03-09-93 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
MARCH 9, 19 9; 3
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 Board members were present.
There were approximately 32 members of the public in
attendance.
APPROVAL OF The minutes of the February 9, 1993 meeting were
MINUTES approved as written on a motion by Fraser, seconded by
Kennedy. All members voted aye.
REQUEST FOR
Jeff Ellingson excused himself from the Board due to a
ZONE CHANGE /
conflict of interest on the first item for
B-1 TO B-3 /
consideration, which was a request by Ron and Sharon
DeMEESTER
DeMeester on behalf of the Great Falls Coca Cola
Bottling Company to amend the Kalispell Zoning Map from
B-1 Neighborhood Business to B-2 General Business for
a tract of property located at 451 North Main. The
property presently contains the Coca Cola Bottle Plant.
Staff Report
Jentz presented staff report #KZC-93-1, reviewing the
request for a zone change from a B-1 to B-2. Jentz
defined these substantially different zoning
designations, explaining staff concerns with this
request. The intent of the applicant is to have a
quick -stop copy shop, however, the Zoning Commission
must look at the entire range of allowed uses in a B-2
zone adjoining a residential area, in maintaining the
neighborhood integrity, and the legal issue of spot
zoning for the convenience of a single property owner.
One letter was received in the office from Robert
Winter, 454 N. Main, opposed to the zone change.
Several phone calls were received in opposition to the
requested zone change.
Public Hearing No one spoke in favor of the zone change.
In Favor
Opposition Kit Hunter, representing Shelby Nash Hunter, 460 1st
Ave. EN, is opposed to the zone change. The
implications of a B-2 zone are too vast. They will
support a conditional use permit in a B-1 zone for a
copy shop.
�1 Don Wilder, 480 1st Ave. EN, is opposed to zone change.
J Tom Hope, 486 1st Ave. EN, is opposed to zone change.
Steve Heller, 454 1st Ave. EN, is opposed to zone
change, but supports the use as a conditional use in a
B-1 zone.
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Sharon DeMeester, the applicant, explained the
difficulty they have had in finding suitable property
for their copy shop, the time constraints they were
working under, and the reason for requesting a zone
change. Alternatively, she is requesting a text
amendment to get a conditional use permit.
Richard Walker, representing the applicant, 909 1st
Ave. E., spoke in support of pursuing a conditional use
permit in the existing B-1 zone. After conferring with
the neighbors, Brian Wood and Glen Neirer, he feels
this route is in the best interests of all concerned
parties. The proposed use would be more compatible
than the existing use, for the neighborhood.
Linda Collins, Coldwell Banker, representing Coca Cola
Company, supports the DeMeester's desire to obtain a
conditional use permit for the property, as Coca Cola
wants to move from that location, as well.
Jeff Ellingson, 871 1st Ave. EN, represents Rick
Walker. He had conferred with Glen Neirer and felt
that procedurally, the alternative request to the zone
change was acceptable.
There being no further comment, the public hearing was
Uclosed, and the meeting opened to Board discussion.
Discussion Discussion focused on the procedure and legal
ramifications of consideration and action on -the
applicant's most recent request for a text amendment
allowing a copy/print shop as a conditional use in a
B-1 zone designation. Brian Wood, reported on his
conversation with Glen Neirer. He indicated that the
Board has the power and ability to make a
recommendation to amend the text in lieu of
recommending a zone change. The question was raised as
to whether another public hearing should be held to
consider the text amendment. It was determined that a
public hearing could be held at City Council, where
final action will be taken.
Motion Kennedy made a motion that FRDO report #KZC-93-1 be
accepted as findings of fact, recommending denial of
the zone change from B-1 to B-2. Further, that the
Board recommend to the City of Kalispell, that a text
amendment to the Kalispell Zoning Ordinance, be made to
allow a copy/print shop as a conditional use in a B-1
zone. Bahr seconded. Further discussion followed. If
the Council approved the text change, the applicant
1 would then have to appear before this Board to obtain
the conditional use permit. By 8-0 roll call vote, the
motion carried to deny the zone change and to recommend
a text amendment allowing a print/copy shop as a
conditional use in a B-1 zone.
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REQUEST FOR
Hash introduced a request by Frank Strickland for a
`- CONDITIONAL
conditional use permit to construct a 4-6 unit
USE PERMIT /
residential townhouse building on each of the 19 lots
GATEWAY
within the proposed Gateway Orchard Villas Subdivision.
ORCHARD VILLAS
The project would encompass a total of 88 units. The
property is located at the south end of Glenwood and
generally lies north _of Two Mile Drive, east of
Hawthorne, and West of North Meridian within the city
of Kalispell, and contains 8.3 acres. Mike Fraser
excused himself from the Board due to conflict of
interest.
Staff Report Jentz presented staff report #KCU-93-1. This project
came before this Board last month where preliminary
plat approval was granted for the 19 lot subdivision.
The applicant is now requesting a conditional use
permit to construct multi -family units. The most
current design is based on Glenwood Drive being
extended through to Two Mile Drive. Jentz explained
the design, pointing out those features which staff is
requesting revision of. Staff is recommending approval
of the conditional use permit, subject to the 10
conditions set forth in the report, with a wording
change to condition #2 -- crossing out the word "all
[conditions]" and replacing it with "[conditions] 2, 4-
6 and 8-11". These conditions pertain specifically to
design standards in the preliminary plat.
Public Hearing The meeting was opened to all those wishing to speak in
In Favor favor of the conditional use permit.
