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06-13-89 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING JUNE 13, 1989 CALL TO ORDER The meeting was called to order by Charles Manning, President, at AND ROLL CALL 5:35 p.m. Those present were Fraser, Manning, Furlong, Carothers, Stephens, Hash, and Hall. Those absent were Sloan and Robbins. David Greer, Senior Planner, represented the'Flathead Regional Development Office. APPROVAL OF MIN- Carothers moved to approve the minutes of the meeting held on May 9, UTES MAY 9, 1989 1989 as submitted. Stephens seconded and the motion passed unanimously. ADDISON SQUARE Manning introduced the preliminary plat application for Addison PHASE II PRELIMI- Square Phase II, a two -lot residential subdivision. The subdivision NARY PLAT is generally located off of Addison Square Road in the NW4 NW4 of Section 26, Township 29 North, Range 21 West, P.M.M., Flathead County, MT. Greer gave the staff report stating that the reason the Planning Board was holding a public hearing on this particular minor subdivision was due to it being the second minor subdivision created from the same tract of land and because the County Commissioners, in a previous review of a land division in this area, stated for the record that any further subdivision of property in this area would require a public hearing. Greer stated that the intent of this 'subdivision was to sell the area where a double wide mobile home is positioned. The property is 8.64 acres and 1.2 acres is being split off to go with the double wide mobile home. The public interest criteria were discussed. There has been a concern about the riparian boundary next to the creek adjacent to Lot 2. A boundary line adjustment has been done that sets the northerly property line back from most of the riparian zone. Overland water run-off should not be a problem. The soils are prime agriculture and can present problems for structures. Additional students that might be generated by this minor subdivision will incremently contribute to the capacity problems that Helena Flats school is having. The subdivision is in conflict with the agricultural uses in the area. There is concern for pedestrian traffic in conjunction with vehicular traffic on Helena Flats Road and Addison Square Road. There is no demonstrated need for this subdivision. The land divisions on this property began in 1986 with an occasional sale, followed in 1987 with a four lot subdivision. Two subsequent attempts to further subdivide were denied. The main concerns with subdivision in this area are the changing of the character of the area from rural to urban without urban services or amenities, groundwater contamination and depletion, safety concerns with the roads, additional pressure on the riparian boundary and wildlife habitat, conflict with the Master Plan and the establishment of a land trend contrary to the character of the area. The staff feels that the property owner has had reasonable use of his (D land and that this subdivision should be denied. 1 Public Hearing Manning opened the public hearing to comments from proponents. Richard DeJana, attorney for the property owner, issued a protest of conducting the public hearing citing that, even though there may be provision for this in the County Subdivision Regulations, state law says this should be treated as a minor, subdivision. If the hearing is conducted, the Board should give this subdivision the same consideration as given to any other subdivision request and that means applying the same standards as you apply to any other subdivision request. Even though it has been stated that this is a two lot subdivision all that is created is one additional lot. There being no other proponents, Manning called on opponents to comment. Joann Speelman gave a letter to Manning from someone who could not be present. She endorsed the recommendation of the FRDO and also endorsed the reasons given. She felt that the subdivisions done by Mr. DeVinney have gone a long way to alter the character of the area. In about one year a change has taken place in the area with the addition of about five manufactured homes. The road is narrow, the school is crowded, the wells are shallow, and septic systems can contaminate our shallow ground water. She requested that the board deny this subdivision as they have denied others in the past. Scott Palmer cited domestic dogs problems as severe and damaging to his livestock. Last year it cost him $700 to fix one of his cows following an incident with a dog. He said the current water level is 7 feet below ground and septic tanks will contaminate the ground water. He stated that one of the manufactured homes put in by Mr. DeVinney was built on a dump site which he discovered when attempting to rototill a garden spot for the resident. He felt that this should be stopped. Susan Dailey reiterated the remarks of Joann Speelman and Scott Palmer. The neighborhood has been trying to preserve the agricultural basis of the area and supported the zoning effort recently and endorsed a suburban agricultural designation that would have allowed for lot sizes of ten acres. This subdivision will divide a tract that is nearly compatible with the ten acre desire of the neighborhood and create two smaller tracts. If this subdivision is granted, we have a concern about what Mr. DeVinney's intentions are with the remainder 7 acre tract. Will they continue to do small subdivisions and occasional sales? If they do then it will end up to be the major subdivision that was originally denied to them. Where is all this going to stop? Gail Strohschein opposes this subdivision for all the reasons given plus the fact that there is no need for this type of subdivision. Barbara Williams stated that she purchased one of the lots from Alvin DeVinney and put a home on it. We have been to an attorney, the house �1 is falling apart, we are sitting on the garbage dump. The house is spreading apart, smashed windows, a water pipe broke in a bathroom, is i all the seals are broken over the windows and there is water pouring in. I don't want to see anyone else get stuck like we did. We paid l 1 good money for supposedly prime land. She invited the board to come home with her after the meeting because it is miserable. Joann Speelman gave Manning copy of litigation taking place concerning other property there. Manning read the letter submitted by Joann Speelman earlier in the public hearing written by Todd and Roxy Watkins who stated that they wanted the rural nature maintained and would desire to see the area zoned for 10 acres tract sizes as originally intended. Board Discussion Fraser asked why the property is designated as out of the floodplain and yet could have a flood situation? Greer stated that the property is designated as being in the 500 year floodplain and when a 100 year flood occurs the 500 year floodplain can expect to have 12 inches of water on the ground. Furlong wanted to know whether the hearsay evidence was that was submitted by Mrs. Speelman is being accepted as evidence for the Board. Manning asked Richard Dejana if this is relevant. He said that this is not relevant in that the person involved is not an owner of land in the area. Manning stated that that the Board needs to look at the subdivision of the land and the appropriateness of that under the criteria. He felt that it would not be fair for the Board to go beyond that scope. Furlong asked Greer about the County Commissioners decision regarding the holding of this public hearing? Greer stated that the Commissioners felt that, because of the previous subdivision and occasional sale which created the equivalent of five lots, any further subdivision 'of the property should be subject to public hearing. Hash felt that, since the proposed subdivision is not in conformance with the Master Plan and there seems to be a question as to actual need as well as the lack of public services needed for urban life styles, she would not favor approval of a subdivision for this property. Motion Carothers stated that based on the statement made by Hash he would present a motion to recommend denial of the preliminary plat application for Addison Square Phase II and also based on the findings of fact found in the "Discussion and Recommendation" section of the FRDO Staff Report #FPP-89-4. Furlong seconded the motion and the motion passed unanimously by the quorum present. DEVELOPERS DIVER- Manning introduced the next agenda item concerning a petition by SIFIED PLAN Douglas R. Johns, acting on behalf of Developers Diversified Ltd., to AMENDMENT amend the Kalispell City -County Master Plan as applicable to property generally described as being part of Tracts 1 and 3 of COS #5700, records of Flathead County, Montana. The petition specifically requests that the land use designation of a portion of the affected 3 property be changed from "Urban Residential" and "Medical" to "General. Commercial." The Plan Amendment is being pursued with the development of a Neighborhood Plan for the property. Greer stated that the property has a long history of litigation and conflict in which the court ruled that development in that area has to be in conformance to the Master Plan. Currently the land designation of the property is a mixture of medical, urban residential, and high density residential. Mr. Johns has requested a blending of commercial and high density residential. At the present time the property is not zoned. In discussions with Mr. Johns by the Flathead Regional Development Office, he was advised that a neighborhood plan would be more appropriate than a Map Amendment. The Plan would need to address access, preferred uses, architecture► landscaping, open space, utilities, etc. Mr. Johns felt that would be an acceptable approach to amending the Master Plan and has been working on drafting the neighborhood plan. The format would include goal statements, policy statements and strategy statements. He was advised to have the draft plan to the FRDO by the middle of last month so that it could be evaluated and submitted to this Board for review. Since we have not received that draft, it is felt that it would be appropriate to go ahead and hold the public hearing because it was advertised but to continue the public hearing to next month. Perhaps at next months meeting the neighborhood plan will be available for review. Public Hearing Manning opened the public hearing and called on comment from proponents of the plan amendment. Steve Slack, a college student, stated that he felt it would be an asset to the college community to have some commercial uses in the vicinity to answer the needs of the students and residents of the area. There being no further comments from proponents, Manning asked for comments from opponents. There were no comments from any opponents. Motion Carothers moved to continue the public hearing to the next regularly scheduled meeting of the Board in July. Fraser seconded the motion and it passed unanimously. Furlong stated that it has been of great concern since the Lantis Nursing Home took over a portion of the property owned by Developers Diversified, that there is no formal plans for internal roads and extension of water and sewer lines. He feels real strongly that any plan for changing the Master Plan must have a provision for the development of roadways, easements, utility lines etc. MERIDIAN ADDITION Manning introduced the question of zoning the Meridian Addition in ZONING Kalispell which is a plat of record and on file in the office of the Clerk and Recorder, Flathead County. Greer gave a report starting with background information concerning the Meridian Addition which has been in a state of limbo since 1977. H The property was zoned No. 2, Residential District under the 1947 ordinance but has not been rezoned according to subsequent zoning ordinances. Over time, use variances were granted by the Board of Adjustment that allowed the inclusion of various commercial and industrial uses to take place in an area which had been zoned residential. In choosing an appropriate zoning classification in 1977, the area was left without a new zone pending further study. There have been numerous proposals and the area remains unzoned under the current zoning ordinance (Ordinance 1110). None of the proposals were found acceptable to all concerned parties. Zoning works best when it provides a uniform pattern of development. A mixture of zones in a one block area cannot accomplish that objective. It is unrealistic to suggest that zoning districts can be separated by lot lines as opposed to streets, streams, terrain, etc. The area must still be considered as zoned No.2 under the 1947 ordinance. There was a tendency in the earlier proposals the try to zone the area for "conformance". The Kalispell City Council amended the 1977 section dealing with non -conforming uses which provided greater flexibility for non -conforming uses. This amendment was viewed as a means to resolve some of the concerns pertaining to the zoning of the Meridian Addition. The rezoning of the Meridian Addition to conform to current regulations is important because the current status is confusing to all parties, it is difficult to discern how to apply the provisions of an old ordinance to the properties, and this places a cloud on the title of the properties since it is unclear as to whether the current commercial and industrial uses can expand or even change use. No proposal will be found acceptable by all parties but rezoning should pose as a relief since it will establish a common ground and understanding for the first time in ten years. The city council initiated the action ten years ago and most recently the request to study it again was made in November 1987 by a council committee. The staff offered a proposal for evaluation purposes. The proposal is to zone Lots 4-16 of Block 1 and Lots 4-15 of Block 2 as Residential R-4 and to zone Lots 1-3 of Block 1 and Lots 1-3 of Block 2 as Neighborhood Business B-1. Any zoning established on the lots would r have to be in substantial compliance with the Kalispell City -County Master Plan. The lots designated as Neighborhood Commercial are fronting on Meridian Road. Manning explained the changes made to the Zoning Ordinance concerning non -conforming uses. Uses can be changed according to level of impact as determined by the Board of Adjustment and properties can be built back when destroyed by fire. Discussion followed concerning the lots that have been used as a parking lot by Forest Products when the mill was in operation. Greer explained that if the lots were within 500 .feet of the mill use then those lots could be used as parking for the mill. A business could not be constructed on the lots used for parking. Vacant lots with no use must conform to the zoning. There is also a 180 day rule for non -conforming uses. A parking lot in this case would not be a primary use but rather an accessory use to the mill and would not establish the primary use of the lot as business. Greer added that nothing is grandfathered unless it was legally there to begin with. 5 Public Hearing Manning opened the public hearing to hear comment from proponents of zoning Meridian Addition. Question was raised as to whether this public hearing was to be based on the proposal from the Planning Staff. Greer stated that the legal notice asks for comments from the public on how the area should be zoned but added that the Flathead Regional Development Office recommendation would be a good basis for comment. Larry Lee gave some history behind the old Meridian Dairy building and uses of that building over the years. Currently the building is being used for automobile parts storage. He stated that most of the Meridian Addition is commercial/industrial and there are a few houses. He felt that a commercial type of designation would be most appropriate and the highest and best use of the properties in the area. Chuck Houston stated that he owns a residence in the area. Mr. Houston gave a detailed history of when the Meridian Addition was taken into the city and that it was originally zoned residential. He felt that the area was still residential as the old zoning had not been replaced. The Meridian Addition was platted for residential purposes. Mr. Houston explained the history of how the various businesses and industrial uses came to be in the Meridian Addition. The blunders began with the granting of use variances. He felt that this Board had a chance to straighten out the matter and zone it residential. He said that he felt that the Board should bring it back to what the plat was designed to do in the first place. He felt that it is unnecessary to keep hashing this matter out. Steve Slack spoke on behalf of Mr. Getz. He felt that as long as the businesses are able to exist and be grandfathered he has no problem. He felt that the vacant lots in the area could conceivably be residential. He agreed with the proposal of the FRDO staff. Steve Rasor, representing School District 5, asked the Board to consider the safety situation. With an encouraged increase in commercial or industrial uses the traffic will increade and have to mix with the increased pedestrian traffic on Meridian Road. The school has doubled in size in the last two years. Student safety was his main concern. Jeff Houston stated that his main concern is that if it is zoned anything other than residential, as it is now, the Board would be doing some piecemeal zoning. He felt that R-2 would be a good zoning designation. He added that he has no problem with the mill and the vacant lots being used as a parking lot. He said that the neighborhood is very quiet and all the businesses there except one is a 9 to 5 type of business. Dave Greer stated that Mr. Arnoux called the office indicating that some sort of zoning was needed but he wanted zoning that would allow him to keep his lawn ornament business. 