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Staff Report/Growth Policy Amendment dated 11/05/07REPORT TO: FROM: SUBJECT METING DATE: City of Kalispell Planning Department 17 - 2d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Resolution to adopt, amend or deny a city initiated Growth Policy Amendment request and scheduling of said public hearing November 5, 2007 BACKGROUND: During the city council's July instructed the planning staff to conduct a growth designated industrial on the Kalispell Growth Policy located generally north of Foys Lake Road and we,, railroad R/R just west of South Meridian Road. T Wayne Turner and BNSF Railroad. 30th work session the council policy amendment for the lands Future Land Use Map which are terly and southerly of the BNSF ie lands are currently owned by The Kalispell City Planning Board met on September 11, 2007 and held a public hearing to consider a request from the city to change the 116 acre area from Industrial to a combination of Suburban Residential (allowing up to 4 residential units per gross acre), Urban Mixed Use (residential, office and limited retail), and High Density Residential (8-40 residential units per gross acre) to accommodate the increased growth pressures the city is experiencing and to recognize that this area is no longer appropriate for industrial type uses. State law requires the City Council to pass a Resolution of Intent to Adopt, Revise or Reject a Growth Policy Amendment prior to actually taking action on the proposed amendment. It has been the policy of the city to hold a public hearing on any Growth Policy Amendment. The city council held a public hearing at its October 15th meeting. No one spoke either for or against the proposed growth policy amendment. RECOMMENDATION: Approve the resolution to amend the Kalispell Growth Policy Land Use Map in accordance with the recommendation made by the Kalispell City Planning Board. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner City Manager Report compiled: October 30, 2007 c: Theresa White, Kalispell City Clerk A RESOLUTION ADOPTING AN AMENDMIENT TO THE KALISPELL GROWTH POLICY 2020, TO BE KNOWN AS THE FOYS LAKE ROAD GROWTH POLICY AMIENDMIENT. WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003, and WHEREAS, The City of Kalispell has requested a growth policy amendment on 116 acres within Section 13, Township 28 North, Range 22 West, Flathead County, more particularly described as Assessor's Tracts 111, 7AB, 1 IH, I IIA, IFB, IBB and 1 1A, and WHEREAS, the Kalispell Growth Policy 2020 currently designates this property as Industrial and the petitioners are requesting an amendment to change this designation to Suburban Residential, Urban Mixed Use and High Density Residential; and WHEREAS, urban scale residential densities continue to expand westerly of the current Kalispell city limits; and WHEREAS, residential development pressures have far outpaced the needs or demand for industrial land in the Foys Lake area; and WHEREAS, on September 11, 2007, 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-07-4, 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-07-4 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 October 1, 2007, passed Resolution 5241, a Resolution of Intention to Adopt, Revise orReject a Proposed Amendmentto the Kalispell Growth Policy 2020 and called for a public hearing to be held on October 15, 2007, and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on October 15, 2007, and received no public comment on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-07-4, 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, 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, pursuant to the recommendations of the City Planning Board and adopts as its findings Kalispell Planning Department report KGPA-07-4, said amendment as set forth in the attached Exhibit "A" consisting of text and map and including approximately 116 acres in the Kalispell Growth Policy Future Land Use Map. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell hereby adopts an amendment to the Kalispell Growth Policy 2020, said amendment as set forth in the attached Exhibit "A" consisting of text and map and including approximately 116 acres in the Kalispell Growth Policy Future Land Use Map and with appropriate land use assigned upon annexation to the city. SECTION 11. 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 5TH DAY OF NOVEMBER, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk A RESOLUTION REVISING AN AMIENDMIENT TO THE KALISPELL GROWTFI POLICY 2020, TO BE KNOWN AS THE FOYS LAKE ROAD GROWTH POLICY AMIENDMIENT. WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003, and WHEREAS, The City of Kalispell has requested a growth policy amendment on 116 acres within Section 13, Township 28 North, Range 22 West, Flathead County, more particularly described as Assessor's Tracts 111, 7AB, I 1H, 1 11A, IFB, IBB and I IA, and WHEREAS, the Kalispell Growth Policy 2020 currently designates this property as Industrial and the petitioners are requesting an amendment to change this designation to Suburban Residential, Urban Mixed Use and High Density Residential; and WHEREAS, urban scale residential densities continue to expand westerly of the current Kalispell city limits; and WHEREAS, residential development pressures have far outpaced the needs or demand for industrial land in the Foys Lake area; and WHEREAS, on September 11, 2007, 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-07-4, 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-07-4 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 October 1, 2007, passed Resolution 5241, a Resolution of Intention to Adopt, Revise orReject aProposed Amendment to the Kalispell Growth Policy 2020 and called for a public hearing to be held on October 15, 2007, and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on October 15, 2007, and received no public comment on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-07-4, 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, 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-07-4 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 consisting of text and map and including approximately 116 acres in the Kalispell Growth Policy Future Land Use Map. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. 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 consisting of text and map and including approximately 116 acres in the Kalispell Growth Policy Future Land Use Map and assigning an appropriate land use upon annexation to the city. SECTIONII. 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 5TH DAY OF NOVEMBER, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor A RESOLUTION REJECTING AN AMIENDMIENT TO THE KALISPELL GROWTH POLICY 2020. WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003, and WHEREAS, The City of Kalispell has requested a growth policy amendment on 116 acres within Section 13, Township 28 North, Range 22 West, Flathead County, more particularly described as Assessor's Tracts 111, 7AB, 11H, I IIA, IFB, 1BB and 11A, and WHEREAS, the Kalispell Growth Policy 2020 currently designates this property as Industrial and the petitioners are requesting an amendment to change this designation to Suburban Residential, Urban Mixed Use and High Density Residential; and WHEREAS, urban scale residential densities continue to expand westerly of the current Kalispell city limits; and WHEREAS, residential development pressures have far outpaced the needs or demand for industrial land in the Foys Lake area; and WHEREAS, on September 11, 2007, 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-07-4, 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-07-4 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 October 1, 2007, passed Resolution 5241, a Resolution of Intention to Adopt, Revise orReject a Proposed Amendmentto the Kalispell Growth Policy 2020 and called for a public hearing to be held on October 15, 2007, and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on October 15, 2007, and received no public comment on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-07-4, 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, the City Council of the City of Kalispell finds that it is not in the best interest of the City to amend the Kalispell Growth Policy 2020, said amendment consisting of including approximately 116 acres in the Kalispell Growth Policy Future Land Use Map and assigning an appropriate land use upon annexation to the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell hereby rejects the amendment that was the subject of the Kalispell Planning Department report #KGPA-07-4 and recommended by the City Planning Board to the Kalispell Growth Policy 2020. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF NOVEMBER, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk FOR Jr—T-14113 � D IIL 01 1 V L STAFF REPORT #KGPA-07-4 KALISPELL PLANNING DEPARTMENT AUGUST 21, 2007 A report to the Kalispell City Council and Kalispell Planning Board regarding a growth policy amendment from Industrial to Suburban Residential, Urban Mixed Use and High Density Residential. The area included in the growth policy amendment is approximately 116 acres of land generally lying north of Foys Lake Road and westerly and southerly of the BNSF railroad R/R just west of South Meridian Road. The acreage encompasses the area generally referred to as the Old ONeil Lumber Mill and is bisected by Ashley Creek. A public hearing will be held before the planning board on September 11, 2007. The planning board will make a recommendation which will be forwarded to the city council. BACKGROUND INFORMATION: During the city council's July 30th work session the council instructed the planning staff to conduct a growth policy amendment for the lands designated industrial on the Kalispell Growth Policy Future Land Use Map which are located generally north of Foys Lake Road and westerly and southerly of the BNSF railroad R/R just west of South Meridian Road. The lands are currently owned by Wayne Turner and BNSF Railroad. The request by the council came after a discussion of the growth policy amendment Mr. Turner requested as part of the Willow Creek project. The council denied Mr. Turner's growth policy amendment request at its July 16th meeting. However, upon further review of the industrial land use designation in this area the council felt that the industrial land use designation was no longer appropriate. The council directed staff to review the land use designations on Mr. Turner's property, which is currently designated industrial and suburban residential, and forward a recommendation to the planning board as to a more appropriate land use designation(s) for this area. A. Petitioner: City of Kalispell 3 12 1 st Avenue East Kalispell, MT 59901 B. Location and Legal Description of Property: The land included in the growth policy amendment is located north of Foys Lake Road and westerly and southerly of the BNSF railroad R/ R just west of South Meridian Road. The 116 acre project site encompasses the area generally referred to as the Old ONeil Lumber Mill and is bisected by Ashley Creek. The 116 acres proposed for a growth policy amendment includes Assessor's Tracts 111, 7AB, 11 H, 11 IA, 1 FB, I BB and 11 A in Section 13, Township 28 North, Range 22 West. C. Existing Land Use and Zoning: The property is currently in the County zoning jurisdiction and is zoned 1-2, Heavy Industrial. The county zoning ordinance defines the 1-2 zoning as a district to provide for industrial uses to accommodate heavy manufacturing, processing, fabrication, and assembly of parts or materials. It is also intended that the encroachment of non -industrial or unspecified commercial uses within the district be prevented. The 116 acre project site is bisected by Ashley Creek. On the south side of Ashley Creek the property is undeveloped land at this time. North of Ashley Creek Montana Forest Products currently operates a small lumber mill. There are also a dozen or more storage structures throughout this portion of the site which served the previous lumber mill. Paved and partially paved roadways and parking lots are interspersed around the existing buildings. On the north side of the 116 acre project site is the abandoned BNSF railroad right-of-way which