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Ordinance 1032 - Amends Ord 933 - Redevelopment Objectives348. 1-1 ORDINANCE NO. 10.32 AN ORDINANCE TO AMEND ORDINANCE NO. 933, (KALISPELL DOWNTOWN REDE- VELOPMENT PLAN), 'TO CHANGE THE REDEVELOPMENT OBJECTIVES AND DESIGN CONCEPTS THEREOF TO INCLUDE MALL -TYPE, COMMERCIAL AND CIVIC DEVE- LOPMENT AND OTHER RELATED USES ON EXISTING BURLINGTON NORTHERN RIGHT- OF-WAY, WITHIN REDEVELOPMENT AREA BETWEEN THIRD AVENUE EAST AND FIFTH AVENUE WEST AND NORTH OF CENTER STREET, AND FURTHER, TO AMEND PERTI- NENT MAPS ACCORDINGLY, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell did adopt Ordinance No. 933, "Kalispell Downtown Redevelopment Plan" on September 10, 1979; and WHEREAS, said Kalispell Downtown Redevelopment Plan was intended to guide community development and growth in a downtown development area of the City of Kalispell for a period of in excess of twenty years; and said Ordinance No. 933 provides for a procedure for amend- ment thereof as needed; and WHEREAS, the Glacier Park Company, a subsidiary of the Burlington Northern, Incorporated, did on January 26, 1983, request a Kalispell Redevelopment Plan amendment upon the property and within right-of- way of said Burlington Northern, Inc., bounded by Fifth Avenue West, and Third Avenue East, North of Center Street to permit retail, com-• mercial and business development within said area, which, under the Kalispell Downtown Redevelopment Plan, was designated for "Industrial" development only; and f� WHEREAS, .said request was referred to the Kalispell City --County Planning Board for review and recommendation in accord with Section 7-15-4213, M.C.A., and on March 10, 1983,.the Kalispell City -County Planning Board did submit to the City Council of the City of Kalispell the results'of its review of the proposed amendments and its recom- mendations for amendment to the Kalispell Downtown Redevelopment Plan; and WHEREAS, on May 20, 1983, the Kalispel-1 City Council did, in a Special Meeting, authorize the Kalispell City Clerk -Treasurer to pub- lish Notice of a Public Hearing to be held June 20, 1983 by the City Council concerning the proposed amendment to the Kalispell Downtown Redevelopment Plan, and to mail Notice of said Public Hearing to all persons who names appeared on the Flathead County Treasurer's tax rolls as the owners or reputed owners of all property within the area of the Kalispell Downtown Redevelopment Plan as designated in said Ordinance No. 933. WHEREAS, the said Kalispell City Clerk -Treasurer did properly publish and give written notice of said Public Hearing, pursuant to Section 7--15-4215, M.C.A.; and 349. WHEREAS, on June 20, 1983, the City Council of the City of Kal- ispell did hold a Public Hearing on the proposed amendment to the Kalispell. Downtown Redevelopment Plan (Ordinance No. 933); and WHEREAS, at said hearing the City Council of.the City of Kalispell_ did review and consider the Report of the Flathead Regional Development Office, (KRDA--83-A); and the Resolution of the Kalispell City -County Planning Board (KPA-82-004), passed by said City -County Planning Board on the 8th day of March, 1983; and written comments submitted by in- terested persons to the City of Kalispell City Clerk -Treasurer prior to the commencement of hearing; and statements both written and oral made by persons attending said hearing with regard to the proposed amendment to the Kalispell Downtown Redevelopment Plan; and comments of various City officers and employees; and WHEREAS, after consideration of the above referenced reports, recommendations. and statements, the City Council of the City of Kal- ispell finds it.both desirable and necessary to alter and amend the Kalispell Downtown Redevelopment Plan (Ordinance No. 933) in order to accommodate the long range concepts and long term community wide benefit which will accrue by implementation of the Plan in the best interests of the future of the City and its inhabitants. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Ordinance No. 933, "Kalispell Downtown Redevelopment Plan" is hereby amended as follows: A) The Section entitled "Redevelopment Objectives" on page 9 of Exhibit "A", Ordinance No. 933, be amended to include the following statement: "To provide for mall -type, commercial and . civic redevelopment of the Burlington Northern Right-of-way in a manner to com- pliment surrounding Commercial, Industrial -- Commercial and Residential areas." and to delete the following statement: "To provide for the development of an urban, light -industrial park by recognizing the need and planning for a functional -and highly or- ganized area along the railroad right-of-way, rather than in other commercial areas." and the remainder of the "Redevelopment Objectives" Section shallremain unchanged. B) The Section entitled "Design Concept", page. 10, Exhibit "A" of Ordinance No. 933 be amended by adding thereto: "#9. Special Anchor Area. Mall -Type Commercial Area to provide for.the development of commercial civic and other related uses in a mall-type°feature." 