09/24/01 Astle/Draft ResolutionE9i'24/2001 08:51 4062573"c9 ASTLE LAW FIRM PAGE 02
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WHEREAS, the �,Aontana Legislature, in 1999, determined at Section
361 t sar that,governingbody that >rrr'
pursuant to iChapterbefore
Octi-iber 1, 1999, may adopt zoning regulations that are
corthe master !'istent withplan pursuant to Title 76,
Chpj'ter 2, Part 2 or 3, until October 1, 2001 "; provided-,
how��.-ver, amendments to said Master Plan are not
authoirized and, therefore,be deemed invalid,
WHEREAS,Pursuant to 76-1-601, MCA, entitled, Growth Policy, the
City of Kalispell submitted a proposed "draft" of the
Growth Policy for Kalispell City -County Jurisdictional
Area, to the Board of Flathead County Commissioners,
for it review and consideration on August 22, 2001; and,
WHEREAS, on the 91h day of July, 2001, an application was accepted
by Flathead County to amend the existing Kalispell City-
Cout ty Master Plan requesting a change to said Master
Plan Df approximately 144 acres of land located generally
on the East side of LaSalle Road (U.S. Highway 2),
North of East Reserve Drive and West of Granite View
Subc ivision, described as Assessor's Tracts 7, 7G, 7J,
7F', a nd 3BA, Section 28, Township 29 North, Range 21
Wes , P.M.M., Flathead County, Montana, from
"Indu trial", "Agricultural" and "Residential" to
"Co mercial"; and,
RESOLUTION
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WHEREAS, on
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gust 14, 2001, the Kalispell City -County Planning
held a public hearing, after due and proper notice,
ed public comment upon, and received Flathead
y Planning and Zoning Office Report #KPA-01 -102,
evaluated the said application based upon the
and objectives of the existing Master Plan; and,
WHEREAS, the 1-1
#KPJ
apprs 0 011436101*4glillill
WHEREAS, the Flathead County Board of Commissioners approved
said Master Plan amendment on the day of
Seplrember, 2001, and transmitted said application to
I
ame',icl the existing Master Plan to the Kalispell City
Coutlicil on the , day of September, 2001 - and,
WHEREAS, the professional planning staff of the Tri-City Planning
Office charged with the responsibility of providing the
Kali Pell City Council with its expert advice on planning
matters, such as the application to amend the Master
Plan has not reviewed this application to amend the
existlng Master Plan; and,
WHEREAS, it is he decision of the Kalispell City Council that this
appi anon to amend the existing Master Plan must be
processed as a request to revise the proposed Growth
Policy presently under consideration by the City of
Kalispell and Flathead County for the Kalispell City-
Countv Jurisdictional area,
JggAPW4NMJM7SOLVED BY THE CITY COUNCIL OF THE CITY
Al a '11_3 a 611:14 IN YL33. VS:
Section 1: That the Ci Council of the City of Kalispell shall process the
application requesting an amendment to the Kalispell City -
County Master Plan as a request to revise the proposed Growth
Policy.
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09/24/2001 08: 51 4062572"q ASTLE LAW FIRM PAGE 04
Section fl: That the Tri-City Pla-ning Office is hereby directed to review
said application as I request to revise the proposed Growth
Policy prelcently unde j consideration for adoption by the City of
Kalispell and Flathewd County for the Kalispell City -County
Jurisdictional area, a d to provide its written staff report to the
City Council no later En October 15, 2001.
I
PASSED AND APPROVED BY THE .*ITY COUNCIL AND SIGNED BY THE
MAYOR OF THE CITY OF 4LISPELLI THIS DAY OF October, 2001.
Uim
Theresa White, Kalispell City'Plerk
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ASTLE AND ASTLE
ATTORNEYS ANU COUNSELORS AT LAW
DAVID L. ASTLE
WILLIAM E. ASTLE
(406) 257-3268
PHONE
(406) 752.7393
FAX
(406) 257-3258
705 MAIN STREET
KALISPELL. MONTANA 59901
The 'information contained in is fax message is legally privileged and confidential
information intended solely fort e use of the persons or entities named below. if you are
not such persons or entities, you are hereby notified that any distribution, disseminations, or
reproduction of this fax message s strictly prohibited. If you have received this message in
error, please immediately call us ollect at (406) 752-7393.
DATE: 9/24/2001
TOTAL NUMBER OF PA
TO: Charles Harball, Esq.
Re: Resolution (Amending
TELEPHONE #:
FROM: William E. Astle
COMMENTS:
TIME: g , 5-o A4-K--
(including this. cover sheet): 4
FAX #: (406) 758-7771.
Plan)
Enclosed is the Resolution, per our discussions. If you have any questions, please
do not hesitate to give me a call, ,