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3. Ordinance 1445 - PUD Amendment - Crosswell Development LLCCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7000 Fax - (406)758-7758 REPORT TO: Honorable Mayor and City Council FROM: PJ SORENSEN, SITE REVIEW COMMITTEE CHAIRMAN Chris A. Kukulski, City Manager SUBJECT: Subdividing the Home Depot Site MEETING DATE: February 3, 2003 BACK GROUND: The Tri-City Planning Office previously received a request by Home Depot for a subdivision within their property at Mountain View Plaza. The proposal met the relevant requirements and the Planning Office waived the preliminary plat. Since the area is subject to a Planned Unit Development Agreement CTUD"), the PUD must be amended in order to allow the final plat of the subdivision. Section 5.01 of the PUD allows for the amendment of the agreement. In essence, requests are submitted to the Site Review Committee for a determination as to whether the request is minor or major. Major amendments are then submitted to the Council. On January 16, the Committee reviewed the request. Due to language in the PUD, the Committee deemed the request to be a major amendment. The relevant language is contained in Section 5.01(A): ".. . alter[ation ofj the total developed area or number of pads or amenities as shown on the Master Site Plan" cannot be considered to be a minor amendment. Therefore, there was little choice other than to determine the request to be major and pass it on to the Council. It should be noted that, while we do not know at this time the exact use/layout for the new lot, its development will need to comply with all the rules generally applicable to the other properties in Mountain View Plaza. RECOMMENDATION: The City Council approve Ordinance #1445 Amending the Mountain View PUD. FISCAL EFFECTS: Unknown, once the pad is developed it will increase the taxable value of the Mountain View project. ALTERNATIVES: As suggested by the Council. Respectfully submitted, PJ. Sorensen Chris A. Kukulski Zoning Administrator City Manager Report compiled January 30, 2003 QhllQl ' UT1�1�gg�;gp1�59�i — pR}���E��� 13g�9 � o I� - - g1720 52 HIMS 4L'999 / r - — — — — — — — — — — — — — — — — — — — — — -----1 z 00 ci iNul nsj Cool I I 00 V)i iW I cra <r ICI W N Ito co C14 \ I 0 t�N L J— — — — 0 lN3W3Sd3 JU.Illin l clr \\ IL1I Loz \h ------------- J \ ICILo \I 9b'906 S9'9 Z �/ \_ Ol'£{'L \I — -- — — — - — — — — — H—— — — —— ------ (089b l 'S'0'0) ONIV38 J0 SISNB '� I r�--——---—--—————— — — — — — — I \ �\ co ORDINANCE NO. 1445 AN ORDINANCE AMENDING ORDINANCE NO. 1380 (PLANNED UNIT DEVELOPMENT, CROSSWELL DEVELOPMENT LLC) BY AMENDING THE MASTER SITE PLAN AS SHOWN ON EXHIBIT "C" OF THE PLANNED UNIT DEVELOPMENT AGREEMENT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Planned Unit Development for Crosswell Development, LLC, Ordinance No. 1380, (Records of Flathead County, Doc. No. 200116515150) was initially filed on June 8, 2001; and WHEREAS, the Crosswell Development) LLC, Planned Unit Development Agreement, incorporated into Ordinance 1380, has an attached Exhibit "C" incorporated fully therein representing the Master Site Plan setting forth fully the number and location of building pads allowable; and WHEREAS, one of the owners within the PUD, The Home Depot, now desires to subdivide its property and provide for another building pad, not previously incorporated in the Master Site Plan of the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That Exhibit "C", the Master Site Plan, of the Crosswell Development, LLC, Planned Unit Development Agreement is hereby amended to reflect the additional subject tract of property to be used as a building pad as shown on Exhibit "A" attached hereto and incorporated fully herein by this reference. SECTION H. All other parts and portions of Ordinance No. 1380, not amended hereby, shall remain the same. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS 3'a DAY OF FEBRUARY, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk ORDINANCE NO. 1445 AN ORDINANCE AMENDING ORDINANCE NO. 1380 (PLANNED UNIT DEVELOPMENT, CROSSWELL DEVELOPMENT LLC) BY AMENDING THE MASTER SITE PLAN AS SHOWN ON EXHIBIT "C" OF THE PLANNED UNIT DEVELOPMENT AGREEMENT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Planned Unit Development for Crosswell Development, LLC, Ordinance No. 1380, (Records of Flathead County, Doc. No. 200116515150) was initially filed on June 8, 2001; and WHEREAS, the Crosswell Development LLC, Planned Unit Development Agreement, incorporated into Ordinance 1380, has an attached Exhibit "C" incorporated fully therein representing the Master Site Plan setting forth fully the number and location of building pads allowable; and WHEREAS, one of the owners within the PUD, The Home Depot, now desires to subdivide its property and provide for another building pad, not previously incorporated in the Master Site Plan of the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That Exhibit "C", the Master Site Plan, of the Crosswell Development, LLC, Planned Unit Development Agreement is hereby amended to reflect the additional subject tract of property to be used as a building pad as shown on Exhibit "A" attached hereto and incorporated fully herein by this reference. SECTION H. All other parts and portions of Ordinance No. 1380, not amended hereby, shall remain the same. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, ON THIS DAY OF 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk