3. Resolution 4851 - Resolution of Intent - Amend Section 36 PUD & Call for PHCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT" 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Resolution No. 4851 - A resolution of intent to amend the
Section 36 PUD Development Agreement and to call a
public hearing.
MEETING DATE: Monday, November 17, 2003
BACKGROUND: The Section 36 PUD Development Agreement was approved and
adopted by the Kalispell City Council in December 2001. The agreement at that
time presumed that a technical park could be developed within two years and that
the State, the property owner, was limited in its leasing capabilities. Since then,
the realities of the economy have lead to the conclusion that the private sector will
not support a technical park within the PUD in the near future and the legislature
has amended state law to allow very long-term leases upon state property. The
State has now come to the City and is requesting some amendments to the PUD to
allow for these changes of circumstances. Most of these requested amendments
should be considered as minor and can be addressed by City Site Review
Committee. Some amendments, including additional accesses off Highway 93,
signage requirements, building height allowances and setbacks and permitted uses
should be considered as major changes and determined by Council after a public
hearing.
RECOMMENDATION: That the City Council pass the resolution of intent to
amend the Section 36 Development Agreement and call a public hearing for
December 1, 2003.
FISCAL EFFECTS: None.
Respectfully submitted,
Charles ITarball, City Attorney
Chris Kukulski, City Manager
NOTICE OF PUBLIC HEARING
RESOLUTION NO.4851
A RESOLUTION OF INTENTION TO AMEND THE SECTION 36 PLANNED UNIT
DEVELOPMENT AGREEMENT.
WHEREAS, on December 3, 2001, the Kalispell City Council approved a Planned Unit
Development on real property owned by the Department of Natural Resources and
Conservation known as Section 36, and
WHEREAS, on October 6, 2003, Goldberg Properties, Inc., developer of the above referenced
property, requested various modifications to the Section 36 Planned Unit
Development, and
WHEREAS, under §27.21.020 of the Kalispell Zoning Ordinance (Ord. 1460), minor
modifications to a planned unit development are considered and passed on by the
Site Review Committee, with major modifications going before the Kalispell City
Council, and
WHEREAS, the Kalispell City Council will hold a public hearing to consider the requested major
.modifications to the Section 36 Planned Unit Development.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to §27.21.020 (C), Kalispell Zoning Ordinance, the
City Council of the City of Kalispell intends to consider
modifications to the Section 36 Planned Unit Development, such
modifications consisting of an additional access to Highway 93
North, signage requirements, building height allowance and setbacks,
and permitted uses.
SECTION 11. That the City Council of the City of Kalispell shall consider whether
to pass a resolution amending the Section 36 Planned Unit
Development as set forth herein at a meeting to be held on December
1, 2003 at 7:00 P.M., at the Council Chambers, City Hall, Kalispell,
Montana, and at the conclusion of said meeting the City Council will
consider a Resolution to amend the Section 36 Planned Unit
Development.
SECTION III. The City Clerk is authorized and directed to give notice of this
meeting in accordance with Section 7-1-4128, MCA.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR, THIS 17TH DAY OF NOVEMBER, 2003.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk
STATE OF MONTANA
County of Flathead
ss
COMES NOW Theresa White, City Clerk for the City of Kalispell, Montana and states as
follows:
That she is the City Clerk for the City of Kalispell, Montana.
2. That she caused to be published in the Daily Inter Lake, the above Resolution and
Notice of Public Hearing, pursuant to Section 7-1-4128, MCA on November 20,
2003, and November 26, 2003.
Dated this 17th day of November, 2003.
Theresa White
City Clerk