Resolution 4744 - Rescinding Resolution 4719 - 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 31st 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 corner 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 ofpublic 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 L 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
iviay0l
ATTEST:
Theresa White
City Clerk