01-13-98KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
MINUTES OF MEETING
JANUARY 13, 1998
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 Therese Hash, Joe Brenneman, Jean Johnson,
Milt Carlson, Walter Bahr, and Gregory Stevens. The Flathead
Regional Development Office was represented by Narda Wilson, Senior
Planner. There were 14 people in the audience.
Election of Officers The next item of business was election of officers for the upcoming
year. The Board elected Therese Hash to serve as president, and Milt
Carlson to serve as vice -chair.
Member -at -Large There was discussion on electing member -at -large. Since the Council
has not made their city appointments to the Board, the member -at -large
will be selected when there is a full Board.
APPROVAL OF The minutes of the meeting of December 9, 1997 were amended to
MINUTES reflect that Walter Bahr was in attendance at the meeting. The minutes
Owere approved as amended on a motion by Carlson, second by Johnson.
Presentation on Deputy County Attorney Dennis Hester was introduced to give a
Housing presentation on housing discrimination.
Discrimination
He gave the Board an update on the latest legislative actions in regards
to housing discrimination.
Transfer of
The next agenda item was consideration of the transfer of a conditional
Conditional Use
use permit for the Stillwater Inn Bed and Breakfast and did not require a
Permit for
public hearing. The Kalispell Zoning Ordinance requires that transfer of
STILLWATER INN
ownership of a bed and breakfast facility requires review by the zoning
BED AND
commission to reissue the conditional use permit in the new owner's
BREAKFAST
name.
Staff Report
Wilson reviewed staff report #KACU-97-1 and recommended granting
the transfer of the conditional use permit. She noted that in the recent
zoning ordinance update process, this requirement may be taken out.
Motion Bahr made the motion to adopt findings of fact in report #KACU-97-1
and grant the transfer of the conditional use permit for the Stillwater Inn
O Bed and Breakfast to the new owners. Johnson seconded. On a roll call
vote the motion carried 6-0 in favor.
Kalispell City -County Planning Board and Zoning Commission
Minutes of meeting of January 13, 1998
Page 1 of 5
SAMARITAN The public hearing was introduced on a request by Bruce Measure on
HOUSE behalf of Samaritan House for a conditional use permit to allow the
CONDITIONAL expansion of their existing 32 bed shelter facility in an RA-1, Low
USE PERMIT Density Residential Apartment district use. The property where the
shelter expansion is proposed to be is 140 Ninth Avenue West,
Kalispell.
Staff Report Wilson gave a detailed presentation of report 4KCU-97-10. The
application was evaluated in accordance with all the necessary criteria
and staff recommended nine (9) conditions of approval.
Public Hearing The public hearing was opened to proponents of the project.
In Favor Bruce Measure, representing the Samaritan House as a member of the
Board of Directors, gave a brief background of the application, and
explained that the majority of the funding is from private donations.
Based on their past record of being a good neighbor, he urged the Board
to grant the conditional use permit, as there is dire need in the
community for the expansion.
No one else spoke in favor. The public hearing was opened to
opponents.
Opposition Eloise Kendrick, 140 10`1 Avenue West, was opposed to having this
many transients next to Peterson School, and wanted to know who
screens the tenants.
Pamela O'Lexey, 10t" Avenue West, testified that the parking lot is often
full of cars, contrary to what the staff report states, and it is an impact to
the neighborhood. They have had problems with trespass and burglary
and have been unable to sell their home because of the shelter. They
know some of the people who live there, but most are from out of state.
She had concerns that the proposed loading zone would block their
alley. The expansion would change the character of the neighborhood,
and she was opposed. She wanted to know what was meant by
"transitional housing".
Dennis Johnson, 117 10`1 Avenue West, agreed with his neighbor, Mrs.
O'Lexey. His home is across the alley from the proposed Phase 2, and
he has concerns about the safety of his two children. He has a fence, so
does not have the problem with trespass, however, has had some
dealings with shelter residents that were unpleasant. He feels that
expanding the shelter will be an invitation to bring more transients in
from out of state.
Kalispell City -County Planning Board and Zoning Commission
Minutes of meeting of January 13, 1998
Page 2 of 5
�1 There being no further opposition, the public hearing was closed and
opened to Board discussion.
Board Discussion Wilson answered the questions regarding the loading zone, the
anticipated vehicle trips per day, and assured the neighbors that the alley
would not be blocked. She explained what transitional housing was,
which would be small apartments for people transitioning from
homeless to finding shelter. The rules of the Samaritan House are very
strict regarding the use of drugs and alcohol, and the residents are
required to look for work while at the shelter.
President Hash read through the statistics submitted with the staff report
for the benefit of the audience.
Bruce Measure further elaborated on the expansion, explained what
transitional housing was, and that the expansion is for 92 beds, not
bedrooms. He further testified that Police Chief Ad Clark has reported
that there has been minimal problems with Samaritan House, and they
do patrol that area.
