1. Growth Policy IssuesFlatheadegional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
PORT : Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
SUBJECT Kalispell Growth Policy Issues
MEETING DATE: September 25, 2000 Work Session
BACKGROUND: At a work session on August 28, 2000, the Kalispell City Council
reviewed the how issues related to the growth policy plan ranked based upon the
cumulative score each issue received from the council. At that meeting the council
agreed to take the issues that scored 50 or higher and directed the staff to group the
issues above 50 into related categories. The issues were grouped into five basic
categories: Capital Improvements, Intergovernmental Cooperation, Development on
the Fringe Areas of the City, Development and Land Use Issues, Updating the Plan
Document.
A Capital Improvements Plan needs to be created concerning public infrastructure.
Typically, cities have a Capital Improvements Plan that is separate from their growth
policy plan.
A strategy for the development, maintenance and replacement of public
infrastructure should be developed.
The missing aspects of replacement of public infrastructure are quite striking with
an entire section having been eliminated.
A more thorough treatment of how capital improvements will be addressed in the
city and the county should be provided.
. There is no capital improvement program.
An MOU between the City and the County should be developed addressing extra-
territorial zoning and construction standards.
A memorandum of understanding between the governing bodies could be
considered as a tool for intergovernmental cooperation.
Providing Community Planning Assistance To:
® Flathead County ® City of Columbia Falls ® City of Kalispell ® City of Whitefish
Kalispell City County Growth Policy Plan Memo
September 22, 2000
Page 2
That the city and county consider the adoption of extra -territorial zoning to provide
greater consistency in development standards and to streamline the annexation
process.
Development on the Fringe Areas of the City
Should Kalispell have an urban growth boundary?
How does the City handle developed areas adjacent to the City but without City
services? Specifically, how are these areas affected when developments near them
request City services and annexation. (ex: Two Rivers Resort and Kelsey Subdivision)
Development in areas immediately adjacent to the city, but without City services
has not been addressed.
There should be discussion whether or not to include an urban growth boundary
on the map.
There is no policy for when annexation would (or should) occur.
There is no extension of services policy.
How does the City encourage developments to take place that currently have access to
City services?
When developing areas that do not currently have City services, how does the City
determine the level of services needed and the cost.
Public services and infrastructure should be developed in existing commercial
areas rather than expanding additional commercial areas that do not have public
services readily available.
The issue of where to provide for large scale and big box commercial has not been
addressed.
That the existing neighborhood plans should be reviewed for relevancy and
consistency with the adopted growth policy plan, especially those which are over
five years old. Some may be outdated.
. It appears that some of the housing issues are muddled and should be clarified.
Parks and recreation have been generally eliminated.
A provision in the plan that requires (new) zoning to comply with the adopted
growth policy plan which currently it does not.
Kalispell City County Growth Policy Plan Memo
September 22, 2000
Page 3
The 1999 draft eliminates nearly all references to natural resources, location of
future developments and preservation of community values.
The sections dealing with open space, watersheds, wildlife habitat and other
elements of the natural environment have been generally eliminated.
Developing a policy regarding when productive agricultural land should be
converted to a higher intensity residential or commercial uses.
That the plan complies with the requirements of the growth policy statutes (see
attached) .
That the 1999 draft plan and map be used as a beginning point for revisions.
That the proposed map should be reviewed section by section and consideration
given to reconciling the 1998 and 1999 map land use designations such as urban /
suburban residential, commercial and the concept of "priority growth centers" and
"urban expansion areas."
Additional mapping of the fire districts, school districts and existing land uses
could be done which are missing from the resource and analysis document.
Baseline data, which includes an inventory of land uses, should be established in
order to monitor and gauge the amount and type of growth within the planning
jurisdiction.
Narration in the overall format of the document would make it easier to read and to
understand as well has to provide a better overall understanding the community.
The plan lacks a pedestrian and bicycle component of the transportation section
which has been prepared in a draft form, but has not been reviewed or integrated
into the plan.
RECOMMENDATION: Identify those items that do not require time to research and
prepare information from those items that are simply policy statements that should be
included in the plan in the appropriate place. It would also be useful to prioritize
some of the work items and to decide how each of the issues would be addressed, i.e.
does the council want to hold work sessions on the various topics or have the staff
prepare some alternatives and recommendations.
EFFECTS: Hopefully, there will be positive effects for the planning
jurisdiction as result of implementation of the plan.
ALTERNATIVES: As suggested by the city council.
Kalispell City County Growth Policy Plan Memo
September 22, 2000
Page 4
S ' " --
/,
Ndrda A. Wilson
Senior Planner
Report compiled: September 22, 2000
H\... \KCCMP\UPDATE\2000\ISSUES3.DOC
Chris A. Kukulski
City Manager
Part Cross -References Publication of legal notices, 7-5-2411; Title
Compliance with plan required for anne=- 18, ch. 7. part 2•
tion, 7-2-4734; 3). Compliance required by cemeter-v associa.
tions, 35-20-201.
76-1-601. Growth policy — contents. (1) The planning board shall
prepare and propose a growth policy for the entire jurisdictional area. The plan
may propose ordinances or resolutions for possible adoption by the appropriate
governing body.
(2) A growth policy must include:
(a) community goals and objectives;
(b) maps and text describing an inventory of the existing characteristics
and features of the jurisdictional area, including:
(i) land uses;
(ii) population;
(iii) housing needs;
(iv) economic conditions;
M local services;
(vi) public facilities;
(vii) natural resources; and
(viii) other characteristics and features proposed by the planning board and
adopted by the governing bodies;
(c) projected trends for the life of the growth policy for each of the following
elements:
(i) land use;
(ii) population;
(iii) housing needs;
(iv) economic conditions;
(v) local services;
(vi) natural resources; and
(vii) other elements proposed by the planning board and adopted by the
governing bodies;
(d) a description of policies, regulations, and other measures to be
implemented in order to achieve the goals and objectives established pursuant
to subsection (2)(a);
(e) a strategy for development, maintenance, and replacement of public
infrastructure, including drinking water systems, wastewater treatment
facilities, sewer systems, solid waste facilities, fire protection facilities, roads,
and bridges:
M an implementation strategy that includes:
(i) a timetable for implementing the growth policy;
(ii) a list of conditions that will lead to a revision of the growth policy; and
(iii) a timetable for revieAing the growth policy at least once every 5 years
and revising the policy if necessary;
(g) a statement of how the governing bodies will coordinate and cooperate
with other jurisdictions that explains:
W if a governing body is a city or town, how the governing body will
coordinate and cooperate with the county in which the city or town is located
on matters related to the growth policy,
(ii) if a governing body is a county, how the governing body will coordinate
and cooperate with cities and towns located within the county's boundaries on
matters related to the growth policy;
(h) a statement explaining how the governing bodies will:
(i) define the criteria in 76-3-608(3)(a); and
(ii) evaluate and make decisions regarding proposed subdivisions with
respect to the criteria in 76-3-608(3)(a); and
W a statement explaining how public hearings regarding proposed
subdivisions will be conducted.
0
(a) include one or more neighborhood plans. A neighborhood plan must be
consistent with the growth policy.
(b) establish minimum criteria
defining the jurisdictional area for a
neighborhood plan;
(c) address the criteria in 76-3-608(3)(a);
(d) evaluate the effect of subdivision on the criteria in 76-3-608(3)(a);
(e) describe zoning regulations that will be implemented to address the
criteria in 76-3-608- 03)(a); and
(f) identify geographic areas where the governing body intends to
authorize an exemption from reNlew of the criteria in 76-3-608(3)(a) for
proposed subdivisions pursuant to 76-3-608.
1 (4) The planning board may propose and the governing bodies may adopt
additional elements of a groxvtfi policy in order to fulfill the purpose of this
chapter.
History- Ap. p. See. 31, Ch. 246. L. 1957; amd. See. 12, Ch. 247, T_ 1963; amd. Sec. 1,
Ch. 156. L 1973; See. 11-3831, FLC.M. 1947; Ap. p. See. 3, Ch. 246, L. 1957: amd. See. 2.
Ch. 247. L. 1963; amd. See. 1. Ch. 349, L. 1973; See. 11-3803, P-C-M. 1947; P-C-M. 1947,
11-3803(part), 11.3831: amd. Sec. 8, Ch. 582,
L- 1999.
Compiler's Comments
& local mass transit, including motor
1999,Lrnendment: Chapter 582 in. rst Sen-
and trollev, bus; street, elevated, or under-
tence in il) substituted -growth policy" for
ground railways; and taxicabs-,
"master plan"; substituted language in (2)
'1, parks and recreation, including parks,
through 14� outlining required consents of
plavunds, reservations, forests, wildlife ref -
growth policy for former language :hat read:
uges, and other public grounds, spaces, and
"t 1, careful and comprehensive sur:eys and
facilities of a recreational nature;
studies of existing conditions and -he probable
im) public buildings and institutions, in -
future growth of the city and its ens --roes or of
eluding governmental administration and serv-
the county-,
ice buildings, hospitals, infirmaries, clinics,
(2) maps, plats, charts, and descriptive
penal and correctional institutions, and other
material presenting basic information. loca-
civic and social service buildings;
tions. extent, and characterof anvof:*-e follow-
fn,* education, including location and ex-
ing:
tent of schools, colleges. and universities;
(ahistory, population, and physical site
(oi land utilization, including areas for
conditions.
manufacturing and industrial uses, concentra-
(bl land use, including the he;=-, area.
tion of wholesale business, retail business, and
bulk, location, and use of private and public
other commercial uses, residential uses, and
structures and premises-.
areas for mixed uses.
ici population densities-,
(pi conservation of water, soil, agricul-
(d) community centers and nei__.*_-orhood
rural, and mineral resources;
units:
(q) any other factors which are a part of
fei blighted and slum areas:
the physical, economic, or social situation
,f: streets and highways. inz*uding
within the city or county;
bnidzeS, viaducts, subways. parknvay-s. alleys,
(3; reports, maps, charts, -and recommen-
and other public ways and places;
dations seEringfor-th plans for the development,
tg� sewers, sanitation, and drainage, in-
redevelopment, improvement, extension, and
cluding handling, treatment, and disposal of
revision of the subjects and physical situations
excess drainage waters, sewage, garage, re-
of the city or county set out in subsection (2) so
fuse. and other wastes;
as to substantially accomplish the object of this
ih) flood control and prevention:
chapter as set out in 76-1-101 and 76-1-102;
(i) public and private utilities, including
(4'; a long-range development program of
water, light, heat, communication, a7.--; other
public works projects, based on the recom-
services:
mended plans of the planning board, for the
(j) transportation, including ra—H, bus,
purpose of eliminating unplanned, unsightly,
truck. air, and water transport and the-termi-
untimelv, and extravagant projects and with a
nal facilities;
view to stabilizing industry and employment
and the keeping of such program up-to-date for
'I separate taxing units within the city or
county, respectively, for the purpose of assur.
mg efficient and economic use of public funds;
(5) recommendations setting fon h the de-
ve]01)raent, improvement, and extension of ar-
eas, if any, to be set aside for use as trailer
courts and sites for mobile homes"; and made
minor changes in style. Amendment effective
October 1, 1999.
APPIicabililv.- Section 36 Ch. 582, L. 1999,
provided that the requirements for a growth
policy in 76-1-601 apply to the adoption of zon.
ing regulations pursuant to Title 76, chapter 2,
part 2 or 3, after October 1, 2001.
RM
76-1-602. Public hearing on proposed growth policy. (1) Prior to the
submission of the proposed growth policy to the governing bodies, the board
shall give notice and hold a public hearing on the growth policy.
(2) At least 10 days prior to the date set for hearing, the board shall publish
in a newspaper of general circulation in the jurisdictional area a notice of the
time and place of the hearing.
History. En. Sec. 33, Ch. 246. L. 1957; amd. Sec. 13, Ch. 247, J_ 1963; P-C.-NL 1947,
11-3833; amd. See. 9, Ch. M9, T_ 1999.
Compiler's Comments ter plan pursuant to Title 76, chapter 1, before
1999 Aniendinenv Chapter 582 in two October 1, 1999. may adopt zoning regulations
places in (1) substituted -growth policy " for that are consistent with the master plan pursu-
.master plan" or "plan". Amendment efTecrive ant to Title 76. chapter 2, part 2 or 3, until
October 1, 1999. October 1, 2001."
Transition: Section 36. Ch- 582. L. 1999,
provided: "A governing body that adopts arnas-
76-1-603. Adoption of growth policy by planning bo - ard. After con-
sideration of the recommendations and suggestions elicited at the public
hearing, the planning board shall by resolution recommend the proposed
growth policy and any proposed ordinances and resolutions for its implemen-
tation to the governing bodies of the governmental units represented on the
board. -
History: En. Sec. 34, Ch. 246, L. 1957; amd. Sec. 14, Ch. 247, 1- 190; PLC.M. 1947,
11-3834; amd. See. 10, Ch. 582, 1- 1999.
Compiler's Comments ter plan pursuant to Title 76, chapter 1. before
1999 Amendment. Chanter 582 after -pro- October 1, 1999, -nay adopt zoning, regulations
posed" substituted "growth policy" for "masier that are consistent with the master plan pursu-
plan". Amendment effective October 1. 1999. ant to Title 76, chapter 2, part 2 or 3, until
Transition: Section 36, Ch. 582, L. 1a99, October 1, 2001."
provided: "A governing body that adopts a mas-
76-1-604. Adoption, revision, or rejection of growth policy. (1) The
governing bodies shall adopt a resolution of intention to adopt, revise, or reject
the proposed growth policy or any of its parts.
(2) If the governing bodies adopt a resolution of intention to adopt the
proposed growth policy or any of its parts, they may, in their discretion. submit
to the qualified electors of the jurisdictional area covered by the proposed
growth policy at the next primary or general election or at a special election
the referendum question of whether or not the growth policy should be adopted.
A special election must be held in conjunction with a regular or primary
election. Except as provided in this section, the provisions of Title 7, chapter 5,
part 1, apply to the referendum election.
(3) The governing bodies may adopt, revise, or repeal a growth policy
under this section.
(4) The qualified electors of the jurisdictional area included within the
growth policy may by initiative or referendum, as provided in 7-5-13 1 through
7-5-137, adopt, revise, or repeal a growth policy under this section.
History: En. See. 40, Chu 246. 1- 1957: amd. Sec. 15, Ch. 247, L 1963: R.C..M. 1947.
11-3840(part); amd. See. 1, Ch. 541, L. 1981; amd. See. 68, Ch. 387, 1- 1995; amd. See. i i,
Ch. 582, L_ 1999.
Compiler's Comments Transition: Section 36, Ch. 582. L. 1999,
1999 Amendment: Chapter .582 through- provided: "A governing body that adopts a mas-
out section substituted "growth policy" for ter plan pursuant to Title 76, chapter 1. before
-master plan" or -plan"; and mace minor October 1, 1999, may adopt zoning regulatiors
changes in style. Amendment effective October that are consistent with the master p:an pursu-
1,1999. ant to Title 76, chapter 21 part 2 or 3. until
October 1, 2001."
M,
76-1-605. Use of adopted growth policy. After adoption of the growth
policy, the city council, board of county commissioners, or other governing body
within the territorial jurisdiction of the board must be guided by and give
consideration to the general policy and pattern of development set out in the
growth policy in the:
(1) authorization, construction, alteration, or abandonment of public
ways, public places, public structures, or public utilities;
(2) authorization, acceptance, or construction of water mains, sewers,
connections, facilities, or utilities;
(3) adoption of subdivision controls: and
(4) adoption of zoning ordinances or resolutions.
History: En. Sec. 40. Ch. 246. L. 1957; amd. Sec. 15, Ch. 247,1- 1963: R.C.M. 1947,
11-3W(part): amd. See. 12, Ch. 582. L. 1999.
Compiler's Comments Transition: Section 36, Ch. 582, L. 1999,
1999 Amendment Chapter 562 in two pro%rided: "A governingbody that adopts a ma -
places in introduction substituted "growth pol- ter plan pursuant to Title 76, chapter 1, before
icy" for "master plan"; and made minor October 1, 1999, may adopt zoning regulations
changes in Style. Amendment effective October that are consistent with the master plan pum-
1,1999. ant to Title 76, chapter 2, part 2 or 3, until
October 1, 2001."
76-1-606. Effect of growth policy on subdivisions and plats. (1)
IiIen a growth policy has been approved, the city council may by ordinance or
the board of county commissioners may by
y resolution require subdivision plats
to conform. to the provisions of the growth policy. Certified copies of the
ordinance must be filed with the city or town clerk and with the county clerk
and recorder of the county.
(2) When the city council has adopted an ordinance pursuant to subsection
(1), a plat involving lands within the corporate limits of the city and covered by
the growth policy may not be filed without first presenting it to the planning
board. which shall make a report to the city council advising as to compliance
or noncompliance of the plat v.ith the growth policy. The city council has the
final authority to approve the filing of a plat within the city limits.
(3) Whenthe board of county commissioners has adopted a resolution
pursuant to subsection (1), a plat involving lands outside the corporate limits
of the cin- and covered by a growth policy may not be filed without first
presenting it to the planning board, which shall make a report to the board of
county commissioners advising as to compliance or noncompliance of the plat
Kith the growth policy. The board of county commissioners has the final
authority to approve the filing of the plat.
(4) The planning board may delegate to its staff its responsibility to report
to the city council or the board of county commissioners under subsection (2)
or (3).
(5) This section may not be interpreted to limit the present powers of city
or county governments.
(6) the requirements of this section must be met before any plat may be
filed of record or entitled to be recorded.
History: En. See. 42, Ch. 246, L_ 1957; amd. See. 4, Ch. 271, L 1959; amd. See. 16,
Ch. 247.1- 1963; amd. See. 9, Ch. 273, L. 1971; PLC_14. 1947,11-3842; amd. Sec. 13, Ch.
582, 1- 1999.
