04-13-99KALISPELL CITY -COUNTY PLANNING BOARD
MINUTES OF MEETING
APRIL 13, 1999
CALL TO ORDER AND The meeting was called to order by Jean Johnson at approximately
ROLL CALL 7:00 p.m. Members present were: Donald Garberg, Rob Heinecke,
Greg Stevens, Jean Johnson, Don Hines, Keith Brian Sipe, Joe
Brenneman, Bill Rice, and Don Mann. The Flathead Regional
Development Office was represented by Tom Jentz and Narda
Wilson. There were approximately 41 people in the audience.
SEATING OF MEMBER- The Board welcomed new member -at -large, Bill Rice.
AT -LARGE
APPROVAL OF On a motion by Stevens and seconded by Hines, the minutes of
MINUTES the meeting of March 9, 1999 were approved unanimously on a
vote by acclamation.
SENIOR HOUSING A request by Kalispell Senior Housing Association for a conditional
ASSOC. CONDITIONAL use permit to allow a 24 unit senior citizen apartment complex.
USE PERMIT
STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a
thorough presentation of staff report KCU-99-3 in .which staff
recommends that the Kalispell Planning Board recommend to the
Kalispell City Council that the conditional use permit be approved
subject to 8 conditions. Infrastructure in the area is anticipated to
be more than adequate for the development.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
No one wished to speak for or against the petition and the public
hearing was closed.
BOARD DISCUSSION The Board discussed the petition and found that the request did
meet the required criteria.
MOTION Breneman moved and Stevens seconded to adopt staff report KCU-
99-3 as findings of fact and, based on these findings, recommend
to the Kalispell City Council that the conditional use permit be
approved subject to the 8 conditions as outlined in the report. On
a roll call vote: All members voted Aye. The motion passed
unanimously on a vote of 9-0 in favor.
UNICORE A request by Unicore Development, Inc. for a conditional use
DEVELOPMENT permit and preliminary plat approval to construct a 10 dwelling
CONDITIONAL USE condominium project known as Chokecherry Ridge.
PERMIT
�.- Board president Johnson asked that the developers give their
presentation first and then have that followed by Tom Jentz with
the staff report.
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 1 of 13
Max Battle, attorney for Unicore Development gave a presentation
( Imo) on the Chokecherry Ridge development project stating that as he
understands the rules for this board he will be allowed time for a
rebuttal after the staff report and the public hearing. He reported
that based on the professional opinion of the state certified
engineer on the Chokecherry Ridge project the bank stability is
not a concern. Battle stated that he had been unable to find in
codes a setback like that required by staff conditions. The
developers have presented a revised plan which includes a cutting
down of the bank at the back of the buildings that will result in a
20 foot setback to the edge of the buildings but will allow them to
be within 10 feet of the top of bank as it sits now. He noted that
the staff report has considerations where they don't want anything
disturbed within 10 feet of the bank, and if there is a cut down
they would have to disturb within 10 feet of the bank, but stability
is not an issue and they don't want to build anything that is going
to erode or have a problem. They agree to having it either way, a
cut down of the bank for a 20 foot setback, or having a 10 foot set
back to the current bank. In speaking to the issue of storm water
Battle pointed out that all of the water that falls on the lot soaks
into the soil with the exception of the area where the old ice house
is. He said that in redesign of the subdivision plat calls for using
storm drains to take the water all of the way to the bottom of the
bank and put the water out in rip rap. He stated that their
engineer had investigated the reported crack in the bank and he
believed that it followed a gopher burrow and wasn't related to the
bank subsiding or a sloughing of the bank. He stated that there
have been many structures closer to the bank than what this
project proposes and that their independent engineer believes that
the bank is able to tolerate the building load and that there will
not be a problem of bank erosion and sloughing that would put
the finished condominiums at risk. He also spoke on the issue of
character of the neighborhood, which was of great concern to the
neighbors at the previous public hearings, and noted that this
development will enhance, not degrade, the character of the area.
