4. Ordinance 1354 - 1st Reading - Initial Zoning Request from Gwenn LeeORDINANCE NO. 1354
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A" (PREVIOUSLY ZONED
COUNTY R-1, SUBURBAN RESIDENTIAL) TO B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Gwenn Lee, the owner of property described in Exhibit
"A", petitioned the City of Kalispell that the zoning
classification attached to the above described tract of
land be changed to B-2, General Business, and
WHEREAS, the property as described exists as property surrounded
to the North by Burlington Northern and houses, City RA-1
classification, to the East by recreational equipment
sales and offices, City I-1 and B-2 classification, to
the South by Residential and undeveloped lots, County R-1
and City R-5 classification, and to the West by
stormwater detention basin and Stillwater Forest
Products, County I-2 classification, and
WHEREAS, the petition of Gwenn Lee was the subject of a report
compiled by the Flathead Regional Development Office,
#KA-00-2, dated April 4, 2000, in which the Flathead
Regional Development 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 -County Planning Board and Zoning
Commission adopted the FRDO 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 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-00-2.
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 2-2, General Business.
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 15TH DAY OF MAY, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
LEGAL DESCRRPTION
Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.K.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast corner of the Ncrtheast Quarter of
Section 13, Township 28 North, Range 22 West, P.M., M., Flathead
County, Montana; Thence along the east boundary of said -NE1/4
S01*09146°"W 158.72 feet; Thence N88501140W 50.00 feet to the
westerly R/W of Meridian Road, which is THE TRW'. POINT OF BEGDDiING
OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W
S01*0914611W 329.09 feet; Thence leaving said R/W N89*35141"W
720.67 feet the southerly R/W of Burlington Northern Railroad,
which point is on a 713.94 foot radius curve, concave southeasterly
(radial bearing S50*2410511E); Thence northeasterly along said R/W
and along said curve through a central angle of 36*33.16" an arc
length of 455.49 feet; Thence N76'09111"E 358.51 feet to the point
of beginning and containing 3.548 ACRES; Subject to and together
with all appurtenant easements of record.