09-10-91 Planning BoardO
KALISPELL CITY• -COUNTY PLANNING BOARD AND ZONING ADMINISTRATION
MINUTES OF MEETING
SEPTEMBER 10, 1991
CALL TO ORDER The meeting was called to order by Therese Fos Hash,
AND ROLL 'CALL President, at 7:00 p.m.. Those present were hash, Dominick:,
Stephens, Gould, Lopp, Sloan and Kennedy. Absent were
Manning and Fraser-. David Greer, Senior- Planner,
represented the Flathead Regional Development Office.
APPROVAL OF Hash called for approval of the minutes of August 15, 1991.
MINUTES OF Lopp so moved and Sloan seconded the motion; it was
SEPT,10, 1991 passed unanimously,
HAWKINS ZONE Hash introduced the request by Harvey i. Hawkins to amend
CHANGE REQUEST Jhhe Willow Glen Zoning District (Flathead County Resolution
No. 654A) by changing the zoning classification of a tract
of land from Light Industrial I-1 to General Business B-73
(Exhibit A) and Residential R-1 (Exhibit B). Has asked
David Greer to give the staff report.
Greer gave the staff report, stating that the zone change
request involves the Willow Glen Zoning District, and the
property is located at the corner of Twin Acres Road where
it intersects with U.S. Highway 73. Greer stated that the
property at present is zoned Light Industrial 1-1; he
further stated that the industrial zoning happened as a
compromise when it went to the County Board of
Commissioners, as this was the first zoning district that
was created outside of the City limits, and that the
landowners requested this zone classification even though it
did not appear- to be in conformance with the piaster Plan.
Greer- stated that the applicant is requesting that part of
the property be zoned General Business. B-3 and that a small
corner of the property be zoned Residential R-1. Greer
stated that a Light Industrial zoning classification is a
land intensive classification that could maize heavy demands
on the public infrastructure. Greer stated that in
comparison the General Business B-" zoning classification is
much more appropriate in that it would provide a better
entrance approach to Kalispell; he stated further that there
is no public water or sewer" facilities in this area. Greer
stated that the proposed residential portion adjoins a
residential subdivision along Train Acres Road and felt that
this would be a good transition to the B-3 zoning, which
would have highway frontage. access. The staff recommended
that the zone change to B and R-1 be approved.
Public Hearing Hash opened the greeting for comments from the proponents of
the zoning change request.
Harvey J. Hawkins spoke in favor of the zone change request,
stating that the previous week: he had been granted a
conditional use permit to operate a mini storage, and also
wished to build a. residence an the property,
There being no other proponents, Hash called for opponents
to the zone change. There were no opponents and the public
hearing was closed.
Board Discussion Kennedy asked Greer if the hack portion of property would be
R-1. Greer stated that yes, the southeast would be R--1,
and a 10 + feet of frontage along Twin Acres; the total area
mould not be quite an acre of land, but that a portion of B--
would extend back to the easterly property line.
Lapp asked how deep that section would be and what would be
the north/south dimensions of the B portion. Greer
replied that it world be approximately 103 feet and asked
Harvey Hawkins for confirmation. Hawkins stated that the
north border- is 505 feet deep and 105 feet on the east side
where the R-1 property begins, the R-1 property is
approximately 150 feet by 125 feet and approximately 150
feet of frontage on Twin Acres Road.
Lapp asked if the total would be approximately one --half
acre. Hawkins replied that the B-T would be approximately L
acres and one-half acre for the R-1; the B would have 270
feet of frontage on Highway 93 and come down 120 feet along
Train Acres Road.
Bill Gould asked Greer about the traffic congestion, and if
the B•-3 would have less traffic_ than industrial use. Greer
stated that it was a good possibility because of the
different uses but comparison is difficult without knowing
the specific uses. The mix of traffic for "industrial" is
usually trucks versus automobiles, and gaining access onto
the highway with trucks may create more congestion than
would be created by a retail business,
Gould asked Hawkins to state again what businesses he was
proposing to have on the property. Hawkins stated that he
planned to have two (2) 120 foot mini storage buildings and
have a. used car business (usually a maximum of 15 vehicles)
which would include a maintenance shop, and sales office.
Gould asked if these uses were not allowed in light
industrial zone. Greet- replied that mini storages were
allowed in both B-3 and 1-1, but a zone change to B-3 was
necessary to accomodate the auto sales.
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Lapp asked what acco,modations there would be for the
industrial waste generated by these businesses, in
Particular the auto repair shop. Greer replied that at
present in an I-1 zone paint and body shops are allowed and
in a B-3 zone auto service stations are allowed. Greer
stated that the City of Kalispell would issue any building
permits and at that time the City could inquire as to how
the oils and gases that may be generated would be disposed
of; also, State regulations would be in effect as to
disposal of hazardous waste materials through the County
Disaster and Emergency Services Office.
