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4. Ordinance 1654 - Zoning with PUD Placeholder - Siderius Family Limited Partnership - 1st ReadingReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 . !' 1 i 1 ! 1 I 1 i' • ' ! • ' ! KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTYO,E PARTICULARLY DESCRIBED AS TRACT CERTIFICATE OF SURVEY 17744, THE AMENDED SUBDIVISION PLAT OF LOTS 3 P ,. , 1. 1 1 1 ,. . i 1 1 1. OF LOT 4 ASHLEY BUSINESS PARK SUBDIVISION, AND PARCEL A OF CERTIFICATE OF • 69 LOCATED IN SECTIONSAND 32, TOWNSHIP NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (PREVIOUSLY ZONED COUNTY I-1 H (LIGHT INDUSTRIAL -HIGHWAY) AND SAG-10 (SUBURBAN AGRICULTURAL))TO CITY ; • . PLANNED UNIT DEVELOPMENT PLACEH! t D CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT) PLANNED UNIT DEVELOPMENT PLACEHOLDER ACCORDANCE WITH TH. . ! POLICY 2020, AND TO PROVIDE AN 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 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 Planned Unit Development placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and 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 III. 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 DAY OF FEBRUARY, 2009. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor