05-14-96KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
MAY 14, 1996
CALL TO ORDER
The regularly scheduled meeting of the Kalispell City -County
AND ROLL CALL
Planning Board and Zoning Commission was called to order at 7:00
p.m. Board members present were Walter Bahr, Milt Carlson, Mike
Conner, Fred Hodgeboom, Pam Kennedy, Robert Sanders, Jean
Johnson, and Therese Hash. Joe Brenneman was absent. The
Flathead Regional Development Office was represented by Narda
Wilson, Planner II. The City of Kalispell was represented by Diana
Roche, Zoning Administrator. There were approximately 20 people
in the audience.
APPROVAL OF
The minutes of the meeting of April 9, 1996 were approved as
MINUTES
submitted on a motion by Kennedy, second by Bahr. All members
voted aye.
President Hash announced a slight change in the agenda, and
introduced Dennis Hester, representing the County Attorney's
OOffice,
whose presentation was scheduled under new business.
Housing
Dennis Hester delivered a presentation pursuant to a recent
Discrimination
housing discrimination suit, involving several subdivisions
approved by Flathead County. As part of the settlement of that
suit, the County has agreed to speak with each Planning Board on
the Fair Housing Act.
He gave an educational presentation on the Fair Housing Act and
how this might impact the duties of the Planning Board. Section
49-2-305 MCA, entitled Discrimination in Housing was distributed
to each member for their own information.
SCHOOL
President Hash introduced the first public hearing on a request
DISTRICT NO. 5
by School District No. 5 (Kalispell) for a conditional use permit to
CONDITIONAL
allow the construction of a new modular classroom containing
USE PERMIT /
approximately 1,000 square feet as an addition to Russell School.
NEW CLASSROOM
This property is located in an R-3, Residential, zoning district
RUSSELL
which allows schools as a conditionally permitted use. This new
SCHOOL
classroom will be located at 662 Second Avenue WN on the
northwest corner of the property which is the block located
between Third Avenue WN and Second Avenue WN and between W.
Wyoming Street and W Nevada Street and contains approximately
2.5 acres. This property can be described as Assessor's Tracts
8AB and 8V located in Section 7, Township 28 North, Range 22
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West, P.M.M., Flathead County, Montana.
Staff Report Wilson gave a presentation on report #KCCT-96-02. The application
was reviewed in accordance with the necessary criteria for
evaluation of a conditional use, and based on the findings staff
recommended three (3) conditions of approval upon granting the
conditional use permit.
Kennedy confirmed that the church parking lot to be used jointly
by the school personnel and faculty, was not paved. She asked
how the parking could be enforced.
Public Hearing The public hearing was opened to those in favor of the conditional
use permit to construct a modular classroom.
In Favor Gary Rose, spoke on behalf of School District 5, in favor of the
proposed modular classroom for Russell School. The project is
well defined, is needed and has received a favorable
recommendation from staff.
Mike Anderson, principal of Russell School, 223 W Nevada,
submitted a copy of the joint -use parking agreement with the
First Baptist Church for the record. We are located in a
residential area that is growing, we have to take the children and
we are running out of space. What is unique on this project, is
that given the financial situation of the school district, we do not
have the funds to construct, so the Russell School PTA and myself
have taken this on. We have had great support from businesses
and community members around the Russell School area, and have
received many donations. We will proceed as soon as school is
out. We want the building to be attractive and blend in with the
character of the neighborhood. We are experiencing a lot of
growth, and have no place to put another classroom. The parents
were not happy with shipping the students somewhere else. We
came up with this plan and have the backing of the school
district. The parking issue, I don't know how to force my staff
to park in the church lot.
Joy Javorka, 583 2nd Ave WN, representing the neighborhood, said
that they feel very positive about what is happening at the
school. It is a creative idea to get the community involved, and
working together with the PTA, instead of having the taxpayers
pay.
There being no other speakers either in favor or in opposition to
the proposal, the public hearing was closed and opened to Board
deliberation.
Discussion The Board favored the proposal and lauded the Russell School
approach for keeping neighborhood schools a reality.
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Motion Bahr moved to adopt report #KCU-96-02 as findings of fact and
forward a favorable recommendation to City Council granting the
conditional use permit subject to the three (3) conditions set
forth. Sanders seconded.
Discussion Kennedy commented that in light of the costs, she would not add
Motion on a requirement to pave the church parking lot, however, urged the
principal to encourage the teachers to park in the church lot.
Carlson commented that we are reaping the ill benefits of our
actions, by approving more and more developments on Liberty
Street and other high density areas, perhaps we can try to obtain
some funds from those developments that have the impact on the
schools. We face this with every subdivision. I recommend that
the principal try to obtain some money from those parents. A
neighborhood concept is ideal.
Conner agreed and felt that money should be obtained from the
contractors, as well, and the need to change the legislative
authority for assessing impact fees is important.
Roll Call Vote On a roll call vote Sanders, Bahr, Carlson, Kennedy, Hodgeboom,
Conner, Johnson and Hash voted unanimously in favor of the
motion.
BAUDER/KEYSER Hash introduced the next public hearing on a request by Peggy
CONDITIONAL and Doug Keyser on behalf of Rebecca C. Bauder for a conditional
USE PERMIT / use permit to allow a bed and breakfast. This property is located
BED & in an R-3, Residential, zoning district which allows bed and
BREAKFAST breakfasts as a conditionally permitted use. The bed and
breakfast will be located at 538 Fifth Avenue East, and is known
as the "Keith House". The property can be further described as
Lots 3, 4, 5, and 6, Block 81, Kalispell Original located in Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
Staff Report Wilson gave an extensive presentation on the background of the
site, and reviewed the request in accordance with the required
criteria for evaluation of a conditional use permit. Staff
enthusiastically recommended granting the permit subject to 18
conditions of approval. The applicant has been made aware of
those conditions, and expressed a desire to use the home for
wedding parties, or family reunions, etc. Staff had no problem
with the request.
Public Hearing The public hearing was opened to proponents of the project.
In Favor Don Bauder, one of the applicants/property owners, was in favor
(� of the bed and breakfast conditional use permit. He had lived in
Montana in the late '70's and described how he and his wife came
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to be part owners of the Keith House. About four years ago, on
a visit to Kalispell, they stayed in this Bed & Breakfast, and got
to know Dan and Sheryl Getman, the previous owners.
Subsequently, they became aware that it was for sale and
purchased it. They are now in the process of restoring the Keith
House to its previous grandeur, and feel that the community will
be as proud of the house as they are.
There being no other speakers either in favor or in opposition to
the requested conditional use permit, the public hearing was
closed and it was opened to Board discussion.
Discussion The Board members were as excited about the restoration of the
Keith House as the owners are, and complimented them on the
hard work, effort and money expended on the property.
Condition #16 was questioned, and was determined to be a
standard condition from the Zoning Ordinance.
Kennedy questioned staff as to why she had listed conditions for
the conditional use permit for a bed and breakfast that are
required in the zoning ordinance. It is redundant.
Wilson replied that the majority of the conditions are specific to
bed and breakfasts, as required in the zoning ordinance, and that
it was possible to combine them all into one condition, stating that
they comply with the Zoning Ordinance. However, since the permit
it issued to the applicant, it clearly sets forth the conditions of
the conditional use, to eliminate confusion, and the need for the
applicant to come back into our office and find out what the
conditions of their permit are.
Conner asked how the signage would be effected, in light of the
discussion on -the sign ordinance of last month.
Staff explained that the proposed text amendment pertained -to
home occupations, and bed and breakfasts are considered under
a different section of the zoning ordinance.
Motion Carlson moved to adopt staff report #KCU-96-3 as findings of fact
and recommend that the City Council issue the conditional use
permit, subject to the 18 conditions as contained in the report,
with the change in wording for condition #6, to read "consecutive
days". Kennedy seconded. On a roll call vote all members
present voted in favor. The motion carried unanimously.
CATTRON / President Hash introduced the next public hearing on a request
MARKLEY by Ron and Claudia Cattron on behalf of Jack and Viola Markley
CONDITIONAL for a conditional use permit to allow a ten room personal care
USE PERMIT / facility. This property is located in an RA-1, Low Density
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PERSONAL CARE
Residential Apartment zoning district which allows personal care
FACILITY
facilities as a conditionally permitted use. The property is located
on the north side of Liberty Street and contains approximately
0.488 of an acre. The property can be further described as Lot
4 of Liberty Village located in Section 12, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana.
Staff Report
Wilson gave a detailed overview of report #KCU-96-4. The
application was evaluated in accordance with the necessary
criteria, and based on the findings, staff recommended the
conditional use permit be granted subject to eight (8) conditions.
Public Hearing
The public hearing was opened to proponents of the project.
In Favor
Claudia Cattron, testified that she and her husband have searched
a long time to find the right property for this facility, and are in
the process of purchasing the site under consideration. She
explained the Beehive Homes assisted living concept, which has
been established in other communities. There is a need for this
type of service in the Flathead area, and we will not be competing
with the surrounding apartments in the neighborhood.
Daryl Maxfield, representative for Beehive Homes of Boise, has
been working with the Cattrons on this home. We have a number
of these Beehive Homes throughout the region. There is a
tremendous need for this type of transitional living, where elderly
people are no longer able to live on their own, but not ready for
a nursing home. Most of our facilities are in single family
residential districts, so this is a very compatible with the RA-1
zone. The facilities fit in very well, as they look like a single
family residence.
Ron Cattron, feels strongly that there is a definite need for this
type of service. We may all need these services some day. In
observing my grandparents going through the older stages of life,
went through many things in the nursing home that could have
been taken care of better if it were on a more personal basis. My
belief in this is based on speaking with residents of these homes.
They enjoyed being there and had a sense of pride in being in
these homes, because they felt that people cared. There will be
a vested interest in the personnel and the occupants of the home.
The waiting list is long, and so there is a large demand. There
is a growing opportunity to benefit the community.
Barbara Klukan, Century 21 of Kalispell, the realtor who helped
the Cattrons to select this site. They have been involved with
this project for several years, and looked for 1 1/2 year to find
the right property. One of the main focuses when they selected
this site was the availability of services, it was compatible with
the surrounding land uses. The apartments across the street is
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a HUD senior citizen complex. The structure will resemble a single
level traditional family home, with a large yard and landscaped
area, which was designed to address the drainage problem. This
differs from a skilled nursing care facility. The residents in this
home will not require extra care, and would not need the ongoing
services of emergency vehicles. There will be a central vehicle
for the residents, so there won't be extra parking or traffic. The
property values of the surrounding properties support the value
of this project.
There were no other speakers either in favor or in opposition to
the request. The public hearing was closed and opened to Board
deliberation.
Discussion The Board members agreed that there was a need for this type of
facility in the community and that this was an appropriate
location.
Johnson commented that drainage is a severe problem in this area,
and requires an overall drainage plan. It is fragmented, at
present.
r Staff informed the Board that the Public Works Department has
J� budgeted for a consultant to come up with a plan for the area.
Motion Kennedy moved to adopt staff report #KCU-96-4 as findings of
fact and recommend City Council grant the conditional use permit
subject to the eight (8) conditions attached. Carlson seconded.
On a roll call vote Carlson, Bahr, Hodgeboom, Sanders, Kennedy,
Conner, Johnson and Hash voted aye. The motion carried 8-0 in
favor of granting the conditional use permit.
OLD BUSINESS Wilson informed the Board that the Planning Board recommendation
to City Council regarding the signage for home occupations was
tabled for further discussion after the budget hearings.
NEW BUSINESS
Staff Report
Hash announced under new business the Planning Board
consideration of the Airport Urban Renewal Plan.
Wilson gave an
"Kalispell City"
Analysis report.
under discussion.
overview of #KRD-96-1, which includes the
Airport/Athletic Complex Redevelopment Plan
A map was displayed to show the boundaries
Larry Gallagher, Director of Planning, Economic & Community
Development for the City of Kalispell, addressed the Airport Urban
Renewal Plan. It is a rare opportunity to implement a
neighborhood plan, to come up with the tools and mechanisms, for
jbenefits to accrue to the City of Kalispell. The area clearly meets
the definition of blight. It is a hazard, and has many problems
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that can be corrected. The public hearing on this is scheduled
for June 17. If the City Council proceeds with this plan, it is the
intention of the City to move forward with the sale and disposition
of land this year, and relocate the ball fields, as well as
improving and enhancing the busiest general aviation field in
Montana. I think it is a very important project for the
community, and I would ask that you not take the full 60 days
allowed, but forward your recommendation to City Council, so they
can go forward with their action on the 17th of June.
Questions Conner asked if the State had been approached regarding
relocation of the ball fields.
Gallagher replied that they are presently in negotiations with the
State, and the Grosswielers.
Public Comment President Hash opened it to public comment on the proposal.
Gilbert Bissell stated that he is owner/manager of the Aero Inn,
Chairman of the Airport Advisory Board, and has kids in baseball
and soccer, so I'm approaching this from many angles. I am
definitely in favor of the tax increment district for that end of
town. I think it is an excellent opportunity for the City to
improve the southern end of Kalispell, and if the State Lands
project comes through, that enhances the northern end of -town,
as well. It is dealing with land that isn't generating one penny
of tax revenue, and it is a badly needed development for the
southern end of town.
The Board discussed the plan and were in favor.
Mike Baker, Director for Parks and Recreation for the City of
Kalispell, reiterated what Larry and Gib said. I think it is an
excellent opportunity to provide a two -fold operation. One, to be
able to upgrade an airport to a B-2 standard and satisfy some
safety concerns, and pursue the idea that aviation is a definite
part of the community. It also gives us an opportunity to provide
a unique complex for youth athletics in the northwest. There
would not be a complex like this anywhere in the northwest. The
new complex is designed as a multi -purpose facility.
Motion Bahr made the motion that the Planning Board recommend that
City Council proceed with the proposed Kalispell City Airport
Urban Renewal Plan as presented in staff report #KRD-96-1.
Kennedy seconded. On a roll call vote Johnson, Conner, Kennedy,
Hodgeboom, Bahr, Sanders, Carlson and Hash voted aye.
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South Woodland The next item under new business was discussion on establishing
/ Greenacres boundaries for the South Woodland / Greenacres Neighborhood
Neighborhood Plan.
Plan
Wilson presented a tentative outline for the neighborhood planning
process, which is attempting to mesh with the South Woodland
facilities plan prepared by Thomas, Dean & Hoskins.
The Board discussed the establishment of the boundaries for that
area and directed staff to exclude the extension of the R-3 cone
on the east side of Willow Glen. Willow Glen Drive seems the
logical boundary, as it divides the different characters of -the
adjacent neighborhoods. The Board expressed considerable
concern about protecting the water quality of the river, and felt
that the west side of Willow Glen be dealt with separately.
Wilson informed the Board that the FRDO Work Program went to
Council and they supported the Master Plan Update. After the
budget hearings, staff will set up some work sessions on -this.
Kennedy updated the Planning Board on the budget hearings.
She urged members to express their concerns at -the Council
meetings.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 9:23 p.m.
Therese Fox Hash, President Eli abe i On.tko, Recording Secretary
APPROVED: �" Qi,Vv_`
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