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
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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
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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
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Kalispell City County Planning Board
Minutes of meeting January 12, 1999
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