Memo Wood/PUD ConcernIncorporated 1892
Building Department
Brian J_Wood
Zoning Administrator
Telephone (406) 758-7730
248 3rd Avenue East
PO Box 1997
Zip 59903
Fax (406) 758-7739
TO: Bruce Williams, City Manager
Glen Neier, City Attorney
FROM: Brian J. Wood, Zoning Administrator IP
DATE: May 2, 1995
RE: Buffalo Commons PUD
I have one significant concern regarding the PUD that is not
addressed in the development agreement at this time.
The Kalispell Zoning Ordinance requires the Zoning Administrator
or other appropriate city official to "monitor the Planned Unit
Development for compliance with the completion schedule set forth
in the approved development plan..." (27.21.020(6)). My concern
lies with the uncertain language contained in the plan with
respect to phasing. We have no way of knowing the sequence of the
PUD's phasing, and there is no firm completion schedule contained
in the plan for all five phases (pp. 38-41).
The term "expected" is used in each phase's description; the
nature of a PUD is to know exactly when a particular segment of
the overall plan is to be implemented. The proposal under
consideration, as written, would have no expiration date - for a
paerticular phase, or for the PUD as a whole. I think it is
imperative that such a schedule be included in the development
agreement. Not only would the City have a better idea of what
will occur and when, the owner/developer does not lock in to a
plan that will never expire. It is my understanding that once a
plan is approved neither the City nor the owner can make
amendments to the PUD. If things don't develop along an
anticipated timeline, both parties will at least understand that
at a certain date the PUD is abandoned and another zoning
designation applied to the undeveloped property.