12-08-92 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
DECEMBER 8, 1992
CALL TO ORDER
The regular meeting
of the Kalispell City -County
AND ROLL CALL
Planning Board and
Zoning Commission was
called to
order at 7:05 p.m.
Lopp, Fraser, Stephens, Kennedy,
DeGrosky, Ellingson
and Hash were present.
Sloan had
an excused absence.
Dominick was absent.
APPROVAL OF
The minutes for the
meeting of November 10,
1992, were
MINUTES
approved as written
on a motion by Kennedy,
seconded by
Stephens. All board members present voted
aye.
REQUEST FOR President Hash introduced a request by Elmer Sieler for
PRELIMINARY
preliminary plat approval of a 14-lot residential
PLAT APPROVAL-
subdivision at the southeast corner of Lower Valley and
GREEN TREE
Demersville Roads. The property is more specifically
.MEADOWS
described as being in the SW 1/4 of the NE 1/4 of
UNIT #2
Section 28, Township 28 North, Range 21 West, Flathead
County, MT.
Staff Report
Wood gave an overview of staff report #FPP-92-24. The
proposed subdivision is in an area which is presently
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unzoned, and is designated in the Master Plan for
"Suburban Residential" development. Public comment was
received in the office prior to the public hearing from,
residents of the existing Green Tree Meadows
Subdivision expressing concern about the adequacy of
the water system to serve the proposed subdivision. A
letter was -received from Environmental Health Services
which addressed the sewage treatment and water supply
systems. The staff is recommending approval of the
preliminary plat subject to the conditions in the
report, with an additional condition based on the
comments received from Joe Russell requiring that an
engineered drainage plan be reviewed and approved by
the State Environmental Health Department.
Public Hearing The meeting was opened to all those wishing to speak in
favor of the proposed subdivision.
In Favor Elmer Sieler, owner and applicant, spoke in favor of
the proposal, as it will provide housing for people
moving into the Flathead without the high density
problems found elsewhere such as on Meridian. The
development would be an asset to the community and
provide tax revenues.
Jay Billmayer, project engineer, gave some background
on the water system, which seems to be the' major
concern of the residents in Green Tree Meadows Unit #1.
The original subdivision was approved in 1982, with the
intent of extending the water system for future
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subdivision. This is the site of the old Demersville
Townsite, and all approvals for a 92-lot subdivision
were in place. These were not executed, however, and
thus expired. Mr. Billmayer explained the design and
capacity of the water system, and addressed the
internal road system.
Arnie Gothney, 1185 N. Meridian, spoke in favor of the
subdivision.
Susan Corbett, 25 Green Tree Drive, felt this
development would add value to the area.
Stan Lee, 30 Silver 'Leaf Drive, spoke in favor of
providing housing for those moving into the area.
Bill Holding, builder of Green Tree Meadows, and a
homeowner, is in favor of the subdivision.
Ronald Herzog, 27 Silver Leaf Drive, is in favor of the
development.
Steve Hughes, Silver Leaf Drive, spoke in favor.
Claire Martin, 29 Trails End Drive, is in favor of the
proposed subdivision.
Opposition Ralph Freeman, 44 Bar H Drive, is opposed to the
development because of the water situation, which is
inadequate for irrigation or fire protection for the
existing 81 lots.
Bill Cantrell, 45 Trails End Drive, stated that the
roads need to be paved.
Kathy Knoll, 53 Trails End Drive, was concerned about
the dust problem and the water system getting worse
with increased development.
Dorothy Gilbert, 69 Trails End Drive, feels the water
system is inadequate, and the existing subdivision
isn't yet full.
jean Pateras, 75 Silver Leaf Drive, is opposed to the
new development.
Frank Cate, 65 Trails End Drive, was opposed.
Mr. Pateras, 75 Silver Leaf Drive, was against the
development.
Discussion The Board had questions for Mr. Billmayer and Mr.
Sieler on (1) the capabilities of the water system, (2)
-the average housing cost, (3) the internal road system,
and (4) the membership requirements for the Homeowner's
Association. The Board determined that the proposal
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was substantially similar to a previously approved plat
with the same number of lots at this location.
After lengthy discussion, the Board agreed to change
and add to the conditions of the preliminary plat
approval as follows: Additions to condition #2, to
read, "That the proposed ... County design standards
and the cul-de-sac shall have a minimum radius of 45
feet. The road shall be named and signed with steel
posts. This condition shall be met prior to final plat
approval or a subdivision improvements agreement with
the County, guaranteeing construction of the road."
