05-11-93 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
MAY 11, 1993
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 7:03 p.m. Therese Hash and Michael Fraser
had excused absences. All other Board members were
present. Vice -President Lopp presided. There were
approximately 35 members of the public in attendance.
APPROVAL OF Minutes of the April 13, 1993 meeting were approved as
MINUTES j written on a motion by Conner, second by Bahr. All
APRIL 13, 1993 members present voted aye.
CRSS UPDATE By concensus, the Planning Board members agreed to move
a new business item up on the agenda. Joe Hart, CRSS,
was available to give an update on the Kalispell Area
Transportation Plan and Bypass Feasibility Study.
Joe Hart announced that a public meeting will be held
on Tuesday, May 25, at Cavanaugh's, with an open house
from 6-7 p.m. and a formal presentation of the findings
of the study at 7:00. The agenda will include a
critique of the neighborhood meetings, at which there
was very good attendance. Comments have resulted in
more analysis of traffic forecasts on bypass routes and
alternative routes. They are looking at the impacts on
the alternative routes and the full cost of
improvements. The selection of a preferred corridor is
subject to further analysis in conjunction with the EIS
study underway for Hwy 93. Extensive long-range
improvements that would connect to the by-pass routes
will be part of those recommendations. The entire
long-range planning corridor and roadway improvements
network, will be a subject coming before the Planning
Board in July, as part of the update of the
Transportation Master Plan. They would like to come
back to the Planning Board in June to give a briefing
of the final draft report, as the public hearing
process is scheduled for July. Scoping meeting
questions dealt with land use, employment and
population forecasts for the area. He passed out a.
brief summary of data that was part of the technical
memorandum on the study, and it outlines the process in
developing land use forecasts through the year 2015.
NEW`'HQRIZONS Returning to the agenda, Lopp introduced a request by
>CONDITIONAL New Horizons for a conditional use permit to allow the
USE PERMIT expansion of the Flathead Outpatient Surgical Center at
66 Claremont Street in Kalispell. The property lies on
the'west side of Claremont Street immediately north of
the Buffalo Hills Terrace Residence Complex.
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Staff Report Jentz presented an overview of the request to expand an.
existing medical facility. In evaluating the request,
staff identified the issues for discussion. (1) Lack
of parking. There are 48 existing parking spots. The
expansion will require a total of 102. There is an
agreement to use the adjoining church parking lot, for
overflow parking, which is a compatible use. (2) The
requirement for a loading access point was brought up
at site plan review. (3) A sign located in the right-
of-way, also came up at site plan review. Staff is
recommending five conditions of approval.
Public Hearing David Greer, representing New Horizons, explained the
proposal in detail. The request is to improve the
efficiency of the existing use as opposed to increasing
the capacity of the use. It will enhance employee
space, storage, and reduce crowding associated with
recovery, waiting and admission areas.
He addressed their concerns with the conditions. With
regards to the loading access, he pointed out that the
majority of the deliveries are by Federal Express, UPS,
and AirBorne, making condition #2 unnecessary. This
requirement would drastically reduce the front yard
area. There is no requirement in the Kalispell Zoning
Ordinance to have a delivery turnaround. (pg. 115,
"each loading shall be designed with access to a public
street or alley and so designed as not to interfere
with traffic movement") Condition #3 requiring 102
parking spaces, was contested. The proposed addition
requires 21 additional spaces, and applicant has no
problem with that. Existing parking is grandfathered,
with overflow parking in the Latter Day Saints parking
lot. (Kalispell Zoning Ordinance, pg. 105 "Whenever
any building is enlarged in height or in ground
coverage, off-street parking shall be provided for said
addition.") With regards to condition #5, existing
landscaping is in place, including mature poplar trees
from the old outdoor theater. A slide presentation
illustrated where proposed expansion would be located
and the existing landscaping.
There being no further comment the public hearing was
closed.
Discussion The parking requirement for 102 spaces was discussed.
This provision came out of site plan review and would
bring the entire facility up to the current Kalispell
standards. The existing 48 parking spaces are
grandfathered. The issue before the Board is to
consider whether the entire building or just the
Jexpansion is bound by the current code.
Dr. Van Kirke Nelson, physician and project manager for
the proposal, assured the Board, that they have never
had a parking shortage, and would provide adequate
parking for the addition. Their preference would be
to retain the green space, as it was aesthetically
beneficial for persons undergoing surgery.
