Ordinance 1603 - Amendment - Westwood Park PUDr
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Theresa white
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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ORDINANCE NO. t603
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PAULA R06INSON FLATHEAD COUNTY MO iANA
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT To THE
WESTWOOD PkR( PLANNED UNIT DEVELOPMENT AGREEMENT,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of KALISPELL, AS FOLLOWS:
SECTION I. That the Westwood Park Planned Unit Development, approved on August 1,
2005, shall be, upon execution by the landowner, amended as provided for in
said agreement under Section 5, Amendment or Modification of Agreement
as follows:
12. The following requirements shall be met per the Kalispell Fire Department. (Kalispell
Subdivision Regulations, Section 3.20).
a. water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code (2003)
Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with Internatio al rice
Code (2003) Chapter 5 and Kalispell Subdivision Regulations or as otherwise approved by
the Kalispell Fire Department.
e. It should be noted that hazardous weed abatement shall be provided in accordance with City
of Kalispell ordinance 10-8.
f. Street naming shall be approved by the fire department.
16. That a detailed flood study be completed determining the exact location of the floodway.
No fill, development or other disturbance of soil or vegetation shall be allowed within the
floodway. The location of the roadways, bike path and emergency turn around shall be
relocated so that no fill, development or disturbance of vegetation occurs in the 100 year
floodplain unless otherwise absolutely required. Any work, development or fill in the 100
year floodplain shall be kept to a minimum and shall be directly related to providing an
20074165 YOM
emergency turn around for the subdivision. It is anticipated that this may result in the
reconfiguration and 1 or loss of lots within the subdivision.
18. That a letter be obtained from the Kalispell Public works Department stating that the proposed
emergency turn around has been reviewed and approved and any associated and necessary
improvements have been satisfactorily completed.
SECTION II. This ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE
CITY OF KALISPELL, MONTANA, THIS 19TH DAY OF MARCH, 2007.
ATTEST:
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Theresa White
City Clerk
Return to:
City Clerk
P.O. Box 1997 alispel, MT 59903 zoo + r
AMENDMENT TO THE
PLANNED UNIT DEVELOPMENT AGREEMENT
WEST WOOD PARK
THIS AGREEMENT is an amendment to that Planned Unit Development Agreement for
West Wood Park made August 8, 2006, by Craig and Connie Denman, of 5733 Hwy 93 South,
Whitefish, MT 59937, hereinafter WEST WOOD PARTNERSHIP, and the City of Kalispell, a
municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, WEST WOOD PARTNERSHIP is the fee owner of certain real property located
in Kalispell, Flathead County, Montana, which is further described as Assessor's
Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana and is hereinafter referred to as
"Subject Property"; and
WHEREAS, WEST WOOD PARTNERSHIP entered into a Planned Unit Development
Agreement With the City of Kalispell for West Wood Parr on August 9, 2006; and
WHEREAS, the parties agree that there is adequate consideration to make the following certain
amendments to that original agreement.
NOW THEREFORE, the parties agree that the following paragraphs of the original
agreement shall be amended to read as follows:
12. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
PLANNED UNIT DEVELOPER'S AOREEMENTIWEST WOOD PARK
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d. Secondary emergency vehicle access shall be provided in accordance with International
Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations or as otherwise
approved by the Kalispell Fire Department.
e. It should be noted that hazardous weed abatement shall be provided in accordance with
City of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire department.
16. That a detailed flood study be completed determining the exact location of the floodway.
No fill, development or other disturbance of soil or vegetation shall be allowed within the
floodway. The location of the roadways, bike path and emergency turn around shall be
relocated so that no fill, development or disturbance of vegetation occurs in the 100 year
floodplain unless otherwise absolutely required. Any work, development or fill in the 100
year floodplain shall be kept to a minimum and shall be directly related to providing an
emergency turn around for the subdivision. It is anticipated that this may result in the
reconfiguration and 1 or loss of lots within the subdivision.
18. That a letter be obtained from the Kalispell Public works Department stating that the
proposed emergency turn around has been reviewed and approved and any associated and
necessary improvements have been satisfactorily completed.
§3.03 Lot Requirements, Setbacks and Common Areas
I. Setbacks for the buildings are as follows (see also Sec. 3.03II):
a. Front/side corner: 10-foot (20-foot minimum from garage door to sidewalk.)
b. Rear setback: 10-foot.
c. Side setback: 5-foot.
Dated this Af. day of May, 2007.
WEST WOOD PARTNERSHIP
by: Crai enman
6
by: Connie Denman
CITY OF KALISPELL
B
J �sH. Patrick, City Manager
PLANNED UNIT DEVELOPER'S AOREEMENTIWEST WOOD PARK
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STATE OF MONTANA ) '2ad7:1s.5
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County of Flathead )
On this ` day of May, 2007, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared CRAIG DENMAN and CONNIE DENMAN that executed the
foregoing instrument, and each person acknowledged to me that he/she executed the same.
to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set may hand and affixed my Notarial Seal,
the day and year first above written.
• ., Notary Public, State of MontanaWHIrt
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PLANNED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK
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