Addition to Condition #3, "That the community water
system ... The system owners shall approve, in writing,
of the water system extension." Condition #4a will be
stricken. Condition #4d, will add "...to be approved
by the Flathead County Health and Road Departments."
Change Condition #7 to read "That the applicant obtain
from ... " instead of "apply to". Condition #11 : The
developer shall have an engineered drainage plan
prepared and approved by the Flathead County Health
Department. Condition #12: The covenants for Green
Tree Meadows Unit #2 shall be equivalent to those
-recorded f or Green Tree Meadows, and shal 1 ref 1 ect each
condition of plat approval contained herein. Condition
#13: The South Kalispell Fire Department shall, in
(r� writing, approve of the tanker recharge facility prior
to final plat.
Motion Kennedy moved that Green Tree Meadows Unit #2
Subdivision Report #FPP-92-24 be adopted as findings of
fact with the attached 13 conditions as amended, to be
forwarded to the Board of Commissioners with a
favorable recommendation. Fraser seconded. The motion
passed unanimously.
REQUEST TO President Hash introduced a request by Greenbriar
ANNEX & ZONE Enterprises to annex to the City of Kalispell a parcel
DESIGNATION of land described as Assessor's Tract #6G in the NE 1/4
OF RA-1 / of the SW 1/4 of Section 12, Township, 28 North, Range
GREENBRIAR 22 West, P.M.M., Flathead County, MT. Concurrent with
the request for annexation the Commission will consider
a request by the applicant for a zoning designation of
RA-1, Residential Apartment. The property is currently
zoned R-1 Residential in Flathead County.
Staff Report Wood presented staff report #KA-92-5. The subject
property is located west of North Meridian and south of
Two Mile Drive, and is designated for "High Density
Residential" in the Master Plan. The single negative
impact of this proposal identified by this report, is
the increased traffic generated by full build -out of
the property. The staff is recommending approval of
the RA-1 designation upon annexation of the property
into the City of Kalispell. One letter was received in
the office protesting the RA-1 zone designation.
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Approximately eight calls were received expressing
concerns regarding the density of the proposed
development.
Public Hearing The meeting was opened to all those wishing to speak.in
favor of annexing the subject property into the City of
Kalispell.
David Greer, representing the landowners, pointed out
that this property is continguous to the ciW s RA-1
zoning designation, thus an RA-1 zone was requested
to alleviate spot zoning. This designation is in
conformance with the Kalispell City -County Master Plan.
The proposed development for single family residences
is an allowed use. He spoke in favor of the
annexation.
There being no other proponents, the public hearing was
opened to all those opposed to the annexation.
Jay Billmaye-r, a landowner in the area, enjoys a rural
setting and is happy with the county R-1 zone. He is
opposed to the higher density zone change. He
suggested using Spring Creek as a natural boundary to
retain the character of the neighborhood.
Michael Britton, 490 Two Mile Drive, is opposed to the
RA-1 designation. He suggested the lot size fit in
with the county R-1 zoning classification.
Kathryn Britton, 490 Two Mile Drive, has no problem
with the proposed development, but is opposed to the
RA-1 zone.
Fred Longhart, 92 Country Drive, is opposed to the high
density proposal of RA-1 zoning. He expressed his
concern about the increased traffic as a result of the
development. He submitted petitions with 51 signatures
opposed to the RA-1 zone designation.
Mark Mailey, 524 Two Mile Drive, is against the high
density zoning of RA-1, and would like to see it remain
R-1.
Lori Angus, Two Mile Drive, is opposed to the RA-1
zone. She would support an R-3 zone.
Toby Schule, 52 Konley Drive, is opposed to the density
of the proposed development.
Rex Boller, 25 blest View Drive, is opposed to multi-
family zoning in the area.
Pat Maley, 524 Two Mile Drive, is against the RA-1.
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Jan Brigham, 611 Two Mile Drive, is opposed to the
n density of the proposal.
Cynthia Schule, 52 Konley Drive, is opposed to RA-1.
Andy Young, principal of Russell School, expressed his
concern regarding the increase in pedestrian and
vehicle traffic as a result of the high density
development.
Peter Skoal, 49 Konley Drive, was also concerned with
an increase in pedestrian traffic and the high density.
There being no further public comment, the public
hearing was closed.
