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Resolution 4448 - Adopt Amendment to Master Plan - Lincolnr • • RESOLUTION NO. 4448 A RESOLUTION ADOPTING A RECOMMENDED AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, on April 7t'', 1986, the City Council adopted the Kalispell City -County Master Plan by Resolution No. 3641, and WHEREAS, William Lincoln, on the Ill:h 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 ].aT DAY OF MARCH ` 1999 . Wm. E. Boharski Mayor Attest: Theresa White Clerk of Council