2. Ordinance 1654 - Zoning with PUD Placeholder - Siderius Family Limited Partnership - 2nd ReadingPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT: Siderius Family Limited Partnership - Initial Zoning of B-2 /PUD
(General Business/Planned Unit Development Placeholder) and
RA-1 / PUD (Low Density Residential Apartment/ Planned Unit
Development Placeholder)
MEETING DATE: February 17, 2009
BACKGROUND: This is the second reading on a request for an initial zoning
designation of B-2/PUD and RA- 1/PUD on four tracts of land totaling 207t acres in
size. The 207 acre project site is located on the west side of Highway 93 with
Cemetery Road on the north end of the site and Ashley Meadows Road on the south
end. The 207 acre project site can be legally described as Tract 1 of Certificate of
Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park
and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision, and
Parcel A of Certificate of Survey 8369. The properties are located in Sections 29 and
32, Township 28 North, Range 21 West.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of February 2, 2009.
RECOMMENDATION: A motion to approve the second reading of the ordinance for
initial zoning would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad Myrt-Webb
Senior Planner Interim City Manager
Report compiled February 4, 2009
c w/ Att: Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1654
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 1 OF
CERTIFICATE OF SURVEY 17744, THE AMENDED SUBDIVISION PLAT OF LOTS 3
AND 5 OF ASHLEY BUSINESS PARK AND AMENDED PLAT OF THE AMENDED PLAT
OF LOT 4 ASHLEY BUSINESS PARK SUBDIVISION, AND PARCEL A OF
CERTIFICATE OF SURVEY 8369 LOCATED IN SECTIONS 29 AND 32, TOWNSHIP 28
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 B-2 (GENERAL BUSINESS) WITH A PLANNED UNIT
DEVELOPMENT PLACEHOLDER AND CITY RA-1 (LOW DENSITY RESIDENTIAL
APARTMENT) WITH A PLANNED UNIT DEVELOPMENT PLACEHOLDER IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE 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