CFBF 02/04/08I MMM
Feb. 4, 2008
Subdivision:
► Under state law and the city's subdivision regulations 2.06 D., f, (2) your approval
of a subdivision must be consistent with zoning for the area. Thus, approval of a
preliminary plat cannot be made until the zoning for the area is final.
► At your Jan. 22, 2008 meeting you failed to consider the fact and rules that govern
the submission of new information at a subdivision hearing. We are asking that you
comply with state law and your own regulations and consider this information as
required.
Request for or Consideration of New Information:
► "Kalispell Subdivision Regulations "2.06 D 4. If new information or analysis of
information, that has never been submitted as evidence or considered by the planning
board, has been submitted to the City Council, the Council shall proceed as set forth in
subsection (a) below.
a. If the City Council determines that public comments or documents presented at the
public hearing constitute new information or an analysis of information regarding the
subdivision application that the public has not had a reasonable opportunity to examine
and on which the public has not had a reasonable opportunity to comment, the City
Council shall determine whether the public comments or documents are relevant
and credible with regard to the governing body's decision, pursuant to subsections
(c) and (d) below.
b. If the City Council determines the information or analysis of information is either not
relevant or not credible, then they shall approve, conditionally approve, or deny the
proposed subdivision without basing its decision on the new information or analysis of
information; or
c. If the City Council determines the new information or analysis of information is
relevant and credible, then the City Council shall direct the planning board to schedule a
subsequent public hearing.
d. The planning board shall consider only the new information or analysis of information
that may have an impact on the findings and conclusions that the City Council will rely
upon in making its decision on the proposed subdivision. 6. New information or analysis
of information is considered to be relevant if it may have an impact on the findings and
conclusions that the City Council will rely upon in snaking its decision on the proposed
subdivision.
7. New information or analysis of information is considered to be credible if it is
based on one or more of the following:
a. Physical facts or evidence;
b. Corroborated personal observations;
c. Evidence provided by a person with professional competency in the subject
matter; or
d. Scientific data.
8. If a subsequent public hearing is held pursuant to subsection D.5.c above, it must be
held within 45 days of the City Council's determination request of a subsequent hearing.
Only the new information or analysis of information shall be considered at the
subsequent public hearing. a. Notice of the time, date and location of the subsequent
hearing shall be given by publication in a newspaper of general circulation in the county
not less than 15 days prior to the date of the subsequent hearing. b. At least 15 days prior
to the date of the subsequent hearing, notice of the subsequent."
Subdivision
Condition 910
The developer shall work with the Montana Department of Transportation to
consider a range of transportation mitigations including roundabouts in the design
of approach permits and to mitigate traffic impacts in the area.
EXHIBIT "D"
1. Environmental remediation facility;
2. Exterminating service;
3. Butane distribution;
4. Exterminating and fumigating warehouse;
5. Bulk storage of gasoline or fuel oil tanks.
6. Bulk storage of paint and varnish (except as incidental to retail sales);
7. Petroleum products packaging and storage (except as incidental to retail sales);
8. Adult book store or adult novelty store (meaning a store primarily engaged in the sale,
rental, distribution or display of pornographic, lewd, sexually explicit or so-called adult,
materials and not a general interest bookstore such as Barnes & Noble or B.Dalton or a
full -line video store such as Blockbuster Video, Video Update or Hollywood Video);
9. Adult theater or so-called "gentlemen's club" featuring nude, topless or scantily clad men
or women;
10. Day labor hiring hall;
11. Pawn shop;
12. Religious mission,including a charity dining hall;
13. Commercial loading of small arms or manufacture of ammunition;
14. Rock quarrying, sand and gravel or other mineral extraction;
15. Any assembling, manufacturing, distilling, refining, smelting, agriculture or mining
operation;
16; Transit terminal (except to the extent required by government authorities having
jurisdiction);
17. Propane sales (except as incidental to other retail sales or service);
1 S. Drive-in movie theater;
19. Movie theater,
20. Tattoo establishment;
21. Body -piercing establishment;
22. A second-hand store, thrift store, swap shop, liquidation outlet or used clothing store,
including any business that regularly sells merchandise referred to as "odd lot",
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"cancellation", "second", "factory reject", "sample", "floor model", "floor demonstrator",
"obsolescent", "distress", "salvage" or "damaged", but this shall not prohibit the operation
of a typical Ross or T.J. Maxx store or comparable store;
23. An auditorium or other general place of assembly;
24. Concrete or cement products manufacturing;
25. Plating or polishing shop (except as incidental, to a jewelry store);
26. Plating works or electric plating (except as incidental to a jewelry store);