Landscaping was discussed. The existing trees would
remain or be relocated on site.
Considerable discussion commenced on the recommended
loading area requirement.
Van Kirke Nelson addressed the loading issue. The
majority of the deliveries will be by courier delivery
to the front entrance. The use of a loading dock would
be negligible, and again, he stressed keeping the green
space rather than paving it over.
Motion DeGrosky moved to accept report #KCU-93-4 as findings
of fact and forward it with an affirmative
recommendation, with the following changes to the
conditions:
(1) Condition #2, add a sentence to read: "Unless a
plan to facilitate the designated loading zone
can be agreed to by the applicant and the
Kalispell Public Works Director."
(2) Condition #3, change total parking spaces from
102, to 81 parking spaces.
(3) Condition #5, add a sentence to read: "The
existing row of poplar trees satisfies this
condition."
Kennedy seconded. By roll call vote, all Board members
present voted aye.
SHINING
Lapp introduced
a request by The
Shining Mountains
MOUNTAINS
Church of Religious Science for a conditional_ use
CONDITIONAL
permit to expand
the existing church
facility at 475
USE PERMIT
8th Avenue EN in
Kalispell. The new
facility would be
immediately south
of the existing
building, be one
story in design
measuring 56 feet
square and have a
maximum capacity
of 155 people.
Staff Report Jentz gave an overview of staff report #KCU-93-3. He
had learned just prior to the meeting, that the
applicant desires to sell the property with the
existing building after construction of the new
facility. The splitting of the lot would effect
setback and parking requirements. Staff is
recommending five conditions of approval, based on the
original request to expand the existing church
facility.
Public Hearing Marjorie Fisher, building chair for this project,
explained the proposal and stated that they would have
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�i no problem meeting the setback requirements between the
buildings. She requested that they not be required to
pave the alley, as it is not used for parking. Also,
since they intend to sell the existing church facility
after building the new structure, she requested that
they not be required to pave that parking area.
There being no further comments regarding the granting
of the conditional use permit, the public hearing was
closed and the meeting opened to Board discussion.
Discussion The parking scheme was discussed. Jentz informed the
Board that the loop parking system will still work
whether it is extended into the alley or not. The
alley could be used as a turnaround, but eliminating
four spaces in the lot would serve the same function.
The worst case scenario would be if the existing church
facility did not sell. In that case, the Board could
put a time limit on the condition for paving the
parking lot. Discussion followed on the potential sale
of the property and change of use.
Motion Bahr moved to adopt conditional use report #KCU-93-3,
as findings of fact and forward a favorable
recommendation subject to the conditions. Ellingson
seconded.
DeGrosky amended the motion to add a condition #6,
requiring that the location of the new structure have
a setback of twenty (20) feet between the two
buildings. Kennedy seconded the amendment. By
concensus vote, all Board voted in favor of the
additional condition.
Carlson amended the motion to eliminate condition #2,
and redesign the parking configuration to eliminate the
four parking spaces for the turnaround. Bahr seconded.
Withdrawal Discussion followed with the result that Carlson
of Motion withdrew his amendment, as the requirement was already
covered.
By roll call vote, the original motion carried on a 7-0
vote in favor of granting the conditional use permit.
FOYS LAKE Next on the agenda was a request by Kermit and Andrea
ESTATES / Rolandson for preliminary plat approval of Foys
PRELIMINARY Lakeside Estates, a 32 lot single-family subdivision
PLAT located on 21.5 acres of land generally located on the
south side of Foys Lake and bounded by Foys Lake Road
on the east side and South Foys Lake Road on the south.
Staff Report Jentz presented report #FPP-93-5, evaluating the
request for preliminary plat approval of a major
subdivision located on the southeast shore of Foys
Lake. The area is presently unzoned, but is proposed
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I for an R-2 classification within the Lower Side Zoning
District. Being in close proximity to the lake, proper
septic tank design will be a greater concern. The
process involves getting final sanitation approval
after preliminary plat approval is granted. Lakeshore
protection and the pyramiding system on lakeshore
frontage was brought up as a staff concern, as well as
a private easement across the common area.
Staff is recommending approval subject to 15 conditions
set forth in the report with an additional condition to
read as follows: #16. All lots must be no less than
20,000 square feet in area.
Letters from adjacent property owners have been
received in the office after the packet was mailed.
Copies were distributed to Board members.
Public Hearing David Greer, representing the applicant, described
In Favor the unique design features of this preliminary plat.
