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5. Resolution 5320 - Resolution of Intent & Call for PH - Growth Policy Amendment - Hwy 93 South/Siderius CommonsPlanning Department 201 1" Avenue East Kifispell, MT 5"01 Phone. (406) 758-7940 Fax: (406) 755-7739 www.kaNspefl.com/plannine REPORT TO: Kalispell Mayor- and City Council FROM. Seen Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Notice of Intent to adapt, amend or deny a Growth Pblicy Amendment for the Highway 93 South Growth Policy Amendment/ Side rius Commons project and scheduling of said public hearing li '1'"ING DATE: November 3, 2008 BACKGROUI D: The Highway 93 South Growth Policy Amendment is a section contained in the Kalispell Growth Polk, 2020. The Highway 93 South area is loosely defined as the lands south of Cemetery Road, east of Airport road, west of Dernersville Road and north of Rocky Cliff Drive with U.S. 93 bisecting the area north to south. The review and update of this charter in the growth policy is based on two factors. First, the planning department has received a growth policy amendment request from the Siderius Family Limited Partnership to .amend the Kalispell Growth Policy Future Land Use map for a 207 acre site currently designated for commercial, industrial, and suburban residential land uses. The project is called Sidetius Commons. The owners are requesting to amend the growth policy map so as to eliminate the industrial and suburban residential designations, expand commercial uses along the east half of the site and incorporate higher density residential uses on the west half of the property. Secondly, the planning boardd directed planning staff to not only review the requested amendment but to review and evaluate the amendment as it relates to the general Highway 93 South area.. The planning board Meld a public hearing on the growth policy amendment on September 9th. The information from that meeting including minutes, staff report and application materials were sent to you for your October 20th work session. At the hearing two people spoke in favor of the proposed amendment. Two othtx rs spoke of their concerns regarding increased housing density, increases in crime, the need for more affordable housing and impacts to city infrastructure. After closing the public hearing the planning board discussed, the proposal and recommended unarnimmiRly that the cmincil consider the new issues, goals and policies within the Highway 93 South Growth Policy Amendment area as presented by staff. The new issues, goals and policies reflect development requests from landowners and take into consideration changes within the overall development of the city and existing and proposed public facilities in the area. These public facilities include the past widening of Highway 93 to a 4-lane, the proposed Highway 93 Bypass, future Kalispell City Airport Expansion, KalispeWs 40-acre Biological Treatment Facility on Cemetery Road, and the recent extension of municipal water and sewer dawn. Highway 93. To coincide with the revised issues, goals and policies the planning board recommended renaming this area as aHighwway 93 South Corridor Growth Policy Amendment". The planning board is also recommending the city council consider a revised boundary area, to generally include land in the area described below; From Highway 93 west on Cemetery Road to Ashley Creep and following Ashley Creek south to the point where Ashley Creek is in the vicinity of Rocky Clip` Drive. At this point the boundary continues east on Rocky Cliff Drive to Highway 93 with the boundary line continuing east of Highway 93 along the southern boundary of Old School Station subdivision to a point just east of the subdivision to the 100-year floodplain line of the Flathead River. From the floodplain line the boundary continues north along the floodplain until the floodplain intersects with Demersville Road. The boundary then continues north along Demersville Road until its intersection with Lower Valley Road. The boundary then continues wrest on Lower Valley load to its intersection with Highway 93. This area includes portions of sections 28, 29, 32, and 33 of Township 28 North, Range 21 Nest. *Mate law requires the city council to pass a Resolution of Intent to Adopt, Reprise or Reject a Growth Policy Amendment prior to actually taking. action can the proposed amendment, In addition, it has been the policy of the city to hold, a public hearing on any Growth Policy Amendment. Therefore, in order to take action on the requested Growth Policy Amendment, the city council will need to approve the resolution of Intent at the November 3rd meeting, This would then set the stage for the public hearing at the November 17Lh council meeting and passible action by the council at its December I meeting. REC['l>l3d MA">G"1;ON: Approval of the Resolution of Intent to Adopt, Revise or Reject the Growth Policy Amendment request and setting the public hearing to ,act on the amendment for November 171h would be in order. A> TFAW T1 As suggested lay the city counciI. Respectfully submitted, Sean Conrad M art ebb Senior Planner Interiors City Manager Report cornpile d, October 28, 2008 c. Theresa White, Kalispell City Clerk Siderius Family Umited Fwtnership, Josephine R. Siderius lacing Trust, Jo Lynn Yernne, Patricia A. 'Sanders, Raymond E. Siderius, and Linda L. Siderius, 6010 Highway 35, Bigfork, NIT 59911 Jerry Nix, 43 'Sunrise Chive, Kalispell, MT 59901 71a Robbin, P.C. Box 918, Kalispell, MT 59903 RESOLUTION NO. 5320 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT AN AMENDMENT TO THE KAIL.ISPELL GROWTH POLICY 2020 TO AMEND THE DESIGNATION OF PROPERTY LOCATED WITHIN SECTIONS 29 AND 32, "i`OWNSH P 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, AND TO CALL FOR A PUBLIC HEARING, WHEREAS, the Kalispell Growth Policy 2020 was originally adapted by the Kalispell City Council on February 18, 2003 by Resolution No. 4773; and WMREAS, the Siderius Family Limited Partnership formally requested a growth policy amendment on 207 acres within Sections 29 and 32, Township 28 North, Range 21 Vest, Flathead County, more particularly described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 AsWey Business Park. Subdivision, and Parcel A of Certificate of Survey 8369, and WHEREAS, urban scale residential densities continue to expand south of the current Kalispell city limits in and around the subject area for which a growth policy amendment has been requested; and VY]HEREAS, the Kalispell 'planning Board, upon considering the Siderius Family Limited. Partnership request, reviewed the entire 1-iighway 93 South Corridor Growth Policy and determined to redefine the area to be amended to include the land generally south of Cemetery Road, east of Airport Read, west of Demersville Road and north of Rocky Cliff Drive, with US Highway 93 bisecting the area north to south, as ;further described on Exhibit "A", all within the boundaries of the current Kalispell Growth Policy 2020; and WHEREAS, the KalispellGrowth Policy 2020 currently designates this area as 1-111, Light Industrial -Highway; SAG-10. Suburban Agricultural; SAG-5, Suburban Agricultural; AG-84, Agricultural; and I-2, Heavy Industrial, and the petitioners and the Planning Board are proposing an amendment to change a portion of this area, within the area designated its Exhibit "A." to Urban Mixed Use and Urban Residential; and WHEREAS, on September 9, 2008, the Kalispell City Planning Board held a public hearing, after due and proper notice, received public c€ n=ent upon, and reviewed Kalispell Planning Department report # KGPA-08-1, which evaluated the proposal based upon the goals and objectives of the Growth Policy, the purpose of zoning and current circumstances in the planning ju.60, c9on; and WHEREAS, at the conclusive, of said public hearing and after consideration of the proposed amendment, the Kalispell City Planning 'Board, adopted. report #KGPA►-09-1 as the findings of fact and recommended approval of the proposed Growth Policy amendment; and AREAS, 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 T ALISPELL, AS FOLLOWS: SECTION I, That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell intends to consider a proposed amendment to the Kalispell Growth Policy 2020, and the evidence considered by the Kalispell City planning Board, said amendment consisting of amending the designation of Industrial and Suburban Residential to Urban Mixed Use and Urban Residential within that area designated in Exhibit "A", within Sections 29 and 32, Township 29 North, Range 21 West, Flathead County.. SECTION II. At the regular meeting of December 1, 2008, the City Council will consider Resolutions to Adopt, Revise, or Reject said proposed amendment. SECTION III. The City Clerk is authorized and directed to give notice of said meeting in accordance with Section 7-1-4127, .MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF MOVEMBER, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Cleric Exhibit ' fit' Highway 93 South Growth Policy Amendment This amendment to the IKaliw li Growth Policy 2020 adapted February 18, 2003 would be in addition to the existing goals, policies, text and maps. The Highway 93 South Corridor is recognized as a major arterial within the larger Kalispell area and as such its integrity in moving traffic is a primary goal. It is recognized that development will occur along this comdor that will contribute to a local ecconomy in commercial, industrial and residential aspects. The area in the 1- ighway 93 South Growth Policy Amendment includes from Highway 93 west on Cemetery Road to Ashley Creek and fallowing Ashley Creels south to the print where Ashley Creek is in the vicinity of Rocky Miff Drive. At this point the boundarycontinues east on Rocky Cliff give to Highway 93 with the boundary line continuing east of Highway 93 along the southern boundary of Old School Station subdivision to a point just east of tho s ubdivision to the 100 year floodplain line of 'the Flathead River. From the flocdplain line the boundary continues north. along the floodplain until the floodplain intersects with Demersville Load. The boundary then continues north along Dernersville Road until its intersection with Lower Valley Road. The boundary then continues west on Lower Malley Road to its intersection with Highway 93. This area includes portions of sections 28, 29, 32, and 33 of Township 28 North, mange 21 West. Highway 93 South Growth PoliGy Amendment Area with Proposed Facture Land Use � � g 4 ft 4 �3 �v LMGDM �+ iaa +n�rrurp.� - tokmpC VANASTRPL 60XQ �€ 9uA.unp.w AL#if.M�ul M � Fie.6Pe.'414.D4aJW WRC OR C*EC S&hu 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 change the land use designation on approximately 550 acres upon annexation to the City. The area to be included in the amendment includes portions of Sections 28, 29, 32 and 33,. Township 28 North, Mange 21 'West, P.l .M., Flathead County. The Kalispell City planning Board considered the amendment, held a public hearing on September 9, 2008 and presented. Staff Report & CPA-08-1 to the Kalispell City Council to consider amending the Kalispell Growth Policy 2020. The City Council, on November 3, 2008, passed a Resolution of Intention to Adopt, Devise or Reject a Recommended Amendment to the KaliWIl Growth Policy 2020. On November 17, 2008, at 7:00 pm in the City Hall Co` aciI Chambers, 201 First Avenue Fast, Kalispell, the City Council of the City of Kalispell will hold a public hearing. Council may consider Resolutions to Adopt, Revise, or Deject said proposed amendment at the December 1, 2008 regular meeting. Further information is available ors -line at wvww.kalisPell.c ogVmayog-,enda.efin or contact the City Clerk at City Hall, telephone (406) 758-775 . Tii=- sa 'White City Clerk Puhlish. November 5, 2008 November 12, 2008 Proposed Growth Policy Amendment Area Map Ce m eta ry Rd I � Ir I J yk Rocky Cliff Dr ------ KelispelP City Limits Current Growth Policy Area Proposed Growth Policy Amendment Area 100 Year Floodplai n lost a 1320 2&40 miles 0 .25 .5 N FUTURE LAND USE LEGEND + Commercial Industrial Urban Residential Suburban Residentlal PublirJQuasi-Public CITY OF KALISPELL SIDERIUS COMMONS REQUEST FOR GROWTH POLICY AMENDMENT STAFF REPORT #KGPA-08-1 KALISPELL PLANNING DEPARTMENT SEPTEMBER 2, 2008 A report to the Kalispell Planning Board and City Council regarding an effort on the part of the Kalispell Planning Staff to update the Kalispell Growth Policy Map and add appropriate policies to address a growth policy amendment application and future growth and development in the southerly portion of the greater Kalispell community. A public hearing on this proposal has been scheduled before the planning board for September 9, 2008. The planning board will forward a recommendation to the city council for a second subsequent public hearing and final action. BACKGROUND INFORMATION: The Kalispell Growth Policy was adopted on February 18, 2003. The associated Kalispell Growth Policy Future Land Use Map designates the area south of Cemetery Road as primarily industrial land use along Highway 93 with suburban residential to the east and west outside of the industrial corridor. A limited area of commercial land uses is shown at the intersection of Cemetery Road and Highway 93. The review of this area is based on two factors. First, the planning department has received a growth policy amendment request from the Siderius Family Limited Partnership to amend the Kalispell Growth Policy Future Land Use map for a 207 acre site currently designated for commercial, industrial, and suburban residential land uses. The project is called Siderius Commons. The owners are requesting to amend the growth policy map so as to eliminate the industrial and suburban residential designations, expand commercial uses along the east half of the site and incorporate higher density residential uses on the west half of the property. Secondly, the planning board directed planning staff to not only review the requested amendment but to review and evaluate the amendment as it relates to the general Highway 93 South area. Based on this direction the planning department is recommending the planning board and city council redefine the Highway 93 South Growth Policy Amendment chapter of the Kalispell Growth Policy in conjunction with the Siderius growth policy al-nendment. Growth Policy Amendment Boundary The 207 acre project site is located on the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley Meadows Road on the south end. The 207 acre project site can be legally described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North, Range 21 West. The planning board, in conjunction with the request by the Siderius Family Limited Partnership, will be reviewing the entire Highway 93 South Growth Policy Amendment chapter of the Kalispell Growth Policy. The current growth policy map designates the majority of the highway corridor south of Cemetery Road and Lower Valley Road as industrial land uses. The Highway 93 South area is loosely defined as the lands south of Cemetery Road, east of Airport Road, west of Demersville Road and north of Rocky Cliff Drive with U.S. Highway 93 bisecting the area north to south. Proposed Growth Policy Amendment: Two maps are attached for the planning board and city council's consideration. The first map titled Proposed Growth Policy Amendment Area Map shows the existing land use designations for the area and the Siderius Commons project site. This map also visually portrays the redefined Highway 93 South Growth Policy Amendment area. The second map titled Highway 93 South Growth Policy Amendment Area with Proposed Future Land Use portrays planning staffs recommended changes to the land use designations for this area and future road alignments which should be achieved. The map also shows the redefined Highway 93 South Growth Policy Amendment area and outlines the Siderius Commons project site. The Highway 93 South Growth Policy Amendment Area with Proposed Future Land Use shows the primary use along Highway 93 shifting from an industrial land use designation to an urban mixed use designation. Anticipated development within the urban mixed use designation could include commercial, office, limited light industrial, single-family residential and apartment or condominium units. Exhibit A includes the goals and policies drafted by the planning department for the planning board's consideration. These goals and policies should take precedent when discussing development and redevelopment in this area. The core concepts include maintaining Highway 93 as an entrance corridor into the city and supports developing criteria to enhance the highway. This would include limiting access in order to keep traffic moving, designing development along these corridors to limit unnecessary traffic lights, utilizing extra setbacks, landscaping, and limiting signs along the highway. Other goals and policies reflect development next to the future airport expansion and the need for additional services in the area such as a fire station and school. A. Petitioner: Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius 6010 Highway 35 Bigfork, MT 59911 City of Kalispell 201 First Avenue East Kalispell, MT 59901 B. Existing Land Use and Zoning: The 207 acre property is currently in the County zoning jurisdiction and is zoned I-1H, Light Industrial - Highway, which has a one -acre minimum lot size requirement. The I-1 H zoning district is intended for industrial areas which are located along state and federal highways and contains greater levels of performance and mitigation utilizing increased setbacks, landscape buffering, access control and signage restriction for the purpose of protecting the County's major travel ways from unnecessary encroachments, limiting access points to encourage improved traffic flows and to preserve scenic corridors and entrance ways to major communities. Approximately 25 acres in the southwest corner of the 207 acre site is zoned SAG-10, Suburban Agricultural, a zoning district which requires a 10 acre minimum lot size. The SAG-10 district is intended to provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development. The majority of the 207 acre site is undeveloped and has been used for agricultural production. There are some outbuildings on the property with the remaining improvements including fencing along portions of the property boundary. During a site inspection of the site on August 22nd approximately a dozen cattle were observed grazing on the site. The Highway 93 South growth policy amendment area as a whole includes a variety of county zoning districts. In addition to the 1-1 H and SAG-10 the surrounding area is also zoned SAG-5, Suburban Agricultural, 1-2, Heavy Industrial, and AG-80, Agricultural. The lands along the highways include a variety of commercial uses including RV sales, heavy equipment sales and repair, offices, and retail businesses. Further east or west of the highway, beyond the commercial and industrial uses, the tracts of land increase in size and their uses are limited to residential or agricultural production. An industrial park within the city and zoned 1-1, Light Industrial, is located on the proposed south boundary of the Highway 93 South growth policy amendment area. This industrial park, known as Old School Station, is approximately 55 acres in size with 17 lots. To date, only two of the lots have buildings on them. C. Adjacent Land Uses and Zoning: The Highway 93 South growth policy amendment area, including the 20 7 acre Siderius Commons site, is surrounded primarily by single-family residential development. Along the proposed west boundary of the growth policy area are larger lots, 5 acres and larger, either vacant or developed with single family residences. Lots in this area are zoned SAG-5 and SAG-10. On the south boundary development includes large and small single family lots, with commercial and light industrial uses on both the east and west sides of the highway. This area is currently unzoned. East of the growth policy amendment area includes small and large residential and agricultural tracts of land. Zoning districts include R-2, One Family Limited Residential, SAG-5, SAG-10, and AG- 80. A significant portion of this area in the vicinity of Demersville Road is within the 100-year floodplain. A combination of commercial, residential and industrial uses are located along the northern boundary of the growth policy amendment area. Zoning districts on the north end include SAG-10, county R-5, Two -Family Residential, county R-1, Suburban Residential, and city B-2, General Business. D. General Land Use Character: The general land use character of the Highway 93 South growth policy amendment area is commercial and light industrial uses concentrated along