Ordinance 1459 - Zoning - Edgerton - School District 5ORDINANCE NO.1459
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO.1439), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS EDGERTON ADDITION NO. 328 AND
FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 32, TOWNSHIP 29
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY RA-1, RESIDENTIAL APARTMENT) TO CITY P-1 (PUBLIC), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, School District 5, the owner of the property described on Exhibit "A", petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned P-1, Public, upon annexation, and
WHEREAS, the property is located at 1400 Whitefish Stage Road, and
WHEREAS, the petition of School District 5 was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-4, dated April 22, 2003, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned P-1, Public, as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned P-1, Public, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described P-1, Public, the City Council finds such initial 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 TCPO as set forth in Report No. KA-03-4.
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
Interim Zoning Ordinance, (Ordinance No. 1439) is hereby amended
by designating the property described on Exhibit "A" as P-1, Public,
upon annexation.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Interim Zoning Ordinance not amended hereby shall remain
in full force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 2ND DAY OF
C'160611
Theresa White
City Clerk
EXHIBIT A
LEGAL DESCRIPTION FOR
EDGERTON SCHOOL ANNEXATION
A tract of land, situated; lying* and being in the last half of the
Southeast. Quarter of Section 31, Township 29 North, Range 21 West,
P.M.H., Flathead County, Montana, and more particularly described as
follows to Wit:
Tract 1:
Commencing at the -Southeast corner of Section 3.1, Township 29 North,
Range 21 Kest, P.M.M., Flathead County, Montana, which is
a found'
iron pin; thence
N 00'0311I" E and along the East.boundary of said Section
31 a
distance of 1009.69 feet to a found -iron pin and the True
Point of
Beginning of the tract of land herein described; thence
S 89 036' 52" W 150.66 feet to a set iron pia; . thence
S 00*03108" E 90.00 feet to'a set iron pin; thence-
S 89*56152" W 680.00 feet to a set iron pin; thence
N 00'03'08" W 480.00 feet to a set iron pin; thence
N 89*56152" E 680.00 feet to a set iron pin; thence
S 00*03108" E 270,.00 feet to a set iron pin; thence .
N 89*56152" E 150.88 feet to a found iron pin on the East
boundary
of said Section 31; thence
S 00'03"11" W and along said East boundary a distance of
1.20.00•feet
to the point of beginning and containing 7.908 acres.
SUWBCT TO AND TOGETHER WITH all easements of record.