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Resolution 5320 - Resolution of Intention & Call for PH - Highway 93 South/Siderius Commons Growth Policy AmendmentRESOLUTION NO, 5320 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT AN AMENDMENT TO THE RALISPELL GROWTH POLICY 2020 TO AMEND THE DESIGNATION OF PROPERTY LOCATED WITHIN SECTIONS 29 AND 32, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, AND TO CALL FOR A PUBLIC FEARING. WHEREAS, the Kalispell Growth Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003 by Resolution No. 4773; and WHEREAS, the Siderius Family Limited Partnership formally requested a growth policy amendment on 207 acres within Sections 29 and 32, Township 28 North, Range 21 Nest, 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 Ashley 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 WHEREAS, the Kalispell Planning Board, upon considering the Siderius Family Limited Partnership request, reviewed the entire Highway 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 Road, west of Dernersville 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 Kalispell Growth Policy 2020 currently designates this area as I-1H, Light Industrial -Highway; SAG-10, Suburban Agricultural; SAG-5, Suburban Agricultural; AG-80, 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 in 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 comment 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 jurisdiction; and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed amendment, the Kalispell City Planning Board, adopted report #KGPA-08-1 as the findings of fact and recommended approval of the proposed Growth Policy amendment; and WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the proposed Growth Policy Amendment and the recommendations of the Kalispell City Planning Board, and adopt a Resolution of Intention to Adopt, Revise or Reject the Proposed Amendment to the Kalispell Growth Policy 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 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 28 North, Range 21 West, Flathead County. SECTION II. The City Council will hold a public hearing on the proposed growth policy amendment on November 17, 2008, at 7:00 p.m. in the City Hall Council Chambers located at 201 First Avenue East, Kalispell. SECTION IIL At the regular meeting of December 1, 2008, the City Council will consider Resolutions to Adopt, Revise, or Reject said proposed amendment. SECTION IV. The City Clerk is authorized and directed to give notice of said public hearing notice 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 NOVEMBER, 2008. ATTEST: Theresa White City Clerk 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 reaps. 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 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 Dernersville Road. The boundary then continues north along Dernersville 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.