Ordinance 1704 - Modifies West Side Urban Renewal District Boundaries201100024347
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Paula Robinson, Flathead County MT by SS 11J22%201$3:17 PM
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901 Re - r" r rec+
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Paula Robinson, Flathead County MT by ]L 1/31/2012 3:44 PM
WHEREAS, on December 5, 1994, the City Council (the "City Council") of the City of
Kalispell, Montana (the "City") adopted the West Side Urban Renewal District
Plan (the "Original Plan") as an amendment to the Kalispell City County Master
Plan; and
WHEREAS, the City Council also previously adopted Resolution No. 4309 that described the
legal boundaries (the "Original Boundary") for West Side Urban Renewal Tax
Increment Financing District (the "West Side Urban Renewal District") and made
detailed findings regarding (i) blight conditions existed within the area of the
West Side Urban Renewal District (as defined below) and (ii) that rehabilitation
and redevelopment or a combination thereof, within the boundaries of the West
Side Urban Renewal District was necessary in the interest of public health, safety
and morals or welfare of the residents of the City; and
on March 3, 1997, the City Council held a public hearing with respect to the
adoption of the Original Plan and the creation of the West Side Urban Renewal
District and the public was given an opportunity to be heard at such public
hearing; and
on March 17, 1997 the City Council of the City acting in its capacity as an Urban
Renewal Agency adopted Ordinance No. 1259, approving the Original Plan and
the creation of the West Side Urban Renewal District along the boundaries
described in Resolution No. 4309 and Ordinance No. 1259; and
WHEREAS, the West Side Urban Renewal District was created in conformance with and
pursuant to the powers granted to the City under the provisions of Montana Code
Annotated Title 7, Chapter 14, Part 24, as amended (the "Urban Renewal Act");
and
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WHEREAS, the City has continuously been administering the West Side Urban Renewal
District in compliance with the terms of the Urban Renewal Act and Montana law
since the creation of the West Side Urban Renewal District on March 17, 1997;
and
WHEREAS, many of the conditions that were present in the West Side Urban Renewal District
in 1997 are still present today and the City has reviewed the conditions that exist
in and around the boundaries of the West Side Urban Renewal District; and
WHEREAS, as in late 1996 and 1997, the Planning, Economic and Community Development
Department of the City ("Planning Staff"), along with other City staff, has
completed an extensive evaluation of the social, fiscal, and physical aspects of the
area in and around the boundaries of the West Side Urban Renewal District; and
passed and approved the West Side Urban Renewal District Plan (hereinafter
Plan) and the creation of the City's West Side Urban Renewal Tax Increment
District; and
WHEREAS, pursuant to City Ordinance No. 1347, on February 7, 2000, the City amended
Ordinance No. 1259 to modify the Original Plan and approve certain
infrastructure projects as urban renewal projects; and
WHEREAS, the Original Plan adopted a strategy to be followed preparing for redevelopment
in the West Side Urban Renewal District; and
WHEREAS, the Original Plan contained goals necessary for the implementation of the strategy
that have been met as well as goals of the Original Plan that have not been met;
and
WHEREAS, in 2011, the Planning Staff conducted an extensive review of the Original Plan,
including, mailings to property owners in and around the West Side Urban
Renewal District, public meetings, and soliciting input from residents and
businesses in the City, including those in and around the West Side Urban
Renewal District, in order to identify if the conditions detailed in the Original
Plan are still present in the West Side Urban Renewal District and to also see if
such conditions extend to areas adjacent to the boundaries of the West Side Urban
Renewal District; and
WHEREAS, Planning Staff has prepared an amendment to the Original Plan (the "Plan
Amendment" and together with the Original Plan, the "Plan") in staff report
KRD-11-1-A that details findings regarding the blighted conditions that continue
to exist in and around the boundaries of the West Side Urban Renewal District;
and
WHEREAS, Planning Staff prepared the Plan Amendment that amends the Original Plan by
extending the boundaries for the Plan to those set forth in Exhibit A attached
