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.