11-12-02�l
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KALISPELL CITY PLANNING BOARD & ZONING
MINUTES OF MEETING
NOVEMBER 12, 2002
CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and
CALL Zoning Commission was called to order at 7:00 p.m. Board
members present were: Sue Ellyn Anderson, `Mark Brechel,
Ron Van Natta, Bonnie Spooner and Jim Atkinson. Bill Rice
and Jean Johnson were absent. Narda Wilson represented
the Tri-City Planning Office. There were approximately 22
people in the audience.
APPROVAL OF MINUTES Atkinson moved and Anderson seconded to approve the
minutes of the Kalispell City Planning Board meeting of
October 8, 2002 as submitted.
On a vote by acclamation the motion passed unanimously.
CHILD DEVELOPMENT A conditional use permit request by Child Development
CENTER CONDITIONAL Center to allow the operation of a community residential
USE PERMIT facility for eight or fewer people on property zoned R-3,
Residential at 40 E. Nevada Street.
STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a
#KCU-02-7 presentation of staff report KCU-02-7, a conditional use
permit to allow a community residential facility for short-
term residential care. This use is proposed in an existing
single-family home. The home will be licensed and operated
in accordance with the . State of Montana Public Health
Department for group homes. Child Development Center
(CDC) is a private non-profit organization which provides
services for children who are considered to be "at risk" for
having or who have been diagnosed as having a
developmental disability or delay and provides what is
termed a "respite home." Wilson noted response she received
an inquiry from one property owner and a letter of opposition
from another. The letter was handed out that had a list of
concerns and she mentioned a phone inquiry, which was
neutral. She noted that community residential facilities for
eight or fewer people are specifically addressed in the state
zoning statutes that gives them a special status stating that
they are considered a residential use of property for zoning
purposes. Staff recommended granting the conditional use
permit subject to the conditions listed in the report.
Brechel asked and Wilson answered that the conditional use
permit process was intended as a forum for information to
the public but that the board and council could not deny the
permit because of the special consideration given to them
under the state statutes.
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 1 of 14
Brechel asked and Wilson. answered there would be a
maximum of eight group home members plus the resident
staff and possible family.
Atkinson asked if this was supplanting the Child
Development Center on 4th and loth.
APPLICANT/AGENCIES
Sue Motes -Conners spoke on behalf of the Center. She said
she is the Director of the Center at 4th and loth and this was
not supplanting it, this application would provide additional
services to families with developmental disabilities. She
noted the center currently provides a respite home east of
the Flathead River on Panoramic Drive and it would be
relocated to the new site.
PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
PROPONENTS/OPPONENTS
Josh Sonju, 45 E. Nevada St., spoke in opposition of the
proposal. He said his family lived directly north, across the
street and they found the area desirable for families because
of the proximity to downtown, the school close and Lawrence
Park it. He said the neighborhood demographic older. The
reasons they chose this house was because of those reasons
and the good neighborhood upkeep. He also noted that
because it is zoned residential and is a low traffic area. He
asked Motes -Conners what the maximum number of
occupants would be.
Motes -Conners .explained that to provide adequate care it
was not possible to provide the level of supervision needed to
any more than three or four people at a time and impossible
to accommodate eight, but that was house the license is
structured.
Sonju noted concerns, such as increased traffic volume
around small children, pedestrian volume and increased
noise. He said he noticed the encroachment of businesses in
residential zones, especially on the east/north side of town
and thought it diminished property values. He thought this
type of organization across the street would diminish their
property value and thought there were other better suited
areas of Kalispell that could be used instead of residential
zones. He realized this was good for the people who provided
this type of service, but felt it was a commercial type venture
and believed it needed to be in an area zoned for commercial
type business.
Steve Funke, 578 1st Ave EN, said he was the neighbor to the
south. He asked if the house would be occupied by the
owners or just be a place of business for staff.
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 2 of 14
Motes -Conners explained they had professional providers
and this would be a residence for them, but the property
would be owned by Child Development Center.
Funke asked if it was funded by the state and Motes -
Conners said the house was an asset of the agency.
Funke asked if part of their budget was facility maintenance
and she said, yes. They wanted it to blend in and be a part
of the community, not just a business.
No one else wished to speak and the public hearing was
closed.
MOTION
Atkinson moved and Brechel seconded to adopt staff report
KCU-02-7 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be granted
subject to 3 conditions, as recommended by staff.
BOARD DISCUSSION
Atkinson said he once lived across from a group home when
his children were younger and they were wonderful people
who helped shape the lives of his sons. He said they didn't
have a lot to fear. As for the traffic, there was traffic all over
whether there was a group home or not. He encouraged
them to embrace the opportunity to meet some special people
and to welcome them into the neighborhood. He noted their
concerns were excellent checks and balances for the home
and wished them well.
Van Natta said he had been involved with several group
homes and there was always concerns on the part of the
neighborhood. He explained that state statute allowed them
in residential neighborhoods and thought it was needed in
the community. He said he would vote for it.
ROLL CALL
The motion passed unanimously on a roll call vote.
ANN BUKACEK / CHURCH
A conditional use permit request by Anne Bukacek to allow
CONDITIONAL USE PERMIT
the operation of a church on property zoned R-3, Residential,
converting an existing single-family home into a church
located at 410 Arizona Street and the addition of
approximately 5,00 feet.
STAFF REPORTS
Narda Wilson, of the Tri-City Planning Office, gave a
#KCU-02-8
presentation of staff report KCU-02-8, a conditional use
permit to allow the conversion of an existing single-family
home into a church and to build a small addition onto the
house to the north where a small garage currently exists.
The existing building contains approximately 1,500 square
feet. The new portion of the building will replace the garage
and add approximately 400 to 500 square feet. There are
a rox. ately 20 to 40 people that would attend the church
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 3 of 14
on Saturdays for two to four hours and again on Tuesday
and Thursday evenings from two to four hours. Other typical
incidental uses of the church would also be anticipated such
as special occasions and group meetings. Wilson noted two
inquiries from neighbors, but no comments in favor or
opposition. Staff reviewed the findings of fact and
recommended the' conditional use permit be granted subject
to conditions.
Atkinson asked how far away the credit union was and
Wilson answered a couple of blocks.
Atkinson thought it was the objective of this board and the
City Council to develop sidewalks when they had an
opportunity. He asked if that addressed and Wilson said, no.
Atkinson asked if this would qualify for the program where
the City pays half and Wilson said that was only for the
replacement of existing sidewalks.
APPLICANT/AGENCIES Ann Bukacek, 518 Crestview Rd., said they were exited
about starting a church and the opportunity to have their
own place. She said they were peace loving people and easy
to get a long with. She hoped it would all work out.
Atkinson asked if the church considered sidewalks as an
extra expense or possibility and Bukacek said if iit sounded
like they didn't have a choice, they would do it.
Spooner asked how busy the church would be and Bukacek
said it would be two to four hours on Saturday and two to
four hours on Tuesdays and Thursdays. She said they
wanted to have it open for prayer on Wednesday and Friday,
but she wasn't sure. She thought the most it would be open
would be six hours a day mostly for prayer.
Spooner asked what hours and Bukacek answered daily from
10:00 to 3:00, but she didn't know what the interest would
be for open prayer and a couple hours on Tuesday and
Thursday evenings.
Spooner was concerned about traffic and parking because of
it being a residential area. Bukacek thought the number of
people who would come for prayer would be minimal.
Spooner wanted to make sure the residents who used the
street for parking were not being infringed upon. She also
wondered if the location could support future growth.
Wilson mentioned they had twice as much parking as
required for this zoning and thought they would have to
experience substantial growth for it to be a problem. She
added that if there was further expansion they would have to
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 4 of 14
come back before the board.
Spooner asked about evening hours and Bukecek said they
would comply with whatever the board asked.
PUBLIC FEARING The public hearing was opened to those who wished to
speak.
PROPONENTS I No one wished to speak.
OPPONENTS Lance Junjak, 427 W. Colorado, spoke in opposition to the
proposal stating concerns about no buffer zone and added
noise and traffic. He said there wasn't any substantial
fencing or trees and traffic would be poured onto Colorado,
which was a steep hill with a blind spot. He wanted more
explanation on the healing rooms and wondered if they
would be medical in nature and treating sick people. He
noted parking concerns, with only 15 parking spots and 5
people per car it was not enough to accommodate special
occasions, such as a wedding. He said that instead of one or
two times a week they wanted a daily thing with the healing
rooms and wanted more information on that. He mentioned
the side corner set backs and didn't think there was enough
room on the south side between the building and the
roadway for more parking. He thought that there could be a
higher number of people attending than the stated 20 to 40
and wondered how large they would grow.
