01-11-94 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
JANUARY 11, 1994
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -
County Planning Board and Zoning Commission was called
to order at 7:00 p.m. by Senior Planner John Parsons.
It was noted that both the President and Vice -President
were absent. Therefore, the Board must elect a
Chairperson Pro Tem. Carlson moved to appoint Pam
Kennedy as Chairperson Pro Tem. Seconded by DeGrosky.
By roll call vote, DeGrosky, Sanders, Carlson, Bahr and
Hodgeboom voted aye. Kennedy presided the meeting.
John Parson, 'Senior Planner represented the Flathead
Regional Development Office. Brian Wood, Zoning
Administrator for the City of Kalispell represented the
City. There were approximately 45 members of the
public in attendance.
ROLL CALL The next order of business was roll call. Bahr,
Carlson, DeGrosky, Hodgeboom, Sanders and Kennedy were
present. Lopp and Hash had excused absences. New
Board members Hodgeboom, City appointee, and Sanders,
County appointee were welcomed.
APPROVAL OF The minutes of the meeting of December 14, 1993 were
MINUTES approved as written on a motion by Bahr, second by
DeGrosky. All Board members present voted aye.
ELECTION OF On a motion by DeGrosky, second by Carlson, it was
OFFICERS unanimously agreed to retain Therese Hash as President
of the Kalispell City -County Planning Board.
Bahr moved to nominate Pam Kennedy as Vice -President of
the Kalispell City -County Planning Board. DeGrosky
seconded. All Board members present voted unanimously
in favor.
CITY OF Kennedy introduced the first public hearing item,
KALISPELL / a City initiated zone change request by the City of
REZONE REQUEST Kalispell to rezone approximately 70 acres of R-3,
TO H-1 RA-1 and B-3 to H-1 (Health Care). The area is
generally located on the east side of US Highway 93
between Heritage Way and Crestline Avenue.
Staff Report Parsons presented FRDO staff report #KZC-93-3. The
subject property is in a stage of transition and is
comprised of a mixture of uses of both existing and
proposed medically related facilities. Based on the
findings of fact from evaluation of the statutory
criteria for zone changes, staff recommended approval
of the zone change. Northwest Health Care, who
recently purchased Developers Diversified property, has
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requested that the segment of B-3 property be excluded
from the H-1 zone classification until a later date.
Wood reported on the City's position with regards to
the B-3 issue. The property purchased from Developers
Diversified includes a B-3 zone classification. The
property owners intend to Master Plan the entire area,
and in anticipation of the Master Plan, the City
recommends exclusion of the approximately 3 acres of
the B-3 properties from being rezoned to H-1. Medical
professionals in the affected area have requested a
modification of parking standards in an H-1 zone from
the current standard of 1:150 square feet to 1:200
square feet of building. Three letters were received
in support of the H-1 zone from: Dr. Wilson Higgs, the
Immanuel Lutheran Home, and Lantis Enterprises. Copies
of these letters were submitted to Board members.
Public Hearing The public hearing was opened to those in favor of the
H-1 zone change.
Brian Wood, Zoning Administrator for the City of
Kalispell, explained that a sizeable land area has been
designated in the Master Plan for medical/professional
uses. Under the current zoning classifications, a
conditional use permit is required for professional
offices. Under the proposed H-1 designation, medical
uses are permitted uses, thus saving the applicant both
time and expense. Not a single non -conforming use will
be created with the zone change. City staff will send
a favorable recommendation to the Council in favor of
the H-1 zone change and the text amendment regarding
parking standards.
Bill Astle, attorney representing the hospital and
various corporations in the subject area, spoke in
favor of the H-1 zone for the bulk of the 36 acres
purchased by Northwest Health Care. He requested that
the Buffalo Hill apartment complex, which is zoned B-3,
be excluded from the rezone. A higher price was paid
for the property and this would be a down zone. With
the potential annexation of the former Developers'
Diversified property, which is predominantly
undeveloped, the long term uses need to be addressed..
David Greer, representing the hospital, has been hired
to prepare a neighborhood plan for the area. The
pending zone change and annexation has created a
situation where the long range plans of the hospital
needs to be assessed to manage future facilities for
all undeveloped properties. A color -coded map was
passed out depicting Northwest Health Care property
outside the City limits, subject to pending annexation,
(approx. 60 acres) and undeveloped land in the City.
He requested that the B-3 property not be downzoned to
H-1 at this time, to allow time for a community
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planning process to develop a plan which will provide
predictability, and a full understanding of the land
use in the area. This will be a benefit to the City to
have approximately 70 acres master planned with private
funding.
Bill Diers, President and CEO for Kalispell Regional
Hospital and Northwest Health Care, gave his assurance
that they are committed to work with the City and the
community. In the name of proactive health care, he
supports the H-1 zone, but asked to set aside the B-3
portion for and opportunity to look at options and come
back with a plan everyone can agree to. They are
committed to service to this community, will not do
anything with the property until the master plan is in
place.
Paul Tutvedt, Chairman of the Kalispell Regional
Hospital Board, one of seven lay members of the Board
representing the citizens of the community, spoke in
favor of a Master Plan. He is also involved with the
CPC process, and it is anticipated that the population
will double. A complex medical facility will be part
of that growth, and he requested that the B-3 segment
nbe preserved until the plan can be put into effect.
Steve Weber, representing the physicians, spoke in
favor of the H-1 zone and in favor of the parking ratio
change. He referred to the Conditional Use Permit
required under the current zoning, they recently got to
build a clinic near the hospital. An H-1 zone would
allow the construction of a clinic, making the process
less expensive and time-consuming. He asserted that
the current parking standards are not realistic for
medical office uses, and urged that changes be made.
Dr. Ingham, Kalispell Orthopedic Clinic, feels that the
H-1 zone fits in very nicely with the other uses in the
area, and is a benefit to the hospital community.
Dale Haarr, representative for Ward 2, in which the
hospital is located, spoke in favor of the H-1 zone
change. He recalled when he sat on the Board and this
property was slated for a shopping mall. That decision
went all the way to the Supreme Court. He feels that
the H-1 zone will allow for expansion of land uses
favorable to the Master Plan. He requested that the
B-3 zone be withheld until the Neighborhood Plan has
been submitted.
There being no further proponents of the H-1 zone
change request, the meeting was opened to those in
opposition.
Opposition Judy Evanson, has lived across the street from the
Seventh Day Adventist Church for the past, 40 years,
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questioned how this zone change would affect taxes and
property values? She also wanted to know if she could
put a trailer on her property or open a gallery? Mrs.
Evanson was directed to contact FRDO staff to answer
her questions.
Elmer Sieler, representing East Haven Baptist Church
located on Buffalo Hill, was not opposed to the H-1
rezone, but wanted the City to be aware that the Church
had plans to expand.
There being no further opposition to the H-1 zone
change, the public hearing was closed and the meeting
opened to Board discussion.
Discussion Wood was asked if he felt there was a risk of the B-3
property being developed prior to the implementation of
the neighborhood plan. Wood informed the Board that
numerous discussions had been held regarding this
issue, and the City feels comfortable excluding the 3
acres of B-3 designated property and moving forward
with the H-1 rezone.
Motion Bahr made a motion to recommend to City Council to
adopt FRDO report #KZC-93-3 as findings of fact, with
0the exception that the property currently zoned B-3 be
excluded from the recommendation. An additional
recommendation was made that the parking ratio be
changed from the current 1:150 sq. ft. to 1:200 sq. ft.
Staff informed the Board that the parking standards
were not part of the application. Bahr struck the
parking recommendation from the motion. DeGrosky
seconded.
Motion Carlson argued for a unified H-1 zone classification
and expressed concern with accepting verbal assurances
for a PUD to follow in six months. Carlson moved to
exclude the exclusion of the B-3 zoned property from
the previous motion. The motion died for lack of a
second. Discussion followed on the concern raised.
On a roll call vote Bahr, DeGrosky, Hodgeboom, Sanders,
and Kennedy voted aye. Carlson voted nay. The motion
carried on a 5-1 vote to recommend to City Council that
the H-1 zone be approved, excluding the B-3 property.
Motion Bahr moved to recommend that staff review and revise
the Parking and Zoning Ordinance for the H-1 zone
classification to change the parking standards from
1:150 sq. ft. to 1:200 sq. ft. DeGrosky seconded. By
-� acclaimation vote, all members present voted aye.
ZONE CHANGE / The next combined items for public hearing 'was a
R-1 TO R-5.& request by Jack Barrett for a zone change and
MEADOW MANOR preliminary plat on 23.2 acres described as follows:
ADDITION II / Tract 4RB in the SE4SE4 of Section 4, and part of
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1 PRELIMINARY Government Lot 1 in Section 9, Township 28 North, Range
PLAT 21 West, P.M.M., Flathead County, Montana, located
between Shady Lane and Spring Creek, approximately
2,000 feet south of Highway 2. The zone change request
is from R-1 to R-5 zoning according to the Flathead
County Zoning Regulations. The preliminary plat is a
request to approve a 110 space mobile home park and
three recreation areas. The park is called Meadow
Manor Addition II. The mobile home spaces will range
in size from 5,000 square feet to 8,700 square feet
with one lot at 11,000 square feet. The recreation
areas range from 3,500 square feet to 19,000 square
feet. All sizes are approximate.
Staff Report Parsons presented an overview of report #FZC-93-14 for
a zone change request from R-1 to R-5, and subdivision
report #FPP-93-12, which evaluates the manufactured
home park as a major subdivision. Staff recommended
approval of the zone change due to Master Plan
anticipated growth for the area, which would be a
benefit to the County and City. The preliminary plat
is approved subject to 17 conditions set forth by
staff. Parsons recommended an amendment to conditions
#3 and #4 based on a letter received from the County
Parks Superintendent, which was distributed to Board
members and applicant. Add a condition #18 to read:
-- "A ten foot (10) landscape buffer be planted along
Shady Lane to be approved by the County Parks
Department and/or FRDO." Add a condition #19 as
follows: "Incorporate the letter dated January 7,
1994, from the Flathead County Parks Department into
the design of the subdivision, in however it modifies
condition #3 and #4, pertaining to park land
dedication."
Public Hearing The meeting was opened to all those in favor of the
zone change request and preliminary plat approval of
Meadow Manor Addition II.
In Favor Wayne Evert, Ridgewood Drive, whose family is largest
adjacent landowner west of this property across Spring
Creek, spoke in favor of the mobile home park. There
is a need for spaces, and he and his brothers would
like to develop their property in a similiar manner.
Joan Bailey, owner of the White Birch Motel, is in
favor of the development, as there is a need for mobile
home spaces.
Betty Edwardson, a resident in Meadow Manor Mobile Home
Park, spoke of the need for affordable housing. The
Barretts have a quality operation where they provide
self sufficient living for senior citizens, such as
herself, by providing security, affordable rent, and
yard maintenance.
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Bob Richardson, representing Chaparral Real Estate, is
in favor of the development, as the area continues to
grow there is a need for affordable housing.
Mike Barrett, manager of Meadow Manor, attested to the
need for mobile home spaces, as he receives 3-4 calls
per day from families looking for a place to live on
the average income in the Valley.
Jack Barrett, the applicant, commended Parsons on his
staff report. He asked for clarification on condition
#17 regarding the waiver of protest to annex with the
City. Parsons explained that the condition was a
result of review of the application by City staff in
the event that the City starts providing services for
the development. Mr. Barrett referred to a letter he
received April 19, 1993 from the Evergreen Water &
Sewer District, and a conversation with John Wilson of
the City, which he felt were contradictory to condition
#17. He had concerns with the letter he just received
from the Parks Department. He proposed eliminating
Park "B", as it is small, and would pose a problem with
maintenance. He proposed to increase the size of lots
56-62. A fence will be built around Park "A". He has
planned to leave the area along Spring Creek as a
natural area at 50 feet from the bank, instead of the
^� centerline, as indicated in staff report. He felt
there was a misunderstanding regarding Park "C". He
has misgivings about deeding parkland to the County.
He would rather give the Parks Department 1/9 of the
value and maintain and control his property as a
homeowner's park. He proposed to convert a portion of
the park as storage and RV parking area.
Mike Seaman, mobile home dealer and neighbor of Jack
Barrett's, spoke in favor of this mobile home park,
because there is a need for spaces, and Mr. Barrett
will do a good job.
Rod Nelson, neighbor to Mr. Barrett for 25 years, is in
favor of the park, as there is a need for homes in the
Valley as it continues to grow. He had concerns with
roaming dogs. He raises chickens to feed his snakes,
and in the last three years, dogs have been roaming
through his property and killing his chickens.
Mrs. Edwardson responded that there is a leash law in
the Court, and that she has never had a problem with
dogs.
There being no further proponents, the meeting was
opened to those in opposition to the zone change and
preliminary plat approval.
Opposition Ted Joern, who owns the second largest piece of land
adjacent to this property, is very much opposed to this
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mobile home park, with its potential for increased
problems. The water quality of Spring Creek will be
adversely affected. Traffic problems exist now, as the
road is not wide enough for bicycles and pedestrians.
He is concerned about how a mobile home park will
affect his property value. If he had known the zone
could be changed to allow a trailer park, he would not
have bought the property. Now the plan is being
changed. The applicant is proposing to change the
parkland to storage space for trailers, boats and old
cars. A development of this size would add a load to
the new sewer system, which isn't even in, yet.
There being no further opponents, the public hearing
was closed and the meeting opened to Board discussion.
Discussion Hodgeboom voiced his observations about bulldozing the
native vegetation and filling in the swales near Spring
Creek. He had serious concerns with the expansion of
development in the floodplain. DeGrosky was disturbed
about hauling in fill in order to develop in the
floodplain. Considerable discussion followed on
development in the floodplain. Staff informed the
Board that the Corps of Engineers and FEMA criteria
_ will have to be met by the applicant. Notification to
(J� potential residents regarding the floodplain could be
a condition of plat approval.
Park land was discussed at length, with concern about
the proposed RV storage in the park space, which was
not indicated on the plat. The letter from the County
Parks Department was incorporated into the conditions
of the plat approval.
Motion DeGrosky moved to adopt reports #FZC-93-14 and
#FPP-93-12 as findings of fact, and recommend that the
zone classification be changed on the subject property
from R-1 to R-5. He moved to further recommend that
the preliminary plat for Meadow Manor Addition II be
approved subject to the conditions set forth in report
#FPP-93-12, with additions and amendments as follows:
Change condition #16 to read: "...50 feet from the
bank..." Add a condition #18 to read: "A ten foot
(10) landscape buffer be planted along Shady Lane to be
approved by the County Parks Department and/or FRDO."
Add condition #19 as follows: "Incorporate the letter
dated January 7, 1994, from the Flathead County Parks
Department into the design of the subdivision,
modifying condition #3 and #4, pertaining to park land
dedication with the exception of eliminating Park "B",
and add the area to Park "A". Add a condition #20 -
C_, % "Amend the Rules and Regulations of Meadow Manor Mobile
Home Park to include a statement that the mobile home
park is located in the floodplain." Carlson seconded.
Discussion followed on the motion. On a roll call
vote, Bahr, DeGrosky, Carlson, Sanders and Kennedy
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voted aye. Hodgeboom voted nay. The motion carried on
a 5-1 vote to recommend approval of the zone change and
preliminary plat.
OLD BUSINESS Parsons gave an update on the North Meridian Plan. He
reviewed the results of the neighborhood meeting held
on November 30, 1993, the input from the Planning Board
workshop on December 14, 1993, and a second public
meeting held on January 5, 1994. Four maps were
displayed depicting (1) proposed general plan, (2)
existing land use, (3) existing zoning, and (4)
proposed transportation plan, which includes streets,
pedestrian paths and bikeways. It was indicated at
these meetings that there was enough commercial
property on North Meridian and high density residential
was preferred. An RA-3 classification allows for
professional offices. Transportation options were
discussed. A public hearing on the neighborhood plan
is anticipated for the February Planning Board meeting.
This constitutes an amendment to the City -County Master
Plan and must be approved by both the City Council and
the County Commissioners.
NEW BUSINESS The selection of a member -at -large was the next order
of business. The interested applicants, Craig Hess,
Mike Fraser, Jim Eddington, Bob Richardson and Keith
Robinson were introduced to the Board members. Jeff
Ellingson had withdrawn his letter of application. By
concensus, the Board voted by written ballot. Mike
Fraser received four votes and was selected by the
Board for the member -at -large. Discussion followed on
the inconvenience of an 11-month term for member -at -
large. Staff was directed to look into appointing
member -at -large at December's meeting.
Carlson announced that the Commissioners' descision on
interim zoning regarding billboards was helped along by
the "Signs" video. The featured speaker in the video,
Ed McMahon, has been invited by Citizens for a Better
Flathead, to be in Kalispell .on February 26, 1994, to
speak at the Outlaw Inn.
City Council will hold its goal setting session on
February 5. Items of Council discussion are annexation
of Evergreen strip and restroom facilities at Depot
Park.
ADJOURNMENT There being no further business, the meeting was
adjourned at 9:38 p.m.
Pamela K nedy, Elizabeth Ontko, Recording Sec'y
Chairper on Pro Tem
APPROVED:
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