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01-12-99l ` KALISPELL CITY -COUNTY PLANNING 'BOARD MINUTES OF MEETING JANUARY 12, 1999 CALL TO ORDER AND The meeting was called to order by at approximately 7:03 p.m. by ROLL CALL Steven Kountz, Senior Planner representing the Flathead Regional Development office. Members present were: Joe Brenneman, Donald Garberg, Rob Heinecke, Greg Stevens, Jean Johnson, Don Hines, Keith Brian Sipe, and Don Mann. There were approximately 34 people in the audience. SEATING OF NEW Two new members, Don Mann and Keith Brian Sipe, were MEMBERS welcomed to the Board. ELECTION OF Rob Heinecke nominated Jean Johnson for President. The Board OFFICERS voted unanimously to elect him and Jean Johnson took the seat. Garberg nominated and the Board voted unanimously to elect Greg Stevens as Vice President. APPROVAL OF On a motion by Heinecke and seconded by Garberg, the minutes MINUTES of the meeting of December 8, 1998 were approved with the following correction: Milt Carlson suggested creating a form for public input on the text of the master plan and Heinecke cited that he was in favor of that. The motion passed unanimously. PUBLIC COMMENTS ON Steve Kountz gave a brief overview of the plan and explained that THE KALISPELL CITY, some of the aspects of the plan is that it is a general, advisory, COUNTY MASTER PLAN comprehensive, long range plan. He also notified the public of the next public comment meeting. The meeting was then opened to the public for comments on the Kalispell City County Master Plan update. Richard Kuhl, 867 North Main Street, Kalispell, spoke in favor of the master plan but believes there are loopholes in regard to the floodplain. He believes there should be a blanket statement that nothing would be allowed in the 100 year floodplain that would hinder the flow of water or lead to dikes etc. within the floodplain. He would also like to see a 7th recommendation included, on page 26, to update accurate floodplain maps within the next 2 years. Art Thompson, of the airport advisory board, stated his concerns that there were no specific notes in the master plan about the airport. 1. There is a master plan study in the works for the airport. 2. There is already a Neighborhood Plan and a TIF district that surround the airport that should be mentioned in the Master Plan. 3. He requests something related to the fact that the airport is a Kalispell City County Planning Board Minutes of meeting January 12, 1999 Page 1 of 6 public facility having a significant economic impact on the community be mentioned in the Master Plan in paragraphs on transportation, the economy and land use. Jon Dahlberg, area manager for the Department of Natural Resources and Conservation, wanted to bring it to the attention of the board that a plan for the future use of the property owned by the state [section 36, where the ball parks are located], is proposed and they will be having a workshop regarding that proposal later in the meeting. Mayre Flowers, for Citizens for a better Flathead, stated that the group is working on detailed comments for the Board regarding the Master Plan for a future public comment meeting. She also circulated a flyer for a workshop, they are sponsoring, to the board. That workshop will be Jan 29th at Cavenaugh's. This will include a study that will show the land use, tax dollar services ratio, and some speakers. Reservations are requested, but not required. Russell Crowder, 2868 Lower Lost Prairie Road, representing Montanans for Property Rights is concerned over the cost of living versus the minimum wage and its connection to the valley's government control of private property. He noted that in the State of Montana only 11% of the property is affordable to 70% of the population. He noted that he believes the problem is the creation of second class citizens through land use planning. He noted that the planning board should not allow racial or economic exclusion on the use of any land. He noted his concern over FRDO setting the agenda, in that the agency setting the agenda has power over the outcome of the meeting. He asked that the planning board review the master plan and believes it conflicts with several of the city and county plans and regulations, and he would like to see affordable housing defined as the average wage earner being able to purchase land or housing of their own, not Low Income Housing. There were no other public comments. BOARD DISCUSSION Joe Brenneman asked Mr. Crowder about minimum wage purchasing in a regulated area versus a non regulated area. Crowder believes that the land in a non regulated area would be much more affordable. Johnson explained to the audience that the master plan is a community document and it is the public input that will determine