Battle stated that the units in this subdivision will probably sell
for more than what most of the homes in the area are worth. He
noted that the opposition had stated at previous hearing that
these developers should come in and build two $400,000 homes
on that lot. He stated this is a ludicrous statement, that one
would not build that type of home in this neighborhood because it
is not a neighborhood of such homes and it would not support the
investment. He stated that certain members of the opposition is
against this proposal simply due to the desire for the open space
for their view, and those people will not be swayed or convinced by
anything that he or the board might say. On the question of
zoning designation Battle stated that the developers require an R-
3 cluster development zoning. He noted with an R-3 without a
cluster development they could build a boarding house as a
permitted use, which would be considerably less agreeable to the
neighborhood than the condominiums that they are proposing.
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 2 of 13
He noted that based on the previous public hearings one would
think that this is a much larger neighborhood than it is. That
many of the opponents are not from the immediate area. He
showed a drawing of the proposed development, noting that the
parking plan is no tighter than the parking in the area or parking
lots in the county. He presented pictures of the area and stated
that this development is in keeping with the character of the
neighborhood and that this development is for clustered one
family dwellings. In summary Battle stated that all the issues
about traffic and bank stability are simply red herrings by people
that don't want the project in their neighborhood. He stated that
they disagree with some of the staff conditions which he has
addressed, such as set backs and disturbance of the bank. He
asked that the Board remember in the end that the staff report
does recommend approval.
Bob Guditis, engineer for the project, spoke in favor of the petition.
In speaking to the bank stability and erosion potential on this
property he stated in his experienced and professional opinion the
property is stable and can support the project as presented.
Pictures of the area and a copy of the new layout blueprint were
presented to the board along with a letter from Mr. Guditis
summarizing the calculations on the weight and the issues of
bank stability.
STAFF REPORT Tom Jentz of the Flathead Regional Development Office gave a
O thorough presentation of staff report KPP-99- lA in which staff
recommends that the Board recommend preliminary plat approval
for this subdivision subject to the conditions. He also gave a
presentation of staff report KCU-99- lA in which staff recommends
approval of the conditional use permit subject to 14 conditions.
Jentz noted that at this hearing the board will not be looking at
annexation or zoning designation as there is a general
acknowledgment that they made sense and so do not need to be
gone over again. Jentz explained that in the R-3 an incidental
boarding house with a maximum of 3 adults is a permitted use,
however, this is not the traditional 8 - 40 unit boarding house. R-
3 is a single family zoning that does allow clustering. Jentz also
noted that the subdivision aspect does meet statutory criteria and
the ability to fulfill the infrastructure requirements are expected to
be easily met. Jentz stated that the setback requirement of 20
feet came from many places including the fire department which
wants a level and safe area behind the buildings in case of
emergency. Jentz stated that staff does recommend approval with
the staff conditions as presented. This will require that the project
be redesigned to meet all of the condition requirements. He
presented 7 letters opposed to the project giving the density on
just 2/3 of an acre, increased traffic density, public safety,
setbacks and bank disturbance, bank instability, fire hazard, and
incompatibility with the area as reasons for opposition.
Stevens asked if a 20 foot setback is needed when the project does
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 3 of 13
not abut anything and in lieu of the soil analysis is there still a
need for the full 20 foot setback. Jentz stated that the setback
requirement was for several reasons only one of which had been
bank stability, therefore staff continues to include a 20 foot
setback condition.
Johnson asked if the deepest boring was 20 feet and the engineer
answered that there were 5 borings and they were at 30 feet.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Earl McPeek, one of the project developers, spoke in favor of the
project noting that this project is being designed to compliment
and blend with the 30-40 year old homes in the area. He stated
that this is a good design and a good project.
Ron Lambert, 57 Summit, Somers, spoke in favor of the project
noting that they have been working with the owners and FRDO
and considered the community input and have come a long way
with the project.
