04A. Resolution 4448 - Adopting a Proposed Amendment to the City-County Master Plan (Lincoln Proposal)RESOLUTION NO. 4448
A RESOLUTION ADOPTING A RECOMMENDED AMENDMENT TO THE KALISPELL
CITY -COUNTY MASTER PLAN.
WHEREAS, on April r, 1986, the City Council adopted the Kalispell City -County Master Plan
by Resolution No. 3 64 1, and
WHEREAS, William Lincoln, on the I Vh 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 DAY OF 31999.
Wm. E. Boharski
Mayor
Attest:
Theresa White
Clerk of Council
RESOLUTION NO. 790 M
WHEREAS, William Lincoln has requested a revision to the
Kalispell City -County Master Plan, proposing to change the
designation of approximately 135 acres of land located in the
willow Glen Zoning District, on Conrad drive between the Stillwater
and Flathead Rivers, from Open Space and Suburban Residential to
Resort Commercial, is order that the property may be developed for
such uses as hotels/motels, truck stops, townhouses, recreational
activity, offices, RV sites, fraternal lodges, golf clubhouses,
convenience stores, laundromats, banks, travel agencies, and
others;
WHEREAS, the Board of_ commissioiiers published notice of a
public hearing, to be held on January 25, 1999, concerning the
requested revision, held that hearing on`the noticed date, and
adopted a resolution of intention (Resolution No. 790 1 dated
January 25, 1999) to formally consider the requested revision;
WHEREAS, the Kalispell City -County Planning Board has
recommended denial of the request; and
WHEREAS, the Board of Commissioners, on the basis of the
planning staff's report and the testimony presented at the public
hearing, has made the following findings of fact:
1. The proposed project will not Adversely affect the health,
safety convenience or welfare of the citizens and will through
the use of zoning regulations provide for open space and add
to the area's commercial potential. The Master Plan continues
to provide protection for pristine river areas within the
zoning districts.
2. The requested plan revision aids in the planning for future
roadways. 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 the Board of 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. The requested plan revision assures that community centers
will grow only with adequate .highway, utility, health,
educational and recreational facilities. The project is
contingent upon the roadway being developed, and upon the
provision of sewer and water by existing entities - either the
City of Kalispell or the Evergreen Water District. The project
will provide additional recreational facilities primarily to
attract tourists. It will not adversely impact education in
that it will not add to the school children population.
4. The requested plan revision observes needs of agriculture,
industry and business in providing for future growth. The
property has no agricultural economic viability and thus, the
project will not remove viable agricultural land from
production. The project is supported by local business
interests as encouraging opportunities for support for the
local business economy.
5. The requested plan revision does not interfere with the
provision of healthy surroundings for family life in
residential areas. The area will not be appropriate for
family residential use with the development of the proposed
roadway. By providing an area for non-residential use, the
project will protect the existing family life within the City
of Kalispell.
6. The requested plan revision promotes the efficient and
economical use of public funds in growth. The applicant is not
seeking the use of public funds. With the development of the
project and the roadway necessary thereto, the 7ablic will
acquire that roadway at a substantial savings of public funds.
NOW THEREFORE, BE IT RESOLVED, pursuant to Section 76-1-604,
M.C.A., by the Board of Commissioners of Flathead County, Montana,
that it hereby revises the Kalispell City -County Master Plan by
changing the designation of approximately 135 acres of land located
in the Willow Glen Zoning District, on Conrad drive between the
Stillwater and Flathead Rivers, from open Space and Suburban
Residential to Resort Commercial, in order that the property may be
developed for such uses as hotels/motels, truck stops, townhouses,
recreational activity, offices, RV sites, fraternal lodges, golf
clubhouses, convenience stores, laundromats, banks, travel
agencies, and others.
BE IT FUR=R RESOLVED that no change in the Kalispell City -
County Master Plan shall take effect until approved by both the
City Council of the City of Kalispell, Montana, and the Board of
Commissioners of Flathead County, Montana.
DATED this aAmo day of February, 1999.
BOARD OF COUNTY COMMISSIONERS
Flathead County, Montana
8y
Bale W. Williams, Chairman
B
obert W tne, Member
Howard W. Gipe, Member
ATTEST:
Susan W. Haverfield, Clerk
Deputy
February 3, 1999
Howard Gipe, Chairman
Flathead Board of County Commissioners
800 South Main
Kalispell, MT 59901
Re: Lincoln Master Plan Amendment
Dear Mr. Gipe:
The Council Agenda for February 1t, 1999 contained an agenda item
designated "Lincoln Master Plan - Update". During the discussion of
the status of the Lincoln proposal, a•moti.on was passed to defer
final Council action on the amendment until the Flathead Board of
County Commissioners finally acts on the request. It is my
understanding that the Commissioners have passed a Resolution of
Intention and will be considering a final resolution some time within
the next few weeks. Please keep the City informed of your activities
with regard to the amendment so that the Council can act promptly.
The Council also discussed the issue or whether or not the City's
approval of the plan amendment would commit the City to providing
utility service to the area. Please be advised that in the event the
master plan amendment is approved by the Council, the City does not
feel constrained in considering the merits of City utility service in
the future, based upon City policy. In the City's opinion the land
use issue is separate and apart from issues involving extension of
City services.
Please feel free to contact this office or the City Manager regarding
any questions or comments.
Sincerely,
Glen Neier
City Attorney
PC: City Council
Commissioner Watne
Commissioner Williams
Rich DeJana
Al Thelen