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I1c. Ord 1775 - Zoning - MT Chip PartnersORDINANCE NO. 1775 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 TRACT 1AE IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY I-1 (LIGHT INDUSTRIAL) TO CITY I-1 (LIGHT INDUSTRIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Montana Chip, LLC and Kraig Trippel, the owners 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-1, Light Industrial, be zoned I-1, Light Industrial, on approximately 15,472 square feet of land; and WHEREAS, the property is located on the western end of West Montana Street, north of the railroad tracks; and WHEREAS, Montana Chip, LLC and Trippel's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-16-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned I-1, Light Industrial, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 12, 2016, and recommended that the zoning be City I-1, Light 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-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. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-16-01. 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-1, Light Industrial, on approximately 15,472 square feet 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 19TH DAY OF SEPTEMBER, 2016. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" Commencing at the northwest corner of Parcel 1 of Certificate of Survey No. 18419 (records of Flathead County), which is a found iron pin; Thence S76°18'52"W 64.29 feet to a set iron pin; Thence S 13°42' 14"E 317.35 feet to a set iron pin; Thence continuing S 13°42' 14"E 188.10 feet to a set iron pin on the northerly R/W of the Burlington Northern Santa Fe Railroad; Thence along said R/W S76°17146"W 207.11 feet to a found iron pin on a 468.30 foot radius curve, concave to the northwest (radial bearing of N38°34'08"W); Thence leaving said Railroad R/W northeasterly along a curve to the left, through a central angle of 34°45' 39", for an are length of 284.11 feet to the point of beginning and containing 15,472 Square Feet; Subject to and together all appurtenant easements of record.