01-12-93 Planning Boardi
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
JANUARY 12, 1993
CALL TO ORDER The regular meeting of the Kalispell City -County
AND ROLL CALL Planning Board and Zoning Commission was called to
order at 7:07 p.m. All appointed Board members were
present. There were approximately 35 members of the
public in attendance.
APPROVAL OF The minutes of the December 8, 1992 meeting were
MINUTES approved as written on a motion by Kennedy, seconded by
Fraser. All members voted aye.
ELECTION OF
New members were welcomed to the Board. New members
OFFICERS &
appointed to represent the City are Mike Conner and
MEMBER -AT-
Walter Bahr. Milt Carlson is the new County appointee.
LARGE
Therese Fox Hash was reappointed by the Commissioners.
Elections were held for officers. Therese Hash was
nominated for President on a motion by Kennedy,
seconded by Fraser. All members voted aye. DeGrosky
moved to nominate Robert Lopp as Vice -President.
Fraser seconded. The vote was unanimously in favor.
There were five applicants interested in the member at
large position on the Board: Jack Fallon, Thomas Marz,
Jeff Ellingson, Jerry Schnell, and Leo Evans. Kennedy
made a motion to nominate Jeff Ellingson as member at
large. Lopp seconded. There were no other
nominations. All members voted aye. This appointment
must be confirmed by the City Council and the Board of
Commissioners.
REQUEST FOR The next item of business was a request by Glacier
ZONE CHANGE Wholesalers, Inc. to amend the Evergreen Zoning
B-3 TO I-1 / District Map from B-3 General Business to I-1 Light
GLACIER Industrial for three tracts of land generally located
WHOLESALERS on the south side of West Reserve Drive just west of
the LaSalle intersection. The land is currently
occupied by Glacier Wholesalers and by Lilienthal and
Schuman Insulation Company.
Staff Report Staff report #FZC-92-11 was presented by Jentz. The
statutory criteria for a zone change was outlined.
Staff is recommending that the zone change request from
B-3 General Business to I-1 Light Industrial be
granted. Lapp asked if Tract 5BA would become an
island of B-3 zoning. This tract is currently a
nonconforming use as a single family residence,
surrounded by commercial uses.
Public Hearing David Greer, spoke on behalf of the applicant, in favor
of the zone change. Glacier Wholesalers is presently
a nonconforming light industrial use in a business
zone. They desire to expand and thus the request for
1
,l a zone change, which is in conformance with the Master
Plan.
There being no further comment, the public hearing was
closed.
Discussion The Zoning Commission encouraged the staff to contact
the owners of Tract 5BA to try to bring them into the
I-1 zone designation, thus eliminating a spot zone.
Motion Kennedy moved to adopt FRDO Report #FZC-92-11 as
findings of fact and to forward a favorable
recommendation to the Board of County Commissioners for
a zone change request from B-3 to I-1 with the staff
also trying to bring in Tract 5BA. Lopp seconded. The
motion was carried with a unanimous vote in favor of
the zone change.
REQUEST FOR
The next
item
to be heard was a request by Kalispell
ZONE CHANGE
Athletic
Club
to amend the
Evergreen
Zoning District
B-1 TO B-3 %
Map from
B-1
Neighborhood
Business
to B-3 General
KALISPELL
Business
for
the tract of
land at
770 West Reserve
ATHLETIC CLUB
where the
athletic club is
presently
situated.
Staff Report Jentz presented an overview of the applicant's request
for a zone change from B-1 to B-3, with limitations.
it should be noted, however, that the County Attorney's
office has indicated that this method' of modifying a
zone is not appropriate. The staff has found the zone
change request fails to meet a majority of necessary
statutory criteria and is recommending denial. The
office has received one letter, and Mr. Jentz has met
with one property owner, in opposition to the zone
change. Staff has offered an alternative to the
applicant, wherein an athletic facility could be a
conditional use in a B-1 zone. The present use is
presently nonconforming. A B-3 zone designation would
constitute spot zoning, and an intensive commercial
development in this area is discouraged by the staff
and Master Plan.
Public Hearing
In Favor Lee Kaufman, attorney representing the applicant, spoke
in favor of the zone change request. He introduced his
client to the Board.
Stan Watkins, property owner and applicant, explained
his design plan for the proposed expansion of the
business. He addressed the two major complaints of the
neighborhood: the parking on County Way and the tennis
bubble. He proposes to eliminate the parking on County
Way and move to West Reserve, and take down the bubble.
He spoke in opposition to having to apply for a
conditional use permit every time he wants to expand
and modernize the business. He felt a B-1 zone is too
restrictive, and he was unable to compete. He turned
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the presentation over to Mr. Kaufman.
