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12-13-88 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD & ZONING COMMISSION MINUTES OF MEETING DECEMBER 13, 1988 CALL TO ORDER Vice President Hash called the meeting to order at 7:10 P.M. AND ROLL CALL Board members present were Hash, Robbins, Furlong, Reynolds, Stephens, Hall, and Fraser. Board members absent were Sloan and Manning. David Greer, Senior Planner, represented the F.R.D.O. Four people were present in the audience. APPROVAL OF The minutes of the meeting of November 10, 1988, were approved as MINUTES presented on a motion by Hall, second by Fraser, with all board members present voting aye. REQUEST FOR Hash introduced a petition by Pack Brats, Inc. to change the ZONE CHANGE - County zoning classification of a tract of land from Residential PACK BRATS R-1 to General Business B-3. The subject property is located within the West Side Zoning District and is more particularly described as being Tract 2 of COS #7420 in the SE4 SE4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Hash asked Greer for the staff report. Greer called the board's attention to the wall map and pointed out the general location of the subject property. He stated that the zoning of the abutting properties within the City limits is B-2 and the applicant is requesting B-3. He pointed out that the County B-3 zone is essentially the same.as the City B-2 zone, so essentially the same zones would adjoin each other if the zone change is allowed. Greer said the subject tract is in the County and within the West Side Zoning District and is zoned Residential R-1. Greer said the reason for the present R-1 zoning is that this tract adjoins other county property along Appleway Drive which has a rural character at this point in time; that in this instance, County R- 1 is primarily a holding zone pending more intensive development that would need services and annexation into the City limits, at ,which point it would require City zoning.. He stated the applicants have, asked that that particular tract, which has access from .Highway 2, be zoned B-3 to allow some sort of business use of" the property. Greer reviewed the 12 statutory criteria, stating the requested zone does conform to the adopted Master Plan's commercial designation. He said since the access to the property is from Highway 2, the expected increase in traffic due to a business use could be adequately accommodated by the existing highway network. And that regardless of the zoning, the property would still retain public services such as police and fire protection. He .pointed out the property is suitable for commercial uses because of its flat terrain, and that the floor area ratios, parking and height restrictions of the zone will ensure there is adequate light and air and there is no overcrowding of the land, and that that particular property is more influenced by highway commercial uses as opposed to rural uses. Greer said that the staff feels the property is more suitable to commercial uses as opposed to residential uses and the staff recommendation is that particular tract of land be changed from County R-1 to County B-3 zoning. Public Hearing Hash opened the public hearing, first to proponents. Bernice Jones Hunt, an adjoining landowner, questioned what would be placed on the property. Hash stated the board does not know; the zone change would allow a number of commercial uses. Hash recommended Hunt discuss the proposed allowed uses with the F.R.D.O. Hunt questioned how the property would be accessed; Hash replied the most reasonable access would be from Highway 2. Greer confirmed the Highway 2 access via a one-way looped road to the property. Hunt questioned the extent of the zone change and was told by Greer that one tract of land was involved in the request. Hash called again for proponents, and then for opponents. There being no additional comment, the public hearing was closed. Board Discussion Furlong said he didn't know if it would be entirely accurate to say the board didn't know what the property would be used for, as it seems it is currently being used. He said there must be about 80 Ryder rental trucks parked in the area. Greer stated that unless the zone change is granted, those trucks are not legal uses for that property. Greer stated that what staff evaluates in all their staff reports is not what use will go on the property, but whether the property is suitable for the zoning classification requested. Greer said if the zone change is approved, Ryder Truck Rentals is an appropriate use of the property in the zone. Furlong pointed out that this board and the City Council had found themselves in a situation previously where Ryder Truck Rentals had been an illegal use in a zone, a text amendment was approved, and a Conditional Use Permit granted to allow them to stay. But, Furlong said, none of the conditions of the Permit had been met to date. He expressed strong concerns about the board having to be reactive versus planning ahead. A discussion followed regarding why the property had been zoned Residential R-1 even though it was designated "commercial" on the adopted Master Plan of the area, with Greer explaining that because services were not available to those properties bordering more intensive uses, they had been zoned Residential R-1 as a holding zone. Then when more intensive use was proposed, the need for services would presumably lead to annexation into the City, when a City zoning designation would be adopted which would comply with the Master Plan. Greer stated that in this instance, v the applicant was leasing out the property and had apparently found a commercial use which did not require services and therefore did not initiate annexation to the City at this point. At Furlong's question, Greer explained that the police and fire services available to the property prior to annexation would be rural fire districts and the County Sheriff's Department. Robbins asked who is responsible for policing the zoning. Greer 2 replied that the F.R.D.O. acts as Zoning Administrator for Flathead County, and having become aware of the trucks parked on the property, advised the property owner, and this request for zone change is a result of that contact. He further stated that if the zone change is