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hereto and made a part hereof and are depicted in the map set forth in Exhibit B
attached hereto and made a part hereof; and
WHEREAS, the Plan Amendment sets forth a detailed discussion of the condition of the
infrastructure in the area described in Exhibits A and B; and
WHEREAS, on September 6, 2011, the City Council passed Resolution No. 5527, as a
resolution of necessity under the Urban Renewal Act and finding that specific
identified blighted conditions exist in the contiguous areas of the West Side Urban
Renewal District which restrict the full attainment of the goals of the Original
Plan goals; and
WHEREAS, on September 27, 2011, the Kalispell City Planning Board met and held a meeting
to consider the request by the City to amend the boundaries of the West Side
Urban Renewal District and the adoption of the Plan Amendment; and
WHEREAS, the members of the public were provided an opportunity to speak at the Kalispell
City Planning Board meeting on the contents of the Plan Amendment and the
proposal to extend the boundaries of the West Side Urban Renewal District to
those set forth in the Plan Amendment; and
WHEREAS, prior to the Kalispell City Planning Board meeting on September 27, 2011,
Planning Staff also notified Flathead County, Montana and the Kalispell School
District regarding the possible Plan Amendment and the meeting of the Kalispell
City Planning Board to review the Plan Amendment and the possible expansion of
the boundaries of the West Side Urban Renewal District; and
WHEREAS, the members of the Kalispell City Planning Board voted unanimously to
recommend that the City Council consider the Plan Amendment and the extension
of the boundaries of the West Side Urban Renewal District to include additional
property that contains blight conditions; and
WHEREAS, on October 17, 2011, in conformance with Section 7-15-4215 of the Urban
Renewal Act, the City Council held a public hearing that was duly noticed and
considered all evidence given in regard to the proposed Plan Amendment to
extend the boundaries of the West Side Urban Renewal District as well as all
evidence reviewed by the Kalispell City Planning Board, including staff report
KRD-11-1-A of the Planning Staff.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The Plan Amendment, having been duly reviewed and
considered is hereby approved and the City Clerk is hereby
authorized and directed to file said copy (along with the
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Original Plan) with the minutes of this meeting and in the
Ordinance Book of the City.
SECTION II. Unless specifically amended by this Ordinance, the provisions
of Ordinance No. 1259 and 1347 are hereby confirmed and
remain in full force and effect and are reaffirmed. Such
provisions are also found to apply to the expanded boundaries
of the West Side Urban Renewal District.
SECTION III. The expansion of the boundaries for the West Side Urban
Renewal District as set forth in Exhibits A and B attached
hereto and incorporated fully herein by the reference is hereby
adopted and approved.
SECTION IV. That January 1, 2011 shall be established as the base year for
calculating tax increment for property added to the West Side
Urban Renewal District as a result of the adoption of the Plan
Amendment and the expansion of the boundaries of the West
Side Urban Renewal District.
SECTION V. The City Attorney is hereby authorized and directed to
recodify this Ordinance.
SECTION VI. This Ordinance is to be posted as required by law and copies
made available to the public upon request. This Ordinance
shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 21ST DAY OF NOVEMBER, 2011.
ATTEST:
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Theresa White
City Clerk
Tammi Fisher
Mayor
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Beginning at e intersection of Meridian Road and Highway 93 in Section 6, T wnship 28
North, Range 21 est and heading Southeast along Highway 93 to its intersectio ith Colorado
Street. Then hea West along Colorado Street approxima/boundar
to the Eastern
boundary of Assessor' Tract 5C, then South along the Easternaid parcel and
Seventh Avenue W.N. a ance of approximately 2,625 feet to iith Highway 2
West, then continuing South ross Highway 2 West and South Avenue West a
distance of approximately 1,725 et to its intersection with First S
Then West along First Street West distance of approxAately 1,050 feet to the Eastern
boundary of Assessor's Tract 5DDB, then along the uthern boundary of said tract and
Assessor's Tract 5DDA to Meridian RoaXeent.
