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10-20-98KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF THE MEETING OF OCTOBER 20, 1998 CALL TO ORDER AND The regularly scheduled meeting was called to order at 6:05 p.m. ROLL CALL by President Therese Hash. Board members present were Therese Hash, Joe Brenneman, Rob Heinecke, Gregory Stevens, Jean Johnson, and Donald Hines. Donald Garberg and Walter Bahr arrived late. Milt Carlson was absent (excused) . The Flathead Regional Development Office was represented by Steve Kountz, Senior Planner. There were approximately 45 people in the audience. APPROVAL OF MINUTES Hash asked if there were any corrections to the minutes of the meeting of September 10, 1998. 'Stevens said that the second to the last paragraph under old business was not attributed to any Board member as a statement and that it looked like it was a statement of fact or a Board consensus. Stevens said he remembered the discussion as Mr. Carlson maintaining that the Board was a quasi-judicial body, and that Mr. Stevens maintaining that it is a legislative body. Stevens said he had referenced Greens vs. Missoula. Stevens he wanted to clarify that this was not a Board consensus or matter of fact; Stevens stated Mr. Johnson had said a Board of Adjustment is a quasi-judicial body because they make decisions that are not reviewed by a legislative body, only by a court. Stevens said he would like the minutes to reflect what was actually discussed. Brenneman agreed that the minutes as written were not an accurate summation of the discussion held and that the discussion was actually two different opinions being expressed and the minutes should reflect that. The Board agreed to approve the minutes of the September meeting with the corrections as stated. TRINITY EVANGELICAL The public hearing was introduced on a request by Trinity LUTHERAN CHURCH Evangelical Lutheran Church for a conditional use permit to CUP convert the existing house at 373 W. Washington Street to a day care center. Staff Report Steve Kountz gave a detailed overview of Staff report #KCU-98-8. The application was evaluated in accordance with criteria in the zoning regulations for a conditional use permit. He noted the proposed parking lot accesses an unpaved alley and that most of the alley on the block is paved except approximately 300 feet adjacent to the site which is gravel. Kountz said that the Kalispell Public Works Director had recommended that the unpaved portion be paved because of the anticipated increase in traffic and dust Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 1 of 14 Kountz went on to say the proposal generally does not fit the character of the area now which is substantially suburban residential. Kountz noted six letters had been received from neighbors opposing the proposal and were submitted to the board. He stated there was considerable concern by Fish, Wildlife and Parks staff that the river is very hydrologically active in this area and that the river channels change. Kountz said letters from Fish, Wildlife and Parks, the Flathead Conservation District, Montana Department of Environmental Health, Flathead Basin Commission, Flathead Land Reliance and the Flathead Lakers had been received with concerns about floodplain, water quality and wildlife habitat In summary Kountz stated staff was recommending denial of the proposal but if the Board chose to make findings to approve the proposal, there was a recommendation in the staff report as listed . in Exhibit A and a resolution would be required Public Hearing: Stevens asked whether the BR-4 zone was the same that Winter Sports had on Big Mountain. Kountz replied it was. Rich DeJana stated he was representing the applicant who was out of town. DeJana passed out to the Board. amendments to the staff report and an alternative to Exhibit A DeJana stated that Shopko has an easement to be connected as a �J roadway. DeJana said that the previous zone change request by the applicant had been for R-5 and that the Board did vote against it. DeJana said when it was previously before the Board, the open space was one of the areas considered for the youth complex, the FRDO staff added a 100 foot roadway, and the denial at the Commissioners office came at the request of Mr. Lincoln. DeJana said it was very clear that the project is contingent on the roadway expansion and hookup to the water system, and if these things .do notoccur, the project should not go forward.. DeJana stated he felt FRDO staff had given the Board a zoning report, not a master plan change. Regarding Item #3 of the staff report, DeJana said if the road from Shopko goes through, the character of the neighborhood will change and that is why the applicant is making these plans. With that change, the plans would fit. In regards to Item #5, the property is close to commercial areas, is close to a high density area and that the proposal would probably provide more open space when it is completed than an R-1 density development. DeJana said under their definition of open space, it was areas where there are no structures, excluding driveways and parking areas and where a golf course fits. DeJana said in regards to Item U#6, there is no County zone that allows a truck stop except industrial zones, and that in his amendment he had deleted industrial zones. DeJana said truck terminals were where trailers Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 3 of 14 Commissioners. DeJana said land uses should be low impact resort uses appropriate to the area, and that any development in this area must be served by public water and sewer, and provide for adequate open space as defined by the zoning regulations. DeJana said they recognized that the design, property acquisition, and funding to construct the LaSalle Road extension to Conrad Drive, must be completed prior to resort development of this site. DeJana said they also recognized under other land use regulations that any construction, new subdivision of lots must comply with the floodplain and floodway regulations. DeJana stated the natural topography and vegetation, which is an important for major parts of this proposal, should be protected to the maximum extent feasible; and that lands within 100 feet of the perennial and seasonal river changes should be retained in a natural state with no structures, roads, fills, excavation or excessive vegetation removal, other than the primitive pedestrian trails and upgrading the road crossing the slough. . DeJana said he had somewhat changed the proposal of the staff, which basically allowed up to six years for this to occur automatically. DeJana said they were proposing that if substantial zoning has not been completed and physical improvement had not begun by 1 / 1 / 2003 the underdeveloped portion of this site shall revert back to pre-existing suburban/residential designation of the O master plan, with the exception that Commissioners may, at their discretion and only one application, extend for a period not to exceed three additional years. Public Hearing: In Favor: Doug Dahl spoke in favor. Dahl said he lives across from this property on El Rancho Road, and thinks the proposal is very good. He loves to fish, pan gold and hunt and does not have confidence in Fish, Wildlife and Parks. He said he would like convenient golfing. In Opposition: Neal Brown with Flathead Audubon Society spoke in opposition to the plan change. This land has high community value and there has been a focus of community efforts to maintain water quality and a buffer. The neighborhood reflects this effort and the open space is an intregal part of community and neighborhood life. Long range harm would stem from creating a key traffic flow area and intersection. The master plan be honored and the staff report accepted by the Board. Susan Spencer with Flathead Audubon Society also spoke in opposition and felt the golf course should not be allowed. Mark Holsten, Flathead Basin Commission, submitted a letter to the board and stated that rivers are the next frontier to be developed and there would be and increase in pressure on any river Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 5 of 14 Dr. Van Kirk Nelson, Glacier Gallery, noted Conrad Drive was flooded and that is the biggest risk associated with this project He owns 360 acres in conservation easement nearby. He noted the cost of water and sewer systems are expensive and questioned with the existing system handle the increase. He thought the board should deny the project. Mayre Flowers, representing Citizens for a Better Flathead, concurs with staff report for denial. She stated there is a weakness in the master plan because it has no criteria to review the amendments. She asked the board to consider all the conditions of staff report and to balance the individual property rights and neighborhood. She noted there are conservation easements in this area. She said she thinks the request is premature primarily because it is tied to the extension of LaSalle Road. Funding is not available for the road extension and may be years before it is. Speculative markets increase the amount of funding needed for road building and there could be a cumulative increase in traffic which could shift the center of growth. Gail Bissell, 535 Lower Valley Road, said she worked on the master plan update. She works as a biologist and believes there are important wildlife values and existing open space to be maintained in the area. The urban growth boundary was moved to keep it away from this area. Traffic has already increased tremendously and the current bypass issue needs to be addressed. She has worked with various groups over the years to try to keep community aware of this area as valuable open space. She thought Lincoln might want to take look at some of the programs that are available for open space and habitat preservation. Sally Stransky submitted a letter for Bissel to read to the board. She opposed the proposed change due to the important of wildlife habitat in the area. She noted bike trails are needed along the river and that it should be protected. Sana Hartman, Columbia Falls, said the community has a -tremendous amount of river frontage which provides riparian habitat for various bird species, otter and beaver in the area. The community doesn't need more golf courses and truck stops. John Williams, 205 Shady Lane, said we should stop improving what is beautiful Charlene Lingstead has owned property for 40 years and wanted answers to her questions about water and sewer and who will pay. She said the road is inadequate and asked who will pay for the improvement and floodplain costs. Has the fire district approved this and what will protect the wells downstream? The board needs to prevent commercial sprawl. Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 7 of 14 CHILLCREST ESTATES The public hearing was introduced on a request by Walter and UNIT 8 PRELIM PLAT Sherrie Fincher for preliminary plat approval of Hillcrest Estates #8, an 11 lot residential subdivision east of Whitefish Stage Road south of West Reserve Drive. Staff Report Kountz gave a detailed overview of Staff Report #FPP-98-8 based on the statutory criteria from the subdivision regulations.' Kountz stated that based on the findings, staff recommends approval of the application subject to 14 conditions as stated in the staff report. Public Hearing The public hearing was open for those in favor of the project. In Favor Dave Greer, Montana Planning Consultants, representing the owner, spoke in favor of the proposal saying they had no problems with the recommended conditions. Greer said Hillcrest Subdivision has about 140 lots and this is the eighth phase. Greer said GMT had been hired to do a geotechnical report evaluating the slope stability and it was recommended there be a 35 foot buffer on top of the slope. Greer said the owner may want to do more slope stabilization at the final plat stage. Nancy Costman, 7038 Hillcrest, said she was representing the owners of Kalmont who own property on the southwest corner of the project. She stated they were definitely proponents of the / project. Costman said she wanted to be on record that the lots above their property have a great deal of instability and the bank has come down on their land. Costman said she would like to offer their property as a way to get in if they have to do slope stabilization. John Morrison, 85 Scarbough Avenue, stated he was a proponent of the project but has some concerns. Morrison said he bought his lot six and a half years ago and the unstable bank kept giving way. I has cost him a $1,000. fence and the slope has become a 21 foot vertical drop and oozing mud down to the lumber company property below. Morrison said if the application was approved the bank needs to be stabilized before any more development occurs. In Opposition Kay Lind, 258 Riverside Drive, stated she was not totally opposed to the project, but her property was right below the bluff and the three issues of concern to her were the sloughing of the bluff, the septic situation, and the general watershed situation. Lind said Kim Potter, Flathead County DES did a report that stated the land should not be further developed because of the sloughing and septic situation, and she wondered what had changed. Lind said the slope needed to be stabilized and the septics need to be safe. Monty Pateratkis, 270 Riverside Drive, stated he was not opposed but was concerned about the water situation backing onto his property. Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 9 of 14 C /) this property and neighboring properties. Kountz said because the engineers report had already been done, they may recommend that no stabilization measures are needed. Brenneman asked Johnson for his opinion. Johnson said as he understood it, a house could be built 36 feet back from the bank. Johnson asked whether they could require that building envelopes be put on the face of final plat. Kountz noted that was a recommended condition. Johnson said the bluff would more than likely slough again with new development. Heinecke asked whether they could set the buffer 20 feet further back from the 35 foot buffer zone. Brenneman said it didn't matter where the houses were placed the bank would probably slough anyway. Brenneman said his problem was with the homeowners below the bluff. Hash said Condition #5 addresses the issues of drainage and erosion control. Hash recommended the Board adopt the staff report including the recommendations but also requiring the owner to have some detailed studies done and comply with bank stabilization rather ,j than just having a safety zone of 35 feet. Brenneman asked Kountz what his proposed recommendation was regarding the slope stabilization. Kountz responded that bank stabilization measures would be implemented as recommended by a licensed professional engineer as necessary to prevent significant risk of slope instability to this property and neighboring properties. Brenneman asked Greer if that would be acceptable. Greer said, it would take a lot of cooperation from the owners to accomplish that. Motion Bahr moved to adopt staff report as findings of act and send to Commissioners a recommendation for approval subject to the 14 conditions Rob Heinecke seconded. The motion carried 7 in favor and none opposed. KALISPELL LIMITED The public hearing was introduced on a request by Kalispell PARTNERSHIP CUP Limited Partnership for a conditional use permit to construct a 24 unit apartment building for senior citizens on 2.36 acres located at 700 Liberty Street in Kalispell. Staff Report Kountz gave a detailed overview of staff report #KCU-98-7. The application was evaluated in accordance with the criteria for a conditional use permit. UKountz said there are concerns with drainage on Liberty Street. Kountz said that both City and County staff have commented that Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 11 of 14 Board Discussion Hash asked if senior housing was exempt from the adult only fair housing act. Kountz said that federal and state regulations require that senior housing that meets certain requirements with a certain percentage being over 50 years of age are exempt. Hash said there were a few Board members who were familiar with the area and Kinshella Avenue, and was surprised to have a requirement and then have the governing bodies abandoned it was leaving the whole criteria out in limbo. Hash asked if there would be side walks on both sides of Liberty Street. Kountz replied that would be. Motion Bahr moved to adopt staff report #KCU-98-7 as findings of fact and . recommend approval of the conditional use permit subject to the nine conditions listed. Garberg seconded the motion. Roll Call Vote On a roll call vote Brenneman, Garberg, Heinecke, Bahr, Stevens, Johnson and Hines voted aye. The motion to approve the conditional use permit carried on a vote of seven in favor an none opposed. WILLIAM AND The public hearing was introduced on a request by William and (� BRONWEN DEAN ZONE Bronwen Dean for a zone change from R-1 to B-2 on approximately CHANGE five acres located at 1780 Highway 35 on the south side of the highway just west of Helena Flats Road. Staff Report Kountz gave a detailed overview of staff report #FZC-98-8A. Kountz said the previous proposal was for IH-1, light industrial. The Commissioners concluded it would be spot zoning. The main difference between commercial and industrial is that one allows retail activity and the other does not. Commercial development would result in greater congestion of the arterial road. He noted the back part of site is in the 100 year floodplain.. Based on the evaluation criteria, staff recommends denial. Hash asked if the letter received on 10/ 18 had an effect on his report. Kountz said no it did not. Public Hearing The public hearing was opened. In Favor Cork Andrews said he was representing the applicant. He noted there is a copper factory next to site and that there is inverse spot zoning because it is surrounded by commercial uses. The site is not suitable for Rr-1 zoning and there is a lot of evidence with surrounding zoning. He submitted letters in support of the B-2 zoning. Jim Framer, part owner of a nearby refrigeration busienss, stated he had no problem with the request. Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 13 of 14 request for zoning to B-2. The motion passed on a vote of six in favor and none opposed. OLD BUSINESS The master plan update was discussed and it was agreed that the board needs to come up with a draft plan that can send be distributed to the public. Hash said the proposed plan and policies and goals are the distillation of many people and hours. Three different groups spent the summer refining the information. Hash said the second point procedurally was that any changes would be by motion and vote. Hash also noted there would be public meetings. Stevens suggested that the plan be sent to the public and then the board would review it then. There was some discussion on the public review process. Kountz asked if the board wanted to add an introduction. He thought the public would understand it better. The board agreed. to have an introduction. Kountz said during the sixty day public comments period, 100 copies of the plan would be made, there would be a press release, copies sent to various organizations and library, mayor and city council 'members. He suggested holding two or three public meetings; one in Evergreen and other parts of the jurisdiction. Kountz said he would set up times and would expect the Board members to be there. Stevens said it would be hard during the holidays to get the public to attend the meetings. Hash said it was important to get it to the public, but try to have some meetings the first 30 days and the rest at the beginning of January. The board agreed it should be a 90 day comment period. Johnson said that floodplain issues. need to discussed at some point. Stevens said there was the Montana Planning Board Manual put ,out by the MDOC. NEW BUSINESS: The board decided to start the next meeting at 6:00 for November. ADJOURNMENT The meeting was adjourned at 10:25 pm. UTherese Fox Hash, President Sandie Mueller, Recording Secretary APPROVED: Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 15 of 14