Highway 93. Moving both east and west from the highway oriented businesses are larger agricultural or rural residential tracts of land. EVALUATION OF THE GROWTH POLICY AMENDMENT: The Kalispell Growth Policy under chapter 13 - Implementation creates criteria that should be addressed when an application has been submitted to amend the growth policy. A review of each of those criteria is included below: 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 criteria for evaluation will be established as follows: • Changes in circumstances that warrant the amendment; • Compliance with the overall goals and policies of the growth policy and its various elements: • growth management, • land use, • economy, • environmental considerations, • parks and recreation, • transportation, • infrastructure, utilities and public services. The proposed plan amendment will be considered in the context of the current Kalispell Growth Policy 2020 as well as current and future development trends for the area. I. Has there been a change of circumstances under which the proposed plan amendment is being made that warrants its consideration? Background: The growth policy for Kalispell was adopted in February of 2003 which has been a useful tool in providing guidance to the community, developers, decision makers and staff when anticipating growth trends and expansion of the city limits. A majority of the Highway 93 South area is designated for industrial land uses on the Kalispell Growth Policy Future Land Use Map. The industrial land use designation is based on a previous neighborhood plan adopted by both the city and county in 1993. At that time Kalispell had a city -county master plan and associated map that provided guidance for development both within city limits and up to four miles around the city. The Highway 93 South Neighborhood Plan was adopted as an amendment to the Kalispell City -County Master Plan adopted in 1986. The Highway 93 South neighborhood plan was completed in large part to provide a basis for zoning this area just outside of city limits. At that time it was determined that industrial land uses would be the most appropriate for this area. This was based on the following findings included in the Highway 93 South Neighborhood Plan: • Poor soil conditions and intrusion of other land uses do not make this area one to be reserved for farmland. • Public water and sewer are currently not available. • With no public water and sewer, larger parcels will likely be the trend. • No limitation with highway access • Scarcity of lands set aside for light industrial uses elsewhere in the community. • Light industrial uses would provide a transition between the existing heavy industrial zoning to the south and commercial uses to the north. The industrial land use designation was then carried over to the Kalispell Growth Policy adopted in 2003. The one exception was the change of industrial land use to commercial uses at the intersection of Cemetery Road and Highway 93. Recent Amendments: An expansion of the growth policy future land use map to the south was adopted in 2005. The expansion and subsequent amendments were in response to the recent annexation of property located on the northeast corner of Rocky Cliff Drive and Demersville Road known as Old School Station. This subdivision was approved in the county and subsequently annexed into the city. The growth policy amendment was conducted to place an appropriate zoning district on the Old School Station subdivision and surrounding lands should they also request annexation. With this growth policy amendment further industrial land use designations were assigned to Old School Station and land to the south and west. The suburban residential land use designation was placed on remaining properties, developed with homes or vacant, in this area. Current Proposal: The current proposal includes changing the land use designation on a 207 acre property located north of Ashley Creek on the west side of Highway 93. The owners are requesting to amend the growth policy map so as to reduce the amount of specifically Industrial land in this area, expand the commercial land use designation along the east half of the site and place the urban residential land use designation on the west half of the property. As stated previously, the planning board directed planning staff to review the entire Highway 93 South growth policy amendment area in conjunction with the request received by the Siderius Family. Planning staff is recommending that the industrial land use designation be replaced with the urban mixed use designation on lands north of Ashley Creek. Land south of Ashley Creek will remain designated as industrial at this time. On the west side of the highway urban residential is recommended to replace the current industrial and suburban residential land use designations. The urban residential designation is proposed approximately 1/4 mile west of Highway 93 to Ashley Creek. Ashley Meadows road makes up the south boundary and Cemetery Road will make up the north boundary. The exception in this area would be the 40 acre property owned by the city and used as a biosolids site. This is currently designated as an industrial land use but is proposed to be designated as public to represent the current ownership and long term use. The urban mixed use designation is intended to provide for a compatible mix of high intensity uses including office as well as some commercial and light industrial. Residential development including single-family, townhomes and apartment units along with public facilities would also be found in this land use designation. The urban residential land use designation is the primary residential land use pattern encouraged in the growth policy. This designation is encouraged in areas where adequate services and facilities to accommodate residential development are available. Urban residential should be located in areas to provide convenient access to neighborhood business districts, parks and elementary schools. The urban residential land use designation is therefore being recommended on the west side of Highway 93 between the urban mixed use designation and Ashley Creek. This would encourage the development of higher density homes in close proximity to future services and jobs which would be located in the urban mixed use areas to the east. The change in circumstance for the Highway 93 South area that warrants a reconsideration of the land use designation for this area includes the following: • Public water and sewer are currently available along Highway 93. An 18- inch water line and two 12-inch sewer lines can accommodate commercial, office and increased residential densities in this area. • With public water and sewer smaller residential and commercial parcels can now be considered. • I'Lle ur ban milled use designation would still provide for some light industrial uses. South of Ashley Creek is still proposed to remain for industrial uses; however development of larger industries has not typically occurred in the last several decades. Furthermore, there are no rail lines to move materials and goods typically associated with larger industrial developments. II. Does the proposed plan amendment further the overall goals and objectives of the growth policy when considering the specific elements of the plan? 1. Growth Management: Two primary mechanisms for managing growth in the City of Kalispell exist which are to rely on redevelopment and infill within the current City limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Chapter 2, Growth Management, policy 6 of the Kalispell Growth Policy states, "Design and locate development to protect public health and safety; insure adequate provision of services; be compatible with the character of its surroundings and encourage the most appropriate use of land." The proposed growth policy amendment not only redesignates industrial lands to urban mixed use and urban residential land uses but includes a number of goals and policies which comply with the above policy. To protect the public's health and safety polices include limiting residential development close to the airport runway, providing additional setbacks between industrial and residential development, and designing residential development next to highway and industrial development with noise mitigation measures in place. To help insure there are adequate provision of services goals include working with the Somers/Lakeside School District to provide a future school site in the area as well as locating a future fire station in the general area. The existing area is either farmland, land which is currently undeveloped or commercial and small scale industrial development. The proposed growth policy land use amendments would provide for a continued use of commercial, office and limited light industrial uses in and around existing businesses along Highway 93. 2. Land Use: The proposed growth policy amendment would change the land use designation on the 207 acre site and the lands north of Ashley Creek generally within 1/4 mile of Highway 93. These changes include removing the industrial land use designation and replacing with an urban mixed use designation. Areas west of Highway 93 would replace the industrial and suburban residential land use designation with the urban residential designation. The following goals and policies can be found to support the proposed growth policy amendments for the 207 acre site and the greater Highway 93 South area. Chapter 4, Land Use: Business and Industry, Policy 7.c Urban Mixed -Use Areas: C. Expand the depth of urban highway commercial areas as mixed -use corridors, in order to provide an alternative to continued linear commercial development, concentrate more intensive uses along traffic arterials, improve business district circulation and transportation efficiency areas, by secondary street access, provide flexibility for larger development sites, and expand small business opportunities. Chapter 3, Land Use: Housing, Policy 2 Encourage the development of urban residential neighborhoods as the primary residential land use pattern in the growth policy area by allowing urban residential densities in areas designated as suburban residential provided the development is consistent with the character of the area and public services are adequate. 