Helen Manion, 330 W. Colorado, spoke against the proposal.
She said she lives directly across from their driveway.
Manion handed a petition, signed by the residents on
Colorado, to staff. She asked who would occupy the house
and stated concerns about parking, traffic, and the severe
turn onto Colorado off the highway.
Rose Cummings, 348 W. Colorado, said she lives directly
across from the main entrance and was worried about the
steep entrance and exit. She said she has watched people
try to get up it in the winter and was mainly worried about
when it's icy. She said the other entrance wasn't good either
because it was not on Arizona, but off the highway.
Rose Berger, 340 W. Colorado, said she had witnessed
several accidents because of the steep incline of the driveway
and she also had concerns about parking. She said Colorado
was very narrow and she backed out and hit a car once
because she couldn't see it. With 20 to 40 people or more,
plus weddings, she thought people would have to park along
Colorado and felt there would be even more accidents.
Bukecek addressed the issue of healing rooms. She said she
is a medical doctor, but this was totally separate, that these
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 5 of 14
were people who wanted to be prayed for, for whatever
problem. She didn't know how many would come. As for
parking, if they needed to develop more space they would
and if there wasn't enough parking for weddings they
wouldn't do them. She said they were peace loving people
and wouldn't do anything that negatively impacted the
neighborhood. She said there would be two healing rooms
and noted they .were affiliated with the Spokane site and
received training and guidelines from them.
No one else wished to speak and the public hearing was
closed.
MOTION
Brechel moved and Atkinson seconded to adopt staff report
KCU-02-8 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be granted
subject to the four conditions set by staff, adding condition
#5 that sidewalks be put in place.
BOARD DISCUSSION
Brechel thought there was plenty of parking and that
churches were.* generally located in residential areas,
however, he thought they should require sidewalks.
Anderson said she lives across from a church and has not
seen any accidents. She said parking was an issue,
especially on Sunday, but traffic moved. She sympathized
but found the problems minimal, saying it was more of an
inconvenience.
Atkinson asked about the turn from Hwy 93 south onto
Colorado and if there was a stop sign on Hwy 93. Wilson
said, no.
There was a brief discussion regarding the issue of sidewalks
and it was concluded that consideration be taken by the City
Council to include sidewalks.
MOTION (AMENDMENT)
Atkinson moved and Spooner seconded to amend condition
#5 to read; consideration be taken to place sidewalks on all
areas that abut a street.
ROLL CALL (AMENDMENT)
The amended motion passed with 4 in favor and 1,
Anderson, voting in opposition.
ROLL CALL (MAIN MOTION)
The main motion passed unanimously on a roll call vote.
KEN MAKLOSKI
A request by Ken Makloski for an initial zoning designation of
INITIAL ZONING UPON
B-2, General Commercial, upon annexation to the city of
ANNEXATION
Kalispell on 1.286 acres located on the west side of Hwy 93
near the southern end of the Kalispell Airport.
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 6 of 14
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STAFF REPORT
Narda Wilson, of the Tri-City Planning Office, gave a
#KA-02-13
presentation of staff report KA-02-13, a request for City B-2,
a General Business zoning district, which is similar in intent
and the types of allowable uses as the County B-2 zoning,
upon annexation to the city. The B-2 district is intended to
provide areas for retail sales and services which might
require outdoor displays of merchandise and would service
the general needs of the motoring public. The B-2 areas in
the City are typically located along major transportation
corridors. Staff reviewed the statutory criteria and
recommended that the initial zoning for the property be B-2,
General Business, upon annexation.
Atkinson asked and Wilson answered that City services were
available to the property from the west along the runway.
APPLICANT/AGENCIES
Tom Sands, of Sands Surveying, stated that Wilson covered
everything and he was there to answer any questions.
Ken Makl.oski said they were hoping to bring in city services,
which were already within 100 feet.
PUBLIC HEARING
The public hearing was opened to those who wished to
speak.
PROPONENTS
No one wished to speak.
OPPONENTS
No one wished to speak and the public hearing was closed.
MOTION
Anderson moved and Spooner seconded to adopt staff report
KA-02-13 as findings of fact and recommend to the Kalispell
City Council that the initial zoning for this property should
be B-2, General Business, upon annexation.
BOARD DISCUSSION
Atkinson asked if it would have any effect on what seemed to
be an island tolhe north and Wilson said, no.
