Resolution 3966 - Opposing Grant of Preliminary Plat - Ashley Business Park54
RESOLUTION NO. 3966 —
A RESOLUTION IN OPPOSITION TO GRANTING PRELIMINARY SUBDIVISION
APPROVAL ON ASHLEY BUSINESS PARK.
WHEREAS, the Flathead Board of County Commissioners has
received an application for preliminary plat approval for a
commercial/ industrial subdivision, 40 acres in size, along U. S.
Highway 93 South at Cemetery Road, entitled Ashley Business Park,
and
WHEREAS, on April 7, 1986 the City Council of the City of
Kalispe 11 adopted Resolution #3642 establishing the Kalispell
City -County Master Plan Year 2010, and
WHEREAS, said subdivision is located within the
jurisdictional boundaries of the Kalispell City -County Master
Plan, and
WHEREAS, the Kalispell City -County Master Plan designates
the area comprising said subdivision as agricultural land, and
WHEREAS, said property is not within an established zoning
district and not subject to Flathead County Zoning Regulations,
and
WHEREAS, property near and adjacent to said subdivision has
been assigned agricultural zoning classification by the Flathead
Board of County Commissioners, and
WHEREAS, the approval of a commercial/industrial subdivision
in an area designated as agricultural would not conform to the
Kalispell City -County Master Plan, and
WHEREAS, the establishment of a commercial/industrial
subdivision upon the property would undoubtedly result in the
creation of uses not in conformance of the Master Plan, and . I
WHEREAS, under Little v Board of County Commissioners, 631
P2d 1232 (MT 1981), the Supreme Court of the State of Montana has
held that zoning must be in substantial compliance with the
Master Plan, and
WHEREAS, the approval of the proposed subdivision would lead
to uses which would under future zoning regulation be pre-
existing non -conforming uses as a result of the defacto use of
land in violation of the Master Plan, and
WHEREAS, neither the City of Kalispell nor Flathead County
can provide the necessary public utilities for servicing the
property and all sewer and water services would be on site, and
WHEREAS, the development of on site sewer and water services
for the subdivision may degrade the quality of life in the
Kalispell City -County Planning Area, and
WHEREAS, there is sufficient commercial/ industrial property
within the Kalispell City -County Planning Area to accommodate
such uses, with public utility services, without creating island
uses, without services, and
55
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That the City Council, for the reasons
stated above, opposes preliminary plat approval of
Ashley Business Park Subdivision, so long as the uses
authorized by the subdivision do not conform to the
Master Plan.
SECTION 11. That the City Council encourages the
Flathead Board of County Commissioners to exercise the
authority granted them under Montana law and adopt
comprehensive zoning regulations for all of Flathead
County.
SECTION III. That the City Manager is authorized and
directed to deliver a copy of this Resolution to the
Flathead Board of County Commissioners upon final
passage by the City Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 19th DAY OF NOVEMBER, 1990.
ATTEST:
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Am-y H./Robertson
City Clerk -Treasurer
M
P=_ ,
i Rauthe, Mayor