02-08-00KALISPELL CITY -COUNTY PLANNING BOARD
MINUTES OF MEETING
�) FEBRUARY 8, 2000
CALL TO ORDER AND Jean Johnson called the meeting to order at approximately
ROLL CALL 7:04 p.m. Members present were: Jean Johnson, Rob
Heinecke, Greg Stevens, Don Garberg, Don Mann, Don Hines,
Randy Ek and Bill Rice. Brian Sipe was excused. Narda
Wilson represented the Flathead Regional Development Office.
There were approximately 2 people in the audience.
APPROVAL OF MINUTES On a motion by Mann and seconded by Rice the minutes of the
meeting of January 11, 2000 were approved unanimously, as
corrected, amending Pages 7 and 8 as follows:
Page 7 - (first paragraph) Garberg stated that he-s�l
heard the council state that the policy will probably be
changed and if so this could allow city sewer services A41 be
allew€d to this subdivision.
Page 8 - Condition # 16 - (Garberg recommended that the
condition be left in as staff wrote it with the added wording
sunless application for city services are denied by the city'),
retain this condition as per staffs recommendation adding
Garberg's recommendation, `unless application for city
services are denied by the city'.
MEADOW CREEK A request by KMTS, LLC for preliminary plat approval of
SUBDIVISION Meadow Creek subdivision, a ten -lot residential subdivision on
PRELIMINARY PLAT approximately 1.64 acres in the southwest part of Kalispell.
STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave
a presentation on staff report KPP-00-1 in which staff
recommends approval of the preliminary plat subject to 14
conditions. She stated that this is a ten -lot subdivision on
approximately 1.64 acres and generally complies with the R-4
zoning. These lots would average 6,000 square feet. The
applicants' proposal is to leave the existing roads unpaved but
would pave the cul-de-sac. It is staffs recommendation that
the roads serving the subdivision be paved in accordance with
Kalispell's subdivision regulations. Staff is recommending that
in lieu of the landscape boulevard that the street trees be
placed within the private lots because requiring a landscape
buffer between the sidewalk and the curb would require more
right of way and would reduce these lots to below the 6,000
square foot minimum lot size. Staff is recommending approval
of the variance request and preliminary plat approval subject to
conditions.
Garberg asked for clarification on the sidewalk and Wilson
explained that one of the conditions is planting the landscape
trees on the private property so that the developers don't have
to make the lots smaller to accommodate a landscape plan.
Garberg asked and Wilson answered that staff, is
� recommending that the developer be required to upgrade those
1�) roads that will service the subdivision as required under the
subdivision regulations.
Johnson asked about extending 12th Avenue West.
Wilson explained that there was some question on whether 12th
was a public right-of-way. Wilson stated that condition three
should be amended to include `that the southern portion of 12th
Avenue West be annexed into the city of Kalispell prior to the
filing of the final plat and that documentation be provided that
it is a public right-of-way or that access has been granted
through a private easement'.
Johnson asked and Wilson answered that staff if
recommending improvements to the roadway and curb, gutter
and sidewalk on the one side of the street serving the
subdivision.
Heinecke clarified that staffs recommendation would require
paving of 8th and 12th as well as the cul-de-sac, and Wilson
confirmed.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the application.
PROPONENTS Thor Jackola, 444 Sunnyside Drive, spoke in favor of the
application stating that the applicant would prefer to agree to a
waiver to an SID for future improvements to 8th Street and 12th
Avenue rather than requiring paving. The applicant felt that it
would be unfair to tax this subdivision with all of the
improvements to the roadways.
OPPONENTS Kenneth Sharp, 1300 8th Street West, asked if the developer
were building the homes or just preparing the lots for sale. He
agreed that it would be unfair of the developers to forward the
burden of the roadway improvements to the homeowners. He
stated that he felt the density was too high with ten lots, and
these little lots would not be conducive to building large homes.
He stated that because of the size of the lots, etc., this
development would likely be sold to low to middle income
people. Those would be the people that couldn't afford to add
the paving and the other amenities. He feels that a
development like that would devalue the surrounding property.
He is concerned in that this is a very quiet neighborhood and
the addition of that many homes in that small an area will do
damage to the quality of life to those already living there. He
asked that if this development were approved then he would
G request that at least an 8-foot privacy fence be required on the
west boundary. He added that when considering paving 8th
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February 8, 2000 Meeting Minutes
Page 2 of 11
and 12+h, they should consider paving to 13th.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSIONT Stevens asked Jackola if these lots were geared towards
affordable housing and was answered yes.
Garberg asked Jackola about the sidewalk requirements.
Jackola answered that the applicant did want to have a
boulevard but would like to have the sidewalk be on the private
property so that the line would stay the same.
Wilson stated that there could be liability issues associated
with having the sidewalks on private property. It is staffs'
recommendation, due to the irregularity of having public
sidewalks on private property; they should have the trees on
the private property and no landscape boulevard.
On questioning Wilson stated that a variance would be required
through the Board of Adjustment in order to have the lot sizes
decrease to less than the required 6,000 square feet. One of
the strict criteria that the Board of Adjustment would. have to
follow is that the variance would not grant them special
privilege, and that the hardship is not economic, which this
would. The subdivision variance requirements are not as strict
and they would allow a variance to put the sidewalk up against
C� the curb and the trees on the private property.
Mann asked and Jackola answered that they are proposing
that they would prepare their side of the street with curb,
gutter and sidewalk and out to mid street for paving and then
participate in an SID to complete the development of the
roadways.
Wilson stated that the subdivision regulations, requires that
any public or private street or road providing ingress or egress
to a subdivision shall meet the street design standards and
specifications. Although there may be some merits to not
having the developer pave the roads, it is good policy to have
the developer put the improvements in as part of the
development cost, this allows the future property owners to
have the then increased cost of the lots included in their
mortgage rather than have a separate assessment. Wilson
added that all of the other lots in the area are already
developed and it would be difficult to initiate an SID.
Rice questioned and Wilson answered that the request for
paving would be extending the paving on 8+h and 12th.
Johnson asked and Jackola answered that this would be a lay
down curb and the cul-de-sac would be dedicated to the City.
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February 8, 2000 Meeting Minutes
Page 3 of 11
He also asked and was answered that grinder pumps would be
put in, which would be dedicated to and maintained by the
City. Johnson asked and Jackola answered that it was their
feeling that 12+h was probably in .the city.
Hines asked and Wilson answered that over 50% of the
property owners that have frontage would have to petition the
city to initiate an SID. This street would be the access to the
subdivision.
Jackola stated that there are other stretches of streets that are
not paved in the area. The developer's would initiate an SID if
that would aid in this process.
Stevens asked and Jackola answered that it would cost around
$85 per lineal foot at about 500 feet to pave that stretch of road
with curb, gutter and sidewalk. Stevens stated that if this
subdivision, considering the number of lots, initiated an SID
then it would be enough to start one. His point is that if the
sentiment is for an SID then the current owners and the
subdivision owners would split the cost.
Heinecke stated that he does not want to see the burden
necessarily on the developer but he does not want this to go 20
years and not get paved.
Wilson answered that this is why there are regulations for
paving of the ingress and egress roads of subdivisions. Wilson
can also understand that as the last lots to be developed in the
area they would be burdened with the cost.
Heinecke stated that he wants to take advantage of the
opportunity of getting the streets paved either by SID or by the
developers, so there needs to be language to accomplish that.
Heinecke and Rice agreed that the compromise for the
sidewalks and landscaping was a good thing.
Rice suggested that they could include language to initiate an
SID and if that SID fails then the developers would be required
to make the improvements.
MOTION Garberg moved and Mann seconded to adopt staff report KPP-
00-1 as findings of fact and, based on these findings,
recommend that the Kalispell City Council approve the
preliminary plat for Meadow Creek Subdivision subject to the
14 conditions, amended as follows:
Condition 2 - include `or an SID for pavement' in the first
sentence.
