5. Ordinance 1667 - Initial Zoning - Chris Neater - 2nd ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Second Reading: Chris Neater - Initial Zoning of B-2 (General
Business) and I-1 (Light Industrial)
MEETING DATE: August 17, 2009
BACKGROUND: This is the second reading on a request for an initial zoning designation
of B-2, General Business and I-1, Light Industrial, on two lots totaling approximately 1.49
acres in size. The property is located on the west side of Highway 93 approximately 1/4 of a
mile south of the intersection of Highway 93 and Kelly Road.
The eastern half of the property is developed with two separate buildings for commercial
businesses with the address of 2450 Highway 93 South. The western portion of the
property is vacant. The 1.49 acre site includes assessor's tract number 7CEB and can be
legally described as parcels A and B of Certificate of Survey 15916 located in the SW 1/4
and the SE 1/4 of Section 20, Township 28 North, Range 21 West.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of August 3, 2009.
RECOMMENDATION: A motion to approve the second reading of the ordinance for initial
zoning would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully su tted,
Sean Conrad Jane Howington
Senior Planner City Manager
Report compiled: August 10, 2009
c: Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
ORDINANCE NO. 1667
AN ORDINANCE PROVIDING AN EFFECTIVE DATE OF ANNEXATION OF THE
SUBJECT PROPERTY DESCRIBED IN EXHIBIT "A" AND TO AMEND SECTION
27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE,
(ORDINANCE NO. 1460), BY ZONING THAT CERTAIN REAL PROPERTY, AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY B-2
(GENERAL BUSINESS)) TO CITY B-2 (GENERAL BUSINESS) AND CITY I-1 (LIGHT
INDUSTRIAL) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Chris Neater, the owner of the property as described on Exhibit "A", attached hereto
and incorporated herein by this reference, petitioned the City of Kalispell that the
zoning classification attached to the above described tract of land be zoned B-2,
General Business and I-1, Light Industrial, on approximately 1.49 acres of land, and
WHEREAS, on July 6, 2009, the property was annexed by Resolution 5373 with an effective date
of October 21, 2009, and
WHEREAS, the property is located on the west side of Highway 93 South, approximately one -
quarter mile south of the intersection of Highway 93 and Kelly Road, and
WHEREAS, the petition of Chris Neater was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-09-3, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned B-2, General Business and I-1, Light Industrial, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 14,
2009, and recommended that the zoning be City B-2, General Business and I-1, Light
Industrial, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business and I-1, Light Industrial, the City Council finds such
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 State, Etc. a. Board of
County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in
Staff Report No. KA-09-3.
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 and I-1, Light
Industrial on approximately 1.49 acres of land.
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 as well as the annexation of the subject property shall take
effect from and after 30 days of its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS DAY OF , 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Assessor# 0972913 and 0976768, Document Recording No. 200400216230
Sky Harbor Court Condo Units 1 and 2, being located on:
That portion of the NW1/4SE1/4 of Section 20, Township 28 North, Range 21 West,
Principal Meridian, Flathead County, Montana, described as follows:
Commencing at the most northerly corner of that tract shown as Tract 1 on Certificate of
Survey No. 7123, records of Flathead County, Montana, said corner being on the
Southwesterly Right -of -Way line of U.S. Highway No. 93; thence along said Southwesterly
Right -of -Way line, South 32°50'29" East, a distance of 101.84 feet to the Point of Beginning
of the parcel being described; thence continuing along the Southwesterly Right -of -Way line,
South 32°50'29" East, a distance of 97.84 feet; thence South 57°06'30" West, a distance of
140.00 feet; thence North 32°4754' West, a distance of 98.03 feet; thence North 5710'59"
East, a distance of 139.93 feet to the Point of Beginning.
Excepting therefrom that portion described in Bargain and Sale Deed conveyed to the
Montana Department of Transportation recorded October 15, 2002, as Doc. No. 2002-288-
16510, records of Flathead County, Montana.
and
Assessor# 0976769 - Tract 7CEB — Parcel A of Certificate of Survey No. 15916
A tract of land in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 20, Township 28
North, Range 21 West, P.M.M, Flathead County, Montana, described as follows:
Commencing at the southwest corner of Tract 1 as shown on Certificate of Survey No.
11304, records of Flathead County, said corner being the True Point of Beginning of the tract
of land herein described; thence along the boundaries of said Tract 1 the following four
courses:
N32049'42"W 99.93 feet; N57°06'29"E 300.57 feet; N32°57'36"W 99.78 feet, and
N57008'49"E 248.17 feet to a point on the southwesterly right-of-way of U.S.
Highway No. 93.
thence S32°51'21 "E 101.70 feet along said right-of-way to a point on the south boundary of
said Tract 1; thence along the boundaries of said Tract 1 the following seven courses:
S57011'35"W 128.69 feet; S32°51'09"E 98.03 feet; S57°06'30"W 58.35 feet;
N32055'01"W 98.04 feet; S57°01'00"W 149.33 feet; S33°06'21"E 97.80 feet and
S57006'30"W 212.55 feet to the point of beginning containing 1.202 acres more or
less.