Lee Kaufman passed out a memorandum and covenants to
the Board. After outlining the history of the club, he
addressed legal aspects justifying the proposed zone
change. He conceded that "contract zoning" (i.e.
zoning with restrictions) is illegal throughout the
United States, however there are cases when it has been
upheld, as cited in his memorandum. He took issue with
the staff report, arguing that a B-3 zone with
restrictions would protect the neighborhood, and would
not allow all the obnoxious uses permitted in a B-3
General Business zone. He felt that applying for a
conditional use permit under a B-1 zone was unfair. He
argued that no other properties along West Reserve
would apply for a B-3 zone change, that there was no
viable, logical or justifiable reason that this zone
change would open up the area to B-3 development. He
urged the Board to grant the zone change with
conditions as setforth in the covenants, enforceable by
the County.
Greg Bain, 674 Country Way, is in favor of the
improvements to the Kalispell Athletic Club, by
improving the parking situation and taking down the
�J tent. He would like to think the restrictions would
work, however, is opposed to the zone change.
Opposition Trudi Shjeflo, resident of Country Village, read a
letter to the Kalispell City -County Planning Board,
outlining their adamant opposition to the proposed zone
change. The letter was submitted to the record.
Pete Skidsrud, 652 Country Way North, is in favor of
the expansion, but is concerned that a liquor license
is requested.
Duane Carlin, Country Way, is also in favor of the
expansion, but is opposed to the liquor license, and
suggested that parking be totally eliminated off of
Country Way.
Nancy Coyner, Country Way, is against a liquor license
for a health club.
Lyle Lindsay, 547 Country Way, is against the zone
change, but is in favor of the expansion. He wants to
remain good neighbors.
Robert Christofferson, 548 Country Way, expressed
opposition to the B-3 zoning, and understood that a 10
acre minimum lot size was required for B-3. He was
very concerned about the run-off from the paved parking
lot and tennis courts with its close proximity to the
Stillwater River.
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Doug Shjeflo, 728 Country Way, supports Mr. Watkins'
plan, but is opposed to the zone change. He addressed
a number of the neighborhood's concerns: (1) that
although the plan is elaborate, there are no guarantees
that it has to be carried out under a B-3 zone
designation. They do not want liquor served in the
neighborhood. Perhaps an ever -changing business is not
appropriate in a neighborhood. (2) Sewage and storm
water run-off is a concern. (3) Enforcement of
covenants cost money, therefore are not upheld. (4)
Traffic congestion and inadequate parking is a concern
no matter what the zone is. (5) The applicant bought
the property with a full awareness of what the zoning
was. This is not a new issue.
Richard Zaumt, Lot 3 Country Village, is adamantly
opposed to the zone change. Changing the zone opens
the door to things we don't want and will regret.
John Babb, 636 Country Way North,. is in favor of the
expansion under a B-1 zone, but is against changing to.
a B-3, as the neighborhood will lose all its rights.
B.J. Lupton, 704 Country Way, feels strongly to
unencumber the expansion of business, but is opposed to
a B-3 zone. A B-3 zone was not part of the buy -sell
agreement when property owners bought homes in this
area, but, if this B-3 zone change happens, he would
like to hire Mr. Kaufman to get his property zoned for
General Business. If a case can be made for B-3 spot
zoning, this Board will be hearing requests from all
property owners along West Reserve Drive.
There being no further comment, the public hearing was
closed.
Discussion Board discussion focused on the applicant's option to
obtain a conditional use permit, the process and
procedure. A text amendment would be required to
incorporate athletic facilities as a conditional use in
a B-1 zone. As a conditional use, the plan design
would be scrutinized and goes through the public
hearing process before the Flathead County Board of
Adjustment. An athletic facility is a broad and
encompassing term, and does not require a minutely
detailed list of uses.
DeGrosky pointed out that conditions cannot be put on
a zone change, however felt the covenants were a novel
approach to the situation. Discussion followed on
whether the County has authority to enforce covenants.
Lopp noted that a zone change applies to the property
independent of property owner, developer or whomever.
A zone change on a single piece of property constitutes
spot zoning. The Board concurred. We are not
4
Capproving or recommending a particular project, we are
reviewing a zone change and all the potential uses that
go along with it.
The Board agreed that the design was a good one,
however the request for a B-3 zone was not in
conformance with the Master Plan.
Motion Kennedy made a motion to adopt the findings of fact in
FRDO Report #FZC-92-10 and recommend denial of the zone
change request to B-3. Lopp seconded. The motion was
passed unanimously.
The next two items on the agenda were combined to be
heard together. Board members Michael Fraser and Milt
Carlson excused themselves from the Board due to
conflict of interests on this matter.
