10-20-92 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
.MINUTES OF MEETING
OCTOBER 20, 1992
CALL TO ORDER President Hash called the meeting to order at 6:10 p.m.
Jeff Ellingson had an excused absence. Virginia Sloan
was excused as a late arrival. All other Board members
were present. There were approximately ten members of
the public in attendance.
APPROVAL OF Approval of the minutes of the September 10, 1992,
MINUTES meeting was tabled until a later time, when everyone
has had a chance to peruse them.
REQUEST FOR President Hash introduced a request by Heather Brigham
CONDITIONAL for a Conditional Use Permit to operate a bed and
USE PERMIT / breakfast facility consisting of five (5) guest rooms
BRIGHAM BED & at 205 Fifth Avenue East in Kalispell. The property is
BREAKFAST more precisely described as Lot 12. in Block 191 of
Kalispell Addition Number 2.
Staff Report Mood gave a synopsis of FRDO Conditional Use Report
#KCU-92-7. The Bed & Breakfast application proposes to
provide five guest rooms, however, the parking design
1 submitted with the application does not meet 'city
standards and setback requirements for this number of
parking spaces. The topography of the site precludes
drive -through parking. The staff is recommending
approval of the Conditional Use Permit subject to the
15 conditions setforth in the report, changing
Condition #4 to read "No more than 2 persons per guest
room..."
Public Hearing The meeting was opened to public comments.
Dave Greer, representing the applicant, Heather
Brigham, spoke in favor of the conditional use. He
showed slides of this historically significant home. He
recognizes the parking dilemma and proposed some
alternatives, possibly a variance of side yard
setbacks, and less guest rooms.
There being no further comment, the public hearing was
closed.
Discussion The Board determined that the parking situation would
be taken care of by the Kalispell Site Review
Committee. Fraser made a motion to accept report #KCU-
92-7 and the recommendations contained therein, with
the modification made to Condition #4, as findings of
fact. Kennedy seconded. The motion carried
unanimously.
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REQUEST FOR The next item on the agenda was a request by George E.
PRELIMINARY Schulze, President of Glacier Village Greens, for
PLAT APPROVAL preliminary plat approval of Glacier Village Greens
SHCULZE / Phase IV, a major subdivision consisting of 56
GLACIER single family lots and one (1) maintenance and storage
VILLAGE GREENS lot on 28.77 acres of property. The subject property
PHASE IV is. generally situated east of Whitefish Stage Road,
north of West Evergreen Drive, and west of the
Whitefish River. The property is more precisely
described as Tracts 4 and 5H in the West 1/2 of Section
32, Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana.
Staff Report Wood presented an overview of FRDO staff- #FPP-92-20.
He noted that part of the technical assistance was
provided by Smith Surveying not Sands Surveying. The
staff is recommending approval of the preliminary plat
subject to the conditions in the staff report, with the
following changes as follows:
Condition #10 and #15 are not relevant and will be
deleted. Condition #6 should be amended to read "That
a homeowner's park with developed facilities be
provided. Said park shall be an extension of, and
integrated with, the park of Glacier Village Green
Phase III to the south, and include improvements not
limited to picnic tables, barbecue facilities, a
covered gazebo -type structure, and park benches." No
public comment was received in the office, regarding
this proposed development.
Public Hearing The meeting was opened to public comment.
Dave Greer, representing the owners of Glacier Village
Greens, spoke in favor of the efforts of the technical
staff in designing this phase for minimal impacts on
the natural environment. He felt the wording of
Condition #4 was confusing and suggested a clause to
incorporate the counsel of the City Attorney in the
waiver of SID's and annexation. He gave a presentation
oih the features of the design.
There being no further comment, the public hearing was
closed.
Discussion DeGrosky made a comment on the fire and police
protection being provided by the City outside of the
city limits. Sloan asked a question regarding the
sidewalks which were a condition in Phase III. Greer
responded that the Commissioners had deemed sidewalks
unnecessary. Discussion followed. Condition #4 was
discussed and it was agreed that the wording be changed
to read "That the necessary waivers of annexation and
other provisions of the North Village Sewer District be
satisfied prior to final plat approval of anv phase, to
the satisfaction of the City Attorney. The covenants
shall provide specific reference to provisions 10, 11,
17 and 18 of the North Village Sewer District Agreement
with the Citv of Kalispell."
Motion Kennedy made a motion that Subdivision Report #FPP-92-
20 for preliminary plat with conditions as recommended
by staff, with the modifications and deletions as
discussed, be approved. DeGrosky seconded. The motion
was passed unanimously.
