Ordinance 1897 - PUD Amendment - Starling Ph 1-8Return to: I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IN Page: Iof02 08
Kalispell City Clerk Debbie Pierson, Flathead County MT by SM 1/6/20Fees::51 PMO
PO Box 1997
Kalispell, MT 59903
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d ORDINANCE NO. 1897
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n AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
o KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY AMENDING
ORDINANCE NO. 1865, KNOWN AS THE STARLING PHASES 1-8 PLANNED UNIT
DEVELOPMENT, BY MODIFYING THE DENSITY AND USES ALLOWED IN PHASE
3 AND MODIFYING THE ALLOWABLE STREET ACCESS FOR THE SIX LOTS IN
0) PHASE 2 WHICH ALLOW FOR ACCESSORY DWELLING UNITS, IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN
EFFECTIVE DATE.
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lD - WHEREAS, Starling Development, LLC, the owner of the property described above, petitioned
4 I q the City of Kalispell to modify the density and uses allowed in Phase 3 and
modifying the allowable street access for the six lots in Phase 2 which allow for
accessory dwelling units in the existing Planned Unit Development overlay in the
Starling Phases 1-8 PUD; and
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WHEREAS, the property is located on the west side of Stillwater Road to the west of Timberwolf �
S Parkway; and more particularly described as Starling Phases 1-3, on file and of
record in the office of the Clerk and Recorder, Flathead County, Montana.
0 WHEREAS, Starling Development, LLC submitted a request to the Site Development Review
Committee to amend the Starling Phases 1-8 PUD, who determined that the change
in density requested was major and therefore must go before the City Council; and
WHEREAS, on October 17, 2022, the City Council passed Resolution 6111, a Resolution of
Intent to hold a Public Hearing on the matter, held a Public Hearing on November
7, 2022, and recommended that the Planned Unit Development overlay be amended
to modify the density and uses allowed in Phase 3 and modify the allowable street
access for the six lots in Phase 2 which allow for accessory dwelling units; and
WHEREAS, after considering all the evidence submitted on the proposal to modify the existing
Planned Unit Development overlay, the City Council finds such amendments to be
consistent with the Kalispell Growth Policy — Plan It 2035 and reaffirms, 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-21-01.
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 modifying the
density and uses allowed in Phase 3 and modifying the allowable street
access for the six lots in Phase 2 which allow for accessory dwelling units
in the existing Starling Phases 1-8 Planned Unit Development overlay.
SECTION 2. 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 5TH DAY OF DECEMBER 2022.
Lr
Mark J"ms
Mayor
ATTEST:
Aim e Brunckhorst, CMC
City Clerk