07-13-93 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
JULY 13, 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 7:03 p.m. by President Therese Hash. Hash,
DeGrosky, Fraser, Bahr, Ellingson and Carlson were
present. Absent Board members were Kennedy, Lopp and
Conner, all excused. There were approximately 30
members of the public in attendance.
APPROVAL OF The minutes of the June 8, 1993 meeting were approved
MINUTES as written on a motion by Bahr, second by Carlson. All
Board members present voted aye.
GLACIER
Hash introduced a request by Glacier Wholesalers to
WHOLESALERS
amend the Evergreen Zoning District (Flathead County
ZONE CHANGE /
Resolution #797A) by changing the zoning of a tract of
B-3 TO I-1
land from B-3 General Business to I-1 Light Industrial.
The subject property contains approximately .44 acres
and is described as the west 1/2 (back half) of the
property addressed as 2564 Hwy 2 East in Evergreen.
The site lies south of West Reserve and west of
LaSalle.
Staff Report
Tom Jentz, Senior Planner, Flathead Regional
Development Office, presented staff report #FZC-93-7,
noting that the subject property had no front access
and represented a transtitional area between
surrounding commercial zones and light industrial. A
letter from David Meredith was received in favor of the
zone change. No opposition was received in the office.
Staff is recommending approval of the zone change.
Public Hearing Dave Greer, representing the applicant, spoke in favor
In Favor of the request for a zone change, and supported staff's
findings.
Opposition No one spoke in opposition to the zone change. The
public hearing was closed and opened to Board
discussion.
Motion Fraser moved to accept staff report #FZC-93-7 as
findings of fact, and forward a favorable
recommendation to the Commissioners to grant the zone
change from B-3 General Business to I-1 Light
Industrial. Bahr seconded. On a roll call vote, all
-\ Board members present voted aye.
OWENS ZONE Hash introduced a request by Douglas McDougal on behalf
CHANGE / of Gaylon (Lum) Owens to amend the Evergreen Zoning
R-1 TO I-1 District Map from R-1 Residential to I-1 Light
Industrial for a .9 acre tract of land described as 39
1
Riverside Drive and situated in the northeast corner of
the intersection of Park Street and Riverside Drive.
Staff Report Jentz presented report #FZC-93-9. The Master Plan
designates this area for low density residential, as
there is no sewer or water to the property, and it is
in close proximity to the Stillwater River. Staff
indicated they had mixed reviews of the request, but
did recommend approval of the zone change, unless there
is substantial public opposition to it. A petition was
submitted with the application signed by 20 adjoining
residents in favor of the intended use of storage units
on the property. Another petition signed by 15
property owners and 4 renters was subsequently
submitted in opposition to the Light Industrial
classification. Some names appear on both petitions.
Three phone calls from adjacent property owners were
received in opposition.
Public Hearing Doug McDougall, purchaser/applicant, explained the
In Favor history of the area. He stated that the property has
had an auto repair shop on it for the past 20 years.
He would like to build storage units, and expand his
business by greater than 50% in the future. He
submitted photos to the Board depicting the surrounding
Oland uses.
Gaylon "Lum" Owens, previous owner of the subject
property, had a repair shop there which was
grandfathered in. He felt that the best use for this
property is light industrial. In.his opinion, it is
not a prime residential area, there are no $100,000
homes, mostly $10,000 homes. It is not a quiet
neighborhood, as the mill across the river is loud. He
felt that the gentleman who generated the second
petition has an ax to grind with Mr. Settle down the
road, and this is not fair.
Steve Settle, Riverside Drive, pointed out that the
staff report was inaccurate. Residential properties in
the area are 25 to 100 years old, and are very small.
The Master Plan intent is to have a light industrial
zone as a buffer between heavy industrial and
residential. Perhaps it was an oversight of the Board
to zone this area R-1. He also mentioned the second
petition in opposition to the zone change. He said he
interviewed two parties who signed it. He felt they
were under mild duress who thought that with a I-1
zone, their neighborhood would become another lumber
mill. He feels this is heinous, unfair and a
misrepresentation.
C�
Opposition Franz Barthel, 263 Riverside Drive, a resident for 13
years and owns the rental property next to Mr.
