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Ordinance 1481/ZoningORDINANCE NO.1481 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS RIVER GLEN ADDITION NO.335 AND FURTHER DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-2, SUBURBAN RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, River Glen Subdivision, LLC, 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 R-3, Single Family Residential, upon annexation, and WHEREAS, the property is located on the east side of South Woodland Drive and south of Quincy Loop, and WHEREAS, the petition of River Glen Subdivision, LLC was the subject of a report compiled by the Tri-City Planning Office, #KA-03-15, dated August 28, 2003, in which the Tri- City Planning Office evaluated the petition and recommended that the property as described above be zoned R-3, Single Family Residential, 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 R-3, Single Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Single Family Residential, 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-03-15. 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 designating the property described on Exhibit "A" as R-3, Single Family Residential, upon annexation. SECTION 11. 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 111. 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 201H DAY OF OCTOBER. 2003. ATTEST: 'Theresa White City CIerk EXHIBIT "A" RIVER GLEN SUBDIVISION All of Lot 26, that portion of the South Woodland R/W immediately abutting Lot 26 and a portion of Lot 25 all in Block One Green Acres Subdivision located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The portion of Lot 25 is further described as follows: Commencing at the southeast corner of said Lot 25, indicated by a found re -bar and which point is the true point of beginning; thence N89° 18'34"W, on and along the south boundary of said Lot 25,-a distance of 300' to a set re -bar; thence N0000647"W on and along the set east boundary, a distance of 172.24' to a set re -bar; thence S89118'34"E on and along the former boundary, a distance of300' to a set re -bar, thence S001106'46"E on and along the east boundary of said Lot 25 a distance of 163.81' to the true point of beginning.