This subdivision was designed in anticipation of the
proposed R-2 zoning classification, with the largest
lots located along the lakeshore, allowing adequate
room for the septic systems. The engineered fire
hydrant system was explained. He noted that due to all
C1 the recent new subdivision and health department
�J regulations, this subdivision will be subject to
stringent review. The state has adopted a non -
degradation standard for nitrates for drinking water
standards. In addressing condition #11, he passed
around a "Lakeside Park Proposal" depicting a proposed
pedestrian walk way and picnic area along the lakeshore
as part of the homeowners' park. He showed slides to
illustrate the site.
Fred Phillips, engineering consultant with Thomas, Dean
& Hoskins, representing the Rolandsons, spoke to the
Health Department approval of engineered septic
systems. He elaborated on the engineering requirements
for obtaining approval for septic systems in close
proximity to a body of water. He described in detail
the soil and groundwater monitoring. The requirement
to adhere conclusively to the existing drinking water
standards and state environmental health laws will
alleviate the concerns of the neighbors.
Conner asked if there was an established baseline of
the water quality for Foys Lake? Not that Phillips was
aware.
Wayne Worthington, Flathead County Parks and Recreation
Department board member, presented a history of the
site, and informed the Planning Board that it was
rejected as a County park because of the number of
springs on the site and high groundwater precluding
installation of a septic system. He also expressed
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concern regarding the location of the homeowners park
with the 25 foot access.
Van Kirke Nelson, landowner in the area, told the Board
a neighborhood meeting was held the previous night with
40-45 in attendance. Generally, the neighborhood was
not opposed to the project, however had concerns with
the septic systems and the drainage problems. Another
concern was the location of the site near the existing
County parks, which experiences a high density of use
during the summer.
Randy Feller, Fire Chief Smith Valley Fire Department,
initially had concerns with the water system, but was
able to work out a compromise with the developer, the
engineers and David Greer, coming up with the tanker
recharge facility which adequately meets the needs of
the subdivision. His second concern was defensible
space around the houses, which has been addressed by
Mr. Jentz.
In Opposition Fred Andres, 614 South Foys Lake Drive, President of
the Foys Lake Protection Association, reiterated Dr.
Nelson's concerns. He emphasized that their primary
concern is the protection of Foys Lake. The water
quality is decreasing. The project is too dense.
Joyce Ivy, 458 North Foys Lake Drive, voiced concerns
with high groundwater in the area. She was involved
with the 208 Project in 1975-76 and is familiar with
the unique problems associated with Foys Lake which has
no surface water inlet or outlet. It is fed by
springs, and there is a problem with standing water.
Jerry Adams, Foys Lake resident, felt that alot more
research should be done, because of the draught.
Hans Mizee, 354 North Foys Lake Drive, expressed his
concerns regarding the water quality of the lake. More
extensive studies need to be done, which go beyond what
current regulations require.
Frank Conley, 490 North Foys Lake Drive, questioned the
density of the project of 32 lots on 21 acres, and the
impacts of that many septics on the quality of the
lake.
Mike Strand, property owner for 28 years, commented on
the uniqueness of Foys Lake, and felt a geological
study should be done.
Fred Andres, pleaded that the governing bodies do
something for the quality of Foys Lake. The water
quality is decreasing.
Carol Mizee, agrees with all the arguments opposing the
development.
N.
Jess Eayrs, 634 South Foys Lake Drive, has lived there
since 1966 and seen the quality of the water decrease.
He is opposed to the density of the project. He feels
that more studies should be done on the springs in the
area, as it is a spring -fed lake.
Hearing no further opposition, the public hearing was
closed. As a courtesy to the audience Vice -President
Lopp explained the position of the Board in making
their decision within the parameters of the law,
reviewing each proposal on its own merits as presented.
The meeting was opened to Board discussion.
Discussion The neighbors' concerns with regard to the water
quality of Foys Lake was discussed at length. All
Board members recognized that water degradation was a
problem in the area. However, the whole issue of water
quality was beyond the scope of this Board. There are
100's of point sources which have nothing to do with
this subdivision proposal.
The Board asked Fred Phillips to address the water
quality issues. He gave a detailed description of the
engineer's requirement for meeting federal and state
drinking water standards.
Further discussion followed on the density, lot size,
impacts on the lake, and the process of Montana
Department of Health & Environmental Sciences approval.
