Buffalo Commons PUD Ordinance 1401 - AmendmentORD I ANCE NO. 1401
AN ORDINANCE AMIENDING ORDINANCE NO* 1226 (PLANNED UNIT DEVELOPMENT,
BUFFALO COMMONS) BY AMENDING THE HEIGHT LIMIT FOR THE
MEDICAL/PROFESSIONAL FACILITIES POD, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Le c 1 arat ions of Covenants,, Conditions, and
Restrict ions , Buf falo commoris , (A) , (B) , ( ) , (D) and (E) ,
Section I, ordinance No. 1 2 6 , (Records of Flathead
County, Doc. No, 95 7615080) were initially filed on
January 26, 1998; and
WHEREAS, the Declarations of Covenants_r Conditions, and
Restrictions, Buffalo Commons, were modified on September
9, 2001, by the First Amendment to Declaration of
Covenants, Conditions and Restrictions (No. 2 o 0 0 , 7 3
11080, Records of Flathead County); and
WHEREAS, Article IX, entitled Amendment, reads
"This Declaration may be amended by an instrument signed
by the owners of seventy-five percent (7 5 %-) of the
land..."i and
WHEREAS, Northwest Healthcare Corporation owns at least 75%r of the
land of Buffalo Commons, Medical Prof es s ional Facilities ,
and desire to amend the Covenants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of
AL I S PELL , AS FOLLOWS
SECTION That the Declarations of Covenants,
Conditions r and restrict ions, Buf falo Commons,
Article V1, , Section 2, Building Size, is
hereby amended by deleting it in its entirety
and replacing it as follows;
Section 2. Bui,�l�cr Size. Each building or
other structure shall be constructed, erected
and maintained in strict accordance with the
approved plans and specifications. Maximum
building height shall be 35 feet, provJ ded
that any hospital building height or structure
may have a maximum building height not to
exceed 60 feet.,
SECTION I I i All other parts and portions of ordinance No,
1226, not amended hereby, shall remain the
same. E
NC
ORDINANCE NO, 1402
AN ORDINANCE .RELATING TO THE MODIFICATION OF THE LISPELL MONTANA
DOWNTOWN URBAN RENEWAL PLAN ( THE URBAN RENEWAL PLAN) TO APPROVE A
CERTAIN PROJECT AS AN URBAN RENEWAL PROJECT,
BE IT ORDAINED by the City Council (the "Counc i 1 ft) of the City
of Kalispell, Montana ( the "City") as follows-,
Section 1. Recitals. The City by ordinance No. 933 (the
"Ordinance") , passed and approved on September 10, 1979, created
the Kalispell Montana Urban Renewal District as an urban renewal
district (the uDistrict►►) and approved the Downtown Urban Renewal
Plan (the "Plan,") for the District containing a tax increment
financing provision as set forth in the ordinance, pursuant to
Montana Code Annotated, Title 71 Chapter 15, Parts 42 and 43, as
amended (the "Act") . Pursuant to the Act and the procedures
contained in the Plan, the city has established the procedures for
approving urban renewal projects from time to time. Pursuant to the
Act and the procedures contained in the Plan, the City, in
Resolution No. 4632, has set forth an intention to establish
certain projects as urban renewal projects (the "Projects,,-,) , and
modify the Plan accordingly, has given notice and conducted a
public hearing with respect thereto.
Section 2. 'Modification of Plan and Appal of Project. The
City reconfirms the findings contained in Resolution No. 4632 and
hereby approves the following project as an Urban Renewal Project
and modifies the Plan accordingly:
Assistance in the Building of a Health Department
Facility+ The project consists of granting to Flathead
City/County Health Department/Flathead Board of Counter
Commissioners a sum not to exceed $ 5 o o , 0 0 o to assist in
the construction of a new Health Department Facility
within the Downtown Urban Renewal Area.
Section 3. Findings. The Council hereby finds, with respect to
the Project described in Section I hereof, as follows
a t a workable and feasible plan exists for making
available adequate housing for any persons who may
be displaced by the Project;
b . the Plan, as modified to include the Project,
conforms to the comprehensive plan or parts thereof
of the City;
C. the Plan, as modified to include the Project, will
afford maximum opportunity, consistent with the
needs of the City as a whole, for the
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the Tax Increment Fund of the City, in proportions
yet to he determined, for the purpose of financing
all or a portion of the costs of the Project as set
forth above; and
ethe Project constitutes an urban renewal project
within the meaning of the Act and the Plant
Section 4. The Urban Renewal Project herein designated and
approved may be modified by the City Council of the City of
Kalispell if the Council determines by Resolution that an
adjustment to a Project or Projects is required in the best
interest of the City of Kalispell.
Section 5. All actions of the City Council heretofore taken
with respect to the Project herein designated, to the extent not
inconsistent herewith, are ratified and confirmed.
Section 6. This ordinance shall take effect from and after 30
days of its passage by the City Council and approval by the Mayor.
Section 7. Ap-Prova l of Pro ] e c t. 'This Council hereby approves ,
ratifies and confirms modification of the Plan to designate the
Project as an urban renewal project within and under and to he
undertaken pursuant to the Plan, and the Project is hereby
approved. All actions of this Council heretofore taken with respect
to the Project, to the extent not inconsistent herewith, are hereby
ratified and confirmed.
PASSED, ADOPTED and APPROVED on first reading this 1 TH day of
O TOE ER , 2001.
PASSED, ADOPTED and APPROVED on second reading this 5 TH day of
NOVEMBER, 2 o 01.
ATTEST;
Theresa White
City Clerk
t h 0 A*
ism. E . oha r s i
Mayor
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