not granted, the truck parking would be in violation of the zoning and would have to move. Greer further explained that there is presently no building on the property and none proposed in the immediate future; Ryder Truck Rental would continue to operate from a desk at Firestone. Ryder Trucks may appear from time to time at Firestone for purposes of maintenance. Motion Stephens moved that the staff report be adopted as the board's findings of fact for consideration of the zone change; Reynolds seconded. All board members present voted aye on a roll call vote. Motion Reynolds moved to recommend approval of granting the zone change from County R-1 to County B-3. Stephens seconded. On all roll call vote, all board members present voted aye, except Furlong who voted no. Greer stated the petition and the board's recommendation would now go to the Board of County Commissioners for a final decision. DISCUSSION - Hash introduced the continuation of discussion on the process of ANNEXING annexing County "islands" within the city limits of Kalispell. COUNTY ISLANDS OWITHIN CITY Greer gave a handout to the board members and explained that Page LIMITS OF 1 outlines the tasks, Page 2 gives the tentative time frame, Page KALISPELL 3 is a flow chart, and Page 4 details some of the costs. Greer reviewed each of the tasks, which he said seem simple, but that is not the case. For example, he pointed out that the city limits appear different depending on whether you look at the Plat Room version or the City version. Once the properties that are not in the City are verified, the uses within each island have to be identified that may not be subject to annexation, i.e. industrial or agricultural uses. Greer stated that investigation shows that if an industrial use is identified within an island, that does not preclude annexing the whole island, but excludes only that portion of the land identified as industrial. He gave a brief review about the Pacific Power & Light property on Meridian. Greer said the next step would be preparation of the legal description and then a list of freeholders' within that description. Then the Extension of Services Plan for the City of Kalispell must be augmented. He said the City Attorney is checking whether or not the Plan which F.R.D.O. compiled has been adopted. However, that Plan may be out of date and each island will have to be addressed. Fraser asked what would happen if 9/10ths of the services do not exist. Greer said that the Plan would have to detail what services, over a period of time, would be provided and how they would be financed. This extension of services plan would be subject to Council review before 3 adoption. Greer stated that as the background information is gathered, at some point the City Council must adopt a Resolution of Intent to Annex. After the City does that, the landowners would have to be notified and a notice has to be placed in the newspaper. Concurrent with this, the Planning Board will have to follow up with recommendation for zoning of the islands, which would be subject to public hearing, and then to the Council for final consideration for zoning of the islands. Then the zoning is meshed with the annexation and a final resolution of annexation must be adopted. Greer stated that he hoped to have the "islands" identified before the next Planning Board meeting and in February have the legal description and the names of all freeholders, as well as the completion of the extension of services. Then, in March hold the public hearings, with April finishing up the project. Greer went on to review Pages 2 and 3. He explained Page 4, by stating that when legal descriptions are prepared, the Plat Room is responsible for holding all the recorded documents which determine what is inside the City limits. The Plat Room has advised that it would take several months, working as time permits, for them to prepare the documentation needed to determine which properties are outside of the City within the islands. Greer stated that one of the local title companies had submitted a cost for doing 14 islands and that the charge would be a maximum of $1,500, but might be closer to $1,000. He explained that the title companies had this type of information in their files and it would be much easier and faster for them to provide the information. He said that the Council would have to determine if the City would pay the title company fee. Greer said the Planning Staff's responsibility would be to coordinate completion of all the tasks. OLD BUSINESS Greer advised the board that the public hearing before the County Commissioners had been held today and that the only people who attended were homeowners from the Hillcrest Estates area who were concerned about the O'Neil lumber property being started up again, which hasn't operated since about 1981. He said the O'Neils are trying to sell the property and the homeowners don't want a 24-hour operation next door to them. Greer said that the Commissioners did adopt a Resolution of Intent, with a 30-day protest period to begin when the first legal notice appears on December 22nd. Then at the end of January, they would act on adoption of the District. The Hillcrest Estates property owners and the O'Neils will try to work out an agreement, and there may be some minor zone changes based on public comment. NEW BUSINESS Reynolds questioned if the board had to act on a member -at -large for the next year; Greer replied yes. Reynolds moved that Chuck Manning be elected member -at -large; Fraser seconded. All board members present voted aye on a roll call vote. Greer explained that the City Council and the Board of Commissioners would have to confirm the nomination. 4 Greer stated that the City would have to reappoint Stephens and Sloan as City representatives on the board. He advised that both Stephens and Sloan have expressed willingness to serve and that Sloan as a citizen member would have to be appointed by the Mayor, and Stephens as an official member would have to be appointed by the City Council. He said that the matter should be addressed during the Council's meeting of December 19, 1988. ADJOURNMENT Stephens moved for adjournment at 8:00 P.M.; Furlong seconded. l Therese Hash, Vice President APPROVED: G-e- 5 ,A Dorothy Heard, Recording Secretary