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02-10-98KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING FEBRUARY IQ,' 1998 Master Plan Work There was a work session scheduled at 6:30 p.m. to discuss the master Session plan update. Steve Kountz, Senior Planner, gave an overview of the progress, for the new members. The process began about one year ago, and'is projected to be available for public review and'comment by this fall. 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 7:00 p.m. by Vice - Chair Carlson. Board members present were Milt Carlson, Walter Bahr, Joe Brenneman, Jean Johnson, and Greg Stevens. Don Garberg and Rob Heinecke were recently appointed by City Council and 'were welcomed on the Board. Therese Hash was absent (excused). The Flathead Regional'Development Office was represented by Narda Wilson, Senior Planner. There were approximately 20 people in the audience. Election of Member Next item of business was election of the member -at -large. Letters of at Large interest were received from John Parsons, Don Hines, and Sydnee Hill. All were present and ' introduced 'themselves. By written ballot; Dion Hines received the majority votes. His appointment must be confirmed by both the City Council'and County Commissioners. APPROVAL OF The minutes of the meeting of January 13, 1998 were approved as MINUTES' written on a motion by Johnson, second by 11#. THOMPSON, The first public hearing was introduced on a request by Glen and Mildred NOBLE & Thompson, Cecil and Isabel Noble and Catherine McKinley on lsehalf of McKINLEY ZONE themselves and property owners in the area to rezone several parcels CHANGE'FROM ' from R-3-, a Residential- zoning district, and- RA-l-, a Low Density R-3 and RA-1 TO Residential Apartment zoning district, to RA-3, Residential RA-3' Apartment/Office zoning district on the east side of North Merid}an Road. Don Garberg declared ' a conflict of interest on this matter and ' stepped down from the Board Stafl'Report Wilson presented'an overview of report #KZC-98=1. The necessgry Kalispell City -County Planning Board Minutes of Meeting of February 10; 1998 Page 1 of 8 criteria for a zone change was evaluated, and the recommendation was to grant the zone change from R-3 and RA-1 to RA-3 . This conforms with the North Meridian Neighborhood- Plan which is part of ' the Kalispell Master Plan. Questions Johnson asked ' if the adjacent property owner of Tract 6B had ' been invited to be included in the zone change? He represented that property owner on a zone change request about 2'years ago, and'it was turned down. Wilson responded'that he had- been contacted- as an adjacent propoerty owner, however did not hear from him to include that property in the Board's recommendation for a zone change. Carlson noted that all the applications requested R-5. Was that to keep it as office uses? Wilson replied ' ' that was correct, and- she had' discussed staffs recommendation with the applicants, and they agreed. The RA-3 allows more uses, because it allows apartments. Public Hearing The public hearing was opened to proponents of the zone change. In Favor Jeffrey Heider, 232 South Meridian, spoke in favor ofthe zone change` I have an interest in purchasing property from the Nobles. I am a psychologist and'my wife is a speech and language therapist, and -we would like to purchase that property for an office. No one else spoke in favor. The public hearing was opened to thi se opposed to the proposed zone change. Opposition Geri Ann Robbins, West Arizona St:, lives adjacent to the Merd}an Pointe apartments. In previous testimonies, protests of more than 120 people haven't'gone anywhere. I ask, beg and plead 'of the Commission, that if and when you do approve this, that you absolutely DO NOT allow a through street from Meridian to Highway 93 using West Arizona. 1� is such a -horrible -intersection-- 5' AvenueVN; T-intersecting with -West Arizona. If is a blind corner, many people disregard'it, there are many accidents. On behalf of all the people who cannot be here, I strongly request that a through street not be allowgd. I again, have concerns about this zone change to RA-3. The Meridian U Kalispell -City -County Planning Board Minutes of Meeting of February 10, 1998 Page 2-of8 Pointe apartment requirements were never completed: There was supposed to be a fence with a landscaped buffer zone, and it is still not done. We have neighbors whose fences are repeatedly ripped ' down, there are repeat problems with vandalism from residents in the apartment complex. On the north'side, there is still'barbed wire. Again, feeling that our input will be defeated, I would ask that the requirements for fencing and landscaping be done so there isn't additional' traffic from the businesses and apartments that would be generated. These issues with Meridian Pointe have never been resolved, repeatedly promised, lout never have been. Obviously, the neighbors are concerned that the pattern will'repeat itself and'request that things be addressed and completed; as. promised. Colleen Berger, 622 West Arizona, had concern with parking and 'acc�ss at the house on North Meridian adjacent to their house. We have a lot of turn around ' traffic on West Arizona, which ' creates problems with garbage pick-up, snow removal and the driveways. My other concern is that if apartments are a part of this plan, Russell School ' is already overcrowded. There is no room to expand, and I do not want to see my kids bussed -to another school. Brenda Hamblin, 614'West Arizona, was opposed to the zone change for apartments because of increased traffic, she had concerns about safety for kids walking to school; the overcrowding of -the schools where the kids are already being