Discussion Board discussion ensued on spot zoning and concerns of
designating an RA-1 "Multi Family" zone to a transition
area between a rural neighborhood and a high density,
multi -family. The range of zoning classifications and
lot sizes were discussed, with relation to the Master
Plan.
Ellingson made a motion to recommend an R-3 zone
designation to the subject property upon annexation
into the City. Stephens seconded. Stephens, Kennedy,
and Ellingson voted ave. Hash, Lopp, DeGrosky, and
Fraser voted nay. The motion was defeated with a 3-4
vote.
DeGrosky made a motion to approve the annexation_
recommending an R-2 zone designation. Lopp seconded.
Fraser, Stephens, DeGrosky, Lopp, and Hash voted aye.
Kennedy and Ellingson voted nay. The motion carried
with a 5-2 vote.
REQUEST FOR Hash introduced a request by Greenbriar Enterprises for
PRELIMINARY preliminary plat approval of a 54-lot residential
PLAT APPROVAL- subdivision on Assessor's Tract #6G, an 18.18 acre
GREENBRIAR parcel of property in the NE 1/4 of the SW 1/4 of
SUBDIVISION Section 12, Township 28 North, Range 22 West, Flathead
County, MT. The property is generally located south of
Two Mile Drive at its intersection with Spring Creek.
Staff Report Staff report #KPP-92-3 was prepared based on an RA-1
zone designation, therefore Mr. Wood suggested that the
preliminary plat be reveiwed after City Council has
considered the annexation and zoning recommendation of
R-2. Staff made a recommendation for denial of the
preliminary plat proposal, in light of the R-2 zone
designation which changes the density requirements. It
was determined after much Board discussion to hear
public comment even though the preliminary plat
proposal is inappropriate to the density requirements.
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Public Hearing The meeting was opened to all those wishing to speak in
favor of the subdivision as proposed.
In Favor William Ast1e, owner of the property, spoke in favor of
the proposal and requested that the report be forwarded
to the City Council.
David Greer, professional planner for the project,
designed the development to fit the lay of the land, as
well as taking into account the existing land uses, the
Master Plan and the transitional character of this
interface between rural R-1 and high density RA-1. The
development is planned to fit an R-3 single family
criteria, however, the applicants chose to request RA-1
zoning to eliminate the possibility of spot zoning. He
spoke of the merits of the proposal and feels it is the
best use of the property.
Michael Britton, 490 Two Mile Drive, spoke in favor of
this well designed subdivision. He voiced concern that
this development could pay itself out.
Kathryn Britton, 490 Two Mile Drive, thought this a
very good plan, and felt that by reducing the density,
it would scotch the whole plan.
Opposition The meeting was then opened to all those in opposition
to the proposed subdivision.
Fred Longhart, 90 Konley Drive, voiced concern on
traffic safety and increased development.
Martin Bailey, 494 Two Mile Drive, is opposed to the
subdivision and pointed out that traffic is very
dangerous, especially during the fair.
Andy Young, principal of Russell School, focused his
comments on the increased pedestrian traffic and the
need for an improved road.
Harvey Stalk, a teacher at Russell School, emphasized
the concern with traffic safety.
Pam Mai ley, 520 Two Mile Drive, testified to the danger
of children drowning in Spring Creek.
Tony Schule, 52 Konley Drive, was opposed to the
density of the subdivision and the problems of
increased traffic danger.
There being no further comment, the public hearing was
closed.
Discussion DeGrosky expressed concern that the Board be consistent
regarding streambank protection. Mr. Greer showed
slides of Spring Creek. DeGrosky made a motion to
amend Condition #5b of report #KPP-92-3 to read "thirty
(30) feet" from the centerline, instead of twenty (20)
feet. Lopp seconded. All members present voted aye.
Lengthy discussion on the recurring issues of traffic
safety, burdens on the school system, and how to insure
that all improvements be built.
Motion Ellingson made a motion to adopt report #KPP-92-3, and
recommend approval of the findings of fact with the
following amendments: #3. That all structures and lot
sizes comply with the bulk and dimensional requirements
of the City of Kalispell's R-2 zone district. #12.
That the subdivision can be built in phases. All
improvements not in place at the time of the final plat
shall be included in the subdivision improvement
agreement entered into between the developer and the
City of Kalispell. Lopp seconded. Lapp, Stephens,
DeGrosky, Ellingson, and Hash voted aye. Kennedy and
Fraser voted nay. The motion carried with 5-2 vote.
