12-09-97KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
MINUTES OF MEETING
DECEMBER 9, 1997
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board and Zoning Commission was called to order at 7:05 p.m. Board
members present were Pam Kennedy, Milt Carlson, Mike Conner,
Brenneman, Bob Sanders, Therese Hash, Jean Johnson, and Robert
Lopp. The Flathead Regional Development Office was represented by
Narda Wilson, Senior Planner. There were 8 people in the audience.
APPROVAL OF The minutes of the meeting of November 13, 1997 were approved as
MINUTES written on a motion by Conner, second by Bahr.
NELSON The next item was review of a conservation easement from Greg and
CONSERVATION Gina Nelson to the Montana Land Reliance consisting of approximately
EASEMENT 60 acres on the east side of the Flathead River and west of El Rancho
Road, east of Kalispell. This property is located in the Eastside Zoning
District, is zoned AG-80, Agricultural, and can be described as
Assessor's Tract 4 in the SW4 of Section 10, Township 28 North, Range
21 West, P.M.M., Flathead County.
Staff Report Wilson gave a review of staff report #FCE-97-8 and recommended the
Planning Board support the conveyance as it furthers the goals and
policies of long range planning in the master plan.
No public hearing is required.
Motion Kennedy moved to adopt the findings in report #FCE-97-8 and to
authorize the Planning Director to act on the Planning Board's behalf by
stating to the Montana Land Reliance that the conservation easement will
further the goals of long-range planning and they are in full support of
the conveyance. Conner seconded. On a roll call vote, the motion
carried 9-0 in favor.
INGHAM The next item for Board consideration was a conservation easement from
CONSERVATION George and Bonnie Ingham to the Montana Land Reliance consisting of
EASEMENT approximately 234 acres on the east side of the Flathead River; in the
Foys Bend area east of Kalispell. The property consists of portions of
Sections 26, 27, 34 and 35, Township 28 North, Range 21 West,
P.M.M., Flathead County.
�l Staff Report Wilson gave a review of report #FCE-97-9, with a recommendation to
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support the conveyance as it furthers the goals and policies of long-range
planning as set forth in the Master Plan.
Motion Carlson moved to adopt report #FCE-97-9 and to authorize the Planning
Director to act on the Planning Board's behalf by stating to the Montana
Land Reliance that the conservation easement will further the goals of
long-range planning and they are in full support of the conveyance. Bahr
seconded. On a roll call vote, the motion carried 9-0 in favor.
DAILY INTERLAKE The first public hearing was introduced on a request by the Daily
TEXT Interlake of Kalispell for an amendment to the Kalispell Zoning
AMENDMENT Ordinance, Section 27.14.020, Permitted Uses in the B-3 Community
Business zoning district. The applicants are proposing to include
"newspaper offices" as a permitted use. The amendment would allow
newspaper offices to locate on any property within the city of Kalispell
that is zoned B-3, Community Business.
Staff Report Wilson gave a presentation of report #KZTA-97-1, which reviewed the
application in accordance with the statutory criteria for a change in
zoning, Based on the evaluation, staff recommended that newspaper
offices be listed as a permitted use in the B-3, Community Business
Ozoning district.
Public Hearing The public hearing was opened.
In Favor Ron Peterson, publisher for the Daily Interlake, spoke in favor of the text
amendment, and explained their proposal for expansion.
No one else spoke either in favor or in opposition. The public hearing
was closed.
Board Discussion The Board felt that list of permitted and conditional uses in the B-3
district were more impacting than the requested use. It would actually be
a benefit to the neighbors when the Daily Interlake expands and moves
its distribution/delivery area away from the motel.
Motion Kennedy moved to adopt the findings of fact in report #KZTA-97-1 and
forward a favorable recommendation to City Council granting the text
amendment to allow "newspaper offices" as a permitted use in the B-3
zoning district. Lopp seconded. On a roll call vote, the motion carried
9-0 in favor.
RINKE / COZIAHR The next public hearing was introduced on a request by Paul J. Stokes
ZONE CHANGE / and Associates on behalf of Robert Rinke and John Coziahr for a zone
FROM R-1 TO R-2 change from the current R-1, a Suburban Residential zoning district to R-
2
�1 2, a One Family Limited Residential zoning district. The property
proposed for the zone change contains approximately one acre and is in
the Evergreen and Vicinity Zoning District, and would allow the creation
of one additional parcel. The property is located about 1,600 feet north
of West Evergreen Drive on the west side of Kings Way, and can be
described as Assessor" Tract 3BBG in Section 32, T29N, R21W,
P.M.M., Flathead County.
This request was tabled from the October 15d` meeting.
Staff Report Wilson gave a presentation of report #FZC-97-8A. The application was
evaluated in accordance with the statutory criteria, and based on the
findings, staff recommended the zone change from R-1 to R-2 be denied.
Conflict of Interest Jean Johnson declared a conflict and stepped down from the Board.
Public Hearing The public hearing was opened to those in favor.
In Favor Jean Johnson, of Paul Stokes and Associates, representing their clients
Bob Rinke and John Cozhair, was in favor. He stated that they had tried
to get other neighbors to be a part of the zone change to R-2, but the
neighbors were not receptive, as they wanted the ability to keep
livestock. We are pursuing our other options at this time. The issue of
spot zoning, in the Evergreen area, there is a hodge-podge of zoning. I
think a long term plan should be looked at for the area with the
availability of sewer and water.
No one else spoke in favor. The public hearing was opened to those
opposed.
Opposition Jim Bray, adjacent property owner, is opposed to the zone change. 'The
easement on his property is for the sewer line, only, the road is private.
If this goes through, then all of it will someday be changed.
Victoria Bray -Wallace, owns the property directly west of the subject
site. She is opposed to having that lot subdivided. She does not want
two neighbors. We bought the property because it was more open out
there.
Loren Hands, 314 Kings Way, the property in question. Until now, I did
not know that my house was going to be removed. I don't see any
feasible way that they can split that. I have a buy/sell in progress, right
now, from Mr. Rinke. The loan is in progress. I don't know what he
wants. I am leasing the land from Rinke and Cozhair. I am buying the
land from Mr. Rinke — the whole acre. The buy/sell date is December 2nd
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and the closing date is December 15'h. I have another buy/sell agreement
with him from October 1995, but it didn't go through and he wouldn't
renew it. I am opposed to this zone change. It is open and rural, and all
the neighbors want to keep it that way. I've lived there for quite a few
years.
No one else spoke in opposition. The public hearing was closed and
opened to Board discussion.
Board Discussion Johnson was asked when he had last spoken with his client.
Kennedy felt there was no reason f cR-further discussion on this issue. It
should have been tabled or withdrawn.
Lopp said that in defense of Rinke and John Cozhair, the application was
dated September 15tl% and tabled from the October meeting. Evidently, a
real estate trade happened and they failed to inform their consultant of
the buy/sell agreement.
Motion Kennedy moved to adopt staff report #FZC-97-8A as findings of fact and
recommend the County Commissioners deny the zone change from R-1
to R-2. Conner second. On a roll call vote Kennedy, Bahr, Conner,
J Carlson, Sanders, Lopp, Brenneman, and Hash voted aye. Johnson
abstained. The motion carried 8-0.
OLD BUSINESS There was no old business.
NEW BUSINESS .Wilson invited the Board members who are leaving their terms on the
Board to remain on the Master Plan subcommittees. No one wanted to
remain on a committee.
Certificates of Certificates of Appreciation were presented to outgoing Board members
Appreciation Robert Sanders, Robert Lopp, Pam Kennedy and Michael Conner.
ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 p.m.
Therese Fox Hash, President E 'za h Ontko, Recording Secretary
APPROVED: nl�- I l) 3 Jqs,
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