Ordinance 1331 - Zoning - Smith Food & Drug71
ORDINANCE NO. 1331
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 B-
3, COMMUNITY BUSINESS) TO B-4 (CENTRAL BUSINESS DISTRICT), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Smith Food and Drug Centers, Inc., the owners of
property described above, petitioned the City of Kalispell that the
zoning classification attached to the above described tract of land
be changed to B-4, Central Business District, and
WHEREAS, the property as described exists as property
surrounded to the North by convenience stores and gas stations,
City B-3 classification, to the East by offices and undeveloped
property, B-3 classification, to the South by an unoccupied
industrial building, I-1 classification, and to the West by the B&B
Shopping Center and Tidyman's, B-4 and 3-3 classifications, and
WHEREAS, the petition of Smith Food and Drug Centers, Inc. was
the subject of a report compiled by the Flathead Regional
Development Office, #KCZ-99-3, dated July 6, 1999, in which the
Flathead Regional Development Office evaluated the petition and
recommended that the property as described above be zoned B-4,
Central Business District, 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-4, Central Business District, and
WHEREAS, after considering all
the evidence submitted on
the
proposal to zone the property as described B-4, Central Business
District, the City Council adopts, based upon the criterion set
forth in Section 76-3-60B, 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. KZC-99-3.
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-4, Central Business District.
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
(30) days from and after the
and approval by the Mayor.
shall be effective thirty
date of its final passage
PASSED AND APPROVED BY THE CITY C9UNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS � DAY OF AUGUST, 1999.
WMI .foharAi
Wm. E. Boharski
Mayor
ATTEST:
T eresa White
City Clerk
72
Exhibit A
Zone Change from B-3 to B-4
Smith Food and Drug Centers, Inc.
Legal Detcription
A tract of land situated, lying and being in the Northeast Quarter of the Southeast
Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter of Section 8,
Township 28 North, Range 21 West, P. .M., Flathead County, Montana and more
particularly described as follows to wit:
Lots 1 through 12 inclusive of Block 19 of Kalispell, according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
Excepting therefrom the Northerly 4 feet of said Lot I and Lot 12, Block 19 of
Kalispell,
And -
Lots 1 through 5 inclusive and Lots 8 through 12 inclusive in Block 22 of
Kalispell; according to the map or plat thereof on file and of record in the office of the
Clerk and Recorder of Flathead County, Montana.
And
That portion of vacated alley running through said Blacks 19 and 22 of Kalispell
affixing to the above described property and that portion of vacated Montana Street
running between said Blocks 19 and 22 of Kalispell.
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