Condition 3 - `that the southern portion of 12+h Avenue West be
annexed into the city of Kalispell prior to the filing of the final
Kalispell City -County Planning Board
February 8, 2000 Meeting Minutes
Page 4 of 11
plat and that documentation be provided that it is a public
right-of-way or that they have been granted access through a
private easement'.
On a roll call vote all members voted Aye. The motion to
recommend approval of the preliminary plat passed
unanimously.
ROCKY MOUNTAIN HI A request by Roy Van Deren for preliminary plat approval of the
Rid PARK PRELIMINARY expansion of Rocky Mountain Hi RV Park near Helena Flats
PLAT Road and Addison Square by adding 29 RV spaces to the
existing RV Park which has 62 RV spaces, 13 tent sites, two
rustic cabins and 18 mobile homes on approximately 17.5
acres.
STAFF REPORT Narda Wilson gave a presentation on staff report FPP-00-2 in
which staff recommends approval of the preliminary plat
subject to 18 conditions. She stated that this property stands
alone in the area with zoning of R-5. The zoning was done that
way so that the RV park would not be left non -conforming. The
applicants have gone before the Flathead County Board of
Adjustment and obtained a conditional use permit for the
expansion of this RV park. There are impacts to Spring Creek
and therefore the board deleted the RV spaces immediately
adjacent to the Creek. The reduction in spaces did not
significantly impact the proposed expansion. This is outside of
any sewer district and would be served by on -site systems. The
applicants have also obtained floodplain permits and they will
have to comply with the terms with those permits. Access is
provided off of Helena Flats Road. There is a roadway network
in the park that would serve the new lots, and would have to be
upgraded to subdivision standards.
Heinecke asked and Wilson answered that these are the same
conditions as were imposed by the conditional use permit.
Johnson asked and Wilson answered that the board could
request that the park rules be required, but it is not usual to
place that requirement since the County doesn't enforce park
rules.
Garberg asked and Wilson answered that a junk vehicle is
defined as unlicensed and inoperable.
PUBLIC HEARING? The public hearing was opened to those who wished to speak
on the application.
PROPONENTS Bob Stauffer with Schwarz Engineering spoke on the conditions
stating that there is not a need to extend to the spaces along
the creek, as they will no longer be built. The owner does not
�> have to fill any longer because of the loss of those spaces.
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February 8, 2000 Meeting Minutes
Page 5 of 11
There are park rules that substantially answer the neighbors'
concerns. They appreciate the recommendation and they agree
C� that the conditions are reasonable.
Roy Van Deren, the applicant, spoke in favor of the application,
stating that they do try to keep the creek clean. One of the
objections was increased traffic and he explained that the same
number of people would be coming in they would just be
staying if they had accommodations. They will have dust
abatement. The park was once licensed for 104 spaces but
because of the size of the rigs these days they are now down to
77.
Roland Haskill, neighbor, spoke in favor of the application
stating that he has not had any problems with the place since
the sixties when he moved in there. He is happy with the
current owners and their work to make the place look good.
OPPONENTS Marilynn Goodsell, neighbor, spoke against the proposal
stating that she has concerns over the density, increased
traffic, increased safety issues along Helena Flats Road,
concern for the length of the season, the problems with
trespassers, trash in the creek, and manipulation on the flow of
the creek. She asked that the board not recommend approval
of the expansion.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION Garberg noted that the objections by Goodsell have been
generally addressed through the conditions of approval.
Wilson explained that the 18 months is for the work to be
implemented and the conditions would have to be met prior to
the occupation of the -area. The conditional use permit
conditions would have to continue to be met as part of the
permit and zoning.
Hines asked and Wilson answered that if the FRDO no longer
existed, a complainant could go to the commissioners with
their complaints.
Wilson explained that there are permits in place to cover the
use of the creek.
Van Deren explained that a couple of years back a guest had
placed the boards at the culvert and there are no longer boards
there.
Mann asked and Wilson answered that anything that would
change the flow would not be allowed.
