F/5. Ordinance 1401 - 2nd Amendment to Covenants - Buffalo Commons PUD - 2nd ReadingREPORT TO
SUBJECT:
of Kal
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
Buffalo Commons PUD/KRMC addition
MEETING DATE: October 15, 2001 (Second Reading)
BACKGROUND: There have been no changes since the first reading of the ordinance.
RECOMMENDATION: The Council move to approve the "Second Amendment to
Declaration of Covenants, Conditions and Restrictions Buffalo Commons (Medical/Professional
Facilities)" on second reading.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Cam. A
PJ Sorensen Chris Kukulski
Zoning Administrator City Manager
Report compiled October 10, 2001
ORDINANCE NO. 1401
AN ORDINANCE AMENDING ORDINANCE NO. 1226 (PLANNED UNIT DEVELOPMENT,
BUFFALO COMMONS) BY AMENDING THE HEIGHT LIMIT FOR THE
MEDICAL/PROFESSIONAL FACILITIES POD, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Declarations of Covenants, Conditions, and
Restrictions, Buffalo Commons, (A), (B), (C),(D) and (E),
Section I, Ordinance No. 1226, (Records of Flathead
County, Doc. No. 9527615080) were initially filed on
January 26, 1998; and
WHEREAS, the Declarations of Covenants, Conditions, and
Restrictions, Buffalo Commons, were modified on September
29, 2001, by the First Amendment to Declaration of
Covenants, Conditions and Restrictions (No. 2000-273-
11080, Records of Flathead County); and
WHEREAS, Article IX, entitled Amendment, reads:
"This Declaration may be amended by an instrument signed
by the owners of seventy-five percent (75%) of the
land..."; and
WHEREAS, Northwest Healthcare Corporation owns at least 75% of the
land of Buffalo Commons, Medical/Professional Facilities,
and desire to amend the Covenants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That the Declarations of Covenants,
Conditions, and Restrictions, Buffalo Commons,
Article VI, Section 2, Building Size, is
hereby amended by deleting it in its entirety
and replacing it as follows:
Section 2. Building Size. Each building or
other structure shall be constructed, erected
and maintained in strict accordance with the
approved plans and specifications. Maximum
building height shall be 35 feet, provided
that any hospital building height or structure
1
may have a maximum building height not to
exceed 60 feet.
SECTION II. All other parts and portions of Ordinance No.
1226, 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 _ DAY OF OCTOBER, 2001.
ATTEST:
Theresa White
City Clerk
v
Wm. E. Boharski
Mayor