Proposed North 93 Annexation & Guidelines InitiativeAUG-23-2006 12:25 From: To:4067587771 P.1
PAULA ROBINSON
_. FLATHEAD COUNTY ELECTION DEPARTMENT '`"'''•
ELECTION ADMINISTRATOR •�JIlIg`� t••
800 South Main - Kalispell, Montana 59901 l�~
Phone (406) 758.5536 or 5535
Fax (406) 758-5877 `
TO" .K�&51)ell City AIhwz7ry
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MISSION STATEMENT
Protect and promote accurate and impartial free and open elections while encouraging active participation
by all citizens of Flathead County.
AUG-23-20@6 12:25 From:
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PETITION TO PLACE INITIATIVE NO. ON THE CITY OF KALISPELL L^'LF..GTION BALLOT
(a) if I S% of the registered voters in the City of Kalispell sign this petition and the total number of registered voters signing this petition is_
this measure will appear on the ballot at the next regular or primary election to be held in the 10081 government. If a majority of the voters
vote for this measure at that election, It will become law
(b) We, the undersigned City of Kalispell registerod voters, propose that the County Election Administrator place the following measure on the
next general election ballot, or that the City of Kalispell adopt these North 93 Annexation & Land Use Guidelines as an amendment to Kalispell
Growth Policy 2020.
STATEMENT OF PURPOSE (PROPOSED)
North 93 Annexation e. Land Use Guidelines are an Amendment to the Kalispell Growth Policy 2020, consisting of map and text establishing
goals and policies for approximately 8,227 acres of land in the Potential Utility Sorvice Area of the city, which are to serve as a guide in future
land use decisions and annexation of parcels to the city for property located North of Reserve Drive with a western boundary of the SGliwater
River, Church and Birch Grove Drives as the northern boundary and LaSalle to Rose Crossing over to the Flathead River as the eastern
boundary and generally includes Sections 13, 24, and 25 in Township 29 North, Range 22 West, and Section 15, 15, 17, 18, 19, 20, 21. 27, 28,
29, and 30 in Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
STATEMENT OF IMPLICATION (PROPOSED)
n FOR North 93 Annexation & Land Use guidelines, an Amendment to the Kalispell Growth Policy 2020
P AGAINST North 93 Annexation & Land Use Guidelines, an Amendment to the Kalispell Growth Policy 2020
(c) Voters are urged to read the complete text of the measure, which appears attached to this sheet. A signature on this petition is only to put
the measure on the ballot and does not necessarily mean the signer agrees with the measure.
WARNING
A person who purposely signs a name other than the person's own to this petition, who signs more than once for the same issue at one election,
or who signs when not a legally registered City of Kalispell voter, is subject to a $500 fine, 6 months in jail, or both. Each person must sign the
person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration card or
the signature will not be counted.
Please sign vary clearly
Complete Signature (as registered)
Printed Last Name and first and middle initial.
Address (as registeied), post office address or
felt hone number
2.
3.
4.
5.
A
7.
8
10
11.
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This petition may be circulatod as ot_ and all qualitying signatures must be colleoteO witniA 90 days thereof. Petition aumt3pr
Please return completed petition to Roxanna R. Brothers, 786 4 th Ave West North, Kalispell, MT
59901
NORTH 93 ANNEXATION & LAND USE GUIDELINES
An Amendment to the Kalispell Growth Policy 2020, to be known as the North 93 Annexation & Land Use
Guidelines.
WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18,
2003,and
WHEREAS, pursuant to Section 76-1-604, MCA, the qualified electors of the area covered by the growth policy may,
by initiative or referendum, adopt, revise, or repeal a growth policy under this section, and
WHEREAS, the taxpayers and residents of the City of Kalispell desire the assurance that polici6s are in place to
ensure that the cost of new development will be primarily born by those seeking new development opportunities, and
WHEREAS, the taxpayers and residents of the City of Kalispell desire the assurance that orderly growth and
development in this area will foster the cost-effective delivery of services and maintenance of facilities, and
WHEREAS, the taxpayers and residents of the City of Kalispell desire the assurance that orderly growth and
development in this area will foster quality growth that provides:
1) Timely and ado-augle infrastructure (fire, water, sewer, roads, parks and trails) including safe roads with
associated bike and pedestrian facilities as well as access to park and trail systems, and
2) Attractive- well-planned,residential areas that also meet the affor:dable housing needs of the city's workforce
and residents, and
3) Apl2rooriately scaled and designed retail, office and light industrial uses that do not clutter the city's gateway
entrances with highway -oriented strip development or result in inappropriate diversion of investment opportunities
in new projects, redevelopment or infill priorities that would strengthen the downtown business district and the
still -developing commercial area South of West Reserve in the Highway 93 corridor,
WHEREAS, the Kalispell Planning Board has determined that it would be appropriate to expand the Growth Policy
boundaries northerly to address increased development pressure and the need to promote orderly growth and
development in this area, and
WHEREAS, the area to be included in the amendment utilizes the Stillwater River as the western boundary, church
and Birch Grove Drives as the northern boundary, LaSalle to Rose Crossing over to the Flathead River as the eastern
boundary, and Reserve Drive as the southern boundary, and generally includes Sections 13, 24, and 25 in Township 29
North, Range 22 West, and Sections 15, 16, 17, 18, 19, 20, 21, 27, 28, 29, and 30 in Township 29 North, Range 21 West,
P,M.M., Flathead County, Montana and shall be known as the Highway 93 North Growth Policy Amendment,
NOW, THEREFORE, BE IT RESOLVED THAT THE FOLLOWING NORTH 93 ANNEXATION & LAND USE
GUIDELINES SHALL BE ADOPTED AS AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020 TO GUIDE
AND SHAPE GROWTH IN THE AREA DESCRIBED ABOVE, IDENTIFIED AS THE HIGHWAY 93 NORTH GROWTH
POLICY AMENDMENT AREA HEREIN:
GOAL 1. Establish a comprehensive public review process that:
Provides greater certainty about the character and timing of developments,
Assures the orderly and responsible provision of needed facilities and services,
Respects the importance and potential of the existing Kalispell downtown business district while promoting
continued economic development and job creation in the city,
o Creates vibrant neighborhoods and mixed -use areas, with a balance of housing, employment, and
recreational opportunities,
• Allows alternative, innovative forms of development that encourages imaginative site and building design
and development layout with the intent of retaining significant features of the natural environment,
• Secures appropriately scaled retail, office, light industrial, and mixed uses in a town -centered pattern that
are not highway -oriented or of a strip commercial nature,
• Preserves sensitive lands and wildlife corridors in a coordinated and environmentally sound manner,
• Protects surface and ground water quality both on -site and downstream, and
• improves the city's fiscal performance and minimizes public costs.
POLICY 1. The City of Kalispell shall establish Annexation & Land Use Guidelines, in keeping with this amendment,
to guide review and consideration of future annexations and land uses proposed in the North 93 Growth Policy
Amendment Area (North 93 GPAA), so as to implement Goal 1 as well as other goals and policies in this North 93 Growth
Policy Amendment, and to provide the comprehensive review process called for following the adoption of this amendment
and prior to additional annexations in the North 93 GPAA.
POLICY 2. The City of Kalispell shall further implement the North 93 Annexation & Land Use Guidelines Amendment
to the Kalispell Growth Policy 2020 by putting in place the procedures or regulations necessary to ensure that conditions of
annexation and future proposed land uses in the North 93 GPAA are consistent with the Kalispell Growth Policy 2020 and
its amendments when providing guidance for future land uses including, but not limited to, all general commercial uses
and neighborhood commercial uses, mixed use developments, light industrial uses, planned unit developments, and
neighborhood plans.
POLICY 3. A wavier process from compliance with adopted Annexation and Land Use Guidelines.
may be establish for minor residential uses of five lots or less that do not include general or neighborhood commercial,
industrial uses, mixed uses, or high density residential uses, and that are contiguous to the city.
POLICY 4. The City of Kalispell shall require disclosure of all current and potential interests in the North 93 Plan area
as part of the annexation process, so as to not allow evasion of the Annexation & Land Use Guidelines through a series of
multiple developments and annexations.
POLICY S. The Annexation & Land Use Guidelines should require a Weil -publicized public pre -application information
meeting for the purpose of presenting the proposed annexation and land use project and allowing for an informal
exchange of comments between the applicant and the general public at City Mall or at such other public location within the
city that will accommodate the anticipated attendees,
POLICY 6. The Annexation & Land Use Guidelines shall call for preparation by planning staff of recommended
findings of fact, conclusions of law, and conditions of approval or a recommendation for denial for the city council and
planning board prior to public hearings before either of those bodies for annexation and these shall be made available to
the public in a timely manner prior to the hearing on the proposed annexation/development proposal.
POLICY 7. The Annexation & Land Use Guidelines shall call for preparation by planning staff of revised
recommended findings of fact, conclusions of law, and conditions of approval or a recommendation for denial for the city
prior to a final public hearing and decision that includes discussion of and gives meaningful consideration to evidence
presented through the public process that may support or contradict the original findings or identify new issues for
consideration, and these shall be made available to the public in a timely manner prior to the final hearing and decision on
the proposed development proposal.
POLICY 8. The applicant should pay costs incurred by the city in reviewing compliance with the Annexation & Land
Use Guidelines.
POLICY 9. The Annexation & Land Use Guidelines shall include provisions and criteria for revocation of approved
land uses based on violation of a condition of the Annexation & Land Use Guidelines or the fact that the development has
not met the established timeline for development.
GOAL 2. Assure the orderly and responsible provision of needed facilities and services.
POLICY 1. As part of the Annexation & Land Use Guidelines compliance process, the city will require a projected
phasing plan, maps, and a description of:
Land Uses —The general mix of land uses proposed; description, delineation of open space networks and
their functionality, and a conceptual strategy for the provision of utilities to support the proposed land use
concepts
® Trans portation—A transportation system that addresses major travel corridors; strategies for multi -modal
opportunities; a hierarchy of internal and regionally connected roadways; phased analysis of travel demand and
supply; and consideration of public and private responsibilities for on- and offsite improvements.
Environment —Detailed site analysis to identify and incorporate significant natural features and site
amenities; drainage strategy; water quantity and quality analysis, and wastewater and solid waste
management/recyoling strategies.
0 Government and Public Services —Conceptual plan for provision of schools, parks and other public
facilities and services, infrastructure funding strategy, and proposal for annexation by the city.
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POLICY 2. As part of the Ant_xation & Land Use Guidelines compliance pro6-.,,s, the city will require a narrative as
well as a visual plan that illustrates a consistency with the City of Kalispell's design standards, transportation plan, parks
plan, growth policy and other applicable policies and standards for directing growth.
POLICY 3. As part of the Annexation & Land Use Guidelines compliance process, the city will require an independent
fiscal analysis for applications that disclose the short- and long-term financial impacts of the proposed annexation upon the
city both during development and following project completion, including an analysis of how the residential and commercial
land uses proposed are needed to meet US Census projected population growth and demographics in the area. Under
the Annexation & Land Use Guidelines, general commercial uses annexation requests shall demonstrate the proposed
development's impacts on the existing downtown business district and other the commercial districts including the area
south of West Reserve, These reviews will include employment (jobs gained versus jobs lost), wages, tax revenue, roads
and other public services, historic resources, air and water pollution, and traffic.
POLICY 4. As part of the Annexation & Land Use Guidelines compliance process, the city will ensure through
appropriate regulations the concurrency for all utilities and transportation system improvements prior to occupancy at each
phase and at build -out.
POLICY 6. City review as part of the Annexation & Land Use Guidelines compliance process will identify mitigation
needed to ensure that at all phases and at build -out the project, as a result of annexation, will not exceed available city
staffing or result in the lowering of city staffing levels of service established by the city, including those related to public
safety.
GOAL 3. Respect the Importance and potential of the existing Kalispell downtown business district while
promoting continued economic development and job creation in the city.
POLICY I. The Annexation and Land Use Guidelines process will review proposals to determine their consistency
with the city-wide goal of encouraging the revitalization of existing business districts and business recruitment efforts,
which also scck to maintain the attractive character of the Kalispell area while attracting and creating new good -paying
jobs.
POLICY 2. The city should work to preserve a balanced mix of local, regional, and national -based businesses and
small- and medium-sized businesses that maintain and promote the long-term economic health of community as a whole.
POLICY 3. Annexations should not contribute to excessive new development outside of the Kalispell downtown area
when vacancies and redevelopment potential exist in the downtown area and the developing retail area south of West
Reserve Drive.
GOAL Create vibrant neighborhoods and mixed -use areas, with a balance of housing, employment and
recreational opportunities.
POLICY 1. As part of the Annexation & Land Use Guidelines compliance process, the city will ensure that each
proposed residential phase provides a mix of housing types integrated throughout proposed future developments that
allows for the project to meet a percentage of the city's affordable housing need.
POLICY 2. As part of the Annexation & Land Use Guidelines compliance process, the city will ensure that if a project
is adjacent to property which is already developed, or is being developed or proposed as part of the Annexation and Land
Use Guidelines process, the project will be designed so that there is connectivity of trails, open spaces and transportation
corridors, the designs of streetscapes and public open space amenities are compatible, and the project will result in the
functional and visual appearance of a compatible project with the adjacent properties.
POLICY 3. As part of the Annexation & Land Use Guidelines compliance process, the city will ensure provision of on-
-site recreation areas and regional park facilities including also, where possible, recreational facilities that can provide
public access to public water bodies, and facilities sufficient to meet the needs of residents and the city, exceeding or at a
minimum consistent with levels of service adopted by the city. This shall include providing for a coordinated system of
trails and pedestrian linkages both within and connecting to existing or planned regional or local trail systems outside the
proposed project area.
POLICY 4, It should be permitted, in the Annexation & Land Use Guidelines adopted for the North Kalispell Growth
Policy Amendment Area, for a town -centered core Subdistrict to be established in the map area identified as KN-1. As
such KN-1 would be identified as a new "Target Development Area" as defined under the Kalispell Growth Policy 2020.
This district would be designed to accommodate the phased development of a mix of residential, business,
communications, office, government, retail, culture, education, visitor accommodations and entertainment. Need for the
proposed uses and the appropriate phasing of these uses must be first established in accordance with Goal 2.
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POLICY 5. A town -centered wore subdistrict shall be defined as an internally located area within a "Target
Development Area" which is an urban mixed use area in which general commercial uses do not exceed 30% of this town.
centered core subdistrict. A limited urban mixed use area shall be defined as an area dominated by a housing pattern that
supports higher density housing around the town -centered core subdistrict with lower densities of housing as distance
from the town -centered core subdistrict is increased.
POLICY 6. A town -centered core subdistrict permitted in the map area identified as KN-1 shall not exceed 20% of the
KN-1 area.
POLICY 7. A town -centered core subdistrict permitted in the map area identified as KNA shall be ringed and linked
by various non -mixed use residential configurations covering up to 50% of the area and integrated open space and
recreational uses covering up to 20% of the area.
POLICY 8. A town -centered core subdistrict permitted in the map area identified as KNA shall create a place that
represents a unique, attractive, and memorable destination for visitors and residents, and promotes the health and well-
being of residents by encouraging physical activity, alternative transportation and greater social interaction.
POLICY 9. Development within the KNA area will be required to be presented to the Planning Board and the City
Council in the form of a Planned Unit Development so that the impacts of this development can be planned for and, if
necessary, mitigated through improved design.
POLICY 10. Neighborhood commercial development should be consistent with the map for the Highway 93 North
GPAA,
POLICY 11. Development of neighborhood commercial uses should follow the establishment of residential uses that
justify a need for neighborhood commercial.
POLICY 12. Pedestrian and trail systems should be incorporated into berming, general landscaping, greenbelts, park
areas and setback standards along gateway entrances to enhance or maintain the scenic value of the entrance corridor
from public facilities, neighborhoods, schools and commercial services.
POLICY 13. Gated and wall -surrounded developments shall not be permitted in the North 93 Growth Policy
Amendment Area. On street parking shall be allowed on subdivision roads.
GOAL_ S. Allow alternative, Innovative forms of development that encourage imaginative site and building
design, as well as development layout with the intent of retaining significant features of the natural environment.
