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H7. Reso 5818 - Growth PolicyPLANNING FOR THE FUTURE REPORT TO: FROM: MONT"A Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Resolution 5818, KGPA-14-01 — DRAFT Growth Policy — Plan It 2035 resolution of intention to adopt, revise, or reject the proposed updated growth policy and call for a public hearing MEETING DATE: June 5, 2017 BACKGROUND: The updated DRAFT Growth Policy — Plan It 2035 addresses a number of key topics that affect the future growth and development of the City of Kalispell. Each chapter presents a brief introduction of a particular topic, lists a number of issues surrounding the topic, establishes goals and priorities, lays out the policies that will guide the city, and finishes with a number of recommended actions. The proposed Growth Policy update would guide growth within the city over the next 20 years. Section 76-1-604, M.C.A. requires that the council adopt a resolution of intention to adopt, adopt with revisions or reject the proposed DRAFT Growth Policy — Plan It 2035 update and call for a public hearing. At the subsequent Kalispell City Council meeting on June 19th, the Council will hold the public hearing and take public comment on the proposed update. The Kalispell Planning Board held a duly noticed public hearing April 11, 2017, to consider the Growth Policy — Plan It 2035 update. Staff presented the history of the DRAFT Growth Policy and summarized the changes to the document since they had last reviewed it. Staff recommended that the Planning Board recommend to the Kalispell City Council that the DRAFT Growth Policy — Plan It 2035 update be adopted, replacing the current Growth Policy 2020. There being no public comment, the public hearing was closed and a motion was presented recommending to the Kalispell City Council that the DRAFT Kalispell Growth Policy — Plan It 2035 be adopted, replacing the current Growth Policy 2020. Board discussion concluded that the DRAFT Growth Policy — Plan It 2035 was appropriate, and the motion passed unanimously on roll call vote. Subsequently, the Council held a work session on May 22, 2017 where they discussed the DRAFT Growth Policy update. During the work session staff was directed to bring the DRAFT Growth Policy to public hearing for their consideration. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5818, a resolution setting a public hearing date of June 19 2017. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5818 DRAFT Growth Policy — Plan It 2035 DRAFT Growth Policy — Plan It 2035 (with edits) Growth Policy Maps April 11, 2017, Kalispell Planning Board Minutes c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 5818 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020 BY ADOPTING THE UPDATED GROWTH POLICY — PLAN IT 2035 DOCUMENT FOR THE CITY OF KALISPELL AND CALLING 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, the Kalispell City Council requested that the Growth Policy 2020 document be updated to guide the next 20 years of growth in the City of Kalispell; and WHEREAS, on April 11, 2017, 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-14-01, 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 #KGPA-14-01 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 KALISPELL, AS FOLLOWS: SECTION 1. 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 the updated Growth Policy — Plan It 2035 document for the City of Kalispell, attached hereto as Exhibit "A". SECTION 2. The City Council will hold a public hearing on the proposed growth policy amendment on June 19, 2017, at 7:00 p.m. in the City Hall Council Chambers located at 201 First Avenue East, Kalispell. SECTION 3. At the next regular meeting of July 3, 2017, the City Council will consider Resolutions to Adopt, Revise, or Reject said proposed amendment. SECTION 4. 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 KALISPELL, THIS 5TH DAY OF JUNE, 2017. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" A copy of the Draft Growth Policy Plan -It 2035 can be found at Final Growth Policy DRAFT.pdf or a printed copy may be obtained from the Planning Department. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Kalispell is considering an amendment to the Kalispell Growth Policy 2020 to adopt the updated Growth Policy — Plan It 2035 document for the City of Kalispell. The Kalispell City Planning Board has considered the amendment, held a public hearing on April 11, 2017, adopted report #KGPA-14-01 as the findings of fact and recommended approval of the proposed Growth Policy — Plan It 2035 amendment to the Kalispell City Council. The City Council, on June 5, 2017, passed a Resolution of Intention to Adopt, Revise or Reject a Recommended Amendment to the Kalispell Growth Policy 2020. On June 19, 2017, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the City Council of the City of Kalispell will hold a public hearing regarding the proposed amendment. Council may consider Resolutions to Adopt, Revise, or Reject said amendment at the July 3, 2017 regular meeting. Further information is available on-line at https://www.time.ci.kalispell.mt.us/weblink/O/doc/80439/Pa eg l aWx or contact the City Clerk at (406) 758-7756. Aimee Brunckhorst, CMC City Clerk Publish: June 11, 2017 June 18, 2017 7111,1TES 11oF AEG11LAA MEET111 April 11, 2017 1 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Ronalee Skees, Steve Lorch, Doug Kauffman, Christopher Yerkes, Rory Young & Charles Pesola. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Lorch seconded a motion to approve the minutes of the March 14, 2017 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT Ryan Hunter — 911 3 rd Ave E — moved into his home I year ago. Commented on city ordinance that does not allow for planting shrubs or other vegetation on the boulevards between trees. He feels the ordinance should be amendable, as a permit is required from Parks and Recreation, which would allow for review of the proposed materials. He feels the change would be a positive because vegetation absorbs pollution, cleans the air, acts as a noise barrier and creates landscaping diversity. KALISPELL MEETING A request from Kalispell Meeting Halls, INC for a text amendment to HALLS, INC the Kalispell Zoning Ordinance to allow "private" schools within the commercial zoning districts (B-1, B-2, B-3, B-4 and B-5), provided a conditional use permit is obtained. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KZTA- 17-01 for the board. Nygren explained that currently "public" schools are provided for within the commercial zoning districts, but "private" schools are not. This amendment would allow for "private" schools in the specified commercial zoning districts. Staff recommends that the Kalispell City Planning, Board adopt the t, findings in staff report KZTA-17-01 and recommend to the Kalispell 4:1 City Council that the proposed text amendment be adopted as provided herein. BOARD DISCUSSION Graham inquired as to why this was not already a part of the ordinance. Sorenson responded that the last major update to the zoning ordinance was in 2009/2010 and the distinction was made that since the public schools claim agency exemption under state law they were permitted in all zones. Although exempt, they would still be required to go through architectural and site review committees. Private schools do not claim agency exemption so they were not included in all the zones at that time. However, since the uses seem to be similar in impact, staff feels that they should be provided for within the commercial zones, as public schools are. Lorch inquired about required setbacks for casinos in regards to public Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page I I and private schools. Sorenson advised there is no distinction between public and private. Nygren added that as a city we have taken a stance that in the downtown area in the B3 and B4 zones that the setback would not apply to liquor licenses/accessory casinos. Therefore, in B1, B2 and B5 the casinos would need to follow the setbacks required by the ordinance. Lorch asked then if that is inherent with the regulations as proposed or is that something that would have to be changed to avoid that if it is an unintended consequence. Jentz advised that casinos (full standing) shall be a minimum of 600 feet from churches, schools, parks and city residential zones. Accessory casinos may be within 600 feet. Nygren added that this is not a limitation on a school going in near a casino; it is a limitation on a casino going in near a school, so it would not have any impact on a public or private school looking for a place to locate. Where it would have potential impacts is on a full casino looking to locate within 600' of a school. PUBLIC HEARING None. MOTION Yerkes moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report KZTA-17-01 and recommend to the Kalispell City Council that the proposed text amendment be adopted as provided herein. BOARD DISCUSSION Graham asked Lorch if he is still concerned with the 600ft setback and an unintended consequence. Lorch responded his concern is that bringing schools into downtown may prevent restaurant/casinos that serve alcohol from locating downtown. Jentz reminded Lorch that the ordinance applies to full casinos not accessory casinos. ROLL CALL The motion passed unanimously on a roll call vote. NORTHWEST AUTOMOTIVE A request from Northwest Automotive for a conditional use permit for an auto repair business within the B-4 Zoning District. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KCU-17-01 for the board. Nygren noted there is a potential new driveway access that may facilitate after hour customer drop off, as well as parking with a gate on the south end of the building, which would allow for off street customer parking in a gated, secure location. The staff recommends that the planning board adopt staff report #KCU-17- 01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Kauffman moved and Pesola seconded a motion that the Kalispell City Planning Board and Zoning Commission a staff report #KCU-17-01 as Kalispell City Planning Board Minutes of the meeting of January 10. 