how the final document reads. Kalispell City County Planning Board Minutes of meeting January 12, 1999 Page 2 of 6 MOORE ZONING MAP The first public hearing was introduced on a petition by Janae AMENDMENTS Moore, et al to rezone approximately .96 acres located on the east side of First Avenue E.N. between Washington and Oregon Streets, at the following addresses: 351,365, 373, 377, 381 and 395. Staff Report Steve Kountz, FRDO, presented a summary of Staff Report #KZC- 98-6, recommending that the planning board and zoning commission adopt the report and recommend the approval of the requested zone change from RA-1 to RA-3. He presented 3 letters in favor and 2 against the zone change out of 6 property owners. Public Hearing: The public hearing was opened to the audience in favor of the proposed change. Proponents The applicant, Janae Moore, spoke in favor of the proposal and noted that there are 4 property owners in favor and 2 against the zone change. Lou Stone, 303 9th Avenue, Co -petitioner, spoke in favor of the petition. She is looking at the lot for purchase for a clinic and this lot would include off street parking. The area also has a scattering of small businesses. Janene Lembke, 1325 4th Street West, spoke in favor of the petition by agreeing with the previous proponents. Opponents Karen Olson, 373 1st Avenue E.N. spoke against the zone change and is concerned about the economic viability of the area. No one else spoke against the petition. Board Discussion The board discussed spot zoning and concerns over transitional zoning, and mixed use zoning and gave their views on this request for a zone change. Motion Stevens moved and Heinecke seconded that the Kalispell City - County Planning Board and Zoning Commission adopt Staff Report #KZC-98-6 as findings of fact and recommend that the Kalispell City Council approve the requested zone change for the entire block. President Johnson asked that the recording secretary rotate the request for votes. Roll Call Vote On a roll call vote all members present voted Aye. The motion carried on a vote of 9-0. ROSAUERS A request from the City of Kalispell and Rosauers Supermarkets, JSUPERMARKETS AND for a zone change from P-1 Public Zoning to B-2 General Business Kalispell City County Planning Board Minutes of meeting January 12, 1999 Page 3 of 6 CITY OF KALISPELL zoning district at the Daly Field Subdivision along the west side of ZONE CHANGE Highway 93 South near the intersections of 3rd Avenue E. and Kelly Road, was introduced. Staff Report Steve Kountz, FRDO Senior Planner, presented staff report #KZC- 98-5 recommending that the Kalispell City -County Planning board and Zoning Commission adopt the staff report as findings of fact and recommend approval of the requested zone change. Staff also recommends that the City give consideration to adopting and beginning enforcement of height standards for structures in the airport influence area prior to selling lots 1 and 3 of Daly Field Subdivision. Pubic Hearing: The meeting was opened to proponents of the petition. Proponents Art Thompson, Kalispell Airport Advisory Board, spoke in favor of the petition adding information on the airport issues. He cited that it may be appropriate to defer action on this request for zone change until the FAA Phase 1 report is out. This will clarify the airport improvements plans, such as moving the runway, which would be a basis for height restrictions, in order to insure the best outlook for FAA funding for improvements. P. J: Sorenson, Kalispell Zoning Administrator, spoke in favor of the petition and addressed the concerns on height limitations, stating that Kalispell City Resolution 3306 directs the city building J department to establish a drawing of the airport boundary and directs the building department to consider those limitations when issuing building permits. Therefore a mechanism is in place for regulating height limitations through the building permit process. Opponents Randall James, spoke against the petition for rezoning, and asked that the petition be deferred until the FAA study is out. Board Discussion The Board asked if Rosauers had a plan for improvements or construction in respect to the air space area. Sorenson explained there had been no formal plans received but that the contract for sale on the land included height restrictions and that, along with the building permit process and the resolution noted earlier any improvements suggested would be regulated. Thompson explained that the plan for exactly where the center line of runway will be, along with other pertinent information is not currently available but will be included in the Phase 1 study. Therefore any premature zoning or potential building could jeopardize the FAA funding, so the Airport Advisory Board