03. Ordinance 1365 - Initial Zoning of MDOT Annexation - 1st ReadingAN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF i ORDINANCE,(ORDINANCE iZONING
COUNTYCERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT -A- (PREVIOUSLY ZONED
R-1, SUBURBAN RESIDENTIAL) TO(PUBLIC), IN
ACCORDANCE
i CITY -COUNTY PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, the Montana Department of Transportation, the owner of
property described in Exhibit "A", petitioned the City of
Kalispell to annex said property, and
WHEREAS, the property as described exists as property surrounded
to the North by Pack & Co., City B-2 classification, to
the East by agricultural, County AG-80 classification, to
the South by Kalispell Youth Complex, City P-1
classification and Flathead Valley Community College,
City R-1 classification, and to the West by agricultural,
County SAG-10 classification, and
WHEREAS, the petition of MDOT was the subject of a report compiled
by the Flathead Regional Development Office, #KA-00-5,
dated September 5, 2000, in which the Flathead Regional
Development Office evaluated the petition and recommended
that the property as described above be zoned P-1,
Public, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the
property as described be zoned P-1, Public, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described P-1, Public,
the City Council 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 FRDO as set forth in Report No. KA-
00-5.
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. 1175)
is hereby amended by designating the property described
in Exhibit "A" as P-1, Public.
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 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 OCTOBER, 2000.
Wm. E. Boharski
Mayor
Theresa White
City Clerk
Montana Department of Transportation - Annexation and Initial Zoning
September 12, 2000
Page 3
EAZLIBIT A
F �3n&AW*Jos LW*Y
ANNEXATION
LEGAL DESCRIPTION
A portion of U.S. Highway No. 93 located in Section 3 1, Township 29 North, Range 21 Wesm
P.M.M. and Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana. I
F"U, of the right of way of U.S. Highway No. 93 extending northerly from the northerly
boundary line of the NE 1/4, NE 'ASection 1, Township 28 North, Range 22 West, P.M.M., to
the westerly extension of the southerly boundary line of the tract of land described in
Reception Number 9321115400, and shown as Tract 1 on Certificate of Survey No. 7860,
records of Flathead County, Montana.