Ordinance 1370 - Zoning - Carver155
ORDINANCE NO. 1370
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 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, Dennis Carver, 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 single family residential, County R-2
classification, to the East by a warehouse, County I-1
classification, to the South by Pepsi Warehouse and
Alpine Auction, County I-1 classification, and to the
West by undeveloped lots and Billmayer drilling, County
I-1 classification, and
WHEREAS, the petition of Dennis Carver was the subject of a report
compiled by the Flathead Regional Development Office,
#KA-00-8, dated October 2, 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-00-8.
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 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
(3 0 ) days from and after the date of its final passage
and approval by the Mayor.
156
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 20TH DAY OF NOVEMBER, 2000.
ATTEST:
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T eresa White
City Clerk
W —Bohay-SM -
M.F
Wm. E. Boharski
Mayor
EXHIBIT "A"
Carver Annexation
A Tract of land situated, lying and being in the Southwest Quarter, Northeast Quarter (SW1/4
NE 1/4) of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and
more particularly described as follows:
Commencing at the NW corner of the SWl/4 NE 1/4 of Section 20, Township 28 North, Range 21
West to a point as per Certificate of Survey No. 2532; thence South 89°24' 14" East and along the
North boundary of the SW I /4 NE 1/4 of Section 20 a distance of 300.00 feet to a point which is the
NE comer of Certificate of Survey 2532, the NW corner of Tract "D" of Certificate of Survey 2730
and the True Point of Beginning of the tract herein described; thence continuing (as per Correction
Certificate of Survey No. 2936) South 89°24'14" East and along the North boundary of the SWl/4
NE 1/4 of Section 20 and the North boundary of said Tract "D" a distance of 109.75 feet to a point;
thence South 00100'25" West a distance of 403.90 feet to a point; thence North 81 °52'36" West a
distance of 10.00 feet to a point which is the P.C. of concave Southwesterly curve to the left; thence
Northwesterly along a 954.38 foot radius curve to the left, through a central angle of 06°01'14", an
arc length of 100.28 feet to a point on said curve (radial bearing of S 02*061001 W) which is also the
SE comer of the aforementioned Certificate of Survey 2532; thence North 00°00'25" East along the
Westerly boundary of Tract "D" Certificate of Survey 2730 a distance of 394.70 feet to the Point of
Beginning.
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