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11-10-92 Planning BoardO KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING NOVEMBER 10, 1992 CALL TO ORDER President Hash called the meeting to order at 7:00 AND ,ROLL CALL Board members present were Hash, Lopp, Dominick, Stephens, Sloan, Kennedy, and DeGrosky. Excused absent Board members were Fraser and Ellingson. There were 15 members of the public in attendence. APPROVAL OF Hash called for approval of the minutes for the MINUTES meetings of September 10 and October 20, 1992. There was a correction to the minutes of the September 10 meeting, on page 1, paragraph 5, noting that Oysten Boveng is an architect, not an engineer. it was moved and seconded to approve the minutes of the September 10, 1992 meeting, with the correction. All board members present voted ave. It was moved and seconded to approve the October 20, 1992 minutes as published. All members voted aye. REQUEST FOR Hash introduced a request by Tidyman's Inc. to change ZONE CHANGE / the zoning of property it owns described as a tract `BMof land in the E/tSection / 28 North, Range21West,M.P.M., Flathead -3 TOB-4County, MT, also known as Kalispell Market Place, from B-3 Communitv Business to B-4 Central Business. Staff Report Wood gave a brief overview of FRDO Staff Report #KZC- 92-3. On October 5, 1992, Kalispell City Council granted preliminary plat approval to Tidyman's Inc., which is a commercial subdivision, also known as Kalispell Market Place. The subject property is split by the B-3 and B-4 zone designations. The staff is recommending the zone change to B-4. Public Hearing There was no public comment, either for or against the proposed zone change. Discussion Sloan made a motion to grant Tidyman's request for zone change from B-3 Community Business to B-4 Central Business, and accept FRDO Report #KZC-92-3 as findings of fact. Kennedy seconded. The motion was carried unanimously. REQUEST FOR Hash introduced a request by Nadine D. Fincher to ZONE CHANGE / change the zoning of property described as Tract 5BA FINCHER in Government Lot 2, Section 7, Township 28 North, ^) R-4 TO B-1 Range 21 West, P.M.M., Flathead County, MT from R-4 Two -- Family Residential to B-1 Neighborhood Business. Staff Report Wood presented FRDO Report #KaC-92-2. The subject property is adjacent to a B-1 zone and has a history of 1 being used in conjunction with that property for commercial uses. The office has received some phone inquiries regarding this request, but no opposition was voiced. The staff recommends approval of the requested zone change. Public Hearing There was no public comment, either for or against, the proposed zone change. Discussion After discussion on the location of the subject property, it was moved and seconded that FRDO Report #KZC-92-2 be adopted as findings of fact, and the zone change be granted. Kennedy voted nay. All other board members present voted aye. REQUEST FOR Hash introduced a request by Flathead Industries to ZOD1E CHANGE / change the zoning of the property it owns at 305 3rd FLATHEAD Avenue East from RA-1 Low Density Residential to RA-3 INDUSTRIES / Residential Apartment/Office. The property is more RA-1 TO RA-3 particularly described as Lots 11 and 12, Block 62, Kalispell. Staff Report Wood described the request and presented staff report #KZC-92-4. The subject property is for sale with the intent to market this building as office space. It is presently a legal non -conforming use. The staff is recommending approval of the requested zone change. Public Hearing There was no public comment, either in favor or in opposition to the proposed zone change. Discussion Permitted and conditional uses for both zone designations was discussed. Parking requirements, and the intrusion of a business district into a residential zone were considered. The Board agreed it was important to maintain the residential integrity of the neighborhood. Motion Stephens made a motion to deny the zone change as requested from RA-1 to RA-3 for the subject property located at 305 3rd Avenue East, more particularly described as Lots 11 and 12, Block 62, Kalispell: Dominick seconded. The motion was passed unanimously. REQUEST FOR A request by Ronnie Pack to annex to the City of ANNEXATION & Kalispell a parcel of land described as Tract 1 in -the ZONING OF SE 1/4 of Section 12, Township 28 North, Range 22 West, B-3 / PACK P.M.M., Flathead County, MT. Concurrent with the request for annexation the Commission will consider a request by the applicant for a zoning designation of B- 2, General Business. Staff Report Wood described the request for annexation and presented a brief overview of FRDO report #KA-92-4. The request meets all the criteria for annexation, therefore staff recommends annexation of the property and assignment of 2 a B-2 zone designation. One phone call was received from an adjacent landowner, inquiring as to the intended use of this property. Public Hearing There were no public comments either for or against annexation. Discussion DeGrosky made a motion to accept report #KA-92-4 as findings of fact and recommend annexation of Tract 1 in SE4 SE4 Section 12, Township 28 North, Range 22 West, and apply the designation of B-2 zoning to said property. Kennedy seconded. The motion carried unanimously. REQUEST FOR Hash then introduced a request by Bob Soltis, Inc. to ZONE CHANGE / change the zoning of property he owns at 2549 Highway SOLTIS / 2 East, Kalispell from B-3 General Business to I-1 . B-3 TO I-1 Light Industrial. The property is more particularly described as Tract 1PAA in the NW 1/4 of the NE 1/4, Section 33, Township 29 North, Range 21 West, M.P.M., Flathead County, MT COS #1011. Staff Report Wood briefly described the request and presented FRDO report #FZC-92-6. The property is currently zoned B-3, but does not have highway access. It.is