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3. Ordinance 1737 - Zoning Designation Request - FCEDAORDINANCE NO. 1737 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" AND FURTHER DESCRIBED AS TRACTS 4, 5BA, 5B, 30ICA, 30IB, AND 30S IN THE NORTH HALF OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY I-2 (HEAVY INDUSTRIAL) TO CITY I-2 (HEAVY INDUSTRIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Flathead County Economic Development Authority (FCEDA), the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County I-2, Heavy Industrial, be zoned I-2, Heavy Industrial, on approximately 40 acres of land; and WHEREAS, the property is located on the east side of Whitefish Stage Road, north of East Oregon Street; and WHEREAS, the FCEDA petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report 4KA-14-02, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned I-2, Heavy Industrial, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 8, 2014, and recommended that the zoning be City I-2, Heavy Industrial, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described I-2, Heavy 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. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-14-02. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as I-2, Heavy Industrial, on approximately 40 acres of land. SECTION 2. 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 3. 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 DAY OF , 2014. Mark Johnson Mayor ATTEST: Theresa White City Clerk EXHIBIT CITY OF MUSPELL ANNEXATION EXHIBIT LAND QVIWER: rLATHFAn COUNTY E01--NOUW LICI.,'CLOPWFP17A;,rH✓jrt,'TY A PORTION (IF VVHfTL((8f-WAGEq0A0 A PORVON OF LAS'J"C)PEGON STREET A tract of land located In N112o,'SocticinS, Towrrhin 28 North, Ran,90211 'Fast, P.M. M., FWheacl County, Wrintana more particu,,arly described as frjl1mvq *GINNING at vie soutmwes'lerly anmee o7' Parcel C Df C0011-9to of Survey No. 14786, Theno-. S 7S'3 ('02" W, 31M set to the weswrly rght-D',my of white4rh Stage Road; Thence Plnrg said rght-Y-way the following five f ' �,) .x,,,urses. (1) Nrj4-18'57-'E. 379.73 feet; (2,S 34.2f feet (3) N 1? 5602" W 36q,62 feet; (4) along a cjr%,p M thp,"e'twith P. rarnikiq of ?6,'U real, an afe 4.ngth of 241.24 feet acid a delta angle of 818'38"': (5'� N 28'111'3RYV' I J[5'1 " few; I hence N 63"51'47" E. 60.D() feetto the easterly righ-.-ok"V of 550 'Ashitelsh Stage Road: thence along sal d right -of way the follming two (2) N 63'44'01 " L 49,71 toot (2) 14 22'3T62" W, 303,77 feet; Thence along the northerly boundary of I Mot 2 DI Certificate of Survey No, 19243 the fril ovAnq nire. (9) 00"ll ses. (1) S 5g-'23'1r F, 304 �4 feet: (2) N 53A3'313" E, 367 CCI feet; (3) S 48*04'24" F, 533.99 root: (4) 1, 52158'24" E: 1 b114 feat; (5; S 02-3024' E, 167.08 feet, (6) S 74'20'24' F, f 1&80 fact (7) S 5D'44'241' E, 188.76 feet i8) N 57"23'36" E, 323.40 feet; (g) N 75'61,'36' E, '4493 fee, to thoww.erly boundary of Tract 5 Of i3eallicaw or Survey No. 118380: Thence along sad westerly boundary N 00110122" E, 56.37 feet; 'I hence IN 891r334V E, 73918 feet mIorq the northerly Lounriiry of sald'I'ract 5 to the wasterly boundary W BuWniqton Nortern Reilroad Right•of-Vky: Tt^omco 91crig said right-of-way the "lowing three (31 couraesi (11} S 18*2534" W, 18819 fact: ',2} along a curve to the leftwith a 'acius of 1372,46feet, an arc length of 46 59 'ectand a dolla angle of 1'5742* (3) along a curve., to the left with a rsC jug of 1382.69 11bot, an are length of243.12I feet and a delta angle of 110'06'08P; Thence continuing along said r�ht-of-voay which Is aso the oastarly rigli of East Oregon Street S W27'32" IN, 1070.40 faia° Is $e northerly tsounda-y of -root 1 of Certificate o-'Survey No. 14094 whirl) is also the sout*ierly boundary of East Dragon Sbee% Theme almg cold'boundary beftwo-on saki Tract 1 and East Oregon Street fqe -VItrafric aiqht (0,y courses; (1) N 3623'56" W75,/0 foot: (2) N 67"48%13- W, 96,01 *set; (0) N 7—OZES" W, 75,0 feet (4) S 88*25'05" Vj, 125 C-1 foot; (5) N C,5`38'6V W, 192 C0 feet; (6) 14 86'03'65" VV, 300 feet (7) 8 79"41'05" IN, 42,00 feet; r8) 6 64'oc6'()5""04, 83,16 feet; Thence N 13'49'00" IN, 98.07 fact to Cho northerly boundary of East Oregon Street; Tbenoe along said boundary the fobwkng four (4) coursm (1j,4 51'20'E, 72"73 feet; (2) N 13'46'00" IN, 34.86feet tc 110 scutherly boundary of DoxAl B ofCortificats of Survey No, 1962813) 62'47'3!3" E. 99.39 feet to the wcstody boundary of Tract 4 of Carty to of Survey No, 18380; Thence along said locindafy ft 00 52'41' E, 310.55 feet to the southerly boundary of'Tracl 2 of Cr, tilts ab, ,r S.ovey No. 19246; Thr)ce along said sou?he0V bmindary the following three (3} coursics: il) N 89-411'46" VV, 3:3a.3Q feet; (2) S 11'68'02" E 9,26 feet: (3) S 89'"50'54" W 309,04 foot lc+c easterly right-ol-Nay of"Nth irs1shStage Road; The rice along said right-of-way S 04- 8'69" W, 3&1.08 fee! to the POINT OF RIEGINNING, exCepting therefrom Tract 1 ofCertificate alSurfev No 5547, \Woi is riot part ofti'lis ainexatom. 'Me area to be annoxed includes 0­49 acres more or less, VICINITY MAP MOT TO SCALE ARLIN AVVISM ix-ocor re or st C" - 'a A LEGEND Salts of Soa6�-zys: ro!�i 2 of CettAcsts a 001wrOFSEGINNING Survey 19246 rn, L.)