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06-09-92 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING JUNE 9, 1992 CALL TO ORDER President Hash called the meeting to order at 7:08 p.m. AND ROLL CALL Board members Robert Lopp and Larry Dominick had an excused absence. There were approximately 15 members of the public in attendance. APPROVAL OF Hash called for approval of the minutes of the May 12, MINUTES 1992 meeting. Stephens moved that the minutes be approved as read. Kenndey seconded. All Board members voted aye. REQUEST FOR Hash introduced a request by Sheryl Getman for a City CONDITIONAL of Kalispell conditional use permit to allow for a bed USE PERMIT / and breakfast in an existing residence located at 538 GETMAN BED & 5th Avenue East. The property is more particularly BREAKFAST described as Lots 3, 4, 5, and 6 in Block 81, Kalispell Original, records of Flathead County, Montana. Staff Report Greer presented FRDO Conditional Use Report #KCU-92-2, which includes photos submitted by the applicant. The property is located in the City of Kalispell and is zoned R-3, "Urban Single Family Residential". A "Bed and Breakfast" is listed as a conditional use in this zoning designation. The statutory criteria applied to all conditional use permits was used for review of this application. It is recommended that the conditional use permit be granted subject to the thirteen conditions set forth in the report, ten of which are standard conditions consistent with the Kalispell Zoning Ordinance. The additional conditions state that a there be a maximum of 10 guests per night, requiring a design for five parking spaces in addition to the two parking spaces for the residents. The last condition requires that smoke detectors be installed in all sleeping rooms. Public Hearing The meeting was opened to all those who wish to speak in favor of granting the conditional use permit to allow a Bed and Breakfast in a)R-3 zone. Sheryl Getman, applicant, presented to the Board, letters from five neighbors who are in favor of the granting the conditional use permit. Norma Happ, 535 5th Avenue East, thinks a Bed and Breakfast is a marvelous use for this house. Nancy Gunther, neighbor to application, however, has additional garbage generated dumpsters. the west, supports this a concern regarding the and the placement of the 1 Georgia Otten, 432 5th Avenue East, feels that this is the only use for these wonderful old houses, and it enhances the community. Dawn Nixon, who operates the day care near the subject residence, is also in favor of the application. There being no other proponents the meeting was opened to those opposed to granting the conditional use permit, allowing a Bed and Breakfast operation. Janet Decker -Hess, 410 5th Avenue East, expressed her concerns regarding a Bed and Breakfast in the neighborhood. She has two children and is concerned with extra traffic, the transient nature of the clientele, and the fact that all of the large historic homes being sold in the neighborhood are advertised as "potential Bed and Breakfast". She would like to see the residential character maintained. There being no further opponents, the meeting was opened to Board discussion. Discussion The Board asked the applicant questions regarding her plans for operating the Bed and Breakfast. The applicant grew up in this house. Her mother sold the house about 12 years ago. Since then, it has defaulted four times, and has been vacant for a long periods of time. It is difficult for a familv to maintain. The Board discussed how to avoid street side parking, and the placement of garbage canisters. To alleviate some of the concerns of the public participants, the cumulative impact of additional Bed and Breakfast operations in the neighborhood would need to be looked at as other applications come in. In the case of Bed and Breakfast operations, the conditional use permit does not transfer with the sale of the property. DeGrosky made a motion to accept as findings of fact and recommend approval of the conditions as set forth in FRDO Report #KCU-92-2. Fraser seconded. The motion was carried unanimously. REQUEST FOR Hash introduced a request by Westwind Village, a CONDITIONAL Montana Limited Partnership, for a City of Kalispell USE PERMIT / conditional use permit to construct the Westwind WESTWIND Village Apartments, consisiting of a total of 34 VILLAGE residential units. The site of the proposed apartments APARTMENTS is generally described as being located off of Two Mile Drive in Kalispell, adjacent to the Kalispell Senior �) Apartments. The property is more particularly described as being Lot 2 of the Amended Plat of Westerly Portion of Gateway West Addition #34 Subdivision, records of Flathead County, Montana. 2 Staff Report Greer gave an overview of FRDO Conditional Use Report #KCU-92-3 regarding a request to construct and operate a 34-unit apartment complex. The location of the subject property is directly adjacent to two other apartment complexes, and is currently zoned RA-1, Low Density Residential Apartment, with a "multi -family dwelling" listed as a conditional use. The design of the project incorporates open space due to its proximity to the floodplain, and additional landscaping. Internal parking is adequate, although traffic will increase at the intersection of Two Mile Drive and Meridian Road. There will be a significant impact from additional elementary school children enrollment, with Russell School being the nearest neighborhood school. The fire department was concerned about having an emergency service access road. This development blends with the existing land use in the area. It is not likely to create additional concerns that are not already in existence, therefore it is neighborhood compatible. The staff recommends that the requested conditional use permit be granted subject to the 12 conditions set forth in the report. Public Hearing The meeting was opened to all those wishing to speak in 0 favor of the conditional use allowing the construction and operation of the 34-unit apartment complex. Edward Mackay, of Placerville, California, owner of the proposed project, has read all the conditions in the report and does not have any problems with them. He answered questions the Board had regarding low income housing, the traffic and sidewalks. Pat McCormick, 486 Two Mile Drive, manager of the apartment complex on Two Mile Drive, stated that he and his wife receive 4-6 calls per day from applicants looking for low income housing. There is a definite need in this valley for housing. Ronnie Pack, wanted to clarify a mistake which surfaced in the surveyor's plans showing the 20 foot road surface, instead of the 28 foot road requirement. This has been resolved with the City. There being no other proponents, the meeting was opened to all those wishing to speak in opposition to the requested conditional use. There being no opponents, the public hearing was closed and the meeting was opened to Board discussion. Discussion The Board discussed how Mr. Mackay proposes to address condition #10 regarding the fire emergency access. Maintaining open space and the integrity of the floodplain was also discussed. The increased traffic is a burgeoning problem. The overcrowding of the 3 1� schools was another major concern of the Board. The possibility of "developer impact fees" were discussed as a means of addressing these issues. Motion Kennedy made a motion that FRDO Report #KCU-92-3 be accepted as findings of fact and recommend the City Council grant the request for the conditional use permit subject to the 12 conditions. Sloan seconded. CONSIDERATION Next on the agenda is consideration of adoption of the OF ADOPTION OF Lower Side Zoning District #80, a County zoning LOWER SIDE district within the planning jurisdiction of the ZONING DISTRICT Kalispell City -County Planning Board and Zoning Commission. Said zoning district will be adopted under the provisions of 76-2-201, et. seq. , MCA. The proposed zoning district is generally situated southerly of Kalispell and includes such areas as the vicinity of Foys Lake, Orchard Ridge, Wapiti Acres, and Foys Bend in the Lower Valley area. The southerly extension of the proposed district follows a east -west line along Rocky Cliff Drive. Various zoning classifications are proposed within the perimeter boundaries of the district. The zoning district will be regulated in accordance to the Flathead County Comprehensive Zoning Regulations, permanent file #16,137, Flathead County. Staff Report Greer presented FRDO Zoning Report ZD #80. A map portraying the proposed zoning for the remaining "unzoned" areas within the jurisdictional area of the. Kalispell City -County Master Plan was displayed. The proposed zoning district is called Lower Side Zoning District, and adjoins existing county regulated zoning districts. The existing land uses and the proposed zoning designations were described. Public Hearing The meeting was opened to all those in favor of the proposed zoning district. (There were four members of the public in attendance.) Kathleen Jukich, Sunrise Terrace, was in favor of the area where she lives being zoned R-2. The meeting was then opened to anyone opposed to the proposed zoning district. Mike Jostrim, Plum Creek Timber Company, Kalispell, is opposed to approving this zoning district at this meeting, as a major land owner in the area, in order to have more time to look over the proposal. Gary Radford, Rocky Cliff Drive, asked for clarification regarding the City's jurisdiction of this area. Explanation and discussion followed. The Board determined that due to the small amount of public representation present at this hearing, that the 4 proposed Lower Side Zoning District it be more widely publicized in the Daily Inter Lake. Motion Fraser made a motion to table for continuation the public hearing on the proposed Lower Side Zoning District and continue it at the July meeting. Ellingson seconded. The motion was carried unanimously. OLD BUSINESS The developers for Buffalo Terrace/Buffalo Square came before this Board at May's meeting and had agreed to the conditions of approval to annex into the City at the time of filing the plat. However, they pleaded a financial hardship to the Commissioners, claiming they did not want to "bring it up" at the Planning Board meeting. Discussion followed. Sloan made a motion that the Board write a letter to the developers with a copy to the Commissioners expressing the Board's discontent with their actions. DeGrosky seconded. Discussion of letter content ensued. By roll call vote, all Board members present voted aye. Ellingson abstained from voting. NEW BUSINESS Dave Greer tendered his resignation. July 6 will be his last day. Tom Jentz will be taking over for the Kalispell City -County Planning Board. For the summer meetings in July and August, the meeting time will change to 5:30 p.m. ADJOURNMENT The meeting was adjourned at 9:15 p.m. APPROVED: 4,.,, 6,�- 6. -A - Therese Fox Hash, President t� zaVeth on o, Recording Secretary 5