27. Foster home or group foster home;
28. Farm devoted to hatching, raising, breeding and marketing of chickens, turkeys or other
foul, rabbits, fur -bearing animals or fish;
29. Feeder lot for horses, cattle, goats or sheep;
30. Farm;
31. Bail bond company;
32. Body and fender shop;
33. Cannery, slaughter house or meat processing or packaging plant;
34. Cesspool service;
35. Flour or grain elevator;
36. Motor vehicle fuel distribution facility;
37.Outdoor hay and straw storage;
38. Massage establishment (except for massage services offered by a health club, fitness
center, day spa beauty salon, beauty parlor, barber shop, nurse or chiropractor);
39.. Repair and rewinding of transformers or generators;
40. Outdoor paving materials storage;
41. Welding shop;
42. Wrecking yard or junkyard;
43. Shelter or dormitory intended to provide temporary shelter;
44. Residential uses;
45. Carnival;
46. Dumping or disposal of garbage or refuse (except as may be incidental to an otherwise
permitted use);
47. Flea market;
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48. Booths for the sale of fireworks;
49. Rehabilitation or treatment center for physical, mental or substance abuse;
50. A cemetery, crematorium, funeral home, funeral parlor, or facility for the sale of caskets;
51. A so-called "head shop" or facility for the sale, rental, distribution or display of drug
paraphernalia such as roach clips, bongs, water pipes, coke spoons, cigarette wrapping
papers, pipes and/or syringes;
52. A bowling alley, billiard parlour, pool room, game room or, amusement arcade;
53. A coin -operated laundry or dry cleaner (but this shall not be deemed to prohibit a pick-up
and drop-off facility offering incidental services such as pressing and tailoring);
54. The sale, rental or storage of motor vehicles or mobile homes (but this shall not prohibit
the promotional display of motor vehicles (but not mobile homes) in the common areas);
55. Churches, temples or other houses of religious worship;
56. The conduct of any auction, loss of lease, fire, bankruptcy or going out of business sale;
57. A school, including the operation of a pre-school or day care center;
58. Any business which operates on a part-time basis for only a portion of the week or
month;
59. Any governmental use;
60. Any outdoor sales or display of merchandise, other than ancillary to the operation of a
business conducted on the Out Parcel and which is approved by Declarant;
61. Or any other business which creates strong, unusual, obnoxious or offensive odors,
fumes, dust, dirt, fly ash or vapors, is a public or private nuisance, emits noise or sounds
which are objectionable due to intermittence, beat, frequency, shrillness or loudness,
creates any unusual fire, explosion or other damaging or dangerous hazard (including the
storage, display or sale of explosives or fireworks).
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H. BENEFITS OF RESTRICTIONS
The restrictions contained herein shall be effective as of the date hereof, shall run
with the land burdened thereby, shall be binding upon all owners and occupants thereof,
or any part thereof and improvements thereon; and their respective successors and
assigns, shall constitute encumbrances on the Out Parcels, and shall inure to the benefit of
Declarant and its designee and the Benefitted Parties, as hereinafter defined, and their
respective tracts. The Benefitted Parties are the fee simple owner of the
Tract and the fee simple owner of the Tract (as shown on Exhibit C)
and their successors and assigns who are owners of fee simple title to such tract. The
restrictions created herein shall terminate and expire on the later of (i) January 31, 2082,
or (ii) the termination or expiration of the Construction, Operation and Reciprocal
Easement Agreement by and between Declarant, and
dated of even date herewith. The restrictions set forth
herein shall not bind any other property of Declarant.
I. NO THIRD PARTY BENEFICIARIES
The restrictions created herein are for the sole benefit of Declarant and the
Benefitted Parties and are not intended and shall not be construed to dedicate any
easements to or create any rights in favor of any person, entity or the general public.
J. AMENDMENT
This Agreement may be amended by the written agreement of Declarant, or its
designee, and the Benefited Parties without the joinder of any other person or entity,
notwithstanding the fact that Declarant may sell the Out Parcels to third parties; provided,
however, such amendments shall be effective only as to such of the Out Parcels as are
owned by Declarant at the time of recording. of such amendment. Declarant reserves the
right (notwithstanding the fact that Declarant may sell Out Parcels to third parties or that
Declarant no longer owns any Out Parcels) to grant variances in writing with respect to
this Agreement or any amendment hereto as to a particular Out Parcel without the joinder
of any other person or entity except that the written consent of the Benefited Parties shall
be required with respect to a change in (1) the use of an Outparcel to a use which would
violate this Agreement (2) the height of any buildings or other improvement on an
Outparcel which would violate this Agreement (3) a parking ratio on an Outparcel which
would violate this Agreement or (4) a variance from any of the provisions of Paragraph C
regarding sign criteria. Any designee of Declarant shall be designated by written
instrument executed by Declarant which states that the designation is made pursuant to
this Agreement and which is recorded in the Recorder's Office of Flathead County,
Montana.