POLICY 1. Development standards that differ from those otherwise imposed under the City of Kalispell's municipal
code may be considered under a PUD in order to encourage flexibility and incorporate modifications which provide the
functional equivalent or adequately achieve the purposes set out herein with particular emphasis to compliance with the
policies for Goals 1, 2 and 6.
GOAL 6. Secure appropriately scaled retail, office, light industrial, and mixed uses in a town centered
pattern that is not highway -oriented or of a strip commercial nature,
POLICY 1. To avoid abandoned buildings and blight on the community and in keeping with other goals and policies in
the growth policy including "In designated mixed use area, allow for a compatible mix of office, commercial, light industrial,
residential and public facilities"; structures in the North 93 Growth Policy Amendment area shall not exceed 60,000 square
feet in gross floor area and no combination of structures on the same or on contiguous lots or parcels shall exceed 60,000
square feet in gross floor area for a single or commonly controlled retail sales and/or retail services operation.
POLICY 2. Application for large-scale retail development shall include a renewal plan that will afford maximum
opportunity, for the rehabilitation or redevelopment and maintenance of the structure in the event of closure or relocation
by the original occupant.
POLICY 3. Retail development consisting of a single tenant building greater than 40,000 square feet may offer for
direct sale to the public merchandise which is displayed outdoors, but the area occupied by outdoor sales shall not exceed
twenty-five percent of the square footage of the retail business, and such businesses shall be developed as a planned unit
development to assure adequate landscaping and attractive visual appeal.
POLICY 4. In consideration of growth policy goals that "encourage design that is consistent with and contributes to
the character of the area," the over -concentration of formula retail businesses will not be allowed and all permitted formula
retail establishments shall create a unique visual appearance that reflect and/or complement the distinctive and unique
historical character of the City of Kalispell.
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POLICY 5. Retention of a large concentration of historic buildings and locally owned businesses shall be encouraged
by giving priority to redevelopment or infill as well as business retention efforts and infill incentives and disincentives to
discourage unlimited expansion of now commercial areas as this is important to the town's unique character and is
important to Kalispell's "collective identity as a community."
GOAL 7. Preserve sensitive lands and wildlife corridors in a coordinated and environmentally sound
manner,
POLICY I. Open space and recreational uses shall be located and designed to minimize the adverse impacts on
wildlife resources and achieve a high degree of compatlblbty with wildlife habitat areas.
POLICY 2. Open space shall be located and designed to form a coordinated open space network resulting in
continuous greenbelt areas and buffers to minimize the visual impacts of develoipment within the area, and provide
connections to existing or planned open space networks, wildlife corridors, and trail corridors and parks on adjacent
properties.
GOAL 8. Protect surface and ground water quality both onsite and downstream,
POLICY 1. The Annexation & Land Use Guidelines will establish criteria to ensure protection of surface and ground
water both onsito and downstream.
POLICY 2, The Annexation & Land Use Guidelines will ensure that development on the shallow aquifer, particularly
along US Highway 2 and in areas of five feet or less to the shallow aquifer, does not allow fill or promote land uses that
significantly increase impervious Surfaces, increase the direct infiltration of storm water into the shallow aquifer or surface
water, or create a development pattern of medium to high density uses that also increase Impervious surfaces.
GOAL 9. Improve the city's fiscal performance and minimize public costs.
POLICY 11. As part of the Annexation & Land Use Guidelines, the city shall require an analysis disclosing the short -
and long-term financial impacts of the proposed annexation and development upon the city both during development and
following project completion. Such an analysis would include analysis of personnel demands and fiscal short -falls
anticipated during the development phase of the proposed project together with recommended mitigations to ensure that
the planned development does not negatively impact the fiscal health of the city, nor the ability of the city to adequately
serve existing residents.
POLICY 2. To support the review processes associated with the Annexation & Land Use Guidelines, the city shall
maintain and develop baseline information to assist in the fiscal analysis of development proposals, including ongoing cost
of services in contrast to city fees and taxes generated.
POLICY 3. As part of the review processes associated with the Annexation & Land Use Guidelines, the city shall
require a proposal and analysis of proposed ownership and proposed maintenance program for all lands and facilities
included in the project.