John Vincent, property owner, spoke in favor of the project and
noted that the project is good and he is ready to pass the
stewardship of this property on. He noted that it is appropriate to
the neighborhood and reasonable for them to make money on the
Oproject.
Brenda Vincent, co-owner of the property, spoke in favor of the
project noting that they cannot take care of the property any more
and they want to turn it over to someone that will care for the
property. She stated that they do care about the neighborhood
and that she believed that the board is there not only to protect
the neighbors but also to protect the owners.
OPPONENTS Dave Ebert, 476 4th Ave. E.N., stated that this project is too dense
and asked why there could not be a smaller development.
Jerry Anderson, 476 5th Ave. E.N., concerns over increased traffic
which will run over onto Oregon and concern over this large a
project be on this small a area. Wants this to conform to the
current neighborhood.
Georgia Staub, corner of 3 Ave. E. and Oregon, these dwellings
would not fit character of the neighborhood. She noted that the
engineers report is speculation to some degree. She is unhappy
with the process by the developers and that if they had met the
conditions set by FRDO this project could have passed through
the process already.
Sarah Locey, speaking for her parents, is in opposition to the
project. She spoke against the project as proposed noting that the
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 4 of 13
buildable site is 2/3 of an acre and she disagreed with the
engineers report. High density cluster development does not
conform to the single family older neighborhood that currently
exists.
Sue Ellen Anderson, 484 8th Ave. E.N., spoke against the project
stating that she is 3 blocks from the proposed project off of
California Street which will be impacted with higher traffic density.
She listed bank stability and neighborhood integrity as reasons
for opposition.
Ed White, adjoining property owner, spoke against the project
noting that 10 units on that small a piece of property is over
development. He stated extreme concern over bank stability and
noted that this is a single family home neighborhood and there are
no condos in the area. He also spoke on the ecological impact to
the wetlands.
Steve Cheman, lives across from the proposed project and is in
opposition to the project due to property values, traffic congestion,
notes once again that this is being proposed on 2/3 of an acre. He
noted that the cracks in the bank are of concern and are not
gopher trails.
Clara Ellen Anderson, 476 5th Ave. E.N., long time resident of the
valley, spoke against the project noting that this project is not
compatible to the older single family residence neighborhood.
Tammy Valentino, 461 4th Ave. E.N. spoke against the project and
stated that she had the same concerns as the others, but placed
emphasis on the increased traffic and safety issues.
Marge White, 20 4th Ave. East, Fernwell Apartments, spoke in
opposition agreeing with the previous opponents.
Robley Carr, 550 4th Ave. E.N., agrees with previous opponents.
Bob Domrose,376 6th Ave. E.N., spoke against the proposal and
stated he wants a 2nd opinion on the engineering report. He would
rather see the city purchase the property and build a play ground
area as he does not want this site to be developed. No place for
the kids to play this should remain an open area.
Arla Culver, 461 E. California, opposed the development agreeing
with the previous opponents.
Richard Cole, 867 N. Main Street, opposed to the project, noting
that zoning does have a purpose and that this is incompatible to
the single family neighborhood.
C% Lance Staub, 459 3rd Ave. E.N., noted that the east north area is
special and having people from the whole area shows the
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 5 of 13
neighborhood concern.
Jean Johnson suggested that the board discussion take place
before the applicants present their rebuttal, but the applicants
chose to go first. Johnson suggested that the applicant have 2
minutes for their rebuttal and asked if that would be agreeable.
