Resolution 4448 - Adopt Amendment to Master Plan - Lincolnr •
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RESOLUTION NO. 4448
A RESOLUTION ADOPTING A RECOMMENDED AMENDMENT TO THE KALISPELL
CITY -COUNTY MASTER PLAN.
WHEREAS, on April 7t'', 1986, the City Council adopted the
Kalispell City -County Master Plan by Resolution No. 3641,
and
WHEREAS, William Lincoln, on the Ill:h day of September, 1998, made
an application to amend said Master Plan by changing the
designation of in excess of 135.5 acres of land located
generally along both sides of Conrad Drive at the
intersection of Conrad Drive and Anderson Lane and
described as Assessor's Lot 6 of Government Lot 3 in
Section 9, Township 29 North, Range 21 West; Assessor's
Tract 12 of Government Lot 5 and 6 in Section 9, Township
29 North, Range 21 West; Assessor's Tract 7 of Government
Lot 4, Section 10, Township 29 North, Range 21 West,
P.M.M., Flathead County, Montana, and
WHEREAS, on October 20th, 1998, the Kalispell City -County Planning
Board held a public hearing, after due and proper notice,
received public comment upon, and received FRDO report
#KMPA-98-2 which evaluated the proposal based upon the
goals and objectives of the Master Plan, the purpose of
zoning and current circumstances in the planning
jurisdiction, and
WHEREAS, at the conclusion of said public hearing and after
consideration of the proposed amendment, the Kalispell
City -County Planning Board, adopted report #KMPA-98-2 as
the findings of fact, and recommended to the City Council
of the City of Kalispell, that the proposed amendment to
the Kalispell City -County Master Plan be denied, and
WHEREAS, the City Council of the City of Kalispell, on December
7th, considered it advisable that they consider the
proposed Master Plan amendment and adopted a Resolution
of Intention to Adopt, Revise, or Reject a Proposed
Amending to the Kalispell City -County Master Plan
(Resolution No. 4436), and
WHEREAS, on January 4th, 1999, the City Council met, held a Public
Hearing, heard public comment on said Resolution of
Intention, and considered Resolution No. 4436, and
WHEREAS, based upon the report (#KMPA-98-2), the Minutes and
recommendations of Kalispell City -County Planning Board,
and the input received at the hearing of January 4th,
1999, the Council may, under § 76-1-604, MCA, adopt a
resolution either adopting, revising or rejecting the
requested amendment to Kalispell City -County Master Plan,
and
WHEREAS, the purpose of Master Plans under § 76-1-102, MCA is to:
1) encourage local governments to improve the health,
safety, convenience, and welfare of its citizens, 2) plan
for future development of communities so that highway
systems are carefully planned, 3) assure community
centers grow only with adequate highway, utility, health,
educational and recreational facilities, 4) observe needs
of agriculture, industry, and business in providing for
future growth; 5) provide for healthy surroundings for
family life in residential areas, 6) promote the
efficient and economical use of public funds in growth,
and
WHEREAS, based upon the evidence submitted at the hearing before
this Council, this Council finds:
1) ENCOURAGE LOCAL GOVERNMENTS TO IMPROVE THE HEALTH, SAFETY,
CONVENIENCE, AND WELFARE OF ITS CITIZENS
The evidence submitted at the hearing provides that the
proposed project will not adversely affect the health,
safety, convenience and welfare of the citizens and will
through the use of districts will provide for open space
in the area and add to the area's commercial potential.
The plan itself provides protection for pristine river
areas within the use districts.
2) PLAN FOR FUTURE DEVELOPMENT OF COMMUNITIES SO THAT HIGHWAY
SYSTEMS ARE CAREFULLY PLANNED
When the applicant sought residential development on this
property several years ago, the planning office required
that a roadway easement be set aside. This roadway has
been contemplated by this council and the county
commissioners for some time. This project is contingent
upon the roadway being built and therefore is supportive
of the planning for the potential roadway. The county is
seriously considering this roadway and believes it is
feasible.
3) ASSURE COMMUNITY CENTERS GROW ONLY WITH ADEQUATE HIGHWAY,
UTILITY, HEALTH, EDUCATIONAL AND RECREATIONAL FACILITIES
This project is contingent on the roadway, as stated
above, and sewer and water. The highway issue as
discussed above is based upon a potential need. This
project will provide additional recreational facilities
primarily to attract tourists. It will not adversely
impact education in that the project should not impact
the school population.
4) OBSERVE NEEDS OF AGRICULTURE, INDUSTRY, AND BUSINESS IN
PROVIDING FOR FUTURE GROWTH
This property has no agricultural economic viability.
Testimony supported the fact that this project is
supported by local business as encouraging opportunities
for support for our local business economy.
5) PROVIDE FOR HEALTHY SURROUNDINGS FOR FAMILY LIFE IN
RESIDENTIAL AREAS
This area will no longer be appropriate for family
residential use, if the roadway across the property is
created. Therefore, by placing the property in this type
of use, the plan will provide areas for non residential
use, thus protecting the existing family life within the
City of Kalispell.
6) PROMOTE THE EFFICIENT AND ECONOMICAL USE OF PUBLIC FUNDS IN
GROWTH
The applicant is not seeking the use of public funds, but
because of this project being based upon the road being
created and the applicant has expressed a willingness to
work with the county to assure the land necessary for the
roadway will be acquired by the county at a substantial
savings of public funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to § 76-1-604, MCA, the
City Council of the City of Kalispell
hereby adopts the findings of facts
contained herein and grants the requested
amendment to the Kalispell City -County
Master Plan by changing the land use
designation of the property described as
Assessor's Lot 6 of Government Lot 3 in
Section 9, Township 29 North, Range 21
West; Assessor's Tract 12 of Government
Lot 5 and 6 in Section 9, Township 29
North, Range 21 West; Assessor's Tract 7
of Government Lot 4, Section 10, Township
29 North, Range 21 West, P.M.M., Flathead
County, Montana from Open Space and
Suburban Residential to Resort
Commercial.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS ].aT DAY OF MARCH ` 1999 .
Wm. E. Boharski
Mayor
Attest:
Theresa White
Clerk of Council