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01-09-96KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING JANUARY 9, 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 7:05 p.m. Board members present were Robert Sanders, Michael Conner, Fred Hodgeboom, Milt Carlson, Walter Bahr, Joe Brenneman, Therese Hash, and Pam Kennedy. The Flathead Regional Development Office was represented by Tom Jentz, Acting Planning Director, and Narda Wilson, Planner II. The City of Kalispell was represented by Brian Wood, Zoning Administrator. There were four (4) people in the audience. APPROVAL OF The minutes of the December 12, 1995 meeting were approved as MINUTES submitted on a motion by Bahr, second by Carlson. By acclamation vote all members voted aye. ORGANIZATION The newly appointed planning board member was introduced and OF BOARD welcomed. Joe Brenneman was appointed as the County official member, replacing Robert Lopp. Election of The next order of business was to elect officers for 1996. Officers Therese Hash was nominated for president on a motion by Kennedy, second by Bahr. The nominations were closed on a motion by Sanders, second by -Conner. By acclamation vote, all members voted aye. Pam Kennedy was nominated for vice-president on a motion by Bahr, second by Conner. There were no other nominations. The nominations were closed on a motion by Sanders, second by Hodgeboom. By acclamation vote, all members voted aye. Member at The next business item was the selection of the member -at -large. Large Two interested applicants submitted letters for consideration. Letters were received from: Dave Mason and Jean Johnson. Conner nominated Jean Johnson to serve on the Board as the member at large. Kennedy seconded. Carlson nominated Dave Mason to serve as the member at large. Hodgeboom seconded. 1 C� There were no other nominations for the member at large. The nominations were closed on a motion by Conner, second by Kennedy. The nominations were closed by unanimous vote. Jean Johnson was in the audience, and the Chair opened the meeting to the Board to ask questions of Mr. Johnson. By written ballot, the Planning Board voted for the member at large. The vote was tied at 4-4. A second written ballot was done, and the Planning Board selected Jean Johnson to serve on the Board for 1996 as the member at large on a vote of 5-3. FLATHEAD President Hash introduced the scheduled public hearing on a ELECTRIC request by Flathead Electric Cooperative for a zone change from COOPERATIVE I-1, Light Industrial, to I-2, Heavy Industrial, which is a condition ZONE CHANGE / of preliminary plat approval for the proposed Evergreen Rail I-1 TO I-2 Industrial Center. The property which is being proposed for rezoning contains approximately 1.033 acres, and is a portion of the proposed Lot 1 of Evergreen Rail Industrial Center subdivision. This property is in the Evergreen and Vicinity Zoning District. It is located west of US Highway 2 East (LaSalle Road) approximately 600 feet, on the south side of West Reserve Drive in Kalispell. The property can be described as Assessor's Tract 5BA located in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Staff Report Wilson gave a detailed presentation of FRDO report #FZC-95-15. The requested zone change from I-1 to I-2 is part of the required conditions of approval for final plat of the Evergreen Rail Industrial Center which received preliminary plat approval on March 28, 1995. The request was evaluated in accordance with the statutory criteria. Staff noted that this zone change is not in compliance with the master plan, however, we are looking at updating that map. It is consistent with the zoning in the area, and is a logical extension of the I-2 zoning district. The request meets all the other statutory criteria and therefore, staff recommended the zone change from I-1 to I-2 be approved. Questions Kennedy asked staff to explain how the zone change can be approved even though it is not in compliance with the Master Plan. Wilson replied that the Master Plan recognizes transition zones between light industrial and heavy industrial uses. This use is not substantially out of compliance with what development would be anticipated to occur in that area. If it were isolated and not consistent with the type of development in the area, we could not make a favorable recommendation. 2 Public Hearing The public hearing was opened to those in favor of the zone change. In Favor Mike Fraser, engineer with Thomas, Dean & Hoskins, representing the applicant, stated that this request is an item required as part of final plat approval, and the applicant is following through with the Board's recommendation. There is a house on the tract, at present. That property is owned by Flathead Electric Cooperative, and the residents have a life estate. Upon their deceasement, it will be developed industrially. The I-2 zone substantially complies with the Master Plan. It is a transitional area, is the intent and goal of the Master Plan. Adjoining uses are industrial, other than the B-2 zoning on the highway. The entire interior area will be zoned I-2, making it available for rail or heavy industrial uses. I urge the Board to make a favorable recommendation to the County Commissioners for the requested zone change. No one else spoke either in favor or in opposition to the zone change. The public hearing was closed and opened the meeting to Board discussion. Discussion Carlson recalled that concern was expressed at -the preliminary plat discussion on the residential lot in the area. According to the minutes, it says that "they purchased the two residential lots, because in the long run, harmonious development to residential uses should intermingle with commercial and industrial. This doesn't seem to go along with that testimony. It was indicated that when those people did not want to live in that house anymore or when they were deceased, that is when Cooperative Way would be extended. What is the timing of the extension of Cooperative Way and these people will be kicked out of their house? Fraser answered that the people cannot be kicked out of their house at any time. Fate will determine when the house is vacated. Cooperative Way is constructed at this time. All the utilities are in, water and sewer are in, the storm water drainage is in, the signs. This is the final item so that the conditions of final plat can be met. Motion Kennedy moved that the City -County Planning Board and Zoning Commission adopt FRDO report #FZC-95-15 as findings of fact, and send to the County Commissioners a favorable recommendation to change the zone from I-1 to I-2. Hodgeboom seconded. On a roll call vote Conner, Kennedy, Bahr, Sanders, Hodgeboom, Brenneman, Carlson and Hash voted unanimously in favor of the zone change. OLD BUSINESS There was no old business. NEW BUSINESS There are two new members on the Board. Certificates of ( Appreciation were circulated for the retiring members. 3 ADJOURNMENT There being no further business, the meeting was adjourned at 7:35 p.m. A"Wi Therese Fox Hash, President El'za ef1h Ontko, Recording Secretary APPROVED: 6W "J4 �ZI131�� Following the regular business meeting, a work session was held to discuss (1) impact fees and (2) conservation easements. A video tape was shown entitled: "Land Trusts in the Future: Guardians of the Future." 4