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.