Loading...
03. Ordinance 1459 - Initial Zoning - School District 5 - 2nd ReadingVia••- • SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centu rytel. net www.tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading for Initial Zoning of P-1, Public - Edgerton School MEETING DATE: June 2, 2003 BACKGROUND: This is the second reading for an initial zoning designation of P-1, Public, upon annexation to the city for property that lies on the west side of Whitefish Stage Road and north of West Evergreen Drive. The property is occupied by Edgerton School, an elementary school in the Kalispell Public Schools. The property contains approximately 8.44 acres and is connected to the Kalispell sewer via the North Village Sewer District. . On May 19, 2003 the Kalispell City Council approved the first reading of this ordinance. A public hearing was held before the Kalispell City Planning Board at a special meeting of April 29, 2003 regarding this matter and forwarded a recommendation to the Kalispell City Council that initial zoning for this property should be P-1, Public, upon annexation to the city. RECOMMENDATION: A motion to adopt the second reading of the ordinance for P-1 zoning upon annexation would be in order. FISCAL EFFECTS: Respectfully submitted, Narda A. ilson Senior Planner Minor impacts related to the provision of services. As suggested by the city council. Report compiled: May 28, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • ORDINANCE 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 JUKE, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk LEGAL DESCRIPTION FOR A tract of land, situated; lying and being in the East half of the Southeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Tract 1: Commencing at the Southeast corner of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, which is a found iron pin; thence N 00*03111" 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*56152" W 150.66 feet to a set iron pin;.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*03108" W 480.00 feet to a set iron pin; thence N 89*56152" E 680.00 feet to a set iron pin; thence S 00003108" 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*03111" W and along said East boundary a distance of 120.00 feet to the point of beginning and containing 7.908 acres. SUBJECT TO AND TOGETHER WITH all easements of record.