3. Resolution 4743 - Rescind Master Plan Amendment - Wolford DevelopmentCity Attorney
Charles A. H.A.11
City of Kalispell
Office of City Attorney
312. First Avenue East
P.O. Box 1997
Kalispell, bIT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
J,arball@kAsp.H.co.
SUBJECT: Recision of Master Plan Amendments made after October 1, 2001.
MEETING DATE: October 7, 2002
BACKGROUND: Two conditional Master Plan Amendments [Glacier Mall and West View
Estates] have been approved since October 1, 2001. Although both of these actions were contingent
upon and were to become effective only upon the annexation of the properties into the City, the
recent Attorney General Opinion that we requested holds that the literal reading of the statute will
be enforced. Therefore both of these developments will have to be placed on hold until the City has
a growth policy in place. At that time the applicant may or may not need to seek an amendment to
the growth policy and will then go forward with their annexation, zoning and subdivision plans. hi
the meantime there is nothing to be gained by either challenging the AG opinion in court [because
of the time factor] or by leaving the resolutions in place when they can have no real effect.
RECOMMENDATION: Given the legal landscape that has developed the Council should seriously
consider rescinding Resolution 4717 [Glacier Mall] and 4719 [West View Estates]
FISCAL EFFECTS: City resources will likely be saved by rescinding the prior resolutions.
Respectfully submitted,
1 %=
Charles ar all, ¢ity Attorney
Chris Kukulski, City Manager
RESOLUTION NO. 4743
A RESOLUTION TO RESCIND RESOLUTION 4717 ADOPTING A RECOMMENDED
AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN.
WHEREAS, Wolford Development Inc., on the 15th day of April, 2002, submitted to the City of
Kalispell a Petition for Annexation and an Annexation/Initial Zoning and Initial Master
Plan Designation Request to the City of Kalispell to amend said Master Plan by
changing the designation on approximately 232 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 Subdivision, described as Assessor's Tracts 7, 7E, 7EB, 7ED, 7G, 7J,
7F, 3A, 3B and 3BA, Section 28, Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana, from "Industrial", "Agricultural" and "Residential" to "Commercial";
and
WHEREAS, on May 28, 2002, after public hearing and consideration of the proposed amendment,
the Kalispell City Planning Board amended and adopted report #KMPA-02-2, as the
findings of fact and recommended approval of the proposed master plan amendment;
and
WHEREAS based upon the amended report (#KMPA-02-2), the Minutes and recommendations of
Kalispell City Planning Board, and the input received at the hearing of June 24, 2002,
the Kalispell City Council, pursuant to § 76-1-102, MCA, determined to amend the
Master Plan to be contingent upon and to become effective upon the annexation of said
area into the City of Kalispell and finding such amendment would: 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 of Kalispell requested an opinion from the Montana State Attorney General
inquiring, in part, whether a comprehensive plan [Master Plan] "adopted prior to
October 1, 1999 has any continuing legal effect after October 1, 2001, if it does not meet
the current requirements of Mont. Code. Ann. § 76-01-601'; and
WHEREAS, on September 26, 2002 the Montana State Attorney General issued his opinion holding
that a comprehensive plan [Master Plan] adopted prior to October 1, 1999 has no legal
effect as a basis for new local zoning or subdivision regulations unless it meets the
requirements of a growth policy pursuant to Mont. Code Ann. § 76-0-601; and
WHEREAS, the Attorney General Opinion has the force and effect of law until otherwise ruled upon
by a court of law; and
WHEREAS, the Kalispell City Planning Board is currently in the process of developing and
recommending a Growth Policy for the City of Kalispell; and
WHEREAS, the City of Kalispell currently lacks the legal basis to provide the initial zoning and
subdivision approval requested by the applicant; and
WHEREAS, the applicant may reapply, as necessary, for such land use designations following the
adoption of the Kalispell City Growth Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. Resolution No. 4717 passed and approved by City Council and signed by the
Mayor of the City of Kalispell is hereby rescinded.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF OCTOBER, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk