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Resolution 3460 - Adopting Amendment to Kalispell Land Use PlanRESOLUTION NO. 3460 A RESOLUTION TO ADOPT A CERTAIN RECOMMENDED AMENDMENT TO THE KALISPELL LAND USE PLAN. WHEREAS, THE City Council of the City of Kalispell, Montana, did on the 21st day of October, 1974, adopt a Comprehensive Plan for the Kalispell Planning area, and WHEREAS, on December 15, 1982, the Glacier Park Company, a subsidiary of Burlington Northern, Inc., submitted an application, pursuant to the administrative planning procedures for Kalispell, for a proposed amendment of the Land Use portion of the Comprehensive Plan of the Kalispell City -County Planning Area currently in effect for a portion of the property of the said Burlington Northern, Inc., i_tuated within the City of Kalispell, and WHEREAS, the Flathead Regional Development Offic:� conducted a L.,tu --° of the proposed amendment and submitted a report of its ,,?val-union, findings and recommendations thereon to the Kalispell City --County Planning Board, and thereafter a public hearing as vecla7r,ed by Section 76-1-601, M.C.A., was duly noticed and held -r sand Kalispell City -County Planning Board on March 8, 1983, at 1:30 P—M., in the Council Chambers of City Hall, Kalispell, Montana. At said public hearing the Kalispell City -County Planning Board did receive public comment on the proposed amendments and reported ail tiderecommendations of the Flathead Redevelopment Office, and Wil'EREA.S, after consideration of the report, recommendations ar_d sukgestions elicited at said public hearing, the Kalispell {: i.ty-Csa��nty Planning Board did, by Resolution (KPA-83-001) , pursuant ":0 5c=:_icn 76-1-603, M.C.A., recommend to the Mayor and the City ..c.,inci_l of the City of Kalispell and to the Board of County Com- r::�:�Cr,.,7rs of Flathead County that the Kalispell Land Use Plan (a copy of said Resolution #KPA-83-001 attached hereto y L'xhi.ii: "A" and for purposes of this Resolution made a part and °dxl.'R1;AS, the City Council of the City of Kalispell considered i.t advisable that they consider the recommendation of the Kalispell City -County Planning Board and did adopt on the 21st day of March, .19831.ac Resolution of Intention pursuant to Section 76-1-604, M.C.A. -o adapt, revise or reject the recommended amendment to the Com-- -:' Plan for the Kalispell Planning Area, (a copy of said olu ion No. 3457 is attached 'hereto as Exhibit "B" and for pur- no.3es of this Resolution made a part hereof), and NHEREAS, on the 4th day of April, 1983, the City Council of the Cit_j? of Kalispell, Montana, met and considered Resolution No. 3457,.and WHEREAS, after reviewing and considering the 1) Flathead Re- �4ionai Development Office Plan Amendment Report #KPA-83-001 and 2) Reasolution #KPA-83-001, entitled a Resolution to Recommend an Amendment to the Comprehensive Development Plan for the Kalispell Planning Area, ConcerningCertain Property of Burlington Northern, inc., in the City of Kalispell; the City Council of the City of Ralispell, Montana, considers it in the best interest of the City of Kalispell that they adopt, pursuant to Section 76-1-604, M.C.A., 'she recommendation of the Kalispell City -County Planning Board and .-mend the Comprehensive Plan for the Kalispell Planning Area as per ;:_solution #(KPA--83--001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Or RALISPELL, MONTANA, THAT THE COMPREHENSIVE PLAN FOR THE KALISPELL PLANNING AREA BE AMENDED.AS FOLLOWS: Amend Figure III -I, Chapter 3, Page 111-9, thereof, designate the land use from "Industrial" to "Commercial" for the Burlington Northern, Inc., right-of-way property between Fifth Avenue West and Third Avenue East in the City of Kalispell. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR ON THE 4TH DAY OF APRIL, 1983. ATTEST. K1arjor_-Yh Oiermann, City Clerk -Treasurer RESOLUTION # KPA-83-001 A RESOLUTION TO RECOMMEND AN AMENDMENT TO THE COMPREHENSIVE DEVELOPMENT.PLAN 'UR 'rAE KALISPELL PLANNING AREA, CONCERNING CERTAIN PROPERTY OF BURLINGTUN NC IN INC., IN THE CITY OF KALISPELL On December 15, 1.982, the Glacier Park Company, a subsidiary of Bur- r,0_a Northern, Inc., submitted an appiication for a proposed amendment of t.r '3l<<<rd lase Plan portion of the Comprehensive Plan of the Kalispell City-i,ounty P'k,�.artin% Area. currently in effect for a portion of the property of the said ,�xrlin,gton_Northern, Inc., situated within the City of Kalispell, and, _S, the Flathead Regional