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07-14-92 Planning Board�1 KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION 1 MINUTES OF MEETING JULY 14, 1992 CALL TO ORDER President Hash called the Kalispell City -County Planning Board portion of the meeting to order at 8:30 p.m. Roll call was conducted earlier at the joint meeting of the Flathead County Planning Board and Kalispell City -County Planning Board. All Board members were present at the joint meeting, however Kennedy and Fraser were not present for the regular Board meeting. REQUEST FOR Hash introduced the next item on the agenda which is a CONDITIONAL request by Well Care Investors, Inc. for a City of USE PERMIT / Kalispell conditional use permit to build and operate WELL CARE a 20-bed personal care facility in an H-1, Health Care INVESTORS, zoning district. The property is described as being PERSONAL CARE Lot 1 of Heritage Place 1st Addition, as shown on the FACILITY preliminary plat of Heritage Place, 1st Addition, City of Kalispell Resolution #4056. Staff Report Jentz gave a quick overview of Conditional Use Report #KCU-92-4. He noted that there is one change in the site plan, modified to improve the design by limiting access to a single access point. The Staff recommends approval of the requested Conditional Use Permit subject to the eight conditions set forth in the report. Public Hearing The meeting was opened to all those in favor of the conditional use permit. Sheldon Hillier, supervisor for Lantis Enterprises, spoke in favor of the request to build a 20 bed personal care unit, however, did not agree with condition #3 requiring the applicant to extend the 12 inch water line. There being no further proponents, the meeting was opened to all those opposed. Hearing none, the public hearing was closed and the meeting was opened to Board discussion. Discussion The Board asked the applicants to voice their concerns. Condition #3 requiring that 170 feet of 12 inch water line to create a looped water system. The architect for the personal care facility, pointed out that his client will be installing 400 feet of 12 inch water main, and condition #3 of the conditional use permit is requiring them to install an additional 170 feet which serves no purpose for this project. It essentially would mean that Well Care Investors, Inc. would be giving the City of Kalispell 570 feet of water 1 main. In response to questions regarding fire control, since it is a health care facility, licensing by the State will require stringent requirements for the sprinkler system. The developer will install a fire hydrant. Doug Johns spoke on behalf of Developers Diversified and Lantis Enterprises, to clarify that when this project underwent subdivision review, the intent of the City was to install the water main to their property line. He feels that this is the City's responsibility. Sloan made a motion that Conditional Use Report #KCU- 92-4 be accepted as findings of fact, deleting condition #3. DeGrosky seconded. The motion carried. REQUEST FOR Hash introduced the request by Robert A. Richardson for ANNEXATION AND annexation and zoning of a tract of land described as ZONE OF R-4 / Lots 1, 2, and 3 and the "Park" of Hammers Subdivision. RICHARDSON The applicants' request R-4, Two Family Residential zoning. Staff Report Jentz clarified. that Mr. Richardson is requesting annexation before the City Council. This Board needs to recommend a zoning classification for this property for when it is annexed into the City. It is currently 1 zoned R-1 in the County, and the proposal is for a city zone of R-4, which allows duplexes. Public Hearing The meeting was opened to public hearing. There being no public input on the proposed. city zone request, the public hearing was closed. Motion For the Zoning Commission, Sloan made a motion that the zone request for an R-4 classification be approved in the event this property is annexed into the City, and accept as findings of fact the City Zone Report #KA-92- 2. Lopp seconded. The motion was carried unanimously. REQUEST TO Next item to be heard was a request by John and Carol AMEND WILLOW Smithlin to amend the Willow Glen Zoning District GLEN ZONING (Flathead County Resolution #654-A) by changing the DISTRICT / zoning of a tract of land from Residential R-2 to R-2 TO B-3 / General Business B-3. The subject property is SMITHLIN generally situated southerly of Super 1 Foods near the intersection of U.S. Highway 2 and Montana Highway 35. Staff Report Jentz explained the current zoning and indicated that the requested zone change involves property which is under three separate ownerships. Based on the existing residential uses and the lack of public access to these tracts, Staff recommends that the zone change from R-2 to B-3 be denied. Although, it is in substantial conformance with the Master Plan, it is felt that the zone change from residential to commercial use, is premature. 2 Public Hearing The meeting was opened to all those wishing to speak in favor of the zone change. John Smithlin, the applicant, informed the Board that he was working with the adjoining landowners and that things were proceeding. He stated he now owned the Lister property. There being no further proponents to the zone change, the meeting was opened to all those opposed. Bruce Fitzgerald, 177 S. Cedar, asked how this zone change would affect his property? Jentz informed him that his property is currently zoned R-2, and this zone change would have his property abut a commercial zone, instead of a residential. There being no further comments, the public hearing was closed and the meeting was opened to Board discussion. Discussion The proximity to Spring Creek, floodplain and environmental constraints to commercial development in this area were discussed. Discussion continued on the limits of creation of commercial centers. It was emphasized that conditions cannot be put on a zone change. The zoning designation must be able to function on the ground. Once a zone change is granted, any use permitted in that zoning is allowed. Sloan made a motion to accept FRDO Report #FZC-92-3, adopting the findings of fact, recommending denial of the zone change. DeGrosky seconded. Discussion followed. Ellingson made a substitute motion that the Board recommend denial of the zone change. Ellingson added a finding to his motion stating that if the property comes under single ownership, the Board would be more favorable towards recommending to the County Commissioners that the zone change be allowed. Dominick seconded. Dominick, Stephens, DeGrosky, and Ellingson voted in favor. Sloan and Lopp voted against the substitute motion. President Hash abstained. The motion carried. CONTINUATION / Hash introduced the continuation of the public hearing PUBLIC HEARING on the request for adoption of the Lower Side Zoning PROPOSED LOWER District #80, a County zoning district within the SIDE ZONING jurisdiction of the Kalispell City -County Planning DISTRICT Board and Zoning Commission. Said zoning district will be adopted under the provisions of 76-2-201, et. seq., MCA. The proposed zoning zoning district is generally situated southerly of Kalipsell 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 3 east -west line along Rocky Cliff Drive. Various zoning classifications are proposed within the perimeter boundaries of the district. Staff Report Jentz explained that the Kalispell planning jurisdiction extends up to 4 1/2 miles outside the city limits into the county. We are now addressing the area south of Kalispell. The public hearing started at 9:30 p.m. During the evening approximately 75 members of the public were in attendance. Approximately 26 were present for the duration. The Board opened the meeting to public comment on the draft proposal for the Lower Side Zoning District. Public Hearing Jentz explained the zoning classifications shown on the map, and answered questions from the public. Property owners indicated where their property was located on the map and staff explained how the zoning would affect the land use. The major concerns of the public are noted below. Seven of the eight residents who live on Valley View Drive noted their concern on the AG-40 designation for that area. When questioned by the Planning Board, they voiced a preference for an R-1 zone. \ Henry Oldenburg and Andy Anderson would like to have Highway 93 South zoned commercial and light industrial. Jentz explained that the Master Plan does not project commercial development between Kalispell and Somers. The present request would be a short-sighted plan which would create a strip commercial zone, resulting in increased highway access points, more traffic, more accidents and linear development. Randy Saunier, a realtor speaking on behalf of two property owners, who he is sure are totally unaware of this proposed zoning, felt that his clients, the Hollands and the Blasdales, would object to the SAG--10 zoning designation on their property between Orchard Ridge and Wapiti Acres, and the property between Birch Meadows and Orchard Ridge, which is proposed as AG-40. He feels they would prefer a SAG-5 designation. Providing the infrastructure and services for rural areas was discussed. Zoning sets a density framework, so the county can plan for services, and ensures some predictability of land uses and a "good neighbor" policy.. ((r` President Hash announced that because of the interest in the proposed Lower Side Zoning District, another informational hearing will be scheduled. There will be no Board action, on this proposal at this meeting. The 4 public hearing on the proposed Lower Side Zoning District will be continued. OLD BUSINESS Ellingson relayed that his client, Buffalo Chip were dismayed with the letter which appeared in the Daily Inter Lake. They plan to do more development in the valley in a responsible manner, and do not wish to jeopardize their relationship with the Board. JoAnn Speelman informed the Board that she held the story for four days, and none of the developers returned her calls. For the record, President Hash passed around a letter from the County Commissioners in response to the Board's letter. NEW BUSINESS There was no new business. ADJOURNMENT The meeting was adjourned at 10:35 p.m. APPROVED: Therese Fox Hash, President retary 5