3. Economy: Chapter 6 of the Kalispell Growth Policy, Policy 2, states, "Encourage a land use pattern that supports viable business and industrial districts that integrate a residential component but does not negatively impact or encroach into well established residential neighborhoods." The proposed change from an industrial to an urban mixed use land use designation will support both commercial and industrial businesses as well as offices and residential development. The urban mixed use land use designation is intended to allow for a mix of uses that complies with the above policy. There is an existing residential neighborhood located to the north of the proposed urban mixed use designation, on the north side of Cemetery Road. Potential impacts to this neighborhood would include increased traffic on Cemetery Road. This land is currently undeveloped and is designated as industrial on the current growth policy map. Any development whether mixed use, residential or industrial will create an increase in traffic since there is no traffic being generated from this area presently. These impacts would be addressed at the time a development is proposed on the site. The growth policy amendment includes urban residential land use designation to provide additional urban scale housing in close proximity to the existing and future commercial developments. These additional residences would support future business centers developed in the urban mixed use areas. 4. Environmental Considerations: The 207 acre site requesting a growth policy amendment is fairly level with 20 feet in grade change over the approximately one mile length of the property. Ashley Creek and its associated floodplain and steep banks enter the property at the midpoint of its western boundary. There are also some slightly steeper banks along the eastern portions of the site. The area within the overall Highway 93 South growth policy amendment area has a mix of topography that ranges from gently rolling hills on land used for agricultural purposes, there are very few if any topographical or environmental constraints associated with the area directly adjacent to Hwy 93 South. Ashley Creek runs generally from the northwest to the southwest of this area creating large areas of 100 year floodplain which are considered to be inappropriate for development. The areas including in the 100 year floodplain generally follow the banks of Ashley Creek except two low lying areas. One is in the southwest corner of the growth policy area and the other, more significant area is located between Demersville Road and Highway 93. One of the issues statements included in the growth policy amendment recognizes the limitations with development in this area due Ashley Creek and the 100 year floodplain. To address the floodplain issue policy 8 in the proposed Highway 93 South Growth Policy Amendment states, "Environmentally sensitive areas shall be avoided and protected when possible." There are also goals and policies contained in chapter 7, The Natural Environment, of the Kalispell Growth Policy which requires the protection of water ways and their associated floodplains. Changes in the growth policy land use designations in this area will accommodate future commercial, industrial and residential uses. When specific plans are submitted to the city for review the above policy and goals contained in the Kalispell Growth Policy will be enforced to ensure there is adequate protection of environmentally sensitive areas. S. Community and Recreational Facilities: In May of 2007 the city council adopted a parks and recreation comprehensive master plan. This plan describes a strategy for meeting future park needs. The plan establishes guidelines and standards for park planning and development, identifies the general location of future parks and trails, and recommends improvements to existing facilities among other things. Figure 3.1:Existing Recreation Facilities, in the master plan indicates no city, county or state parks in the general vicinity of the Highway 93 South growth policy amendment area. Figure 7.1:Proposed Recreation Facilities in the master plan indicates the need for two neighborhood parks in the area of this growth policy amendment. The plan shows one park along Ashley Creek in the southeast portion of the growth policy amendment boundary. The master plan recommends another park in the vicinity of the Green Tree Meadows subdivision. Green Tree Meadows is a county subdivision located at the corner of Demersville Road and Lower Valley Road. Figure 7.1 also shows existing and proposed trails in this area. There is an existing trail located on the east side of Highway 93. This trail begins/ends at Ashley Creek and Highway 93 and travels south to Somers. The future plan is to provide a trail north of Ashley Creek along the highway and utilize existing Montana Department of Transportation (MDT) right-of-way associated with the future bypass for a trail along the west side of Kalispell. Issues statements recommended in the growth policy amendment describe the Jack of parks and pedestrian and bicycle facilities in this area. The foilo'T'riing recommended goals and policies are contained in the growth policy amendment to address this issue: Goals: PROVIDE FOR THE ONGOING ACQUISTION, CONSTRUCTION AND MAINTENANCE OF PARKS, BIKE AND PEDESTRIAN TRAILS AND OTHER RECREATIONAL FACILTIES. PEDESTRIAN AND BIKE TRAILS SHOULD BE INCORPORATED INTO NEIGHBORHOOD AND CONNECT WITH OR PROVIDE FOR FUTURE CONNECTION WITH EXISTING OR FUTURE TRAILS. Policy: Park and trail locations should be located and developed in accordance with the parks and recreation comprehensive master plan. These goals and policies will be implemented as future development is proposed in this area. 6. Transportation: Highway 93 is the major north/south roadway through the amendment area. The Montana Department of Transportation (MDT) rebuilt and widened the highway approximately 4 years ago and now limits access onto the highway. The remaining road network includes county roads, some of which are paved but all of which are substandard with regards to city road standards. Upgrades to these roads would include paving, curb and gutter, a landscaped boulevard and sidewalks. As development occurs in this area new roads and/or existing roads impacted by future development will be upgraded. One chief concern with increased development of commercial and residential in this area is its impacts to Highway 93 and the Highway 93 bypass. In April of this year the city council adopted the Kalispell Area Transportation Plan (2006 Update). Included in the executive summary section of this plan it states, "Several major travel corridors will be pushed to their limits in the coming years. These major travel corridors that are experiencing heavy amounts of traffic volumes are US Highway 2, US Highway 93, Reserve Drive, and Meridian Road." Based on concerns with maintaining Highway 93 as a functioning arterial road south of the city, the proposed growth policy amendment includes several goals and policies to address this issue. These include the following: • Limiting access onto the highway • Establishing a street grid system to provide alternative routes as development occurs • Provide alternative north/south roadways parallel to Highway 93 on both the east and west sides of the highway. 7. Community Facilities, Infrastructure and Public Services: The Highway 93 South growth policy amendment area, including the 207 acre Siderius Commons site, is located outside the city limits. With the exception of the Town Pump gas station, located at the intersection of Cemetery Road and Highway 93, and Old School Station, located on the south end of the growth policy amendment boundary, the remaining lands are outside of city limits. Future development in this area will most likely hook up to city water and sewer requiring annexation into the city of Kalispell. During the development review process the following issues can be addressed through existing or recommended goals and policies found in the Kalispell Growth Policy or Highway 93 South Growth Policy Amendment. Water and Sewer services: Existing infrastructure in this amendment area includes city water and sewer lines running the length of Highway 93 from Cemetery Road south to the Old School Station subdivision. These lines have been oversized to serve not only the Old School Station subdivision but the anticipated future development that would occur with the proposed land use changes on the growth policy future land use map. Storm water management: The 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. Storm water flows from the site cannot exceed pre - development levels and the developer will be required to prepare a comprehensive storm water analysis and must identify the impacts of the proposed development. As part of the storm water analysis any existing water ways or conveyance channels may need to remain unobstructed. Additional storm water measures may need to be identified and implementation undertaken as needed. Fire: The closest Fire and EMS services to this area are located approximately 1 V-2 miles north at fire station 61. The distance between this existing fire station and new development would exceed the minimum response times the Fire Department holds itself to. Therefore, a goal and policy has been included in the proposed amendment which recommends a future fire station site be provided to serve the general area. City Airport: The anticipated future expansion of the city airport is the only community facility that has the potential of being impacted by the proposed growth policy amendment. Changing the land uses south of Cemetery Road and west of Highway 93 from industrial to urban mined use and urban residential increases the number and density of future homes in the area. More homes can mean an increase in complaint calls due to airplane landings and take offs. To address this issue the planning staff, in consultation with the airport manager, has recommended including goals and policies which prohibit residential development within that area of planes landing and taking off. Other policies require future property owners to be alerted of the presence of the airport, restricting communication towers or antennas and requiring aviation easements on new development in the vicinity of the airport. Educational Services: Over 90% of the proposed growth policy amendment boundary is within the Somers/Lakeside School District. Being within this school district means children from kindergarten through eighth grade would need to be driven or bused to existing school sites in Somers. The Siderius family, owners of the 207 acre project site, has stated in their application that they are willing to set aside an approximately 4.6 acre area for a new school within the district. No formal response has been received by the Somers/Lakeside school district with regard to this land dedication. With the proposed changes in this area taking it from predominately industrial land uses to a mix of commercial, industrial, office and higher density residential the need for a school site may increase in the future. Therefore, a recommended goal in the Highway 93 South amendment area is to work with the Somers/Lakeside School District to locate a future school site in this area. RECOMMENDATION - Based upon the above evaluation, the staff would recommend that the Kalispell City Planning Board adopt Staff Report KGPA-08-1 as findings of fact and approve Resolution KGPA-08-1 amending the Kalispell Growth Policy 2020 for the Highway 93 South area. Highway 93 South Growth Policy Amendment Area with Proposed Future Land Use Exhibit A Highway 93 South Growth Policy Amendment This amendment to the Kalispell Growth Policy 2020 adopted February 18, 2003 would be in addition to the existing goals, policies, text and maps. The Highway 93 South Corridor is recognized as a major arterial within the larger Kalispell area and as such its integrity in moving traffic is a primary goal. It is recognized that development will occur along this corridor that will contribute to a local economy in commercial, industrial and residential aspects. The area in the Highway 93 South Growth Policy Amendment includes generally that area west „Highway 93 to Airport Read and one mile north of Reeky Cliff Drive to 1,4 mile south of Reeky Cliff DFive, together- with that area east of Highway 93 from Snewline Lane east to Lower- Vall ey Road and then seuth to the inter-seetion of Auetion Read and Fir- Ter-r-aee. More speeifieally described -DOAT 14, the 1,12f-the lit 1%,and the-S 14 efand the S 14 A the PAr:4-14, the SW 144 and the -E',12-ofSeetie 33 in Township 28 Nor—tl+, ., From Highway 93 west on Cemetery Road to Ashley Creek and following Ashley Creek south to the point where Ashley Creek is in the vicinity of Rocky Cliff Drive. At this point the boundary continues east on Rocky Cliff Drive to Highway 93 with the boundary line continuing; east of Highway 93 along the southern boundary of Old School Station subdivision to a point just east of the subdivision to the 100 year floodplain line of the Flathead River. From the floodplain line the boundary continues north along the floodplain until the floodplain intersects with Demersville Road. The boundary then continues north along Demersville Road until its intersection with Lower Valley Road. The boundary then continues west on Lower Valley Road to its intersection with Highway 93. This area includes portions of sections 28, 29, 32, and 33 of Township 28 North , Range 21 West. Issues: 1. Development along the Highway 93 South corridor has the potential to compromise the primary objective of the roadway to move traffic because of additional accesses associated with new development. 2. Highway 93 and the Highway 93 bypass serve as entrance corridors to Kalispell and the viability and scenic nature of these corridors need to be protected and enhanced. 3. The Highway 93 corridors generate considerable traffic noise which will negatively impact any development along the roadways. 4. Corridor development can oftentimes lack quality landscaping, parking, lighting and architectural design. Municipal water and sewer have recently been extended south from Kalispell along Highway 93. A deqt:iate utilities, s— Iz f4eilities are presently limited-. Adequate capacity is available to serve all lands within the Highway 93 South Amendment area. 6. Lack of an existing grid street system contributes to the potential problems associated with additional accesses being created along Hwy 93 as new development occurs. 7. Lack of any pedestrian and bicycle facilities in the Highway 93 South neighborhood. 8. Topography and other natural features in this area such as the 100 year floodplain adjacent to the Flathead River on the east side and Ashley Creek on the west limit where development can occur. 9. Lineal development along highway corridors generally contributes to traffic problems and conflicts associated with single accesses, visual clutter and a diminished quality of life. 11. The city airport impacts properties immediately south of the future runway in the area south of Cemetery Road. Impacts include limitation on building heights, need to plan for appropriate uses, noise and air traffic. 12. Proposed airport expansion plans may cause the re -alignment of Cemetery Road. 13. The proposed Highway 93 bypass will serve as a barrier to local north -south traffic flow for properties on the west side of Highway 2 93. There is a need to maintain a north -south connection so as to provide an alternate to Highway 93. 14. There is an apparent remnant strip of former railroad right-of-way owned by MDT which extends from the future Highway 93 bypass south to the existing Highway 93 right-of-way. Use/re-use of this land needs to be planned for. 15. The city's 40 acre biosolids land application site located on the south side of Cemetery Road is an important part of the Kalispell sewer treatment facility. It is important to provide long term protection of this site from the intrusion of incompatible land uses. 16. There appears to be a future need for a school site serving the north end of the Somers/Lakeside School district to accommodate new development in the area. 17. As commercial and industrial development occurs along the Highway 93 corridor there will be impacts with proposed future residential property immediately behind and adjacent to this development pattern. 18. Noise impacts associated with Industrial uses, Highway 93 and the future Highway 93 bypass on adiacent residential development negativelypact the quality of life for theses residents. 19. Fire and EMS services to this area exceed the minimum response times the Fire Department holds itself to because the closest fire station is located over 1 1/2 miles north of the Hiahwav 93 South Neighborhood. 20. There are no neighborhood or regional parks to serve the immediate needs of existing or future residents Goals: 1. A CONCENTRATED COMMERCIAL CENTER BISECTED BY HIGHWAY 93 TO SERVE THE IMMEDIATE COMMERCIAL NEEDS OF THOSE PEOPLE LIVING AND WORKING IN THE GENERAL AREA OF THE SOUTH 93 CORRIDOR. 2. EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A PLANNED UNIT DEVELOPMENT IN ORDER TO ADEOUATELY ADDRESS VEHICULAR AND PEDESTRIAN ACCESS SIGNAGE SETBACKS AND OTHER ISSUES RELATING TO PROTECTING AND PRESERVING THE COMMUNITY ENTRANCE WAY TO KALISPELL. 3. PRESERVING THE FUNCTIONALITY OF THE INTERSECTION OF HIGHWAY 93 AND THE HIGHWAY 93 BYPASS SHOULD BE A PRIORITY. 4. DEVELOPMENT ALONG THE HWY 93 SOUTH CORRIDOR SHOULD OCCUR IN AREAS WHERE PUBLIC SERVICES, UTILITIES AND FACILTIES ARE AVAILABLE OR CAN BE PROVIDED. 5. NEW DEVELOPMENT WHETHER COMMERCIAL, INDUSTRIAL OR RESIDENTIAL SHOULD BE OF HIGH QUALITY IN DESIGN AND ARCHITECTURAL QUALITY. 7. FREE FLOWING TRAFFIC ON HIGHWAY 93 SHOULD BE MAINTAINED AND NEW DEVELOPMENT SHOULD INCORPORATE DESIGN AND TRAFFIC FEATURES THAT WILL ELIMINATE THE NEED FOR PRESENT OR FUTURE TRAFFIC SIGNALS BETWEEN FOUR CORNERS AND HIGHWAY 82. 8. A GRID STREET SYSTEM SHOULD BE ESTABLISHED AS NEW DEVELOPMENT OCCURS. EXAMOMMUMLEWAVM 1 . i • ► Y . ► i _ _ 1 i _ • j _ • _ • _ 11. DEVELOPMENT SHOULD INCORPORATE DESIGN FEATURES AND LAND USES APPROPRIATE TO ADJACENT AIRPORT TRAFFIC. El 12. MDT OWNED EXCESS OR SURPLUS RAILROAD RIGHT-OF-WAY NOT NEEDED FOR THE HIGHWAY 93 BYPASS SHOULD BE INCORPORATED INTO THE OVERALL DEVELOPMENT PATTERN OF THE AREA. 13. THE FUTURE VIABILITY OF THE CITY OWNED BIOSOLIDS LAND APPLICATION SITE IMMEDIATELY SOUTH OF CEMETERY ROAD NEEDS TO BE PROTECTED. APPROPRIATE DESIGN SETBACKS AND MITIGATION FEATURES SHOULD BE ACCORDINGLY INCORPORATED INTO ANY DEVELOPMENT PROPOSED ADJACENT TO THIS SITE. 14. WORK WITH THE SOMERS/LAKESIDE SCHOOL DISTRICT TO LOCATE A FUTURE SCHOOL SITE IN THIS AREA. 15. THE HIGHWAY 93 BYPASS, THE INTERSECTION OF HIGHWAY 93 AND THE BYPASS AND HIGHWAY 93 ARE GATEWAY ENTRANCES AND SCENIC CORRIDOR ENTRANCES TO OUR COMMUNITY AND AS SUCH NEED SPECIAL TREATMENT AND PROTECTION. 16. PRESERVE THE TRANQUILITY OF RESIDENTIAL AREAS BY MINIMIZING POTENTIAL CONFLICTS BETWEEN NOISE ASSOCIATED WITH THE HIGHWAY AND INDUSTRIAL USES. 17. BUILD A NEW FIRE STATION TO SERVE CURRENT AND FUTURE DEVELOPMENT IN THE AREA. 18. PROVIDE FOR THE ONGOING ACQUISTION, CONSTRUCTION AND MAINTENANCE OF PARKS BIKE AND PEDESTRIAN TRAILS AND OTHER RECREATIONAL FACILTIES. 19. PEDESTRIAN AND BIKE TRAILS SHOULD BE INCORPORATED INTO NEIGHBORHOOD AND CONNECT WITH OR PROVIDE FOR FUTURE CONNECTION W1 i EXIST ING OR FUTURE T RAILS. Policies: Recognize the need within the community for high paying, high quality industrial based jobs and business. Promote and encourage those businesses in this area. 2. Create incentives for development of industrial based businesses, including e-commerce based businesses, along the Highway 93 South corridor. 3. Avoid a pattern of one lot deep linear commercial and industrial development along the Highway 93 South corridor; instead encourage development patterns that extend horizontally back from the highway creating commercial or industrial centers and parks. 4. Require high quality development as it relates to the provision of services, utilities, facilities and amenities. 5. Additional accesses onto Highway 93 shall be limited and a grid street system shall be developed when possible. 6. Frontage roads shall be developed as part of a grid street system to avoid additional accesses onto Highway 93. 7. Provide alternative north/ south roadways parallel to Highway 93 on both the east and west sides of the highway. 7. Environmentally sensitive areas shall be avoided and protected when possible. 8. High quality design standards shall be applied to new development along the corridor related to architecture, parking lot layout, lighting, landscaping, setbacks and signage. 9. All parking lots shall be paved and landscaped. 