05. Ordinance 1660 - Zoning with PUD Placeholder - Neil Bertelsen - 1st ReadingReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1660
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS
11FAA, 11KA, 11K, 11W, 11S, 11J, 11H, AND 11V LOCATED IN THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON
EXHIBIT "A", (PREVIOUSLY ZONED COUNTY R-5 (TWO FAMILY RESIDENTIAL))
TO CITY B-2 (GENERAL BUSINESS) WITH A PLANNED UNIT DEVELOPMENT
PLACEHOLDER IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Neil Bertelsen, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tracts of land
be zoned B-2, General Business, with a Planned Unit Development placeholder on
approximately 2.48 acres of land, and
WHEREAS, the property is located on the west side of Highway 93 South approximately 300 feet
west of the intersection of Highway 93 and Cemetery Road, and
WHEREAS, the petition of Neil Bertelsen was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-09-01, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned B-2, General Business, with a Planned Unit Development
placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 14,
2009, and recommended that the zoning be City B-2, General Business, with a
Planned Unit Development placeholder, pursuant to Kalispell City Code
72.21.030(2)(b), and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, with a Planned Unit Development placeholder 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. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact
of KPD as set forth in Staff Report No. KA-09-01.
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 above as B-2, General Business, with a Planned Unit
Development placeholder on approximately 2.48 acres of land.
SECTION II. Further development upon the subject property will require a Planned Unit
Development application and a developer's agreement with the City of
Kalispell.
SECTION III. 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 IV. This Ordinance 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 18TH DAY OF MAY, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
LEGAL DESCRIPTION
NEIL BERTELSEN
Four tracts of land in the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4) of Section
Twenty-nine (29), Township Twenty-eight (28) North, Range Twenty-one (21) West, P.M.M.,
Flathead County, Montana further described as follows:
PARCEL 1: Commencing at the Southwest corner of the said NE1/4NE1/4; thence Northerly, a
distance of 30 feet to the North boundary of the county road; thence East, along the said North
boundary of the county road, a distance of 690 feet to the Point of Beginning; thence continuing East,
along said county road, a distance of 192 feet; thence North 297 feet; thence Westerly, parallel with
the South boundary of the NE1/4NE1/4, 192 feet; thence South 297 feet to the Point of Beginning.
PARCEL 2: Starting from the Southwest corner of said 40 acre subdivision; thence Northerly, along
the West line of said subdivision, a distance of 30 feet; thence Easterly on a line parallel to the South
boundary of said subdivision, a distance of 530 feet to the True Point of Beginning; thence North 165
feet; thence West 12 feet; thence North 132 feet; thence East 172 feet; thence South 297 feet; thence
West 162 feet to the Place of Beginning.
PARCEL 3: Beginning at the Southwest corner of the NE1/4NE1/4 of Section 29, Township 28
North, Range 21 West, P.M.M.; thence Northerly, along a line of said subdivision, a distance of 30
feet; thence Easterly, along a line of said subdivision, a distance of 472 feet to the Place of
Beginning; thence North, a distance of 165 feet; thence East 58 feet; thence South, a distance of 165
feet; thence West, along the line of said subdivision, a distance of 58 feet to the Place of Beginning.
PARCEL 4: Beginning at the Southwest corner of NE1/4NE1/4, Section 29, Township 28 North,
Range 21 West, P.M.M.; thence North, along the West boundary of said subdivision, a distance of
195 feet; thence East, a distance of 512 feet to the Place of Beginning; thence North, a distance of
132 feet; thence East, a distance of 6 feet; thence South, a distance of 132 feet; thence West, a
distance of 6 feet to the Place of Beginning.