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2. Resolution 5605 - Amendment - West Side Urban Renewal PlanCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 - LTO: Doug Russell, City Manager FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Resolution No. 5605 — Amendment of the West Side Urban Renewal Plan to Include the Core Area Plan MEETING DATE: February 4, 2013 — Regular Council Meeting BACKGROUND: Late last year the City Planning Board and the City Council held hearings to take public comment and gather evidence regarding the Core Area Plan. This work resulted in an amendment to the city's growth policy to include the Core Area Plan into the policy. However, that action did not also amend the West Side Urban Renewal Plan to include the Core Area Plan although such plan overlays a large portion of the West Side District. The purpose of Resolution No. 5605 is to accomplish such amendment, utilizing the public hearings and evidence that was obtained. The Urban Renewal Agency will then have the direction it needs to move forward to consider projects within the West Side Urban Renewal District. RECOMMENDATION:. It is recommended that the City Council pass Resolution No. 5605 to modify the West Side Urban Renewal plan to include the Core Area Plan. FISCAL IMPACTS: There are no significant fiscal impacts to the City from this decision. Respectfully submitted, Charles Harball, Ci y Attorney P RESOLUTION NO.5605 A RESOLUTION AMENDING THE KALISPELL WEST SIDE URBAN RENEWAL DISTRICT PLAN WITH THE ADDITION OF THE CORE AREA PLAN AMENDMENT AS APPROVED IN THE KALISPELL GROWTH POLICY 2020. WHEREAS, the City of Kalispell, pursuant to Ordinance No. 1259, created the West Side Urban Renewal District on March 17, 1997, and approved the West Side Urban Renewal Plan; and WHEREAS, the City, pursuant to Ordinance No. 1347, amended Ordinance No. 1259 to provide the terms for the modification and amendment of the Plan including the designation and approval of urban renewal projects to be undertaken in the District, provided that the City Council held a public hearing prior to the consideration and approval of such urban renewal projects; and WHEREAS, the Kalispell Planning staff has studied the "Core Area", identified as the area affected by the railroad tracks traversing central Kalispell from east to west and which includes approximately 364 acres along the rail corridor within the city limits and more particularly described and shown in the Kalispell Planning Department report #KGPA-12-01; and WHEREAS, the Kalispell City Planning Board evaluated the Planning Department Core Area study and determined that it would be appropriate to amend the Growth Policy by incorporating the Core Area Plan into the Kalispell Growth Policy 2020; and WHEREAS, on November 13, 2012, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Planning Department report #KGPA-12-01; and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on December 17, 2012, and received two (2) oral public comments on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-12-01; and WHEREAS, based upon the recommendations of the Kalispell Planning Board, as well as consideration of the evidence provided by public comment, the City Council of the City of Kalispell, by Resolution No. 5601A, found that it is in the best interest of the City to amend the Kalispell Growth Policy 2020, pursuant to the recommendations of the City Planning Board and to adopt, as its findings, Kalispell Planning Department report #KGPA-12-01, and to amend the Kalispell Growth Policy 2020 by incorporating the Core Area Plan into the Growth Policy; and 1 WHEREAS, as the City has conducted duly noticed and proper hearings for the purposes of collecting public comment and evidence on the Core Area Plan and has acted legislatively to amend the Kalispell Growth Policy 2020, the Council therefore finds that it is appropriate and in the best interests of the City to also therefore amend the West Side Urban Renewal Plan to include the Core Area Plan so that it will be consistent with the approved growth policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the Kalispell City Council hereby adopts as an amendment to the West Side Urban Renewal Plan, the Core Area Plan as fully described in Kalispell Planning Department report #KGPA- 12-01 as attached and fully incorporated into Resolution No. 5601A. SECTION H. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF FEBRUARY, 2013. ATTEST: Theresa White City Clerk 2 Tammi Fisher Mayor