10. Recognize the need for the provision of fire and police services to the Highway 93 South corridor area. 11. Ensure that there is a well informed public and property owners along the corridor regarding the implications of the extension of public services to that area. 12. Avigation easements should be required for all new development or redevelopment in the south 93 corridor area. 13. Whenever a property develops or changes ownership the developer/owner should be alerted that the property is in the airport affected area. 14. Because of the presence of the municipal airport, residential uses are not deemed to be appropriate within 1/4 mile of the easterly 1/2 mile of Cemetery Road (the south end of the proposed runway) . 2 15. Height of personal, commercial or public communication towers or antennas should be restricted to reduce conflicts with the existing and proposed Kalispell airport expansion. 16. Development around the city's 40 acre biosolids land application site located on the south side of Cemetery Road should take into consideration mitigating measures such as fencing, extra setbacks and an acknowledgement that they abut a sludge injection site. In addition, in the event that this site becomes surplus to the city, some provision should be made to provide for access to the site from the east, south and west to provide access for future development at that time. 17. The following design standards are intended to enhance the gateway entrances to Kalispell a. Access control should be the norm along the 93 corridors. b. Access should be coordinated so as to allow only collector or arterial streets to intersect Highway 93. The judicious use of right -in right -out approaches, frontage roads and good internal development street design should be the rule to reduce or eliminate the need for direct access onto maior ateway roads. c. Areas planned for commercial develo-Dment along HiL-hwa 93 should occur as an integrated development utilizing and enhancing the property back from the highway as opposed to occurring as a shallow linear strip. Significant individual business highway exposure, individual access points, and pole signage would not be the norm. d. Monument signs are preferred over pole signs. e. Four sided architecture should be the norm for all properties abutting the gateway entrances. Billboards should be prohibited in the commercial and residential zones. Existing billboards in these zones should be considered a primary use. Such existing billboards should be phased out in these zones under the following schedule: at the end of their current lease or when another primary use is proposed on the same parcel or tract of land. g. The scale of any commercial development should be sized to serve the immediate neighborhood (i.e. Somers South Kalispell) as opposed to regional in scale. ;i= 19. Development in the commercial areas should be mixed use in nature creating an overall integrated neighborhood as opposed to linear strip commercial development fronting the gateway entrances. 20. Additional setbacks along with fencing, berming and landscaping should be used to buffer new residential and school development adjacent to existing land zoned for industrial uses. 21. A vehicular/pedestrian connection should be provided connecting properties to the north and south of the proposed Highway 93 bypass to provide the following: a. Offer a parallel route to Highway 93 b. Reduce traffic on Highway 93 c. Provide options for internal travel within developments to the north and south of the Highway 93 bypass d. Reduce the need for additional access points on Highway 93 22. Advocate the design and site lavout of new residential development adjacent to industrial zoned property, Highway 93 and the future bypass to incorporate noise reduction techniques so that the new development will not be affected by noise that exceeds 60 dBA at the property line. 23. Encourage the use of setbacks and earth berms as noise reduction techniques in residential development to mitigate noise impacts and discourage the use of sound walls. 24. A future fire station site should be provided in the area. The site should include an area no less than 2 1/2 acres. 25. Park and trail locations should be located and developed in accordance with the parks and recreation comprehensive master plan. Recommendations: 1. New development along the Highway 93 South corridor shall be required to connect to public services and utilities. 2. The City of Kalispell shall explore incentives to encourage appropriate industrial development and expansion of existing businesses in this area. 3. Architectural design standards should be adopted that require high quality design in architecture including four sided architecture, landscaping, lighting, signage and parking lot design. 4. Coordinate an overall access plan with the Montana Department of Transportation to avoid the haphazard placement and approval of new access onto Highway 93 South. 5. Ensure that large scale developments adequately mitigate impacts associated with traffic and the provision of services to the area. 6. Avoid inappropriate development of general commercial type uses along the highway corridor south of the Four Corners commercial POD and favor the development of light industrial and e-commerce based businesses instead. 7. Continue to coordinate land use policies with Flathead County and Lakeside Sewer District to insure that new development along the Highway 93 South corridor is served by public water and sewer. 8. Plan for the future provision of fire and police services and facilities for the Highway 93 South corridor area. 9. Continue to review, revise and update standards, policies and regulations that will insure high quality development that meets the needs of the local and regional economies and communities. 11. Continue working on a phased approach to the expansion of the potential utility service area with the Lakeside/Somers inter- governmental bodies as well as the local community. E RESOLUTION NO. KGPA-08-1 HIGHWAY 93 SOUTH AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020 A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL CITY GROWTH POLICY 2020 ADOPTED FEBRUARY 18, 2003 TO BE KNOWN AS THE HWY 93 SOUTH GROWTH POLICY AMENDMENT WHEREAS, the Kalispell City Growth Policy 2020 was adopted by the Kalispell City Council on February 18, 2003 with Resolution No. 4773; and WHEREAS, There is an increased demand for non industrial development along the Highway 93 south corridor; and WHEREAS, Municipal water and sewer have been extended to serve the area allowing more intense urban development; and WHEREAS, the plan amendment designates this area for the development of commercial, urban mixed use, urban residential, light industrial and suburban residential uses to be known as the Hwy 93 South Growth Policy Amendment; and WHEREAS, the Kalispell City Planning Board held a public hearing on September 9, 2008 at 7:00 PM in the Kalispell City Council Chambers after due notice to the public and received comments upon the proposal and evaluated the proposed plan amendment in accordance with the goals and objectives of Kalispell City Growth Policy 2020; and WHEREAS, the adoption of this amendment would effectively amend the Kalispell City Growth Policy 2020 and the designated areas to be made part of the Highway 93 South Growth Policy Amendment along with the associated goals and policies which would serve as a basis for zoning upon annexation to the city; and NOW THEREFORE BE IT RESOLVED, that the Kalispell City Planning Board recommends to the Kalispell City Council, Exhibit A, Hwy 93 South Growth Policy Amendment area map and Exhibit B, Hwy 93 South Growth Policy Amendment issues, goals, policies and recommendations be adopted as an amendment to the Kalispell Growth Policy 2020. C Schutt City Planning Board The Northwest Healthcare Family of Organizations and Services Kalispell Regional Medical Center -Full Service Community Hospital -A.L.E.R.T. Air Ambulance -Bass Center Breast Surgical Oncology -Winkley Women's Center -CARF Rehabilitation Center -Home Options -Pathways Treatment Center Brendan House -Long Term Care -Transitional Care The Summit -Medical Fitness Center -Community Health Promotion Applied Health Services -Kalispell Medical Equipment -Picture Archiving and Communications System -Medical Office Management Services -Professional Staffing Service -Regional Services -Occupational Medicine Northwest Healthcare Foundation -Healthcare Philanthropy -Grant Support HealthCenter Northwest (Owned in collaboration with physicians) -Hospital & Surgery Center -Diagnostic Imaging Center NORTHWEST HEALTHCARE Improving the health and comfort of people in Northwest Yontana July 1, 2008 City of Kalispell Planning Board 201 1st Avenue East Kalispell, MT 59901 Dear Planning Board, p IE0EUVC D KALISPELL PLANNING DEPARTMENT Current statistics prove the value of wellness, preventative health care, and exercise. Also, the dangers of physical inactivity, being overweight, smoking and stress have been documented by leading universities and researchers throughout the world. Locally, over the past 13 years, the Summit Medical Fitness Center has stressed the importance of physical activity, prevention and personal responsibility with individuals and employers that will lead to a leveling -off of healthcare costs. We believe that while our community has begun to demonstrate a willingness to accept responsibility for their health there are significant challenges yet to be overcome that will enhance a wellness focused lifestyle. We strongly support the encouragement of an active living neighborhood that focuses on wellness as demonstrated by Mr. Nix. We have met with Jerry on several occasions to discuss the future incorporation of active living and preventive programs into his project, the Siderius Commons Growth Plan, in order to create a community wellness culture. We believe Jerry is on the right track... he has built a reputation of healthy communities in some of his earlier developments. We look forward to being involved with his vision in the future and ask you to approve his application. T nk You, Oliverson Vice President Kalispell Regional Medical Center Brad A., Roy, ah.D., FACHE, FACSM Administrator The Summit Medical Fitness Center 310 Sunnyview Lane \ Kalispell, Montana 59901 \ 406.752.1724 Telephone \ 406.756.2703 Fax KALISPELL PUBLIC SCHOOLS 233 1st Ave. East - Kalispell, Montana 59901 SUPERINTENDENT (406) 751-3434 � � � �7 �t7 Fax (406) 751-3416 May 30, 2008 R V ASST. SUPERINTENDENT D (406) 751-3444 JUN 03 2008 BUSINESS OFFICE (406) 751-3445 Sean Conrad, Senior Planner KALISPELL PLANNING DEPARTMENT Fax (406) 751-3425 Kalispell Planning Department TRANSPORT/MAINTENANCE 201 1"Avenue East (406) 751-3404 Kalispell, MT 59901 SPECIAL SERVICES (406) 751-3408 Re: Siderius Family Subdivision Dear Mr. Conrad: I have spoken with a representative of the Siderius Family on this subdivision. It currently lies within the Lakeside Somers Elementary School District so we are not currently responsible for providing support to the elementary students in that area. However, as you may be aware the challenge of building a school site with the current bonding capacity in that area may be a challenge. We are interested and would support consideration of a territory transfer between Lakeside/Somers school district and Kalispell Public Schools, if the subdivision and Lakeside/ Somers District were in agreement. The subdivision is located in the Flathead High School District. We do not know at this time what an impact this would have on Flathead High School. We might be interested in entering a purchase agreement for land adjacent to the donated school site to provide an additional future high school location if this land is not acted upon as a site for an elementary district. Please feel free to contact me for further information. Darlene Schottle, Ed. D. Superintendent of Kalispell Public Schools P.O. Box 3231 Kalispell, MT 59903-3231 August 1, 2008 Kalispell City Planning Building Department 201 - 1e1 Avenue East Kalispell, MT 59901 Gentlemen: I live at 147 Cemetery Rd. and would like to take this opportunity to express some concerns about the 81derius Commons project. A self contained neighborhood is an excellent idea for a rural area. In this case, Kalispell is only one and half miles away. There is an established convenience store/gas station at the corner and it is about a mile to Rosauers. 1. where does the water for this development come from? .How will this ail'ect the adjacent wells? 2. Is the main road on the project map an extension of Shefferd Rd. or a .new road that starts at the current entrance to the property? If it starts at the current entrance it will create the same dysfunctional intersection as 18`h Street and Airport Rd. Either way, there will be a very substantial increase in traffic. 3. Wouldn't it make more sense to have business frontage along the by-pass instead of houses? 4. If the houses there are on a land trust and the home owners don't own the property, who is responsible for maintenance? Besides the four homes adjacent to this project with frontage on Cemetery Rd., there is a small established neighborhood out there and this affects them as well. rve lived In this quiet, safe area for 28 years and this proposed high density plan and its increase in traffic, noise, and lights makes me feel as though I have lost my home. Yours truly, Karen ?anderkolk Letter to the planning board I'm a property owner adjacent to Siderius Commons. My property is zoned SAG 10, and the adjacent property on all four sides are zoned SAG 10 including the land on the proposed Siderius Commons campus. I'd like to see it stay that way until 2020, when the current plan expires. But I. know that is unlikely, because the City wants to grow, and many powerful and influential people stand a lot to gain by annexation of the area into the City. All I can do is encourage them to do something better with the land than what they're proposing. If and when Siderius Commons becomes annexed into the city of Kalispell, the SAG 10 zoning will automatically change to "Suburban Residential", which is appropriate to the site- and the others of us might like the same if/when we're annexed at the same time. It will encourage, I believe, a better future Kalispell than the "Urban Residential" zoning they currently seek. No rezoning of the SAG 10 portions of Siderius Common is required to build the housing currently proposed on their plan. The Elementary School proposed on the plan is very unlikely in reality. Somers can't afford it, and even if they could they wouldn't want it there. It's a smoke screen and little more, and it's placed there only to deter opposition. I would ask the Planning Board to finalize annexation plans first, decide about the school, and find out from adjacent landowners where they want to be before changing the zoning on this parcel so that the rest of us which might wish to join can become part of a larger plan more appropriate to the entire area. I'm particularly distressed by their plans to build 180 units of multi -family housing - ``Projects" -as shown on the plan. No parking is shown, where will the 360 cars park'? Where will the children play? The City Planning Board thinks they're too close to the noisy Bypass- so then where will they end up? I think this "planned community" suffers from a serious lack of planning, and they should have to be very specific about what they're going to build to get any zoning variance or special consideration because I wouldn't want to see a big mistake made there. I think what they're seeking is carte blanche for substandard rental housing which could one day become an expensive City problem- especially if they can worm a "Flathead Valley Community Land Trust" into the legal tangle of their `'responsible planned community". Jerry Nix wrote an OPTED piece in which he called me "misinformed" and stated that the project was "...NOT any of the things I claimed it to be". His article was a window into their thinking and raised more questions than it answered. The land ownership issue is clear as mud. People are going to pay rent on "donated" land!? I'll admit to being "uninformed", and that's something I am determined will change. If I'm "misinformed" it's from misinformation, which owes its origin to them. He didn't mention the "Projects" at all in the article. I hope everyone interested in the Siderius Commons project attends the meetings and work sessions and public hearings and asks the hard questions and demands real answers, as well as reviews the documents online as Jerry Nix suggests. I'm certain they'd prefer attendance arTanged to benefit them. We adjacent landowners must be the most active, because we have the most at stake. cL yip O SIDERIUS COMMONS Revisions: SURVEY BY: SANDS WRNVEYING INC. TOW SASMDS 2 LLAGE LOOP KAAUSKLL wr 59 01 PHM, (406) 755-M81 Br— 13—dy, —QP- AmHt"t km. 5M ft" Val W--t, 3-tt- 15 NKUOW,, M."— I Pt— (ADS) 50-4M F., (404) 5"-lm 1/21/05 Chris Colvin 2565 Airport Road Kalispell MT 59901 e-mail granpk@digisys.net Dear Friends and Neighbors, I have printed these papers and distributed them at my own expense. My interest is simply to protect the value of my property, an agricultural ten acres (properly SAG 10) which spans Ashley Creek. I sent this to you because I think you have a similar interest in preserving the value of your own properties, and would like to be kept informed about changes coming which will have a big effect on the value of all our properties, and might want to be part of a property owners group. I hand delivered about 20 of these and heard about 20 opinions of "what's really happening", and also spent an hour each with Sean Conrad and his boss- Tom Jentz- at the City Planning Board. Opinion falls in two categories. The first one is that the Siderius family is very concerned about the problem of low income housing, and is willing to go to great ends to help solve a problem we all agree exists in the valley. The second one is that the Siderius family has no intention of doing anything with the property, just selling it for the most money to a developer, or a group of developers. A variant on this is that they just want to be able to collect lease money forever from 300 families and a dozen or more businesses on over two hundred acres in the Kalispell City limits, and as an additional benefit avoid paying capital gains (and other) taxes on the sale of the land, and use trust laws to limit tax liability in the future. The first opinion comes from the insiders- the folk at the Planning Board, the representatives of the family before the board who are painting the pretty pictures, and people who stand the most to gain if the project is approved. The second opinion comes from almost everyone else. My own opinion, for what it's worth, is that this is just another shenanigan of the rich to rip off the taxpayer and the poor and stay rich and keep everyone else poor- and to Hell with the neighbors. So I'm opposing it- all of it. 1 think Siderius Commons zoning shouldn't be allowed to change until the City's annexation plans are clearly decided and understood and the rest of us affected have a chance to decide how we want to respond to it. Only then should we be asked to consider if this is a good place for this type of project to be built. I predict the answer will be "No." For me, the big question is whether or not the "little guys" can beat the "big guys"? I think we can, if we act together and do it immediately. If we don't, we'll get what they give us, and what we deserve. I think we need to form an organization, hire a good lawyer (or other knowledgeable professional) very soon to represent our interests and keep us informed, and make our opinions known. ,�.) ct(,'vj Letter to the Editor As a landowner south of town, I was notified by mail by the City Planning Board that there would be a meeting about Siderius Commons on July 8, a "work session" on the project to follow a scheduled meeting which started at 7 pm. It contained maps showing who would be affected, and it was clear to me that I must attend. I didn't know where to go, but I knew when it was and how to find out where it was to be. Then I got another notice from the City Planning Board clarifying the place and the time but containing no information about the meeting. If I didn't want to miss it, I knew I needed to be there at 7pm (they might close the door at 7pm) and stay until it reached the floor. If any other concerned landowners attended, most were gone by the time it came up- which was after 9pm. My wife had to leave early- before the presentation- but she looked at the graphics and when she left she had a positive attitude about the people and the project. The way it was pictured it looked like a