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February 8, 2000 Meeting Minutes
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Johnson stated that there is a host of regulations from
regulatory bodies that would cover that issue, not just
floodplain.
MOTION Garberg moved and Rice seconded to adopt staff report FPP-00-
2 as findings of fact and, based on these findings, recommend
that the Board of Commissioners approve the preliminary plat
for the expansion of the Rocky Mountain Hi RV Park subject to
the conditions as outlined in the report. On a roll call vote all
members voted Aye.. The motion to recommend approval of the
preliminary plat passed unanimously.
The board took a short break and returned at 8:45 p.m.
FLATHEAD INDUSTRIES A request by Flathead Industries for a conditional use permit to
CONDITIONAL USE allow the construction of an eight -unit apartment complex on
PERMIT the east side of Fifth Avenue West.
STAFF REPORT Wilson gave a presentation on staff report KCU-99-12 in which
staff recommends approval of the conditional use permit. She
stated that this is a joint venture with the City for handicapped
and disabled housing units. She noted that because this is for
disabled and handicapped persons, the parking is significantly
decreased from two per unit to one per four units, thus the
condition requiring that these units are used solely by the
handicapped and disabled. Staff would like to delete condition
#3 as it is covered in the design. There has been no opposition
to the project received by staff.
Mann asked and Wilson answered that there is no parking
allowed on the street. Staff is recommending that the alley be
paved to mitigate the traffic. Wilson explained that there would
be very little increase in traffic due to the type of use.
PUBLIC HEARING The public hearing was opened to those who wished to speak in
favor of the proposal.
PROPONENTS John Constenius, spoke in favor of the application stating that
there is funding from three different sources to start this
project. They have gone to particular efforts to have the design
match the neighborhood. There is little potential for the need
for parking or any increased traffic expected. There are vans
that will assist the clients and they have been coordinating with
Eagle Transit for transportation.
Peter Newman, CEO Flathead Industries, spoke in favor of the
project stating that they believe this is the best design possible
to meet their needs.
r �) No one else wished to speak and the public hearing was closed.
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February 8, 2000 Meeting Minutes
Page 7 of 11
BOARD DISCUSSION Garberg stated that this is an excellent project, he has
previously been a neighbor to Flathead Industries and they are
excellent neighbors.
Johnson asked and was answered that they agreed with all of
the conditions.
MOTION Mann moved and Hines seconded to adopt staff report KCU-99-
12 as findings of fact and, based on these findings, recommend
that the Kalispell City Council approve the conditional use
permit to allow the construction of an eight -unit apartment
complex subject to the conditions as outlined in the report and
amended by staff. On a roll call vote all members voted Aye.
The motion to recommend approval of the conditional use
permit passed unanimously.
ESI BROADCASTING A request by ESI Broadcasting for a conditional use permit to
CONDITIONAL USE allow the operation of a television broadcast station in an
PERMIT existing building located at 65 Eighth Avenue West North.
Johnson removed himself from the board due to a conflict.
STAFF REPORT Wilson gave a presentation on staff report KCU-00-1 in which
staff recommends approval of the conditional use permit
subject to seven conditions. She stated that this is an existing
building and the area is zoned light industrial. Wilson stated
l� that the regulations are somewhat dated, expecting television
-- and radio broadcasting would require some large
communications tower. This broadcast station would use
satellite dishes. The parking is the biggest challenge of this
proposal. There was one person that questioned the
application but those concerns must have been addressed as
they have not communicated further and are not at the
meeting. This project will improve the property and the area.
PUBLIC HEARING The public hearing was opened to those who wished to speak in
favor of the petition.
PROPONENTS Lynn Flemming, General Manager, spoke in favor of the
application. She stated that ESI Montana wants to add a
station to the Valley, KESI channel 21 that is oriented to the
valley. This location allows an ideal link to their microwave
tower on Lone Pine. She expressed thanks to the board and
staff for their efforts.
Jean Johnson spoke in favor. of the application stating that the
applicants want conditions three and four deleted. The
applicants are leasing the building and based on the traffic and
the cost involved they do not want to have to pave the alley.