currently serves as a bike/pedestrian trial. D. Adjacent Land Uses and Zoning: North: Commercial and Industrial land uses; City B-2 and County R-1 and 1-2 zoning East: Single-family homes, commercial businesses, and vacant land; City 13- 1, B-2, and R-4, County R- I zoning South: Vacant land; County R- 1 zoning. West: Vacant land; County R- 1 zoning E. General Land Use Character: The area surrounding the project site is a mixture of businesses and residential development to the north and east with rural residential development west and south of the site. Although this site was once used as a large scale lumber mill, over the years the scale of the lumber operations has declined. Commercial land uses including professional offices and apartment units have been constructed immediately north of the site along Appleway Drive and to the east along South Meridian Road. P" In order to provide a framework for analysis and evaluation of the proposal a general outline of public -interest criteria related to a proposed change in land use is used. The following criteria for evaluation will be established as follows: • Changes in circumstances that warrant the amendment; • Compliance with the overall goals and policies of the growth policy and its various elements: • growth management, • land use, • economy, • environmental considerations, • parks and recreation, • transportation, • infrastructure, utilities and public services; • annexation and the extension of services. The proposed plan amendment will be considered in the context of the current Kalispell Growth Policy 2020 as well as current and future development trends for the area. Has there been a change of circumstances under which the proposed plan amendment is being made that warrants its consideration? The growth policy for Kalispell was adopted in February of 2003 which has been a useful tool in providing guidance to the community, developers, decision makers and staff when anticipating growth trends and expansion of the city limits. However, the growth and expansion of the city has occurred much faster than could have been anticipated on all sides of the community. The adopted growth policy map designates the 116 acre project site as Industrial. The request is to change the 116 acre area from Industrial to a combination of Suburban Residential (allowing up to 4 residential units per gross acre), Urban Mixed Use (residential, office and limited retail), and High Density Residential (8- 40 residential units per gross acre) to accommodate the increased growth pressures the city is experiencing and to recognize that this area is no longer appropriate for industrial type uses. As mentioned above, the overall growth in and a -round the City of Kalispell has happened faster than was anticipated when the growth policy and accompanying map were adopted. It should also be noted that the current Industrial land use designation for the 1 16± acre project site was placed in the Industrial land use category largely on the request by the former property owners. Recent annexations and subdivisions including Lone Pine Trails and the Blue 3 Skies subdivision, both located off of Valley View Drive south of the project site, indicate the expansion of urban scale residential development in areas south of the existing industrial site. Lands to the north and east have experienced recent developments of commercial and professional offices as well as apartment housing. 1 k417409f 1 !AIPOE 91404*4 k6A-j kzj of ILZI I It *-�Nej Growth Management: Two primary mechanisms for managing growth in the City of Kalispell exist which are to rely on redevelopment and infill within the current City limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Regarding Industrial land uses and subsequent development on industrial lands, the Kalispell Growth Policy, Chapter 4 states the following goal with the accompanying policies: Goal 3 states, "Encourage development and redevelopment in the "Target Development Areas'." Policy 6(a) states, "Target development areas are generally located in the southwest part of Kalispell, around the City airport, the southwest area of West Reserve Drive and Highway 93 primarily the State Lands Section 36 and the Center Street area." Policy 6(c) states, "The target development areas are where commercial and/or light industrial development or redevelopment is encouraged. Integration of residential uses within these areas is also encouraged." The proposed growth policy map amendment would allow a combination of residential, commercial, and office uses in an area which is experiencing an increase in both residential and commercial development and reduction in its scope of industrial type uses. As stated above the Kalispell Growth Policy does not target this area for industrial type expansion. These areas are primarily north and south of this site along Highway 93 which the updated Kalispell Growth Policy Future Land Use map illustrates. The changes to the Kalispell Growth Policy Future Land Use Map from Industrial to Suburban Residential, Urban Mixed Use and High Density Residential can be supported by the following goals and policies contained in the Kalispell Growth Policy; Chapter 3, Goal I of the Kalispell Growth Policy states, "Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location." The requested land use changes to the 116 acre project site have been recommended in areas which take into account the particular location and provide a potential mix of housing type to meet the rd needs of present and future residents. The specific type and design of the future housing in these areas will be determined during future annexation requests at which time an initial zoning district will be placed on the lands to implement the corresponding land use designation. Chapter 3, Policy 9.b of the Kalispell Growth Policy states that the suburban residential designation is intended to reduce density and development impacts in sensitive areas and existing rural neighborhoods. The Suburban Residential land use designation is proposed on the south side of Ashley Creek next to lands which have the Suburban Residential land use designation on them. The intent is