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Ordinance 1479/Phases V-VIIORDINANCE NO. 1479 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 ASHLEY PARK PHASES V-VII ADDITION NO.334 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Somers Land Co., 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 on the west side of Airport Road, south of Ruddy Duck Drive and west of Merganser Drive in the Ashley Park subdivision, and WHEREAS, the petition of Somers Land Co. was the subject of a report compiled by the Tri-City Planning Office, KA-03-14, dated August 5, 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-03-14. 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. 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 2ND DAY OF SEPTEMBER, 2003. ATTEST: Theresa White City Clerk EXHIBIT A ASHLEY PARK PHASES 5, 6 & 7 PURPOSE OF SURVEY: ANNEXATION DESCRIPTION: A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTK, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northwest corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said NW1/4SE1/4 N88039110"E 692.53 feet to a found iron pin on the west boundary of the Plat of ASHLEY PARK, PHASE 3 (records of Flathead County, Montana); Thence along said boundary S01°21'29"E 107.05 feet to a found iron pin; Thence S3801313311W 85.62 feet to a found iron. pin; Thence S0102112911E 487.00 feet to a found iron pin and the southwest corner of said Phase 3; Thence along the south boundary of said Phase 3, N88039'10"E 560.00 feet to the southeast corner of said Phase 3; Thence along the east boundary of said Phase 3, N01021' 29"W 37.00 feet to a found iron pin and the southwest corner of the Plat of ASHLEY PARK, PHASE 2 (records of Flathead County, Montana); Thence along the south boundary of said Phase 2, N8803813111E 286.00 feet to a found iron pin; Thence S0102112911E 37.00 feet to a found iron pin; Thence N88038131"E 274.00 feet to a found iron pin and the northwest corner of the Plat of ASHLEY PARK, PHASE 4 (records of Flathead County, Montana); Thence along the west boundary of said Phase 4, S0102112911E 487.12 feet to a found iron pin; Thence S8803815211W 5.00 feet to a found iron pin; Thence S01021129"E 169.65 feet to a found iron pin on the south boundary of the North Half of said Southeast Quarter of Section 19; Thence leaving said west boundary of Phase 4 and along said south boundary of said N1/2SE1/4 S8900315211W 1194.31 feet to the northeasterly R/W of Burlington Northern Railroad; Thence along said R/W N3604414711W 586.27 feet to a found iron pin and the P.C. of a 5399.14 foot radius curve, concave southwesterly, having a central angle of 02055100"; Thence along an arc length of 274.85 feet to a found iron pin; Thence N3903914711W 103.97 feet to a found iron pin on the west boundary of said NW1/4SE1/4; Thence leaving said R/W and along said west boundary N0001610011W 528.89 feet to the point of beginning and containing 31.395 ACRES; Subject to and together with all appurtenant easements of record.