Gould asked about the filling of a. low area and whether it
was only a low area or a wetland. Hawkins replied that it
was only a low area; he stated that Mr-. Lockhart from the
U.S. Fish and Wildlife Department and the Mr. Mclnery of the
Army Corps of Engineers in Helena felt that it would not be
a problem to -fill •the low area and that it was not a
wetland. Greer confir••med that the low area dues not exhibit
any characteristics of a wetland„ and the low area is
another reason the site may be more appropriate for
something other than light industrial.
Motion Kennedy moved to adapt the findings of fact found in FRDO
Staff Report #FZC•-91-6 and to recommend approval of the
zone change request •from I-1 Light Industrial to General B•
and Residential R-1 in the Willow Glen Zoning District.
Sloan seconded the motion and it passed unanimously on a
0 roll call vote.
TONKINSON ZONE
Hash introduced
the next agenda
item of
Tom Tankinson
CHANGE REQUEST
request to amend
the Evergreen and
Vicinity
Zoning District
B-1 TO R-5
by changing the
zoning classification
of
a. tract of land
described as being
Lots 2, 3, and 4
of Black.
3, and Lots 3,
4 and 5 of Mock:
6 of First Addition
to Larson's
Acres, from
Community Business
B-4 to Residential
R-5.
Lisa Rice gave the staff report, calling attention to the
wall map of the proposed zone change and stating that the
zone change request is in conformance with the Kalispell
City• -County Master Flan. Rice stated that actual
development potential of the property is vacant Lots 3, 4
and 5 of Block: 6 and that development would be a single
family residence, single mobile home or duplex and would
have to be approved by the City -County Health Department and
Flathead Regional Development Office. Rice •farther stated
that the property does lend itself to a residential use, as
it abuts and existing R-5 and R-3 zone and that the R-5 zone
change, which would divide an existing B-4 zoning
classification, but would still allow the B-4 zone to retain
its frontage on LaSalle Road and limit the traffic an
Ridgewood Drive.
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Public Nearing hash opened the meeting to pubIJ.c comment and calle for -
proponents to speak:.
Deborah Du5hawn introduced herself, stating she Iives at 220
Ridgewood Drive and was representing Tom Tonk:inson.
DuShawn stated that Tonk:inson originally wanted to put an
RV park on the property and if that was not possible, they
would like to have it remain a: B-4.
Nash asked DuShawn if they wished to withdraw the request
For a zone change. DuShrawn replied yes, if they could not
have approval for an RBI par[..-.. Rice explained that a text
amendment request was to go before the Flathead County
F`lanning Board the following evening, and that the Fire
Department head recommended denial of the request. Greer
recommended that action should be taken an the zone change
request any way, in the event that the Flathead County
Planning Board, did taste positive action on the text
amendment request.
Lapp stated that the request should be tabled until the next
meeting of the Kalispell City -County F:lanning Board on the
basis that until the request for a text amendment was acted
on by the Flathead County Planning Board the following
evening, the Mould feel uncomfortable acting upon the zone
change request without knowing the outcome of that ,i,eeting.
Nash called for any other proponent comments. There were no
Jother proponents wishing to speak. Therefore, Nash opened
the ,greeting, calling for comments from opponents.
Joe Johnson of 15 Meadow Lark: Drive stated the property in
question was directly behind his, and that he was told (10)
years ago when he purchased his property that it would
al ways remain a park:, and that he feels it should stay that
way.
Nash stated for the record that a letter- from Mrs Joe
Johnson was received that evening and she reiterates Mr.
Johnson's belief that the property behind them, Lots 3, 4
and 5 of Block: b, was to remain a park: and she wishes to
speak: against the zone change.
There being no farther public comment, Nash closed the
public hearing.
Motion Lapp moved to table the zone change request until the neat
meeting. Kennedy seconded the motion and was passed
unanimously in a roll gall vote.
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COUNTY VIEW Bash then introduced the request by Jack Endresen and Frank;
ESTATES Strickland and Ron Gipe for preliminary plat approval of
Country View Estates, a 64-lot residential subdivision. The
proposed subdivision is generally situated adjacent and
northerly to Country Estates Subdivision.
Greer gave the staff report, calling attention to the reap on
the wall. Greer stated that there would be 54 lots, each at
least one-half acre in size, on approximately 51 acres of
land. Access is off Garden Drive or Ranch Road through
Country Estates Units f and 2. Greer stated that Country
'view Estates is "linked" with Country Estates 1 and 2 in a
variety of ways, in that it was all Master Planned at one
time and they share the road system. The new roads will be
private, the water system will be public and each lot will
have an individual septic system. Greer stated that the
area is currently zoned Residentiva.l R-2 and the subdivision
is in conformance with the Faster Elan. The seater- system
will be the Flathead Utility Company, and the developer
intends to add the infrastructure and another well to serve
this phase, which will be bought back: by Flathead Utility
Company on a contract basis. Greer stated there is a
floodplain associated with the Stillwater River, but it
should not pose any significant problems to the
subdivision. Some of the hazards of the subdivision is the
topography of several of the lots, Lots 19 through 22, 33,,
37 and 3Q and also the homeowners' park. Each lot will have
safe access onto the road system; there are no sidewalks
proposed for separation of vehicle or pedestrian traffic.
There will be approximately 3B4 daily vehicle trips
generated, which would enter through Country Estates l and
2.
Greer stated that the Sheriff's Department has some concerns
regarding the signaled intersection at Reserve Drive and
Highway 93. The Highway Department stated that when the new
highway is put in the intersection should not be a. problem.
Some landowners have some concern regarding the narrow
entrance roads, and they are not flared or widened as they
approach Reserve Drive.
Greer said that grading plans of several lots should be
reviewed, and that a development plan for the park: should be
reviewed because the slope on the park: site is often over
30%.
Greer commented on each of the proposed conditions of
approval as set forth in the staff report, .
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Public Hearing Hash opened the public hearing calling for comments from
proponents.
Jay Billmayer; engineer, stated that the new subdivision was
not deviating from the covenants of Country Estates 1 and 2,
except that the required size of the dwellings had
increased.
Billmayer- was not opposed to most of the conditions, but he
expressed concerns on several: Condition #2 - no need for
curbs; Condition #i •- no need for the extension of Garden
Drive past Country Estates #1 and 2 into Country View
Estates; Condition #a - opposed to sidewalks and
landscaping; Condition #9 - a. jugging trail is proposed, no
lake in the basin, and was surprised that the County was
opposed to taking six {h) acres with 300 ft. of river
•frontage as park: land; Condition #10 - pro -rate the land
area taxes to all landowners; Condition #16 - opposed the
25' floodplain corridor- and not being able to clear brush,
etc, will make it a vegetative blockage from the proposed
lot sites; Condition #17 - that the homeowners associations
of Country Estates 1 and 2 and Country View Estates be
merged only if mutually agreeable; Condition #19 - that
requiring zoning compliance approval being part of the
covenants is not acceptable; Condition #21 - does not want
to leave a remainder for parking or storage; Condition #22 -
_ does not -Feel the utility easements should be strictly along
�) the rear of the lots, but be placed where the utility
companies want theme
There were no other proponents wishing to speak: and Hash
called for comments from opponents.
Several people living near the proposed subdivision, on
Highway 93 North, expressed concerns regarding Billmayer's
statement that the vegetation along the river could be
cleared, as this vegetation provides homes for various
wildlife, and also regarding the fact that the septic tanks
will be in close proximity to the river; other- concerns are
the •fact that some of the lots are in the flood area and
should be eliminated, the banks of the river are very
fragile and may cave in.
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Bete Nelson, a resident of County View Estates, is basicall;,
_. for the subdivision, but expressed rconcernst-eya.r ding the'
water and runts the new well put in before the rest of the
subdivison is built. Nelson also was concerned about the
entrance traffic problem, as there is a lot of pedestrian
traffic inside the subdivision, and that sidewalks will not
solve the problem; the two entrances should be widened to
permit better- ingress/egress. Nelson stated that Garden
Drive should be extended into Country View Estates, as there
is still enough land to provide a. buffer between homes and
the road; that there should be an on -site pars. developed
-that can be used by the residents.
Tom Wiggin, of 254 arbour give, also expressed his concern
regarding the safety of the two entrances because they are
too narrow.
Fick: Hawk: expressed his concern regarding the impact on
wildlife.
Debbie Jones, of 152 Trailridge Road, stated that the roads
are a problem with the increase in foot traffic and bike
riders. ,zones stated that she would like to see the park:
land filled in and developed fully, instead of having only a
track: around the park: land; the extension of Garden Drive
could be built to benefit the park:. Jones has concerns
regarding the wording of some of the covenants, such as the
`) square footage of the proposed houses may be too small and
the quality of the homes to be built.
There was a. concern voiced about the groundwater- rights,
and hoar the new well may affect other nearby hells.
Terry Farmer, of Arbour Drive, stated the most important
issue to him was the two entrances which need widening.
Debbie Jones expressed some concern regarding the
contamination of the water system; also that there are still
1 -20 lots undeveloped, and if the subdivision goes in there
may be a large influx of homes being built and cause the
property values to fall.