Compiler's Comments Transition: Section 36, Ch. 582. L. 1999,
1999.4mendment: Chapter 582 through- , provided: `A governingbody that adopts a mas.
out section substituted "growth policy" for ter plan pursuant to Title 76, chapter 1, before
.master plan; inserted (4) allowing planning October 1, 1999, may adopt zoning regulations
board to delegate reporting responsibility to that are consstent With the master plan pursti-
stair; and made minor changes in style. Amend- ant to Title 76, chapter 2, part 2 or 3, until
ment effective October 1, 1999. October 1, 2001."
I
Flathead Regional Development Offic,,ir-,
Room 414
Kalispell,990;
Phone: (406) 758-5980
Fax: (406) 758-5781
PORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
SUBJECT Kalispell Growth Policy Issues
MEETING DATE: September 25, 2000 Work Session
BACKGROUND: At a work session on August 28, 2000, the Kalispell City Council
reviewed the how issues related to the growth policy plan ranked based upon the
cumulative score each issue received from the council. At that meeting the council
agreed to take the issues that scored 50 or higher and directed the staff to group the
issues above 50 into related categories. The issues were grouped into five basic
categories: Capital Improvements, Intergovernmental Cooperation, Development on
the Fringe Areas of the City, Development and Land Use Issues, Updating the Plan
Document.
® A strategy for the development, maintenance and replacement of public
infrastructure should be developed.
® The missing aspects of replacement of public infrastructure are quite striking with
an entire section having been eliminated.
® A more thorough treatment of how capital improvements will be addressed in the
city and the county should be provided.
• There is no capital improvement program.
• A memorandum of understanding between the governing bodies could be
considered as a tool for intergovernmental cooperation.
• That the city and county consider the adoption of extra -territorial zoning to provide
greater consistency in development standards and to streamline the annexation
process.
Development on the Fringe Areas of the City
• Development in areas immediately adjacent to the city, but without City services
has not been addressed.
• There should be discussion whether or not to include an urban growth boundary
on the map.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Kalispell City County Growth Policy Plan Memo
September 22, 2000
Page 2
® There is no policy for when annexation would (or should) occur.
® There is no extension of services policy.
® Public services and infrastructure should be developed in existing commercial
areas rather than expanding additional commercial areas that do not have public
services readily available.
® The issue of where to provide for large scale and big box commercial has not been
addressed.
® That the existing neighborhood plans should be reviewed for relevancy and
consistency with the adopted growth policy plan, especially those which are over
five years old. Some may be outdated.
® It appears that some of the housing issues are muddled and should be clarified.
® Parks and recreation have been generally eliminated.
® A provision in the plan that requires (new) zoning to comply with the adopted
growth policy plan which currently it does not.
® The 1999 draft eliminates nearly all references to natural resources, location of
future developments and preservation of community values.
® The sections dealing with open space, watersheds, wildlife habitat and other
elements of the natural environment have been generally eliminated.
® Developing a policy regarding when productive agricultural land should be
converted to a higher intensity residential or commercial uses.
Updating the Plan Document
® That the plan comply with the requirements of the growth policy statutes (see
attached) .
® That the 1999 draft plan and map be used as a beginning point for revisions.
® That the proposed map should be reviewed section by section and consideration
given to reconciling the 1998 and 1999 map land use designations such as urban /
suburban residential, commercial and the concept of "priority growth centers" and
"urban expansion areas."
Kalispell City County Growth Policy Plan Memo
September 22, 2000
Page 3
Additional mapping of the fire districts, school districts and existing land uses
could be done which are missing from the resource and analysis document.
® Baseline data which includes an inventory of land uses should be established in
order to monitor and gauge the amount and type of growth within the planning
jurisdiction.
® Narration in the overall format of the document would make it easier to read and to
understand as well has to provide a better overall understanding the community.
® The plan lacks a pedestrian and bicycle component of the transportation section
which has been prepared in a draft form, but has not been reviewed or integrated
into the plan.
RECOMMENDATION: Identify those items that do not require time to research and
prepare information from those items that are simply policy statements that should be
included in the plan in the appropriate place. It would also be useful to prioritize
some of the work items and to decide how each of the issues would be addressed, i.e.
does the council want to hold work sessions on the various topics or have the staff
prepare some alternatives and recommendations.
EFFECTS: Hopefully, there will be positive effects for the planning
jurisdiction as result of implementation of the plan.
ALTE AT As suggested by the city council.
a�
Narda A. Wilson
Senior Planner
Report compiled: September 22, 2000
H\... \KCCMP\UPDATE\2000\ISSUES3.DOC
Chris A. Kukulski
City Manager