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Ordinance 1366 - Zoning - Park Bottling Co146 ORDINANCE NO. 1366 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 B-2, GENERAL BUSINESS AND COUNTY I-1, LIGHT INDUSTRIAL) TO CITY I-1 (LIGHT INDUSTRIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Park Bottling Company, the owner 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 I-1, Light Industrial, and WHEREAS, the property as described exists as property surrounded to the North by businesses, City B-2 and County I-1 classification, to the East by Alpine Auction and mini storage, County I--1 classification, to the South by Stillwater Slough and commercial, County I-1 classification, and to the West by office and boat sales and storage, County B-2 classification, and WHEREAS, the petition of Park Bottling Company was the subject of a report compiled by the Flathead Regional Development Office, #KA-00-4, dated September 5, 2000, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned I-1, Light Industrial 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 I-1, Light Industrial, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described I-1, Light Industrial, 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-00-4. 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 I-1, Light Industrial. 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. 1 1 1 147 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 2ND DAY OF OCTOBER, 2000. Wm. E. Boharski Mayor ATTEST: Z 2- T eresa White City Clerk EXHIBIT "A" i A r4ract of land in the SE 1/4 NW 1/4 and SW 1/4 NE 1/4 of Section 20,1 Township 28 North, Range 21 West, P.M.,M., Flathead County; Mo4tana, described as follows: Commencing at the center quarter corner of said Section 20, thence N00i*03-034" E 520.64 feet to a corner on the south boundary of Parcel "C" as shown and described on Certificate of Survey No. 12131, records of Flathead County, said corner being the TRUE POINT OF�BEGINNING of the tract of land herein described; thence along the boundaries of said Parcel "C" the following six courses; i N00005133" E 111.06 feet; S89°55109" W 136.07 feet; U25038109" W 16G1.58 feet; N64°23-51" E 145.34 feet to a point of curvature; thence along a curve to the right, with a radial bearing of 525�03414311 E, a radius of 330,43 feet, through a central angle of 27,271471110 for an arc length of 158.38 feet to a point having a ra ial bearing of N0105310411 E; thence S88°10'13" E 57.62 feet to th northwest corner of Tract "1" as shown and described on Certificate of Survey No. 2935, records of Flathead County; thence along the boundaries of said Tract "1" the following four courses: S8 °59'38" E 158.39 feet to a point of curvature; thence along a cu ve to the right, with a radial bearing of S01054131" W, a radius of1894.38 feet, through a central angle of 024'1G141", for an arc length of 34.00 feet to a point having a radial bearing of N04°05112" E; thence S0000310411 E 495.86 feet; N64°47147" W 212.55 feet to the southeast corner of said Parcel "C" on Certificate of Survey No. 12331; thence N6500212711 W 151.33 feet to the point of beginning containing 3.997 acres more or less, being subject to and together with all appurtenant easements of record. i