10-19-93 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
OCTOBER 19, 1993
CALL TO ORDER The meeting was called to order at 7:04 p.m. by
AND ROLL CALL President Therese Hash. Ellingson, DeGrosky, Bahr,
Carlson, Fraser, Conner, Kennedy and Hash were present.
Lopp had an excused absence. John Parsons, Senior
Planner and Tom Jentz, Senior Planner represented the
Flathead Regional Development Office. There were
approximately 8 members of the public in attendance.
APPROVAL OF The minutes of the September 14, 1993 meeting were
MINUTES approved as written on a motion by Fraser, second by
Conner. All Board members voted aye.
Due to a conflict of interest, Fraser stepped down from
the Board for the first public hearing on the agenda.
GATEWAY Hash introduced a request by Frank R. Strickland, for
ORCHARD VILLAS preliminary plat approval to resubdivide 15 multi -
PRELIMINARY family lots into 70 townhouse lots zoned RA-1 (Low
PLAT Density Residential Apartment). The site is located in
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Gateway Orchard Villas on the west side of Glenwood
Drive north of Two Mile Drive. The property is
specifically described as Lots 3 through 10, 12, 13,
and 15 through 19 of Gateway Orchard Villas in the
SE1/4 NE1/4 of Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County.
Staff Report Parsons presented a brief overview of subdivision
report #KPP-93-5. The project has an approved
conditional use permit and final plat was granted by
City Council in September, 1993. The applicant intends
to convert the approved apartments to townhouse lots.
It is recommended that preliminary plat be approved.
There are no conditions of approval.
Public Hearing Doug Kaufman, of Thomas, Dean & Hoskins, representing
In Favor applicant, explained that Mr. Strickland had originally
planned to develop one lot at a time, but now wanted to
resubdivide remaining lots all at once.
There being no further comment either for or against
the proposal, the public hearing was closed and the
meeting opened to Board discussion.
Motion Kennedy moved to adopt report #KPP-93-5 as findings of
fact and recommend approval of the preliminary plat.
Bahr seconded. On a roll call vote, all Board members
present voted aye. The motion passed unanimously.
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ANNEXATION W/ Next on the agenda was a request by Ron Kelly for
R-4 ZONE annexation to the City of Kalispell with an initial
CLASSIFICATION zoning classification of R-4, Two Family Residential.
/ KELLY The lot contains 0.58 acres, located on the west side
of Seventh Avenue West north of Sunnyside Drive. The
property has access onto Seventh Avenue West and
Western Drive. The property is specifically described
as Lot 5 of Western Acres subdivision.
Staff Report Parsons presented report #KA-93-4 and the Extension of
Services Plan. The request to be zoned R-4 upon
annexation into the City of Kalispell was evaluated
based on statutory criteria, and it is recommended to
zone the parcel R-4 upon annexation.
Public Hearing Ron Kelly, the applicant, spoke in favor of annexation.
He feels this is a beautiful lot and it would be an
asset to the City.
There being no further comment, the public hearing was
closed.
Discussion Kennedy asked if the neighbors had been notified of the
applicant's intent to annex into the City and build
O townhouses? Parsons responded that property owners
within 150 feet were notified of the zone change
request.
Motion DeGrosky moved to accept FRDO report #KA-93-4 as
findings of fact and recommend a zone of R-4 on the
parcel upon annexation into the City. Fraser seconded.
On a roll call vote, Ellingson, Fraser, DeGrosky, Bahr,
Conner, Carlson, Kennedy and Hash voted in favor.
Fraser excused himself from the Board due to a conflict
of interest on the next matter for public hearing.
FOYS LAKESIDE Next, was a request by Kermit and Andrea Rolandson for
ESTATES / preliminary plat approval of Foys Lakeside Estates, a
PRELIMINARY 15 lot single family subdivision on 20.23 acres located
PLAT on the south side of Foys Lake on the northwest corner
of Foys Lake Road and South Foys Lake Road.
Staff Report Parsons reviewed the background for report #FPP-93-5A.
This project was submitted as a 32-lot subdivision in
May, 1993, which was denied by the Commission
subsequent to Planning Board recommendation for denial.
This redesign of the plat addresses the concerns raised
regarding density and water quality, by reducing the
number of lots to 15 to create a more compatible
�) project for the neighborhood, and the homeowners park
no longer has lake access. Staff recommends
conditional approval, with changes suggested for
condition #4 and #5 as follows: Delete the last
sentence in condition #4, and replace with "Any storage
tank or part thereof, shall be screened from view with
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native vegetation." A memo and letter from Thomas,
Dean & Hoskins, proposes an underground storage tank to
provide fire protection for the proposed subdivision.
Additional language to condition #5 to read "Per the
direction of the Director of Flathead City -County
Health Department, the sewer is to be a community sewer
system."
Fred Andres; President of Foys Lake Protection
Association received notice of the meeting, but was
unable to attend. He wished to convey his concerns
regarding the decline in the water quality of Foys Lake
with additional development.
A letter was received from William Bolstad, expressing
his disgruntlement regarding the similarity of the
names of this subdivision, "Foys Lakeside Estates", and
his subdivision, recorded as "Foys Lake Estates".
Public Hearing David Greer, representing the applicants, gave a brief
In Favor background of the proposal, highlighting the changes in
the resubmitted application, which address previous
concerns. The number of lots has been reduced from 32
to 15, with only 5 lots on the lakeshore. The
park/recreational area has been moved back away from
the lake. There are very strict State and County
regulations with regard to sewer systems next to lakes,
which must be complied with. It will probably require
an engineered system. He pointed out that the
applicants are still proposing the same water system,
the same road system, and a 30,000 gallon underground
storage tank at the same cost as the previous proposal .
He was in favor of this new proposal.
Steve Slack, a neighboring property owner, spoke in
favor of the project, as it would increase property
values and be an improvement to the area.
Opposition Joyce Ivey, a Northridge Drive resident for 30 years,
had extreme concern with the density and number of
septic systems located over the aquifer, and subsequent
impact to the water quality of Foys Lake.
There being no further comment, the public hearing was
closed.
Discussion Board discussed water quality, the non -degradation
standards, and the benefits of a community sewer
system. DeGrosky recognized a member of the audience
who wished to speak. William Farrell, Kalispell, is a
plumbing engineer. He informed the Board that in his
experience only tertiary sewage treatment will
U adequately protect the water quality of a lake.
Eventually, all point source pollution will end up in
the lake. It depends on the geology of the site as to
how quickly this happens.
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Mike Fraser, engineer for the project, explained that
a community sewer system is easier to hook up to the
sewer main, when it is available.
Motion Kennedy moved to adopt report #FPP-93-5A as findings of
fact, and recommend that the Commission approve the
preliminary plat of Foys Lakeside Estates, subject to
13 corrected conditions. Ellingson seconded. On a
roll call vote, DeGrosky, Kennedy, Bahr, Ellingson,
Conner, Carlson, and Hash voted in favor. The motion
carried unanimously.
Fraser returned to the Board for the remainder of the
meeting.
KALISPELL
President Hash introduced a request to amend the City
ZONING
of Kalispell Zoning Ordinance and in particular Section
ORDINANCE
27.26 Off -Street Parking to address the following
AMENDMENTS /
concerns: standardizing the parking requirements
PARKING
within the new CBD Parking District (bounded by Center
Street, Fifth Street, Third Avenue West and Third
Avenue East) at 1 space per 400 sq. ft.; modifying
parking requirements for all new residential areas; and
general reconsideration of any other parking standards
within this section.'
Staff Reports
Jentz reviewed the issues identified at last month's
study session regarding parking. The following Zoning
Ordinance amendments are proposed by the City staff:
(1) To require an increase in parking requirements for
duplex and multi -family units from 1.5 per dwelling
unit to 2 parking spaces; (2) to provide a uniform
parking requirement for the downtown business district;
and (3) a recommendation to decrease the parking
requirements for boarding and/or rooming houses and
homeless shelters.
Brian Wood, Kalispell Zoning Administrator, clarified
the recommendation for parking requirements in the
Central Business District (CBD) of downtown Kalispell,
which requires 1 space per 400 square feet of area.
This applies to new construction only, and a change of
use does not trigger this requirement..
Public Hearing The meeting was opened to those in favor of the
In Favor proposed parking amendments. No one spoke in favor.
The meeting was opened to those in opposition.