Van Natta asked if it was ceasing to be a church and Wilson
said, no, that was a different issue and that the property
owner was going to build a new building on the site to the
west of the church.
ROLL CALL
The motion passed unanimously on a roll call vote.
GLACIER VILLAGE GREENS
A request by Owl Corporation for an initial zoning
PHASE 12 ANNEXATION
designation of R-4, Two -Family Residential upon annexation
AND INITIAL ZONING
into the city of Kalispell for Phase 12 of Glacier Village
Greens on 0.604 acres and is located on the north side of
Ritzman Lane between Palmer Drive and E. Nicklaus Drive.
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 7 of 14
STAFF REPORT
Narda Wilson, of the Tri-City Planning Office, gave a
#KA-02-11
presentation of staff report KA-02-11, which evaluates the
appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Interim
Zoning Ordinance. The Kalispell City Council has annexed
all other phases of the Glacier Village Greens development in
previous actions and assigned a zoning designation
consistent with the R-4 that is being requested for this
property. This property will be annexed under the provisions
of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation
by Petition. Staff reviewed statutory criteria and
recommended adoption of an R-4, Two -Family Residential
zoning designation, upon annexation.
Atkinson asked if there would be a turn -around area or if the
road would go through and Wilson answered that the road
already went through.
APPLICANT/AGENCIES
Tom Sands, of Sands Surveying, explained the reason for
expediting Phase 12 now was so they could build an
office/model home complex on a lot closer to the clubhouse
to keep the traffic away from the residential homes. He said
this would bring the traffic flow next to the clubhouse and as
long as they were doing that they needed to fill in the gaps.
He noted they had extended the width of the lots by 6 to 8
feet, and said they have tried to buffer a little from the
residential houses along Ritzman.
PUBLIC FEARING
The public hearing was opened to those who wished to
speak.
PROPONENTS
No one wished to speak.
OPPONENTS
No one wished to speak and the public hearing was closed.
MOTION
Spooner moved and Atkinson seconded to adopt staff report
KA-02-11 as findings of fact and recommend to the Kalispell
City Council that the initial zoning for this property should
be R-4, Two -Family Residential, upon annexation.
BOARD DISCUSSION
There was no board discussion.
ROLL CALL
The motion passed unanimously on a roll call vote.
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 8 of 14
GLACIER VILLAGE GREENS A request by Owl Corporation for an initial zoning
PHASES 14 THROUGH 22 designation of R-4, Two -Family Residential upon annexation
ANNEXATION AND ZONING into the city of Kalispell for Glacier Village Greens Phases 14
thru 22 on 29.524 acres located near the northern portion of
the Glacier Village Greens golf course.
GLACIER VILLAGE GREENS A request by Owl Corporation for preliminary plat approval of
PHASES 14 THROUGH 22 Glacier Village Greens Phases 14 through 22, creating 177
PRELIMINARY PLAT lots for single family and duplex townhouses in the northern
portion of the Glacier Village Greens Golf Course on 29.524
acres.
STAFF REPORTS Narda Wilson, of the Tri-City Planning Office, gave a
KA-02-12 AND presentation of staff reports KA-02-12 and KPP-02-7, which
KPP-02-7 evaluates the appropriate assignment of a City zoning
classification in accordance with Section 27.03.010(4) of the
Kalispell Interim Zoning Ordinance. Also, a request for
preliminary plat approval of a 177 lot residential subdivision
on approximately 29.524 acres in the Glacier Village Greens
development. This property is proposed for annexation into
the city of Kalispell concurrent with the preliminary plat and
to be given a zoning designation of R-4, a Two -Family
Residential zone. The subdivision would plat theremaining
phases of the Glacier Village Greens development and be
developed in phases over a period of time depending on the
market. Overall there will be 55 single-family . homes and
122 townhouses developed in 9 phases. Staff reviewed
report KA-02-12 and recommended adoption of the findings
and the R-4, Two -Family Residential zoning, upon
annexation. Staff further recommended adoption of the
findings of staff report KPP-02-7, to grant a variance to
secondary access. Staff also recommended adoption of staff
report KPP-02-7 and approval of the preliminary plat subject
to conditions.
Wilson further explained that the Public Works Department
has requested geo technical analysis be made of the slope
areas to the north and west to insure stability on the slope
and to identify any potential failure areas.
Brechel asked about paving the 20-foot emergency easement
and Wilson said they would use alternative types of
compaction to provide stability for fire trucks rather than
traditional paving. She said the developer was working with
the fire marshal on different options. She added that it
would need to be signed "emergency access only".
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 9 of 14
APPLICANT/AGENCIES Mark Owens stated he would like to go forward -with the
project and encouraged the board to give them favorable
consideration of the project. The noted they are in
agreement with the staff report.
PUBLIC HEARING The public hearing was opened to those who wished to
speak.
PROPONENTS Erica Wirtala, of Sands Surveying, spoke on behalf of Owl
Corp. stating the number of school children estimated was a
best guess. She said that because Village Greens is a golf
course there were approximately 8 to 12 children at present
and estimates of 40 to 50 school children might be high. She
said they took that same number into consideration when
working with the park, which is why they didn't create
additional parkland dedications and thought the existing
parkland was more than adequate. She said there are plans
for a recreation center. Wirtala clarified condition # 15 and
offered some alternative wording, that preliminary approval
for each phase be valid for a period of three years from the
date of each approval.
OPPONENTS Paul Price, 224 W. Nicklaus Ave., said he was in favor of the
proposed_ annexation but against certain areas of the plat as
proposed. He said he was against Lots 3 thru 8 in Phase 16.
He said there were two natural drainages and he had
concerns about storm water, mudslides, and slough -off. He
thought if they opened it up and increased the angle of slope
they would have a bad situation. Other than that he thought
it looked good. He found the park recommendation weak for
adding number of lots proposed and asked what was done
with the money in lieu. He said there were not many
children but the older people liked to use the park areas too.
He thought it would be good to take the money in lieu and
put in a nice restroom and wean away from the port -a -potty.
Gary Schand, 402 Kings Way, spoke in opposition of the
proposal. He understood that when they first put in the golf
course there was a portion along the river that was never to
be developed. He said it was a bird refuge and were always
told it would never be bothered, which effected Lots 1BD,
1BC, 1BB, 1BA, and 1BE to the east. He stated that the
developer came in and mowed out all the brush 12 to 15 feet
from where they were building. He said this was wetland
and no habitat can come in now because they came in and
backfilled where the brush was and completely destroyed 5
or 6 acres of wildlife habitat that had been there for years.
He thought they should have looked at it prior to doing this
and stated that animals don't have voting rights. He thought
it would have been a nice buffer zone. He said they were
trading a lot of commercializing for wildlife and where they
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 10 of 14
once were protected they now don't have any place to go. He
didn't think it was necessary and was astonished that they
mowed all except a 20-foot fringe on the water line.
Angie Kruckenberg, 1116 Sunnyside Dr., stated that the old
master plan said we were to protect wildlife, fish and fowl in
the Flathead Valley. She said that if we eradicate the places
where these animals live we are destroying the best times of
everyone's lives. The old plan says do not destroy the
habitat, it's important. She wondered if it was because we
were in between an old growth plan and a new one that we
were allowed to do this. She said we should protect the
natural habitat we have around us.
No one else wished to speak and the public hearing was
closed.
MOTION
Atkinson moved and Anderson seconded to adopt staff report
KA-02-12 as findings of fact and recommend to the Kalispell
City Council that the initial zoning for this property should
be R-4, Two -Family Residential, upon annexation.
BOARD DISCUSSION
Atkinson commented on the points that were brought up,
especially the slope. He asked if engineering had problems
and Wilson said that was the purpose of condition #4 and
the geo-technical analysis. Atkinson asked what would
happen if they found the slope to be inadequate and Wilson
said the lots would have to be eliminated.
Atkinson asked if it was determined if that was a wildlife
refuge and Wilson said, not to her knowledge. She said the
board could add language to the conditions of approval
addressing that issue, essentially stating that any wildlife
habitat disturbed along the Whitefish River during
construction be re-established along with Montana
Department of Conservation and Montana Fish & Wildlife's
best management practice in re -vegetating those areas.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Atkinson moved and Brechel seconded to adopt staff report
KPP-02-7 as findings of fact and recommend to the Kalispell
City Council that the variance to secondary access be
granted subject to conditions that require secondary
emergency access to be developed in accordance with the
Fire Marshall's recommendations and additional hydrants be
placed within the subdivision as required to meet the
uniform fire code.
BOARD DISCUSSION
There was no board discussion.
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 11 of 14
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Atkinson moved and Anderson seconded to adopt staff report
KPP-02-7 as findings of fact and recommend to the Kalispell
City Council that the preliminary plat be approved subject to
15 conditions, as recommended by staff.
