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09-11-90 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING SEPTEMBER 11, 1990 CALL TO ORDER The meeting was called to order by Therese Hash, President, at 6:20 AND ROLL CALL p.m. Those present were Hash, Hall, Fraser, Stephens, and Gould. Those with excused absences were Sloan, Manning, and Furlong. David Greer, Senior Planner, represented the Flathead Regional Development Office. APPROVAL OF MIN- Fraser moved to approve the minutes of the meeting held on August 14, UTES AUGUST 14, 1990 as submitted. Hall seconded and it passed unanimously. 1990 SHEPARD'S Hash introduced the request for zoning and annexation of a tract of ADDITION ZONING land into the city limits of Kalispell, MT. The property is generally & ANNEXATION described as being located in the NE4 SW4 of Section 18, Township 28 North, Range 21 West, P.M.M., near the intersection of Eighth Street West and Eighth Avenue West in Kalispell, MT. A city zoning classification of Residential R-4 is being requested. Greer summarized staff report #KA-90-2. He stated that the annexation is being requested because a one lot subdivision is being proposed. There is a residential dwelling located on the property. Water and sewer are both available from both Eighth Street West. Water is available along Eighth Avenue West. The staff did not see a problem \ / with the annexation request. The neighboring city lots are zoned R-4. There were comments received from the City staff with various suggestions for conditions of annexation. The first condition was for a 15 foot utility easement to be recorded on the western boundary of the property. Most of the other conditions are standard. The report concludes that the requested R-4 zoning is appropriate to the property. .° Public Hearing Hash opened the public hearing calling for proponents to speak Evelyn Shepard stated that there is already an easement on the western property line for 15 feet. This easement was given by her brother who owns the adjoining property to the west. Her concern was whether an additional 15 feet would be required of her. If she is required to give an additional 15 feet the easement would nearly butt up against the house that exists on the property. There being no other proponents, Hash called for opponents to speak. There were no opponents and the public hearing was closed. Board Discussion Gould asked for further explanation of how far the house would be from the easement if it were required. Evelyn Shepard stated that there is about 12 feet between the house and the property line. Gould further asked if there would be a problem with the creation of that `\ lot with the setbacks of an R-4 zoning classification. Greer stated that the setback would be fine since those are measured from the 1 property line. Greer also added that if there is indeed a 15 foot \ easement on the western property line then there may only need to be an additional ten foot easement from Mrs. Shepard. He added that they would have to check and see that the easement is appropriate. Greer asked that Mrs. Shepard bring a copy of the easement document to the Committee meeting Wednesday morning. Motion Fraser moved to adopt the findings of fact as found in FRDO Staff Report KA-90-2. Hall seconded the motion and it was passed unanimously of the quorum present. Motion Hall moved to approve the annexation petition. Gould seconded the motion. Greer asked if the motion included the conditions in the FRDO Staff Report. Amended Motion Hall moved to amend his motion to include the conditions found in the FRDO Staff Report with an alteration to Condition #1. The alteration would be "That the utility and egress/ingress easement be worked out to the satisfaction of the property owner and the city of Kalispell." Gould seconded the amended motion. The motion was passed unanimously by the quorum present. Motion Hall moved to recommend zoning the property of Shepard's Addition R-4 as recommended by the FRDO Staff. Stephens seconded the motion and it passed unanimously by the quorum present. EAST COTTONWOOD Hash introduced the requested change in zoning from [County] `- LASALLE ROAD ZONE Residential R-2 to [County] Community Business B-4 for property CHANGE REQUEST generally described as being located near the intersection of East Cottonwood Drive and LaSalle Road in Evergreen and as further described as being situated in the NW4 SE4 of Section 4 of Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Greer stated that the petitioners have withdrawn the application since they have been unable to obtain a consent to the zone change from the FDIC, one of the owners of one of the lots. Hash read the letter from Steve Cummings, attorney, requesting the withdrawal of the petitions. TODD GARDNER Hash introduced the requested change in zoning from [County] ZONE CHANGE Residential R-2 to [County] Residential R-5 for property generally REQUEST described as being a portion of Lots 1, 2, and 3 of Block 2 of the Stillwater Addition, a plat of record, Flathead County,- Montana. Greer gave the staff report. The area was zoned R-2 when the Evergreen and Vicinity Zoning District was adopted last month. The property is located behind Ponderosa Motors and there are mini - storage units located on the property. There is a residential dwelling on the property also. R-5 would allow a higher density by allowing smaller lots and duplexes. Mini -storage units are allowed as conditional uses. In looking at the Master Plan, this area is in transition. In many ways this area is suitable for highway commercial, light industrial, residential etc. Given the transition 2 change to R-1 zoning for this tract would leave SAG-1 zoned tracts on / \ either side of the lot. The change in zoning on this tract would remove any rationale for retaining the SAG-1 zoning classification on any of the lots in the area. The staff felt that to change the zoning on one lot would not necessarily be compatible to the neighborhood and would be for the benefit of a single landowner and would also raise issues of spot zoning. Therefore, when considering the shape of the lots, the lack of an internal road system, high water table, and the character of the neighborhood, the staff recommends denial of the zone change. Public Hearing Hash opened the public hearing asking +or comments from proponents. Charlene Lowitz, daughter of the applicant, stated that they were given no choice but to ask for the R-1 zone change. She stated that her mother bought the property and it was their desire to move her mother from California where she is now. The existing house was to be utilized by Mrs. Lowitz and her family and they were going to build a house for her mother to reside in. There was no desire to actually split the property. She added that the former owners and their real estate agent led them to believe that the property already had a certificate. of survey on it for a two lot split and that there would be no problem with placing two residences on the property. They found out that none of this was