Ordinance 1501/ZoningORDINANCE NO. 1501
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
I ALI P.F.. LL ZONING ORDINANCE, (ORDINANCE NO, I460)9 BY ZONING CERTAIN
SEAL PROPERTY DESCRIBED AS FOUR CORNERS ADDITION NO. 321 AND
FURTHER E C IBED ON EXHIBIT "A"' LOCATED IN SECTION 29,, TOWNSHIP 8
NORTH, RANGE 21 "BEST, P-M- i., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY B- , GENERAL BUSINESS) TO CITY - (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, NIPO., LL , the owner of the property descn'bed on Exhibit "{A", petitioned the City
of Kalispell that the zoning classification attached to the above described tract of land
be zoned B-, General Business upon annexation, and
WHEREAS, the property is located between the east side of Highway 93 South and willow Glen
Drive north of Lower Valley Road, and is urndveloped, and
WHEREAS, the petition of NiIP O, LLC was the subject of a report compiled by the Tri_ ity
Planning Office, A- 03 -1, dated February 4, 2 003, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned - , General Business as requested by the petition} and
WHEREAS, the Kalispell City Planning Board and. Zoning Col=lssion adopted the TCPO report
and recommended the property as described be zoned B- , General Business, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-, 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- - 608 1 . '.A., and State .Etc. v. Boardof County
Commissioners, Etc. 590 P2d 602, the findings of fact ofT PO as set forth in Report
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
I ALI PELL AS FOLLOWS:
SECTION 1. Section 7.0 , 010. of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 146) is hereby amended by designating the property
described on Exhibit "A" as B - , General Business upon annexation.
SECTION 11. The balance of Section 7.0 .010, Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION II[. This Ordinance shall be effective thirty 0) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCILof THE CITY of K.LI PELL .AND
SIGNED BY THE MAYOR THIS TH DAY of J L , 2004.
E f
33
atel a B . Kennedy /
Mayor
ATTEST:
Theresa white
City Clerk
I I kT4 s . 1. 001.. TI
Land located in the Northeast Quarter of the Northeast Quarter of Section 29, Township 28 North,
Range 21 west, Principal Meridian, Montana, Flathead County, Montana and more particularly
described as follows:
Commencing at the Northeast section comer of said Section 29, indicated by a found aluininum
monument and which point is the true point ofbeginning,
Thence 00' i ' o"E. on and along; the East boundary of said Northeast Quarter of the Northeast
Quarter, a distance of 827.51 feet to a point; thence '40' "W, and -leaving said East bound, a
distance of 30.00 feet to a found 18" rebar and which point lies on the west fight -of -way boundary
of a 0-foot declared County road known as willow Glen Drive; thence S I ' I 1 " 4"W, on and along
said Nest right-of-way boundary, a distance of 94.70 feet to a found 5/8 " rebar and which point is a
point of curvature; Southwesterly, on a curve to the right (delta = 6'07'0", radius = 328.08 feet
and radial bearing = N8 ' 4' l 9"w), an arc length of 149.55 feet to a found 518" rebar and which
point: intersects with the East right -of -ay boundary of U.S. Highway 93 and which point is in the
midst of a curve; thence Northwesterly, on a curve to the left (delta = 0 ° I } i 7", radius = 2972.43
feet and radial bearing = ' "4 7 "w), an arc .length of 511.25 feet to a found 1 "' rebar; thence
N 4:07' "w, on and along said right-of-way -way boundary, a distance of 454.04 feet to a found /8}'
rebar; thence 4I'1 .'o?"w, continuing on and along said right-of-way boundary, a distance of
116,00 feet to a found 18" rebar; thence N'3 '04'4I"W, continuing on and along said z-Ight-of= ay
boundary, a distance of 173.83 feet to a found /" rebar and which point lies on the North boundary
of said Northeast Quarter of the Nortbeast Quarter; thence 89' '4 "E, on and along said North
boundary, a distance of 753,33 feet to the true point of beginning.
These tracts contain a total o f 9.3 3 3 acres and sub j ect to and together with a 0 -foot declared County
road along the East boundary as shown hereon and subject to and together with all appurtenant
casements of record.