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3. Ordinance 1645 - Amend Zoning Ordinance 1481 - River Glen Subdivision - 2nd ReadingREPORT TO: Kalispell Mayor and City council FROM: Sean Conrad, Senior Planner James H. Patrick, city Manager SUBJECT Second Reading: Loma Wilson. -- R-3 zoning boundary adjustment for the River Glen Subdivision due to a de --annexation of an approximately 3,441 square foot strip of land - South. Woodland Drive and Quincy Loop MEETING DATE: September 15, 2008 BACKGROUND: This is the second reading on ordinance 1645 to remove the R--3 zoning designation on a 10-foot wide by 320--foot long portion of the adjacent lot to the south of the River Glen Subdivision. The lot to the south., owned by Lorna Wilson mistakenly had a 10 -foot wide by 326--foot long portion (3,441 square feet) annexed into city limits. The city council approved the de -annexation at its September 2, 2008 regular meeting. RECO111 MNDATION: A motion to approve the second reading of ordinance 1645 to amend the R-3 zoning district boundary would be in order. FISCAL EFFECTS: No negative fiscal impacts will occur. ALTERNATIVES: As suggested by the city council. Respectfully submitted, � Sean Conrad �F arnes H. Patrick Senior Planner City Manager Report compiled: September 8, 2008 c: Theresa white, Kalispell City Clerk ORDINANCE NO. 1645 AN ORDINANCE TO AMEND ORDINANCE 1481, WHICH AMENDED SECTION 27.02,010, OFFICIAL ZONING MAP, CITY OF KA.LISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY REMOVING THE ZONING FOR CERTAIN REAL PROPERTY AS DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P,M.M., FLATHEAD COUNTY, MONTANA FROM CITY R-3 (SINGLE FAMILY RESIDENTIAL) AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, on October 6, 2003, the City Council of the City of Kalispell, Montana, approved Ordinance 1481, which changed the zoning on certain real property located on the east side ❑f South woodland Drive, south of Quincy Loop, from County R-2, Suburban Residential, to City R-3, Single Family Residential, and WHEREAS, Lorna M. Wilson, the owner of a portion of the real property zoned, petitioned the City of Kalispell to exclude that portion of the property which was incorrectly included in ordinance 1481 and is more particularly described on Exhibit "A", and WHEREAS, on September 2, 2008, the City Council of the City of Kalispell held a public hearing, after due and proper notice, and received public comment upon, the request to exclude that certain property, and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed exclusion, the City Council of the City of Kalispell finds that it is in the best interest of the City to exclude that territory as more particularly described on Exhibit "A", attached hereto. 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 Zoning Ordinance, (Ordinance No. 1460) is hereby amended by removing the property described on Exhibit "A" from the official Zoning Map upon exclusion from the City of Kalispell. SECTION II. 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 III. This ordinance shall tame 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 IALISPELL, MONTANA, THIS 15TH DAY OF SEPTEMBER, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a reap or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 89' 17' 5 8" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89°18'38" W, 326.25 feet to a point on the West line of said Lot 25A; thence N 00004'33" W, along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less.