REQUEST FOR A request by the Mitchell/Swoish Partnership for
PRELIMINARY preliminary plat approval of Juniper Bend, a major
PLAT APPROVAL/ subdivision consisting of 16 townhouse duplexes (32
JUNIPER BEND units total) and common areas on approximately 12.9
acres of property generally located between Grandview
Drive and the Stillwater River immediately north and
west of the Buffalo Hills Golf Course. Preliminary
plat approval was granted for a 26-unit townhouse
design this fall. The applicants are now asking
permission to increase the density by 6 townhouse
units.
REQUEST FOR A request by the Mitchell/Swoish Partnership for a
CONDITIONAL Conditional Use Permit to allow the cluster development
USE PERMIT / concept for a 32-unit townhouse development on property
JUNIPER BEND zoned R-3. The property is located between Grandview
Drive and the Stillwater River immediately north and.
west of the Buffalo Hills Golf Course.
Staff Report Jentz presented an overview of FRDO reports #KPP-92-1A
and #KCU-92-8A. The current application is a request
to amend a previously approved preliminary plat for 26
townhouse units, to accomodate 32 townhouse units. The
issues identified for concern relate to the need to
protect the steep slopes above the river and
undesirable development in the homeowner's recreational
park, which is in the floodplain. Jentz explained the
subdivision regulations and discussed the steep
breaking nature of the slopes with relation to the
design. He stated that lands in excess of 20% slopes
are not suitable for development according to the City
Subdivision Regulations, unless hazards are mitigated.
Five of the six housing units along the east bank are
in the 50% slope range, and need to be redesigned.
Public Hearing Dan Mitchell, partner in the Juniper Bend project,
noted that this is the second time the Board has had a
chance to scrutinize the plan.
5
Doug Kaufman, representative with Thomas, Dean &
Hoskins, engineers for the project, addressed some of
the conditions. Under condition #4, they asked to be
excluded from putting in curb and gutter in
anticipation of Grandview Lane being upgraded. For
condition #8, he would like to have it changed to read
"for disturbed areas only". He spoke in favor of
allowing a pavillion and bathroom facility in the
homeowner's park. In response to condition #15
addressing the steep slopes, he argued that a new
design plan could remedy the problem of building on
steep slopes.
Mr. Mitchell, pointed out that the homeowner's
recreational area is in excess of two acres, and he
felt there was enough room to put in a restroom
facility. He explained the developer's intentions for
the area, which includes sanitary facilities.
Fred Hagel, 90 Grandview Lane, is in favor of the
development. He wanted to know who was responsible for
paving the road.
Hearing no further comment, the public hearing was
closed.
Discussion DeGrosky asserted that #14 is a valid concern. He
would like to see condition #17 and #18 from the
previous plat approval, be added as follows: #17 - In
consultation with the Soil Conservation District,
developer shall restore and maintain the streamside
management zone extending no less than 25 feet from the
high water mark of the Stillwater River in the
homeowner's recreation area. Said zone shall contain
native vegetation. #18 - The developer shall provide
an engineer's plan to mitigate temporary run-off into
the Stillwater River during construction,of
the entire
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Discussion ensued on the pavillion/sanitary facility in
the homeowner's park located in the floodplain,
resulting in allowing "... a noncombustible, open
structure... with no sanitary/sewer facility allowed."
There was considerable discussion on condition #15
regarding the steep slopes. The Subdivision
Regulations read that slopes in excess of 20% are
unsuitable for development unless impacts can be
mitigated. Lopp questioned the liability of allowing
development on 50% slopes. The language for condition
#15 was amended to read "...no structures should be
built on or encroach into any area in excess of 20 0
slope unless a mitigating plan is presented to and
approved by the Site Plan Review Committee." Drop the
rest of the language in #15.
10
Motion Lapp moved to amend condition #15 as discussed. Bahr
seconded. The motion carried with a 5-1 vote, Lopp,
Conner, Bahr, Kennedy, and DeGrosky voted aye. Hash
voted nay.
Motion DeGrosky moved to restore conditions #17 and #18 as
approved at the previously approved plat with regard to
streamside restoration, and to amend condition #8 to
"stabilize and protect the disturbed areas, including
those on the steep slopes". Kennedy seconded. (#17 -
In consultation with the Soil Conservation District,
the developer shall restore and maintain a streamside
management zone extending no less than 25 feet from the
ordinary high water mark of the Stillwater River in the
area of the homeowner's recreation area. Said zone
shall be revegetated.with native trees. #18 - The
developer shall provide an engineer's plan to mitigate
erosion from temporary run-off into the Stillwater
River during construction of the entire project.)
Board discussion followed on this spring's erosion
potential from clearing of vegetation which has already
taken place. All Board members voted in favor of
including these conditions.
Motion Kennedy made a motion to amend condition #14 to
indicate that there can be a covered pavillion,
��--J noncombustible open structure with no sanitary
services. DeGrosky seconded. Lopp, Kennedy, Bahr,
DeGrosky and Hash voted aye. Conner voted nay. The
motion carried with a 5-1 vote.