Given that they are leasing the building, they should not have
j to paint the building. The sign and oil drums have been
Kalispell City -County Planning Board
February 8, 2000 Meeting Minutes
Page 8 of 11
removed.
�) No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION Heinecke asked and was answered that they are only renting
the west 1/3 of the building.
Johnson explained that the owner of this property also owns
the property across the street and they could use that property
for parking in order to meet the parking requirements if there
were expansion.
Mann asked why tenants should be required to meet these
parking requirements, and Wilson explained that because this
is a conditional use permit they are required to comply with
zoning and the parking condition would bring them into
substantial compliance with the zoning.
Wilson explained that because of the system that Kalispell has
currently, the only mechanism that triggers these requirements
is the conditional use permit or a building permit. This is not
necessarily a perfect system but it is the system that the board
is required to work under.
Stevens asked and Fleming answered that three of the bays
could be used for parking but they would still have to meet the
other parking requirements.
Stevens asked and Johnson answered that they could use the
bays for inside parking.
Rice stated that as a planning board they should consider good
planning and get the applicants to comply as much as possible
with zoning. But he does not see the need for paving of the
alley.
Stevens stated that it is the little guy that gets tattooed.
Stream can come in and get four million dollars from the city,
but a little guy comes in and the Board and City and County
create all of these obstacles. He has a bad feeling that they
would be creating obstacles by placing these conditions. It
should not be a new business that is taxed with improving the
City.
Garberg stated that these are tenants and should not be
required to put in capital improvements. Wilson answered that
staff is not saying that the tenants would have to make those
improvements.
Ek stated that if the landlord would make those improvements
without costing the tenants then that would be one thing. He
Kalispell City -County Planning Board
February 8, 2000 Meeting Minutes
Page 9 of 11
is against the paving of the alley.
Stevens recapped that he thinks they could use the bay doors
as access for inside parking and should not require paving of
the alley and they should not have to paint the building.
Rice stated that if it were a new building they would require
paving.
Hines asked and Wilson answered that it is required that all
parking areas be paved.
PJ Sorensen, Kalispell Zoning Administrator, stated that they
have applied the policy by requiring paving at the time that a
building permit or conditional use permit comes in. He stated
that the condition doesn't set who would pay for it.
Ek asked and Sorensen answered that the sole egress is
through the alley and that. is why the paving is in the
conditions.
Johnson stated that there is a 12-foot concrete apron out of a
35-foot area, in reality these people will not open these big
doors in order to park inside.
Stevens stated that there could be a turn around area.
Wilson stated that there are options to change the conditions of
approval. The board could delete the recommendation to pave
the alley or pave a portion of the alley adjoining the property.
Hines asked and Fleming answered that the owners have not
agreed to the cost of paving.
MOTION Mann moved and Heinecke seconded to adopt staff report KCU-
00-1 as findings of fact and, based on these findings,
recommend that the Kalispell City Council approve the
conditional use permit to allow the operation of a television
broadcast station subject to the conditions, amended as
follows:
Delete conditions three and five.
On a roll call vote: Garberg, Hines, Stevens, Mann, Ek and
Heinecke voted Aye. Rice voted No. The motion to recommend
approval of the conditional use permit passed on a vote of six in
favor and one opposed.
Johnson returned to the board.
OLD BUSINESS The recording secretary forgot the certificate for Brenneman
and will have it at the next meeting.
Kalispell City -County Planning Board
February 8, 2000 Meeting Minutes
Page 10 of 11
There will be a workshop on the Growth Plan on February 14+h.
NEW BUSINESS No new business was presented.
ADJOURNMENT / The next regular meeting will be March 14, 2000 at 7 p.m. The
meeting was adjourned by motion at approximately 9:50 p.m.
Jean A. son, President ricia La e, Recording Secretary
Approved as submitted/corrected:/ /00
Kalispell City -County Planning Board
February 8, 2000 Meeting Minutes
Page 11 of 11