06-08-93 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
JUNE 8, 1993
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -
AND ROLL CALL County Planning Board and Zoning Commission was called
to order at 6:10 p.m. by President Therese Hash.
DeGrosky had an excused absence. All other Board
members were present. There were approximately 42
members of the public in attendance.
APPROVAL OF On a motion by Kennedy, second by Conner, the minutes
MINUTES of the May 11, 1193 meeting were approved as written.
NORTHWEST Hash introduced a request by Northwest Health Care
HEALTH CARE / Corporation for a conditional use permit to allow the
CONDITIONAL construction of hospital storage building at 310
USE PERMIT Sunnyview Lane (Kalispell Regional Hospital).
Staff Report Tom Jentz, Senior Planner, Flathead Regional
Development Office, presented report #KCU-93-7. The
request is for a conditional use permit to construct a
storage building as an accessory use to the existing
O hospital. The design of the building appears to be the
biggest issue for consideration. Staff recommends
granting the conditional use permit with two conditions
attached. A petition in opposition to the storage
building was received in the office, signed by twelve
(12) residents of Buffalo Hill Townhouses.
Public Hearing Dave Meredith, Architect, explained the need to
In Favor consolidate storage on the property, as at present the
hospital utilizes rental storage units all over town.
He spoke of the design of the building. It will be
built of the same materials as the hospital; brick
corners with brown steel siding. Landscaping will be
incorporated to help screen it.
Jim Oliverson, Director of Clinical Services at
Kalispell Regional Hospital, described how employees
make several trips per day to retrieve records from
downtown storage. They need the storage on premise,
and would lessen the traffic trips, as well.
There being no other proponents, the meeting was opened
to those in opposition.
Opposition Henry Good, 270 Buffalo Hill Drive, pointed out that 8
1 out of 12 residents of Buffalo Hill Townhouses are
J represented here tonight. They are presently
remodelling the townhouses, and are opposed to the
proposed storage building. They feel the building will
be unsightly, and degrade property values. The
incinerator stack is already an eyesore to the west.
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Les Harrington, 266 Buffalo Hill Drive, is cynical
about this building, based on the unpleasant view of
the incinerator stack now.
Jean Harrington, 266 Buffalo Hill Drive, stated
emphatically that the stench from the incinerator stack
is terrible, and feels the storage building will be
unacceptable, as well.
Henry Jordahl, 254 Buffalo Hill Drive, was not opposed
if they maintained the integrity of the building, and
it could possibly hide the incinerator.
There being no 'further comment, the public hearing was
closed and the meeting opened to Board discussion.
Discussion The Board briefly discussed the building design taking
into account the public input.
Motion Fraser moved to accept report #KCU-93-7 as findings of
fact, and recommend granting the conditional use permit
with conditions therein. Bahr seconded.
El Iingson moved to amend condition #2 to require 6 foot
vegetation at the initial planting of the landscaping,
instead of 3 foot. Kennedy seconded. On a roll call
vote, it was unanimously agreed to require 6'
plantings.
On a roll call vote, the Board unanimously voted in
favor of granting the conditional use permit with the
amended conditions attached.
DEVELOPERS Hash introduced a request by Developers Diversified,
DIVERSIFIED / LTD. on behalf of Dr. Wilson A. Higgs for a conditional
HIGGS ET AL use permit to construct a medical clinic at 100
CONDITIONAL Heritage Way in Kalispell. The clinic will be located
USE PERMIT on the southeast corner fo the intersection of Heritage
Way and U.S. 93 and lie immediately west of Glacier
View Hospital.
Staff Report Jentz presented report #KCU-93-8, noting that the site
design depicts a long-range plan for future
development. Staff is recommending approval subject to
12 conditions. Two issues were identified as concerns
for this site. (1) Jentz suggested inserting
language to condition #4 "to encourage the applicants
to work with the City and adjacent property owner to
the south to vacate the 60' utility easement and
relocate the existing 12" water line." (2) In
addressing the need to provide adequate right-of-way
l�J for a Meridian extension; and staff suggested the
following language addition to condition #7 "The
applicant shall dedicate 30 feet of right-of-way or
the equivalent amount of R/W necessary to make the
Meridian Road extension reasonable)..."
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One letter was received from Dr. Paisley, an adjoining
property owner, in opposition to the two-story design,
citing an obstruction of the view.
Public Hearing Doug Johns, representing owner/applicant Developers
In Favor Diversified, spoke in favor of the project as being
compatible with the trend of development in the area.
He strongly objected to the condition requiring a
future extension of Meridian, as this building will
front on Heritage Way, and three traffic lights will
allow for adequate access.
Dr. Wilson Higgs, one of the four doctors proposing to
build this clinic, introduced his cohorts. He
explained the need to expand their practices, and also
stated the primary access would be on Heritage Way.
Dr. Ingham, an adjacent landowner, agrees with the road
extension in anticipation of long range traffic flow.
He also intends to expand his practice which will
generate additional traffic.
Dr. Karl Oehrtman, one of the four doctors involved
with the proposed clinic, spoke in favor of the
building design which fits their needs and allows for
future expansion. A story and one-half would be a
possible compromise.
Dave Meredith, as achitect and contractor, spoke in
favor of this project. He expressed his view that the
conditional use process imposes restrictions on the
developer regarding issues which should be ironed out
during the site plan review process.
Opposition There being no further proponents, the hearing was
opened to those in opposition.
Michael DeBaldo, had worked with the City when Buffalo
Hills Townhouses went in. At the time, $500 had been
charged the developers for sewer hook-up, it should
have been $50,000. The City and the taxpayers should
not have to Dav the bill to move water around for a
developer. If developers want to incur the expense,
for their building, they can pay for it.
There being no further opposition, the public hearing
was closed and meeting opened to Board discussion.
Discussion The Board discussed at great length the R/W dedication
for extension of Meridian necessary for increased
traffic on Hwy 93. Kennedy felt strongly that a 50'
setback from the highway was insufficient. The process
for abandonment of the utiliy easement to move the 12"
water main was explained and the feasibility of such
action discussed. It was determined that the setback
from the highway posed a siting problem due to the
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water line easement. The sidewalk requirement was also
discussed, noting that there were no other sidewalks in
the complex.
Motion Bahr moved to adopt conditional use report #KCU-93-8 as
findings of fact, and recommend approval of the
conditional use permit with amendments to conditions #4
and #7 as presented by Jentz. Lopp seconded.
Motion Carlson moved that condition #l,be amended to read 70
feet rather than 50 feet setbacks from the highway.
The motion died for lack of a second. Dicussion ensued
on the desirability of the Board to have a deeper
setback, but the existence of the 60' water line
easement precluded that requirement.
Motion Fraser moved to replace condition #8 to read:
Developer shall waive right to protest creation of an
SID for improvements to Heritage Way, such as sidewalks
or curb and gutters. Ellingson seconded. Discussion
followed. On a roll call vote, Conner, Fraser and Hash
voted in favor. Bahr, Lopp, Kennedy, Ellingson and
Carlson voted against. The motion was defeated on a
3-5 vote.
A roll call vote was taken on the original motion to
adopt report #KCU-93-8 as findings of fact, and forward
a favorable recommendation to grant the conditional use
permit with the conditions as modified. The Board
voted unanimously to grant the conditional use permit.
NORTHRIDGE Hash introduced a request by Northridge Lutheran Church
LUTHERAN for a conditional use permit to expand the existing
CHURCH / Northridge Lutheran Church facility at 323 Northridge
CONDITIONAL Drive in Kalispell. The proposed addition would add
USE PERMIT 2960 square feet to the west side of the church and
would add a nursery, handicapped bathrooms and Sunday
school rooms/reception area. Conner excused himself
from the Board due to a conflict of interest on this
matter.
Staff Report Jentz presented report #KCU-93-6. Staff recommends two
conditions of approval of the project.
Public Hearing Oystein Boveng, architect for the project, spoke in
In Favor favor of the proposal, and had no problems with the
conditions of approval.
There being no further speakers in favor of the
project, the meeting was opened to those in opposition.
In Opposition Henry Elwood, 332 Northridge Drive, is not opposed to
the project, but has experienced drainage problems with
stormwater runoff from the unpaved parking area. Mud,
dirt and sand collects against the curb in front of his
house most of the year.
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Roy Nott, 342 Hilltop, commended the applicant for
keeping the grounds well kept. However, he expressed
concern that security lighting not spill into his
backyard.
Mr. Jentz assured Mr. Elwood that the parking lot will
be paved and upgraded to current City standards, and
that applicant must submit a drainage plan that shows
on -site retention of stormwater. Landscaping will be
necessary. Mr. Boveng informed the Board that shielded
lighting could be installed to alleviate Mr. Nott's
concerns.
Board agreed to add a third condition as follows: "All
outside lighting shall be shielded or screened so as to
direct light away from adjoining private property."
Motion Fraser made a motion to accept report #KCU-93-6 as
findings of fact and grant approval of the conditional
use permit with the three conditions attached. Kennedy
seconded. On a 7-0 roll call vote, all Board members
present voted in favor of granting the conditional use
permit.
LILIENTHAL Next was a request by Robert C. Lilienthal for a
J APARTMENTS / conditional use permit to allow the construction of
CONDITIONAL three (3) four-plex apartment buildings at 1828 Airport
USE PERMIT Road in Kalispell.
Staff Report Jentz presented report #KCU-93-9, requesting a
conditional use permit to build a 12 unit apartment
complex. Staff addressed issues of parking and access.
The square footage of the subject property will only
accomodate 11 units, of which the applicant has been
informed and is in agreement. Staff recommends
approval of the request with twelve (12) conditions
attached. (It was noted that the location was on the
west side of Airport Road, rather than the east side as
written in the staff report.)
Public Hearing Bob Lilienthal, owner/applicant, is willing to comply
In Favor with the conditions of staff. He pointed out that this
is a difficult site, but feels the project is a
compatible use in the area.
Gary Treweek, local builder and landlord, feels this
type of facility is needed in the area.
Opposition Dan Griffin,.owner of the 5-plex at 1828 Airport Road,
is opposed to the project, stating problems with
inadequate parking, noise pollution, limited access
onto Airport Road, children safety and health issues.
The increased traffic will be a nightmare. He
advocated a lower density project.
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Patty Mead, manager of the adjacent 4-plex, stated that
there are a number of children in the complex, and
speeding cars and children do not mix. Also, there is
inadequate parking for the proposed number of units.
John DeNeeve, Citizens for a Better Flathead, spoke to
the high density of the development, with subsequent
increase in traffic and impact on the schools. He felt
there was too much development encroaching on open
space south of Kalispell.
Jack Beaver, 1820 Airport Road, stated that at present
there is inadequate parking for the existing complexes
which ends up on Airport Road. Any overflow parking
ends up on the subject property. The density of the
project will have an adverse effect on property values
in the area.
There being no further public comment, the hearing was
closed and the meeting opened to Board discussion.
Discussion There was considerable discussion on the parking issue
and emergency turnaround for the proposed development.
It was agreed that the property owner was not
responsible for solving the parking problems for the
existing developments. The proposed tot lot will
provide a safe play area for the children.
Motion
Kennedy made a motion to accept report #KCU-93-9 as
findings of fact to grant approval of the conditional
use permit subject to the 12 conditions attached,
amending condition #6 as follows: The internal private
road system shall be paved to a minimum width of 24
feet.' All parking and access lanes shall be paved and
signed "No Parking - Fire Lane". Fraser seconded. All
Board members voted unanimously in favor of granting
the conditional use permit.
MEADOW PARK
Hash introduced a request by the American Land and
SUBDIVISION /
Development, Inc. for preliminary plat approval of
PRELIMINARY
Meadow Park Subdivision, a 21-lot residential
PLAT
subdivision situated on 4.07 acres generally located on
the southwest corner of the intersection of Kelly Road
and South Woodland Drive approximately 1 mile south of
Kalispell, Montana. The site is described as Assessors
Tract No. 7-OG in the NE 1/4 Section 20, Township 28N,
Range 21W, P.M.M., Flathead County.
Staff Report Jentz presented a detailed overview of the preliminary
plat application, which staff recommended for approval
with 13 conditions attached. He suggested that Lots 12
and 21 be increased in size to accomodate for the
setback requirements for corner lots. One letter, from
Arlene Clarke, 432 Kelly Road, was received in the
office opposed to the development hooking up to Green
Acres Water Supply.
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Public Hearing Jay Billmayer, project engineer, pointed out that this
In Favor is a logical expansion of the Green Acres developments.
He gave abit of history of the subject property, which
was platted in the early '80's. At the time, the roads
were specified to County road standards. The
developers are already improving South Woodland Drive
to County standards. The underground utilities are in.
He argued that Mallard Drive be to County standards, as
well, deleting the requirements for curb, gutter and
sidewalk. Based on the soils in the area, this
requirement poses a storm drainage design problem. It
would also result in inconsistent street widths. They
would consider bike paths rather than curb, gutter and
sidewalks.
Opposition Glen Majors, President of Green Acres Homeowner's
Association, is opposed to this subdivision, as the
increased number of residents on city services, will
result in being annexed to the City. He would like to
see a copy of the covenants to ensure that this
development is in harmony with the existing
neighborhood. He is opposed to any duplexes built
there.
John DeNeeve, representing Citizens for a Better
i Flathead, as well as being a concerned citizen, stated
that the basic focus of the Master Plan was that this
was a Suburban Residential zoned area, at 1-2 units per
acre. He was quite dismayed that the intended goal of
the Master Plan could be changed "because things are
just going that way",and thus increase the density.
He cited increased traffic and the negative impacts on
the schools. Citizens for a Better Flathead recommend
gearing 10 a of the development to lower income families
so that local families can remain here and contribute
to the diversity of the valley.
There being no further opposition, the public hearing
was closed and opened to Board discussion.
Discussion The level of design for the road and stormwater
drainage systems were discussed at great length, as
well as the appropriateness of requiring curb, gutter
and sidewalk for one street in a large development.
Mr. Billmayer addressed the questions regarding the
water system. The early standards were sadly
inadequate, and the developers are willing to help
solve the problems.
.Motion Ellingson moved to adopt report #FPP-93-6 as findings
of fact, and forward a favorable recommendation to
County Commissioners subject to the 13 conditions, with
condition #2 amended to read: "That the proposed
Mallard Drive be built to Kalispell rural street
standards, including a 24 foot wide paved travel
surface. The design shall be approved by the Kalispell
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(^� City Public works Director. Said road R/W shall be
dedicated to Flathead County as a public street. In
addition, that portion of South Woodland Drive that
abuts this property shall be at a minimum paved to
County standards with a 24 foot width. All abutting
roads shall be named and signed with steel posts.
Furthermore, the applicant and all future owners shall
waive the right to protest any future City or County
S.I.D. for any improvements required in the R/W." Lopp
seconded. On a roll call vote, all Board members voted
in favor of granting approval of the preliminary plat
for Meadow Park Subdivision.
RUSSELL ZONE Hash introduced a request by William and Ann Russell to
CHANGE / amend the Willow Glen Zoning District (Flathead County
R-5 TO B-3 Resolution #654-A) by changing the zoning of a tract of
land from Residential R-5 to B-3 General Business. The
subject property contains approximately 7.3 acres and
is generally located along Willow Glen Drive within the
NW corner of the intersection of Willow Glen and U.S.