adjacent to established industrial uses, and is Master Planned for such a designation. An industrial use would generate less traffic than a business. Staff is recommending approval of the requested zone change. Public Hearing Gordon Zuelsdorff, representing the applicant, was available to answer any questions. There being no further comment, the public hearing was closed. Discussion Kennedy made a motion to adopt report #FZC-92-6 as findings of fact, recommending the zone change from B-3 to I-1. Sloan seconded. The motion was passed unanimously. Larry Dominick excused himself from the Board to attend another meeting. REQUEST FOR Hash introduced a request by Mirth E. Stedje to change ZONE CHANGE / the zoning of property described as Tracts 3+, 3H and STEDJE / 3F, in the NW 1/4 of the NW 1/4, Section 21, Township R-1 TO R-2 28 North, Range 21 West, M.P.M., Flathead County, MT, from R-1 Residential to R-2 Residential. Staff Report Wood gave a brief overview of FRDO report #FZC-92-5. The subject property is approximately 36 acres. The applicant is requesting .a higher density residential zoning from an R-1, one acre minimum lot size, to R-2, 20,000 square foot lot size. The character of the -'} neighborhood is rural residential , and is designated in the Master Plan as Suburban Residential. The staff is recommending approval of the zone change. Several calls of inquiry were received in the office. The Q callers were neither in favor or in opposition to the requested zone change. Public Hearing Mirth,Stedje, applicant and owner of the property, was available for questions. There being no further comment, the public hearing was closed. Discussion Lopp questioned the capability of the soils in the area to accomodate a higher density of septic systems. Staff responded that development will be determined by the ability to get septic approval. DeGrosky expressed concern regarding willow Glen Drive and its capability of handling excess traffic. After further discussion, it was agreed that the proposed zone change was in compliance with the Master Plan and compatible with the adjoining land uses. Lopp made a motion to adopt report #FZC-92-5 as findings of fact, and recommend granting of the zone change from R-1 to R-2. Stephens seconded. Stephens, DeGrosky, and Lopp voted ave. Sloan_ and Kennedy voted nay. Hash abstained from voting. The motion carried by a 3-2 vote. REQUEST FOR The final agenda item was a request by Buffalo Chip APPROVAL / Partnership for amended preliminary plat approval to PRELIMINARY create 48 townhouse lots and common area on property PLAT - described as Tracts 1 and 5+ in Section 31, and Tract BUFFALO SQUARE 5L in Section 32, Township 28 North, Range 21 West, TOWNHOUSES M.P.M., Flathead County, Montana, also known as Buffalo Stage and Buffalo Square Condominiums. Staff Report Wood presented FRDO staff report #FPP-92-23. In May, 1992, this Board approved a preliminary plat request for Buffalo Stage and Buffalo Square Condominiums. Subsequently, the partnership has decided to develop this property as townhouses rather than condominiums, thus requiring both state and local subdivision review. The density has decreased from 56 condos to 48 townhouses, and the land area has increased. The issues which were raised during previous public hearings resurfaced during review of this subdivision. The staff is recommending approval of the preliminary plat subject to 15 conditions as set forth in the report. No public comment had been received by the planning office prior to public hearing. Public Hearing The meeting was opened to all those wishing to speak in favor of the proposal. Ken Yackechak, one of the partners in the development, answered the Board's questions. difference between townhouses an ' reason for the change in plat. comfortable with the conditions although he pointed out that th e 4 along the road reserve could be saved. Mr. Yackechak assured the Board that all effort would be employed to save the trees as a barrier and to ensure that the neighborhood integrity be maintained. There being no further public comment, the hearing was closed. Discussion DeGroskv clarified his concerns regarding the shelter belt; (1) he feels its loss would adversely effect .the character of the area, (2) it provides non -game wildlife habitat, and (3) provides a visual screen from River View Greens. The ongoing problem with Whitefish Stage Road was discussed. The Board agreed that this was a quality development. Motion Sloan made a motion to grant approval to the preliminary plat for Buffalo Square Townhouses and adopt FRDO report #FPP-92-23 as findings of fact. Lopp seconded. All Board members present voted aye. OLD BUSINESS Lopp noted an after -the -fact observation regarding the Board's action on the Brigham Bed & Breakfast, which is located at 205 5th Avenue East, but the noticed landowners are located two blocks away. The adjacent landowners were not notified. Discussion followed on �\ the legal ramifications of this issue. Mr. Wood will consult the City Attorney regarding this matter. NEW BUSINESS The upcoming openings on the Planning Boards was discussed. Four terms on the Kalispell City -County Planning Board and Zoning Commission will expire on 12/31/92: Virginia Sloan, Therese Fox Hash, James Stephens, and Larry Dominick. Their intention to be reappointed must be submitted in writing to FRDO. Kennedy gave an informational presentation of the cooperative planning effort - Flathead 2020 - and the search for a planning consultant. The pros and cons of hiring a consultant were discussed. There is a broad representation on the coalition. The topic of extending the Kalispell's planning jurisdiction was again broached. ADJOURNMENT The meeting was adjourned at 8:30 p.m. APPROVED: Cu0 U��u 1021 j�o2 Therese Fox Hash, President lizabeth Ontko, Recording Secretary 5