Ordinance 1404 - Zoning and PUD - DNRC223
ORDINANCE NO. 1404
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT ON CERTAIN REAL
PROPERTY OWNED BY THE DEPARTMENT OF NATURAL RESOURCES AND
CONSERVATION (DNRC) KNOWN AS SECTION 36.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS
FOLLOWS:
SECTION I. " That the Planned Unit Development proposed by
the Department of Natural Resources and Conservation, upon the
real property described in Exhibit "A", attached hereto,
incorporated herein, and thereby made a part hereof, is hereby
approved, subject to the following conditions:
1. That the development of the site shall be in substantial
compliance with the Section 36 Neighborhood Plan as
amended through the MEPA process, the Development
Agreement, application, the site plan and conditions for
the PUD as approved by the City Council.
2. The proposed development areas within the site shall be
substantially the same as indicated on the preliminary
site plan submitted with the application or as modified
by these conditions.
3. That the plans and specifications for water, sewer,
drainage and grading shall be designed and installed in
accordance with the Kalispell Design and Construction
Standards and shall be subject to review and approval by
the Kalispell Public Works Department at the time of
subdivision review.
4. The fire access and suppression system shall be reviewed
and approved by the Kalispell Fire Department for
compliance with the Uniform Fire Code.
5. A plan shall be developed and in place that addresses the
grading, revegetation, irrigation and maintenance of the
undeveloped areas that creates a weed free, dust -free
area until such time as that phase is fully developed.
6. That the necessary easements be obtained for the
extension of water and sewer services to the site.
7. That a traffic impact study be completed which identify
all expected traffic impacts and proposals for
mitigation, and that appropriate approach permits be
obtained from the Montana Department of Transportation
and the City of Kalispell at the time development occurs.
8. That pedestrian walkways be provided as the site develops
that provides a continuous and connected system with the
existing walkways along Highway 93, Four Mile Drive and
within the developed areas of the site.
9. That the uses allowed within the Development shall not
include those which require areas for the display of
large merchandise such as new and used automobile sales,
manufactured home sales, recreational vehicle sales and
lumberyards. This would not preclude incidental events
associated with the other businesses on the site.
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10. That the phasing and timing of the Development shall
occur as proposed. Bonding for the proposed
infrastructure and improvements or other acceptable means
of insuring that the improvements will be completed as
proposed shall be provided by the Developer at the time
of subdivision review.
11. The developer and City of Kalispell shall execute a
Development Agreement based on terms and conditions
included in the Planned Unit Development.
SECTION II, This Ordinance shall take 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 KALISPELL, MONTANA, THIS 3RD DAY OF DECEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
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Theresa White
City Clerk
Exhibit A
That portion of Section 36, Township 29 North, Range 22 West, Principal
Meridian, Flathead County, Montana described as follows:
The Southwest 1/4, the Northwest 1/4 and that portion of the Northeast 1/4 lying
westerly of the westerly right-of-way line of U.S. Highway No. 93 as shown on
Federal Aid Project Nos. F 5-3(32)115 and F 5-3(24)115, excepting therefrom the
Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 and the Northwest 1/4 of
the Northwest 1/4 of the Southwest 114 all in Section 36, Township 29 North,
Range 22 West, containing 454.4 Acres of Land, more or less.
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