Ordinance 1436 - Amends Ord 1380 - Crosswell Dev PUD03
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ORDINANCE NO. 1436
AN ORDINANCE AMENDING ORDINANCE NO. 1380 (PLANNED UNIT
DEVELOPMENT, CROSSWELL DEVELOPMENT LLC) BY AMENDING SECTION
2.03(D), USES, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Planned Unit Development for Crosswell Development, LLC, Ordinance No.
1380, (Records of Flathead County, Doc. No. 200116515150) was initially filed on
June 8, 2001; and
WHEREAS, the Crosswell Development LLC, Planned Unit Development Agreement, Section
2.03 (D), Uses, reads:
"(D) Crosswell Development LLC shall provide CITY with a fire station pad. The
pad shall be a minimum of two acres in size with not more than one percent
grade change throughout the pad. The ratio of length to the width of the
proposed pad site shall not exceed 2:1 without prior consultation with and
agreement of CITY. Utilities shall be extended to the pad so that it is ready
for future development by the CITY. Crosswell Development LLC shall, at
the time of granting the pad, provide easements for access with such access,
including, if Crosswell Development LLC so decides, in Crosswell
Development LLC`s sole discretion, fee interest subject to easements in favor
of Crosswell Development LLC in all or a portion of the necessary access.
Should such fee interest be granted, it shall not be considered part of the pad
but shall be considered additional land granted to CITY. This provision is not
to be considered an extraction but was rather negotiated and added to the
conditions of approval as part of Crosswell Development LLC's desire to
participate in and provide for the future needs of CITY.", and
WHEREAS, due to City growth to the northeast and northwest, an analysis has determined that
a fire sub -station on this site would not maximize fire protection coverage, and
WHEREAS, Crosswell Development, LLC has indicated that it would be willing to buy the site
from the City for use as a storm water retention area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That Section 2.03 (D), Uses, of the Crosswell Development, LLC, Planned
Unit Development Agreement is hereby amended by adding the following
language:
... Crosswell Development, LLC may pay $50,000 to the City in lieu
of providing the above -described property to the City.
Im
SECTION 11. All other parts and portions of Ordinance No. 1380, not amended
hereby, shall remain the same.
SECTION 111. This Ordinance shall take effect from and after 30 days of its passage
by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, THIS 19TH DAY OF AUGUST, 2002.
Pamela B.
Mayor
ATTEST:
Theresa White
City Clerk
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