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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