Ordinance 1303 and AttachmentsORDINANCE NO. 1303
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS LOTS 1, 2 AND 3, DALEY FIELD
SUBDIVISION, SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY (PREVIOUSLY ZONED P-1, PUBLIC) TO B-2 (GENERAL
BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell and RSI, LLC (Rosauer's
Supermarkets, Inc.), the owners of property described above,
petitioned the City of Kalispell that the zoning classification
attached to the above described tract of land be changed to B-2,
General Business, and
WHEREAS, the property as described exists as property
surrounded to the North by P-1 Zoning (Public), to the East by B-2
and I-1 Zoning (General Business and Light Industrial), to the
South by B-2 Zoning (General Business), and to the West by P-1
Zoning (Public), and
WHEREAS, the petition of the City of Kalispell and RSI, LLC
(Rosauer's Supermarkets, Inc.) was the subject of a report compiled
by the Flathead Regional Development Office, #KCZ-98-5, dated
January 4, 1999, in which the Flathead Regional Development Office
evaluated the petition and recommended that the property as
described above be zoned B-2, General Business as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report amending the FRDO report and deferred
approval to the City Council as to whether to rezone the property
as described B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-2, General Business,
the City Council adopts, based upon the criterion set forth in
Section 76-3-608, M.C.A., and State, Etc. v. Board of county
o m`ss'onPrs,_Etc_ 590 P2d 602, the findings of fact of FRDO as
set forth in Report No. KCZ-98-5, as amended by the Zoning
Commission.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the property described as
Lots 1, 2 and 3 of Daley Field as B-2, General Business.
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Page 28 - Kalispell Zoning Ordinance
Sections:
27.14.010
27.14.020
27.14.030
27.14.040
CHAPTER 27.14
B-2 GENERAL BUSINESS
Intent
Permitted Uses
Uses Which May Be Permitted By Conditional Use Permit
Property Development Standards
27.14.010: Intent. A business district to provide areas for those retail sales and service
functions and businesses whose operations are typically characterized by
outdoor display, storage and/or sale of merchandise, by major repair of
motor vehicles, and by outdoor commercial amusement and recreational
activities. This district would also serve the general needs of the tourist and
traveler. This district depends on the proximity to major streets and arterials. This
district should be located in business corridors or in islands.
27.14.020: Permitted Uses.
(0. Appliance distributors, wholesale/repair.
(2). Athletic club.
(3). Automobile parking, commercial or public.
(4). Automobile sales.
(5). Automobile rental agency.
(6). Automobile repair garages, excluding body shops.
(7). Automobile service station (see definition).
(8). Bakery/deli, wholesale and retail, less than 1,500 square feet
manufacturing area.
(9). Barber and beauty services.
(10). Bar, tavern, cocktail lounge, clubs and associated commercial
enterprise.
(11). Boat sales, new and used.
(12). Building materials, storage/sale including lumber yards._
(13). Bus passenger terminal buildings, transit terminals.
(14). Car wash, automobile detailing shop.
(15). Catering establishments.
(16). Church/worship/parish/Sunday school buildings.
(17). Dairy bar/ice cream manufacturing, retail on premise.
(18). Electrical sales and contracting companies.
(19). Food processing/retail on premises -no killing or dressing of
flesh or fowl.
RESOLUTION NO. 4451
A RESOLUTION AMENDING RESOLUTION NO. 3306 BY REDEFINING THE
PERIMETER BOUNDARY OF THE LANDING FIELD OF THE KALISPELL CITY
AIRPORT.
WHEREAS, the City of Kalispell established the perimeter boundary
of the Kalispell City Airport through Resolution 3306 on
September 8, 1980; and
WHEREAS, Phase I of a feasibility study for the Kalispell City
Airport has recently been completed, revealing certain
discrepancies between the height restrictions established
by Resolution 3306 and height restrictions desired by the
Federal Aviation Administration as part of an upgrade to
the airport; and
WHEREAS, the height of buildings and other structures surrounding
the airport should be subject to such regulation as to
promote the public order, health, and safety, and to help
ensure the airport and surrounding uses are compatible
with a potential upgrade of the airport facilities.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
SECTION I. That Resolution 3306 is hereby amended by
deleting all paragraphs beginning with "NOW
THEREFORE, BE IT RESOLVED" and replacing said
paragraphs with the following:
"SECTION I. That for purposes of Section 67-5-201,
M.C.A. et secr., the established perimeter
boundary, as distinguished from the
actual boundary of the Kalispell City
Airport, shall be defined as a line
located on each side of the runway at one
hundred twenty-five (125) feet from the
runway center line and extending two
hundred (200) feet beyond each end of the
runway, with the northwest ends of each
such segment connected by a straight line
two hundred fifty (250) feet in length
and the southeast ends of each such
segment connected by a straight line two
hundred fifty (250) feet in length.
