Ordinance 1351 - Zoning - Deloris Partnership/Appleway DevelopmentI10
ORDINANCE NO. 1351
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A" (PREVIOUSLY ZONED
COUNTY R-1, SUBURBAN RESIDENTIAL) TO B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Deloris Partnership Group (Appleway Development Co.),
Stanley W. Pine, and Marie M. Sterner, the owners of
property described in Exhibit "A", petitioned the City of
Kalispell that the zoning classification attached to the
above described tract of land be changed to B-2, General
Business, and
WHEREAS, the property as described exists as property surrounded
to the North by a motel and restaurants, City B-2
classification, to the East by a convenience store and
strip mall, City B-2 classification, to the South by
Residential and a junkyard,. County R-1 classification,
and to the West.by a hotel and restaurant, City B-2
classification, and
WHEREAS, the petition of Deloris Partnership Group, et. al, was
the subject of a report compiled by the Flathead Regional
Development Office, #KA-00-1, dated March 6, 2000, in
which the Flathead Regional Development Office evaluated
the petition and recommended that the property as
described above be zoned B-2, General Business as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the
property as described be zoned B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-2, General
Business, the City Council 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 FRDO as set forth in
Report No. KA-00-1.
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. 1175)
is hereby amended by designating the property described
in Exhibit "A" as B-2, General Business.
SECTION II. 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 III. 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 7
AND SIGNED BY THE MAYOR THIS 17TH DAY OF APRIL, 2000.
ATTEST:
Theresa White
City Clerk
rs I .
Wm. E. Boharski
Mayor
EXHIBIT A
LEGAL DESCRIPTION
Deloris/Pine/Sterner - Annexation and initial Zoning
Deloris Group (Tract 1 BA)
Commencing at the Southeast Section corner of said Section 12; thence South 890160911 West, on
and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to
a point; thence North 00"37'03" East, a distance of 30.00 feet to a point which lies on the North
boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of
Beginning; thence continuing North 00°3T03" East, on and along the West boundary of a tract of
land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a
point which lies on the South boundary of a tract of land described in Book 730, Page 457, records
of Flathead County; thence South 89' 16'09" West, on and along said South boundary of a tract of
land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast
comer of a tract of land described in Book 679, Page 767, records of Flathead County; thence South
00°3703" West, on and along the East boundary of said tract of land described in Book 679, Page
767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known
as Appleway Drive; thence North 89° 1609" East, on and along said North boundary of Appleway
Drive, a distance of 66.00 feet to the True Point of Beginning.
Pine (Tract 1B)
Commencing at the southeast corner of the southeast Quarter of Section 12, Township 28 North,
Range 22 West, P.M.,M., Flathead County, Montana, which is a found brass cap on the centerline
of a 60 foot county road known as Appleway Drive; Thence along the south boundary of said
Southeast 1/4 and along said centerline South 89" 16129" West 902.53 feet; Thence leaving said
centerline North 00°37'03" East 30.01 feet to a found iron pin and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing North
00037'03" East 526.98 feet to the approximate thread of Spring Creek; Thence along said thread the
following courses: South 36006'53" East 15.43 feet; South 34°29'55" East 18.83 feet; South
71 °36'41" East 130.46 feet; South 75002'04" West 22.38 feet; South 80°49'07" East 14.76 feet;
North 73 °41'43" East 20.13 feet; North 85°58'01" East 49.11 feet; South 80° 18'30" East 76.32 feet;
South 00" 19'32" West 9.77 feet; South 41 °02'24" East 8.60 feet; Thence leaving said thread South
0003703" West 425.53 feet to a found iron pin on the northerly right-of-way of said Appleway Drive;
Thence along said right-of-way South 89° 16'29" West 330.00 feet to the Point of Beginning and
containing 3.516 acres.
Sterner (Tract 1 E)
Commencing at the Southeast corner of Section 12; thence along the South line of the Southeast 1/4,
also being the center line of Appleway Drive South 89016'29" West 264.06 feet to the Point of
Beginning; thence continuing along said line South 89* 16'29" West 308.57 feet; thence North
00"3T03" East 470.52 feet; thence South 89°22'57" East 117 feet more or less to the South bank
of Spring Creek; thence Northeasterly along the North 00°22'30" East from the Point of Beginning;
thence South 00°22'30" West 598 feet more or less to the Point of Beginning containing 3.64 more
or less acres of land all as shown hereon.