REBUTTAL Battle stated that he would not agree to that, the board could
make him stop at 2 minutes but the board would be making a
legal mistake. He stated that it would be in violation, of the board
rules and a denial of due process. Battle stated the staff started
out saying that the 20 foot requirement was in the conditions as a
safety issue and now is calling it a neighborhood compatibility
problem and that staff addresses this in regard to setback from
alleys. Setbacks is a property line issue and this property is more
than 20 feet from adjacent properties. In regard to the safety issue
he pointed out that the only person in the room with an
engineering license was Mr. Guditis and that anyone else giving
opinions on engineering issues is practicing without a license and
are a public nuisance by statute. On the increased traffic issue he
made two points, one that FRDO did not say there was a traffic
issue and secondly if a park is placed in there then it will be a
public place that people will drive to and will cause as much or
more traffic than the proposed development. In respect to the
neighborhood compatibility issue there is a mobile home on a
O permanent foundation directly across the street from the
development and that could not be considered an old turn of the
century home so the statements about this not being in character
did not fit. The rules provide for cluster development for sites like
this one and that is what his clients wish to do.. A condo
association will be formed so the question on who will deal with
future potential problems. (Johnson requested that Battle
summarize at this point.) Battle objected to Johnson not following
the procedure or the rules of the Planning Board. He then asked if
they were being denied the right to rap up the rebuttal and stated
that if the Chairman was doing that without a board vote then he,
with his clients, would deal with that at a later date. The
members requested that Battle continue with the rebuttal and
requested that he be brief. Battle continued with the issue of
earthquakes as brought up by the opposition and noted that the
homes in the area were not designed to meet any codes as they
didn't exist at the time they were built and added that this project
will meet the current safety codes for earthquake. He stated that
Oregon Street, the main east -west roadway, has multi -family
apartments. He stated that the opponents had changed their
reasons for opposition, that they just don't want this project. He
re -stated that as per the only professional engineer in the room
the bank stability is not a problem, this project's foundation
system design will work without a problem.
Johnson asked for an opposition rebuttal. An audience member
asked what qualifications the engineer had. In response Guditis
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 6 of 13
stated that he is a registered civil engineer in 3 states, he did
graduate work in foundations, certified soil tester, and has worked
on numerous projects over a 25 year career.
The public hearing was closed.
BOARD DISCUSSION Rice asked if a redesign will be required for the project to meet the
conditions. Jentz answered that to meet the conditions literally
would cause the project to have to be redesigned. This would
become a procedural, staff review, and then finally the go to the
council.
Garberg stated that this project does not fit the area which he
based on stated opposition and potential problems later.
Stevens stated that site suitability and traffic safety have been met
through the engineer and the staff.
Heinecke noted that he doesn't believe that this will cause the
visual impact that the neighborhood is concerned about. Doesn't
want to second guess the engineer and notes that the homeowners
association will cover the maintenance and noted that the fire
issue is covered by site review and summed up with the opinion
that this project is right and he is in favor.
MOTIONS Stevens moved and Heinecke seconded to adopt staff report KPP-
99- lA as findings of fact and, based on these findings, recommend
that the Kalispell City Council grant preliminary plat approval for
this subdivision amending the conditions by; Deleting
recommendations 2,3,4,5, and subject to 1, and 6-14. On a roll
call vote: Sipe, Heinecke and Stevens voted Aye. Hines, Mann,
Johnson, Breneman, Garberg and Rice voted No. The motion to
recommend approval with amended conditions failed on a vote of
6-3 against.
Garberg moved and Mann seconded to adopt the findings that
there is incompatibility to the neighborhood and that there are
potential environmental consequences, fire safety, high density on
this site, strong neighborhood opposition and serious parking
issues and, based on these findings, recommend denial.
Heinecke asked that the board seriously consider the R-3 zoning
being appropriate for this site and that this cluster development
project is appropriate for this area.
Garberg stated that the board had to consider this project only
and the this project is not right for this site.
On a roll call vote: Stevens, Johnson, Hines, Rice, Sipe, and
Heinecke voted No. Brenemen, Mann and Garberg voted Yes. The
motion to deny the application with new findings failed on a vote
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 7 of 13
of 6-3 against the denial.
(� Stevens moved and Sipe seconded to adopt staff report KCU-99-1
as findings of fact and, based on these findings, recommend to the
City Council to grant the preliminary plat for this subdivision
subject to the 14 conditions as stated in the report.