4451 airport boundary.wpd 1
ORDINANCE NO. 1242
AN ORDINANCE APPROVING THE KALISPELL CITY AIRPORT/ATHLETIC COMPLEX
REDEVELOPMENT PLAN ANALYSIS FOR THE CITY OF KALISPELL, MONTANA AS
AN URBAN RENEWAL PLAN; AUTHORIZING THE MANAGER TO IMPLEMENT THE
PLAN WITH THE POWERS CONTAINED IN THE URBAN RENEWAL LAW, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, under the provisions of the Montana Urban Renewal Law,
the City Council of the City of Kalispell, Montana, did
adopt Resolution No. 4256 finding that 1) blighting
conditions exist within the area of the Kalispell City
Airport Neighborhood Plan, and 2) that rehabilitation,
redevelopment or a combination thereof, within the area
is necessary in the interest of public health, safety and
morals or welfare of the residents of the City of
Kalispell, and
WHEREAS, the City Council of the City of Kalispell acting in its
capacity as the Urban Renewal -Agency has directed that an
urban renewal plan for the blighted areas be developed in
accordance with the Montana Urban Renewal Law; and
WHEREAS, the City Council of the City of Kalispell, Montana
(herein Agency) has caused to be made detailed studies of
the land uses, ownership, building conditions,
demographics, transportation and safety within the
Neighborhood Plan area and determined that said factors
contribute to blighted conditions under S 7-15-4206, MCA,
and are detrimental and a menace to the safety, health
and welfare of the inhabitants and users of the area, and
WHEREAS, the Agency has been fully apprised and is aware of the
factors and conditions, and
WHEREAS, there has been prepared an Urban Renewal Plan for the
project, known as the Kalispell City Airport/Athletic
Complex Redevelopment Plan Analysis (hereinafter
Analysis) which has been reviewed by the Airport Advisory
Board, an official advisory group; and
WHEREAS, in accordance with Title 7, Chapter 15, Part 42, Montana
Code Annotated, the City/County Planning Board is the
duly designated and acting official planning body for the
City and has submitted to the Agency its input and
recommendations. with respect to the Analysis and has
certified that the Analysis conforms to the general plan
for the locality and the Agency has duly considered the
input, recommendations and certification of the Planning
Board, and
1
199736015190 �
�7- S14 aO
RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this Z4 day of December, 1997, by
and between CITY OF KALISPELL, a municipal corporation ("City"), and RSI, L.L.C., a
Washington limited liability company being qualified in Montana, the sole initial member of
which is ROSAUERS SUPERMARKETS, INC., a Washington corporation ("RSI").
A. City is the owner of Lot 1, Daley Field Subdivision, located in the NW 1/4 of
Section 20, T28N, R21W, P.M.M., Kalispell, Flathead County, Montana
("City Property"). City also owns Lot 3, Daley Field Subdivision ("Lot 3").
B. RSI is the owner of Lot 2, Daley Field Subdivision, located in the NW 1/4 of
Section 20, T28N, R21 W, P.M.M. , Kalispell, Flathead County, Montana
("RSI Property").
C. City and RSI wish to grant to one another an easement upon Lots 1 and 2,
Daley Field Subdivision, to construct and maintain a private road serving both
of their properties. To that end, they are entering into this Reciprocal
Easement and Maintenance Agreement.
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GRANT OF RECIPROCAL EASEMENTS
1.1 City hereby grants to RSI, and RSI hereby grants to City, an easement as
more fully described herein.
1.2 With respect to the grant by the City:
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1.2.1 The Benefitted Property shall be the RSI Property.
1.2.2 The Burdened Property shall be a thirty (30) foot strip of land lying
immediately north of and contiguous to the southern boundary of Lot 1,
Daley Field Subdivision.
EASEMENT AND AGREEMENT - 1
ARTICLE 3
Section 3.1. Squencing. of Events. CITY. The CITY shall cause plans and
specifications to be prepared for signalized intersections (referenced in § 2.2 (g), above)
in conjunction with the reconstruction of U.S. Highway #93 South, which will include
a realignment of 31 Avenue East, scheduled to begin in 1999 by the Montana Department
of Transportation. In the event the Montana Departrnent of Transportation does not
reconstruct U.S. Highway #93 as anticipated the CITY shall cause to be constructed
temporary traffic signalization at the private drive and U.S. Highway #93, only, on or
before September 30, 1999. Construction contracts for said lights shall be let in
accordance with Montana law and the State will supervise the construction and installation
of said lights in the same manner as other public improvements within the CITY. CITY
will use its best efforts to secure realignment of 3' Avenue East with the reconstruction
of U.S. Highway #93. In the event 3n° Avenue is not relocated the CITY will pursue
alternative financing methods for the relocation.
Section 3.2. If CITY has completed or provided to DEVELOPER satisfactory
assurances that it will timely complete the infrastructure improvements for which the
CITY is responsible under Section 3.1, above, DEVELOPER will commence construction
of its on -site and off -site improvements, after July 15, 1998 (when the property will cease
to be used as ballfields) and on or before September 30, 1999. The CITY and
DEVELOPER will coordinate the design and construction of their respective
improvements and will require their respective engineers and contractors to coordinate
Page 6 of 21
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DALEY BALLFIELD PHASE I SITE ASSESSMENT
FOR THE
CITY OF KALISPELL,
PLANNING, ECONOMIC, AND COMMUNITY DEVELOPMENT DEPARTMENT
BY
TETRA TECH INC.
October 1996