done. The property was purchased by her mother and placed in a living trust will so that two acres could be set aside for her to have a small home until her death and then all the property would be owned by Mrs. Lowitz. They are in the process of redirecting the high water from the natural course so that it will not flood the property in the future. They are aware that it will probably take an engineered septic system for the sewer set up. They have been told that they had enough pressure for more than one residence on the lot therefore there will be only one well. We did not want a zone change but were told that the zone change was the only way to go. They are not wanting to subdivide the property but want to use the property in a hobby farm nature. The sanitation department is watching the water flow. If the water flow is such that a septic can be installed then we will know next spring. There were no other proponents and no opponents. Hash closed the public hearing. Board Discussion Fraser asked if there was any way that they could accomplish their goal of moving her mother here without a zone change. Greer said that the zoning only allows one dwelling unit per tract of land. Greer stated that the staff looks at zone change requests from the standpoint of whether the request is appropriate to the character of the neighborhood as opposed to weighing emotional issues. The question is whether the property is suitable or not to the requested zoning classification. Mrs. Lowitz stated that the FRDO is updating the zoning regulations and are planning to propose a 5 acre zoning district. Greer explained the process which is underway to update the Flathead County nature of the property and that sewer will be available to the area ( \ in the future, R-5 zoning might be appropriate to the property and ~-' would serve as an effective transition from the highway commercial on Highway 2 and the residential areas to the north. Public Hearing Hash opened the meeting to a public hearing and asked for comments from proponents. Todd Gardner, owner of a portion of the property, stated that the reason for the zone change is to add another row of mini -storage units. David Jenkins stated that he lived nearby and came to see how this proposal would affect his property. Mr. Jenkins asked if Mr. Gardner would have to have another review process to add to the mini -storage units. Greer stated that there would have to be a review before the Board of Adjustment for a Conditional Use Permit in order to add to the existing mini -storage units. An unidentified woman asked if the area was in the 100-year floodplain. Greer stated that they checked and that it was not included in the 100-year floodplain. She also asked if her property taxes would raise because of the zone change. Hash explained that the zone change only affects one small area that Mr. Gardner is concerned with and would not have an affect on any other property in the vicinity. ( / Motion Fraser moved to adopt the findings of fact as found in FRDO Staff Report #FZC-90-4 and to recommend to the County Commissioners that the zoning classification for the property in question be changed from [County] Residential R-2 to [County] Residential R-5 as requested. Hall seconded the motion and it passed unanimously of the quorum present. IRIS BONSER ZONE Hash introduced the requested change in zoning from [County] Suburban Agriculture SAG-1 to [County] Residential R-1 for property generally described as being located in the NW4 SE4 of Section 11, Township 28 North, Range 22 West, P.M.M. and having a street address of 1256 Two Mile Drive, Kalispell, MT. Greer gave the staff report. The FRDO staff recommended that the zone change be denied. The property is situated within five lots that are zoned SAG-1 and the zoning to the north is AG-2. Skipping a lot to the east is R-1 and skipping 3 lots to the west is R-2 and to the south is R-1. The applicant would like to provide a second house on the lot for the purpose of accommodating an elderly relative. The property is 10 acres in size, long and narrow and does not lend itself well to subdivision due to the high water table in the area. The proposed R-1 zoning classification would be compatible with the Master Plan vision of development over the next 20 years. The soils in this area are generally unsuitable for conventional septic systems due to the occurrence of high ground water. If all the properties in the SAG-1 zone were to provide a common development pattern then the properties might lend themselves to other zoning classifications. A Comprehensive Zoning Regulations. If the changes are adopted, there may be a new 5 acre zoning classification. Motion Gould moved to recommend approval to change the zoning from SAG-1 to Hash stated that the only problem that she has is that it could be spot zoning. Mrs. Lowitz felt that unless there was city sewer they could not ever subdivide the property any further than the two acres they are to set aside for her mother. She added that the sanitation office wants to watch the water situation in the spring to see if the wall and diversion they are putting in this fall will solve the flooding problem. If the flooding problem is solved, they have said that there probably would not be a problem with another septic system on the property. Fraser stated that it appeared there could not be any construction done this fall due to the ground water problem. Hash mentioned that this winter there might be another zoning classification in place for . action on in the spring. Gould's motion died for lack of a second. Hall said he would like to table action on this application until next spring. Motion Fraser moved to table action on this application until next spring. / ) Hall seconded the motion and the motion carried by a majority voting \--� in favor. Gould was opposed to the motion. Hash recommended that Mrs. Lowitz keep in touch with David Greer to monitor the progress with the alterations to the Flathead County Comprehensive Zoning Regulations and then in the spring they should know what the sanitation office is going to deem possible. Gould pointed out that there is the alternative of those who own the land in the SAG-1 area petitioning to be changed to R-1 and having them help in the expense. It might be a problem if one of the property owners does not want to go along with a zone change. OLD BUSINESS Greer handed out a letter from the Whitefish Planning Board speaking to countywide zoning and the highway corridor. Greer stated that Hash sent a letter to Jim Weaver. NEW BUSINESS Greer asked for a different meeting date for October since he would be out of town on the regular meeting date. After a little discussion, the concensus of the Board was to have the October meeting on the 16th at 7:00 p.m. ADJOURNMENT There being no further business the meeting was adjourned at 7:40 Following the meeting, there was a workshop on the proposed revisions to the Kalispell City Zoning Ordinance. �A Therese Fox Hash, President Approved: 1�1161?6 Ava Walters, Recording Secretary