1. Resolution 4660 - Referring Master Plan Amendment Request to Tri-City Planning4D City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
TO:
FROM:
Mayor Bill Boharski and Kalispell City Council
Charles Harball, Acting City Attorney
Chris Kukulski, City Manager
SUBJECT: A Resolution [4660] to Consider the Application to Amend
the City/County Master Plan to Change the Designation on Approximately
144 Acres of Land Located Generally on the East Side of LaSalle Road,
North of East Reserve Drive and West of Granite View Subdivision as a
Revision to the "Draft" Growth Policy and to Direct the Tri-City Planning
Office to Review Said Application and Report to the Kalispell City
Council No Later Than October 15, 2001.
MEETING DATE: October 1, 2001
BACKGROUND: The Council has an application before it for a change to
the Master Plan. This matter was the subject of the Council work session
on September 20, 2001 at which the Council was briefed and advised by its
legal counsel, Bill Astle, regarding the options and various possible
outcomes. A proposed resolution has been drafted by Mr. Astle for
Council consideration and action.
RECOMMENDATION: The Council must exercise due diligence in its treatment
of the application that has been submitted. The Council must also
consider the directive provided by the State Legislature to meet the
objectives of a Growth Policy. The Resolution offered to the Council
reflects the need to obtain Planning Staff review of the application and
professional staff advisement so that the Council may take action that
is well informed and appropriate. The Resolution presents definite short
term deadlines to meet these requirements. If Council is persuaded that
the Resolution adequately addresses these stated concerns, the Resolution
should be adopted.
FISCAL EFFECTS: This issue presents a conundrum in which absolute clarity
in the law is lacking and therefore litigation of the issue may be
reasonably anticipated, regardless of the choice of action taken by
Council. The action taken by Council by this resolution, however, is
prudent by any standards and may therefore be viewed as an inoculation
against future adverse fiscal effects.
Respectfully submitted,
Cha ` 1, Acting City Atty
Chris Kukulski, City Manager
RESOLUTION NO. 4660
A RESOLUTION TO CONSIDER THE APPLICATION TO AMEND THE CITY/COUNTY
MASTER PLAN TO CHANGE THE DESIGNATION ON APPROXIMATELY 144 ACRES
OF LAND LOCATED GENERALLY ON THE EAST SIDE OF LASALLE ROAD, NORTH
OF EAST RESERVE DRIVE AND WEST OF GRANITE VIEW SUBDIVISION AS A
REVISION TO THE "DRAFT" GROWTH POLICY AND TO DIRECT THE TRI-CITY
PLANNING OFFICE TO REVIEW SAID APPLICATION AND REPORT TO THE
KALISPELL CITY COUNCIL NO LATER THAN OCTOBER 15, 2001.
WHEREAS, the Montana Legislature, in 1999, determined at Section
36, Ch. 582, L. 1999, that: "A governing body that adopts
a master plan pursuant to Title 76, Chapter 1, before
October 1, 1999, may adopt zoning regulations that are
consistent with the master plan pursuant to Title 76,
Chapter 2, Part 2 or 3, until October 1, 2001"; provided,
however, amendments to said Master Plan are not
authorized and, therefore, may be deemed invalid, if made
after October 1, 1999; and
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 Flathead County Board of Commissioners, for
its review and consideration on August 22, 2001; and
WHEREAS, on the 9th day of July, 2001, an application was accepted
by Flathead County to amend the existing Kalispell City -
County Master Plan, requesting a change to said Master
Plan of 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
Subdivision, described as Assessor's Tracts 7, 7G, 7J, 7F
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 August 14, 2001, the Kalispell City -County Planning
Board held a public hearing, after due and proper notice,
received public comment upon, and received Flathead
County Planning and Zoning Office Report #KPA-01-102,
which evaluated the said application based upon the goals
and objectives of the existing Master Plan; and
WHEREAS, the Kalispell City -County Planning Board adopted report
#KPA-01-102, as the findings of fact and recommended
approval of the proposed Master Plan amendment; and
WHEREAS, the Flathead County Board of Commissioners approved said
Master Plan amendment on the day of September, 2001,
and transmitted said application to amend the existing
Master Plan to the Kalispell City Council 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
Kalispell 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
existing Master Plan; and
WHEREAS, it is the decision of the Kalispell City Council that
this application 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 -
County Jurisdictional area.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the City 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.
SECTION II. That the Tri-City Planning Office is hereby
directed to review said application as a
request to revise the proposed Growth Policy
presently under consideration for adoption by
the City of Kalispell and Flathead County for
the Kalispell City -County Jurisdictional area,
and to provide its written staff report to the
City Council no later than October 15, 2001.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 1ST DAY OF OCTOBER, 2001.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk