Ordinance 1943 - Zone Change - Ashley Creek Park (Bibler)ORDINANCE NO. 1943
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, DESCRIBED AS ASSESSORS TRACTS 2, 8, 10, 11A, 17 AND 18
LOCATED IN THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AS MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A"; TRACT 2 OF CERTIFICATE OF SURVEY NO. 19545
SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND TRACT 2 OF CERTIFICATE OF SURVEY NO. 19582 SITUATED, LYING AND
BEING IN THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "B" (PREVIOUSLY
ZONED COUNTY R-1(SUBURBAN RESIDENTIAL) AND I-2 (HEAVY INDUSTRIAL)) TO
CITY P-1 (PUBLIC), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Bibler Resources Company and the City of Kalispell, the applicants for the property
described above, petitioned that the zoning classification attached to the above -
described tract of land be zoned P-1 on approximately 25.7 acres of land; and
WHEREAS, the property is located along Ashley Creek; and
WHEREAS, the petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-25-07, dated August 12, 2025, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned P-1, Public, as requested by the petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described P-1, Public, the City Council finds such initial zoning to be consistent with
the Kalispell Growth Policy Plan -It 2035 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-25-07.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance (Ordinance No. 1677) is hereby amended by designating the
property described above as P-1, Public, on approximately 25.7 acres of land.
SECTION 2. 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 3. 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 AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 15TH DAY OF SEPTEMBER 2025.
Mark Johmo
Mayor
ATTEST:
AilAee Brunckhorst, CMC
City Clerk
EXHIBIT A
A PARCEL OF LAND CONTAINING FIVE PARCELS OF LAND AS DESCRIBED IN
BOOK 200, PAGE 198; PARCEL 2 OF COS No.18486; BOOK 35, PAGE 560; BOOK 35,
PAGE 561; BOOK 35, PAGE 562 AND BOOK 35, PAGE 559 LOCATED IN NEU4 AND
NEll4SE114 OF SECTION 13, T. 28 N., R. 22 W. P.M. MONTANA, FLATHEAD
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NE CORNER OF SAID SECTION 13; THENCE
S01001'39"W, 46.95 FEET ALONG THE EAST LINE OF SAID SECTION 13 TO THE
NORTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE S76003107"W, 31.05 FEET
ALONG THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY LINE TO THE WEST
LINE OF SOUTH MERIDIAN ROAD BEING THE POINT OF BEGINNING: THENCE
S01001'39"W, 10352 FEET ALONG THE WEST LINE SAID SOUTH MERIDIAN
ROAD TO THE SOUTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S76003'07"W, 358.82 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY LINE; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 713.95 FEET, ARC LENGTH OF 1077.54 FEET, DELTA ANGLE OF
86028'28", CHORD BEARING OF S32048'53"W AND CHORD DISTANCE OF 978.14
FEET ALONG THE EASTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S10025'21 "E, 2366.04 FEET ALONG THE EASTERLY LINE BNSF RIGHT-OF-WAY
TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF FOYS LAKE ROAD;
THENCE S32051'23"W,145.87 FEET ALONG THE NORTHWESTERLY RIGHT-OF-
WAY LINE OF SAID FOYS LAKE ROAD TO THE WESTERLY LINE OF BNSF
RIGHT-OF-WAY; THENCE N10025'21"W, 2472.24 FEET ALONG THE WESTERLY
LINE OF BNSF RIGHT-OF-WAY; THENCE ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 813.95 FEET, ARC LENGTH OF 180.90 FEET; DELTA
ANGLE OF 12044'02", CHORD BEARING OF N04003'20"W AND CHORD DISTANCE
OF 180.53 FEET ALONG THE WESTERLY BNSF RIGHT-OF-WAY LINE; THENCE
ALONG A NON -TANGENT COMPOUND CURVE TO THE LEFT HAVING A RADIUS
OF 548.69 FEET; ARC LENGTH OF 662.93 FEET, DELTA ANGLE OF 69013'33",
CHORD BEARING OF N52042'34"W AND CHORD DISTANCE OF 623.34 FEET
ALONG THE SOUTHWESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S76003'07"W, 319.97 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE N13056'53"W,
100.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE NW CORNER
OF SAID PARCEL 2; THENCE N76003'07"E, 1877.19 FEET ALONG THE
NORTHERLY LINE OF BNSF RIGHT-OF-WAY TO THE POINT OF BEGINNING OF
SAID PARCEL CONTAINING 14.69 ACRES.
10,141,11
TRACT 2 OF CERTIFICATE OF SURVEY NO.19545 SITUATED, LYING AND BEING IN
THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND
TRACT 2 OF CERTIFICATE OF SURVEY NO.19582 SITUATED, LYING AND BEING IN
THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
ALL CONTAINING APPROXIMATELY 25.5 ACRES