ong Meridian Road to the Northern
boundary of the Burlington Northern railhen West along the easement for a
distance of approximately 350 feet; then astern boundary of Assessor's Tract
14A approximately 175 feet, then East appt; then North and West following the
boundaries of the city limits to Highway 2
From Highway 2 West, following the esterly most city limits Three Mile Drive. Then East
along Three Mile Drive to its in rsection with Northwest Lane. Then heading North along
Northwest Lane to the Northw t corner of Lot 29, Block 1, Northw t Tract. Then along the
Northern boundary of >Lot9 nd approximately 200 feet along the North boundary of Lot 13,
Block 1 of Northweacts; thenNorth along the Eastern boundary Lot 3, Block 1,
Northridge Heights Susion to Parkway Drive.
Then North alon Parkway Drive a distance of approximately 950 feet to the North st corner
of Lot 9, Blo 2, Northridge Heights Subdivision, then East along the Northern boun ary of
said parcel o its intersection with Highway 93 North, then South along Highway 93 Nor to
MeridiajyRoad and the point of beginning.
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1
Beginning at the intersection of North Meridian Road and U.S. Highway 93 North in Section 6,
Township 28 North, Range 21 West; thence southeasterly along the westerly right -of way
boundary of said Highway 93 to its intersection with the southerly right-of-way boundary of
West Colorado Street; thence westerly along said right-of-way line approximately 800 feet to the
northeast corner of Assessor's Tract 5C in Section 7, Township 28 North, Range 21 West; thence
southerly along the east boundary of said Tract 5C, a distance of approximately 545 feet to the
northeast corner of 71h Avenue West North; thence continuing southerly along the east right -of
way line of 7th Avenue West North to its intersection with West Washington Street; thence
easterly, approximately 5,850 feet to the east end of East Washington Street; thence
southeasterly along the southeast boundary of Assessor's Tract 30JD in Section 8, Township 28
North, Range 21 West, to the intersection of the northerly right-of-way boundary of U.S.
Highway 2; thence northeasterly along said right-of-way line to the north right-of-way line of the
Burlington Northern railroad line; thence southwesterly along said right-of-way line
approximately 115 feet; thence southeasterly to the south right-of-way boundary of said railroad
line; thence southwesterly along the south right -of way boundary of said railroad line
approximately 1,765 feet to the northwest corner of Assessor's Tract 30A in Section 8, Township
28 North, Range 21 West; thence southerly, approximately 295 feet along the west boundary of
said Tract 30A, to the southeast corner of Assessor's Tract 30-2 in Section 8, Township 28
Nc_rih, Range 21 West; thence westerly along the south boundary of said Tract 30-2,
approximately 50 feet; thence southerly along the centerline of Woodland Avenue to its
intersection with First Street East; thence westerly along First Street, approximately 6,120 feet,
to the west end of First Street West and the northeast corner of Assessor's Tract 5DDB in
Section 18, Township 28 North, Range 21 West; thence southerly to the southeast corner of said
Tract 5DDB; thence westerly along the south boundary of said Tract 5DDB and Assessor's Tract
5DDA to the westerly right-of-way line of Meridian Road; thence northerly along said west
right-of-way line approximately 740 feet to the southeast corner of Assessor's Tract 14AA in
Section 13 Township 28 North, Range 22 West; thence southwesterly approximately 316 feet
along the north right-of-way boundary of the Burlington Northern railroad line to the southeast
corner of Lot 1 of Appleway Business Park; thence north along the east boundary of said Lot 1,
to the south right-of-way line of Appleway Drive; thence continuing along a northerly extension
of the east boundary of said Lot 1, to the north right-of-way line of Appleway Drive; thence
easterly along said right-of-way line, approximately 60 feet to the southwest corner of Circle K
Addition; thence northerly, approximately 545 feet, along the west boundary of Circle K
Addition and Assessor's Tract 1C in Section 12, Township 28 North, Range 22 West, to the
northeast corner of Assessor's Tract lE in said Section 12;
thence westerly along the north boundary of said Tract lE and Assessor's Tracts 113 and lA in
said Section 12, to the northwest corner of Assessor's Tract IA in Section 12; thence southerly
along the west boundary of said Tract IA, approximately 390 feet to the southwest corner of said
