3. Ordinance 1436 - Mountain View Plaza PUD Addendum - 2nd Reading4D City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
2"' Reading of Ordinance 1436 - Addendum to the Mountain View Planned Unit
Development Agreement
August 19, 2002
BACKGROUND: Pursuaritto Section2.03, Uses Paragraph (D), "Crosswell Development LLC shall provide
CITY with a fire station pad. The pad shall be a minimum of two acres in size...." (See attached section 2.03).
A recent analysis of the Mountain View site indicates that the City would NOT be maximizing its fire
protection coverage by placing a fire sub -station on this site. Growth to the northeast and northwest indicate that
afire sub -station would be best placed near the intersection of West Reserve and Whitefish Stage. We are working
with two land owners in this area, both of which have expressed a willingness to work with the City in resolving
this community need.
In addition to our changing needs, Crosswell Development expressed an interest in utilizing the property
that was designated for the fire pad for a storm water retention area. This gave us the opportunity to discuss a
mutually beneficial way to resolve the issue. As a result of these discussions, Crosswell agreed to pay the City
$50,000 in exchange for the fire pad which is required per the above referenced section of the PUD agreement.
RECOMMENDATION: The City Council pass a Ordinance 1436 approving on 2' reading the attached
addendum to the Mountain View Planned Unit Development Agreement. The addendum removes the requirement
to supply the City with a two acre fire pad in exchange for a $50,000 cash payment.
FISCAL EFFECTS: $50,000 would be added to the fire sub -station special account bringing the balance
of this account to $100,000 ($50,000 is included in the 2003 budget + $50,000 from Crosswell).
ALTERNATIVES:
Respectfully submitted,
Chris A. Kukulski
City Manager
As suggested by the Council.
Report compiled August 13, 2002
ORDINANCE NO. 1436
AN ORDINANCE AMENDING ORDINANCE NO. 1380 (PLANNED UNIT
DEVELOPMENT, CROSSWELL DEVELOPMENT LLC) BY AMENDING SECTION
2.03(D), USES, 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, Section
2.03 (D), Uses, reads:
"(D) Crosswell Development LLC shall provide CITY with a fire station pad. The
pad shall be a minimum of two acres in size with not more than one percent
grade change throughout the pad. The ratio of length to the width of the
proposed pad site shall not exceed 2:1 without prior consultation with and
agreement of CITY. Utilities shall be extended to the pad so that it is ready
for future development by the CITY. Crosswell Development LLC shall, at
the time of granting the pad, provide easements for access with such access,
including, if Crosswell Development LLC so decides, in Crosswell
Development LLC`s sole discretion, fee interest subject to easements in favor
of Crosswell Development LLC in all or a portion of the necessary access.
Should such fee interest be granted, it shall not be considered part of the pad
but shall be considered additional land granted to CITY. This provision is not
to be considered an extraction but was rather negotiated and added to the
conditions of approval as part of Crosswell Development LLC's desire to
participate in and provide for the future needs of CITY.", and
WHEREAS, due to City growth to the northeast and northwest, an analysis has determined that
a fire sub -station on this site would not maximize fire protection coverage, and
WHEREAS, Crosswell Development, LLC has indicated that it would be willing to buy the site
from the City for use as a stone water retention area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That Section 2.03 (D), Uses, of the Crosswell Development, LLC, Planned
Unit Development Agreement is hereby amended by adding the following
language:
... Crosswell Development, LLC may pay $50,000 to the City in lieu
of providing the above -described property to the City.
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, THIS 19TH DAY OF AUGUST, 2002.
ATTEST:
Theresa White
City Clerk
2
Pamela B. Kennedy
Mayor