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Resolution 4740/Amending Amendment to Master Plan,'I III I 1 111 I 0M V My I Do k1f.11 a M W 01 a Wei V V011111 Hey Wad M3 V D1 I'M W INTI WHEREAS, On January 31, 2002, Mark Owens, dba LBO Limited Partnership, made an application to amend said Master Plan by changing the designation on approximately 58 acres of land located on the northeast comer of Stillwater Road and West Reserve Drive, described as a portion of Assessor's Tract 5, Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, from "Agricultural" to "Urban Residential" on approximately 42 acres, to "High Density Residential" on approximately 9 acres, and "Neighborhood Commercial" on approximately 7 acres, and WHEREAS, on May 28, 2002, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and received Tri-City Planning Office report #KMPA-02- 1, 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 Planning Board, adopted report #KMPA-02- 1, as the findings of fact and recommended approval of the proposed master plan amendment, and WHEREAS, the City Council of the City of Kalispell considered it advisable that they consider the proposed Master Plan amendment and the recommendations ofthe Kalispell City Planning Board, and adopted a Resolution of Intention to Adopt, Revise, or Reject a Proposed Amendment to the Kalispell City -County Master Plan (Resolution 47 10), and WHEREAS, on July 1, 2002, the City Council met, held a Public Hearing, heard public comment on said Resolution of Intention and considered Resolution No. 47 10, and WHEREAS, based upon the report (#KMPA-02-1), the Minutes and recommendations of Kalispell City Planning Board, and the input received at the hearing of July 1, 2002, the Council may, under § 76-1-102, MCA, amend the Master Plan if such amendment will: 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, the City Council adopted Tri-City Planning Office report KMPA-02-1 as findings of fact, WHEREAS, the applicant, in response to the concerns raised by neighbors, the planning board and the city council, redesigned the proposed development plans, and consequently, the subdivision, to accommodate and address those issues; and WHEREAS, the Tri-City Planning Office recommends that those goals and policies of the development plan adopted as findings of fact by Council Resolution No. 4719 be amended as set forth in Attachment A, attached hereto and incorporated fully herein by this reference, so that the concerns that have been identified may be appropriately addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. The City Council of the City of Kalispell hereby amends Resolution No. 4719, a proposed amendment to the Kalispell City -County Master Plan, said amendment consisting of changing the plan for the area described above, from Agricultural to Urban Residential, High Density Residential and Neighborhood Commercial, and by amending the Goals and Policies as set forth in Attachment A, attached hereto and incorporated fully herein by this reference, and said amendment being contingent upon and becoming effective upon the annexation of said area into the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF SEPTEMBER, 2002. amela B. Kennedr Mayor ATTES ,,T: C"_Jlzez�z'�� )111WI�& fher'esa White City Clerk