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1. Resolutions 5121A, B or C - Adopting, Revising or Rejecting Growth Policy AmendmentREF4DRT TO: FROM: SUBJECT City of Kalispen Planning Department 7 - "dStreet East, Sue 211, Kalispell, Montana 59901 Telephone-. (406) 5 -85 .fax* 751-1858 Kalispell Mayor and City Council Sean Conrad, senior Planner James H. Patrick, City Manager Growth Policy Amendment request for Eisinger Properties, LLC and Lyle and Joanne Davis MEETING `E: June 19, Zoo BACKGROUND: This is a request from Eisin. er Properties, LLC and Lye and Joanne Davis for a growth Policy amendment on two properties totaling 15.4 acres. The Property owners are requesting to amend the growth policy designation on the properties from Neighborhood Commercial and Suburban esident al to Commercial. The properties are located at 2545 and 2563 Highway 93 North., at the northeast comer of the intersection of Highway 93 and West Reserve Drive, located within Section 30, Township 29 North, Range 21 Vest, Flathead County, Montana. The planning board held a Public hearing . on May 9, 2006, and after hearing the staff report and testimony from the consultants the planning board was unable to provide a. recommendation to the City Council on the Proposed growth policy amendment as a vote to recommend approval rova. was split 2 to 2. The two planning board members opposed to the growth policy amendment stated that the proposal is Premature since the planning board is working on a growth policy amendment for this area and the proposed amendment en.t does not provide enough safegua.rds for protecting the transportation. corridor ,for the bypass if future commercial construction were to be built on the properties. The planning board also had concerns with the appearance the Property would have from the West Reserve Drive and Highway 93 intersection. REC' ' : roue to the split vote of the planning board the growth policy amendment is being forwarded to the Council without a recommendation from the board.. FISCAL EFFECTS: Positive impacts once fly developed. ALTER`: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: May 31, 26 Theresa White, Kalispell City Clerk es H. Pack City Manager RESOLUTION No. 5121A A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY 20209 TO BE KNOWN AS THE EISINGER GROWTH POLICY AMENDMENT. WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003, and WHEREAS, sin er Properties LLC and Lyle and Joanne Davis, is, on the 1 th day of April, Zoo , made an application to amend said Growth Policy by amending the land. se designation on 15.4 acres from Neighborhood Commercial and Suburban Residential to Commercial, and WHEREAS, the area included is within Section 30, Township 29 North, Range 21 West, flathead County and more particularly located at 2545 and 2563 Highway 93 North, Kalispell, Montana, and WHEREAS, on May 9, 2006, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Planning Department report 1.G-0- 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, on a tie Grote, failed to adopt report KGP -o -1. as the findings of fact and which recommended approval of the proposed Growth Policy amendment, and WHEREAS, the City Council of the City of Kalispell, on June 5, 2006, passed Resolution 5118, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment ent to the Kalispell Growth Policy 2020, 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 Zo o by amending the land use designation of Neighborhood Commercial and Suburban. Residential to Commercial at those properties located within Section 30, Township 29 North, Range 21 Nest, flathead County and more particularly described on Exhibit "A", attached hereto. NOW, THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY of KALISPELL9 AS FOLLOWS: SECTION 1. That pursuant to Section 6 - - 60 , MCA, the City Council of the City of Kalispell pell hereby adopts an amendment to the Kalispell Growth Policy 2020, said amendment consisting of amend-Ing the land use designation of Neighborhood Commercial and Suburban Residential to Commercial at those properties located within Section 30, 'township 2 'North, Range 21 West, Flathead County and more particularly described on Exhibit "'A", attached hereto. SECTION 11, This Resolution shall become effective media elyupon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCEL AND SIGNED Y THE MAYOR of THE CITY of KALISPELL, THIS -19TH DAY of JUNE 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk RESOLUTION No. 5021E A RESOLUTION REVISING AN AMENDMENT To THE KALISPELL GROWTH POLICY 2 2 � TO BE KNOW-N AS THE EISINGER GROWTH POLICY AMENDMENT. WHEREAS, the Kalispell Growth Policy 2020 wasoriginally adopted by the Kalispell City Council on February 18, 2003, and WHEREAS, Elsinger Properties LLC and Lyle and Joanne Davis, on the 14th day of April, Zoo , made an application to amend said Growth Policy by amending the land use designation on 15.4 acres from Neighborhood Commercial and Suburban Residential to , and WHEREAS, the area included is within Section 30, Township 29 North, Range 21 west, Flathead County and more particularly located at 2545 and 2563 Highway 93 North, Kalispell, Montana, and WHEREAS, on May 9, 2006, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Planning Department artment report KGPA-o - 1, which evaluated the proposal based upon the goals and objectives of the Growth Policy, the pose of zoning and cent 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, on a tie vote, failed to adopt report KG A-o --1, as the findings of fact and which recommended approval of the proposed Growth Polley amendment, and WHEREAS the City Council of the City of Kalispell, on June 5, 20 0 6, passed Resolution 5 118, a. Resolution of Intention to Adopt, Revise or reject a Proposed Amendment to the Kalispell Grout. Polley 2020, and WHEREAS, the City Council of the City of Kalispell finds that it is in the best interest of t.e City to amend the Kalispell Growth Policy 2020 by amending the land use designation of Neighborhood Commercial and Suburban residential to at hose properties located within Section 30, Township 29 North, Range 21 west, Flathead County and more particularly described on Exhibit "A"', attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of KALISPELL, AS FOLLOWS: SECTION 1. That pursuant to Section - 1- o , MCA, the City Council of the City of Kalispell hereby adopts an amendment to the Kalispell Growth Policy 2020, said amendment consisting of amending the land use designation of Neighborhood Commercial and Suburban residential to at hose properties located within Section 30, Township 29 North, range 21 west, Flathead County and more particularly described on Exhibit "A",, attached hereto. 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 KAL SPE , THIS 1 9TH DAY OF JUKE, 2006. Pamela B. Kennedy Mayor ATTEST: : Theresa White City Clerk RESOLUTION REJECTING AN .AMENDMENT To THE KALISPELL GROWTH POLICY 20206 WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003, and WHEREAS, Eimer Properties L C and Lyle and Joanne Davis, on the 1 t . day of April, Zoo , made an application to amend said Growth Policy by amending the land use designation on 15.4 acres from Neighborhood Commercial and Suburban Residential to Commercial, and WHEREAS, the area included is within Section. 30, Township 29 North, , Range 21 West, Flathead County and is more particularly de cr' ed on Exhibit "A"' attached hereto, and WHEREAS, on May 9, 2006, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and reviewed Kalispell Tanning Department report KG B.-o6- 1, which evaluated the proposal eased 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, on a tie vote, failed to adopt report KGPA-0 -1, as the Endings of fact and which recommended approval of the proposed Growth Policy amendment, and WHEREAS,, the City Council of the City of Kalispell, on June 5, 2006, passed Resolution 5118, a Resolution of Intention to Adopt, Revise or ReJect a Proposed Amendment to the Kalispell Growth Policy 2020, and. WHEREAS, the City Council of the City of Kalispell finds that 1t is not in the best interest of the City to amend the Kalispell Growth. Policy 2020 by amending the land use designation on 15.4 acres from Neighborhood Commercial and Suburban. Residential to Commercial. NOW, THERE ' RE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of KALISPELL, AS FOLLOWS: SECTION L That pursuant to Section -1. - o , MCA, the City Council of the City o Kalispell hereby rejects an amendment nt to the Kalispell Growth Policy 2020, said amendment consisting of amending the land use designation on 15. acres from Neighborhood Commercial and Suburban Residential to Commercial. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS .19TH DAY OF .IN , 2006. Pamela. B. Kennedy Mayor ATTEST. - Theresa White City Clerk City of Kali*spell Planning Department "' Street ;fast; Suite 11, Kalispell, Montana 59901 Telephone: (406) 751-18.150 .fax: 5 1- l 5 8 May 3 1, Zoo James H. Patrick, City Manager City of Kahspe .l P.. Box 19 Kalispell, MT 59903 Re: Groff Policy Amendment request for Elsinger Properties, LLC and Lyle and Joanne Davis Dear Jiro: The Kalispell City Planning Board met on May 9, 2006 and held a. public hearing to consider a. request from Eislner Properties, LLC and Lyle and Joanne Davis for a growth policy amendment t on two properties totaling 15.4 acres. The property owners are requesting to amend the growth policy designation on the properties from Neighborhood Commercial ercial and Suburban Residential to Commercial. The properties are located at 2545 and 2563 Highway 93 North, at the northeast corner of the intersection of Highway 93 and West Reserve Drive, located within Section 30, Township 29 North, Range 21 West, Flathead County, Montana.. Sean Conrad, with the KahspeR Planning epart xent, presented staff report KGP 06 - 01 evaluating the proposal with staff recommending approval of the proposed growth policy amendment. Tom Dent , Kalispell Planning Department Director, also answered questions from the board specific to the proposed growth policy amendment. During the public hearing the consultants for the project spore in favor. No one else wished to spew and the p .bhc hearing was closed. The planning board discussed the proposal and was unable to provide a recommendation dation to the City Council on the proposed growth policy amendment as a. Grote to recommend approval was spit 2 to 2. The two planning board members opposed to the growth policy amendment stated that the proposal is premature since the planning board is working on a growth policy amendment for this area and the proposed amendment does not provide enough safeguards for protecting the transportation corridor for the bypass if future commercial construction were to be built on the properties. The planning board also had concems with the appearance the property would have from the West Reserve Drive and Highway 93 intersection. Please schedule this matter for the June 1. ,, 2006 regular City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning e artment if you. have any questions regarding this matter. Sincerely Kalispell City Planning Board mow. Timothy Norton Nice President t Attachments: Exhibit A -Resolution to approve groom policy amendment Staff report KGPA06-01 and application materials Minutes from the 5/9/06 planrfing board meeting c ter/ Att: Theresa. White, KalispeR City Clerk e w/o Att: Eisen ger Properties, LLC oo West Idaho Kahspell, MT 59901 Lyle and Joanne Davis 2563 Highway 3 North Kalispell, MT 59901 Schwarz Architecture and Engineerffig, Inc. oo Financial . e, Smote 120 Kalispell, MT 59901 =f-L ��� GROWTH POLICY AAWNMEN KALISPELL PLANNING DEPARTMENT STAFF REPORT KG -06- APRIL 20, 2006 report to the Kalispell City Planning Board and the Kalispell City Council . regarding a request to amend the Kalispell. Groff Policy on property located on the n rtherr end of Kalispell along Highway 93. A public hearing has been scheduled before the Kalispell City Planning Board for May 9, 2006 begm*ning at :oo Per in the Kalispell. City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. Petitioner and Owners: Eisinger Properties, LLC 000 West Idaho Kalispell, MT 59901 (406) 55-555 Lyle and Joanne Davis 2563 Highway 93 North Kalispell, MT 599(} I. (406) 752-3356 Technical Assistance: Schwarz Architecture and Engineering, Inc. 1000 inancial. Drive, Suite 120 Kalispell, MT 59901 (406) 5-1333 B* Nature of the Request: This is a proposal to amend the Kalispell Groff Policy 2020 by char. 91 ing the land use designation on two properties located at the northeast comer of the intersection of West Reserve Drive and Highway 93. The properties are currently outside of the City limits The property owners have petitioned to sex into the City and have requested the . - 2, General. Commercial, zoning district. The properties are designated by the Kaiispe . Growth. Policy 2020 as Neighborhood Commercial and Suburban Residential for the 10. i acre property described as Assessors Tract 41, owned by Eisin er Properties, LLC, and Suburban Residential for the 5.3 acre property described as Assessors Tract 4C, owned by Lyle and Joanne Davis. In order to obtain the proposed -2 zoning, the owners will reed to amend the groom policy map land use designations to Commercial. C. Location and Description of Property: The properties proposing the Growth Policy Amendment are situated on the northeast corner of the intersection of West Reserve Drive and. Highway 93. The property addresses are 2545 and 2563 Highway 93 North and can be described as Assessors Tracts Q and 4C located M the SW 14 of Section 30, Township 29 Now, Range 21 West, . M. M. , Flathead County, Montana. Assessors Tract 41 is a 10. 1 acre propel located at the northeast intersection o West Rese re Drive and Highway 93. The property address is 2545 Highway 93 however the property is currently vacant. It has apprwdmately 730 hneal Feet o Highway 93 frontage acre.g its westem boundary and 500 meal feet of frontage along West Reserve r've, adjacent to its southern property boundary. The property once included a. seasonal drainage for lands to the southwest. The property conveyed grater frorn lands to the southwest under the highway intersection through the property and into the Stiflwater River. Over the past several years the property has been filled in and is now devoid of any major vegetation save for a strand of pine trees along the eastern boundary adjacent to the Stillwater River. The majority of the site is level with an escarpment running along a portion of the properties eastern edge. Assessors 'bract I looking northwest across the property. Highway 93 is in the background. Assessors 'tract 4C is located approximately 750 feet now of the West Reserve Drive and Highway 3 intersection. The property is developed with a single family residence addressed as 2563 Highway 93. The property contains 5.3 acres and is generally level throughout except along the eastern boundary were, like the property immediately south, a steep bank leads down to -the Stillwater River. In addition to a residence on the property several. outbuildings are located in the western half of the property. Mature trees and with an under story of amass in the western portion of the propertv provide a park like setting. 2 The photo at left shows the Davis property taken from across highway 93. D. Mdsting Land Use and Zoning: As stated above, Assessors 'bract 41 is vacant at this time and Assessors Tract 4C is developed with a. single family residence and several outbuildings. The properties are currently in the County zoning jurisdiction with .Assessors Tract 41 zoned -2 and .Assessors Tract 4C zoned R- 1. The County B-2 district is a business s district intended to provide for those retail sales and service functions and operations that are typically characterized by outdoor display, storage, and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. This district is very sear to the City B-2 district. The County - 1, Suburban Residential, district is intended to provide estate -type development. t. These areas would normally be located in rural areas away from concentrated urban development, typically not seared by grater or sewer services, or in areas where it is desirable to permit only low -density development. Evaluation of the Growth Policy Plan Amendment: No specific cn'teria have been outlined to address amendments to the growth policy, but amendments ents generally follow public interest criteria. Elements of those criteria are basic to most comprehensive land use plans, which are a common tool in most communities. The growth policy, master plan or comprehensive plan are used to provide a general and comprehensive outline of community goals and expectations about where and hover a community should grow and. develop. 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 ng criteria for evaluation IR be established as follows: * Changes in circumstances that arrant the amendment; Compliance with the overall goals and policies of the master plan and its various 3 elements: ents: 0 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 Kalis eR Growth Policy 2020 as well as current and future development trends for the area. Has there been a change circumstances under which the proposed plan amen eat is being made: that warrants its consideration The growth policy for Kalispefl was adopted �n February of 2002 which has been a useful, tool in providing guidance to the community, developers, decision makers and staff when anticipating groom trends and expansion of the city limits. However, the growth and expansion .sion. of the city has occurred much faster than could have been anticipated on all sides of the community. The adopted growth policy neap designates the two properties included in the Growth Policy Amendment as Neighborhood Commercial and suburban Residential land uses. In the last five years the city has seen a. tremendous amount of commercial growth in the area south of West Reserve Drive along Highway 93. The Target/Home Depot commercial center in addition to the Lore's eostco commercial center and., more recently, the approval of the Hutton. Ranch Plaza have turned the last half mile along Highway 93 leading to West Reserve Drive into a commercial corridor. Given the change in land uses in the immediate area., a. growth policy map amendment to Commercial should, be given consideration as the nature of this end of the city has changed. In addition to the commercial expansion in the immediate area of the proposed amendment, the Kalispell City Planning Board has been reviewing the existing growth Policy map for areas north of West Reserve Drive up to the intersection of Highway 93 and. church Drive. The lanrn'ng Board is considering changing the Neighborhood Commercial and Suburban Residential land use designations for properties located north of Vest Reserve Drive to the St Rwater River, on the east side of Highway 93, to Commercial. This would include the two properties requesting the groom policy amendment. Although a. public h.ear:' g has not been held on the proposed changes by the planning board, the planning board has recognized that the changing land use in the immediate area warrants additional commercial expansion along Highway 93 north to the Stillwater River. 2: Does the proposed plan amen further the overaU goals and objectives of the groom policy when considering the specific elements of the plan? Growth Management: Two primary mechanisms for rnana n groom in the City of Kalispell exist which are to rely on redevelopment and infill wit .ire the current City limits or annexation of outlying areas. A goal of the growth policy is to provide a. comprehensive, effective groom management plan that provides for all the needs o the comet r .ty, is adaptable to changing trends and is attuned to the overall p bhc welfare. Chapter 2, Policy 6 of the Kalispell Grouch Policy states, "Design. and locate development o protect public health and safety; insure adequate provision of services; e compatible with the character of its surroundings and encourage the most appropnate use of land. The proposed map amendment would allow commercial zorfing and uses an arrea that is adjacent to existing water and sewer services. The property is located at the northern end of a commercial corrld.or with neighboring properties immediately north proposing cor=ercia . zoning within the County. Highway 93 divides the existing high density residential to the merest. Immediately east of the Eisinger property is a church., and the Stillwater liver. 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. standards for the designation or expansion o commercial areas should be based on a. compact development pattern designed to meet the needs of the mtend.ed service area. As discussed earlier in this report, the planning board has been re riew g the existing growth pohcy map for the areas north. of West reserve Drive and the planning department is preparing to hold an information meeting to discuss the planning board's ideas and. recommendations. The proposed growth policy map would place commercial zoning on properties located north. of West Reserve Drive, e, along Highway 3 up to the Stillwater Bridge. The properties requesting the neap amendment are included. M the planning boards growth policy neap as having a commercial land use designation. In updating the groom policy map, the planning board is also considering policies aimed at enhancing the gateway enhances to Kalispell through unproved. design. These design policies include providing for an impact area, between 100-150 feet in width, adjacent to Highway 93. Within this impact area, a combination of berming, landscaping, a pedestrian trail system and frontage roads would be incorporated. The policies would also place the primary buildings outside of this impact area, promote four sided architecture and have new development incorporate monument signs located in the rear portion of the impact area, while prohibiting other freestanding signs. if the Groff Policy Amendment is approved, future commercial construction on the site should incorporate these policies into their construction design. 5 F.Acono : The economic component of the groom policy recog=' es a diverse economy and Kahs e . as the economic center of the community. . It also recognizes a tread away from resource and. agr*c It oral based economies to that of service, tourist, business and health, care services. The plan encourages policies that wiH provide for higher paying jobs based on non-traditional economic bases. Chapter 6 of the KalispeH Growth Policy encourages new businesses to locate in areas where sound infrastructure can be provided. In addition., one of the goals in the economic chapter of the Groff Policy is to strengthen en .valise . as a regional retail center that strives to capture more local and out of county dollars. The proposed map amendment dment co ld create 15.4 additional acres of commercial lard .se. The property owners have also petitioned for annexation and a.re requesting a 2 , General Commercial, zom' ng district on tie properties. This request stems from the fact that one of the property owners, Eisinger Properties, LLC, is relocating their current auto dealerships located on Idaho Street to this site. The proposed map amendment would alloy the auto dealership to build within the City limits. Prior t constructing within the City, the developers will be required to extend water and sewer service to the site. Environmental Considerations: The properties proposing an amendment ent to the groom policy ma.p are, for the most part, level. A steep slope is located along the eastern nd.a es of the properties adjacent to the Stillwater River. Future development would be located west of these slopes. The application rotes one environmental constraint on the property which has already been addressed. The issue was a storm dram owned and maintained by the Montana Department of Transportation at the southwest corner of Assessors Tract Q, the ism ger property. The stormwater drain rare northeast through the propel draining runoff from the highway into the Stillwater River. The application rotes that the drain has been reconstructed, upgraded and extended per specifications from the Montana Department of Transportation. One other environmental consideration is the proximity of the Stillwater River and the accompanying 1 oo-year flood lain. FEMA flood lain map, Community Panel No. 300023 1805D,, shoves portions of the 100-year flood. lain along the eastern boundaries of the two properties. However, the owners intend to develop the western portions of their respective properties which are higher it elevation and out of the I oo-year flood lain. The only exception to this is a possible overflow parking lot, which. Elsinger Properties, LLC, is considering constructing on Assessors Tract 4C down by the Stillwater River. If the owners pursue this, given the scope of the work and extent of the flood lain on the property, a flood lain permit may be required. Community and Recreational Facilities: As development has been constructed a.iong Highway 93, between 4 Mile Drive and West Reserve give, the City has required a. bike path be placed within the highway right-of-way at the developer"s expense. The planning board has been reviewing are updated growth policy ma.p for areas north of West .deserve as mentioned ned revio .sly it this report. The planning board has also recommended policies pertaining to new v development along Highway 3. One of these policies is to incorporate a. bike trail system in conjunction with landscaping along Highway 93 in order to provide are attractive entrance into the city 101 and a more pedestrian and bike friendly community. .nity. If the Growth. Policy Amendment is approved, f .t ,re commercial construction on the site should incorporate these policies into their construction design. Trans : The proposed amendment t to commercial for the two properties included in this application has the potential to allow a multitude of uses however, the owners are requesting the amendment ent to facilitate the construction of an auto dealership on the Eisiner property and possible overflow pang on a portion of the Davis property. The proposed auto dealership on the ism er property, Assessors Tract 41. would have two accesses, one on Highway 93 a-nd the other on West Reserve Drive. The Davis propel, Assessors Tract 4C, already has a highway approach for the existing residence. The application motes however that the Montana Department of Transportation (MDOT)will need to conduct a. traffic =Paet analysis prior to issuing any approach permits and through the traffic impact analysis, MD ' will decide what mitigation measures may be required in order to facilitate are auto dealership. s this area grows, increased impacts to the highway system can be anticipated. The Montana Department of Transportation is in the process of upgrading ing the intersection of West Reserve Dfive and Highway 93. Included in this upgrading is the potential for a frontage road to serge the Eisin er and Davis properties as well as two other properties located north of the Davis property. A frontage road would lessen, congestion and the impact of an auto dealership or other commercial uses at this site however, the ultimate decision on whether independent accesses or a frontage road would e required ill be up to the Montana Department of Transportation. Communi Facilities,.ln�structure and Public Services: Properties should be annexed into the City of Kalispell, when City services are available to the propel and the property is proposed for development In accordance with City policies. Kalispell's Extension of Services Plan anticipates that the costs of the extens .on of services to new development be borne by developer and associated impacts will be mitigated. The extension of services plan further anticipates that if upsizing is required to accommodate future anticipated users that the City will pay the difference between the capacity required by the developer and the capacity required for future users. Potentially, a. development agreement with the City can be executed to ensure that the "latecomers"onto the system repay the development costs to the developer an or the City of Kalispell. The owners of the ismger property have already held meetings s With City staff to discuss the feasibility of extending water and sewer lines to the site. Below is a brief summary of existing facilities able to serve the proposed commercial saes and any extension of facilities that would be required. Sewer: 'here is an existing 12 -inch sewer main located approximately 270 feet south of the intersection of West Reserve Drive and Highway 93, on the east side of the highway. In order to develop the two properties within the City the owners will need to extend the surer- main. The apphcation notes that the owner would be extending the suer service to the site per the Kalispell Public Forks Department specifications. 7 Water: There is are existing 12-inch water mam' located the southeast comer of the intersection of west Reserve l rl e and. Highway 93. In order to develop the two properties within the City the owners wifl need to extend the water main. The application rotes that the owner would be extending the water service to the site per the Kalispell Public works Department specifications. .ons. Storm water mana r r Kalispell Public Works Department has design and construction standards that relate to storm water management which generally require that any storm water generated from the site be managed and retained on site. Store grater flogs from the site coot exceed pre -development levels and the developer wiU be required to prepare a comprehensive storm water analysis and must identify the impacts of the proposed development. Mitigation measures res must be identified and implementation tation nderta en as needed. Dance annexed Mto the City of Kalispell., the Kalispell Fire Department will provide protection to the area. Fire station no. 62 recently opened and will provide fire services. The fire station is located approx1mately 1 mile south of the properties proposing the growth policy map amendment. New development will need to meet the requirements eats of the Intemational. Fire Code and the required fire flows for new commercial. construction. Police: Demands on the Kalispell Police Department will not increase as the proposed amendment will not contribute to more housing, adding to Kalis el.l's population. Educational Services.- The proposed amendment e .t would allow additional business t locate within the City hmits. Generally commercial and industrial development will contribute significantly to educational facilities. SUMMARY: This growth policy amendment reflects anticipated development along the Highway 93 corridor and recognizes that continued groom pressures in this area will tape place. The provision of public services and facilities to this area wiH contribute to the management of groom locally and regionally as well as providing an area for commercial expansion sion within the City. Based upon the above evaluation, lanning staff would recommend that the Kalispell City Planm'ng Board adopt Staff Report KG -o -2 as findings of fact and approve Resolution KGPA-06-2 amending the Kalispell Groff Policy 2020 for Assessors Tracts 4C and 4L Staff also recommends that included in the recommendation of approval he Highway Community Entrance overlay be designated on these properties so that future construction would comply with the policies set forth for highway corridor entrances lr cl. dfg landscaping, setbacks, pathways and sign restrictions. 0 City of Kalispell Planning Department - 2n Street .East, Suite 211,. Kalispell,, Montana 59901 Fax: o -5 APPLICATION FOR GROWTH POLICY AMENDMENT (GPA) PROJECT NAME: { 1. NAME OF APPLICANT: L�n b"7"�n sttr& 2. MAIL ADDRESS: 3. CITY/ STATE/ ZIP: "-T PHONE: NAME AND ADDRESS OF OWNED./ S IF DIFFERENT THAN APPLICANT: ) A-A)A 4E- �9,q t;j S 5. MAIL ADDRESS: 6 . CITY/STATE/ZIP. �. 7. TECHNICAL ASSISTANCE: A�C-H '7 8. MAIL ADDRESS-x 101� . CITY/ STATE/ ZIP. ���� �'� � a /4S7PHONE. "7 57,�- - If mere are others who should be notified during the review process, please hst those. A. a C. Propel Address: Total Area of Property: lc�5"�,3 LIZ j rru--� 93A11 Legal description including section, township & range: - _ � � ¢ I D. Please provide the following info=ation in a. narrative format with supporting drawings or other fo=at as needed: a. An o eraU description of the issues, goals and policies associated with tie proposed development. t. . Project feasibility and a schedule showing the timeframe in whicheach phase will be completed. C. A showing of the conformance of this amendment with the groom pokey overall. . d. A convincing showing of need. e. A showing of neighborhood com atibiEt r. Where there are more intensive uses or incompatible uses planned within the plan area or o the boundaries, how the impacts of those uses would be mitigated. fFA showing of transportation impacts and general proposed. mitigation measures. g. A Esting of the environmental impacts associated with the plate. amendment. h. A listing of all know site hazards and general mitigation strategies iRA strategy for the adequate provision.. of local services (1). Water (2). sewer (3). Pohce (4). Fire (5). arrks and open space, trails and pedestrian. ways (6). Storm water (7). schools (8). Gas, electricity i. A showing of the appropriateness of the proposed location of the project. k. The extent to which the plain die axts from the existing groin policy and the reasons why such departures are or are not deemed to be in the public interest. Include site plans, drawings and schematics with supporting arratives where needed that includes the following information: 2 (1). property boundary locations. (2). Site hazards or environmental constraints including area of steep slopes 0% and 25% , f .00d la* and flood way, drainage or streams; (3), Total acreage, current groom policy designation and present zoning classifications-, (4). Groff policy and zoog classification of all ad. oM'M'g properties; (5). .ssig ment of major or lard use categories. A s ong of density and intensity of major lard uses including, for example, dwelling units per gross acre, square footages of commercial acre, square footage of industrialuses/ acre, potential public facilities and buildings, open space uses, etc. (6), CoRector a..nd arterial road systems. Any unusual road features (bridges, frontage roads, etc. (7). oca.tio . and type of significant open space, common areas or substantial buffers, and major pedestrian trail systems; (8). proposed schedule of completions and phasing of the development, if applicable; (9). Existing covenants, conditions and restrictions which would significantly alter development within the area.; (10). Special or unusual design features intended to mitigate i.d.enti.fied site hazards. (11). Any other infor-nation that may be deemed relevant and appropriate to allow for adequate review. The signing of this application s .g ifies that the aforementioned. M or a.tion is true and. correct and grants approval. for Kalispell l g Department staff to be present on the property for routine monitoring and inspection dun'ng review process. (AppI14Wht Signature) /0- E_ 1: ---v r, g 5 g-:, 0' �' - -I - - /' �' �' 4 //4_ /0. 6 ('ate) 3 of ARCH [TEGTU RE ff�'�7 low April 14, 2005 5CI-iwARZ Mr. Thomas Jentz City of Kalispell Planning Depertment 17 2nd S'1ree E-as Ka Isp ell, MT 59901 Re: Growth Policy Amendment for New Elsin er Dealership Site Kalispef3f Montano Dear m. Schwarz Architecture & Engineering, Inc. is respectfully proposing an amendment en o the existing Kalispell growth policy on behalf of i ger Properties, LLC and Lyle & Joanne Davis. she area in question is located immediately to the northeast of the intersection of Reserve Drive and is three tracts described as Tracts 41 and 4C in Section 30, Township 29 North, Range 21 West. The properties are currently outside the city limits, but are anticipating annexation. We are proposing charging the Eisinger property currently Master planned as Neighborhood Cornmerciai and Suburban Residential by the city) and the Davis Property (currently raster planned as Suburban Residential by the city) to General Commercial. The amendment would be in anticipation cT, and consistent with, the Planning Board's proposed recommendation to extend the commercial designation to the area north and eaST of the intersection at US Highway 93 and Reserve Drive, to the Stillwater River. The existing growth policy shows Neighborhood Commercial at the very corner of the intersection with the remaining property being residential. The goal afterward, if the Growth Policy is approved, i to petition for a -2 zoning designation. Goals and fiis We believe fat this Growth policy amendment furthers the existing policies of the Kalispell Growth Policy y: • Encouraging the development and growth of prosperous commercial and industrial districts, each with a viable mix of businesses, suitable infrastructure, and a coordinated development pattern that reduces business cosis and increases small business potential. • This new commercial development is occurring in areas where public water er and sever are available. • This policy amendment Ee t provides for adequate areas within the community frr commercial needs in order to be responsive to potential growth. a This new amendment will implement stcndards that ensure a high quality function and design in new development. Provides 1cr and encourages an adequate supply of jobs, higher median income e cnd a sTable iversI 3ed economy. SCH WA RZ ARCH 1 CT AN D N 6 1 N E R 1 N 6, I NC 100 Financial Dr., Suite 120 -- Kfallspell, MT 59901 w Tel: 0 _7 . - Fax: 406.755.1310 - www.schwarzae.com OJJ-J jel,1174/14,12006 _. E siii:ge ' Growth Policy Amendinent Page 2 of 3 Will stre-Mgthen Kalispell as a regional retail center that strives to capture more local and out of county dollars. Will be located in an area where sound infrastructure can be provided. Uses public eater and sever available 'his area that is in close proxilmity to these services. • improves the drainage and storm water drainage facilities in this particular area. Neighborhood Compatibility The property for the proposed Growth Policy Amendment is 'located in an area that has seen rapid commercial development in the past 2 years. The subject property is located just north of the spring Prairie Addition thct houses Target Home Depot, Petco, Famous Footwear, Pizza Factory and TJ Ma : . To the southwest of this property is Lowe's and Cosco and the future new Kalispell High School. To the north is the area proposed for a regional mall. And directly west is a high density apartment complex. Further west of these a arf ents are various single family subdivisions. We believe this Growth Policy Amendmenf is very much in keeping with the area, and patterns of development in this particular area. Transportation mp t A traffic impacf sfudy has been performed for fhe US Highway 93 and Reserve Drive 1, n tersecfion are d is of tached for review. Level of service of ,his intersection at ,his time is Levels B and C as observed by the traffic study. A T raffic impact analysis will need fo be performed by the MDOT prior to issuance of an approach permit. The site will have fwO accesses; one off US Highway 93 and one off Reserve Drive. As pointed out, a detailed Traffic impacf analysis will need to be performed for the MDOT to decide what types of improvements ents will need to be consfructed at The applicants expense fo malntcln the and C levels of service that are not occurring on the sife. Environmental Impacts/Site Hazards Only one environ en al i acf si e hazard has been encountered on the site at this Tire. An MDOT storm drain is located from the south wesf corner of the si e running north east through the property to the Stillwater. This drain has been constructed, upgraded and extended per specifications of the MDOT and is now in exceptional working ing order. A hydraulic analysis for the drain extension is attached to this report. No other hazards or environ en al impacts are known of this lire. In conclusion, there are no known environmental impacts or site hazards that would impact the development of the area. Local Services Local services are generally not impacted by commercial growth as they do not require school or general local government services like a residential subdivision would require. They also generally pay more taxes than residential developments. Public water and suer are easily extendable to the site a they exist on the south side of Reserve Drive. All services will be extended by the applicant and installed to public works specifications. Lave enforcement on the site will be minimal al compared to residential areas that require intense lave enforcement at tires. This site will require city of Kalispell fire emergency y Eisinger Growth Police' Ainendment Page services. The buildings will be sprinklered and built to UBC specifications, thus reducing the intensity of potential fires. A new fire station has just been built approximately 1/4of a mile of the site incorporating a reduction in travel time to a fire in this area, Water and sever are located just south of the site at the tilers convenience store. Discussions with Public works for extension of those services have already been initiated- The discussion to this point is that the applicant will extend services under Reserve Drive and then up the ea , side of the right of ay o S Highway 3 to the nor�l � conclusion, local services are adequate or can be extended to serve this development. Location of the Project The project area is located in an area of rapid commercial and residential growth. T his site is directly north of the Spring Prairie commercial center and northwest of the Section 36 development area that will house various commercial structures, a new high school, the new fire station and various single family residential structures as you move vest. A high density aportment complex is directly west of the site bordering this commercial development en from the single family residential housing behind it. The site is located in an area of intense retail development e and fits in veil with l e concentric pattern of growth that is occurring in the area. In conclusion, the site is appropriate for the commercial designation proposed for the site. Entrance Corridor Entrance corridors will be maintained through careful consideration and construction o buildings and the final site design. Blending architecturally pleasing structures and landscaping to create the best visual corridor possible for the north end of Kalispell. All improvements to the site will be reviewed and approved by the Kalispell site review committee. We feed that these properties with the intended use of Automobile Sales ar c# Service will be more appropriate and fit in with the goals and policies of the general commercial designation of the Kalispell Growth Policy. in closing, we feel this proposal substantial meets or exceeds the expectations of the goals and policies of the Kalispell Growth Policy. We are in hopes that the Kalispell city Planning Board and city council concur with our findings and vote to approve the Growth Policy amendment for the future Esinger Motors site. Sincerely,, Schwarz ar Architecture & Engineering, Inc. Kim Thomas Larson, Architect Cc; Project File \ aes ry r locum n's rajec* Fdes\Eishger Molors1# fm Jenz. Arii 14. 2006,kc.doc CB A]1CB 01 02 103 10j 10- 2 23 2 3 31 31. 2T 2 2- 01 I 4 6 A Ct Pro, P 4AB 4G M WWI 07w, I j il "Is 0• 7 I oil fA Ima t) 9 VICINITY MAP IS CALE 1 4 0, 0 EISINGE PROPERTIES, LLC L L & J NNE DAVIS GROWTH POLICY AM NDME CURRENT LAND USE Commercial Suburban Residential Urban Residential (retail, offices, services, mixed use, residential) (single family residential) duplex, single family and low density mufti -family) Neighborhood Commercial (not to exceed 4 dwellings per gross acre) typically 3 to 12 dwetlings per gross acre) (services, offices, limited retail to immediate neighborhood) High Density Residential Urban Mixed Use Area (multi family, limited office) (offices, residential. limited commercial & industrial) (typically A to 40 dwellings per gross acre) PIAYr DATE 4/18/06 PILE K G P L .N I SE H:\gi9\s1te\ka06_031andu9e.dwg # e 102 10 :. 10 '.c U COUNTY 3 21RA L..;JJ 2 21 2 2 < - �v Yf 3g 31 124 2 m PUD R an 0S,,'� 8 4GA I COUNTY :SAG-5 U Pik} { Ty R: } COUNTY S AG''10 VICINITY MAP SCALE i" = 400' EISINGER PROPERTIES, LLC/LYLE & JOANNE DAVIS REQUEST FOR A GROWTH POLICY AMENDMENT TO GENERAL BUSINESS FROM NEIGHBORHOOD COMMERCIAL & SUBURBAN RESIDENTIAL — FILED CONCURRENTLY WITH AN ANNEXATION AND INITIAL ZONING APPLICATION rivr nnre +/ve/ae FILE# KGPA-06-01 H:�\mta\kgpa06—01a-g City of Kalispell Planning Department - 2 d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: 0751-1858 We s te: kalispellplanning.com REPORT TO. Kalispell Mayor and City Council James Patrick, City Manager FROM: Seams. Conrad, Senior Planner SUBJECT Groff Policy Amendment request for Eisinger Properties, LLC and Lyle and ar ne Davis MEETING DATE: June 19, 200 The proposed groom policy amendment received a split vote at the Planning Board's May 9thmeeting because two planrn'ng board members felt the proposed amendment dick not provide enough safeguards for protecting the transportation corridor for the bypass if figure commercial construction ctio were to be built on the properties. The planning oar members also had concerns of the appearance the property would have from the West Reserve Dave and Highway 3 intersection. In order to help address these concer s the owners have instructed their consultants, ts, Schwarz Architecture and Engineering, to provide two separate site maps. The purpose of these maps is to illustrate how the owners intend to design the project to fit t . l'r needs as well as addressing the p .anru'ng board's concerns of providingroom for a future frontage road, providing for a landscaping strip and accommodating p e e striae and bicycle facilities to the site. The first map, titled plate 1, shows conceptually how a. bike path could be constructed along U.S. 93 Now adjacent to the two properties included M the groom policy amendment. The map also shows how ingress and egress to the sites would work under the current road conditions in addition to providing enough of a setback to accommodate a future frontage road along the properties. The second map, titled Plate 2, indicates the, future frontage road along the properties. Included in this map is how the landscaping and site layout shown in Plato 1 would work with the future frontage road shove in plate 2. Please note that the owners are intending to provide enough of a. setback along the highway and West Reserve Drive for the frontage road as well as a sidewalk and landscaping. fl= 5 C HAIA, C ARCHITECPAE *USREL6, MT SM TP'14P,67551133 FAX 4N.755J51.0 44 WFR'67li AVE. SV7910 ilcLm%, "Ki"XI ftl �1J6W.W 'M406 427124 I 15 PLATE 1