Condition #4 was discussed, deleting the phrase
"including the provision of two (2) hydrants each
capable of providing 500 gpm flow within the
subdivision."
Motion Kennedy made a motion to adopt report #FPP-93-5 as
findings of fact, forwarding a recommendation for
approval of preliminary plat for Foys Lake Estates as
a 32-lot single family subdivision with condition #4
being amended to read: "That a tanker recharge
facility system be developed that meets the minimum
guidelines of the Smith Valley Fire Chief. Said system
shall be approved by both the Fire Chief and FRDO
staff." That all comments be submitted to Flathead
City -County Health Department and the Montana
Department of Health & Environmental Sciences. Bahr
seconded.
Discussion Carlson expressed concern on the density of the
On Motion development and the aesthetics of the surrounding area.
—\ On a roll call vote Kennedy and Bahr voted in favor.
Ellingson, DeGrosky, Conner, Carlson and Lopp voted
nay. The motion failed on 2-5 vote.
Motion Ellingson moved that the request preliminary plat for
Foys Lake Estates be denied on the basis that the
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proposal is too dense, out of character with the
surrounding area, it is inconsistent with the Master
Plan, and the water quality impacts as a result of the
density. Carlson seconded.
Discussion Discussion followed on the new findings for denial.
On Motion
On a roll call vote, DeGrosky, Carlson, Conner,
Kennedy, Ellingson and Lopp voted aye. Bahr voted nay.
The motion carried on 6-1 vote to deny granting
preliminary plat approval.
BUFFALO HEAD
/ Lopp announced that the next two agenda items will be
PRELIMINARY
combined for the public hearing process, but each issue
PLAT &
would be acted on separately. He then introduced a
CONDITIONAL
request by Ernestine Anderson for preliminary plat
USE PERMIT
approval of the Amended Plat of Lots 16-20, Buffalo
Head Addition, a two -lot townhouse subdivision which is
intended to accomodate two five -unit townhouses. The
property address is 360-378 Ponderosa Street. Also, a
request by Ernestine Anderson for a conditional use
permit to allow the construction of a five -unit
townhouse complex on each of two lots described as lots
16A and 18A of the Amended Plat of Lots 16-20, Buffalo
Head Addition located at 360-378 Ponderosa Street.
Ellingson excused himself from the Board due to a
conflict of interest on this matter.
Staff Report Jentz presented reports #KPP-93-2 and #KCU-93-5. The
proposed development design represents a shifting in
density allowing for needed open space and overflow
parking within the subdivision. There is some concern
regarding the visual impact to the adjoining community.
Staff is recommending approval with eight conditions
attached to the preliminary plat, and seven conditions
of approval for the conditional use permit.
Public Hearing The meeting was opened to all those wishing to speak in
favor of both the preliminary plat and the request for
a conditional use permit.
Ernestine Anderson, applicant and property owner,
informed the Board that they have reduced the
originally proposed density of the project by five
units. At the homeowners' request, they have not
slated this project for single family residences. They
have worked with the homeowners association, and 90%
have signed the change in the covenants.
—,, Rob Heinecke, a homeowner of a townhouse, supported the
conversion from single family residences to townhouses,
noting that homeowners have control on the height of
the buildings.
Doug Johns, 346 Ponderosa, Buffalo Head Subdivision,
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r �and president of the homeowners' association, presented
abit of the background for this property, and argued in
favor of townhouses. Single family lots would be
inconsistent with the integrity of the area. The
homeowners' association has worked with the Andersons
to facilitate the process and maintain consistency of
development. They have worked together to solve the
problem of parking and providing open green space. The
change in the covenants has been signed by 47 out of 50
homeowners, all were supportive. He read the change
for the Board.
Dave Hedeman, resident, felt this was a winning
situation for everyone concerned.
Opposition Rich DeJana, attorney representing Cheryl Neier, and
homeowners of Lots 51, 52, 53, 54 of Park View Terrace,
an adjoining subdivision, spoke in opposition to the
project. He handed out some information on the
"mistake" that City Council made in 1978, a letter and
a copy of the minutes of Kalispell City Council meeting
of October 2, 1978, addressing the original Buffalo
Head Addition #92. A public hearing was held on this
development in 1978 - we are now talking about public
trust in dealing with the City of Kalispell. The
people outside of the development are impacted. Park
View Terrace residents were opposed to multi -family
units in their neighborhood. The results of the public
hearing are attached. The covenants which we are
talking about changing, complied with comments made by
developer Pine and City Council. The covenants
specifically state that Lots 16-20 are limited to one
residential unit per lot. "Once the plat is accepted,
there will be no changes". In the County, covenants
have a tie in that the governing body has to approve
changes. This, unfortunately, is not the case in
Kalispell. Based on a copy of resolution #3201, this
development does not go along with Section 3c, as
highlighted. Frankly there were too many problems.
