Ordinance 1654 - Zoning - Siderius Commons200900009930
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Kalispell, MT 59903 1 II�I I IIN� �N u� ��Il ��� Page: 1 of 2
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ORDINANCE NO. 1654
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
p KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL
PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF
bo SURVEY 17744, THE AMENDED SUBDIVISION PLAT OF LOTS 3 AND 5 OF ASHLEY
�9 BUSINESS PARK AND AMENDED PLAT OF THE AMENDED PLAT OF LOT 4 ASHLEY
BUSINESS PARK SUBDIVISION, AND PARCEL A OF CERTIFICATE OF SURVEY 8369
_ LOCATED IN SECTIONS 29 AND 32, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, (PREVIOUSLY ZONED COUNTY I-1 H (LIGHT
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y INDUSTRIAL -HIGHWAY) AND SAG-10 (SUBURBAN AGRICULTURAL)) TO CITY B-2
(GENERAL BUSINESS) WITH A PLANNED UNIT DEVELOPMENT PLACEHOLDER AND
CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT) WITH A PLANNED UNIT
DEVELOPMENT PLACEHOLDER IN ACCORDANCE WITH THE KALISPELL GROWTH
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POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn
Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius, the owners of the
properties described above, petitioned the City of Kalispell that the zoning classification
attached to the above described tracts of land be zoned B-2, General Business, with a
Planned Unit Development placeholder and RA-1, Low Density Residential Apartment,
with a Planned Unit Development placeholder, on approximately 207 acres of land, and
WHEREAS, the properties are located on the west side of Highway 93 South between Cemetery Road
and Ashley Meadows Road, and
WHEREAS, the petition of the Siderius Family Limited Partnership, et al., was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KA-08-03, in which the
Kalispell Planning Department evaluated the petition and recommended that the properties
as described above be zoned B-2, General Business with a Planned Unit Development
placeholder and RA-1, Low Density Residential Apartment with a Planned Unit
Development placeholder, pursuant to Kalispell City Code*72.21.030(2)(b), and
*should be 27.29.020
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 13,
2009, and recommended that the zoning be City B-2, General Business with a Planned
Unit Development placeholder and RA-1, Low Density Residential Apartment with a
200900009930
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Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM
Unit Development placeholder and RA-1, Low Density Residential Apartment with a
Planned Unit Development placeholder, pursuant to Kalispell City Code*72.21.030(2)(b),
and *should be 27.29.030
WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as
described B-2, General Business with a Planned Unit Development placeholder and RA-1,
Low Density Residential Apartment with a Planned Unit Development placeholder the
City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 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. KA-08-03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS
FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
properties described above as B-2, General Business with a Planned Unit
Development placeholder and RA-1, Low Density Residential Apartment with a
Planned Unit Development placeholder on approximately 207 acres of land.
SECTION II. Further development upon the subject property will require a Planned Unit
Development application and a developer's agreement with the City of Kalispell.
SECTION IH. 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 IV. 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 17TH
ATTEST:
Theresa White
City Clerk
FEBRUARY, 2009.
Pamela B. Kennedy
Mayor
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Paula Robinson, Flathead County MT by NC
10/6/2010 11:43 AM