Heinecke moved and Stevens seconded to amend the previous
motion to strike condition 2. On a roll call vote: Sipe, Stevens,
and Heinecke voted Yes. Garberg, Rice, Breneman, Mann, Hines,
and Johnson voted No. The motion to amend failed on a vote of 6-
3 against amending the motion.
On the motion to approve with the conditions as stated in the staff
report; Heinecke, Hines, Sipe, Johnson, Rice, Stevens, and
Breneman voted Yes; Garberg and Mann voted No. The motion to
recommend approval of the conditional use permit subject to the
conditions as stated in the staff report passed on a vote of 7-2 in
favor.
Stevens moved and Sipe seconded to adopt staff report KPP-99- lA
as findings of fact and, based on these findings, recommend to the
City Council that the preliminary plat for the Chokecherry Ridge
Subdivision be approved subject to the 13 conditions as stated in
the .report. On a roll call vote: Stevens, Breneman, Hines, Rice,
Heinecke, Sipe, and Johnson voted Yes; Mann and Garberg voted
�) No. The motion to recommend approval of the preliminary plat
-" passed on a vote of 7-2 in favor.
Johnson called for a 5 minute break.
MDOT CONDITIONAL A request by the Montana Department of Transportation for a
USE PERMIT conditional use permit to construct a 100 foot tall communications
tower in conjunction with their maintenance building. Mounted
on the ground not the building. Filed with FAA not FCC.
STAFF REPORT Narda Wilson presented staff report KCU-99-4 in which staff
recommends that the planning board adopt the staff report KCU-
99-4 as findings of fact and recommend to the city council that the
conditional use permit be approved subject to 4 conditions.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Jerry Dupler, spoke in favor of the communication tower. He
asked that the board reword condition 4 to include that
construction should commence or a continuous good faith -within
18 months.
No one spoke against the project and the public hearing was
closed.
BOARD DISCUSSION The Board discussed the petition, considered public testimony and
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 8 of 13
found that the petition did meet the required criteria.
MOTION Stevens moved and Hines seconded to adopt staff report KCU-99-4
as findings of fact and, based on these findings, recommend to the
Kalispell City Council that the conditional use permit be approved
subject to conditions 1-3 as outlined in the report and amend
condition #4: The conditional use permit is valid for a period of 18
months from the date of authorization in which time
construction or a continuous good faith effort will commence.
On a roll call vote: - All members voted Aye. The motion passed
unanimously on a vote of 9-0 in favor.
SYLLING ZONE A request by Al Sylling d.b.a. Arico for a zone change from R-1 to
CHANGE AND RIVER R-3 and preliminary plat approval of River Place Subdivision, a
PLACE SUBDIVISION 144 lot residential subdivision on 54,4 acres in Evergreen.
PRELIMINARY PLAT
APPROVAL
STAFF REPORT Narda Wilson presented staff reports FPP-99-3 and FZC-99-6 in
which staff recommends that the Board recommend to the Board
of County Commissioners that the zone change and preliminary
plat be approved subject to twenty (20) conditions. There is minor
reconfiguration needed on the cul-de-sac planning. Staff
recommends that the cash in lieu of parkland be based on the
assessor's. office or an independent appraiser.
JPUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Al Sylling, 71 Springwood Lane, spoke in favor of the application
stating that affordable housing is the focus of this project. He
noted that by changing the zone to R-3 the subdivision would be
able to have lot sizes that would allow them to keep a target lot
price of twenty-three to twenty-five thousand dollars. This is
considerably less than most of the current selling prices and
would allow them to provide affordable housing in the Flathead
Valley.
Jeff Larsen, Larsen Engineering, stated that it benefits the
community by doing a large project like this. The developers had
a neighborhood meeting and designed a project that met their
wishes. He noted that in order to keep the target lot price at this
level they had to have a design and lot size such as is being
presented. He also noted that this development will include the
amenities and infrastructure needed, noting that other
subdivisions don't require a lot of off site improvements such as
this development has planned. He stated that they have no
problems with the conditions.
