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Resolution 5362B - NOT ACTED ON - Revise West Kalispell Growth Policy Amendment05/04/2009 NOT ACTED ON RESOLUTION NO. 5362B A RESOLUTION REVISING AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020, TO BE KNOWN AS THE WEST GROWTH POLICY AMENDMENT. WHEREAS, pursuant to MCA 7-1-601 the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003, and WHEREAS, pursuant to the statutory requirement that the enacted growth policy be reviewed on a regular basis the Kalispell Planning Board has been reviewing land use information, traffic patterns, environmental constraints, and growth trends in the areas west and northwest of Kalispell, and WHEREAS, based upon its review the Planning Board determined that it would be appropriate to expand the Growth Policy boundaries westerly and northwesterly to address the need to promote orderly growth and development in this area, and WHEREAS, the area to be included is described generally as the area west of Stillwater River and Stillwater Road, north of Two Mile Drive, east of Farm to Market Road, and south of Church Drive, and WHEREAS, on February 10, 2009, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Planning Department report #KGPA-09-1, which evaluated the proposal based upon the goals and objectives of the Growth Policy, 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 Planning Board adopted report #KGPA-09-1, as the findings of fact and recommended approval of the proposed Growth Policy amendment, and WHEREAS, the City Council of the City of Kalispell, on April 6, 2009, passed Resolution 5351, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy 2020 and called for a public hearing to be held on April 20, 2009, and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on April 20, 2009, and received three (3) public comments on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-09-1, which evaluated the proposal based upon the goals and objectives of the Growth Policy, the purpose of zoning and current circumstances in the planning jurisdiction; and WHEREAS, based upon the recommendations of the Kalispell Planning Board, as well as considering all of the evidence provided by oral and written public comment, the City Council of the City of Kalispell finds that it is in the best interest of the City to amend the Kalispell Growth Policy 2020, and revise the recommendations of the City Planning Board by adopting as its findings the following: WHEREAS, in all other respects, not inconsistent with the above, the Council adopts the Kalispell Planning Department report KGPA-09-1 as its findings of fact, and further finds that it is in the best interests of the City to adopt said revised amendment to the Kalispell Growth Policy 2020 as set forth in the attached Exhibit "A" and consisting of including approximately 16 square miles in the Potential Utility Service Area and assigning an appropriate land use only at such time and upon annexation to the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION L That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell hereby adopts the revised amendment to the Kalispell Growth Policy 2020, said amendment as set forth in the attached Exhibit "A" consisting of including approximately 16 square miles in the Potential Utility Service Area and assigning an appropriate land use only at such time and upon annexation to the city. SECTION H. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF MAY, 2009. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" LEGAL DESCRIPTION General Neighborhood Planning Boundary The Kalispell west neighborhood is described as an area generally whose south boundary is Two Mile Drive extended westerly to West Valley Drive, then north on West Valley drive 1/2 mile to Three Mile drive, then west 1/4 mile on 3 Mile Drive, then north one mile to Farm to Market Road. At this point the boundary follows westerly and northerly along Farm to Market Road to Church Drive, then following Church Drive easterly over to the Stillwater River, then extending south along the Stillwater River to US 93, then south to Reserve Drive, then west on West Reserve Drive to Stillwater Road, then on a line along Stillwater Road south to Two Mile Road. The site is primarily in the West Valley School District.