REQUEST FOR Hash introduced a request by Heather Brigham for a
CONDITIONAL Conditional Use Permit to operate a Bed and Breakfast
USE PERMIT / facility in a residence located at 205 Fifth Avenue
BRIGHAM BED East, The property is more particularly described as
& BREAKFAST Lot 12.of Block 193, Kalispell Addition No. 2.
Staff Report This request has been heard by this Board once before,
however there was an error in notifying adjacent
property owners, therefore another public hearing is
required. The request has been modified to provide
four guest rooms instead of five. The parking
situation is specifically addressed in condition #14.
The staff is recommending approval of the conditional
use permit subject to the fifteen (15) conditions
setforth in the report. The office has received two
phone calls expressing concern about the traffic in the
alley and the parking situation. Two letters were also
received in the office, raising additional concerns
regarding excess garbarge and whether guests" pets will
be allowed.
Public Hearing The meeting was opened to all those wishing to speak in
favor of granting the conditional use permit.
David Greer, representing the applicant, apologized to
the Board for the error in notifying the adjacent land
owners. He magnified the historical interests of the
house, and noted that the standard conditions are put
in place to protect the neighborhood integrity. He
addressed the neighbors' concern about the parking in
the rear, and submitted two parking designs to the
Board. A parking variance is an option to solving the
problem. In response to the issue regarding guests"
pets, he suggested that a kennel could be an additional
condition.
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Opposition Margaret Batkin Banning, owner of the property directly
behind the subject property, spoke in opposition of
granting the conditional use permit allowing a Bed &
Breakfast. Traffic is heavy at this intersection at
certain times of the day. Parking is inadequate for
guests, and she voiced her concern that cars would back
onto or park on her property. There is no stairway
accessing the second floor of the building, so is
concerned with guests walking around from the rear
parking to the front entrance.
Rita Johnson, 539 Third Street East, voiced concern
about increased traffic and dust in the alley.
Laney Hanzel, lives next door to the subject property,
and the two properties are in close proximity to each
other, with only four (4) feet between them. He is
concerned with the noise, and the fact that there is no
access from the back of the house. There is a problem
with access into the alley as it is very steep, so
traffic would have to be routed to the south end of the
al"lev.
Harvey Stock, 221 Fifth Avenue East, has the same
concerns as Mr. Hanzel. Parking is inadequate and
guests will probably use the street in front of his
home, as well as the full length of the alley for
access, due to the steep entrance off of 2nd Street.
M. K. Johnson, 539 Third Street East, opposed the
conditional use permit because it represents a
commercial business invasion into a single family
residential zone. He noted it is not unusual to deny
a conditional use permit based on increased traffic, or
being inconsistent with the character of the
neighborhood. He cited from the Kalispell Zoning
Ordinance examples for denying the conditional use
permit. The points brought up were whether a
commercial enterprise is a harmonious development in a
residential neighborhood, he had aesthetic objections,
was there handicapped parking, and he felt it an
adverse impact on property values.
Hearing no further public input, the public hearing was
closed.
Discussion Lengthy Board discussion covered the'parking issue, and
the side or back door entrance. The Board agreed that
a Bed & Breakfast is not a motel, that the traffic and
noise would be minimal.
Kennedy made a motion to accept Conditional Use Permit
#KCU-92-7 as findings of fact and recommend granting of
the permit with the 15 conditions. DeGrosky seconded.
Kennedy and Hash voted aye. Lopp, Eraser, and Stephens
voted nay. DeGrosky and Ellingson' abstained from
voting. The Board recommends denial of the conditional
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use permit by a 2-3 vote.
( OLD BUSINESS There was no old business.
NEW BUSINESS Under new business, the most recent Kalispell Zoning
ordinance was issued March 19, 1992. At the request of
the City Council, there will be some language changes
in the ordinance regarding changes in setbacks in
commercial zones, and parking setbacks. As a result of
the Flathead Industries zone change denial, the
procedure for zone changes will be clarified.
After discussion on procedures, Mr. DeGrosky wanted the
record to reflect that his vote on the Brigham Bed &
Breakfast should be a "nay" rather than "abstain".
Jim Stephens announced that he was stepping down from
the Board.
Brian mood tendered his resignation. Tom Jentz will be
the Kalispell planner.
ADJOURNMENT The meeting was adjourned at 11:45 p.m.
APPROVED: GC:O
Lk-
Therese Fox Hash, President Eltzeeth Ontko, Recording Secretary
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