The Board discussed the conditions of approval and felt that the
application had been thoroughly reviewed.
Motion Bahr made the motion to adopt staff report #KCU-97-10 as findings of
fact and recommend the conditional use permit be granted subject to the
nine conditions. Brenneman seconded. On a roll call vote Johnson,
Bahr, Carlson, Stevens, Hash, and Brenneman voted in favor.
GLACIER PINES The next public hearing was introduced on a request by Barry Ultican
PRELIMINARY for preliminary plat approval of Glacier Pines Mobile Home Park, a 60
PLAT space manufactured home park on approximately 10.9 acres in an R-5, a
Two Family Residential zoning district. The property is in the
Evergreen area at 1850 Highway 35 East, Kalispell.
Staff Report Wilson gave a presentation of report #FPP-97-9. The application was
previously reviewed and granted approval on April 5, 1994. The
preliminary plat approval has expired and thus is again before the Board.
A conditional use permit was granted by the Board of Adjustment in
March, 1994, which goes with the land, and is still in effect. The plat
has not changed, the two-year approval has just expired.
The application was evaluated in accordance with all the necessary
criteria and staff recommended 17 conditions of approval.
Kalispell City -County Planning Board and Zoning Commission
Minutes of meeting of January 13, 1998
Page 3 of 5
One letter was received in opposition to the project from adjacent
(�! property owner, Emil Struck.
Public Hearing The public hearing was opened to proponents of the application.
In Favor Barry Ultican, 1850 Montana Hwy 35 East, the applicant, spoke in
favor. He explained the reason for delay in developing the project, and
testified that all the technical work has been completed and approved.
He questioned condition #10.
Wilson agreed that condition #10 be deleted, as it does not pertain to this
development, and is covered in condition #4.
No one else spoke in favor. The public hearing was opened to
opponents.
Opposition Darvin Struck, a farmer who owns the adjacent property to the south and
west, presented some historical background of the property. He is a
third generation farmer, and his grandfather had homesteaded and
farmed the property in question, as well as where Spruce Park- Trailer
Court is located. He sold portions of the farm in the `70's. He is not
opposed to the mobile home park, but has concerns about the density,
because of its proximity to the river, he has concerns about the
-' floodplain, water quality, and wetlands in the area. They already have
problems with traffic and people trespassing on their property, which
will probably increase. He questioned the impacts on the schools, as
mobile homes are considered affordable housing and would generate a
lot of children. Police protection was another concern.
Clifford Struck, agreed with his brother. Flooding is a problem in the
area, and he feels with the density of the project it would create more
problems. A recent appraisal of their property indicated that the best use
for the land was farming, and the floodplain devalued the acreage.
There were no other speakers in opposition. The public hearing was
closed and it was opened to Board discussion.
Board Discussion The Board determined that this proposal has been thoroughly reviewed,
with this being the third public hearing on it. The conditions are
substantially similar to those previously approved for the preliminary
plat.
Hash recognized that there would be a great potential for trespass on the
Struck's property, and wanted to amend condition #14 to delete the
-� option of putting in a hedge, as that can be easily crossed.
Kalispell City -County Planning Board and Zoning Commission
Minutes of meeting of January 13, 1998
Page 4 of 5
Brenneman shared the concerns about development in the floodplain.
Motion Carlson made the motion to adopt report #FPP-97-9 as findings of fact
and recommend the preliminary plat for Glacier Pines be approved,
subject to the conditions listed, deleting condition #10. Bahr seconded.
Amendment to the Hash moved to amend the motion to modify condition #14, eliminating
Motion the option providing a hedge, so that it reads: "That a six foot tall sight
obscuring fence be placed along the perimeter of the park property."
Bahr seconded. On a roll call vote, the motion to amend condition #14
passed 6-0 in favor.
Roll Call Vote On a roll call vote to adopt the findings of fact and forward a favorable
recommendation to the County Commissioners to grant preliminary plat
approval of Glacier Pines Mobile Home Park, subject to the conditions
as amended, the motion carried 5-1, with Brenneman voting no.
OLD BUSINESS There was no old business.
NEW BUSINESS The appointment of board members to the master plan study committees
will be done when the Board is fully seated. An orientation meeting for
the new members will be scheduled when those members are appointed,
as well.
The Board discussed whether or not to keep the text in the zoning
ordinance regarding planning board review of transfer of ownership for
a bed and breakfast facility. Since other conditional use permits run
with the property regardless of ownership, it was decided that staff s
proposed text amendment was appropriate.
There was no further new business.
ADJOURNMENT The meeting was adjourned at 9:37 p.m.
.,-&� 4�fi C�
Therese Fox Hash, President 1, abeth Ontko, Recording Secretary
APPROVED: 0� f �/
f'O I��
Kalispell City -County Planning Board and Zoning Commission
Minutes of meeting of January 13, 1998
Page 5 of 5