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Resolution 4095 - Resolution of Intent - Hwy 93 South Neighborhood Plan597 RESOLUTION NO. 4095 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT A RECOMMENDED NEIGHBORHOOD PLAN AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, on the 7th day of April, 1986, the City Council adopted the Kalispell City -County Master Plan by Resolution No. 3641, and WHEREAS, the owners of certain real property, more particularly described in Exhibit "A", attached hereto and for purposes of this Resolution made a part hereof, located within the Kalispell City -County Master Plan area, on the day of 1992, submitted a Petition for a proposed amendment to the Neighborhood Plan Amendment made by Resolution No. 3939, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission, on the 9th day of February, 1993, after due and proper notice, received public comment upon, and received and evaluated the proposed plan amendment in terms of environmental impact, site potentiality and availability of services, and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed amendment, the Kalispell City -County Planning Board by motion, pursuant to Section 76-1-603, MCA, recommended to the City Council of the City of Kalispell, Montana, and to the Flathead Board of County Commissioners that the Kalispell City -County Master Plan be amended through the adoption of a Neighborhood Plan to serve as a basis for future development of the property contained in the Highway 93 South Neighborhood Plan, and WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the recommendation of the Kalispell City -County Planning Board and adopt a Resolution to Adopt; Re -vise or Reject a Recommended Neighborhood Plan Amendment to the Kalispell City -County Master Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell intends to consider the revisions of the Kalispell City --County Master Plan, as recommended by the Kalispell City -County Planning Board, to change the plan for the area set forth in Exhibit "A" by adopting, revising or rejecting the Highway 93 South Neighborhood Plan, (A copy of said amendment is attached hereto as Exhibit "A", and thereby made a part hereof) generally designating area for development of light industrial development. 598 SECTION II. That the City Council of the City of Kalispell shall consider whether to pass a final resolution revising the Kalispell City -County Master Plan as set forth herein at a meeting to be held on the 17th day of May, 1993, at 7:00 P.M., at Council Chambers, City Hall, Kalispell, Montana, and at the conclusion of said meeting the City Council will consider a Resolution to revise, reject or adopt the proposed amendment. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 3RD DAY OF MAY, 1993. raj �.11a6 D. Rauthe, Mayor ATTEST: iy�H. Robertson Finance Director 599 1 EXHIBIT "A" AN AMENDMENT TO .. THE KALISPELL. CITY -COUNTY MASTER PLAN D A U Highway 93 Landowners 6-0 0 HWAY 93 SOUTH NEIGHBORHOOD P AN AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN A COMMUNITY CONCENSUS PLAN PREPARED IN COOPERATION WITH PRESENTED TO THE BOARD OF COUNTY COMMISSIONERS AS A LANDOWNER ALTERNATIVE I r %Affrf,nlrlr 71-1AllAlr a 601 HIGH ANY 3-' SCUM NEIGHBaUi(= PLM MAP N ` a I D N MILT n. Se ETUFNEoEYAI/L \ \•••�••QI ice: ; - •.. r ..a. � ... �O • r fY. OF Cemtery Rwd _-7' ..,_.1 ••• .:� .�•• rid • _ •'• - [-.a '�\�`' L'F it 6 t1 i ». »r -mot _ _ �• - I ti *� ;' .. �.� H _ • _ . : - •>� .,.' 'mot: ti-::..�,i, - 71 .. t. J II I - — — — — — ` — — - 1 / I • _ ee YE11E ST 11[� ..VF.L.' — — f 4 ---------------------- - - - - --- r---r -s• -� ----�+ _ ' 1 aoNIMI, na {1 � 602 HWY 93 SOUTH NEIGHBORHOOD PLAN AN AMENDMENT To THE KALISPELL CITY -COUNTY MASTER PLAN The purpose of the HWY 93 SOUTH NEIGHBORHOOD PLAN is to provide an updated planning analysis for a specific area within the planning jurisdiction of the Kalispell City -County Master Plan. This additional information will be used to update the Master Plan and thereby provide a basis for a Plan amendment and for subsequent implementing regulations. GMTERAL DESMIPTIDNOFE!LAMINIG AREA LOCATION The area considered by the Neighborhood Plan (hereinafter referred to as the plan area) is described as including all land parcels situated along or in the vicinity of US Hwy 93 South between the Four Corners area and Ashley Creek. More specifically, the area is described as follows: SEhNE' of S29, T28N, R21W, P.M.M., Flathead County; SEk of S29, T28N, R21W, P.M.M., Flathead County; That portion of the NEh of S32, T28N, R21W, P.M.M., Flathead County lying easterly of the Burlington Northern Railway tracks; SWkNWk of S28, T28N, R21W, P.M.M., Flathead County; WhSW'k of S28, T28N, R21W, P.M.M., Flathead County; and That portion of the WhW'k of S33, T28N, R21W, P.M.M., Flathead County lying northerly of Ashley Creek. NEIGHBORHOOD CHARACTER All but a few of the Neighborhood properties are highway -oriented, having primary access from U.S. Highway 93. The highway frontage length is approximately 1.2 5 miles. Forty --one ± tracts of land are included in the plan area with approximately 27 separate land owners. Parcels tend to be large, generally more than 5 acres in size. MPC Hwy 93 South Neighborhood Plan 1 603 The plan area is developing in the absence of any land use regulations that might otherwise guide the best use of the properties. As a result, the area is in transition, exhibiting a mixture of uses. A common development theme is obviously absent. Existing uses range from vacant land to large implement dealerships and more specifically include the following: ♦ Four Corners Lounge; ♦ Residential dwellings; ♦ County museum; ♦ Montana Log Homes; ♦ Treweek commercial building containing Crown Portraits, Chief Metal Buildings, Farm Credit Services, and Treweek Construction; ♦ Treweek mini -storage; ♦ Fort Selish including The Patchbox and The Museum of the Great Divide; ♦ Second Hand Store; ♦ Ashley Creek Animal Clinic; ♦ Ken's Backhoe Service; ♦ Haul Mark Trailer Sales; ♦ Northwestern Truss & Wood Products; ♦ JBM Precision Machinery; ♦ KGEZ Radio 600; ♦ Snowline Tree Company; ♦ Montana Tractor; and ♦ Triple-W-Equipment. Farming is generally limited in the area to pasture or grass hay. No cereal crops are grown in the plan area. Environmental constraints to development, such as flooding and severe topography, are largely absent. The shallow depth to groundwater in portions of the plan area is a constraint to development of small lots. Municipal water and sewer services are not readily available. The Kalispell City -County Master Plan is a policy document that offers general guidance for development in and around the City of Kalispell. The Neighborhood Plan concept has been re-:ently used to offer more specific land use guidance to particular areas within the city -county jurisdiction. The Neighborhood Pl.aa provides the basis and rationale for an amendment to the Master Man. AREA IN TRANSITION The subject plan area is one of the last remaining areas within the City -County jurisdiction to be zoned. Since zoning is the primary means of implementing the Master Plan, this area has been left unguided and, as a result, has been on the receiving end of a variety of land uses. The NEIGHBORHOOD CHARACTER discussion demonstrates the extent of non-agricultural uses in the area. MPC Hwy 93 South Neighborhood Plan 2 E Agricultural uses have been replaced by commercial and industrial uses. Undeveloped land generally remains idle and unproductive. The transitional nature of the plan area (creat- ed by the lack of plan implementation) is fur- ther confounded by the adjoining land use designations to the north and south. Imme- diately adjoining the plan area to the south is a Heavy Industrial land use designation. To the north, are Com- mercial and Light Industrial land use des- ignations. In between these two industrial and commercial designations lies the property that is subject to this Neighborhood Plan. The Master Plan designation for this "in-between" land along the highway corridor is Agriculture despite the general preponderance of nonagricultural uses and poor agricultural soils. Passive farm operations are now occurring on only 4 landowner properties in the plan area. The word, "passive", is used since the scale of farming is limited to grazing and the cutting of grass for hay. SOIL SUITABILITY FOR AGRICULTURAL PRACTICES Soils in the plan area are generally marginal for farming purposes. Few "prime" soils (Capability I -IV) extend to the highway frontage. The State (Dept. of Transportation) Environmental Assessment of the Somers -Kalispell highway project concluded that prime farmland scored a minimum level of consideration due to the poor soil conditions along the proposed highway corridor. The extent of the so-called prime soils is so limited in shape, area, and location that it would be a stretch of the imagination to conclude that the area should be reserved for agricultural production. On the east side of the highway, most of the soils are Capability V or less and include: ♦ Saline -alkali land (Sa); ♦ Kalispell loam (Kt); ♦ Birch gravelly loam (Bd); ♦ Demers -Kalispell silt loam (Da); and ♦ Demers -Kalispell silt loam (Db). The better soils on the east side of the highway are far less extensive than the marginal soils. Kalispell -Demers silt loams (Kw) and Corvallis silty clay loam (Cd) occur in the developed 1 MPC Hwy 93 South Neighborhood Plan 3 E 605 areas of Snowline Tree Company, JBM Precision Machining, and Northwestern Truss & Wood Products and, therefor, are unavailable for production. The west side of the highway appears to have more occurrences of "Prime" soils but these soils have frequent intrusions of low capability soils such as Da, Sa, Db, and Kt (see above for name description). The better soils are from the Kalispell series but these soils at this location in the valley, according to the Soil Survey (Series 1946, No. 4), tend to be affected by "free" salts and sand in the lower part of the subsoil, which affect the soil's productivity potential. LAND USE SUITABILITY As discussed above, there is no basis for reserving this area for farmland given the poor soil conditions and intrusion of other land uses. The majority of 'those' other land uses can generally be classified as "industrial". Exceptions would be the radio station, Second Hand Store, and a few others. Large retail commercial uses are absent at this time. Public water and sewer extensions to the area do not appear to be feasible at this time. For this reason, larger parcels are likely to be the trend. Highway access does not appear to be a limitation to the development of larger parcels where new approaches can be somewhat limited. The land uses approp- riate to this area are those that would gen- erally require large open display or work areas with infrequent customer visits. Large retail sales businesses are more appropriately located closer to the urban centers. Ware- housing, implement dealers, and small man- ufacturing businesses are examples of uses that would benefit from both the highway front- age and large lots. These type of uses are generally limited to an industrial -type zoning classification. A review of the Kalispell City -County Master Plan indicates a relative scarcity of lands set -aside for MPC Hwy 93 South Neighborhood Plan 4 ■ light industrial uses. The official map of the Master plan indicates light industrial designations in 4 locations which include: 1. Intersection of Reserve and LaSalle 2. SE intersection of Reserve and Hwy 93 3. Area north of Cemetery Road 4. Narrow band along Center Street in Kalispell All or portions of these designated areas are generally unavailable for new development. The Center Street area is already "occupied" by uses and the City redevelopment plans are encouraging the removal of train service within the city limits. The Reserve and Hwy 93 location is occupied by gravel operations. Much of the remaining industrial area near LaSalle and Reserve is being developed at this time for a new electric utility office and warehouse. Most of the property north of Cemetery Road is not zoned for industrial uses at this time. It appears that industrial -type uses are selecting the Hwy 93 South properties due, in part, to the relative unavailability of industrial zoned properties within the jurisdiction of the Kalispell City -County Master Plan. The deep lots, together with the large size of the land parcels, offer unique opportunities to wisely plan for this particular highway cor- ridor. Strategies can be developed to promote a development theme that discourages strip devel- opment and encourages land uses that are compatible to the area. interior roads should be encouraged to limit ac- cess .-3nto the highway while at the same time maximizing opportunities for full utilization of the deep lots. Refer to exhibit A for subsivision that would orient land uses minimize the "strip" effect by allowing deeper lots. a hypothetical layout of a away from the highway and fuller development of the It would seem appropriate to blend the Heavy Industrial designation to the south with the Light Industrial designation to the north. This can be accomplished by establishing an industrial performance - based zone for the "in-between" property. 