1. Ordinance 1445 - PUD Amendment - Crosswell Development - 2nd ReadingipCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7000 Fax - (406)758-7758
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Honorable Mayor and City Council
PJ Sorensen, Site Review Committee Chairman
Chris A. Kukulski, City Manager
Subdividing the Home Depot Site
February 18, 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 ("PUD"), 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 of] 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 on second reading 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
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 L 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 II. 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 18TH DAY OF FEBRUARY, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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