Ordinance 1458 - Zoning - Dorthey GetzORDINANCE NO.1458
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO.1439), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS GETZ ADDITION NO. 327 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-1, RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Dorthey Getz, the authorized representative of the owner of the property described on
Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to
the above described tract of land be zoned B-2, General Business, upon annexation,
and
WHEREAS, the property is located on the south side of Appleway Drive and 700 feet west of
Meridian Road, and
WHEREAS, the petition of Dorthey Getz was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-7, dated April 22, 2003, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned B-2, General Business, as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, the City Council finds such initial 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 TCPO as set forth in Report
No. KA-03-7.
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
Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended
by designating the property described on Exhibit "A" as B-2, General
Business, upon annexation.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Interim Zoning Ordinance not amended hereby shall remain
in full force and effect.
SECTION 111. 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 2ND, DAY OF
ATTEST:
Theresa White
City Clerk
EXHIBIT A
LEGAL DESCRIPTION FOR
DORTHEY GETZ ANNEXATION
A tract of land located in the NEI/4NE1/4 of Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at a point as shown on Deed Exhibit recorded in Book 410, Page 454-
of Deeds as the Northeast corner of Section 13; thence along the North
line of Section 13
West a distance of 760.00 feet to a point; thence
South a distance of 30.00 feet to the Point of Beginning; thence
South 01*46'32" West a distance of 201.22 feet on the Northwesterly line of
the Burlington Northern Railroad right of way; thence along the right of
way line
South 76*50,550 West a distance of 542.31 feet to a point; thence
North 01*08,51" East a distance of 324.58 feet to a point on the southerly
line of Appleway Drive; thence along the Southerly line
to the Point of Beginning.