That is important, because that is part of the
committment of the City to the neighbors, that these
lots are going to be single family. Part of the
conditions of approval at that time, Section 3p,
indicate that land use section of the covenants
specifically state the number of dwelling units
permitted on each lot. There are ways to mitigate the
problem. It is a serious problem. I live in a
subdivision, I know what I bought. Although there are
things I would like to see changed, we don't because it
creates a bigger impact on the City. The map "Exhibit
A" is one of the numerous changes that was occurred,
and is a point of reference. Lots 16, 18, 19, 20 abut
Lots 51, 52, 53, 54 with a small common area. That is
a big concern, with nothing to prevent the impact of
what could be a 35' building, not just a single house,
but five units sitting in your backyard. What you have
to deal with is a covenant made by the City back in
1979. Yes, they made a mistake. Yes, they made this
too dense. They tried to mitigate the impact by
dealing with covenants and conditions of approval.
Tonight, you could destroy the mitigation. In other
words, do the very thing you are afraid the Dept. of
Health will do to Foys Lake. Not to continue with
public trust after promises have been made.
Paul Scott, 319 Harrison, agreed with Mr. DeJana. He
is losing his view of the mountains, as townhouses keep
going up like row houses in his backyard.
Cheryl Neier, 317 Harrison, is opposed to the high
density of the project. The impacts are increasing on
the schools, children safety, lack of green area and
parking. She is losing her view and privacy.
Ina Herriges, 313 Harrison Blvd., opposed to the
project, as it is too high density and townhouses are
destroying her view.
As there was no further opposition, the public hearing
was closed.
Discussion The height of the buildings was discussed, with
clarification from the applicant/developer regarding
the design of the buildings. The zoning allows a
maximum of 35' buildings. Thus, five single family
dwellings could obscure the view more. It was noted
that the City of Kalispell is not party to the
homeowners' covenants.
Motion DeGrosky moved to accept report #KPP-93-2 as findings
#KPP-93-2 of fact and forward it with a positive recommendation
with conditions attached. Bahr seconded. By roll call
vote, all Board members present voted aye.
Discussion Discussion on building height restrictions commenced.
Motion DeGrosky moved to accept conditional use report #KCU-
93-5 as findings of fact, with an affirmative
recommendation with the following changes: Add a
condition #8, that an extensive landscape buffer be
installed between the subject property and Park View
Terrace subdivision, using a combination of trees and
shrubs. Add condition #9 to limit the height of
buildings on Lots F thru J to 16' , Lots A thru E to
25'. Bahr seconded.
Discussion followed on how intensive landscaping would
further restrict the view. DeGrosky responded that it
came directly from the staff report.
Carlson moved to amend the motion to strike the
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condition on "Lots A thru E to 25 feet" and have a
height restriction of 16 feet for all lots. Kennedy
seconded.
Discussion followed on the economic viability of this
height restriction.
A roll call vote was made on the amendment to the
original motion. Carlson and Lopp voted in favor.
Conner, Bahr, DeGrosky and Kennedy voted -nay. The
motion fails on a 2-4 vote.
Discussion on the original motion resulted in the word
"trees" being struck from the amendment requiring
extensive landscaping. On a roll call vote DeGrosky,
Kennedy, Bahr, Conner and Lopp voted in favor. Carlson
voted no. The motion carried on a 5-1 vote, granting
the conditional use permit subject to the conditions as
amended.
OLD BUSINESS There was no old business.
NEW BUSINESS The subject of meetings going to summer hours was
discussed. By concensus, it was agreed to keep the
meeting time at 7:00 p.m. -However, since there will be
six public hearings at the next meeting, the Board
agreed to start the June 8th meeting at 6 p.m.
It was announced that a workshop on parlimentary
procedure will be held on Saturday, May 22 from 9 a.m.
to 3 p.m..
ADJOURNMENT There being no further business, the meeting was
adjourned at 11:30 p.m.
Robert Lopp, Vice -President
APPROVED �� (Q
f
Elizabeth Ontko, Recording Sec'y
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