K. SEVERABILITY
If any term, covenant or restriction herein shall be invalid or unenforceable, the
remainder shall not be affected thereby, and each term, covenant and restriction shall be
valid and enforceable to the fullest extent permitted by law.
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Good Jobs First: Accountable Development, Key Reforms
sidies are used to subsidize activity in the private sector, companies and
public omGals must be held accountable for creating family -wage jobs and other community benefits. Good
Jobs First works with organizations and public officials across the country to reform economic development
practices and subsidy laws. The Key Reforms described here are a compilation of the best practices
developed and implemented nationwide.
With the exception of community benefits agreements, the best practices we advocate are legislative (and
sometimes administrative) reforms. The advantage of a legislative approach is that activists don't have to
stage a fresh site fight each time a new development deal is proposed. Instead, every deal enacted in that
region or under that subsidy program must adhere to the accountable development standards contained In
the law.
Good Jobs New York
This does not let citizens off the hook, however. An organizing approach is required to get public officials to
Good Jobs Illinois
take action, both in passing reforms and ensuring that they are properly enforced. Such an approach
Corporate Research
requires the Involvement of community groups, unions, religious organizations, environmentalists, budget
Project
watchdog groups, public officials, and others.
Below are some common-sense reforms, many of which are already on the books in some states and
cities. Click on the reform name for a more detailed description.
Reform #1: Require Disclosure or Subsidy Spending and Company Compliance
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Disclosure laws require states to release company -specific information on the type and
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amount of subsidies they gran(, the benefits companies have promised to create, and the
track record of companies in complying with those obligations. The availability of complete,
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accurate, and timely Information on the costs of subsidies and on compliance allows public
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officials and citizens evaluate whether subsidies are a good investment of taxpayer
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dollars.
Reform #2: Enact and Enforce Money -Back Guarantees on Subsidies ("Clawbacks")
Clawbacks, also called recapture provisions, are clauses in subsidy laws that require a
company to return all or part of the value of a subsidy if the company falls to meet the
obligations agreed to as a condition of receiving the award.
Reform #3: Ensure Ihat Subsidized Companies Create QUatily Jobs
Job quality standards are requirements that subsidized companies create full-time positions
paying livable wages and/or providing health insurance and other benefits. Wage and benefit
requirements enable government to avoid what Is in effect a double subsidy: the cost of
direct economic development aid as well as the cost of social support programs such as
Medicaid and food stamps needed by low wage employees to make ends meet.
Reform #4: Protect Education from Tax Giveaways
Property tax abatements are among the largest and longest -lasting subsidies companies
receive, and they can be devastating to the budgets of local schools. We can protect
education from lax giveaways by giving school boards veto power over the use of
tax -increment financing and other subsidy programs that impact their budgets.
Reform #5: Increase Accountability in the Subsidy Approval Process
Increased citizen Input in the subsidy award process means that decisions are no longer
made solely by corporate executives and development officials. Holding well -publicized
public hearings (at reasonable times) on proposed subsidy deals allows citizens to weigh In
before decisions are made. Requiring every subsidy deal to be voted on by elected bodies
allows citizens to hold their representatives accountable for making wise choices that create
real benefits with economic development dollars.
Reform #6: Keep Stale Tax Policy out of the Subsidy Debate
Companies have become adept at lobbying states for tax code changes that benefit their
local business Interests. They often use the threat of relocating or expending elsewhere to
pressure state governments to lower business taxes, thus forcing states Into a disastrous
tax -reduction competition. The result Is a decline in public services, a shift in the tax burden
to Individuals, or some of both.
Reform #7: Negotiate Community Benefits Agreements with Developers
Community Benefits Agreements (CBAs) are legally binding contracts between two private
parties — developers and community -labor coalitions — to ensure that major development
projects benefit local residents. Benefits are negotiated individually for each deal to fit the
needs of community groups, and often Include first -source hiring, living wages, and
affordable housing assistance. The agreements are then Incorporated into the city or county
development agreement, so that they are doubly enforceable by both citizen groups and
local governments.
Reform #8: Target Subsidies in Ways that Promote Smart Growth
Subsidies often contribute to sprawl, which harms working families. There are a number of
ways that subsidies can be used to promote smart growth, including tying subsidies to
transit, denying subsidies to retail, and instituting affordable housing requirements.
Reform #9: Anil -Poaching Agreements/Anti-Piracy Rules
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Good Jobs First: Accountable Development, Key Reforms
Also known as anti -piracy or anti -raiding agreements, these are pacts between states or localities to
forgo the use of subsidies to lure companies from one another's jurisdictions. Anti -piracy provisions
also exist in some federal subsidy programs but need to be expanded and enforced more
aggressively.
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