McDougall's property. He explained that his name was
on both petitions, because Mr. McDougall had
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'\1 represented that he was going to build storage units.
He felt this use was compatible with the neighborhood,
however later realized the full ramifications of an I-1
zone. There are some very nice homes in the area, none
of which are $10,000. There are 14 single family
residences on Park Street, and 24 on Riverside Drive.
Therefore, it is predominantly a residential area. It
has been quiet for the 13 years he has lived there, as
one gets used to the consistent sound of the lumber
mill. Mr. McDougall has improved the property since he
has owned it. However, he has a fear of how an I-1
zone would impact the neighborhood with a different
owner. His other neighbor, Mr. Settle has no regard
for his neighbors in terms of how much noise he makes,
the increased traffic, dust and the general eyesore he
has made of his property. Mr. Barthel is here tonight
because of Mr. Settle. He has first hand experience of
what it is like to have a light industrial use next
door by some one who abuses that. He informed the
Board that Flathead County is presently involved in
litigation with Mr. Settle over a.zone change.
This is a predominantly residential neighborhood and
opening the door to light industrial zoning will have
a chain effect. The already dangerous traffic will
increase. It is not designated in the Master Plan as
�\_JJ light industrial. Even though there is I-1 zoning
across the Stillwater River, that area is actually
wetlands, which would preclude further development.
During his research, he learned that Lawrence Park
would like to extend the park into this area.
Connie Valentine, 205 Riverside Drive, resident f.or 10
years, expressed concern about developing in the
wetlands. The mill across from her has destroyed the
river bank, and their efforts to mitigate the damage is
never like it was before. The road is narrow with no
shoulder, and could not withstand industrial traffic.
Mike Bahr, 122 Riverside Drive, has no problem with
storage units in the neighborhood, but is opposed to a
light industrial zone. This is a beautiful area to
live, but the existing garage/shop has a yard full of
trucks and a mountain of tires which he has to look at,
therefore he does not want any more I-1. Also, the
traffic is dangerous.
Nancy Hite, 84 Park Street, is adamantly opposed to an
I-1 zone change. She has owned the property for 16
years. She stated that her house is not 100 years old,
it was built 14 years ago, and has been appraised at
$78,000. Gopher's Garage was not there when she bought
the property, or she would not have built her home
there. It is an eyesore and she would be opposed to
its expansion. She noted that increased traffic would
be a problem.
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There being no further opposition, the public comment
period was closed and the meeting opened to Board
discussion.
Discussion Ellingson felt that the neighbors have a right to rely
on the zone designation in place. DeGrosky noted that
there are plenty of I-1 zones in the county. This zone
change would benefit one, and impact 17 who signed the
petition. There are 38 single family residences and 4-
5 commercial uses. He had considerable concern
regarding the comment on the quality of homes, stating
that that is a value judgement. It may not be a big,
fancy house, but it is home. This neighborhood has
affordable homes. Fraser felt at the time this area
was zoned, we did not do justice to the existing
industrial uses, and did not provide for buffering.
Board discussion focused on how an I-1 zone would
impact the neighbors substantially.
Motion Fraser moved to accept report #FZC-93-9 as findings of
fact, and recommend the zone be changed from R-1 to
I-1. Bahr seconded. On a roll call vote Fraser voted
in favor. Bahr, Carlson, DeGrosky, Ellingson, and Hash
voted against the zone change. The motion failed on a
1-5 vote.
Motion Ellingson moved to accept report #FZC-93-9 as findings
of fact, but noting that there was substantial
neighborhood objection, the Board recommends denial of
the zone change request from R-1 to I-1. DeGrosky
seconded. On a roll call vote, DeGrosky, Bahr,
Ellingson, Carlson and Hash voted aye. Fraser voted
nay. The motion to deny the zone change request passed
on a 5-1 vote.
LIBERTY
Hash introduced a request by
O.H. Whitescarver
for
VILLAGE \
preliminary plat approval of Liberty Village, a six
lot
PRELIMINARY
residential subdivision located
at the far western
end
PLAT
of Liberty Street in Kalispell.
Fraser excused himself
from the Board on this matter
due to a conflict
of
interest.
Staff Report Jentz presented report#KPP-93-3, recommending approval
with six requirements and three staff recommendations.
He added a fourth recommendation: That a cash in lieu
of parkland dedication fee be required in the amount of
$5,000.
Public Hearing Dawn Marquardt, surveyor for the project, spoke in
In Favor favor of the project, however, the applicants
questioned their responsibility in acquiring the
additional 30 feet of R/W for Justice Street, as this
property had already dedicated the initial 30 feet of
R/W .
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Opposition Gene McGlenn, 21.2 Three Mile Drive, has resided on
adjacent property to the west for 45 years. They have
plans for commercial development if the traffic by-pass
is built just west of them.
Darcy Laird, daughter of Gene McGlenn, spoke for
herself and her siblings in adamant opposition to
relinquishing a 30 R/W from their property. She
expressed concern about the density of the project, the
safety of the children, and questioned where the access
road will be built, in light of their unwillingness to
be encroached upon.
Hearing no further public comment, the public hearing
was closed and meeting opened to Board discussion.
Motion DeGrosky moved to adopt subdivision report #KPP-93-3
as findings of fact, subject to the conditions and
recommendations, changing requirement #3 to 55-foot
radius temporary cul-de-sac, and add recommendation #4:
Cash in lieu of parkland in the amount of $5,000 shall
be paid to the City of Kalispell based on the
undeveloped market value of $45,000 for the site.
Carlson seconded.
Discussion Discussion and explanation followed on dedication of
R/W and the conditions of annexation into the City. On
a roll call vote, all Board members voted aye. The
motion passed on a 5-0 vote.
PETESCH & Hash introduced a request by James and Sheron Petesch
SMITH / and Clyde Smith for annexation with an initial zoning
ANNEXATION classification of R-4 Residential for a 7.8 acre tract
of land located between Three Mile Drive and Liberty
Street approximately 800 feet west of the Northern
Lights Boulevard intersection. Fraser excused himself
from the Board on the next two matters, due to a
conflict of interest.
Staff Report Jentz explained that two separate actions need to taken
on the next two agenda items, the first step being
consideration of annexation into the City of Kalispell
with an initial zoning classification of R-4. He
presented annexation report #KA-93-4, with a staff
recommendation of approval.
Public Hearing David Greer, representing the applicant, displayed a
In Favor vicinity map, explaining the location and surrounding
land uses. He spoke in favor of annexation with an R-4
zone, which represents a transitional zone between high
density multi -family and urban residential.
Gene McGlenn, has no objection to this development.
Opposition Richard Nelson, 94 Northern Lights Blvd., adjacent
property owner to the east, is opposed to the increased
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density, excessive traffic and noise, as well as
attendant parking problems. The already crowded
schools will be further burdened by the increased
number of children. The need for a new school will
increase taxes.
Hearing no further comment, either for or against, the
public hearing was closed.
Motion DeGrosky moved to accept annexation report #KA-93-2 as
findings of fact, and forward a recommendation of
approval to the City Council. Bahr seconded. On a
roll call vote, all Board members present voted aye.
THREE MILE The next related item for consideration was a request
FARMS / by Clyde Smith, James and Sheron Petesch and Fred
PLANNED UNIT Gendler for preliminary plat approval with a Planned
DEVELOPMENT & Unit Development zoning overlay for Three Mile Farms,
PRELIMINARY a 70 unit residential development located on land lying
PLAT between Three Mile Drive and Liberty Street.
Staff Report Jentz presented the reports reviewing the PUD Overlay
(#KPUD-93-1),, and preliminary plat (#KPP-93-4). Staff
recommends approval subject to 8 requirements and 8
conditions. Parking concerns were addressed at length.
He noted a change in recommendation #6c, to read: With
Phase I, Homestead Avenue shall terminate in a
temporary paved cul-de-sac (45 foot radius min.) Any
future development beyond this point will require
Homestead Avenue to be extended through to Liberty
Street for the purpose of secondary access. An
additional recommendation #6e, to read: All right-of-
ways and utility easements shall be dedicated as part
of Phase I.
Public Hearing Dave Greer, representing applicants, noted this
In Favor development is a logical extension of the City, and is
the first PUD in Kalispell. He pointed out features of
the unique design, stressing the landscaping plan, the
open space, and affordable housing. In their desire to
work with City staff, Greer had gone to the Site Plan
Review Committee with the plan, on several occasions,
and thought he had general agreement on the design.
However, at the last meeting which he did not attend,
apparently things changed. He feels that requiring
sidewalks on both sides of the street, and the
excessive parking requirements is unnecessary, will
ruin the planned open spaces, and a precedent will be
set, as no other developments, to date, have these
requirements. Adequate parking is provided in
accordance with the zoning criteria. Parking pods were
incorporated into the design as a result of Site Plan
Review Committee input, but further pods will end up
providing a parking lot to adjoining developments. He
questioned why a temporary cul-de-sac, which will be
ripped up later, needs to be paved. He asked for some
R
} flexibility in street light design, and requested that
the end of phasing be changed from 1996 to 1997.
Lynda Collins, Coldwell Banker, representing Mr.
Gendler, spoke in favor of this development. Kalispell
has been discovered, and people moving here need an
attractive, affordable place to live. The requirements
for extra sidewalks and parking will drive the costs of
development up, and will ruin the country -feel living
which is so attractive about this design.
Opposition Ed Dickman, 92 Northern Lights Blvd., is opposed to the
development obstructing his view. He had questions
regarding the density of the phases? Parklands? Price
of each unit? and the cost of sidewalks? He felt that
sidewalks on both sides of the street provided more
safety for pedestrians.
Richard Nelson, commented on snow removal and road
maintenance.
Hearing no further comments, the public hearing was
closed and meeting opened to Board discussion.
Discussion The Board asked Brian Wood, Kalispell Zoning
Administrator to address the city standards for
sidewalks and parking, and discuss what happened at
Site Plan Review. Brian said there was a
misunderstanding with regards to the directions given
to Mr. Greer from the Site Plan Review Committee, as
sidewalks on both sides of the street was discussed.
The parking issue was discussed at length at the last
meeting, and Police Chief Clark spoke strongly in favor
of the need for overflow parking for this project.
Discussion ensued over the need for overflow parking.
The Board agreed that this particular project, with
narrow streets and one -car garages,. it was needed. The
Board debated what standards would be appropriate.
Motion Bahr moved to accept preliminary plat report #KPP-93-4
and PUD overlay report #KPUD-93-1 as findings of fact,
and recommend approval subject to the staff
recommendations, amended as follows: #4 - to further
define a hammerhead turnaround as "measuring 20' by
40"'. #6c - that any development after Phase I require
that Homestead Avenue be extended all the way through
to Liberty Street, extending the preliminary plat
approval time and PUD development time frame out to
October 1997 instead of 1996. Add condition #6e - All
R/W and utility easements for the entire project shall
be dedicated at the time of Phase I approval. DeGrosky
seconded.
Amended Motion Ellingson amended the motion to revise recommendation
#2 to "allow for alternative street light design".
DeGrosky seconded. The Board agreed to include this
amendment as part of the original motion. On a roll
'1 cal l vote the motion was passed unanimously. The Board
commended the applicants on the quality of this PUD
development design.
OLD BUSINESS DeGrosky requested that Juniper Bend be a topic under
old business on the next month's agenda. President
Hash was applauded for her letter to the County
regarding billboards. There was no further old
business.
NEW BUSINESS There was no new business.
CRSS UPDATE Joe Hart, CRSS Civil Engineers Inc. gave a presentation
and study session update concerning the Kalispell
Transporation Study including the Highway Bypass
options. This workshop is in anticipation of a public
hearing scheduled for the August Planning Board
meeting. The public hearing process was explained.
This involves an amendment to the transportation
portion of Kalispell's Master Plan, which requires
action by both the City Council and County Commission.
Meeting room possibilities were suggested.
ADJOURNMENT There being no further business the meeting was
C� adjourned at 11:10 p.m.
Therese Fox Hash, President Elizabeth Ontko, Recording Secretary
APPROVED: M n
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