Ordinance 1169 - Modify Downtown Redevelopment PlanIn
ORDINANCE NO. 1169
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AN ORDINANCE RELATING TO THE KALISPELL DOWNTOWN REDEVELOPMENT
PLAN; MODIFYING THE PROCEDURE FOR MODIFICATION AND AMENDMENTS
THERETO.
WHEREAS, the City Council of the City of Kalispell on the
loth day of September, 1979, adopted, pursuant to Title 7,
Chapter 15, Parts 42 & 43 Montana Code Annotated, Ordinance No.
933, entitled AN ORDINANCE APPROVING THE KALISPELL DOWNTOWN
REDEVELOPMENT PLAN FOR THE CITY OF KALISPELL, MONTANA AS A URBAN
RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION; AUTHORIZING THE
MAYOR TO IMPLEMENT THE PLAN WITH POWERS CONTAINED IN THE URBAN
RENEWAL LAW; and
WHEREAS, Section 7-15-4231, MCA authorizes modification of
an urban renewal plan by the procedure set forth in the Sections
7-15-4212 through 7-15-4219, MCA or by a procedure set forth in
the Plan; and
WHEREAS, the procedure for modification of the Plan as
contained in Ordinance No. 933, as prescribed by the statute is
time consuming, expensive and cumbersome; and
WHEREAS, on the 5th day of August, 1991, the City Council of
the City of Kalispell passed Resolution No. 4001, entitled A
RESOLUTION OF INTENTION TO MODIFY THE DOWNTOWN REDEVELOPMENT PLAN
BY MODIFYING THE PROCEDURE FOR MODIFICATION AND AMENDMENTS
THERETO; and
WHEREAS, The Kalispell City -County Planning Board reviewed
the proposed modification and has recommended its adoption with
amendments; and
WHEREAS, on the 3rd day of September, 1991, pursuant to
Resolution No. 4001, the City Council of the City of Kalispell,
after due and proper notice under Section 7-15-4215, MCA, held a
Public Hearing on said modification and received expressions from
the public, supporting and opposing said modification; and
WHEREAS, after consideration of the evidence submitted at
said Public Hearing, the City Council of the City of Kalispell
considers it in the best interest of the City to modify the
modification and amendment procedure set forth in the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KALISPELL, AS FOLLOWS:
SECTION I. That the City Council of the City of
Kalispell hereby modifies the Kalispell Downtown
Redevelopment Plan by modifying the modification and
amendment procedure contained therein as follows:
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ARTICLE VI. shall read as follows:
A. Modification of Plan and Designation of and
Approval of Urban Renewal Projects.
The Council may modify and amend the Plan,
including modifications and amendments to
designate and approve urban renewal projects
to be undertaken pursuant thereto, by
enacting an ordinance providing for and
setting forth the modification.
1) No such ordinance shall be adopted until
after a public hearing has been conducted
thereon and notice of said hearing has been
given in the official newspaper once a week
for two consecutive weeks preceding the
hearing, and in the case of the designation
of urban renewal projects said notice must be
mailed, in accordance with Section 7-15-4215,
MCA, to all property owners within 150 feet
of a proposed project area.
2) If the modification or amendment involves
the addition or deletion of land from the
Area, mailed notice shall be given to all
persons owning property to be added or
detracted at the time and the manner provided
by Section 7-15-4215 (1), MCA.
3) All notices shall provide the information
regarding the modification required by
Section 7-15-4215 (2), MCA.
4) Nothing herein shall limit or affect the
authority of the Council to undertake and
carry out renewal activities on a yearly
basis as provided in Section 7-15-4220, MCA.
B. Modification or Amendments to the Urban
Renewal Plan .Regarding Land Use or Zoning
Classification Changes.
The following procedure and requirements
shall be satisfied for. -modifications or
amendments in the Plan involving land use or
zoning classification changes.
1) All changes affecting the Project Area
including, but not limited to bulk and area
requirements, Planned Unit Developments,
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building heights, street setbacks, parking,
signage, land usage changes, or zoning
classification may be made after review by
the City -County Planning Board and approval
by the City Council, subject to applicable
Montana law.
SECTION II. This Ordinance shall take effect from and after 30
days of its passage by the City Council and approval by the
Mayor.
PASSED AND APPROVFe BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
F KALISPELL THIS w —_ DAY OF SEPTEMBER, 1991.
ATTEST:
FINANCE IRECTOR
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DOUG S D. RAUTHE, MAYOR