08. Ordinance 1650 - Zoning with PUD Placeholder - Gardner Investments LLC - 1st ReadingORDINANCE NO.1650
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 TRACTS 1,1F, 6,61 AND
LOTS 1 AND 2 OF THE MERGENTHALER SUBDIVISION LOCATED IN SECTION 28,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA;
AND TRACT 7C AND LOTS 4 AND 5 OF THE LOST CREEK SUBDIVISION LOCATED
IN SECTION 33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, (PREVIOUSLY ZONED COUNTY I-1 H (LIGHT INDUSTRIAL -
HIGHWAY)) TO CITY B-5 (INDUSTRIAL/COMMERCIAL) WITH A PLANNED UNIT
DEVELOPMENT PLACEHOLDER IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gardner Investments, LLC, 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-5, Industrial/Commercial, with a Planned Unit
Development placeholder, on approximately 81.59 acres of land, and
WHEREAS, the properties are located on the east side of Highway 93 south between the
intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline
Lane, and
WHEREAS, the petition of Gardner Investments, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-08-05, in which the Kalispell
Planning Department evaluated the petition and recommended that the properties as
described above be zoned B-5, Industrial/Commercial 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 October 14,
2008, and recommended that the zoning be City B-5, Industrial/Commercial 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-5, Industrial/Commercial, 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-08-05.
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-5, Industrial/Commercial with a Planned
Unit Development placeholder on approximately 81.59 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 NOVEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk