, OFFICIAL MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677)9 BY ZONING CERTAIN REAL PROPERTY LOCATED IN [ TRACT ." LAND, SITUATED, AND BEING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED ZONED . DATE. CITY RA-2 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE KalispellWHEREAS, Owl Corporation, the owner of the pro-perty described above, petitioned the City of izoningr a # attached to -tractof land fullydescribed in Exhibit "A", attached hereto and fully incorporated herein by this reference, be zoned RA-2, Residential Apartment/Office, on approximately 10 acres of land; and WHEREAS, the property is located in the westerly portion oft e southern 7o feet of West View Estates; and WHEREAS, Owl Corporation's petition was the subject of a report compiled by the Kalispell Planning Department, Revised Staff Report #KZC- 13 -02, dated November 27, 2013, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-2, Residential Apartment/Office, and that additional property of about 7 acres located to the east of this in West View Estates be # !Residential/Professional requested by thepetition; and KalispellWHEREAS, the r Board held a PublicHearing on the matter on r 10, 2013, and recommended that the 10 acre westerly portion with RA- I zoning be amended to City RA-2, Residential Apartment/Office, but that the current R-3, Residential,, zoning remain intact, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described Residential a , the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion # set forth in Section #'' # and State, Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Revised Staff Report #KZE-13-02. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described in Exhibit "A" attached hereto and incorporated fully herein by this reference as RA-2, Residential Apartment/Office, on approximately 10 acres of land. SECTION 2. 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 3. 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 18TH DAY OF FEBRUARY., 2014. F MTN"= Z Theresa White City Clerk Mark Johns Mayor amm-�wvlm A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER 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 comer of the Southwest Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; Thence along the west boundary of said SW 1/4SW 1/4 NOO'06'40"W 579.34 feet; Thence N89'59'1 I" 915.08 feet; Thence SOO'00'23"W 581.41 to the south boundary of said SWI/4SW1/4; Thence along said boundary N89'53'02"W 913.89 feet to the point of beginning and containing 12.184 ACRES; Subject to and to ether with all appurtenant easements 'of record. 9 FXCEPTING therefrom a strip of land described in Bargain and Sale Deed #200700025082, containing 1. 10 ACRES, more or less.