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03-09-99KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING (� March 9, 1999 CALL TO ORDER AND The meeting was called to order by Jean Johnson at ROLL CALL approximately 7:02 p.m. Members present were: Donald Garberg, Rob Heinecke, Greg Stevens, Jean Johnson, Don Hines, Keith Brian Sipe, and Don Mann. Joe Brenneman was absent. The Flathead Regional Development Office was represented by Tom Jentz and Narda Wilson. There were approximately 23 people in the audience. APPROVAL OF It was noted by the Board President, Jean Johnson, that a vote of MINUTES abstention still requires a majority vote of the members present, thereby rendering that vote the equivalent of a negative vote. But with a member excusing himself because of a conflict, which should be done before the issue is discussed or voted on, then the requirement becomes the majority of the members voting. On a motion by Stevens and seconded by Mann, the minutes of the meeting of February 9, 1999 were approved with the following amendments: Unicore - Board Discussion - Page 11, comments made by Jean Johnson: There was no technical information available as to the bore holes and it had to be available to make a determination on setback. The board had reviewed a similar O subdivision with similar soils and minimum setbacks based on analyses was 35', therefore that would negate their proposal. It is physically impossible to back a car out of the parking areas (as shown on the preliminary plat) without hitting someone. They had an onsite drain system design that would totally undermine the formation and it is totally unacceptable in his mind. On a vote by acclamation the motion passed unanimously. DNRC NEIGHBORHOOD A request by the Department of Natural Resources and PLAN Conservation for consideration of Neighborhood Plan to assist the DNRC in their long range planning efforts to meet both the State and community goals. STAFF REPORT Tom Jentz introduced David Greer, Land Use Consultant to the Department of Natural Resources and Conservation who gave a presentation on the DNRC Neighborhood Plan. Greer explained the property boundaries of the proposed plan. He noted that the State School Trust Lands are designated as property held in perpetuity by the State to generate revenue for the state school system. He noted that this is a long term plan and went over the plan and its processes explaining the 4 pods within the property and the different phases of the plan. He highlighted the plans designations and roadways. He stated that the DNRC is asking for an official amendment to the Kalispell Master Plan and want to adopt zoning regulations, both of which will be followed in the ` - development of the property. A Memorandum of Agreement with Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 1 of 9 the City and County is suggested, which will show the goodwill of the DNRC to adhere to the Master Plan and Zoning Regulations as adopted. He presented a handout to the Board which �- addresses the concerns that the FRDO had in regard to the phasing of the development. Ted Giesey, DNRC Manager of Trust Land Management Programs for the northwest corner of Montana, continued the presentation by explaining the State statutes relating to the property involved in the proposed neighborhood plan. Any use of these lands must generate revenue for the State school system at full market value. They have to comply with the Montana Environmental Policy Act. Also must seek highest development of the property, to the benefit of the local community and state and must be sound. The legal staff for the DNRC advised that the only legitimate objective in the management of trust land is in the production of revenue, no other use is constitutional. DNRC has clear direction to manage the states School Trust Lands for economic gain, without impairing the long-term productivity of the land, and within the bounds of the Montana Environmental Policy Act. In summary, we are directed to maximize income, but must consider and prevent damage to the natural and human environment. Jon Dahlberg, area manager for DNRC, explained the public input process they have undertaken with this proposal. He noted that he had incorporated the FRDO and David Greer as well as O the adjacent land owners and public officials in .this process. They conducted public meetings in order to incorporate the public concerns and evolved the plan to meet the requests of the neighbors. He cited concerns that if a plan for development is not adopted the DNRC will be in a position of having to accept whatever comes along in order to meet their directives. They would like to see a plan implemented that would allow for direction in the development of this property. Tom Jentz gave a presentation of staff report #KNP-99-1 in which staff recommended that the Kalispell City -County Planning Board adopt, by resolution, the DNRC Neighborhood Plan as an addendum to the Kalispell City County Master Plan Year 2010 with the conditions as stated in the report. He explained that the Board's responsibility is to determine whether the plan complies with the Master Plan and if it does not then whether it warrants an addendum to the Plan. Stevens asked Mr. Giesey, if the plan had been submitted to the Land Board. Greer answered that the position the DNRC has taken is that this process should go through the local planning process before going to the Land Board. PUBLIC HEARING The public hearing was opened to those in favor of the petition. 