350. IN 1 C) Amend the Map Exhibit "Design Concepts", page 10 of Exhibit "A" of Ordinance No. 933 as follows: i). Amend the designation of that portion of Burlington Northern Railroad Right-of-way between Fifth Avenue West and Main Street and North of Center Street from an Area 5 (Indus- trial -Commercial) to an Area 9 (Special Anchor Area). 'ii) Amend the designation of that portion of the Burlington Northern Railroad Right-of-way between Main Street and Third Avenue East and North of Center Street from an Area 5 (Indus- triai-Commercial) to an Area 6 (Community Business)-. iii) To amend the legend by adding "#9 Special Anchor Area". D) That the Section entitled "THE CORE AREA - YEAR 200011, on page 11, Exhibit "A", Ordinance No. 933, is amended to read in the third paragraph as follows: "An Ornamental Park, just north of the Core will provide an interesting and aesthetic entry into the Core Area. The central axis of the Core will feature an improved Main Street with land- scaped, extended pedestrian concourses along either side. In addition, traffic -free zones are planned. This would be accomplished by the creation of four two -block superblocks composed of the eight existing blocks bounded by.Center and Fourth Streets and by First Avenue East and West. As the superblocks develop, they will be accompanied by overhead walkways and will feature attractive plantings and surface materials, areas for product dis- play and fashion shows, tourist, advertising, and information booths, and so on. The need for off-street parking accompanying superblock development cannot be overemphasized." E) The Section entitled "REDEVELOPED KALISPELL - YEAR 2000, Page 11, of Exhibit "A", Ordinance No. 933 is amended as follows: i) The subsection entitled "INDUSTRIAL -COM- MERCIAL AREA" shall be amended as follows: "INDUSTRIAL -COMMERCIAL AREA" "Increased retailing in the Core Area will require increased.warehousing and light -industrial type activity. The area comprising the Burlington Northern Railroad Right-of-way west of Fifth Avenue West is a prime area for an urban, light - industrial park_ A highly organized light - industrial park will show significant improvements in traffic movement, convenience through con- centration of activity, and aesthetics." ii) There shall be added a new subsection entitled "SPECIAL ANCHOR AREA" which shall read as follows: -51. "SPECIAL ANCHOR AREA" "Mall -type Development Area. To provide for the development of a commercial area allowing a mall-' type theme in the area presently occupied by the railroad yards immediately and adjacent to the C.B.D. and Core Area. The railroad portion of this area East of Main Street could also be re- developed as a local government office complex if appropriate land transfers can be arranged". F) That the Map Exhibits on Page 13, of Exhibit "A", Ordinance No. 933, be amended as follows: i) By deleting therefrom references to "Future Park Extension", and.L%y deleting the "loop road connecting Main Street and First Avenue West, and by deleting the "New Park - Town Square" from the legend contained in the maps. ii) By adding to the legend contained in the map entitled "Proposed Land Lase" a designation "Special Anchor Area" with appropriate signing. iii) By designating the Burlington Northern Rail- road Right-of-way.Area East of Fifth Avenue West and West of Third Avenue East and North of Cen- ter Street as "Special Anchor Area" in accor- dance with the legend. SECTION II. All other parts and portions of the Ordinance No. 933, Kalispell Downtown Redevelopment Plan, not herein amended or repealed remain the same. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage by the City Council a" approval by the Mayor. FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 5th DAY OF July , 1983. '2­L:1cD6well, Mayor ATTEST: Marj ie Giermann. Act' g City Clerk -Treasurer 1­ I, Marjorie Gie , City Clerk of the City of Kalispell, Montana, do certify that on the ago d.ay of , 19�, I posted a copy of the foregoing ordinance in o fice, and he same remained posted until the second reading on the � day of 19�, and the foregoing is a true and correct,copy of the ordinance as arse by the City Council. Clerk c)f the City of Kalispell, Montana.