Resolution 5121A - Adopting an Amendment to Growth Policy 2020 - Eisinger Properties, LLC"0061a2 619(SO
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Theresa White
Kalispell City Clerk
P.O. Box 1.997
Kalispell, MT 59903 � ......
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RESOLUTION No. 5 21A
A RESOLUTION ADOPTING AN AMENDMENT TO THE KAIS E L GROWTH
POLICY 2 2 , TO BE KNOWN AS THE EISINGER GROWTH POLICY AMENDMENT,
WHEREAS,, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City
Council on February 18, 2003, and
WHEREAS,, Eisinger Properties LLC and Lyle and Joanne Davis, on the 1. th day of April, Zoo ,
made an application to amend said Growth Policy by amending the land use
designation on 1.5.4 acres from Neighborhood Commercial and Suburban Residential
to Commercial, and
WHERIF,AS, the area included 's within Section 30, Township 29 North, Range 21 West, Flathead
County and more particularly located at 2545 and 2563 Highway 93 North, Kalispell,
Montana, and
WHEREAS, on May 9, 200, the Kalispell City Planning Board held a public hearing, after due
and proper notice, received public comment upon, and reviewed Kalispell Planning
Department report KG.PA-o - 1, which evaluated the proposal based upon the goals
and objectives of the Growth Policy, the purpose of zoning and current circumstances
stances
in the planning jurisdiction; and
WHEREAS, at the conclusion of said public hearing and after consideration of the proposed
amendment, the Kalispell City Planning Board, on a tic vote, failed to adopt report
KGPA-o - , as the findings of fact and which recommended approval of the
proposed Growth Policy amendment, and
WHEREAS, the City Council of the City of Kalispell, on .dune 5, 2006, passed Resolution 5118, a
Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the
Kalispell Growtb Policy 2020, and
WHEREAS, the City Council of the City of Kalispell .finds that it is in the best .interest of the City
to amend the Kalispell Growth Policy 2020 by amending the land use designation o
Neighborhood Commercial and Suburban. Residential to Commercial at those
2006:13;a 0(816D
properties located within Section 30, Township 29 North, Range 21 West, Flathead
County and more particularly described on Exhibit "A", attached .ere :o.
NOW, THEREF RE1 BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY OF
KALISPELL� AS FOLLOWS:
SECTION 1. That pursuant to Section - . -- 0 , MCA, the City Council of the City of
Kalispell hereby adopts an amendment to the Kalispell Growth Policy 2020,
said amendment consisting of amending the land use designation o
Neighborhood Commercial and Suburban Residential to Commercial at those
properties located within Section 30, Township 29 North., Range 21. West,
Flathead County and more particularly described on Exhibit "A", attached
hereto.
SECTION . This Resolution shalt become effective immediately upon its passage by the
City Council.
PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR OF HE
CITY of KAIS E ., THIS . 9 H DAY of JUNE, 2006,
Pamela B. Kenn
Mayor
ATTEST:
ILI
Theresa White
City Clergy.
1:006192 O'St J;0
EXHIBIT A"
Tract 4C (Davis)
That portion of Government Lot 4, Section 30, Township 29 North, Range 21 West, .M.K,
Flathead County, Montana, described as follows:
Commencing at the Southwest corner of Section 30; thence North '0 ' 5 " East 124.22 feet to
the west line of U.S. Highway No. 3; thence along the West line of the highway, North
00023' '" East 734.40 feet to the Point of Beginning; thence continuing along the West line o
the ,highway, North `23' 1 " East 2 73.09.feet; thence South 8 943'05" East 823 feet, more or
less, to the thread of Stillwater River; thence Southerly along the read of the river 281 feet,
.ore or less, to a point which bears South ' 3' " East from the Point of Beginning; thence
North ° 3' " West 829 Feet, more or less, to the Point of Beginning containing 5.29 acres,
more or less, of lard all as shown hereon.
Subject to and together- with casement of record.
Traci 41 (Eisinger)
That portion of the Southwest 1 , Section 30, Township 29 North, Range 21 West, .M.M,,
Flathead County, Montana deser-bed as follows:
Commencing at the Southwest corner of Section 30; thence North ' " East 124.22 feet to
the intersection of the North lire of West Reserve Drive with the East line of U.S, f ghway No.
3; thence along the East line of U.S. Highway No. 93 North 00 1 ' "' East 734.40 Feet to the
Point of Beginning; thence retracing South 0 '1 "55" West 734.40 feet; thence South 10 ' 3"
East 400. Feet, along the North lime of the West Reserve Drive; thence South 8 991' 5 4"" East
104.15 `eet, along the North line of the west Reserve Drive; thence North 012 '21 " East 454.73
feet; thence South 033'3"' East 20.80 feet; thence North 00°2' 1" East 14 feet more or less
to the centerline of Stillwater River; thence Northerly along the centerline of the river 385 Feet
more or less to a point which bears South ' 3'0 " East from the Point of Beginning; thence
North 8 9 ° 3'0 " west 8 31 feet more or Tess to the Point of Beginning containing 1 . 10 acres o
land all as shown hereon.
Subject to easements of record.