2 There being no further proponents, Manning called on comments from opponents of zoning Meridian Addition. Nancy Kostman, representing Forest Products, stated that the area west of the railroad tracks (sawmill site and O'Neil Brothers farm) has been zoned heavy industrial. This should be a consideration. Recently in the newspaper it was stated that the railroad tracks that go past the mill site will not be abandoned. The railroad tracks will be abandoned up to the railroad trestle (near where Foy's Lake Road crosses). The tracks will be allowed to remain from the trestle north in order to service the industrial site on the west side of the tracks. Of thirty one lots in the Meridian Addition, 26 of the lots are currently owned by businesses or being used by businesses. If the area is zoned residential, almost everyone will be non -conforming. We would prefer an Industrial I-1 or possibly a B-5 Business zone. Marilyn Bain stated that she would like to see this zoned but have it done in a reasonable manner. People have bought lots here for the purpose of conducting business and they will be hurt if they are told they can only use the lot for a single family residence. She spoke to a couple of realtors asking if the area is zoned residential could the lot be sold. The realtor felt that the lots could not be sold in that case. It was felt that a bank would not loan for residential purposes. Chuck Houston stated that the area was designed to be residential. Jeff Houston stated that he has a bank loan that he got in 1979. Carol Baldwin stated that the lots were designated residential when they were purchased and those that purchased them knew this. The allowance of business or expansion of these businesses will only further impact the residences by depreciating them. She felt that the area should be cleaned up and made residential because it is close to schools. It is an ideal residential neighborhood location. Larry Lee felt that the area is going through a transition. There being no further comments, the public hearing was closed. Board Discussion Manning instructed the Board that they could come to a consensus tonight or go to the area and view and sit down at a planning session to discuss the matter. Carothers asked if there were members of the Board who favored the staff recommendation? Hash asked if the businesses fronting on Meridian Road would be covered under the B-1 zoning designation? Greer stated that there are a couple of industrial uses and a couple of general business uses. The houses associated with the general business uses would be non- conforming even if the area were zoned for general business. Hash felt that because of the mixed uses and that the B-1 zoning would make everything on the lots fronting on Meridian Road non -conforming that it would be better to zone the whole thing residential. 7 Greer stated that the land use master plan designates the area as urban residential and zoning must be in substantial conformance to the master plan. The Neighborhood Business zone is the only business zone that would comply with the Master Plan. Unless the Master Plan were amended there is not a lot of flexibility for other types of zoning. Fraser stated that since the area is near the school and park and there is a B-1 type use just north of the area he would support a residential zone for the area. Motion Fraser moved to recommend a Residential R-4 zoning designation for the entire Meridian Addition. Carothers seconded the motion. Furlong felt that the recommendation of the FRDO staff would be better. Furlong asked what kind of zone would have to be placed on the lots that front Meridian Road to accommodate the locksmith and the lawn ornament business? Greer stated that the locksmith and lawn ornament businesses are not allowed in B-1 zoning. Hall felt that the residential zoning was good and all the businesses that exist are allowed to remain. Greer added that with the new section on non -conforming uses, if the business burned down they would be allowed to rebuild what they had before and they could change the use as long as it did not impact the neighborhood more than the old use. Hash felt that the residential zoning would be good. Question The motion passed with Manning, Hash, Carothers, Hall, and Fraser being in favor of the motion and Furlong and Stephens opposing. The motion carried. Motion Hash moved to adopt the findings of fact found in the FRDO Staff Report #KZC-89-2 as relevant to the R-4 discussion. Fraser seconded the motion and it passed unanimously. WORK PROGRAM Manning asked Greer to give a report on what is being proposed for 1989-1990 the work program for the 1989-1990 fiscal year. Greer stated that there are five proposed projects for the work program. The proposal is 1) text revisions to the Kalispell Zoning Ordinance, 2) zoning of Evergreen and vicinity, 3) Kalispell'Sign Ordinance, 4) create a neighborhood plan of North Meridian, and 5) coordinate with the Department of Highways on intersection location and design for Highway 93 North. Carothers asked about the possibility of there being readable road signs installed in the County areas so that people new to the area can find their way around. After brief discussion, the Board asked Dave to draft a letter to the County Commissioners concerning this matter. 9 Motion After a brief board discussion on the work program, Manning recommended the Board approve the five projects for their work program for the next year. Carothers seconded it and the motion passed unanimously. OLD BUSINESS Manning called on Clete Daily to present and update on his previous report concerning the new FVCC school access. He stated that the draft report is finished on this project. The north access will be immediately at level c and there will need to be a signal at the Grandview Road intersection with Highway 93 immediately. Also, there needs to be a right turn deceleration lane to leave Highway 93 at the Grandview Drive intersection. There needs to be left turn lane on Grandview to accommodate traffic entering the campus site. The expense of installing the acceleration and deceleration lanes will not be a lot of money but the signal needed at the Grandview intersection will cost about $80,000. Traffic counts were just finished on the access points to Highway 93 north of Conway Drive and they are just beginning to analyze them and hope to have a draft report by the end of July of the entire study. NEW BUSINESS ADJOURNMENT None. There being p.m. Charles ManniM' President Approved: a no further business, Manning closed the meeting at 7:50 Ava Walters, Recording Secretary 9