11-16-94 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
NOVEMBER 16, 1994
CALL TO ORDER The reschudeled meeting of the Kalispell City -County
AND ROLL CALL Planning Board and Zoning Commission was called to
order at 7:03 p.m. by President Therese Hash. Board
member present were Walter Bahr, Robert Sanders, Milt
Carlson, Mike Fraser, Pam Kennedy, Robert Lopp, Fred
Hodgeboom and Therese Hash. Mike DeGrosky had an
excused absence. John Parsons, Senior Planner,
represented the Flathead Regional Development Office.
There were approximately 21 persons in attendance at
the meeting.
APPROVAL OF The minutes of the October 13, 1994 meeting were
MINUTES corrected on page 11, under New Business to note that
Fred Hodgeboom's name should replace Mike DeGrosky's.
The minutes were approved as corrected on a motion by
Kennedy, second by Lopp. All members present voted
aye.
Mike Fraser declared a conflict of interest on the next
n two agenda items, and stepped down from the Board.
KALISPELL Hash introduced a request by the City of Kalispell for
CONDITIONAL a conditional use permit to allow as a cluster
USE PERMIT / development a 16 lot attached single family (32
CLUSTER sublots), a 12 lot detached single family, and a 0.76
DEVELOPMENT acre homeonwers park. The public hearing on this
request was continued from the September 13, 1994
meeting. Subsequently, the City has withdrawn the
request for a conditional use permit.
Public Hearing The public hearing was opened and closed.
Motion Bahr moved to accept the request to withdraw the
application for a conditional use permit to allow a
cluster development. Kennedy seconded. By
acclaimation vote, all members on the Board voted aye.
WOODLAND Next, the Chair introduced a request by the City of
COURT / Kalispell for preliminary plat approval of Woodland
PRELIMINARY Court Subdivision, a 24-lot single family residential
PLAT subdivision on approximately 7.0 acres; zoned R-2;
located approximately 1300 feet south of Woodland
Avenue on the east side of South Woodland Drive; more
specifically described as Lots 27, 28, and 29 of
Greenacres Subdivision. Access will be from South
�i Woodland Drive to the interior road (Woodland Court).
Lots range in size from 9,000 square feet to 10,000
square feet and will be served by City services.
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Staff Report Parsons presented an overview of report #KPP-94-04,
with a recommendation for approval, subject to 15
conditions.
Public Hearing The public hearing was opened to those in favor of the
proposal.
Proponents Susan Moyer, Housing Manager for the City of Kalispell,
was responsible for writing the application and getting
grant money for the City of Kalispell to make this
project a reality. They have received money for 44
units, as originally proposed. At the direction of
City Council and the Planning Board, they have
downsized the proposal and have designed for 24 units
on this particular site. The cost for the land has
been factored into the selling price so that they can
buy another site and build the remaining 20 units. She
said that the MBOH in Helena remarked that this was one
of the finest proposals that they had ever reviewed,
and were impressed with it. She has heard at public
hearings a lot of sentiment of "not in my backyard",
because it has the connotation of low income housing.
She challenged any other developer in the City to have
a project that is as well designed, has the amenities,
and has the affordability that Courtyard Apartments
has, which has just been completed by the City. The
C� City of Kalispell takes great pride in what it does.
For sixteen years they have been addressing the needs
of low income people. This proposal is targeted at
people who cannot afford $90,000-$100,000 to get into
home ownership. They are not welfare recipients. They
are people who are the working class, who have a right
to home ownership. Because we are a municipality we
have the ability to bring grant money to create a nice
home and make it affordable to people who could never
own a home otherwise. This proposal is for 3-4 bedroom
houses. They will create two -bedroom houses on another
site. It will be the best subdivision in the area,
with sidewalks on both sides, street lights,
landscaping to the common areas, and a tree on every
lot. She invited everyone to visit the Courtyard
Apartments to see the quality work that the City is
staking its reputation on. We are not here to create
another Browning.
Bruce Lutz, landscape architect for the project,
pointed out the differences between the earlier
proposal and the present one. There is a significant
difference in the density, reduced from 44 units to 24.
The lot sizes have been increased from 6000 square feet
to a minimum of 9600 square feet to 11,000 square foot
' lots. The side yard setbacks will be 10 feet to adhere
to the zoning designation. The infrastructure has been
modified to accomodate sidewalks on both sides, with
room for snow storage, and a play area. He feels it is
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an interesting setting, with the landscaping element an
important part of the development.
There were no other proponents. The public hearing was
opened to those in opposition.
Opposition' Connie White, 1565 Lehi Lane, does feel this proposal
is much more attractive than the previous one
submitted, however she has not had a chance to look at
the plat closely. She is not opposed to building behind
her, however she has a large lot, at approximately 1/2
acre, so any development will affect her. These lots
are larger than in the previous proposal, but still
smaller than 1/2 acre. She has concerns about the
increased traffic on South Woodland Drive which is a
very narrow street,. as well as the impacts on the
schools, and the access road onto South Woodland. She
asked if there was going to be a homeowner's
association? And if the lots were going to be fenced?
Susan Moyer answered yes there will be a homeowner's
association, and it was up to the individual on
fencing.
There being no further testimony in opposition, the
public hearing was closed and the meeting opened to
Board discussion.
Discussion Lapp questioned condition #7 which would eliminate the
10 foot future right-of-way expansion along South
Woodland. Parsons explained that currently it exists
as a 60 foot ROW and there is no need for an 80' ROW.
South Woodland Drive was never intended to be a minor
arterial. It is meant to be a collector, not another
Meridian. The standard paved width for a two-lane road
is 22-24 feet.
Lopp commended the City for listening to the concerns
of the citizens and the Board. It is difficult for a
Board like this to reject a proposal that has gone
through the whole process. It gives us as Board
members more confidence that we are doing our best to
reflect the needs of the entire community.
Hash commented that she felt the design was attractive
and of high quality, and would allow many people the
opportunity to have a home.
Kennedy pointed out that the Courtyard Apartments which
the City just built, will be renting as of December
1st. The City has potentially 120 qualified
applications for 24 units. There is a great need in
the community to provide housing affordable to the
people working in the community.
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(�} Carlson felt that the findings of fact were in line and
was glad that the Board did not have to rewrite them.
Motion Hodgeboom made the motion'to adopt report #KPP-94-04 as
findings of fact and forward a recommendation for
approval of the preliminary plat for Woodland Court
Subdivision to the City Council subject to the
conditions set forth. Sanders seconded. On a roll
call vote Carlson, Lopp, Bahr, Hodgeboom, Kennedy,
Sanders and Hash voted aye. Fraser abstained. The
motion carried 7-0-1 in favor.
RINKE ZONE Hash introduced a request by Robert and Vickie Rinke to
CHANGE / amend the Evergreen Zoning District Map by changing the
R-1 TO R-2 zoning on approximately 9.8 acres from R-1 (Suburban
Residential) to R-2 (One Family Limited Residential) in
accordance with the Flathead County Zoning Regulations
(Flathead County Resolution No. 955A as amended). The
property is located on the north side of East Reserve
Drive approximately 1/2 mile east of US Highway 2. The
property is more particularly described as Tract 5Q,
Section 27, T29N, R21W, P.M.M., Flathead County.
Staff Report Parsons presented an overview of report #FZC-94-22.
Based on evaluation of the statutory criteria for a
zone change, staff recommended that the request to
0 rezone the property from R-1 to R-2 be granted.
Fraser confirmed that Granite View and Camelot Estates
were created prior to the zoning of Evergreen, and were
zoned R-2 to fit what was there.
Public Hearing The public hearing was opened.
In Favor Jean Johnson, Paul Stokes & Associates, representing
the applicants, spoke in favor of the zone change.
They agree with staff's findings of fact, and feel it
is a natural progression for development in the
Evergreen area. This is the Rinke's family homestead,
and they would like the opportunity to develop it in
character with the surrounding subdivisions.
No one else spoke in favor of the rezone.
Opposition Carolyn Robinson, 368 E. Reserve Drive, expressed her
concern about Camelot Estates, because they cannot hook
up to Evergreen Sewer. Another development on septic
systems right next to Spring Creek and upstream of
Evergreen undoes all the work done putting in the
sewer. This is a detriment to the area. She is very
opposed to see more houses and more septic tanks
draining into Spring Creek. In addition, the roads are
' not adequate to handle extra traffic, and more
development would overcrowd the schools.
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No one else spoke in opposition. The public hearing
was closed and the meeting opened to Board
deliberation.
Discussion Lopp expressed concern about the narrow strip of R-1
between the proposed R-2 and the surrounding zone
classifications of R-1, R-2 and SAG-10. He asked if
the adjoining property owners had been asked to
participate in the rezone? Parsons replied that yes,
they had been contacted but did not choose to
participate in the rezoning of their property. Lopp
asked how much of the property was in the f 1 oodpl ain of
Spring Creek and questioned whether a subdivision could
be developed there, especially on septic systems.
Parsons stated that this was outside the Evergreen
Sewer District, and there was no specific plat to
review at this time.
Hash also expressed concern regarding a zone change to
benefit a single person when the adjacent properties
did not wish to rezone, and that although it is in
conformance with the Master Plan, services are not
available.
Fraser stated that several issues come to mind. A
�) bridge or other access would be required to cross the
creek. The floodplain issue and the lack of water and
sewer services, currently makes the property
undevelopable. There is no indication that it can be
annexed into the sewer district. He feels that the
availability of services preceeds the rezone, and he
does not think it responsible to recommend an R-2 zone.
Parsons pointed out that the availability of water or
sewer, not both, is the basis for a zone change.
Motion Bahr moved to adopt FRDO report #FZC-94-22 as findings
of fact and forward a positive recommendation to the
County Commissioners to grant the zone change from R-1
to R-2. Kennedy seconded. On a roll call vote
Kennedy, Bahr, and Sanders voted aye. Lopp, Fraser,
Hodgeboom, Carlson and Hash voted no. The motion
failed on a 3-5 vote. No further motions were made.
JUMP ZONE The next agenda item was a request by John Jump to
CHANGE / amend the Evergreen Zoning District by changing the
SAG-10 TO B-2 zoning on approximately 40 acres from SAG-10 (Suburban
AND SAG-10 Agriculture) to B-2 (General Business); and from SAG-10
TO I-1 to I-1 (Light Industrial), in accordance with the
Flathead County Zoning Regulations (Flathead County
Resolution No. 955A as amended). The property is
located approximately 300 feet north of East Reserve
Drive on the east side of the US Highway 2 (LaSalle
Road).
Staff Report Parsons presented FRDO staff report #FZC-94-21. The
request (as shown on Exhibit A of report #FZC-94-21)
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was evaluated in accordance with the statutory criteria
relative to a zone change. Based on staff's evaluation
it was recommended that the requested zone change be
modified to conform with the Master Plan designation
(shown on Exhibit B of staff report) and the zone
change from SAG-10 to B-2 be granted for the property
east of US Highway 2 and that the property east and
north of the B-2 request be changed from SAG-10 to I-1H
as shown in Exhibit C of the staff report.
Public Hearing The public hearing was opened to proponents of the zone
change request.
In Favor Ted Dykstra, representing the applicant, displayed maps
of the original zone change request, and the staff's
recommended zone change. They saw little difference
between the requested I-1 zone and the I-1H, which does
not allow a sawmill or an auto salvage use, and so were
in agreement with the staff's recommendation. He
informed the Board that the Highway Department has
already approved three approaches for this property.
He was in favor of the zone change as being the best
use for the property.
Maurice Eddy, owns property directly across the highway
from the requested zone change. He was in favor of the
B-2 designation.
Nick Aumsenger, a business owner on LaSalle, was in
favor of the zone change, as the request is in
character with what is already there. At the rate that
the business area is expanding in Evergreen, the
entrance into town will soon be town, so he agreed with
the I-1H zoning designation.
Opposition No one spoke in opposition to the zone change request.
The public hearing was closed.
Discussion Kennedy asked staff to explain the process for a Master
Plan amendment if the applicant chose that option.
Parsons explained that a Master Plan amendment would
involve the entire area and not just a single property,
and an identical plan must be approved by both the
County Commissioners and City Council. The process
would take approximately six months.
The Board members were in agreement with the I-1H zone
classification for the entrance into town, and liked
staff's recommendation.
Motion Kennedy moved to adopt FRDO report #FZC-94-21 as
findings of fact, and forward to the County
J Commissioners that the zone change be granted as
recommended by staff and shown in Exhibit C of report.
Fraser seconded. On a roll call vote, the motion
unanimously carried on an 8-0 vote in favor.
C.
BONDURANT Next, was a request by Charles and Gina Bondurant for
ANNEXATION annexation to the City of Kalispell with an initial
ADDITION zoning classification of R-2 (Single Family
NO. 260 Residential). The parcel contains approximately 3/4 of
an acre located approximately 150 feet west of South
Woodland Drive and approximately 1,200 feet south of
Woodland Avenue. The property would access onto South
Woodland Drive via driveway/utility easement. The
property is more particularly described as the north
100 feet of Lots 2,3, and 4 of Block 3, Greenacres
Northwest Subdivision, except for the westerly 10 feet
of Lot 2 and easterly 36.4 feet of Lot 4.
Staff Report Parsons presented report #KA-94-6. After evaluating
the zone change request in accordance with statutory
criteria, staff recommended the zone change be granted
from County R-2 to City R-2 upon annexation into
Kalispell.
Public Hearing The public hearing was opened to those in favor of the
request.
In Favor Charles Bonderant, the applicant, 1600 1/2 South
Woodland Drive, was in favor of the zone change from
County R-2 to City R-2, as they are building a house
- which is very similar to the surrounding residences.
It is a single lot and they will not subdivide it
further. They desire to be annexed so they can get
City water, which is already there.
There were no other speakers either in favor or in
opposition to the requested annexation and zone change.
The public hearing was closed.
Motion Fraser moved to adopt staff report #KA-94-6 as findings
of fact and recommend that City Council grant the
requested zone upon annexation. Hodgeboom seconded.
On a roll call vote Sanders, Bahr, Hodgeboom, Fraser,
Carlson, Lopp, Kennedy and Hash voted unanimously in
favor.
ESPERANZA Next, Hash introduced a request by AECS Ltd for
PRELIMINARY preliminary plat approval of a 19 lot single
PLAT family/duplex subdivision on approximately 4 acres of
property currently zoned RA-1 (Low Density Residential
Apartment). The site is located approximately 1,000
feet north of 2 Mile Drive on the west side of Hawthorn
Avenue, more specifically described as Lot 6 of Porta
Villa #3 in the NE4 of Section 12, T28N, R22W, P.M.M.,
Flathead County.
Staff Report Parsons presented report #KPP-94-05. He noted that an
emergency access between lots 4 and 5 of the proposed
subdivision would abut the boundary of Hawthorn West
Subdivision, and language for that requirement should
be added to condition #7 to state: "...back of curb in
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( the 40 foot right-of-way, including an emergency access
gate at the boundary of Hawthorn West Subdivision;..."
Questions The Board asked many questions about the design.
Concern was expressed regarding the access from Teton
Street to the vacant field, which would be, conducive to
beer parties. Parsons replied that it is common
practice to leave dead-end roads ungated. He noted
that this was a very difficult lot to develop, and it
has been reviewed by Site Plan Review Committee a
number of times. This is probably the best design for
the constraints of the property.
Public Hearing The public hearing was opened to those in favor.
In Favor Jean Johnson, Stokes & Associates, representing the
developer, spoke in favor of the proposal, and was in
agreement with staff's findings of fact. He pointed
out that this was a very difficult piece of land to
develop, with the restrictions of size, and providing
emergency access. This is about the fourth attempt.
City Site Review is sick of seeing it. They have seen
it about 10 times. Bob Babb has renamed Iris Court to
Zion Street. They feel that the subdivision is a
natural progression and in character with the immediate
area.
No one else spoke in favor of the subdivision. The
public hearing was opened to those opposed.
Opposition Frank Noice, 82 Hawthorn West, spoke as the president
of the homeowner's association and a concerned parent
with children who attend Russell School. He referred
to the emergency exit through Hawthorn West. It is a
90 degree turn and only 25 feet wide, which is not big
enough for emergency vehicles. It is a privately owned
road, and will not get any wider. With all the new and
existing multi -family developments in the area, there
are a considerable number of children crossing North
Meridian to get to Russell School. Meridian is
,extremely dangerous with every new development dumping
more traffic onto it. In addition to all this traffic,
Meridian is officially or unofficially designated as
the by-pass. This is a tremendous impact, and there
are no sidewalks on Meridian, Two Mile Drive, or Three
Mile Drive for any of these kids to walk on. He read
in the paper that the North Meridian development plan
was going to the City Council and then to the County
Commissioner and he doesn't know what that means, but
it says sidewalks and street lights are "encouraged"
and "recommended". Those words aren't very strong.
Board member Kennedy interrupted Mr. Noice and informed
him that the City had slated the improvement of North
Meridian as top priority which will be taking place by
next year. She directed him to address this
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development proposal, not the North Meridian Plan,
which is not before this Board tonight.
Mr. Noice felt that the Plan had a lot to do with the
safety of the children going to school, and they are
all tied together. If you try to separate it then you
aren't planning.
Mike Anderson, Principal of Russell School, asked if
there was any way for this development to be postponed
until such time as North Meridian can be fixed so that
children can get across safely. The more development
that occurs on that side of Meridian, the more kids
will be there. He knows of kids, now, who play
"chicken" with cars. He doesn't want to be the one
calling the parents to tell them of tragedy. That is
a real fear of his.
Bruce Jellison, 100 Hawthorn West, Vice -President of
the homeowner's association. He thinks that everyone
probably agrees that everything over there is a big
mess, because it was done 20 years ago when people
weren't concerned about the impacts. His concern as a
homeowner is that it is a private road. They pay to
plow it, pave it and maintain it. They can't give up
�\ any room as the lots are tight and there would be no
place for residents to park. The emergency access
corner is a tight radius and poor design.
A letter was received from Gary Rose, School District
#5 addressing the impacts on the schools from increased
development.
There being no further comments either for or against
the proposal, the public hearing was closed and the
meeting opened to Board discussion.
Discussion Kennedy informed those present that the North Meridian
Plan is before City Council, after waiting for election
results with regards to the fairgrounds. The City has
prioritized the safety needs on Meridian and will begin
construction next season. There is a need for schools
throughout the community, which is something the entire
citizenry must address. With all the growth that is
happening on Two Mile Drive, it demands its own school
district.
Lopp expressed his sympathy for Russell School and the
dangerous situation on North Meridian. However, there
is no basis in the planning process for rejecting
_ developments. The community must deal with the
infrastructure issues. In light of the election
results, he is concerned that we.are burying our head
in the sand and turning it over to greed, instead of
being responsible citizens. He envisions a school
built in the vacant field next to this development.
ham' Carlson feels this is a very responsible development in
an area that is heavily impacted.
Fraser thinks this is logical infill development, and
it is unfortunate that we do not have the voter
perspective to deal with the infrastructure. The
mechanism to assess impact fees must be encouraged at
the state level, and be implemented in the Subdivision
and Platting Act.
Motion Lopp moved to accept FRDO staff report #KPP-94-05 as
findings of fact, and recommend that City Council
approve the preliminary plat for Esperanza Subdivision
subject to the conditions as amended. Kennedy
seconded. On a roll call vote, the motion carried
unanimously.
OLD BUSINESS There was no old business.
NEW BUSINESS Carlson announced that the County Commissioners will
hold their public hearing on December 6th, at the
Outlaw Inn at 7:00 p.m. on the Master Plan Update
Policy Document which was recommended for adoption by
the Flathead County Planning Board on November 9th.
The document is 35 pages, cut down from the original
,- 103 pages submitted by the CPC to the Commission on
July 27, 1994. He wanted the Board to be aware that
the transportation plan was not brought up, because of
during the CPC process, the Carter -Burgess process was
going on for the total transportation plan. They
decided to wait until that was completed in order to
incorporate the findings of that into the Master Plan
as a policy document at a later date. So the Board
inserted the current transportation plan at the tail
end of the proposed policy document to complete it.
There will be a letter going to all three city -county
planning boards on preparing the transportation plan.
He read the inspiring quotes which summarize the entire
plan.
ADJOURNMENT
There being no further business, the meeting was
adjourned at 9:00 p.m.
Therese Fox Hash, President
Eli a th Ontko, Recording Secretary
( APPROVED:6W wak/pz 13 �?X
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