Development Office has conducted & study of findings prc-posed amendments and submitted a report of it.s evaluation, i..,od recommendations thereon, and public ?gearing as required by Section7 -1a 60n Kalispell city -County g has been duly noticed and was held by the r.ozrd oa March 8,.1983, and at said public hearing the following facts have- ,C: C a found by said K�Jispell City -County Planning Board: 1. The need fox direct and.adjoining railroad service to the downtown.. area of the City of Kalispell has diminished since the Landlase Plan portion of the Comprehensive Plan of the Kalispell City -County Plan- ning Area wasadopted in 1974. Further, the concept of industrial development within the core area of the City of Kalispell, which prompted designation of the property of Burlington Northern, Inc., between Fifth Avenue West and Third avenue East bordered by Center-, Street and the Northern boundary of the railroad property as "Indus- trial" is incompatible with other land uses which•exist in the City core area, and, 2. Changing trends and factors in industrial location criteria warrant a re-evaluation of the portion of the Kalispell Area Comprehensive Plan pertaining to the area presently designated as Industrial use in the Central Businesss District, and, 3. The optimum land use for.said property of Burlington Northern, Inc., based upon size, location, accessibility, need and compatibility with adjoining developments, is now "Commercial" within the meaning of that use category as applied by said Land Use Plan..Thi.s is due to the size of the tract involved, its location and accessibility to other "Commercial" and "Industrial" areas of the City of Kalispell and the need of the City of Kalispell for an expanded commercial area because of its continued development as a large local and regional retail center, and, i 4. Nothing incompatible to uses allowed in areas adjoining said tract has been found to be reasonably foreseeable, should said tract be designated as "Commercial" instead of "Industrial", and, 5. Should said tract be developed as "Commercial", the economic base.. of the City of Kalispell will be enhanced by development of retail. and tourist: oriented businesses.within the City in an area that is Otherwise proving to be dormant. as a developing area. Further, such development would contribute toward the revitalization of the entire City of Kalispell, as well as the downtown area, enhance the economic base and thus increase jobs for the entire Planning Area, New com- n+ercial development in an area now occupied by several railroad tracks that stand vacant a good deal of the time would improve the aesthetic values of the community by removing a semi --blighted area and encourage modern landscaping therein. 6. Other designated Industrial areas within the Planning Area that are presently vacant or underused will be encouraged to develop as planned; 7. Current uses in the tract are 40% commercial and increasing, where- as current industrial uses therein are decreasing; 1. Public expressions have been favorable to the amendment of and the reclassification of the Burlington Northern, Inc., tract involved herein from "Industrial" to "Commercial"; 9. it is in the best interests of the City of Kalispell as a whole that the tracb involved herein develop in "Commercial" uses and there appears to be no significant adverse impacts demonstrated to occur to existing city services and facilities by such development. f='PZ'REFORE, BE IT RESOLVED, that the Kalispell City -County Planning Board to the Mayor and City Council of the City of Kalispell and to the of County Commissioners of Flathead County, that the Laird Use Plan portion Comprehensive Plan of the Kalispell City -County Planning Area adopted u.n 19Y4 a"�d thereafter. from time to time amended, be further amended as.follows; --Zue III-1page 111-9Chapter , , a ter 3 thereof, be amended to charge the z. lann use designation from "Industrial" to "Commercial" for the Burlington N;4rthern, Inc., Right -of -Way between Fifth Avenue West and Third �r�t in the City of Kalispell. .Avenue by affirmative vote of seven (7) members of a Kalispell City-„ount ."; _!Minn, .Board this Sth day of March, 1983. Y Ed Tripp President KalispeL City -County Planning Board Page 2 of 2 '., the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a -Erse f�) y of the Resolution passed by the City Council of the City of Kalispell, Montana at a �4 gular meeting held - 9 f3 , City Clery of the City of Kalispell