There being no other opponents, Hash closed the public
hearing. There was a. call for a five minute recess.
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Board Disscussion The meeting was reconvened and Hash opened the hoard
discussion.
Stephens asked Billmayer or Frank Strickland if they could
respond to some of the concerns expressed by the opponents,
Strickland responded that the most important issues in terms
of priority were the approaches, which should be widened and
flared with a radius approach; secondly, that Garden Drive
should not be extended as it will only serve a few lots;
thirdly, the sink hole should be cleaned up, with the
natural landscape left in place, and a walking trail built
around the perimeter. Strickland stated that in regards to
the individual septic systems, they are approved by the
County Sanitation Department and will be checked to see that
proper drainage is available so as not to contaminate the
river; if the lot can't support the septic system, that lot
will not be used.
Sloan stated that there would be far less impact on Country
Estates 1 and 2 if Garden Drive was extended.
Kennedy asked if 24 feet would be a sufficient width for the
roads. Wiggins replied that it was. Jones stated that
Trailridge Road was 22 feet wide. Kennedy asked what width
would be adequate if Garden Drive was the access. Greer
replied that 24 feet minimum with flaring would be adequate.
Billmayer stated that the entrance roads could be widened to
( ) 28 feet and the radius' would be expanded to improve turning
-- at the entrance off West Reserve Drive.
Kennedy asked Greer to explain rolled curves. Greer relied
that there was 53 acres of property and there is probably
enough room to accomodate the drainage. Rolled curves are a
benefit in terms of directing flow of water, defining
parking, and protecting pavement edge.
Gould asked what the covenants were for the existing
subdivisions. Strickland explained that there were
covenants and the homeowners' association was made up of the
original six owners of the development. . The lots that were
later bought from the original six owners have covenants,
but there is no incorporated homeowners association for
It -he existing lots in Country Estates 1 and 2.
Hash asked Greer if it would be acceptable if the homeowners
in 1 and 2 had wide approaches instead of side walks, and
eliminating the underground irrigation system for
landscaping from #8. Greer replied it would be a good
compromise.
V.,
r Several members of the board expressed concern regarding the
park: land area. Ian Stout commented that she has lived in
0 Country Estates for 2 years and the park: land is used
constantly by children and is a good access to the river.
She stated that it was important that there is a natural
environment in the pars: as opposed to tennis courts, etc,
Lapp stated that a master plan of the park: area should be
submitted and approved by the staff and a committee formed
by the current homeowners, developers and FRDO. Could
suggested that the last sentence in #7 be eliminated, but
that a usable park: be developed.
Kennedy expressed concern regarding the water system
in 1 and 2 and the homeowners not wanting any more of a
pull from their systems by the new subdivision; could a
statement be added to #14 that says to be completed prior to
structures being built.
Kennedy pointed out that the covenants state all RV's,
boats, etc. must be screened from view, so #21 should be
eliminated.
There was board discussion on ##17 regarding the homeowners
association - should it be voluntary. it was decided that
the homeowners association be incorporated and 'include
participation of Country Estates i and 2.
Motion Kennedy moved to adopt the Country View Estates Subdivision
U Report #FPP-011-28 as findings of fact and the
recommendations with these changes:
Item 1 remains the same; Item 2 is removed; Items 3-7 remain
the same„ Item 8, that the approaches to Garden Drive and
Ranch Road be widened to a width of 21 feet to Arbour Drive
with low ❑rofile liahtinn! Ttpm 9. Pliri,in;4fr— f-ha 7aaf-
sentence; Items 10-20 remain the same; Item 21 is deleted;
Item 22--25 remain the same. Lapp seconded the motion.
Hash moved to amend the motion made by Kennedy to eliminate
Item 16. Gould seconded the motion.
Question Question was called on the amendment. Kennedy voted no,
Sloan voted no, Lapp voted no, Gould voted yes, Stephens
yes, Dominick: no, hash yes; the amendement failed.
Quest ian Question was called an the original emotion and motions was
passed unanimously by roll call vote.
OLD BUSINESS Greer stated that the FRDO staff was working on the Airport
Neighborhood Flan.
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J NEW BUSINESS Greer announced that he was not a half-time planner and job
sharing with Lira Rice. Their primary duties would be in
the 'Kalispell City -County jurisdiction,
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Kennedy stated that the Kalispell City Council decided to
file a. lawsuit in regards to Ashley Business Park:,
ADJOURNMENT Kennedy moved to adjourn and Sloan secanded the motion.
The meeting was adjourned at 10: 12 p.m.
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Therese Fox Hash, President Sandie Mueller, Recording Secretary
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