2017 Page12 findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. CASA MEXICO A request from LV Enterprises, INC. for a conditional use permit for an accessory casino within the B-2 Zoning District. STAFF REPORT Jarod Nygren, representing the Kalispell Planning, Department reviewed Staff report #KCU- 17-02 for the board. The staff recommends that the planning board adopt staff report #KCU- 17- 02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING Eric Mulcahy — Sands Surveying — 2 Village Loop — representative for the applicant, advised he and the applicant are happy to answering any questions the board may have. MOTION Larch moved and Yerkes seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-17-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Young inquired about any approvals that may be needed from Public Works. Nygren advised that if the conditional use permit were approved, the next step would be applying for a building permit, at which time the Site Review Committee would review the project and requires all departments' approvals, ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBERS SEATED Kauffman and Lorch recused themselves from the discussion and vote on item #4 Treeline Center due to a conflict of interest. TREELINE CENTER A request from AMI Development and DNRC for a for a major subdivision of a 6.8 acre tract of land located within DNRC Section 36 into 7 commercial lots ranging from approximately .35 acres to 2.3 acres in size. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KPP-17-01 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-17-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 13 Treeline Center be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Graham inquired about driveway approaches and whether there were any currently available to the site. Nygren explained that currently there are no driveway cuts, however, Nygren showed on the site plan where the driveway cuts would be located for access into the proposed subdivision. Nygren also briefly discussed the water and sewer extensions into the site. PUBLIC HEARING None. MOTION Yerkes moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP- 17-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Treeline Center be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Kauffman and Lorch returned to their seats. STILLWATER BEND — Spartan Holdings, LLC is requesting permission to annex an ANNEXATION, PUD AND approximately 56-acre property into the city and a growth policy map GROWTH POLICY amendment from Suburban Residential to Urban Mixed Use. Upon AMENDMENT annexation, the applicant is requesting the B-2 and RA-2 Zones with a Planned Unit Development (PUD) Placeholder Overlay. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff reports #KGPA-17-01, #KA-17-01 and #KPUD-17-01 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-17-01 and recommend that the growth policy land use designation for the entire 56-acre site be "Urban Mixed Use" on the Kalispell Growth Policy Future Land Use Map. Nygren also noted that a motion of approval needed to authorize the planning board president to sign Resolution KGPA-17-01, a resolution amending the Kalispell Growth Policy Map. Nygren clarified that this was a state requirement for growth policy amendments. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-17-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 (General Business) on 19 acres and RA-2 (Residential Apartment/Office) on 36.9 acres. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-17-01 as findings of fact and recommend to the Kalispell City Council that a PUD Placeholder for the Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 14 entire 56-acre site be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham inquired about the 100% buffer of the surrounding land uses and the proposed trail. Nygren responded that the proposed land use designation of Urban Mixed Use would allow the flexibility needed in order to properly integrate with and buffer the adjacent land uses. The trail will happen as development proceeds an initially will serve primarily this development. PUBLIC HEARING BJ Grieve — WGM Group, 151 Business Center Loop — representative for the applicant requested that the language in regards to the PUD placeholder under condition #2 be changed to read that "all new and existing owners shall be required to coordinate on the development of a phased PUD" rather than a Joint PUD. He went on to say that, they feel it will prevent the PUD from becoming disjointed if the property were to later be sold off to different owners. Nygren advised the board that staff has no objections with the proposed change to the condition. MOTION (KGPA-17-01) Young moved and Pesola seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-17-01 and recommend to the Kalispell City Council that the growth policy land use designation for the entire 56-acre site be "Urban Mixed Use" on the Kalispell Growth Policy Future Land Use Map and authorize the planning board president to sign Resolution KGPA-17-01, a resolution amending the Kalispell Growth Policy Map. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION (KA-17-01) Skees moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-17-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 (General Business) on 19 acres and RA-2 (Residential Apartment/Office) on 36.9 acres. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION (KPUD-17-01) Lorch moved and Pesola seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD- 17-01 as findings of fact and recommend to the Kalispell City Council that a PUD Placeholder for the entire 56-acre site be approved subject to the three conditions listed in the staff report, including the amended condition #2 as requested by the applicant. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 15 GROWTH POLICY UPDATE Kalispell Growth Policy Update — PLAN -IT 2035. The Kalispell City Council Growth Policy sub -committee has spent the past year reviewing and updating the text of the Kalispell Growth Policy. The updated draft addresses a number of key topics that affect the future growth and development of the City of Kalispell. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KGPA-14-01 for the board. Nygren went over the timeline from when the Growth Policy was first adopted in 2003. It is a document that is adopted as a vision for future growth in and around the city for the next 15+ years. In 2012, the city planning staff began a process of updating the Kalispell Growth Policy. The staff attended more than 40 community meetings w/ community groups, local agencies and service providers within the City of Kalispell. During this time, the staff was drafting the 2030 Growth Policy update. Beginning fall 2013 through summer 2014 the planning board conducted a series of 12 meetings where the board individually went through the document page by page updating the issues, goals and policies and recommendations contained in the draft Growth Policy Update 2030. Following those 12 meetings, the planning board recommended approval of the draft on August 12, 2014 sending the recommendation of approval for the draft on to City Council. At which time the City Council held two work sessions on the draft in the fall of 2014. Following the work sessions, the draft was placed on hold until November 2015 when the City Council held another work session on the draft and established a growth policy sub -committee. That sub -committee, over the entire course of 2016, met a total of 8 more times going through the draft page by page. These meetings were open to the public as well. Overall, the focus was to make the draft more concise and more user friendly. The only new content that was added to the growth policy was a healthcare chapter. Staff recommends that the Kalispell City Planning Board recommend to the Kalispell City Council that the draft Kalispell Growth Policy Update Plan it 2035 be adopted to replace the current Kalispell Growth Policy 2020 and authorize the planning board president to sign Resolution KGPA-14-01, a resolution replacing the current Growth Policy 2020 with Growth Policy 2035. BOARD DISCUSSION Lorch noted that in the Business and Industry section of the Growth Policy there is a statement regarding DNRC Trust Lands that says "the development of the DNRC section 36 land is difficult for small business due to lack of infrastructure improvements despite high demand" and he understands the sentiment but believes it is stated in a way that sounds a bit negative in regards to trust lands. He asked for some context for from staff. Nygren responded it was put in place because that area of trust lands has been in high demand in regards to healthcare development and due to the lack of infrastructure, they have turned away from it. The sub- committee felt it was necessary to be included as it is important to have a satellite area for healthcare development. Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 16 PUBLIC HEARING None. MOTION Pesola moved and Yerkes seconded a motion that the Kalispell City Planning Board and Zoning Commission recommend to the Kalispell City Council the draft Kalispell Growth Policy Update Plan it 2035 be adopted replacing the current Kalispell Growth Policy 2020 and authorize the board president to sign resolution KGPA-14-01, a resolution replacing the current Growth Policy 2020. BOARD DISCUSSION Lorch noted that the new DRAFT was easier to read and the changes made to the document were good. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Jentz mentioned that the Is' reading of the B-3 Core Area Rezone Phase 3 passed and will go to a 2 d reading at City Council on 4/17/2017. NEW BUSINESS Nygren mentioned the agenda items scheduled for the May 9`h Planning Board meeting. ADJOURNMENT The meeting was adjourned at approximately 7:25 p.m. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, May 9, 2017 at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1 s'Avenue East. /s/ Chad Graham Chad Graham President APPROVED as sub rnitted/amen ded: 5/9/2017 /s/ Kari Hernandez Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 17