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