asks that the zone change be deferred, until there is further �) information. Kalispell City County Planning Board Minutes of meeting January 12, 1999 Page 4 of 6 Motion Brenneman made a motion, seconded by Don Hines, to adopt _. Staff Report #KZC-98-5 as findings of fact and recommend that � ) the Kalispell City Council defer the requested zone change from P- 1 to B-2 until the FAA report is completed and that the Council consider adopting and enforcing height standards for structures in the airport influence prior to selling lots 1 and 3 of the Daly Field Subdivision. Roll call vote: Joe Brenneman, Donald Garberg, Rob Heinecke and Don Hines, Aye; Gregory Stevens, Jean Johnson, Keith Brian Sipe and Don Mann, Nay. The motion failed on a tie vote of 4 in favor, and 4 against. Heinecke moved that the board defer the petition until the FFA report is in. The motion failed for lack of a second. Garberg moved and Hines seconded that the petition be sent to the Kalispell City Council as voted on. The motion passed unanimously. The President called a 5 minute break. The meeting was called back to order at 9:15 p.m. FARRIS ZONE CHANGE A request by Andrew Farris for a zone change from SAG-10 and R- 1 to R-3, on 17.906 approximate acres located in the Evergreen Zoning district on the north side of East Reserve Drive approximately 1/4 mile east of highway 2, was postponed by request of the applicant. The applicant explained that they'd had insufficient time to plan for their response to the FRDO recommendations. Public Hearing The public hearing was opened to the audience. No one wished to Proponents speak in favor of the application at this time. Opponents Christy Jones presented a letter to the Board from her mother, an adjacent land owner (attached), opposed to the petition. This will go with the packet for the February meeting. Motion Garberg moved and Brenneman seconded to continue the public hearing on Andrew Farris' request, Staff Report FZc-98-12, until the February meeting. The motion passed unanimously. ASHLEY BUSINESS The applicant has requested that this agenda item be postponed PARK SUBDIVISION until the February 91h meeting. PRELIMINARY PLAT Jean Johnson opened the public hearing. No one spoke for or against. Brenneman moved and Garberg seconded to postpone this request until the February meeting. The motion passed unanimously. WORKSHOP: DNRC David Greer, land use consultant to DNRC, gave a presentation to Kalispell City County Planning Board Minutes of meeting January 12,1999 Page 5 of 6 NEIGHBORHOOD PLAN the board regarding a proposed neighborhood plan for State School Trust land. He gave handouts to the board explaining policy to generate revenue from the land for the school trust 1 system. He was hired to complete a neighborhood compatible plan and provide for a pleasing north entrance to the city of Kalispell. After many meetings with the public and with governmental agencies, the policy will restrict any strip development and has identified 4 pods. The NW - NE - SW and SE area pods, each having their own land use identified. Also, based on those meetings, they have come up with a proposed Goals and Policies Plan, (copy attached), and Planning Process (copy attached). The DNRC will, when the process is complete, enter into a memorandum of understanding with the County and the City. Self regulation and planning is in the best interest of the school trust mandates and the neighborhood and they will be working with the other agencies and private parties to insure the best use of the land. There is a tremendous advantage to the school trust fund to zone this as it would substantially increase the fiduciary gains on the land. The formal application for a neighborhood plan is expected for March so adoption of the plan is projected for May or June. The Board discussed the proposal with the DNRC representatives. NEW BUSINESS Heinecke nominated Bob Stauffer for the member at large position and Stevens nominated Fallon for member at large position. The 1 board discussed the nominations briefly. The President called for a vote on the nominations. 7 members voted to elect Fallon, and 1 vote to elect Stauffer. The City Council and County Board of Commissioners will be asked to confirm the election. Heinecke asked if the board could do anything about the floodplain maps, and after discussion by the board and Kountz it was suggested that the board have a workshop on the floodplain issues. A workshop was recommended for the March meeting. OLD BUSINESS There was no old business. ADJOURNMENT / I The meeting was adjourned at approximately 10:26 p.m. an Johnsq ,* ident Tricia Laske, Recording Secretary Approved � submitte /corrected: / /99 �1 Kalispell City County Planning Board Minutes of meeting January 12, 1999 Page 6 of 6