Due to a conflict of interest, Mr. Fraser excused
himself from the Board in consideration of agenda items
#5, #6 and V .
REQUEST TO Hash introduced a request by the Mitchell/Swoish
ANNEX / Partnership to annex to the City of Kalispell a parcel
MITCHELL/SWOISH of land described as Tract 5CA located in the East 1/2
PARTNERSHIP of Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana. The tract is more
particularly described as a strip of land being 30 feet
in width and bordering the northerly boundary line of
Government Lot 12 and commencing at the easterly
boundary line of a County Road (Grandview Drive) and
extending easterly to the centerline of the Stillwater
River. Concurrent with the request for annexation the
Commission will consider a request by the applicants
for a zoning designation of R-3 for the subject
property.
Staff Report
Wood presented staff report
property is 30 feet in width
currently zoned county R-1
recently annexed and has a c
The staff is recommending t
zoned R-3, Urban Single
annexation into the Citv of
received from the Board
opposing the annexation adj
County Road, without annexi
i
h
a
#KA-92-3. This parcel of
and 800 in length, and is
Adjacent property was
ty R-3 zoning designation.
at the subject property be
Family Residential, upon
Kalipsell. A letter was
of County Commissioners,
cent to Grandview Drive, a
ng that roadway.
Public Hearing Dave Greer, spoke on behalf of the partnership, in
favor of the annexation and zone designation of R-3.
Discussion
_ REQUEST FOR
PRELIMINARY
PLAT APPROVAL/
JUNIPER BEND
There being no further comment, the public hearing was
closed.
Sloan made motion to accept Annexation/Zoning Report
#KA-92-3 as findings of fact. Lopp seconded. The
motion was passed unanimously.
Next item to be heard was a
Mitchell/Swoish Partnership
approval of Juniper Bend, a
consisting of 26 townhouse
approximately 12.9 acres of
request by the
for preliminary plat
major subdivision
sites and common areas on
property in the South 1/2
3
of Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Staff Report Wood gave a brief presentation of FRDO Report #KPP-92-
1, evaluating the preliminary plat request for a 26-
unit townhouse. This request is concurrent with the
request for annexation. Concerns relating to the roads
and the land use in proximity to the Stillwater River
were reviewed. It is recommended that Preliminary Plat
for Juniper Bend be approved subject to the 15
conditions set forth in the report. An additional
condition pertaining to parkland dedication as follows:
"#16. A fee in lieu of parkland dedication shall be
paid in the amount equal to 1/9 of the unimproved value
of land."
One letter was received in the office from an adjacent
landowner, Fred Hagel, commenting on the road design.
He requested that the "primary entrance" be moved to
the junction of Grandview Land and Grandview Drive, and
was in favor of the proposed project.
Public Hearing The meeting was opened to those in favor of the
proposed development.
Dave Greer, spoke on behalf of the partnership, in
favor of the project. He pointed out the features of
the cluster design of the 26 townhouses, situated on
steep topography. He addressed the conditions. He
suggested Condition #5 be amended to allow only golf
carts and authorized maintenance vehicles, and
Conditions #6 and #10 could be combined. With •regards
to Condition #11, the partnership felt that a restroom
would be appropriate in the "homeowners' recreation
area°`. Also, the homeowners' park was intended to
satisfy the parkland dedication requirement.
Howard Hendrickson, Lots 12 & 13 Grandview Drive,
questioned the height of the proposed townhouses. He
was concerned with buildings blocking his view. He was
also adamant about improving the condition of Grandview
Drive prior to increased development.
Mr. Sampson, 81 Grandview Drive, was also concerned
about the height of the buildings and the increased
traffic.
Logan Rogers, felt these townhouses were a
complementary project on Grandview Drive, however had
concern with the gravel road of Grandview Lane.
Dan Mitchell, one of the partners in the development,
does not intend to interfere with the neighbors views,
and hopes to enhance the community with this
development, and plan to improve Grandview Drive.
4
There being no further proponents, the meeting "S
opened to those in .opposition to the development.
Milt Carlson, 375 Grandview Drive, questioned the
density of the project, the proximity of the clubhouse
and development of the floodplain. He noted that
places of assembly are not allowed in floodplain zones.
He was opposed to the tearing out of trees and
underbrush providing wildlife habitat along the
Stillwater River. This area was flooded a year ago.
The banks are sloughing off into the river to the
detriment of the water quality of both the river and
the lake. This development would also impact Grandview
Drive with increased traffic.
There being no further comment, the public hearing was
closed.