Tract 1.A; thence easterly, approximately 175 feet, along the north boundary of Assessor's Tracts
7BCA and lAA in said Section 12, to the northeast corner of Tract IAA; thence southerly along
the east boundary of Tract lAA to the north right-of-way line of Appleway Drive; thence
westerly along said right-of-way line approximately 923 feet; thence northwesterly,
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approximately 185 feet and crossing U.S. Highway 2, to the intersection of the south end of
Corporate Drive and U.S. Highway 2; thence westerly, approximately 350 feet, along the north
right of way line of U.S. Highway 2 to its intersection with the south quarter comer line of
Section 12, Township 28 North, Range 22 West; thence north along said quarter section line
approximately 620 feet to a point; thence west, approximately 660 feet, to the northwest comer
of Assessor's Tract 6L in said Section 12; thence north approximately 650 feet, on a line
extended and parallel to the west line of said Tract 6L, to the southwest comer of the southern
park area in the Greenbriar Estates subdivision; thence continuing north along the west boundary
of said Greenbriar Estates subdivision, approximately 1,280 feet, to the south right-of-way line
of Two Mile Drive; thence easterly along said right-of-way line to the northeast comer of the
northern park area in the Greenbriar Estates subdivision; thence easterly and southerly along the
north boundary of Greenbriar Estates subdivision, to the northwest comer of Lot 13 of the
Westwood Park subdivision; thence east along the north boundary of said Westwood Park
subdivision, approximately 150 feet, to the southeast corner of Assessor's Tract 20 in Section
12, Township 28 North, Range 22 West; thence north along the west line of Lot 11 and the
Common Area in the Westwood Park subdivision, to the south right-of-way line of Two Mile
Drive; thence east along the south -right -way line of Two Mile Drive, approximately 765 feet to a
point; thence north to the north right-of-way line of Two Mile Drive; thence continuing north
approximately 1,205 feet, along the west boundaries of the Porta Villa, Teton Terrace, and
Hawthorne West VI subdivisions, to the northwest comer of the Hawthorne West VI
subdivision; thence west, approximately 900 feet along the south boundaries of the Valley View
Apartments, El Dorita Village and Liberty Village subdivisions, to the southwest comer of the
northeast quarter of Section 12, Township 28 North, Range 22 West; thence north along the west
line of the northeast quarter of Section 12, a distance of approximately 580 feet, to the southwest
comer of Assessor's Tract 5AF in Section 12; thence east, approximately 180 feet, to the
southwest corner of Lot 2 of Lantis Subdivision; thence north along the west boundary of said
Lantis Subdivision to the northwest comer of Lot 1; thence east to the northeast corner of Lot I
of Said Lands Subdivision; thence southeasterly and easterly along the north boundary of Lots I
and 2 of Lantis Subdivision, to the northeast corner of Lot 2; thence south, approximately 60 feet
along the east boundary of Lot 2 of Lantis Subdivision, to the northwest comer of Faith
Addition; thence east along the north boundary of Faith Addition, to the northeast comer of said
Faith Addition; thence north along the west boundary of Olson Addition; thence continuing
north, approximately 75 feet on a line that is a northerly extension of the west boundary of said
Olson Addition, to the centerline of Three Mile Drive; thence east, approximately 680 feet along
the centerline of Three Mile Drive; thence north, approximately 30 feet, to the west right-of-way
line of Northwest Lane; thence continuing north along said right-of-way line, approximately
1,308 feet, to the end of Northwest Lane; thence east, approximately 40 feet to the northwest
comer of Lot IA of Sinopah Subdivision; thence continuing east, approximately 595 feet along
the north boundary of Sinopah Subdivision, to the southwest comer of Lot 3 of Block I of
Northridge Heights; thence north along the west boundary of said Lot 3, approximately 110 feet,
to the northwest comer of said Lot 3; thence continuing north, approximately 60 feet on an
extension of the west boundary of said Lot 3; thence east to Parkwood Lane; thence northerly
along Parkwood Lane, approximately 900 feet to the northwest comer of Lot 9 of Block 2 of
Northridge Heights; thence east along the north boundary of said Lot 9, to its intersection with
U.S. Highway 93 North; thence southeasterly along U.S. Highway 93 North to the intersection of
Meridian Road and the point of beginning.
