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4. Resolution 4744 - Rescind Master Plan Amendment - West View EstatesRESOLUTION NO.4744 A RESOLUTION TO RESCIND RESOLUTION 4719 ADOPTING A RECOMMENDED AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, Mark Owens, dba LBO Limited Partnership, on the 31 st day of January, 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 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", "High Density Residential' and "Neighborhood 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-02-1, as the findings of fact and recommended approval of the proposed master plan amendment; 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 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. 4719 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