to provide for lower density housing in this area to transition into the existing rural residential developments along Foys Lake Road. Chapter 3, Policy 1 1.b of the Kalispell Growth Policy states that small high - density residential districts are encouraged to be dispersed throughout the urban area. These districts should be located predominantly near schools, employment and service centers, and urban arterials. The proposed location of the High Density Residential land use designation places higher density housing adjacent to a proposed Urban Mixed Use area which could accommodate a mixture of commercial and professional offices. The High Density Residential land use designation is also within 1/2 mile of Peterson School, located within I mile of existing commercial, industrial and professional offices and is located immediately south of an existing bike path currently leading west to the Kila area. 5 Chapter 4, Policy 7.a of the Kalispell Growth Policy encourages Urban Mixed Use areas to allow for the development of compact, centrally located service and employment areas that provide easy connections between existing commercial and residential neighborhoods. The location of the proposed Urban Mixed Use area would place it immediately west of an existing area designated Urban Mixed Use on the growth policy map. The future uses within this area would be in close proximity to Meridian Road and the future highway bypass interchange at US 2. The location of the Urban Mixed Use designation is also immediately east of the proposed High Density Residential land use designation and is west of existing urban scale residential development in the City. Land Use: General goals and polices of the growth policy encourage the orderly development in the growth policy area with space for future expansion while ensuring compatibility of adjacent land use. The requested growth policy amendment would change the existing industrial land use designation to allow for a combination of residential, commercial and professional office uses. This land use designation change is a reasonable request due to the expansion of residential and commercial development in this area and the decrease in available industrial land due to the future highway bypass on the 116 acre project site. Economy: Chapter 6 of the Kalispell Growth Policy, Policy 2, states, "Encourage a land use pattern that supports viable business and industrial districts that integrate a residential component but does not negatively impact or encroach into well established residential neighborhoods." Just east of the proposed amendment area are residential neighborhoods within the City. Although this property has been used for industrial uses in the past no large scale industrial use has been a part of the 1 16± acre area for the past 25 or more years. New industrial uses in this area would have an impact on existing home owners to the east as well as to the south. Amending the growth policy land use designation on the site to Suburban Residential, Urban Mixed Use and High Density Residential would allow compatible residential and commercial development to be built in this area and avoid industrial type impacts to residences in the area consistent with policy 2 above. Environmental Considerations: The area where the growth policy amendment is proposed is fairly level except for those areas immediately adjacent to Ashley Creek. The 116 acre project site is appropriate for the future uses allowed under the proposed Suburban Residential, Urban Mixed Use and High Density Residential land use designations. Subsequent buildings on the site will be required to stay outside the 100-year floodplain. If future development includes a subdivision, conditional use permit or planned unit development, those specific projects will be required to meet the goals and policies contained in the Kalispell Growth Policy, Chapter 7, The Natural Environment. This chapter requires developments to address impacts to environmental sensitive areas including streams and wetlands. Community and Recreational Facilities: The location of the growth policy amendments are in close proximity to existing community and recreational facilities including Peterson School, The Flathead County Fairgrounds and Lone N Pine State Park. The proposed locations for the High Density Residential and Urban Mixed Use designations are also adjacent to an existing bike/pedestrian path located within the BNSF railroad right-of-way. Given the type of development that could occur within the new land use designations and their proximity to community and recreation facilities, the changes can be found to be appropriate for this area. Community Facilities, Infrastructure and Public Services: There are existing water and sewer lines running within the road right-of-way and adjacent alleys for Second Street West, Third Street West and Fourth Street West all of which are located immediately east of the site. Water and sewer main lines are within the right-of-way for Appleway Drive, located north of the site, and Foys Lake Road, located south of the site. The 116 acre site is adjacent to the existing city limits and any future development on the site would be required to extend the existing public infrastructure. Given the fact that water and sewer facilities are immediately adjacent to the growth policy amendment site the proposed amendment complies with the following goals found in Chapter 2, Growth Management, of the Kalispell Growth Policy: 4. NEW COMMERCIAL DEVELOPMENT OCCURS IN AREAS WHERE PUBLIC WATER AND SEWER CAN BE PROVIDED AND AS EXPANSION OF EXISTING COMMERCIAL AREAS. 5. NEW URBAN AND SUBURBAN DEVELOPMENT OCCURS IN AREAS WHERE PUBLIC WATER AND SEWER ARE AVAILABLE. I N D1614N) 10 1 w I by-.Vi 0 Con I I. The planning staff recommends that the Kalispell Planning Board recommend that the City Council adopt staff report KGPA-07-4 and change the growth policy land use designation on the 116 acre site from Industrial to Suburban Residential, Urban Mixed Use and High Density Residential on the Kalispell Growth Policy Future Land Use Map as shown on the attached exhibit map. 7 -- F 7. 71AID# mmmmr---%-Alt ll�� � Wx IM