1 MPC Hwy 93 South Neighborhood Plan � a 607 GOALS AND POLICIES The recommended goals and policies for the Hwy 93 South Neighborhood Plan have been developed to reflect the qualities and characteristics of this specific highway corridor and are not intended to be broadly interpreted or applied to other highway segments in the Valley. GOAL 1 TO PROMOTE LAND USES COMPATIBLE TO THE AREA The area should be designated and appropriately regulated for those uses that typically require large land parcels for open display and/or storage, uses which do not require public water or sewer facilities, and uses that generate or attract low volumes of traffic. Policies A. All existing uses may continue and expand as permitted uses. However, if an existing use does not comply with the definition of "light Industrial" as defined by this plan or an underlying zoning ordinance, at the time any use is abandoned or willfully changed to another permitted use, the pre-existing use will no longer be considered a permitted use. B. Commercial retail businesses shall be discouraged. C. Uses in support of the agricultural, animal husbandry, or timber industry shall be encouraged. D. Uses requiring yard storage, outside display, or ware- housing are encouraged. GOAL 2 TO ESTABLISH DEVELOPMENT PERFORMANCE STANDARDS This goal emphasizes the desire to avoid strip development along the highway by establishing performance based standards for all new development. Policies A. All new uses shall adhere to strict development standards: •substantial setbacks from the highway for properties that gain direct access to/from the Highway; •landscaping along the highway corridor and screening when adjacent to a noncommercial or industrial district; •controlled access with interior road frontage whenever possible; •large minimum lot sizes; •paved roads; and •limitations on the size, height, & number of signs. MPC Hwy 93 South Neighborhood Plan 6 • B. Existing uses shall be permitted to expand and, when feasible, the expansion area shall substantially comply with development standards for new uses, especially in the areas of •landscaping and screening; •controlled access; •paved roads; and •limitations on signage. C. Preferred lot sizes shall be no less than 1 acre and generally no more than 5 acres. D. Deep linear interior roads that extend perpendicular from the Highway are preferable over parallel frontage roads. Typically an interior road easement shall be provided, anticipated or coordinated whenever a lot is created which does not extend the full depth of the zoning district leaving inaccessible land behind it. E. Deep lots shall be encouraged to facilitate the extension of interior roads that will help to orientate the businesses away from the highway and thereby allow more efficient utilization of the lots and avoid the appearance of "strip" development. F. Access points from the highway should be limited to a minimum spacing of 650 to 1000 feet. GOAL 3 TO IMPLMKNT PERFORMANCE BASED ZONING FOR THE AREA DESCRIBED BY THIS NEIGHBORHOOD PLAN BY AMENDING THE FLATHEAD COMPREHENSIVE ZONING REGULATIONS. The purpose of this goal is to recognize the unique features of this plan area and to establish new regulations that can properly apply performance -based zoning to the area. Policies A. The plan area shall be zoned Light Industrial (I-1) with a concurrent application of an Overlay Zone that will be necessary to apply the performance standards. B. Administrative permits shall be issued by the Flathead Regional Development Off ice for all new and expanding uses. The appeal process shall rest with the Flathead County Board of Adjustment. C. The zone shall provide development incentives related to lot size and subdivision design, such as those anticipated by Policies B, C, D, & E of GOAL 2, to encourage maximum cooperation in the application of the established performance standards . D. General development schemes for the plan area, which would include the locations of new highway approaches, should be identified by the land owners prior to the enactment of the 1 [J MPC Hwy 93 South Neighborhood Plan 7 performance based zoning and be incorporated as an exhibit in the adopting resolution. 1 1 ■ MPC Hwy 93 South Neighborhood Plan 8