Ordinance 1285 - Zoning - Hines574
ORDINANCE NO.
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), CITY B-2, GENERAL BUSINESS, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Donald W. Hines, 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 City B-2, General Business, and
WHEREAS, the property as described exists as property
surrounded to the North by City B-2 classification, to the East by
County B-2 and I-1 classification, to the South by County B-2
classification, and to the West by City I-1 and P-1 classification,
and
WHEREAS, the petition of Donald W. Hines was the subject of a
report compiled by the Flathead Regional Development office, #KA-
98-2, dated March 2, 1998, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned City B-2, General Business, as
requested by the petition, and
WHEREAS, the
Commission issued
be zoned City B-2,
Kalispell City -County Planning Board and Zoning
a report recommending the property as described
General Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described City 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-98-2.
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 #1175) is
hereby amended by designating the property described in
Exhibit A, as City B-2, General Business.
j:wp\ord\Hines
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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
AND SIGNED BY THE MAYOR THIS DAY OF 1998.
ATTEST:
Theresa White
Clerk of Council
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WmT lahwski .
Wm. E. Boharski, Mayor
576
EXHIBIT A
DONALD W. HINES
REQUEST FOR ANNEXATION
#KA-98-2
LEGAL DESCRIPTION
A tract of land in the NW1/4SE1/4 of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
BEGINNING at the most Northerly corner of that tract as shown as
Tract 1, Certificate of Survey #7123, records of Flathead County,
said corner being on the Southwesterly Right -of -Way of U.S. Highway
No. 93; thence
SOUTH 57 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set
iron pin; thence
NORTH 32 Degrees 53 Minutes 10 Seconds WEST 200.20 feet to a found
iron pin; thence
NORTH 57 Degrees 10 Minutes 05 Seconds EAST 259.60 feet to a point
on the Southwesterly R/W of U.S. Highway No. 93; thence,
SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said R/W 199.92
feet to the POINT OF BEGINNING and continuing 1.19 acres, more or
less. Subject to and together with a 30 foot wide access and
utility easement along the Southerly boundary. Subject to and
together with all easements of record.
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