05-12-92 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
- MINUTES OF MEETING
MAY 12, 1992
CALL TO ORDER The meeting was called to order by Vice -President
AND ROLL CALL Robert Lopp at 7:01 p.m. Absent Board members were
Therese Hash, Mike Fraser, and Virginia Sloan. There
were approximately 12 members of the public in
attendance.
APPROVAL OF Lopp called for approval of the minutes of the April
MINUTES 14, 1992 meeting. It was moved and seconded that the
minutes be approved as read. There were no corrections
or additions. All members voted aye.
Lopp announced that a meeting sponsored by the
Governor's Council for Montana's Future will be held on
May 19, 1992, offering an opportunity to get informed
and involved.
REQUEST FOR
Lapp then introduced the request by W.E.L.
ANNEXATION AND
Enterprises, Inc., and Developers Diversified, Ltd.,
RA-1 ZONE
for annexation and zoning of a tract situated near
DESIGNATION
the easterly terminus of Heritage Way in Government Lot
6, Section 6, Township 28 NOrth, Range 21 West, P.M.M.,
Flathead County, Montana. The request is to annex said
described property into the City of Kalispell with an
RA-1, Low Density Residential Apartment zoning
classification.
Staff Report
Greer presented FRDO Report #KA-92-1. This property
owned by Developers Diversified, Ltd., is located east
of Glacier View Hospital. The request has been
initiated by Lantis who is proposing to build a 20 bed
personal care facility in the vicinity of the nursing
home. This would require city services, which
precipitated the request for annexation. The statute
does not require that the Planning Board make a
recommendation on the annexation, however it does
require that the Board make a recommendation on how
this property should be zoned if it is annexed into the
City. Therefore, this report specifically focuses on
how the property should be zoned. The property is
already zoned RA-1 in the County, and the
classification in the City is very similar. It allows
single and multi -family residential and medical related
facilities when adjacent to hospitals. This project is
subject to site plan review, would require a
conditional use permit, and would also have to satisfy
the procedures of annexation. So, all impacts on
public services will be determined at the time of
review. The zone request is appropriate to the area,
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and the staff recommends that it be zoned RA-1.
Public Hearing The meeting was opened to public hearing for all those
in favor of this zone change. There being no
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j� proponents to the zone change, it was opened to any of
those opposed to the zone change. There being none,
the public hearing was closed.
Discussion and The Board discussed the subsequently proposed
Recommendation subdivision and if a new road would be built,, as well
as the choice of an RA-1 classification rather than an
H-1. There being no further Board discussion, Stephens
moved that the findings of fact be approved and that
the property be zoned RA-1 as requested. Kennedy
seconded. All Board members voted aye.
REQUEST FOR Lapp introduced a request by David J. Pinnel1 of the
CONDITIONAL New Life Center for a conditional use permit to operate
USE PERMIT - a day care center at 1418 5th Avenue West in Kalispell,
PINNELL DAY Montana. (This is the first conditional use permit to
CARE CENTER come before the Kalispell City -County Planning Board.)
Staff Report Greer gave an overview of the report #KCU-92-1,
regarding a request for a conditional use permit to
operate a day care center at the property above
described, which is presently a church. There is
already a day care facility on the site. The
difference between a day care center and a day care
facility is the number of children. Accomodating more
than 12 children requires a conditional use permit.
JThe proposed day care center would allow up to 45
children. The site consists of three tracts of land,
so the conditional use permit will be issued for all
three tracts as one zoning lot.
The site was reviewed by staff and Mike Baker of the
County Parks & Recreation Department. The playground
did not meet the Federal guidelines, and the fence
could be hazardous:
The site is within the City Limits, so all services are
available. The surrounding land use is predominately
single family residential, and the Master Plan
designation is for "Urban Residential". After
reviewing all criteria, the staff recommends that the
conditional use permit for a day care center be granted
for the property described if the applicant complies
with the seven conditions as set forth in the report.
After more consideration, Greer suggested additional
clarification to the issuance of the conditional use
permit, by suggesting that the following conditions be
added:
#8) The day care center shall only operate between
the hours of 6:30 a.m. and 6:00 p.m. This would
not include church related activities.
#9) The conditional use permit is only valid for up
to 45 children.
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#10) The conditional use permit shall terminate 18
months from the date of issuance if commencement
of the authorized activity has not begun.
Public Hearing Lopp opened the meeting to public hearing to all those
in favor of granting the conditional use permit. No
one spoke in favor of the conditional use permit. The
meeting was then opened to all opposed to granting the
conditional use permit. There being none, the meeting
was closed to public input.
Discussion The meeting was opened to Board discussion. Greer
informed the Board that the granting of a conditional
use permit runs with the property. Stephens commented
that in the future he would like to see a completed
site plan so that the Board could see exactly what was
planned. Pastor Pinnell was present to answer any
questions the Board had regarding the conditions
imposed upon the request for a conditional use permit.
There was much discussion on the reasons for the
conditions on setbacks, landscaping, paving, and
upgrading of the playground facilities.
The Board questioned if the conditions applied would be
reviewed by the Kalispell Site Development Review
Committee? The Kalispell Site Plan Development Review
J Committee is comprised of all City department heads,
who meet weekly. The landscaping conditions were
discussed at great length, and concern was expressed as
to who had the final authority to see that all
conditions had been met., The applicant is responsible
for planning the project and present it for approval.
The Board and the Committee are not in a position to
design the project.
Kennedy made a motion to recommend approval of the
Conditional Use Permit for the day care center for the
property described in Exhibit A and that the 10
conditions be met and approved by the Kalispell Site
Plan Development Review Committee, and the findings of
fact presented in the FRDO Report #KCU-92-1, be adopted
as presented. Ellingson seconded. Discussion
followed.
DeGrosky moved to amend the .motion so that condition #5
reads- ..northerly, southerly and westerly lot
lines...". Ellingson seconded. The Board voted
unanimously in favor of the amendment.
By roll call vote, the Board voted to grant the
original motion as amended. All members voted aye.
Vice -President Lopp asked the audience if there were
any issues which the public would like to bring before
the Board for public comment? There being no response,
he thanked them for attending our meeting.
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OLD BUSINESS The matter of zoning areas south of Kalispell in the
Lower Valley and around Foy Lake is still in the
process. A legal description will be delivered to the
paper by Friday, May 15, 1992. Discussion followed on
the zoning designations recommeded for these areas.
Information is still being gathered on the Kalispell
Airport Plan, and is still in process. Lisa Rice has
announced her resignation, so work priorities may be
affected.
The extension of extra -territorial zoning was
discussed. In order to extend this Board's planning
jurisdiction into the County's jurisdiction, the Master
Plan would need to be amended. Interim zoning in the
County was also discussed. Informational public
meetings will begin in June. Meetings have been held
for the Bigfork area, so the zoning in Bigfork is
moving forward. Discussion followed on how interim
zoning would affect mobile homes.
NEW BUSINESS Under new business is Lisa Rice's resignation. Also,
at the next Board meeting there will be a number of
conditional use permits; one for a multi -family housing
project on Two Mile Drive, a Bed & Breakfast on 5th
Avenue East in Kalispell, and for the Heritage Place
personal care facility. A map will be prepared for the
public hearing on the zoning south of Kalispell.
A member of the public, Ted Sock, from the Lower
Valley, asked why the staff was proposing rules for the
Lower Valley? Greer responded that the Commissioners
have asked that Flathead County be zoned, and it is the
responsibility of this Board to evaluate that mandate.
The Board asked if additional staff would be requested
in the budget? Discussion followed.
A member of the public requested to present new
business. Lopp reopened the meeting to public comment.
Gary Collier, wanted to add some new business or public
comment. He represents the Flathead County Sign
Association, and the Commissioners have instructed them
to come up with a sign ordinance for the County, which
has been done. Stephens asked if Mr. Collier would
give the Board a copy of his document, which he agreed
to deliver to the staff office.
ADJOURNMENT There being no further business, it was moved and
seconded to adjourn the meeting at 8:15 p.m.
APPROVED
President
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