Doug Kaufman, engineer for T,D & H, representing the
applicant, addressed Condition #8, requesting cross -
easements for that lot, rather than redesigning the
structure. The parking can be redesigned.
Rich DeJana, attorney representing Frank Strickland,
commented on the problems to the issuance of building
permits, which Jentz solved in condition #2. He then
passed out a proposed additional condition for
consideration by the Board, stating that his client is
requesting permission to build apartments,
condominiums, or townhouses, and that the start of
construction not be tied to the filing of final plat.
Hearing no further comment, either in favor or in
opposition to the requested conditional use permit, the
public hearing was closed.
Discussion Concerns were raised on increased vehicle and
pedestrian traffic, parking congestion, the high
density of the development, and a lack of green space.
Discussion followed. The topic of cross -easements and
lot design were also discussed, at length.
The Board discussed Mr. DeJana's proposed addition to
3
the staff report, and agreed to accept the concept put
forth and incorporate into the staff report as an
introduction to the conditions.
Motion DeGrosky moved to accept report #KCU-93-1 as findings
of fact, and forward an affirmative recommendation with
the following changes: using Mr. DeJana's concept as
an opening statement; that condition #2 be reworded to
read "...conditions 2,4-6 and 8-11...", and modify that
condition to read "not to preclude issuance of a
building permit"; amend condition #5 to preclude
recreational vehicle parking, and have that reflected
in the covenants. Ellingson seconded. The motion
carried on an 8-0 vote in favor of granting the amended
conditional use permit.
HIGHWAY 93 Hash introduced a proposal to extend I-1 Light
SOUTH Industrial Zoning based on the Flathead County
NEIGHBORHOOD Comprehensive Zoning Ordinance, with an overlay zone of
PLAN PROPOSAL performance standards based on the proposed Highway 93
South Neighborhood Plan, to an area generally lying
south of Kalispell along U.S. Highway 93 South. The
area would be bordered on the north by Cemetery Road
and Lower Valley Road, and Ashley Creek on the south.
The area would extend 1/4 mile east of the highway and
up to 1/2 mile west of the highway.
`-� Staff Report A public hearing was held at the February 1993 Planning
Board meeting regarding the Highway 93 South
Neighborhood Plan. Jentz gave an overview of the draft
performance standards, based on input from that meeting
and comments from the Kalispell Site Plan Review
Committee.
Public Comment The meeting was opened to public comment.
Dave Greer, representing the landowners involved with
the Highway 93 South corridor, addressed the proposed
draft regulations. He assured the Board that the
landowners agreed to this overlay zone which will apply
stricter standards than what is required in other I-1
zoning districts, and will apply to the truck by-pass,
when that goes through, to disallow commercial strip
development. He went on to outline the landowners'
concerns with the draft standards regarding permitted
uses, conditional uses, setback requirements,
landscaping, building design, signage, and the
requirement for environmental assessments. He pointed
out that the surrounding areas will not be subject to
performance standards, however the landowners are still
supportive of this process.
�J
Tom Little, Snowline Tree Company, spoke for the
landowners in the Highway 93 South corridor, stating
they are in agreement with performance standards that
are as good as they can live with. He addressed those
�J!
standards which he felt pose undue hardship on the
landowners. Mr. Greer had covered the landowners
concerns, but Mr. Little felt that it was of sufficient
importance to reiterate these concerns, point by point.
Ken Galloway, was in agreement with what Tom Little
said.
Gary Treweek, voiced his support of Tom Little's
position.
Leta Anderson, 94 Lower Valley Road, spoke in support
of the landowner's plan.
Mrs. Sanders, 3020 Highway 93 South, was also in
agreement with what has been said.
There being no further public comment, that portion of
the meeting was closed, and it was opened to Board
discussion.
Discussion Considerable Board discussion ensued regarding the
landowners' concerns. It was determined that the
majority of their concerns would be obliterated due to
the "grandfather" clause allowing existing land uses to
continue. Also, by excluding the impacts of new
highway construction as a "trigger" to implementing
these performance standards, many landowner concerns
\� were addressed.
The Board continued to discuss, at length, each item of
the proposed performance standards. After considerable
consideration, the Board agreed by concensus to
recommend the following changes to .the draft
performance standards. B. LOT SIZE/SETBACKS The
setback requirements from the County road be 50 feet.
C. ACCESS 1. No new driveways, unless created to
consolidate existing accesses. 4. Delete the words
"or double chip seal methods." Add #5. All access
points on a public road will be designed to
accomodate... D. LANDSCAPING la. delete the words "(a
combination of grass, ...and trees)." and replace with
"(such as grass, bushes, shrubs or trees)." E.
BUILDING DESIGN Delete #1. 2. Delete word
"typically". Add to #3 the words "when expansion is
greater than 200." F. SIGNAGE 2a. Delete the sentence
after "...current lease".
Under the Administration portion it was agreed to allow
FRDO 14 days to review a submittal, instead of 7 days.
_ Item D. Environmental Assessment was deleted. Jentz
( was directed to rewrite those items discussed and have
the document presented at the next Board meeting.
Motion Bahr moved to table consideration of the rewrite of the
performance standards for the Highway 93 South
Neighborhood Plan until the April meeting. DeGrosky
5
seconded.
OLD BUSINESS There was no old business.
NEW BUSINESS DeGrosky had attended a Cooperative Planning meeting
the previous evening. He announced that the County
Commissioners had indicated support for the process.
There was no further new business.
ADJOURNMENT The meeting was adjourned at 11:15 p.m.
APPROVED:
Therese Fox Hash, President Elizab h Ont o, Recording Secretary