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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