04-13-93 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
APRIL 13, 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 7:05 p.m. Walter Bahr and Jeff Ellingson had
excused absences. All other Board members were
present. There were approximately 15 members of the
public in attendance.
APPROVAL OF It was noted the date of the March 9, 1993 meeting read
MINUTES -
1992. The motion was made by Kennedy, seconded by
MARCH 9, 1993
Fraser to approve the minutes as written with the
change of date. All members present voted aye.
COLLINS
President Hash introduced a request by Dale Collins on
ZONE REQUEST
behalf of the Dale Collins Trust for Annexation
DESIGNATION
with an initial zoning classification of RA-1 Low
RA-1
Density Residential Apartment for a 4.7 acre tract of
land located at 455 Liberty Street and situated at the
west end of Liberty Street.
Staff Report
Jentz gave a brief overview of staff report #KA-93-1.
The subject property is presently zoned R-1 and is
located at the west end of Liberty Street, abutting the
city limits of Kalispell. The request for annexation
is before the City Council. The applicant is
requesting a zone designation of RA-1 upon annexation.
Staff is recommending approval of the zone change
request, based on statutory evaluation.
Public Hearing
The meeting was opened to anyone wishing to speak on
the requested RA-1 zone classification. There was no
public comment, either for or against the requested
zone change. The public hearing was closed.
Motion
Fraser moved to approve report #KA-93-1 as findings of
fact, recommending the subject property be zoned RA-1
upon annexation into the City of Kalispell. Kennedy
seconded. On a roll call vote, all members present
voted aye.
ZONE CHANGE President Hash introduced a request by Barry and
REQUEST / Cherryl Ultican to amend the Flathead County Willow
ULTICAN Glen Zoning District Map from R-1 Residential to R-5
R-1 TO R-5 Residential for a 16 acre tract of land located at 1850
Hwy 35 East, lying on the south side of Hwy. 35
immediately east of the Helena Flats intersection. --
Staff Report Jentz.presented staff report #FZC-93-5. He explained
that although the requested zone change is slightly
more dense than the Plan density of 1-2 units per acre,
it is a residential zone and it will be substantially
in compliance. The proposed zoning is not out of
character with the neighborhood, which is a mixture of
non -conforming uses. The proposed use would provide
much needed affordable housing opportunities in an area
which already has two neighboring mobile home park
developments. Staff is recommending approval of the
requested zone change from R-1 to R-5. No comment had
been received in the office prior to this hearing.
Public Hearing Hash opened the meeting to all proponents of the
requested zone change.
Barry Ultican, the applicant, spoke in favor of the
zone change. He informed the Board that he and his
wife intend to put mobile homes on the south portion of
the subject property. He has been in contact with the
State Highway Department regarding the access points.
The meeting was then opened to all opponents of the
request. Hearing no opposition, the public hearing was
closed, and meeting opened to Board discussion.
Motion Kennedy felt the property was suitable for R-5 zoning.
She made a motion that FRDO staff report #kFZC-93-5 be
adopted as findings of fact, and forward a favorable
recommendation for R-5 zone designation. DeGrosky
seconded.
Discussion Lopp asked for clarification on how the Highway 35
bridge realignment would effect the property. Fraser
questioned the conformance to the Master Plan. Jentz
explained that the forthcoming Evergreen Sewer would
allow for R-5 density.
On a roll call vote, the Board voted 7-0 in favor of
the zone change request.
CONDITIONAL President Hash announced that the request by Susan
USE PERMIT / Miller for a conditional use permit to allow a two -room
MILLER Bed and Breakfast in her residence at 1105 Third Ave.
East in Kalispell, has been withdrawn. There will be
no action taken on the application.
AMENDMENTS - Consideration of amendments to the Kalispell City
KALISPELL Zoning Ordinance Text to (1) allow accessory residences
ZONING as a permitted use in the B-1, B-2 and B-3 zones, and
ORDINANCE (2) to allow local real estate offices as a permitted
use in the B-1 zone.
Staff Report Recent issues concerning Business zones in the
—'� Kalispell Zoning Jurisdiction have surfaced. As a
result the City Council has directed the Planning Staff
to address proposed amendments to the text of the
Kalispell Zoning Ordinance. A public hearing is
required. Jentz presented each item separately.
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(1) The first issue addresses accessory apartments in
the B-1, B-2 and B-3 zones. At present, apartments on
the second floor are permitted in the B-4 Central
Business District, as an accessory use to the primary
use of the business. Parking standards and setback
requirements would still apply. The staff is
recommending approval.
Public Hearing The meeting was opened to public comment on the
proposed amendment allowing accessory apartments as. a
permitted use in the B-1, B-2 and B-3 business zones.
There were no comments, either for or against the
proposed text amendment to the Kalispell Zoning
Ordinance. The public hearing was closed.
Motion DeGrosky moved to forward a favorable recommendation to
the Council, amending the text of the Kalispell Zoning
Ordinance to allow accessory apartments as a permitted
use in the B-1, B-2 and B-3 business districts. Fraser
seconded. The motion carried on a 7-0 vote in favor.
This recommendation will amend the Kalispell City
Zoning Ordinance Text in Chapters 27.13.020, 27.14.020
and 27.15.020 by adding - Apartments, Accessory - as a
permitted use.
(2) The second issue, of allowing real estate offices
as a permitted use in the B-1 Neighborhood Business
zone, was presented for discussion. Jentz outlined the
criteria for a B-1 Neighborhood Business district. A
real estate business draws its customers from well
beyond a neighborhood boundary, and would not
reasonably conform to a B-1 use unless limited in size
and number of employees. Based on the points as
` discussed in Jentz' memo to the Board, dated March 24,
1993, the staff would concur that a real estate office
in a B-1 zone should be treated as a conditional use.
Public Hearing The meeting was opened to public hearing. There being
no comment, either for or against the proposed zoning
text amendment, to allow real estate offices in a B-1
zone district, the public hearing was closed.
Discussion The Board expressed various concerns with the amount of
traffic and the need for extra parking generated by a
real estate business, drawing its clientele from
outside the neighborhood boundary. DeGrosky questioned
the relevance of a "neighborhood" business and noted
that many permitted and conditional uses provided for
in the B-1 zone, generated traffic. Discussion
followed on how a real estate office may be conditioned
in order to be compatible with a residential
neighborhood.
Motion DeGrosky moved to recommend that real estate offices be
allowed in a B-1 zone as a conditional use, limiting
the size to a maximum of 2400 square feet. Kennedy.
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i seconded. On a roll call vote Conner, Kennedy, and
DeGrosky voted in favor, Carlson, Lopp, Fraser and Hash
voted against. The motion was defeated by a 3-4 vote.
Motion Fraser moved to recommend denial of the proposed change
to the text of the Kalispell Zoning Ordinance to allow
a real estate office in any fashion in a B-1 zone.
Carlson seconded. By roll call vote, Carlson, Fraser,
Lopp and Hash voted in favor. DeGrosky, Kennedy and
Conner voted against. The .motion carried on a 4-3
vote.
OLD BUSINESS Under old business, Hash introduced a continuation of
discussion on a proposal to extend I-1 Light Industrial
Zoning based on the Flathead County Comprehensive
Zoning Ordinance, with an overlay zone of 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 The public hearing on this proposal was closed at last
month's public hearing. At that hearing staff was
instructed to incorporate changes to the performance
standards as discussed by the Board. Jentz briefly
reviewed each of these changes. The Highway 93 South
Neighborhood Plan has been submitted to City Council
and the County Commissioners, who are awaiting the
performance standards.
Discussion Upon Boards' questioniong, Mr. Greer, representing the
residents of the Highway 93 South neighborhood, was in
agreement with the revisions.
Mr. Wood, representing the City of Kalispell, expressed
the City's concern that they would like to have seen
the performance standards forwarded with the
neighborhood plan, as a package. Pertaining to the
performance standards, the Site Plan Review Committee
had been strongly in favor of having billboards
eliminated, and more stringent environmental assessment
requirements, rather than relying on other agencies.
The Board shared the City's concerns regarding
billboards. The reasons behind the resulting language
in the performance standards were re-examined.
Considerable discussion on billboards followed, in an
effort to mitigate the City's concerns. The Board
concluded by agreeing that due to complex legal issues,
the language setforth by Staff was strong enough to
address concerns.
Motion Lopp made a motion to forward the Highway 93 South
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performance standards as amended, with a favorable
recommendation, to the City Council and Commissioners.
DeGrosky seconded. By roll cal I,vote, all Board
members present voted aye. The Board thanked the
residents for their united effort in setting a
precedent in the process of developing the Neighborhood
Plan with performance standards.
The next item under old business, letters of
appreciation to former Board members, Jim Stephens and
Virginia Sloan were passed around for signatures.
A form seeking written and financial support for the
Cooperative Planning Coalition, was presented to the
Board for signature. Kennedy made a motion to direct
President Hash to sign, on behalf of the Planning
Board, the letter supporting the principle of the CPC.
Second by Conner. All members present voted aye.
Fredrico Pena, Secretary of Transportation, will be
holding hearings April 14 on transportation issues at
Cavanaugh's. Max Baucus will be in attendance. The
CRSS neighborhood meetings will begin on Thursday,
April 15, regarding the Highway 93 studies.
\ > NEW BUSINESS There was no new business.
ADJOURNMENT There being no further business, the meeting was
adjourned at 8:40 p.m. A study session followed the
meeting concerning attendance, conflict of interest and
the need for site visits by Board members.
APPROVED: `� q
A
c
Therese Fo Has President Elizabeth Ontko, Recording Secretary
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