Opposition William Ferrell, spoke in favor of a strong viable
downtown area, and cautioned against restrictions which
drive businesses out. Specifically, he suggested
issuing a bond to provide parking.
There being no further public comment, the public
hearing was closed and meeting opened to Board
discussion.
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Discussion Wood addressed the reduction in parking requirements
for boarding houses. He cited statistics on parking
needs from information he gleaned from homeless
shelters and rooming houses in Helena, Missoula and
Kalispell. The numbers indicate that the parking
requirements are approximately one car to two beds or
rooms. Considerable discussion ensued.
Motion Bahr made a motion to recommend to City Council that
the Kalispell Zoning Ordinance be amended regarding
parking requirements for the downtown Central Business
District as proposed by staff. Fraser seconded. By
acclaimation vote, all Board members voted in favor of
recommending for new construction only, parking
requirements at the rate of 1 space per 400 square feet
within the new CBD parking district.
Discussion went on to address overflow parking
requirements for duplex and multi. -family housing units.
Single family residences are required to provide 2
parking spaces. Duplexes and multi -family units are
required to have a minimum of 1.5 parking spaces plus
.5 for overflow parking. This requirement is proving
to be inadequate. An increase is proposed.
~� Motion Bahr moved to recommend that 2 parking spaces per
dwelling unit, be required, plus an additional .5
spaces for overflow/guest parking, be provided as the
minimum parking requirement for multi -family
structures. Kennedy seconded. Discussion followed on
the different requirements between single family
residences and duplex, tri-plex and multi -family
apartment buildings.
Amendment DeGrosky moved to amend the motion to include an
additional .5 parking space for the purpose of overflow
parking for all residential dwelling units. Bahr
seconded. On a roll call vote, Ellingson, DeGrosky,
Carlson, Conner and Bahr voted in favor. Fraser and
Kennedy voted nay. Hash abstained. The motion carried
on a 5-2 vote.
Amended Motion Discussion folllowed on the amended motion. It was
noted that Kennedy was in favor of staff's
recommendation for parking requirements. Fraser
expressed concern on affordable housing. Each
additional requirement increases the cost of
development. A roll call vote was taken on the amended
motion to require 2.5 parking spaces for all dwelling
units regardless of the number of residences. Conner,
Bahr, DeGrosky, Ellingson, Carlson and Hash voted in
' favor. Kennedy and Fraser voted against. The motion
carried on a 6-2 vote.
Discussion The topic of parking requirements for boarding and
rooming houses was again broached. The option of
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obtaining a variance was explained.
Motion Bahr moved to recommend to the City Council that the
Kalispell Zoning Ordinance be amended to require one
parking space per two beds/rooms for boarding/rooming
houses. The motion died for lack of a second.
By concensus, the Board agreed to leave the parking
requirements for boarding and/or rooming houses and
shelters as is and not recommend any change to the
Kalispell Zoning Ordinance.
CONSERVATION The next item on the agenda was a request by Louis
EASEMENT / Bibler to donate a conservation easement over his
BIBLER property to the Montana Land Reliance.
Staff Report Parsons presented the request to place a conservation
easement over approximately 550 acres of property owned
by Louis Bibler, located southeast of Foys Lake. Staff
recommends that the proposed easement is in general
conformance with the Master Plan for the area, and
suggests additional language be added to the section of
the Deed that addresses State and Federal regulations,
to include "Local". A public hearing is not required.
( Discussion The Board discussed the long term benefits of
conservation easements for the Flathead Valley.
Motion DeGrosky moved to adopt staff report #FCE-93-3 as
findings of fact, and grant the conservation easement
as amended to include the word "local" in the last
sentence of the fifth/last paragraph, first page.
Conner seconded. On a roll call vote, Board members
voted unanimously in favor of granting the conservation
easement.
OLD BUSINESS Jentz gave an update on the Lower Side Zoning District,
which was adopted on September 27, 1993.
NEW BUSINESS The North Meridian Plan is in the process of being
updated. The next Planning Board meeting will be at
its regularly scheduled date on November 9, 1993. The
next round of neighborhood meetings will be the week of
October 25th.
ADJOURNMENT There being no further business, the meeting was
adjourned at 9:00 p.m.
Therese Fox -Hash, President Elizabeth Ontko, Recording Secretary
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APPROVED: Gt�
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