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Resolution 5329A - Adopting Growth Policy Amendment - Highway 93 South/Siderius Commonsir 11 q I Iis A IUSOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020, TO BE KNOWN AS THE HIGHWAY 93 SOUTIUSIDERIUS COMMONS GROWTH POLICY AMENDME11T. WHEREAS, the Kalispell Growth. Policy 2020 was originally adopted by the Kalispell City Council on February 18, 2003, 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 West, 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 Denzersville 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-1 H, Might 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, on November 3, 2008, passed Resolution 5320, a Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the Kalispell Growth Policy 2020 and called for a public hearing to be held on November 17, 2005, and WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public hearing on November 17, 2005, and received five (5) public comments on the recommendations of the City Planning Board and the 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, based upon the recommendations of the Kalispell Planning Board, as well as considering the evidence provided by oral and written public comment, the City Council of the City of Kalispell finds that it is in the best interest of the City to amend the Kalispell Growth Policy 2020, pursuant to the recommendations of the City Planning Board and adopts as its findings Kalispell Planning Department report KGPA-08-1, said amendment as set forth in the attached Exhibit "A" consisting of text and reap and including approximately 550 acres in the Kalispell Growth Policy Future Land Use Map. COUNCIL11114OW, THEREFORE, BE IT RESOLVED BY THE CITY OF / KALISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1- 604, MCA, the City Council of the City of Kalispell hereby adopts an amendment to the Kalispell Growth. Policy 2020, said amendment as set forth in the attached Exhibit "A" consisting of text and map and including approximately 550 acres in the Kalispell Growth Policy Future Land Use Map and with appropriate land use assigned upon annexation to the city. SECTION II. This Resolution shall become effective immediately upon its passage by the City Council. CITY OF KALISPELL, THIS 1ST DAY GP ATTEST: Theresa White City Clerk EXHIBIT "A" LEGAL DESCRIPTION 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 Demersville Road. The boundary then continues north along Dernersvile 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 Nest.