Ordinance 1667 - Zoning with Effective Annexation Date - Chris Neater� Return to:
Kalispell City Clerk
PO Box 1997 ii f
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Paula Robinson, Flathead County MT by NW 9/1J2009 2:37 PM
ORDINANCE NO. 1667
AN ORDINANCE PROVIDING AN EFFECTIVE DATE OF ANNEXATION OF THE
SUBJECT PROPERTY DESCRIBED IN EXHIBIT "A" AND TO AMEND SECTION
27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE,
(ORDINANCE NO.1460), BY ZONING THAT CERTAIN REAL PROPERTY, AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY B-2
(GENERAL BUSINESS)) TO CITY B-2 (GENERAL BUSINESS) AND CITY I-1 (LIGHT
INDUSTRIAL) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
t` AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Chris Neater, the owner of the property as described on Exhibit "A", attached hereto
and incorporated 'herein by this reference, petitioned the City of Kalispell that the
zoning classification attached to the above described tract of land be zoned B-2,
General Business and I-1, Light Industrial, on approximately 1.49 acres of land, and
WHEREAS, on July 6, 2009, the property was annexed by Resolution 5373 with an effective date
of October 21, 2009, and
WHEREAS, the property is located on the west side of Highway 93 South, approximately one -
quarter mile south of the intersection of Highway 93 and Kelly Road, and
WHEREAS, the petition of Chris Neater was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-09-3, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned B-2, General Business and I-1, Light Industrial, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 14,
2009, and recommended that the zoning be City B-2, General Business and I-1, Light
Industrial, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business and I-1, Light Industrial, the City Council finds such
zoning to be consistent with the Kalispell Growth Policy 2020 and 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 KPD as set forth in
Staff Report No. KA-09-3.
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. 1460) is hereby amended by designating the
property described on Exhibit "A" as B-2, General Business and I-1, Light
Industrial on approximately 1.49 acres of land.
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 as well as the annexation of the subject property shall take
effect from and after 30 days of its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF AUGUST, 2009.
ATTEST:
Theresa White
City Clerk
Pamela B. Kenne
Mayor
COR PO-1 `
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Paula Robinson, Flathead County MT by NW Fees: $21.00
9/1/2009 2:37 PM
EXHIBIT "A"
Assessor# 0972913 and 0976768, Document Recording No. 200400216230
Sky Harbor Court Condo Units 1 and 2, being located on:
That portion of the NW1/4SE1/4 of Section 20, Township 28 North, Range 21 West,
Principal Meridian, Flathead County, Montana, described as follows:
Commencing at the most northerly corner of that tract shown as Tract 1 on Certificate of
Survey No. 7123, records of Flathead County, Montana, said corner being on the
Southwesterly Right -of -Way line of U.S. Highway No. 93; thence along said Southwesterly
Right -of -Way line, South 32°50'29" East, a distance of 101.84 feet to the Point of Beginning
of the parcel being described; thence continuing along the Southwesterly Right -of -Way line,
South 32°50'29" East, a distance of 97.84 feet; thence South 57°06'30" West, a distance of
140.00 feet; thence North 32°47'54' West, a distance of 98.03 feet; thence North 57°10'59"
East, a distance of 139.93 feet to the Point of Beginning.
Excepting therefrom that portion described in Bargain and Sale Deed conveyed to the
Montana Department of Transportation recorded October 15, 2002, as Doc. No. 2002-288-
16510, records of Flathead County, Montana.
and
Assessor# 0976769 - Tract 7CEB — Parcel A of Certificate of Survey No. 15916
A tract of land in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 20, Township 28
North, Range 21 West, P.M.M, Flathead County, Montana, described as follows:
Commencing at the southwest corner of Tract 1 as shown on Certificate of Survey No.
11304, 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 Tract 1 the following four
courses:
N32049'42"W 99.93 feet; N57°06'29"E 300.57 feet; N32°57'36"W 99.78 feet, and
N57008'49"E 248.17 feet to a point on the southwesterly right-of-way of U.S.
Highway No. 93.
thence S32°51'21 "E 101.70 feet along said right-of-way to a point on the south boundary of
said Tract 1; thence along the boundaries of said Tract 1 the following seven courses:
S57011'35"W 128.69 feet; S32°51'09"E 98.03 feet; S57006'30"W 58.35 feet;
N32055'01"W 98.04 feet; S57°01'00"W 149.33 feet; S33°06'21"E 97.80 feet and
S57006'30"W 212.55 feet to the point of beginning containing 1.202 acres more or
less.