bussed elsewhere, and how this would affect our property values. She urged the Board to consider our concerns. Mike Stevenson, 610 West Arizona, also had concerns about making West Arizona a through' street. There is a large amount of traffic on Arizona that is turn around. We have two boys who play in the street, since we do not have sidewalks. One of -my boys goes to Russell School, the other one can't get in because the school is full, so he is bussed across town. You put more apartment complexes in there, what mill happen with those kids? There being no others in opposition, the public hearing was closed'�nd turned to Board deliberation. Board Discussion Narda addressed ' some of- the issues that came up during the public hearing. The major concern was the extension of West Arizona. The zone change does not propose the extension of West Arizona. That is an Kalispell City -County Planning Board Minutes of Meeting of February I Q; I?98 Page 3of 8 C� entirely different process. It could ' happen regardless of the zoning designation. Apartments in this use district are a conditional use and would''require a public hearing. Any office uses would'be requited to meet the parking and building standards for the City. To address the concerns about the additional'apartments going in and'the impacts to the school, an alternative zoning designation would be the R-5 that basically allows the same uses, except fot apartments. The Board was familiar with the problems with Meridian Pointe apartments, and' asked' about the the City's responsibility to enforce the conditions for fencing. Wilson replied that the Zoning Administrator would'be the appropriate follow through. Ms. Robbins said ' she has spoken with Diana Harrison on numerous occasions, but will complain once more about the situation. Carlson noted- that this Board' has been living with' the burden of Meridian Pointe for five years and the problems that have occurred, and I would -hope that pressure on the Kalispell ' building Department would help alleviate that and get them to do what they said they were going to do. The neighbors have come in the past to talk about it. It is something we cannot do in a zone change, but the issues can be alleviated by having professional offices. We could' direct future boards ' to allow only siiiole family residences or professional offices. The uses in the two zoning districts -- RA-3' and 'R-5 -- were compared and discussed. Narda pointed' out that the North Meridian Neighborhood- Plan designates this area for high density apartment and was part of the planning process. So, if this is an area the Board ' does not feet is appropriately designated, that needs to be addressed in the master plan update. Staffs opinion was that RA-3'more closely complied with the neighborhood plan, than R-5. However, R-5 does allow duplexes and a mix of uses, so would also comply. She did not anticipate apartments going in, because the applicants propose office uses. Brenneman asked about' the potential' impact from apartment development on the property. Over 50% is already zoned RA-1. He had concern that several years from now, when there is a new Board, if it is Kalispell City -County Planning Board Minutes of Meeting offebruary 10,' I�98 Page 4of 8 zoned RA-3, which allows apartment complexes, the intent to keep it as professional offices is lost. I'do not get the sense from the neighbors, or the staff that this is an area that we want high density residential. Other Board'members agreed -that R-5 was a preferable recommendation. There was discussion on the traffic situation in that neighborhood, which is an ongoing problem. Motion Bahr moved to adopt report #KZC-98-1 as findings of fact, and recommend" � that- City Council grant a zone change on the subject properties from R-3 and RA-1 to R 5. Johnson seconded. Discussion on Motion It was felt that the R-5 'designation meets the needs of the petitioners, as well as addresses the concerns of the neighbors. Stevens felt uncomfortable about changing the recommendation without consulting with the applicants. Brenneman agreed with Stevens, but pointed out that on all' three petitions, the applicants asked for R-5. Roll Call'Vote On a roll ' call vote Bahr, Brenneman, Carlson, Johnson, Heineke and Stevens voted in favor of recommending a zone change from R-3 and RA=1'to R-5 as requested by the applicants. The motion carried-§-0. Garberg returned to the Board. WHITE ZONE ' The next public hearing was introduced on a request by Edgar and CHANGE UPON Margaret White for annexation into the city of Kalispell and initial zoning ANNEXATION f of R-3, a residential' zoning district. The property proposed- ' for FROM COUNTY annexation is located on the north side of California Street between R=1'TO'CITY'R-3 Fourth Avenue EN and'Fifth Avenue EN,' and- can be described- as Assessor's Tract 24A+, Section 8, T28N, R21W, P.M.M., Flathead County. It is currently'zoned'County R4, Suburban Residential, which requires a minimum lot size of one acre. StaffReport Wilson gave a presentation of report #KA-984,' and recommended -'the property be zoned R-3 upon annexation into the City. She pointed- out the little parcel of land (Tract 24; which is part of Tract 7D in Section 7) located in the southwest corner was included in the Kalispell City -County Planning Board Minutes of Meeting of February 10, 1998 Page 5of'8 '~! annexation request, by permission of the property owners. Public Hearing The public hearing was opened to those in favor Edgar White, the applicant, was in favor of the zone, so that they can build a home on the property and hook up to city services. No one else spoke either in favor or against. The public hearing was closed and opened to Board discussion. Board Discussion Bahr asked'if the entire parcel was to be annexed; or just the building site? Narda noted for the Board's information, that the City is interested in acquiring a portion of ' the White's property to incorporate into Lawrence Park. Part of the site is very steep and drops into the slough. Motion Bahr moved to adopt findings of fact in report #KA-98=1; and forward a recommendation to City Council that the property be zoned R-3 upon annexation into the city. Brenneman seconded.' On a roll ' call vote Bahr, Stevens, Heineke, Carlson, Johnson, Garberg, and Brenneman voted aye. The motion carried 7-Q.. JUNGE The next public hearing was introduced on a request by Peggy and CONDITIONAL Charles Junge for a conditional ' use permit to allow a community USE PERMIT / residential facility for six seniors, who do not require skilled nursing care, COMMUNITY ' ' in an existing residence in a RA=2, High Density Residential Apartment, RESIDENTIAL zoning district which lists community residential facilities as a FACILITY- conditionally permitted'use. The property address is 230T`ourth Avenue West, Kalispell. StaffReport Wilson gave a detailed presentation of ' report #KCU 98=2: The application was reviewed in accordance with all the necessary criteria and staff recommended'the conditional'use permit be granted subject to five (5) conditions. Public Hearing The public hearing was opened to those in favor. In Favor Peggy Junge, spoke in favor. Her and her husband selected this house after looking at many, because of ' the size of the home and ' - the neighborhood. It was repossessed by the bank which is why it is in the condition it is in. We have started to address the problems of neglect and have no problem with any of the conditions. Kalispell City -County Planning Board Minutes of Meeting of February 10, 1998 Page 6of 8- No one else spoke either in favor or in opposition to the proposal: The ` public hearing was closed and it was opened to Board discussion. 136ard'Discussion There was discussion on the parking requirements. MT. Junge explained their parking plan. The Board had no other concerns with the proposal. Motion Brenneman moved'to adopt staff report #KCU-98-Z 'as findings of fact and forward a favorable recommendation to City Council to grant the conditional use permit'to allow the operation of Harmony House subject to the five conditions. Bahr seconded. On a roll call vote, the motion carried"74iii favor. ARMSTRONG The next public hearing was introduced on a request by David Armstrong CONDITIONAL' for a conditional use permit to allow the conversion of the First Avenue USE PERMIT / West restaurant and bar, to a casino, to be known as First Avenue Casino CASINO- in a R-4 zoning district, the Central Business District, which lists casinos as a conditionally permitted use. The property address is 127 First Avenue West, Kalispell. Staff Report Wilson gave a detailed presentation of report #KCU-98-1. After evaluation of the application, staff recommended four conditions of - approval upon granting the conditional use permit. C� Public Hearing The public hearing was opened to proponents of the propo§al. In Favor Dave Armstrong, 2390 Dillon Road, Whitefish, the applicant, stated that over -the last four years; Vt Avenue West Restaurant has operated in the red, partly due to the cost of a liquor license because of gaming. The only way we feel that we can afford to do this project is to have the 20 gaming machines. We will preserve the integrity of the building, both inside and outside. There won't be a lot of lights, just a strip of neon around the top of the building. The restaurant will' serve nice meals. Brian Godimus, 127 Waverly Place, Whitefish, director of operations, said -we want to make it a fun establishment that will be a nice addition to the Kalispell business community. Kim Larsen, the architect on this project, explained'the minor changes they plan. No one else spoke either in favor or in opposition. The public hearing was closed, and opened it to Board discussion. \l Kalispell City -County Planning Board Minutes of Meeting of February 10, 1998 Page 7-of 8 Board Discussion There was discussion on the signage and parking. No comments were received from any of the adjacent property owners. Motion Bahr moved to adopt report #KCU-98-1 as findings of fact and recommend the City Council grant the conditional use permit to allow a casino in the B-4 district, subject to the four conditions. Johnson seconded. On a roll call vote Johnson, Heineke, Brenneman, Stevens, Bahr, Carlson, and Garberg voted aye. NEW BUSINESS Wilson gave an update on the progress made on rewriting the Kalispell Zoning Ordinance. She proposed putting several chapters that have been fine-tuned under new business for Board review, discussion and revision, for subsequent public hearing. An orientation meeting for the new Planning Board members was suggested. Carlson shared information on a Land Use Conference in Denver on March 12-13 sponsored by the University of Denver's School of Law and Rocky Mountain Land Use Institute. OLD BUSINESS Under old business was consideration of rezoning in the Foys Lake area. Wilson reviewed her memo to the Board. The Board discussed the proposal as part of the master plan update. The master plan study committees are in need of volunteers. Greg Stevens and Don Hines (member at large) volunteered to be on the Neighborhoods and Environment committee. Don Garberg and Rob Heineke volunteered to be on the Business and Development committee. ADJOURNMENT The meeting was adjourned at 9:27 p.m. Milton J. Carlson, Vice -Chair E�e(h Ontko, Recording Secretary APPROVED: Kalispell City -County Planning Board Minutes of Meeting of February 10, 1998 Page 8of 8