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Resolution 4718 - FAILED ON TIE VOTE - Rejecting Master Plan Amendment - Wolford DevelopmentFAILED -ON S-4' IaT`� JUL'Y 1,''2062 RESOLUTION NO. 4718 A RESOLUTION REJECTING A RECOMMENDED AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, the Kalispell City -County Master (Comprehensive) Plan was originally adopted by the Kalispell City Council on October 17, 1974 and by the Flathead Board of County Commissioners on October 14, 1974, and WHEREAS, a comprehensive amendment and update to the Kalispell City -County Master (Comprehensive) Plan was adopted by the Kalispell City Council on April 7, 1986 and by the Flathead Board of County Commissioners on February 6, 1986, and WHEREAS, Wolford Development Inc. and Stokes and Associates, on the 9th day of July, 2001, made an application to amend said Master Plan by changing the designation on 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 4KPA-01-102, 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 #KPA-01-102, as the findings of fact and recommended approval of the proposed master plan amendment, and WHEREAS, the City Council of the City of Kalispell scheduled a public hearing on the amendment on September 17, 2001, but it was canceled on the advice of legal counsel, and 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 14, 2002, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and received Tri-City Planning Office report 4KMPA-02-2, 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, on May 28, 2002, after 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, on June 3, 2002, the City Council of the City of Kalispell considered it advisable that they consider the proposed Master Plan Amendment and the recommendations of the Kalispell City Planning Board, and adopted a Resolution of Intention to Adopt,. Revise or Reject a Proposed Amendment to the Kalispell City -County Master Plan (Resolution 4707), and WHEREAS, on June 24, 2002, the City Council met, held a Public Hearing, and heard public comment on said 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 Council may, under § 76-1-102, MCA, amend the Master Plan if such amendment will: 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 Council hereby adopts Tri-City Planning Office amended report KMPA-02-2 as findings of fact. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell hereby rejects the requested amendment to the Kalispell City -County Master Plan, said amendment consisting of changing the plan for the area described above, from industrial, residential and agricultural to commercial. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF , 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk