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04. Resolution 4719/4720 - Adopting or Rejecting Master Plan Amendment/West View EstatesTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT West View Estates Master Plan Amendment - 58 Acres West Reserve Drive and Stillwater Road MEETING DATE: July 1, 2002 BACKGROUND: This is a request by Mark Owens, dba LBO Limited Partnership, for an amendment to the Kalispell City -County Master Plan on approximately 58 acres for property located at the northeast corner of Stillwater Road and West Reserve Drive. The proposal would amend the master plan for the area from Agricultural to Urban Residential on approximately 42 acres, to High Density Residential on approximately 9 acres and Neighborhood Commercial designation on approximately 7 acres. The amendment would facilitate the development of a 119-lot residential subdivision and future development of high -density residential and small scale commercial. If the master plan amendment is approved, annexation of this property to the City of Kalispell and assignment of appropriate zoning would be undertaken immediately. A public hearing before the Kalispell City Council has been scheduled on this matter for July 1, 2002. The Kalispell City Planning Board held a public hearing on Tuesday, May 28, 2002 special meeting with some recommended changes. At the public hearing the applicants spoke in favor of the proposal. There were several people from the Stillwater Estates neighborhood directly to the east who spoke at the public hearing in opposition to the high density residential area that would adjoin their property. They cited concerns with increased density and the impact it would have on the character of their neighborhood. After the public hearing the board discussed the proposal, taking into consideration the issues identified by the neighbors. This led the board to modify the goals and policies related to the High Density Residential area to require that the area immediately adjoining the Stillwater Estates property be developed residentially. After board discussion regarding the issues and the amendments to the goals and policies, the Kalispell City Planning Board passed a motion unanimously to recommend approval of the West View Estates Master Plan Amendment along with the goals and policies outlined on Attachment A as amended. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish West View Estates Master Plan Amendment June 26, 2002 Page RECOMMENDATION: A motion to adopt, amend or reject the proposed master plan amendment may be appropriate. FISCAL EFFECTS: Undetermined. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: June 26, 2002 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter and Attachment A Staff Report KMPA-02-1 and application materials Draft minutes from 5/28/02 planning board special meeting Cc: Theresa White, Kalispell City Clerk. H: \... \TRANSMIT\KALISPELL\KMPA\02 \KMPA02-1MEMO.DOC RESOLUTION NO. 4719 A RESOLUTION ADOPTING A CITY -COUNTY MASTER PLAN. AMENDMENT TO THE KALISPELL WHEREAS, the Kalispell City -County Master (Comprehensive) Plan was originally adopted by the Kalispell City Council on October 17, 1974 and by the Flathead Board of County Commissioners on October 14, 1974, and WHEREAS, a comprehensive amendment and update to the Kalispell City -County Master (Comprehensive) Plan was adopted by the Kalispell City Council on April 7, 1986 and by the Flathead Board of County Commissioners on February 6, 1986, and WHEREAS, On January 31, 2002, Mark Owens, dba LBO Limited Partnership, made an application to amend said Master Plan by changing the designation on approximately 58 acres of land located on the northeast corner of Stillwater Road and West Reserve Drive, described as a portion of Assessor's Tract 5, Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, from "Agricultural" to "Urban Residential" on approximately 42 acres, to "High Density Residential" on approximately 9 acres, and "Neighborhood Commercial" on approximately 7 acres, and WHEREAS, on May 28, 2002, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and received Tri-City Planning Office report #KMPA-02-1, which evaluated the proposal based upon the goals and objectives of the Master Plan, 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 #KMPA-02-1, as the findings of fact and recommended approval of the proposed master plan amendment, and WHEREAS, the City Council of the City of Kalispell considered it advisable that they consider the proposed Master Plan amendment and the recommendations of the Kalispell City Planning Board, and adopted a Resolution of Intention to Adopt, Revise, or Reject a Proposed Amendment to the Kalispell City -County Master Plan (Resolution 4710), and WHEREAS, on July 1, 2002, the City Council met, held a Public Hearing, heard public comment on said Resolution of Intention and considered Resolution No. 4710, and WHEREAS, based upon the report (#KMPA-02-1), the Minutes and recommendations of Kalispell City Planning Board, and the input received at the hearing of July 1, 2002, the Council may, under § 76-1-102, MCA, amend the Master Plan if such amendment will: 1) encourage local governments to improve the health, safety, convenience, and welfare of its citizens, 2) plan for future development of communities so that highway systems are carefully planned, 3) assure, community centers grow only with adequate highway, utility, health, educational and recreational facilities, 4) observe needs of agriculture, industry, and business in providing for future growth; 5) provide for healthy surroundings for family life in residential areas, 6) promote the efficient and economical use of public funds in growth, and WHEREAS, the City Council hereby adopts Tri-City Planning Office report KMPA-02-1 as findings of fact. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell hereby adopts a proposed amendment to the Kalispell City -County Master Plan, said amendment consisting of changing the plan for the area described above, from Agricultural to Urban Residential, High Density Residential and Neighborhood Commercial and said amendment being contingent upon and becoming effective upon the annexation of said area into the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1ST DAY OF JULY, 2002. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk RESOLUTION NO. 4720 A RESOLUTION REJECTING A RECOMMENDED AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, the Kalispell City -County Master (Comprehensive) Plan was originally adopted by the Kalispell City Council on October 17, 1974 and by the Flathead Board of County Commissioners on October 14, 1974, and WHEREAS, a comprehensive amendment and update to the Kalispell City -County Master (Comprehensive) Plan was adopted by the Kalispell City Council on April 7, 1966 and by the Flathead Board of County Commissioners on February 6, 1986, and WHEREAS, On January 31, 2002, Mark Owens, dba LBO Limited Partnership, made an application to amend said Master Plan by changing the designation on approximately 58 acres of land located on the northeast corner of Stillwater Road and West Reserve Drive, described as a portion of Assessor's Tract 5, Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, from "Agricultural" to "Urban Residential" on approximately 42 acres, to "High Density Residential" on approximately 9 acres, and "Neighborhood Commercial" on approximately 7 acres, and WHEREAS, on May 28, 2002, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public comment upon, and received Tri-City Planning Office report #KMPA-02-1, which evaluated the proposal based upon the goals and objectives of the Master Plan, 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 #KMPA-02-1, as the findings of fact and recommended approval of the proposed master plan amendment, and WHEREAS, the City Council of the City of Kalispell considered it advisable that they consider the proposed Master Plan amendment and the recommendations of the Kalispell City Planning Board, and adopted a Resolution of Intention to Adopt, Revise, or Reject a Proposed Amendment to the Kalispell City -County Master Plan (Resolution 4710), and WHEREAS, on July 1, 2002, the City Council met, held a Public Hearing, heard public comment on said Resolution of Intention and considered Resolution No. 4710, and WHEREAS, based upon the report (#KMPA-02-1), the Minutes and recommendations of Kalispell City Planning Board, and the input received at the hearing of July 1, 2002, the Council may, under § 76-1-102, MCA, amend the Master Plan if such amendment will: 1) encourage local governments to improve the health, safety, convenience, and welfare of its citizens, 2) plan for future development of communities so that highway systems are carefully planned, 3) assure community centers grow only with adequate highway, utility, health, educational and recreational facilities, 4) observe needs of agriculture, industry, and business in providing for future growth; 5) provide for healthy surroundings for family life in residential areas, 6) promote the efficient and economical use of public funds in growth, and WHEREAS, the City Council hereby adopts Tri-City Planning Office report KMPA-02-1 as findings of fact. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell hereby rejects a proposed amendment to the Kalispell City -County Master Plan, said amendment consisting of changing the plan for the area described above, from Agricultural to Urban Residential, High Density Residential and Neighborhood Commercial. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1ST DAY OF DULY, 2002. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk