02-08-94 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
FEBRUARY 8, 1994
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -
AND ROLL CALL County Planning Board and Zoning Commission was called
to order at 7:02 p.m. by President Therese Hash. Board
members present were Hash, Bahr, Carlson, Lopp,
Sanders, DeGrosky, Kennedy, Hodgeboom and Fraser.
There were approximately 24 members of the public in
attendance.
APPROVAL OF The minutes of the January 11, 1994 meeting were
MINUTES approved as written on a motion by Carlson, second by
Bahr. All Board members voted aye.
It was announced that the public hearing on the North
Meridian Neighborhood Plan has been postponed to a
later date, to be announced.
SOUTHGATE Hash introduced a request by Earl McPeek for
VILLAS / preliminary plat approval of Southgate Villas, a 24
PRELIMINARY unit condominium development connected to public water
PLAT and sewer services on 2.153 acres of land. The
property is located north of Kelly Road and west of
South Woodland Drive, and is further described as
Assessors's Tract 70GE in the NE4 of Section 20,
Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana. .
Staff Report Parsons presented report #FPP-94-1. The conditional
use permit required for the cluster type development
was granted by the Flathead County Board of Adjustment
on February 1, 1994. Based on evaluation staff
recommended approval of preliminary plat subject to the
nine (9) conditions set forth in the report. The
conditions of the conditional use permit are
incorporated in the recommendation. Future annexation
into the City of Kalispell was explained.
Public Hearing The public hearing was opened to those in favor.
In Favor Dawn Marquardt, 285 1st Ave EN, surveyor for the
project, stated that the applicant has hired an
engineer to address the problems with high water,
drainage and sewer. She pointed out that the
development to the south of this proposed subdivision
is duplex lots with the same density, and to the west
is an industrial zone which will be screened.
Thor Jackola, 1120 Sunnyside Drive, the engineer for
the project, explained that the high' groundwater
conditions will be addressed with fill and reverse
drainage.
Opposition Glen Majors, 1565 Eagle Drive, stated he was President
of the Greenacres West Homeowners Association,
representing 191 homes in that subdivision. Two
previous developments to the south and east of this
proposal have been approved with cash -in -lieu of
parklands. The nature of these developments will
appeal to low and middle income families with children
overburdening the existing parks in the area, as well
as the schools. The traffic is dangerous on Kelly
Road, there are no sidewalks for kids. The homeowners
would request a playground in the development, or a 4-
way stop sign at the intersection of South Woodland and
Kelly Road, as well as a walkway to ensure their
safety. They also had concerns with the building
height and screening between the developments. They
requested extreme consideration be given to drainage,
as this area is already experiencing high groundwater
problems.
There being no further opposition, the public hearing
was closed and the meeting opened to Board
consideration.
Discussion Private homeowners park versus County parkland was
discussed. Sidewalks/pedestrian walkways were
addressed and it was agreed it would be the
responsibility of the entire area with an SID. Kennedy
informed the Board that STOP signs need to be ordered
in and a letter to the Commissioners stating the
Board's and homeowners' traffic safety concerns would
be appropriate to address the traffic problem on Kelly
Road. Landscaping and drainage are addressed in the
conditional use permit.
Motion Kennedy moved that report #FPP-94-1 be adopted as
findings of fact and forward a favorable recommendation
to the County Commissioners for preliminary plat
approval with the conditions as attached. Hodgeboom
seconded. On a roll call vote all Board members voted
unanimously in favor of preliminary plat approval for
Southgate Villas.
KALISPELL The Flathead Regional Development Office and the City
CITY -COUNTY of Kalispell are recommending an amendment to the
MASTER PLAN Kalispell City -County Master Plan Map based on the
MAP AMENDMENT availability of water and sewer services; the possible
alternate U.S. Highway 93 route using the Burlington
Northern Railroad right-of-way; and requests by
�J Carver/Owens and Pacific Development Corporation for
master plan amendments and zone changes. The change in
the Map would be from a Suburban Residential
designation to an Urban Residential designation. The
area is located east of the Burlington Northern
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Railroad right-of-way, west of Airport Road, and south
of Sunnyside Drive. The property is generally
described as part of Section 19 and part of the NE4NE4
of Section 30, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
Staff Report Parsons handed out a master plan map illustrating the
area. The request is for an increase in density from
Suburban Residential to Urban Residential to be
designated on the Master Plan Map. Report #KMPA-94-3
evaluates two private requests in addition to FRDO
request to designate approximately 250 acres of the
planning area to urban density in accordance with the
Goals and Objectives of the Master Plan. Staff
recommended approval of the Map Amendment.
Public Hearing Wally Massie, a Kalispell realtor representing Pacific
In Favor Development, one of the applicants in the requested map
amendment, relayed how the developer, Mike Spring, had
scoured the area for property to develop affordable
housing lots. There is a shortage of affordable
housing in Kalispell, and this property seemed the best
for their plans, thus the request for increased density
on the Master Plan map.
OJeff Ellingson, 33 2nd Street East, Kalispell,
represents the estate of John Lindsay, who has property
in this area, spoke in support of the request.
Dennis Carver, one of the applicants, spoke in favor of
the map amendment.
Jim Holmes, South Kalispell, asked what fire protection
jurisdiction this area was located? Parsons responded
that two rural fire departments service this area:
Smith Valley and South Kalispell.
Opposition E1 Lautaret, 824 Sunnyside Drive, expressed concern
that this map amendment would bring his property into
the City limits. It was explained that a map amendment
did not change the city limits, that this is a multi-
step process.
There being no further public input, the public hearing
was closed and opened to Board discussion.
Discussion The maximum densities of the requested designation was
defined. DeGrosky asked if this designation would
support commercial strip land speculation along the
proposed by-pass route? Staff responded that
residential development would actually inhibit
commercial expansion.
Motion Fraser moved to accept report #KMPA-94-03 (including
KMPA-94-01 and KMPA-94-02) as findings of fact, and
recommend approval of the Master Plan Map Amendment.
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DeGrosky seconded. On a roll call vote Lopp, Fraser,
Bahr, DeGrosky, Sanders, Hodgeboom, Carlson, Kennedy and Hash voted aye.
PACIFIC The next public hearing item was a request by Pacific
DEVELOPMENT Development Corporation to amend the West Side Zoning
ZONE CHANGE District by changing the zoning on approximately 11
R-1 TO R-4 acres of land located south of Sunnyside Drive in the
vicinity of the Burlington Northern Railroad right-of-
way from County R-1 Suburban Residential to County R-4
Two Family Residential, according to the Flathead
County Zoning regulations. The site is described as
the south 580 feet of Assessor's Tract 7 of Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
Staff Report Parsons presented an overview of report #FZC-94-03.
Staff evaluated the request relative to the statutory
criteria for a zone change and recommended approval
based on the findings.
Public Hearing Wally Massie, representative for Pacific Development
In Favor Corp., spoke in favor of the requested zone change.
There was no opposition to the zone change. There
being no further public comment, the public hearing was
�.� closed.
Discussion The Board asked for clarification between a city R-4
and a county R-4 and the differences between permitted
and conditional uses. Board discussion ensued on the
ramifications of the zone change and alternatives to
the ultimate goal of applicant. The Board felt
uncomfortable with a request to split a single lot with
a zone change. They felt cautious about spot zoning to
accomodate a developer's plan to subdivide with no
guarantees that it will ever be built. Spot zoning was
a concern as all surrounding property is R-1. The land
uses in the area no longer fits the R-1 classification,
however, and the urban density is appropriate for this
location given its proximity to city services.
Motion Kennedy moved to adopt report #FZC-94-03 as findings of
fact, and forward a favorable recommendation to the
County Commissioners to change the zone from R-1
(Suburban Residential) to R-4 (Urban Residential).
Bahr seconded. Discussion followed on the motion.
The zone change request splits the single lot by two
zone classifications, due to the area designated as
being in the floodplain. The Board questioned why the
-�� floodplain issue was not discussed in the staff report.
Kennedy amended her motion to exclude the portion of
the lot in the floodplain from the zone change.
Motion Hash moved to amend the motion to adopt the findings of
fact and approve the zone change for the entire lot 7.
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Lopp seconded. Further discussion followed on the
corner of the lot which is in the floodplain. It is
designated on the Master Plan map as parkland. On a
roll call vote on the amendment to the motion, Fraser,
Bahr, Hodgeboom, Lopp, Sanders, Kennedy, and Hash voted
aye. Carlson voted nay. DeGrosky abstained. The
motion to change the zone on the entire tract 7 carried
on a 7-1-1 vote.
The underlying motion was to adopt the findings of fact
in the staff report and to forward a favorable
recommendation for a zone change on the entire tract 7.
On a roll call vote Hodgeboom, Bahr, Fraser, Kennedy
and Sanders voted aye. DeGrosky, Carlson, and Lopp
voted nay. Hash abstained. The motion passed on a
vote of 5-3.
LONEPINE VIEW Hash introduced a request for preliminary plat approval
ESTATES of Lonepine View Estates Subdivision, a 22-lot single
PRELIMINARY family residential development on the site described
PLAT above as the south 580 feet of Assessor's Tract 7 of
Section 19, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Staff Report Parsons presented an overview of report #FPP-94-03.
0Staff recommended conditional approval of the
preliminary plat based on evaluation of criteria for a
major subdivision.
Public Hearing Wally Massie, Kalispell realtor representing Pacific
In Favor Development Corporation, which is comprised of three
developers from Vancouver, Washington who are good at
what they do, which is developing first class
subdivisions. Their goal is to provide affordable
lots. This property was the best available land close
to city services that could be found near Kalispell.