93.
Staff Report Jentz presented report #FZC-93-6, describing the
applicants` request to have all their property zoned
B-3. He noted that the subject property is currently
zoned B-3 along Hwy. 93 and R-5 along Willow Glen
Drive. Staff does recommend approval of the zone
change to allow a single zoning classification for the
property owner.
Public Hearing Randy Mote, representing Bill Russell as a friend and
In Favor real estate agent, stated that there is a hardship in
trying to sell property with a split zone. He
presented a deed restriction on the property which
specifically restricts junk yards as a use on the land.
Opposition Shirley Jonke, 309 1/2 S. Mountain View Drive, has
recently bought property next to subject property.
This area used to be a s 1 um many years ago. It was
subsequently bought and cleaned up. Now, she has to
block the view of Swartzenburger's wrecking yard. She
does not want to see another junk yard, so is opposed
to the expansion of a commercial zone.
Steve Wilcox, 1495 Willow Glen Drive, pointed out that
there are more residential uses in the area than
commercial, and that the trend on Willow Glen and Lower
Valley is towards residential. He is strongly opposed
to expanding the commercial zone, potentially becoming
another vehicle graveyard.
There being no further comment, the public hearing was
closed.
Discussion Board Discussion focused on converting such a large
piece of property to commercial at the entrance into
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Kalispell. The R-5 classification is meant to be a
residential buffer, however there is the unknown
variable regarding the rebuild of Hwy 93.
Ellingson outlined the history of the parcel and
interpreted the deed restriction, reassuring the
adjacent property owners that it protected them from
the development of a junk yard or mobile home park.
It was noted that potentially ten commercial
enterprises, with four properties abutting Willow Glen,
could result from the zone change.
Motion Bahr moved to adopt report #FZC-93-6 as findings of
fact, and recommend granting the zone change from R-5
to B-3. Fraser seconded. Conner wanted to make sure
that the deed restriction be a part of the
recommendation to grant the B-3 zone designation. He
was assured that this deed is recorded and part of the
record. On a roll call vote Conner, Lopp, Bahr, and
Ellingson voted aye. Fraser, Kennedy, Carlson and Hash
voted nay. The motion died on a tie vote of 4-4. .
Motion Bahr moved to forward report #FZC-93-6 to the County
Commissioners without a recommendation. Lopp seconded.
On a roll call vote, Carlson, Conner, Ellingson,
J Kennedy, Lopp, and Bahr voted aye. Fraser and Hash
voted nay. The motion carried on a 6-2 vote.
NEW BUSINESS Presentation/study session by Joe Hart, CRSS Civil
Engineers, Inc. and Nick Kaufman, WMG Group of
Missoula, regarding the Kalispell Transporation Study
including the Highway Bypass.options. This workshop is
in anticipation of a public hearing scheduled for the
July Planning Board meeting.
CRSS UPDATE Joe Hart, summarized the status of where they are at in
the process. He passed out a copy of the latest
newsletter, which was sent out to over 500 persons on
the mailing list. Based on comments regarding the
Meridian Road alternative, other options are being
modelled and will be scrutinized in conjunction with
the Highway 93 EIS. In light of the considerable
public input regarding the Meridian Road alternative,
the Board felt that another public meeting be held
prior to public hearing. Questions, observations, and
discussion on the public hearing process followed. At
the August meeting a joint public hearing will be held,
with the Kalispell City -County Planning Board and the
Transporation Advisory Committee. The Board expressed
% their appreciation to CRSS for the incredible amount of
work they have undertaken and applaud their efforts to
consider all the public input.
There was no further new business.
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OLD BUSINESS There was no old business.
ADJOURNMENT The meeting was adjourned at 10:50 p.m.
cc.t�
Therese Fox Hash, President Elizabeth Ontko, Recording Secretary
APPROVED: &U
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