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.