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Excepting therefrom:
A tract of land located in the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described
as follows:
Commencing at the Southeast 1/16 corner of said Section 12; thence
South 89°33'54"
West on and along the north boundary of said SW 1/4 SE 1/4 a distance of
293.24 feet to a point, which point is the True Point of Beginning; thence
South 89°33'54"
West continuing on and along said North boundary a distance of 218.02 feet to
a point: thence
So-:n 00°38'30"
West a distance of 200.00 feet to a point; thence
North 89°33'54"
East a distance of 218.02 feet to a point; thence
North 00°38'30"
East a distance of 200.00 feet to the True Point of Beginning.
Tract 1 of Certificate of Survey No. 10766
And excepting therefrom:
Parcel 00977 GN
The Northwesterly 30.0 feet of The Burlington Northern and Santa Fe Railway Company
(formerly Great Northern Railway Company) 100.00 foot wide Branch Line right of way, being
50.0 feet wide on each side of said Railway Company's Main Track centerline, as now located
and constructed upon, over, and across the SW 1/4 NE 1/4 of Section 8, Township 28 North,
Range 21 West of the Montana Principal Meridian, Flathead County, Montana, being a portion
of the property conveyed from the Kalispell Townsite Company to the St. Paul, Minneapolis and
Manitoba Railway Company by instrument dated August 25, 1892 and filed for record in the
office of the recorder of deeds in and for Flathead County, Montana on October 3, 1892 in Deed
Book 4, Page 472, and lying between two lines drawn parallel with and distant, respectively,
20.0 feet and 50.0 feet Northwesterly of, as measured at right angles from said Main Track
ccn.terime, and bounded between the North line of said SW 1/4 NE 1/4 and a line drawn at right
angles to said Main Track centerline distant 700.0 feet Southwesterly of said North line of the
SW 1/4 NE 1/4, as measured along a line drawn parallel with and distant 20.0 feet Northwesterly
of, as measured at right angles from, said Main Track centerline.
And excepting therefrom:
A tract of land in Government Lot 4, of Section 7, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, described as follows:
Commencing at the Southwest corner of said Lot 4; thence Easterly along the South boundary of
said Lot 4 a distance of 203 feet, more or less to the point of intersection with the Northerly
boundary of the Great Northern Railway Company right-of-way; thence
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North 76° 11' East along the Northerly boundary of said railroad right-of-way a distance of 498
feet to its point of intersection with the center line of the Kalispell Lumber Company spur tract,
and which point is the point of beginning of the tract to be described herein; thence from said
point of beginning,
North 76° 11' East along the Northerly boundary of the Great Northern Railway Company right-
of-way a distance of 395 feet more or less, to an intersection with the Westerly line of the Great
Northern Railway Company right-of-way; thence North 13°49' West along the said Westerly
line of the Great Northern Railway Company right-of-way a distance of 250 feet; thence North
76° 11' East along the Northerly boundary of the Great Northern Railway Company right-of-way
to its point of intersection with the Westerly boundary of Eighth Avenue West North; thence
North 13°49' West along the Westerly boundary of said Eighth Avenue West North, 252 feet;
thence
S`gr'1 76°11' West a distance of 92 feet more or less to a point on the center line of said
Kalispell Lumber Company spur tract as same is now located, thence Southwesterly along the
center line of said spur tract to the place of beginning.
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