Resolution 5329C - NOT ACTED ON -Rejecting Growth Policy Amendment - Highway 93 South/Siderius Commons12/1/2008: NOT ACTED ON
RESOLUTION NO. 5329C
A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH
POLICY 2020.
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 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 Kalispell Growth Policy 2020 currently designates this area as I-11-1, 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 9KGPA-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 9KGPA-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, 2008, and
WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public
hearing on November 17, 2008, 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, the City Council of the City of Kalispell finds that it is not in the best interest of the
City to amend the Kalispell Growth Policy 2020, as recommended by the Kalispell
City Planning Board, said proposed amendment consisting of including
approximately 550 acres in the Kalispell Growth Policy Future Land Use Map and
assigning an appropriate land use upon annexation to the city for the following
reasons:
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
hereby rejects the amendment that was the subject of the Kalispell Planning
Department report #KGPA-08-1 and recommended by the City Planning Board to
the Kalispell Growth Policy 2020.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2008.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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 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.