Ordinance 1884 - PUD Amend - Eagle Valley RanchIIIII IN III III1111IN 20220
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Kalispell City Clerk Debbie Pierson, Flathead County MT by JW 8/8/2022 3:39 PM
PO Box 1997
Kalispell, MT 59903
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p ORDINANCE NO. 1884
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G- AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
O KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY AMENDING
ORDINANCE NO. 1814, KNOWN AS THE EAGLE VALLEY RANCH PUD, BY ADDING
�O CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS PARCEL A
�U OF COS 6557 AND TRACTS A AND B OF COS 17674 IN THE WEST ONE HALF OF
SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST., P.M.M., FLATHEAD
COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
* WHEREAS, Spartan Holdings, LLC, on behalf of the owners of the properties described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described 6.78 acre tract of land be zoned RA-2, Residential Apartment/Office, and
amended to the existing Planned Unit Development overlay in the Eagle Valley
Ranch PUD; and
WHEREAS, the property is currently zoned County SAG-10 and City R-2, and is located at 3201
Highway 93 North; and
WHEREAS, the petition of Spartan Holdings, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KZC-22-03, in which the Kalispell
Planning Department evaluated the petition and recommended that the existing
Planned Unit Development overlay be amended to include the above described tract
of land pursuant to Kalispell City Code 72.21.030(2)(b); and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 10,
2022, and recommended that the Planned Unit Development overlay be amended
to include approximately 6.78 acres of land, pursuant to Kalispell City Code
72.21.030(2)(b); and
WHEREAS, after considering all the evidence submitted on the proposal to include the property
in the existing Planned Unit Development overlay, the City Council finds such
zoning to be consistent with the Kalispell Growth Policy — Plan It 2035 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 KPD as
set forth in Staff Report No. #KZC-22-03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by including the
property described above in the existing Eagle Valley Ranch Planned Unit
Development overlay.
SECTION 2. The Planned Unit Development overlay amendment proposed by Spartan
Holdings, LLC upon the real property described above is hereby approved
subject to the following conditions:
1. The Planned Unit Development for Eagle Valley Ranch allows the following deviations
from the Kalispell Zoning Ordinance:
a. Kalispell Zoning Ordinance, Section 27.10.020 Permitted Uses — Allows the
existing commercial building to operate as a retail use within its existing footprint.
2. All applicable conditions within Ordinance 1814 (Eagle Valley Ranch PUD) shall apply.
3. An all-weather access 20 feet in width shall be provided from the existing commercial
building to Jefferson Boulevard prior to occupancy.
4. A City street providing access to the 6.78 acre property shall be installed with Phase 4
(northern residential lots) of the Eagle Valley Ranch PUD in substantial conformance with
the conceptual drawing submitted in the application.
5. The Eagle Valley Ranch PUD design guidelines, bylaws and covenants shall be applied to
this development, where applicable.
6. The billboard on the property shall be removed from the site prior to certificate of
occupancy of the commercial building.
7. The developer shall obtain an approach permit from the Montana Department of
Transportation for the approach onto U.S. 93 North.
8. The developer shall improve the properties U.S. 93 North frontage in accordance with
Chapter 27.20.29 of the Kalispell Zoning Ordinance related to entrance corridor standards.
9. A 60-foot public right of way shall be dedicated to the property to the south with a
subsequent preliminary plat application.
SECTION 3. 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 4. 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 18TH DAY OF JULY, 2022.
Mark Johnson
Mayor
ATTEST:
C"6'�
Ainkee Brunckhorst, CMC
City Clerk