GOAL 10: Gateway entrances to Kalispell that enhance the community through improved design.
POLICY 1. Gateway Entrance Corridors (areas of special concern) would extend up to 150 feet of either side of the
existing R/W for primary highways and up to 50 feet for secondary highways.
POLICY 2. The following roadway corridors are identified as gateway entrances to Kalispell.
a, Highway 93 North corridor north of Four Mile Drive to the County Landfill.
b. US Highway 2 (LaSalle) from Reserve Drive to Birch Grove.
c. Whitefish Stage from Reserve Drive to Birch Grove. (minor entrance way)
POLICY 3. The following design standards are intended to enhance the gateway entrances to Kalispell
a. Access control is important along the gateway entrance roads.
b. Access should be coordinated so as to allow only collector or arterial streets to intersect. The judicious
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use of right -in ri, .-Out approaches, frontage roads and good into.. ,al development street design should
be the rule to. reduce or eliminate the need for direct access onto major gateway roads.
e. With the construction of the Church Drive overpass on US 93, every effort must be taken to fully utilize the
interchange and conversely limit direct access onto US 93 for at least one mile along areas north and
south of this facility to avoid congestion points and the need for future traffic signals. The judicious use of
right -in right -out approaches, frontage roads and good internal development street design will mitigate the
need for direct access out.
d. Extra setbacks, buffering and landscaping along US Highway 93 North and US Highway 2 and to a lesser
degree along Whitefish Stage Road are the norm.
e. In those areas deemed appropriate for general commercial development near a gateway entrance, it
should occur as an integrated development utilizing a town -centered approach and enhancing the
property back from the gateway as opposed to occurring as a shallow linear strip. Significant individual
business highway exposure, individual access points, and pole signage would not be the norm.
f. Additional design standards should be developed to ensure that signage enhances development, not
detracts from it. Wall signage integrated into the overall building design is preferred over free standing
signage. Monument signs are preferred over other types of free standing signage. Where development
entrance signage or monument signage is proposed, it should be done so as part of a unified planned unit
development concept.
g, Where the adjacent gateway road is posted at 35 mph or lower:
i. A minimum 20 foot landscape buffer should be provided abutting the gateway road.
ii. Street trees should be incorporated into the landscape buffer.
iii A pedestrian trail or sidewalk should be incorporated into the landscaped buffer area.
iv. !'our sided architecture would be the norm adjacent to gateway entrances.
h. Where the adjacent gateway road speed is posted from 36 — 45 mph.
v. A minimum of 40 feet of landscaped buffer area should be provided.
vi. Street trees and berming should be incorporated into the landscaping.
vii. A pedestrian trail or sidewalk should be incorporated into the landscaped buffer area.
viii. Four sided architecture would be the norm adjacent to ;gateway entrances.
I. Where the adjacent gateway road speed is posted above 45 mph:
ix. A minimum of 100.150 foot landscaped buffer area should be provided.
x. A minimum of 100 - 150 foot impact area should be provided for major entrances and a 50 foot
entrance for minor entrances.
xi. Within this impact area, a combination of berming, landscaping using live materials and trees as
well as grass, and a pedestrian trail system, should be incorporated.
xii, Buildings should not be located in this impact area.
xiii. Four sided architecture should be the norm for development adjacent to the impacted area and
gateway entrances.
xiv. Monument signs would be anticipated to occur in the rear portion of the buffered and impacted
area, other free standing signs would not be alloyed,
xv. Whenever signage, or uses of frontage roads are proposed in the impact area, they shall be
designed to honor the intent of the gateway entrance corridor and shall only be done under a
PUD process where the impacts of these actions are anticipated and provided for.
Where smaller parcels can not meet the setback areas, a PUD will be utilized.
GOAL I t Cooperate with Flathead County in the development of a transfer of development rights (TOR) program.
The emphasis should be to provide opportunities to conserve and protect important farmlands, sensitive lands (high
ground water, flood plain, wetlands, and critical wildlife habitat) and rural open space.
POLICY 1. Development of a TDR program for the North 93 Growth Policy Amendment area shall be given a high
priority for development in the planning board's work plan in recognition of the county's expressed interest in also
considering the development of a TDR program.
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