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.