Motion Lopp made a motion to adopt the findings of fact in
FRDO report #KPP-92-1A and recommend approval subject
to the attached condtions, as amended. Bahr seconded.
Bahr, Kennedy," DeGrosky, Lopp, and Hash voted in favor.
Conner voted in opposition. The motion carried with a
5-1 vote.
Motion Kennedy moved to adopt the findings of fact and grant
conditional use permit #KCU-92-8A subject to the three
conditions set forth. Lopp seconded. The motion
carried on a 6-0 vote.
REQUEST FOR Hash introduced a request by Doris Collison on behalf
CONDITIONAL of Trinity Lutheran Church for a conditional use permit
USE PERMIT / to operate a 50-child Day Care Center within the
TRINITY existing residence at 486 Third Avenue WN in Kalispell.
LUTHERAN CHURCH
Staff Report Jentz presented report#KCU-92-9, recommending approval
of the conditional use permit with 9 conditions as set
forth in the report. One letter from Bonnie Taylor-
Motichka, 431 N. California, was received in the office
in opposition to the proposed day care center. A taped
statement was also submitted by the same person, which
was played for the Board. Her major concerns were the
7
increased traffic, pollution and too many children.
Public Hearing Doris Collison, the applicant, spoke of the need for a
child care center. She noted that many of the children
are already attending the Christian school, and
outlined some possible solutions to the traffic
problem.
Ardelle Hansen, 373 W. Washington, spoke in opposition
to increased traffic in the alley, with more dust. She
noted that whether they are supposed to or not, people
do use the alley as a shortcut.
There being no further public comment, the hearing was
closed.
Discussion Traffic flow patterns around the school, paving
requirements, and dust abatement in the alley were
discussed. It was noted that not all 50 children would
be in attendance at the same time. An operation of
this nature is subject to all state and federal
regulations, and subject to approval by the Site Plan
Review Committee.
Motion Kennedy made a motion to adopt the findings of fact in
report #KCU-92-9 granting the conditional use permit
subject to the attached recommendations, with an
addition to condition #5, "...applicants shall submit
to the Kalispell Site Plan Review Committee a paving,
landscaping, parking and traffic curculation plan, and
a dust abatement plan for the alley, for approval..."
Bahr seconded. The vote was 8-0 in favor of granting
the conditional use permit.
CONSIDERATION The next item on the agenda was consideration_ of a
OF AMENDMENTS series of amendments to the recently adopted Kalispell
TO KALISPELL Zoning Ordinance #1175 addressing issues which have
ZONING arisen over the past year, such as reducing the
ORDINANCE building and parking setbacks on side corner lots in
the R-5 and commercial zones, revisions to the public
hearing procedures for zone changes at the City Council
level and clarification of procedures for conditional
use permits. In addition, editorial and administrative
changes that need to be made will be considered.
Staff Report Jentz passed out a memorandum describing amendments to
the Kalispell Zoning Ordinance which Mayor Rauthe has
requested be reviewed.
Public Hearing Brian Wood, City of Kalispell, explained the adjustment
in the fee schedule for a variance. A memorandum was
distributed. The difference in fees between FRDO and
the City were discussed.
Motion Fraser made a motion to recommend to City Council that
the fee for a Kalispell. variance application be $175.
R
Lopp seconded. The vote was 8-0 in favor to increase
the fee.
Wood passed out a second memorandum addressing Section
27.24.070 of the City Zoning Ordinance (Sign Area
Allowance), suggesting a language change clarifying the
intent of the sign ordinance. The language change has
been reviewed by the City Attorney.
Motion Kennedy made a motion to recommend to the City Council
that Section 27.24.070 be amended to "...include all
conforming and nonconforming signage... " Carlson
seconded. The motion carried unanimously.
Motion Kennedy made a motion to recommend changing Section
27.37.010 Definitions (211) Sexually Oriented Business
(c) deleting the word "regularly" in the definition,
addressing only item #4 in Jentz' memorandum to the
Board. Lopp seconded. The motion carried unanimously.
Kennedy made a motion to favorably recommend to City
Council an amendment to Section 27.26.140, deleting
subsection 3 and renumber following sections
accordingly, as it is a repeat of subsection 1. Bahr
seconded. The motion carried with a 8-0 vote in favor.
Kennedy made a motion to continue discussion regarding
the remaining suggested amendments. Fraser seconded.
The motion was unanimously passed to continue
discussion on items #2 and #3 of Jentz' memorandum.
OLD BUSINESS No old business.
NEW BUSINESS No new business.
ADJOURNMENT The meeting was adjourned at 11:35 p.m.
APPROVED: CM 04"VW40
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Therese Fox Hash, President lizabe h. Ontko, Recording Secretary
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