BOARD DISCUSSION
Atkinson asked if staff had any problem with changing
condition # 15 and Wilson said it should read, with a three
year extension on each phase of the plat as it is filed.
Wilson also recommended two additional conditions; one,
that the 100-year flood plain be delineated on the final plat
and two, if the board wished, that they address the
reestablishment of the wildlife habitat that was disturbed
during construction.
Brechel asked her to explain delineating the 100-year flood
plain and Wilson said, so they know where it is.
Van Natta commented on the eastern lots that were wildlife
habitat. He said that if they build townhouses they would
not be able to reestablish the entire area. Wilson deferred to
Mr. Sands.
Sands stated they were not arguing it was wildlife habitat
because any area that is brush is wildlife habitat. He
addressed the floodplain issue stating it was not in the
floodplain. He said they went through it with a fine-tooth
comb and the floodplain map shows it is right at the rivers
edge. He said it's not in a wetland area, but a thick, brushy
area that was a protection area between the Kings Loop area
and the Whitefish River. He said things change and they
have to deal with the loss of habitat and what people do with
their back yards. The properties in Village Greens were
cleaned up alongside the banks and most people were re -
vegetating. He said they opened up the west side and it was
not 6 acres, but closer to an acre and a half that had been
disturbed. He noted the back slopes of the fill areas would
maintain cautious fill for drainage.
MOTION (AMENDMENT)
Atkinson moved and Anderson seconded to amend condition
# 15 to read, with a 3 year extension for each phase of the
final plat as it is filed.
BOARD DISCUSSION
Van Natta commented that meant they could have 20 years
of extensions. Wilson agreed.
ROLL CALL
The amended motion passed unanimously on a roll call vote.
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 12 of 14
MOTION (AMENDMENT)
Atkinson moved and Anderson seconded to add condition
# 16 to read, the 100-year flood plain be delineated on the
final plat.
BOARD DISCUSSION
Atkinson commented that it was not to determine whether it
was in or out of the flood plain, but thought it good planning
to have designations involved in the final plat.
ROLL CALL
The amended motion passed unanimously on a roll call vote.
BOARD DISCUSSION
There was a lengthy discussion on the re -vegetation of
wildlife habitat .along the river.
Mr. Owens stated this was not an established wildlife refuge
and they needed to be careful. He said that using words like
re -construct or re-establish implied they created a problem
by removing the brush. He offered that if they wanted the
appropriate entities to review it they could let them make the
decision as to what had to be done down the road. Wilson
agreed.
The board discussed a possible amendment to add a
condition # 17 regarding re -vegetation and it was concluded
that management standards were not regulatory, however,
they could build on condition # 14. Mr. Sands stated there
was a Streamline Protection Act that had rules for 20-feet of
the high water mark, but no rules beyond that and nobody to
enforce it.
Mr. Owens stated they had not touched anything within 20
plus feet of the river. He said that one guy's wildlife refuge is
another man's brush pile.
It was concluded there would not be a motion.
Van Natta asked if they needed to mention specific lots for
the geo-technical analysis and Wilson thought they needed to
keep it more general in this case.
ROLL CALL (MAIN MOTION)
The main motion. passed unanimously on a roll call vote.
OLD BUSINESS
Atkinson announced he would not be able to make it to
tomorrow night's workshop.
NEW BUSINESS
Wilson commented on the reason for including Ordinance
No. 1435, the establishment of planning board members'
terms. She offered to send a letter asking members to
reapply. She said that with the board's concurrence she
would write a memo to the City Council or City Attorney
asking that all terms be extended until April rather than
December and that Council member terms come due in two
Kalispell City Planning Board
'Minutes of the meeting of November 12, 2002
Page 13 of 14
U
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years.
Van Natta commented that he would like to see everyone
stay together for the growth policy.
Wilson said the December agenda was really quiet with only
one or two applications.
ADJOURNMENT
The meeting was adjourned at approximately 9:40 p.m. The
next meeting of the Kalispell City Planning Board and Zoning
Commission will be held on Tuesday, December 10, 2002.
&7/
Ron Van Natta, Chairman of the Board 4ebbieWill' , Zcorg ecr
APPROVED as ubmitte / corrected: / ,2\ /_A:9 / 02
Kalispell City Planning Board
Minutes of the meeting of November 12, 2002
Page 14 of 14