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7. Resolution 5212 - Resolution of Intent & Call for PH - Growth Policy Amendment - Willow CreekCity of Kalispell Planning Department 17 - 2nd Street Fast, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751 -1850 Fax: (406) 751 w 1858 Website: kalispellplanning.eorn REPORT TO. Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT Notice of Intent to adopt, amend or deny a Growth Policy Amendment request for Wayne Turner and scheduling of said public hearing �IlEETING DATE: July 2, 2007 ACKGROUND: Wayne Turner has requested a growth policy amendment on a 30± acre portion of a 140 acre site. Mr. Turner is requesting to amend the growth policy designation on the property from Industrial to Suburban Residential. The 140 acre project site is located on the north side of Foys Lake Road 1/4 mile west of the current city limits along Meridian Road. The project site's eastern boundary is located at the intersection of Foys Lake Road and. Valley Vier Drive. From its eastern boundary the project site continues west just over 1/2 mile along Foys Lake Road and ending at the eastern boundary of the Stoneridge subdivision. Ashley Creek makes up the northern boundary of the project site with the future Highway 93 bypass right-of-way providing an eastern boundary to the project site. The properties included in the overall project site can be described as Tracts 1, lAI, 1B, 1BA, 1BB, 1D, 1DA, 1 E, 1F, 1FA, 1FB, and 7AB located within the N 1/2 of the N 1/� of the S. 1/2 of Section 13 , Township 2 S North, Range 22 west, P.M. M., Flathead County, Montana. The planning board held a public hearing on the requested growth policy amendment on April 10, 2007. The information from that meeting including minutes, staff report and application materials will be forwarded to you. However, 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. In, addition, it has been the policy of the city to hold a public hearing on any Growth Policy Amendment. Therefore, in order to tape action on the requested Growth Policy Amendment, the City Council will need to approve the Resolution of Intent at the July 2 meeting. This would then set the stage for the public hearing and council action at the July 16 council meeting. RECOMMENDATION: Approval of the Resolution of Intent to Adapt, Revise or Reject the Growth Policy Amendment request and setting the public bearing to act on the amendment for July 16 would be in order. ALTERNATIVES: Respectfully submitted, Sean Conrad Senior Planner As suggested by the City Council. Report compiled: June 26, 2007 c: Theresa White, Kalispell City Clerk Wayne Turner 3300 U.S. Highway 2 West Kalispell, MT 59901 CTA Architects Engineers 1143 Stoneridge Drive Bozeman, MT 59718 JQies H. Patrick City Manager RESOLUTION NO.5212 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020 TO AMEND THE DESIGNATION OF PROPERTY LOCATED WITHIN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, AND TO CALL FOR A PUBLIC HEARING, WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003 by Resolution No. 4773; and WHEREAS, Wayne Turner has requested a growth policy amendment on a 30 acre portion of a 140 acre site within Section 13, Township 28 North, Range 22 West, Flathead County and more particularly described on Exhibit "A", 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; and WHEREAS, urban scale 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 April 10, 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-07-1, 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 #KGPAw07-1 as the findings of fact and recommended approval of the proposed Growth Policy amendment, and WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the proposed Growth Policy Amendment and the recommendations of the Kalispell City Planning Board, and adopt a Resolution of Intention to Adopt, Revise or Reject the Proposed Amendment to the Kalispell Growth Policy 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IA.LISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell intends to consider a proposed amendment to the Kalispell Growth Policy 2020, and the evidence considered by the Kalispell City Planning Board, said amendment consisting of amending the designation of Industrial to Suburban Residential on that property located within Section 13, Township 28 North, Range 22 west, Flathead County. SECTION II. At the next regular meeting of July 16, 2007, the City Council will consider Resolutions to Adopt, Revise, or Reject said proposed amendment. SECTION III. The City Clerk is authorized and directed to give notice of said meeting in accordance with Section 7-1-4127, MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF I ALISPELL, THIS 2ND DAY OF DULY, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Exhibit "A" Legal Description Willow Creek Growth Policy Amendment That portion of Tract 4 of Certificate of Survey No. 16423 lying west of the westerly right of way boundary of the proposed Highway 93 Bypass and south of the center line of Ashley Creek, in the Southwest V4 of the Northeast 1I4 of Section 13, Township 28 North, Range 22 West. P.M.M.; together with. - That portion of Tracts 1, 2 and 3 of Certificate of Survey No. 14543 lying west of the westerly right of way boundary of the proposed Highway 93 Bypass and in the Northeast 1/4 of the Southeast V4 of Section 13, Township 28 North, Range 22 west. P.M.M., encompassing approximately 18 acres.