The developers intention is to acquire more land in
this area to develop at a later date. There is an
existing home and day care on the road, accessing the
proposed subdivision. There is a contingency buy -sell
agreement on additional acreage. He informed the Board
that Thor Jackola, engineer for the project has
engineered the roads to city standards.
Opposition Kay Noel, 880 Sunnyside Drive, had a concern with the
density, the increased traffic, more kids, and decrease
of open space.
There being no further comment either for or against
the proposed subdivision, the public hearing was closed
and the meeting opened to Board consideration.
Discussion Board discussed the conditions setforth by staff. In
anticipation of eventual annexation into the City, it
was determined that conditions be modified to reflect
whether County or City has jurisdiction at time of
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final plat approval. ie. "Flathead County Board of
Commissioners and/or City of Kalispell which ever has
jurisdiction." Condition #6 will state that roads be
built to City standards rather than County. #3 shall
include review by City of Kalispell Public Works
Department.
The developers were asked if they had considered
clustering as an option to preserve open space.
Pasture land and open area exists in this area. Those
involved with the CPC process have indicated a desire
to maintain open space, and to prevent degradation of
open areas.
Motion. Fraser moved that report #FPP-94-03 be adopted as
findings of fact and recommend preliminary plat
approval with the conditions as amended. Bahr
seconded. Discussion followed.
A condition #15 was added to read: A cash -in -lieu of
parkland dedication would be required in the amount of
$8,333, which is 1/9 of the market value of $75,000
prior to improvements.
A modification to Condition #6: Certification by a
r11 professional engineer... that states that all roads,
including the access road, are built to City
standards..."
Fraser amended his motion to include condition #15 and
to amend #6. On a roll call vote, Bahr, Hodgeboom,
Fraser, DeGrosky, Sanders, Kennedy and Carlson voted
aye. Hash voted nay. The motion passed on an 8-1 vote
to recommend conditional approval of preliminary plat
for Lonepine View Estates Subdivision.
CARVER/OWENS The next agenda item was a request by Dennis Carver and
ZONE CHANGE Lum Owens to amend the West Side Zoning District by
SAG-10 TO R-4 changing the zoning on approximately 85 acres of land
from SAG-10 Suburban Agriculture to R-4 Two Family
Residential, according to the Flathead County Zoning
Regulations. The site is described as Assessor's Tract
4 in the NE4SE4 and W2SE4 of Section 19, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
Staff Report Parsons presented report #FZC-94-02. The subject
property is also included in the previously approved
Master Plan map amendment. The request was evaluated
in accordance with statutory criteria and based on
findings, staff recommended approval of the zone change
from SAG-10 to R-4.
Public Hearing The meeting was opened to those in favor of the
requested zone change.
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In Favor Jerry Begg, property owner in South Meadows, referenced
his letter of 1/25/94 submitted to the Board. He is in
favor of the zone change, but expressed concern that
the road between South Meadows and the proposed
development be able to handle increased traffic and
provide safe travel for kids.
Dennis Carver, one of the applicants, explained that
the sale of the property was contingent upon the zone
change. The property is adjacent to South Meadows
Subdivision and has the potential to create additional
single family residences. He is in favor of the zone
change.
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Opposition There were opponents to the zone change. Hearing no
further public input, the public hearing was closed and
the meeting opened to Board discussion.
Discussion The Board indicated a desire to see a contiguous zone
change of entire neighborhood to indicate a committment
to change the Master Plan to higher density, but were
in general agreement that the need for in fill
development.
Motion Lopp moved to adopt FRDO staff report #FZC-94-02 as
findings of fact and forward a positive recommendation
�..� to the County Commissioners to approve the zone change
from SAG-10 to R-4. Bahr seconded. On a roll call
vote, DeGrosky, Hodgeboom, Bahr,_ Fraser, Kennedy, Lopp,
Carlson, Sanders and Hash voted unanimously in favor of
the zone change.
OLD BUSINESS Fraser, as chairman of the transportation committee for
the Chamber of Commerce, referenced the Transportation
Plan in regards to priority projects. It was the
concensus of the Board that the projects were
prioritized as listed in the document. Fraser will
convey the same to the Technical Advisory Committee.
NEW BUSINESS The Board was informed that the March Planning Board
meeting is scheduled to have eight public hearings in
addition to the North Meridian Neighborhood Plan. The
Board opted to hold a special meeting for North
Meridian to be held on Tuesday, March 22 at 7:00 p.m.
ADJOURNMENT There being no further business, the meeting was
adjourned at 9:45 p.m.
CJ Therese Fox Hash, President Elizabeth Ontko, Recording Secretary
APPROVED: aw C�U%� 3 Z> %
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