04-14-98KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
APRIL 14, 1998
Wildfire Management There was a presentation at 6:00- p.m. by the Department of Natural
Presentation Resources and Conservation regarding wildfire management as .it, relates
to rand -use planning issues.
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND -ROLL CALL Roard- and- Zoning Commission was called to order at 7:05 p.m. Board
members present were Walter Bahr, Milt Carlson, Jean Johnson, Gregory
Stevens, Rob Heinecke, D-on Dines, Therese dash,- and- Iron Garb�rg.
Joe Brenneman arrived at 7:30 p.m. The Flathead Regional Development
Office was represented- by Narda Wilson, Senior Planner. There wire
approximately. eight people in the audience.
APPROVAL OF The minutes- ofthe-meeting-of-March 10; 1991&, were corrected -on page
MINUTES 4, to reflect that Carlson said that he "favored consistency with the
County Zoning regulation numberirr�"- The minutes were approve& as
corrected on a motion by Carlson, second by Bahr.
DAILY Il T Elt The first public, hearing was- introduced- on a request- by- the- Deily
LAKE TEXT Interlake for .an amendment to the Kalispell Zoning Ordiance, Section
AMENDMENT'f 27.15.a40f3-y, Property Development Standards, Minimum Yards, for the
SETBACK B-3, Community. -Business, zoning to reduce the required minimum rear
REQUIREMENTS yarn setback from the current 20-feet-to rg f�et.
IN B-3 ZONE
Staff lteport, Wilson presented- stag report #KZTA=98=2, recommending approval\ of
the requested, text amendment.
Public Bearing The public hearing was opened to those in favor of 'tire requTst.
In Favor Ron Peterson, Daily Inter Lake, explained their long term plans for the
expansion- of the publishing facilities,. and- thar they- would -prefer to
expand than move the entire operation. The design would reduce the
impacts from headlights-shining-intu the- motel- units. There are no noise
impacts, and the building would complement .the neighborhood.
Dave Meredith; architecrfor-the-projectexplained- how the design world
improve the neighborhood and reduce the headlights shining into the
motel unit.
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No one else spoke either in favor or in opposition. The public hearing
was closed and opened to Board discussion.
Board Discussion The Board reviewed the reason for the initial 20 foot rear setback and
determined it was an oversight in the zoning ordinance. There was
discussion on including the other business zones in the text amendment.
Motion Bahr made the motion to adopt staff report #KZTA-98-2 as findings of
fact and- recommend- that City Council- amend' the Kalispelt Zon*ng
Ordinance to reduce the minimum rear yard setback requirement from 20
feet to 10 feet in the 8-3; Community Business and the $=2; f engral
Business zoning districts. Garberg seconded. On a roll call vote, the
motion carried 8-0 in favor.
GRUMPA'S The next public hearing was introduced on a request by "G" L.L.C.
RESTAURANT AND' Development for- a conditionat- use permit to allow the conversion of
CASINO / Grumpa's Restaurant to a restaurant and casino in the B-2, General
CONDITIONAL Business zoning district on property located- south -of the intersection of
USE PERMLT First Avenue East and Highway 93 South on the east side of Highway 93
South.
OStaff Report' Wilson gave a presentation of report #kKCU=98=4,' recommending �he
conditional use permit be granted, subject to six (6) conditions of
approyal.
Public Hearing The public hearing was opened to those in favor.
In Favor Pat Kelley, emptoyed -by the-developmentcompanyy had -a- couple- of items
to discuss. The neon is an issue, and condition #3 on the -.highway ROW.
We have - concerns about developing that-- at this - time- based orr the- fact
that it is an asphalt strip and looking at the existing properties adjacent,
we are not sure that it fits. There is grass to the south, but on the -north
side, where Tire -Rama is, they have only extended their landscaping -out
about -10- feet. The- landowners on either- side- have- had- differFnt
conditions imposed on them, so we ask for clarity on how this was
determined.
Wilson clarified the'uses adjacent to this site were permitted'uses t�at
were required to meet the landscaping requirements of the zoning.
ordinance. So, this requirement is not inconsistent' with what xYas
required for the properties to the south and north.
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0 Kelley argued that to the south that is correct, but not for the north.
There is a cost involved-, and -uncertainty about when tare highway 9--3 will
come through all the way. It seems impractical for us, because of the
asphaltthathw to- be- picked up. They were stealing with dirt patches,
and we would have to go to considerable expense to remove the asphalt.
We intend- to clean it up, but- tire drive --through- is critical -tor make, the
restaurant successful. Whatever is left will be landscaped, but our
primary concern was having to rip out the -ROW.
We are very sensitive to the neon lighting and signage, as well as being a
good- neighbor. We wilt have a very attractive building, and- wilt not, be
garish to the detriment of the overall look.
Ron Clem, Design- Ooncepts, explained- the -building design- challenges\ of
the existing building, and explained that they must adhere to the lighting
restrictions imposed- by- the- Montana- Department- of Transportation, for
the highway corridor.
There were no other speakers either in favor or opposed -to the project.
The public hearing was closed and opened to Board deliberations.
O B-oard-Discussion Wilson answered, question, about ROW, temporary signage, neon
lighting, and signage allowed under the sign ordinance.
Stevens argued- for neon, based on the existing neon signage-- on
businesses all along Main Street. With regard to neighborhood
compatibility, The Rose has- very attractive- neon roses on the front of
their building.
There- was- discussion -on- landscaping options; with -regard- to- type; 9st,
and how much was in the right-of-way.
Wilson suggested- that the condition could be clearer by stating: The
ROW to the west of the property, which was previously striped for
parking, be developed --to a minimum 10-foot landscape buffer. The
landscaping. that we are requesting could be integrated into the approach
permit requgst.
Mr. Kelley- assured-- the -Board- that they will- keep- the- 4E- feet in- front of
their property clean and the weeds mowed down, as it reflects on their
busin�ss.
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Hines noted that this property is one of the few south of Kalispell that has
not cleaned'up tiro ROW. Ifthey-are going to put that much money into
that facility, then take a minimal amount and dress that area up.
Heinecke pointect-out in tire -regulations that-alandscape buffer -is required
anyway, along with the parking requirements, and was in favor of deleting
condition #3.
M-0tiorr Brenneman- moved to- adopt stag report4KCU-98=4 as- findings - of fact,
and recommend to City Council that the conditional use permit be
granted subject to the conditions set forth, deleting #3. Bahr secon�ed.
On a roll call vote Bahr, Johnson, Stevens, Garberg, Brenneman, Hash
and Heirrecke- voted aye: Hines- and- Carlson- voted- no. The -motion
carried 7-2.
NEWBUSINESS Urider- new-businewwas-the- untinuatiorrofreview-of proposed- revisions
to the Kalispell Zoning Ordinance. A joint work session with City
Council will -be- scheduled.
OLD BUSINESS Under old business, there was scheduled further discussion to consider of
district b`oundarres•forrezomng ofthe-Foys Lake -area.
Staff brought a number of maps,. which she displayed for discussion. The
B-Qard- discussed- the infmnatiorrprovided- witty the- maps, attength; ch
as steep slopes of 30% or greater and when there would be extension of
urban services,
Darr Pearce- was in- the- audience- and was recognized to- speak- He
contacted all his neighbors to find out if they were in favor of rezoning
this to SAG-5-, fi=-AG-40 There- are- eleveir property owners in -this
120 acre piece . Seven are in support, two did not respond, one took no
position, and one was unavailable.
Hash had a philosophical problem with this request being, sparked by the
request of a single landowner, taking a very specific area, a small- area,
and rezoning it, when there is no real demand or need for it, except for
this one person. These acreages would then get carved into 5-afire
ranchettes that become weed patches and fire risk in an area that has
wildlife, and -is classified as a high fire risk due to the steep slopes and
limited emergency access.
Johnson &It -that urban- services will -bre- extended sooner tharr pi c jed
because of the stringent standards for septic systems. I think this is'an
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opportunity for Paying the groundwork for proper development around
Foys Lake. I hate. SAG-5,. because it is one acre of lawn and. the. rest, is
weeds. I'd -rather see SAC-TQ Ifwe don't take the initiative now to
guarantee that Foys Lake is properly developed, we are remiss. We tend
to mix subdivision regs with zoning. They are totally different. The
whole area could be zoned one thing,. and it doesn't matter if there are
steep slopes, etc. That is covered -in subdivision review, not ' zoning. 1. am
not excited about this. I do not think it is a well -thought out plan. Let's
do it right and let's do it once. Ideally, I, think a neighborhood Plan
would be the way to address this, but there is no real interest in doing
tliat.
Stevens argued -that in his opinion, the property is question was not'suited
for any other use other than small ranchette development. He also argued
that it- was not- spot zoning, as lie had- researched the- ruling on spot
zoning and this did not apply, in his opinion. He would go back to
rezoning his 407acres to S-AG--5, just to get Mr. Pearce off his back. The
Commissioners want us to do it, Mr. Pearce wants to do it, and I want to
do it: We can lorok-at-the-rest-ofthe -area -ara-l"te.
Motion Bahr moved that the Kalispell City -County Planning Board request the
FRDO-to prepare a letter -to- the- County -Commissioners indicating that-Y re
have extensively reviewed the area south and west of Foys Lake and that
we would- recommend a SAG-5- zone change lfe imprementect- far the l 20
acres immediately south of the current SAG-5, to come before this Board
for review. Johnson seconded. On a roll ' call- vote Bahr, Johnsen,
Garberg, Heinecke, Stevens, and Hines voted aye. Carlson, Brenneman
andHash-voted no. The motion-carried0-3.
Old Business Other old business, Carlson announced a presentation on Walkable
Communities.
The letter from Russ Crowder which was mailed'to alr Planning B-o rd
members will be discussed under new business next month when 1e
B-oardl-discusses the zoning text amendments.
ADJOURNMENT There being no further business, the meeting was adjourned at 10:00 p.m.
Then-ese Fox Hash; -President
APPROVED: U
abeth Ontko; Recording � Secretary
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