forested park. It was a nice presentation- very professional. The people were nice, enthusiastic about their new project. At the end there was a parade of positive witnesses extolling the virtues of the Siderius family and expressing enthusiasm about the project. I stood up to speak, and somebody said "We thought you were leaving". I thought to myself, "You wish..." I stood up, identified myself, and said that the meeting was poorly advertised and inconveniently scheduled making attendance difficult. I didn't know anything about the project before July 8, but I was dumbfounded by what I heard. They are proposing moving 600 low income families onto half of the 200 acre site (the other half would be commercial/mixed use) including 180 families to be housed in 15 "multi -family housing units". "Projects" are what they're called in the city. The ownership of the land (some, perhaps all7 that was unclear because questions weren't solicited, and the Planning Board doesn't care) would stay in the Siderius Family Trust. Paul Wachholz, a well known realtor introduced himself as a local employer, stood up and praised the project as a place where low income people could live in a "self- contained community" and find all the services they need. Their labor would be a boon to local commerce. Those services would come with annexation of the area by the City. Many questions came to mind. Who is going to pay for this? Will local people want to live there, or will it attract immigrant people to compete for local jobs? Does land which isn't to be sold have to go through subdivision review? Will it help poor people raise themselves up, or will it trap them in a downward cycle of poverty and dependence? Where are all these children going to play and go to school? Where is all the sewage going to go? How are they going to keep 3000 low income people happy on 200 acres? What do urban, low income people do when they're not working or in school? What will happen to the crime rate? What about the other social problems which follow concentrated poverty? What kinds of businesses will locate there to serve these people? What will the quality of the construction be? Will there be good fences, or will there be a lot of trespassing on neighboring land? I've been a contractor all my life. I'm not anti -growth. I just like to see people build comfortable, healthy, safe homes in safe neighborhoods designed to last a long time and fit into the environment. I think the area is very scenic with nice views of the Columbia Range, Lone Pine, Big Mountain. Ashley Creek is a lively, rich riparian zone filled with birds and other wildlife. I'm building what I hope to be a nice house there, and others have and are, also. I do not believe that people will build nice things on land they can't own. The zoning request is for a blank check to build low -end high density rental housing. I think Siderius Commons, as it's currently conceived, is a very, very bad idea- and could even get worse. What's wrong with a golf course? It is the gateway to Kalispell, after all. What visitor will want to come here to build a house when the first thing they see is a "project" just like the ones they'd like to leave behind? We all know progress is inevitable, but I would much rather have an industrial park, a shopping mall, a race track, a fairgrounds, a shooting range or almost anything else next door more than what's being proposed there. Who gains by concentrating and perpetuating poverty? What are they thinking? 00 The next meeting is on August 12 at the "new" City Hall, 201 Vt Ave E at 6pm. At that time concerned citizens can announce their presence and state their purpose. Once again, interested parties will have to wait around until the agenda gets to Siderius Commons. Your comments and ideas and letters are solicited by the Planning Department (at the above address), and their e-mail is zvwnv.kalisi)ell.com/v)lanaijig and their phone is (406) 758-7940 and the Senior Planner, Sean Conrad, is the person to talk to about this project. He's knowledgeable, accessible and nice. Siderius Commons needs a zoning change to "High Density Urban" to accomplish this project, and those of us who seek to change their minds must oppose that zoning change. First we must oppose it in the "Highway 93 South Growth Policy Amendment" currently before the City Planning Board. The current Growth Policy was intended to last until 2020, and we should seek to keep things as they are at least until we all understand the process and decide one by one each of us how we want to fit into it. Annexing will present each of us with difficult and important choices which will affect our taxes, the future value of our property, and our way of life. We won't want Siderius Commons deciding for us what South Kalispell is going to be. Letters have to be in the hands of the Planning Department by August 4th to be part of I he information packets the board receives in preparation for the August 12 meeting. The board could decide the issue as early as September 9, and if they decide "yes" and the City Council goes along (and they will) this could be a done deal as early as mid - September. Then it will be a downhill slide for them from there when the annexing process begins, and an uphill push to oppose it. We must act now. Thank you, Chris Colvin (2565 Airport Road, Kalispell MT 59901) e-mail granpk(iMigisys.aet --- &- PODSC (Property owners adjacent to Siderius Commons) c/o Chris Colvin 2565 Airport Road Kalispell MT, 59901 No attended local phone at this time, but you can call Sean Conrad @ 758-7940, Or reach me by e-mail at aranpkCc).digisys.net Dear Property Owner, This short questionnaire must be returned to me before the end of July so I can take it to the planning board! DO IT NOW! It will only take a few minutes of your time. Your Name C-0 Address Yes No [ ] 'N it. vtA ekiL .. / Qtsr Undecided 4. ©/A [ ] I think the proposed Siderius Commons project is a good idea Yes No Undecided [ ] [ ] � I support annexation of the area into the City Yes No Undecided [ ] k [ ] I support Siderius Commons proposed rezoning to include "Urban Residential". 02r support Yes No INAt [ ] I want to be properly informed of any meetings of the City or County planning Boards or City Council relevant to the Siderius Commons project. Yes No [ ] I want to be properly informed of any meetings of the Planning Boards and City Council relevant to the proposed City annexation of land South of Kalispell. Thank you for your time! -Chris . - f_o (X) Lq/UD DWA , L tAS&- MaPV, � 0 U Y2- )-0 CAT( 0i 5 0 L-DC- CAM 6- V 6ZqCAY-- PODSC (Property owners adjacent to Siderius Commons) c/o Chris Colvin 2565 Airport Road Kalispell MT, 59901 No attended local phone at this time, but you can call Sean Conrad @ 758-7940, Or reach me by e-mail at granpkndigisys.net Dear Property Owner, This short questionnaire must be returned to me before the end of July so I can take it to the planning board! DO IT NOW! It will only take a few minutes of your time. Your Name Address %.�3,-� A ur cnr' `Rr)oA Phone. E-mailern� ,� Yes No Undecided [ ] K [ ] I think the proposed Siderius Commons project is a good idea and support it. Yes No Undecided [ ] M [ ] I support annexation of the area into the City Yes No Undecided I support Siderius Commons proposed rezoning to include "Urban Residential". Yes No 1 Want t0 be properly lllfOrined of all llleetlll J Ul the �r it`' or COiini ' Piaiuuii^ [ j P P y y meet -rigs - y y g Boards or City Council relevant to the Siderius Commons project. Yes No I want to be properly informed of any meetings of the Planning Boards and City Council relevant to the proposed City annexation of land South of Kalispell. Thank you for your time!- Chris MULTIPLE TRACTS IN S29 AND 32 T28N R21W PMM 150 FOOT OWNERSHIP sna 5w I. Iz 5K 5KE. so IIT IF AA 50 ro k6o TCM TCAE ICAD lcA4 c 2 A 3F B 3A eD J, 7C 7 o0c 8 . .......... 7A IF' eom ,FB t i 7s. 7EAA TEA 3CAB ]CA 3CAA 3XCBEX Bs 658 X38 sc FLATHEAD COUNTY GIS DEPAR TMENT LWUi2- )-0 CA71 0J 50 L--)6 C-A/\" 1.1-6hCk 7 PODSC (Property owners adjacent to Siderius Commons) c/o Chris Colvin 2565 Airport Road Kalispell MT, 59901 No attended local phone at this time, but you can call Sean Conrad @ 758-7940, Or reach me by e-mail at granpkna.,digisys.net Dear Property Owner, This short questionnaire must be returned to me before the end of July so I can take it to the planning board! DO IT NOW! It will only take a few minutes of your time. Your Name J ym 's a U1 J k d � J Address I i r,( 0 -• a.1 Phone. E-mailer S l t4JA� IX- 46 ~ �-57� — 66 5( J+ m, S a P'K o(A+e et, or Yes No U decided s""i C LI [ ] [ ] I think the proposed Siderius Commons project is a good idea and support lt. Yes No Undecided [ ] [ ] Y_� I support annexation of the area into the City Yes No Undecided [ ] [ ] I support Siderius Commons proposed rezoning to include "Urban Residential". Yes No [ ] I .x, nt to b pr"pPrly in formed of any meetings of the City or County Planning Boards or City Council relevant to the Siderius Commons project. Yes No [ ] I want to be properly informed of any meetings of the Planning Boards and City oi�ncil relevant to the proposed City annexation of land South of Kalispell. P p tY p Thank you for your time!- Chris `UUYZ. )-OCATiOJ So S C-A/\J - v ( '40A PODSC (Property owners adjacent to Siderius Commons) c/o Chris Colvin 2565 Airport Road Kalispell MT, 59901 No attended local phone at this time, but you can call Sean Conrad @ 758-7940, Or reach me by e-mail at gran k:@digisys.net Dear Property Owner, This short questionnaire must be returned to me before the end of July so I can take it to the planning board! DO IT NOW! It will only take a few minutes of your time. Your Name Address 7 �. Phone. E-mail l ATU QrE,Q t UGC -7 1%v "� - ��w�p1� g C -7- o - ` , Yes No Und ed [ ] [ ] I think the proposed Siderius Commons project is a good idea and support it. Yes No Undecided I support annexation of the area into the City Yes No Undecided @ [ ] [ ] I support Siderius Commons proposed rezoning to include "Urban Residential". Yes No [ ] I want to be properly informed of any meetings of the City or County Planning 'Boards or City Council relevant to the Siderius Commons project. Yes No [ ] I want to be properly informed of any meetings of the Planning Boards and City Council relevant to the proposed City annexation of land South of Kalispell. Thank you for your time! - Chris V 6ZLIOAf