1 PROPONENTS Jon Dahlberg, as a homeowner in the area, noted that he would Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 2 of 9 like to have planned growth and development on the property. Bryce Haden, who lives nearby the property in question also 0 spoke for Citizen's for a Better Flathead. He said the group is generally in favor of the planned approach to development. He also spoke of concerns that the plan may drain the value of the current commercial properties in the county, and phasing concerns. Two suggested changes: Page 9; and Page 11 change to 75 % developed prior to development of the next phase. Dale Luman, 169 Trail Ridge Road, agrees with the planned OPPONENTS development process but believes a reasonable range of alternatives has not been considered. He noted concerns over non- compliance with the current, and proposed revised, Master Plan, citing many sections of non-compliance. (Board President Johnson explained that the board has to use the current Master Plan in making determinations, therefore the board could not consider any comments in regard to compliance with the proposed revised Master Plan.) Luman stated in closing that he chooses to live in within the jurisdiction of the Master Plan and associated zoning so that he can have a reasonable expectation of retaining the character of the neighborhood and surrounding area. The Planning Board and elected officials have a obligation to follow the Master Plan, and protect property rights both by allowing people reasonable freedom to with their property what they want as well as preserve the character of his neighborhood O so as not to degrade his quality of life and property values. His concern is that the DNRC is that the plan is way out of scale in size and impact for the planning jurisdiction and would seriously impact the current commercial areas. No one else spoke against the plan and the public hearing was closed. BOARD DISCUSSION Tom explained that the handouts given by Mr. Greer should be incorporated in the plan if the board moves forward with the plan. Stevens noted that he had questions and concerns on the compatibility of the plan with the mandates by the state on trust land. He wondered whether the planning board has any authority to make recommendations, or if the plans should be through the DNRC, the Land Board and the state processes before coming to the planning board or the city. Tom Jentz explained to the board members that the DNRC is setting up a relationship with the board the city and the county and is asking that the master plan be amended in respect to the land so that they would be able to plan developmentally and then there would not be incremental development. C/ Stevens asked who has the final authority on plan and development of the trust land. Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 3 of 9 Dahlberg explained that this process has never been done before and that the DNRC administrators, legal staff and Commissioners are familiar with this plan, as is the Board of Land Commissioners. The intent is to work toward a better system for the use of trust lands that will give the community a plan that they are in agreement with and meets as much as possible the Master Plan for the area and yet still meets the directives by the state. In response to further questions from the board, Jentz noted that the board should, if they choose to move forward, continue the application to the next meeting and direct the staff to prepare a resolution. MOTION Stevens moved and Sipe seconded to continue this process for 30 days (to the next regular meeting). On a roll call vote: Hines, Stevens, Mann, Sipe and Johnson voted Aye. Heinecke and Garberg voted No. The motion passed on a vote of 5-2 in favor of continuation. The staff was directed to prepare a resolution to be presented at the next regular meeting. HANCHETT ZONE A request by Michael Hanchett for an amendment to the Kalispell AMENDMENT Zoning Ordinance, to allow single family, duplex and multi -family residential uses as permitted uses in the B-4, Central Business District. STAFF REPORT Narda Wilson, Senior Planner, gave a presentation of staff report #KZTA-99-3 in which staff supports the petition and recommends that the Board adopt the reports as findings of fact and recommend to the Kalispell City Council to allow single-family residences, duplexes and multi -family dwellings as a permitted use in the B-4, Central Business. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Randy Snyder, representing the petitioner, spoke in favor of the application, citing that the petitioner has owned the property for a number of years and has used it as a rental property. He noted that the rental is in extreme disrepair and, based on their research and recommendations, they chose to request a text amendment for the permitted use of residences in the commercially zoned area. This would allow for improvements to current residences in the area without causing any impact to the neighborhood, the plan or the long range goals of the area. Wilson presented a letter received at FRDO from Sandie Mueller in support of the petition and outlined the comments in the letter. OPPONENTS No one wished to speak in opposition to the petition and the hearing was closed. Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 4 of 9 BOARD DISCUSSION The Board discussed the application and found that the petition 1 did meet the requirements and intent of the Master Plan. J MOTION Heinecke moved, and Mann seconded, to adopt staff report #KZTA-99-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council to allow single-family residences, duplexes and multi -family dwellings as a permitted use in the B-4, Central Business District. On a roll call vote all members.voted Aye. The motion passed on a vote of 7-0 in favor. DELORIS A request by Deloris Partnership Group for an amendment to the PARTNERSHIP GROUP Kalispell Zoning Ordinance to allow mini storage and recreational ZONING AMENDMENT vehicle storage as a conditionally permitted use in the B-2, General Business District. STAFF REPORT Narda Wilson gave a presentation of staff report #KZTA-99-1 in which staff recommends that the Kalispell City -County Planning Board recommend to the Kalispell City Council that the mini - storage units and recreational vehicle storage be listed as a conditionally permitted use in the B-2, General Business, district along with the development standards outlined in Exhibit B. PUBLIC HEARING: The public hearing was opened to those in favor of the proposed zone change. PROPONENTS Bill Rice, Box 2427, Kalispell, spoke in favor of the petition. OOPPONENTS No one wished to speak against the petition and the public hearing was closed. BOARD DISCUSSION Upon questioning, Wilson noted that this would be a Conditional Use so each situation would have to come before the board for the issuance of a permit. The Board discussed the application and found that it met the statutory criteria. MOTION Stevens moved and Heinecke seconded that the planning board and zoning commission adopt FRDO staff report #KZTA-99-1 as findings of fact and, based on these findings recommend to the Kalispell City Council that the requested zoning text amendment that mini -storage units and recreational vehicle storage be listed as a conditionally permitted use in the B-2, General Business, district along with the development standards as outlined in Exhibit B. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. LANG CREEK A request by Lang Creek Brewery for an amendment to the BREWERY ZONING Kalispell Zoning Ordinance to allow micro -breweries and/or brew AMENDMENT pubs in connection with a restaurant or tavern in the B-3, Community Business District. Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 5 of 9 STAFF REPORT Narda Wilson gave a thorough presentation of staff report #KZTA- 99-2. She noted that this is a marketing venture, rather than an extended manufacturing facility. And noted that there would not be a greater impact than the associated businesses. Staff recommends that the Board recommend to the Kalispell City Council that the amendments be approved as outlined. PUBIC HEARING: The public hearing was opened to those in favor. PROPONENTS Terry Anderson, owner of the property in question, spoke in favor of the petition. He noted that in order to keep up with the franchises they have to look towards additional marketing options and brew pubs are one of the up and coming trends. John Campbell, owner of Lang Creek Brewery, spoke in favor of the petition, noting that this is one way to keep up with the marketing of his business and the trend towards brew pubs in the nation. He believes it would be an enhancement to the business area and Kalispell. Bill Rice spoke in favor of the petition and noted that this would be an enhancement to the area. OPPONENTS No one wished to speak against the petition and the hearing was closed. BOARD DISCUSSION The Board discussed the petition briefly and found that the petition did meet the necessary criteria. MOTION Don Hines moved, and Garberg seconded, to adopt staff report #KZTA-99-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning text amendment for micro -breweries and brew pubs in association with a restaurant or tavern be allowed as a permitted use in the B-3, Community Business District. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. SCHOTTELKORB A five minute break was taken and the board resumed with a CONDITIONAL USE request by Bill Schottelkorb for a conditional use permit to PERMIT construct ten garages for the Birchwood Apartment complex located at 1702 5th Ave. East in Kalispell. STAFF REPORT Narda Wilson gave a presentation on staff report #KCU-99-2, in which staff recommends approval of the conditional use permit subject to 7 conditions. Garberg asked about condition #5, use only by the residents of the complex and noted his disagreement with that condition. PUBLIC HEARING The public hearing was opened to those in favor of the application. Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 6 of 9 PROPONENTS Bill Schottlekorb, partner, 354 Blue Spruce Lane, spoke in favor of the petition and noted that the garages would have a minimal effect on the complex. OPPONENTS No one wished to speak in opposition and the hearing was closed. BOARD DISCUSSION Staff stated that the garage structure could become a rental unit such as a mini -storage, which could expand its intended use if condition 5 were deleted. The board discussed the petition and conditions, taking public comment into consideration, and were in agreement that condition 5 should be deleted and found that the petition did meet the required criteria. MOTION Garberg moved, and Sipe seconded, to adopt staff report #KCU- 99-2 as findings of fact and grant the conditional use permit to construct ten garages for the Birchwood Apartment Complex located at 1702 5th Ave. East in Kalispell, subject to the 7 conditions as amended; deleting condition #5 in the report. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. THRAMER ZONE A request by Jim Thramer for a zone change from R-1 to B-2 for CHANGE property at 1750 Highway 35 in Evergreen. STAFF REPORT Narda Wilson presented staff report #FZC-99-3 in which staff recommends that the Kalispell City -County Planning Board recommend to the Board of County Commissioners that the zone change from R-1 to B-2 be granted. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Jim Thramer, 744 Somers Ave, Whitefish, spoke in favor of the petition citing that his business had no room to expand with the existing zoning, and would like the boards' consideration on the zone change which would allow him to expand. OPPONENTS No one wished to speak against the petition, and the public hearing was closed. BOARD DISCUSSION The board discussed the petition and the public comment and found that the petition did meet the statutory criteria. MOTION Hines moved, and Mann seconded, to adopt staff report #FZC-99- 3 as findings of fact and recommend to the Board of County Commissioners that the requested zone change from R-1 to B-2 be granted. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 7 of 9 �1 BIRK ZONE CHANGE A request by Tim Birk for a zone change from R-5 to B-2 for property at 2165 Highway 2 East in Evergreen. STAFF REPORT Narda Wilson gave a presentation of staff report #FZC-99-4 in which staff recommends that the Kalispell City -County Planning Board recommend to the board of County Commissioners that the requested zone change from R-5 to B-2 be granted. Noting that the commercial corridor was described as 200' along La Salle and often time serves to sever a property making it dually zoned which is the case with this property. This does promote the goals of the master plan and is compatible with the intended service area. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Brett Birk, Box 815, Lakeshore, spoke in favor of the proposed zone change and noted that it would have less impact on the infrastructure of the area than would other possible solutions. OPPONENTS No one wished to speak against the proposed zone change and the public hearing was closed.. BOARD DISCUSSION The Board discussed the petition and took public comment into consideration and found that this did meet the goals of the master plan and intended use of the area. MOTION Stevens moved, and Sipe seconded, to adopt staff report #FZC- 99-4 as findings of fact and recommend to the Board of County Commissioners that the requested zone change from R-5 to B-2 be granted on the property described in Exhibit B. On a roll call vote all members present voted Aye. The motion passed on a vote of 7-0 in favor. NEW BUSINESS There will be an agenda for the next meeting with 2 to 5 agenda items. OLD BUSINESS The Board considered the appointment of a member -at -large seat APPOINTMENT OF and it was reported that the position has not been filled and that MEMBER -AT -LARGE one option was to ask the Council and Commissioners to reconsider the previous appointments, and the other is to look for additional applications and send additional recommendations to the Council and Commissioners. Stevens gave a history of the member -at -large position appointments, noting that with the present circumstances he felt that Jack Fallon should be resubmitted. Garberg noted that he would like to see the local government move to a higher level, and he nominated Bill Rice. Johnson gave support to Rice. On a vote by acclamation Fallon received 2 votes in favor and Rice received 5 in favor. Bill Rice will be submitted for the member -at - large position. Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 8 of 9 O The next master plan work session was set for Tuesday, March 18th at 7 p.m. Jentz gave handouts of preparatory materials for the work session ADJOURNMENTS The meeting was adjourned by motion at approximately 10:15 / I p.m. ean J nson, President TRcia Laski , Re ring Secretary Approved as submd* to /corrected: -L/-L:&/99 Kalispell City County Planning Board Minutes of meeting March 9, 1999 Page 9 of 9