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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