Fred Ricketts, a Realtor with Re -Max, has been working on this
1 project for 2 years and is in favor of this development keeping the
J lots affordable and planning a subdivision design that works in the
area. He also stated that this development is favorable to the
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 9 of 13
property owner.
Jerry Bag, 220 Woodland Ave., stated that he has worked with Al
Sylling in the past and that the homes he builds. are of excellent
quality and this project will give the community an excellent
subdivision that is affordable and a compliment to the community.
OPPONENTS Christy Erickson, 44 West Evergreen Dr., concerned about a
previous project that may come back if there is a zoning change.
She has concern over safety and traffic density specifically on
River Road. She stated concerns over the precedence for future
development, tax payer repercussions, and environment issues.
Armeda Oursland, spoke against the proposal stating traffic and
safety, floodplain issues, and game reserve for Canadian geese,
and that this density is of too high an impact as reasons for
opposition.
Ray Newkirch, River Road, spoke against the project stating that
the this project has too high a density and that the schools are
already maxed out. He stated fire issues, police protection and
traffic safety, low priority for road improvements, and tax
increases as reasons for opposition.
Jim Chase, 44 River Road, agrees with the current R-1 single
family one acre minimum zoning. He stated concern over water
retention and run off. Poor access to River Road and Cottonwood.
Rhonda McDowell -Rowan, 34 West Evergreen, spoke in opposition
of the project agreeing with the previous opposition.
Bob Heneman, 156 E. Cottonwood Dr., spoke against the project
noting that walking in the area is very dangerous because of poor
quality narrow roads, and extreme concern over traffic increases.
He is objecting to development of this scale.
Jolene Thomas, 101 West Evergreen Dr., spoke in opposition
stating concern over traffic, much too dense a project and agrees
with the previous speakers.
Barb Goulet, 41 West Evergreen, stated extreme concerns over
traffic and child safety, school impact, fire safety, and accessibility
as points of opposition.
Dorothy Huff, 29 Meadowlark Drive, agrees with all of the previous
speakers.
Steve Berg, 97 West Cottonwood, agrees with previous opponents.
Duane Goulet, against the project and agrees with the previous
speakers noting that the main concern is the density of the
project.
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 10 of 13
Larry Oursland, 54 River Road, spoke against this proposal and is
in favor of a zone change to suburban agricultural. He stated
concern over density and devastation to the area.
Dan Oursland, agreed with his neighbors that density is the major
issue.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION Heinecke asked about drainage and Wilson stated that the state
requires a drainage plan on a development of this size and that it
would be addressed at site review and any groundwater problems
would be considered by the engineers.
Sipe noted that he is in favor of this subdivision with affordable
housing.
Stevens noted that affordable housing is a serious issue in the
area and this seems to be a good development.
Hines asked about time frame is there for selling this project out.
It was noted that the development is looking at a 3 phase
structure and would cover a two to three year time period for the
first year.
Johnson noted that the Board does not cover infrastructure before
subdivision but cover it the other way around.
It was noted that this property is in the 500 year floodplain.
Wilson explained that part of the conditions is for a road users
association so the county does not take over the roads.
The Board discussed the petitions, considered public testimony
and found that this subdivision of affordable lots and housing is
needed in this community and that the design met all of the
required criteria.
MOTION Stevens moved and Hines seconded to approve staff reports FZC-
99-6 and FPP-99-3 as findings of fact and, based on these
findings, recommend to the Board of county Commissioners that
the zone change and preliminary plat be approved subject to the
twenty (20) conditions amending them to include a condition #21
The developers are encouraged to pursue the acquisition of an
easement for a pedestrian and bike path in cooperation with the
property owners to the north. On a roll call vote: All members
voted Aye. The motion passed unanimously on a vote of 9-0 in
favor.
