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13. Ordinance 1313 - Deloris Partnership Group - 2nd ReadingORDINANCE NO. 1313 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, Deloris Partnership Group, the owner of property described above, 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 restaurants, City B-2 classification, to the East by Residential and Hampton Inn, County R-1 and City B-2 classification, to the South by Residential and a junkyard, County R-1_classification, and to the West by a hotel and restaurant, City B-2 classification, and WHEREAS, the petition of Deloris Partnership Group was the subject of a report compiled by the Flathead Regional Development Office, #KA-99-3, dated May 4, 1999, 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 RA-1, Low Density Residential Apartment, 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-98-6, as amended by the Zoning Commission. 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) H:\attsect\wp\ord\deloris zc.wpd 1 EXHIBIT A A tract of land located in the south half of the southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the east one -sixteenth corner of Sections 12 and 13; thence N00037103" E, on and along the west boundary of the southeast quarter of the southeast quarter of said Section 12, a distance of 30,00 feet to a point which point lies on the north boundary of a 60 foot road known as Appleway Road; thence N89° 16 DVE, on and along said north boundary of Appleway Drive, a distance of 163.00 feet to the true point of beginning; Thence N89° 16''09" E, continuing on and along said north boundary of Appleway Drive, a distance of 167.00 feet to a point which is southwest corner of a tract of land described in Book 469 Page 263, records of Flathead County; Then N00°37'03'E, on and along the west boundary of said tract described in Book 469 Page 263, a distance of 630.00 feet to the northwest corner of said tract described in -Book 469 Page 263; Thence S89°16'09'W; along the south boundary of -a tract of land described in Book 730 Page 457, records of Flathead County-, a distance of 340.45 feet to an existing fence, as indicated on 4B's Addition No. 45, records of Flathead County; Thence S00°41'41'W, on and along said existing fence, a distance of 409.02 feet to a point; Thence N89°16b9E, a distance of 174.30 feet to a point; Thence S00°41'41'W, a distance of 221.00 feet to the true point of beginning. This tract contains 4.045 acres.