Ordinance 1501 - Zoning - NIPO, LLC - Four CornersORDINANCE NO. 1501
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS FOUR CORNERS ADDITION NO. 321 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 29, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY B-2, GENERAL, BUSINESS) TO CITY B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, NIPO, LLC, 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 between the east side of Highway 93 South and Willow Glen
Drive north of Lower Valley Road, and is undeveloped, and
WHEREAS, the petition of NIPO, LLC was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-I, dated February 4, 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 Stag„Ete. v. Board of County
Commissioners Etc. 590 P2d 602, the findings of fact ofTCPO as set forth in Report
No. KA-03-1.
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 upon annexation.
SECTION It. 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 6TH DAY OF JULY, 2004.
tF
Parnela B. Kennedy'
Mayor
ATTEST:
Theresa White �
City Clerk
EXHIBIT "A"
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 corner of said Section 29, indicated by a found aluminum
monument and which point is the true point of beginning;
Thence S00°19'08"E, on and along the East boundary of said Northeast Quarter of the Northeast
Quarter, a distance of827.51 feet to a point; thence S89°40'52"W, and leaving said East boundary, a
distance of 30.00 feet to a found 518" rebar and which point lies on the West right-of-way boundary
of a 60-foot declared County road known as Willow Glen Drive; thence S 12° 11'34"W, on and along
said West 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 = 26°07'05", radius = 328.08 feet
and radial bearing = N82°24' 19"W), an arc length of 149.55 feet to a found 518" rebar and which
point intersects with the East right-of-way 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 = 09°51'l7", radius = 2972.43
feet and radial bearing = S68°36'47"W), an arc length of 511.25 feet to a found 5/8" rebar; thence
N34°37'28"W, on and along said right-of-way boundary, a distance of 454.04 feet to a found 5/8"
rebar; thence N41°12'07"W, continuing on and along said right-of-way boundary, a distance of
116.00 feet to a found 518" rebar; thence N33°04'41 "W, continuing on and along said right-of-way
boundary, a distance of 173.83 feet to a found 5/8" rebar and which point lies on the North boundary
of said Northeast Quarter of the Northeast Quarter; thence S89°35'48"E, on and along said North
boundary, a distance of 753.33 feet to the true point of beginning.
These tracts contain a total of 9.333 acres and subject to and together with a 60-foot declared County
road along the East boundary as shown hereon and subject to and together with all appurtenant
easements of record.