11/08/00 Neier to Kalvig/New Planned Unit DevelopmentCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
November 8, 2000
Kenneth Kalvig
Crowley Law Firm
P.O. Box 759
Kalispell, MT 59903-0759
Re: Revision to Planned Unit Development
Agreement, Pack & Co./Crosswell Properties
Dear Ken:
I am in receipt of your letter dated November 2, 2000 and the revised Planned
Unit Development Agreement. I understand that the same has been delivered
to the Site Review Committee for examination.
I have had an opportunity to have preliminary discussions with several
individuals involved in the process. In my opinion, as well as other
administrators here at the City, the suggested modifications to the PUD
Agreement exceed any expectation of what would constitute a "major
modification" under the Agreement. During the public hearing process, Pack
& Co. and Domesite, L.L.C. presented a site plan anticipating development of
the property in a certain way. The revised PUD Agreement indicates that any
forthcoming site plan on the Crosswell development will vary substantively
and substantially from the Domesite PUD. It is difficult to imagine the
Council approving a new PUD Agreement without a full application and review
of the proposal in accordance with the Zoning Ordinance.
This office would therefore recommend that Crosswell and Pack & Co. present
to the Flathead Regional Development Office a new Planned Unit Development
Application with accompanying site plan and relevant documents for review by
the Flathead Regional Development Office and public hearing before the Zoning
Commission. If the project can be demonstrated to be in the public interest
and acceptable to the City Council, I believe we can come to an agreement.
However, in light of the significant changes in the Agreement, I don't
believe simply amending the Agreement (minor or major) is a viable option.
Please contact me if you have questions or concerns.
Sincere ,
en ier
City torney
PC: Chris Kukulski