Ordinance 1657 - Amendment - Spring Prairie PUD Agreement`
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ORDINANCE NO. 1657
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE SPRING
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PRAIRIE PLANNED UNIT DEVELOPMENT AGREEMENT IN ASSOCIATION WITH
THE CONSTRUCTION AND DEVELOPMENT OF THE EMERGENCY OPERATION
CENTER.
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WHEREAS,
the City Council of the City of Kalispell approved the Spring Prairie Planned Unit
Development Agreement on Section 36 on December 3, 2001, and
WHEREAS, the Spring Prairie Planned Unit Development Agreement was amended on December
15, 2003, September 19, 2005, and May 5, 2008, and
WHEREAS, it is in the best interests of the City of Kalispell that the Spring Prairie Planned Unit
Development Agreement be amended as set forth below.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Spring Prairie Planned Unit Development shall be, upon execution
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the landowner, amended as provided for in said agreement under Section
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5, Amendment or Modification of Agreement as follows:
2.01E(2)b: Buildings in the Mixed Professional PODS shall be set back a minimum of 15 feet
from the front, 5 feet from the side, 10 feet from the rear and 15 feet from the side
corner. Buildings in the Mixed Commercial PODS shall be set back a minimum of 20
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feet from the front, 5 feet from the side, 10 feet from the rear and 15 feet from the
side corner of the parent (not sublots) lot/lease lines.
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2.01E(3)a: Buildings should not exceed 35 feet above the final grade in the Mixed Residential
POD, 40 feet in the Mixed Professional POD and 45 feet in the Mixed Commercial
POD. Such height limitation may be exceeded in the mixed commercial POD by
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issuance of a conditional use permit. An exception to this height limit is granted to
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Glacier High School to be located in the Mixed Professional POD which will be
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allowed a maximum height of 55 feet at its highest point. An exception is also
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granted to the Emergency Operation Center, located in the Mixed Professional POD,
which will be allowed to install an Emergency Communications Tower up to 100 feet
high, which will serve the Emergency Operation Center only.
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 6TH DAY OF APRIL, 2009.
M. Duane Larson
Council President
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ATTEST:
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Theresa White
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City Clerk
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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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