�C �l FARRIS ZONE CHANGE A request by Andrew Farris for a zone change in Evergreen from
SAG-10 and R-1 to R-3 on approximately 18 acres in Evergreen.
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 11 of 13
STAFF REPORT Narda Wilson presented staff report FZC-98-12A in which staff
�1 recommends that the Board and Zoning Commission adopt the
l report as findings of fact and recommend denial of the requested
zone change.
PUBLIC HEARING
The public hearing was opened to those in favor of the petition.
PROPONENTS John Parson, 729 9t1i Ave. West., stated that water service had
been agreed upon and that sewer will probably not be given but
the master plan only requires one of those services. Minimum lot
size does not have to be met if the non degradation rule is met it
allows for increased density. The petitioners still request R-3
zoning and if sewer doesn't go through then they will have to
development with larger lots.
OPPONENTS Dan Skiles, 161 East Reserve, spoke against the petition noting
that this property is in the floodplain and that there are traffic
safety and road quality issues.
Bill Leininger, 619 Granite View Drive, spoke against the petition
stating that the narrow road, 100 year floodplain, and concerns
that there is not a subdivision plan together with the septic
system problems that this petition should not be approved.
BOARD DISCUSSION Stevens would change it to R-2 but without sewer this should not
be approved for an R-3.
The board discussed the petition and considered public testimony
and found that due to the lack of a subdivision plan and the lack
of agreed sewer services this plan did not meet the required
criteria.
MOTION Breneman moved and Heinecke seconded to adopt staff report
FZC-98-12A as findings of fact and, based on these findings,
recommend that the Board of County Commissioners deny the
requested zone change. On a roll call vote: Breneman, Heinecke,
Garberg and Rice voted Aye. Stevens, Mann, Sipe, Johnson and
Hines voted No: On the motion to adopt the findings in the staff
report and deny the request for a zone change failed on a vote of 5-
4 against denial.
Stevens moved to amend the findings of staff report FZC-99-12A
on page 3 (#4. Will the requested change promote the health and
general welfare?), delete the last 2 sentences of the paragraph and
change the Summary and Discussion paragraph - Although at
some point it may be appropriate to consider a higher- densAy R-3
zoning designation, it does not appear reasonable at this time
because of the lack of water and sewer services to the majority of
the property. An R-2 zoning designation is appropriate.. and
delete the rest of the paragraph, and adopt the amended findings
as fact and, based on these findings, recommend to the Kalispell
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 12 of 13
City Council to approve R-2 zoning, Sipe seconded.
On discussion Brenneman stated that the board should not
/ arbitrarily change an application but must make decisions based
on the applications as presented.
On the motion the roll call vote was: Sipe, Hines, Mann, Heinecke,
Johnson, Garberg and Stevens voted Yes. Breneman and Rice
voted No. The motion to amend the findings and recommend
approval of the request for a zone change to R-2 passed on a vote
of 7-2 in favor.
NEW BUSINESS There was no new business presented.
OLD BUSINESS
CONTINUATION OF Continuation of the DNRC Plan amendment and Neighborhood
DNRC PLAN Plan addendum: Jentz explained that the staff and the DNRC are
recommending that the newly developed amendments be adopted
and then the Neighborhood plan be adopted or denied by a
resolution.
MOTION After some discussion by the board, Sipe moved and Garberg
seconded that due to the late hour the Board continue discussion
and recommendation of this item to a special meeting to be held at
the work session dated April 2011". By acclamation vote the motion
Opassed unanimously.
ADJOURNMENT The next meeting, May 11, 1999, will begin at 6 p.m. The meeting
was adjourned by motion at approximately 1:07 a.m.
i
J#WOn, President Tricia L ske, ecording Secretary
Approved as submitted/corrected: /99
Kalispell City County Planning Board
Minutes of meeting April 13, 1999
Page 13 of 13