Discussion Lopp commented on the area adjacent to the River. in
past developments along waterways, it was a standard
condition to leave a 25 foot setback from the high
water line to be maintained as a natural area, complete
with vegetation to protect the streambank. Mr. Jentz
informed the Board that the developers have already
removed the vegetation from the site of the homeowners'
park. Discussion followed on restoring the vegetation
to its natural state. DeGrosky would like to see the
restoration done with the guidance of the Flathead
Conservation District, in compliance with the "Best
Management Practices" for stream management. Lopp
recommended that a Condition #17 be added requiring
that a 25 foot zone adjacent to the high water mark of
the stream be restored and maintained with natural
vegetation in consultation with the Flathead
Conservation Service. Discussion followed on
floodways and riparian zones. There are valid points
for establishing the standard of 25 feet.
Discussion on the design and how the conditions will be
reviewed by the City's Site Plan Review Committee
resulted in the wording of Condition #5 being amended
to add "...other than golf carts and authorized
maintenance vehicles."
-- Kennedy had a question regarding the homeowners' park
and if it would satisfy the cash in lieu of parkland
dedication? After Board discussion it was decided that
an additional condition addressing the parkland
requirement read "The declaration of covenants shall be
amended to include specific language which identifies
the homeowners' -recreation area as a common element,
j and addresses maintenance responsibilities of the
recreation area."
DeGrosky expressed concern for water quality from
overland run-off during the time of construction and
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the possibility of spring time flooding. The
developers addressed the type of plantings and the
timing of restoration. Much discussion ensued. An
additional condition addressing stream bank restoration
and mitigating water quality degradation was agreed to
road "The developer. shall provide an engineer's plan to
mitigate temporary runoff into the Stillwater River
during construction of the entire project."
Motion There was no further Board discussion. Lopp made a
motion to adopt Preliminary Plat of Juniper Bend FRDO
Report #KPP-92-1 as findings of fact with the
recommendations as amended. Kennedy seconded. The
motion was carried unanimously.
REQUEST FOR Hash introduced a request by the Mitchell/Swoish
CONDITIONAL Partnership for a Conditional Use Permit to allow
USE PERMIT / construction of a 26-unit townhouse development on
MITCHELL/SWOISH property zoned R-3 and described as Tracts 5CA and 5E
PARTNERSHIP / in Section 6, Township 28 North, Range 21 West, P.M.M.,
TOWNHOUSES Flathead County, Montana.
Staff Report Wood presented Conditional Use Report #KCU-92-8,
evaluating the request for construction of- a 26-unit
townhouse "cluster" development. The staff is
-recommending that the Conditional Use Permit be granted
subject to the 9 conditions set forth in the report,
adding the words "golf carts and authorized maintenance
vehicles" to Condition V .
Public Hearing The meeting was opened to public comment.
Dave Greer, representing the partnership, spoke in
favor of the "cluster" development, which does fit the
provisions of the ordinance including a ratio of 6:1
open space.
There being no further comment, the public hearing was
closed.
Discussion Kennedy moved to grant the Conditional Use Permit #KCU-
92-8, and adopt as findings of fact, with the amendment
of Condition #7 as discussed. Stephens seconded. The
motion was passed unanimously.
OLD BUSINESS Fraser came back on Board. Wood informed the Board
that a letter had been sent to the County Commissioners
expressing the Kalispell City -County Planning Board and
Zoning Commission's desire to extend their
jurisdictional boundaries. The Commissioners are
emphatically opposed to entertaining that .idea.
NEW BUSINESS The North Meridian Neighborhood Plan has become a
�- higher priority with the Council and is slated to be
done by February 1, 1993. Jentz presented a synopsis
of the plan area, showing on a map the proposed
R
bou4daries. Roughly, bounded on the South by Hwy. 2,
taking in the fairgrounds, up Hwy. 93, across north of
the junior high school (or top of North Meridian),
coming down Northern Lights, to Two Mile Drive, out Two
Mile down to Hwy 2. Discussion followed on the
parameters of the Neighborhood Plan.
Lopp moved that the approval of the minutes for the
September 10, 1992 meeting be postponed until the next
meeting. Fraser seconded. All members voted ave.
The time for winter meetings was decided to be held at
7:00 p.m.
it was suggested that Mark Holston, Flathead Basin
Commission, be invited to give a presentation to the
Board on the impacts of development on water quality.
President Hash signed Resolution #KPA-92-1 Master Plan
Amendment relative to the Stillwater Destination Resort
Neighborhood Plan, which the County Planning Board also
signed.
ADJOURNMENT The meeting was adjourned at 8:35 p.m.
///A?/�;a
APPROVED:
Therese Fox hash, President Aili"z�abe;th Ontko, Recording Secretary
VA