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04-10-90 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING APRIL 10, 1990 CALL TO ORDER. The meeting was called to order by Therese Fox -Hash, President, at AND ROLL CALL 7.05 p.m. Those present were Manning, Hash, Hall, Gould. Sloan, and Furlong. Those with excused absences were Fraser, Carothers, and Stephens. David Greer, Senior Planner, represented the Flathead Regional Development Office. APPROVAL OF MIN- Hash called for any corrections or additions to the minutes of the UTES MARCH 27, meeting held on March 27, 1990. Sloan asked that the minutes should 1990 be changed to show that her absence was excused. Manning moved to approve the minutes as changed and Furlong seconded. The minutes were approved as changed unanimously. PROPOSED EVER Hash opened the meeting to discussion on the proposed zoning GREEN AND districts for Evergreen and Vicinity by calling on David Greer to VICINITY ZONING give a staff report. DISTRICT Greer gave the staff report highlighting the areas where questions were raised at the.public hearing held on March 27, 1990. The first area in questions was in the vicinity of Indian Trail. Doug Johns had asked in his letter that zoning of that area be postponed until more consideration could be Given to Developer's Diversified property. Greer stated that he felt that Mr. John's had been given ample time to prepare a Neighborhood Plan as an amendment to the existing Kalispell City -County Master Plan. Greer added that the zoning proposed is required by the court decision to conform to the Master Plan. Furlong asked for an explanation of the Court Decision on the Developer's Diversified property. Greer gave one. Furlong asked if this ties the hand's of the Board? Greer said that the Board could either agree with Mr. John's letter and choose to zone it later or they could disagree. with the letter and proceed with zoning now. Furlong asked if the high density residential designation and proposed zoning would preclude them to change the Master Plan later? Greer said that it would not. Greer pointed out that the Addison Square neighborhood wished to be zoned SAG-1 and that is what the staff is recommending. In relationship to the area where the Kalispell Athletic Club is located, Greer pointed out that our office has advised them that they should pursue a zoning text amendment to include this type of facility in a B-1 zoning classification and that a B-1 zoning classification could be designated for their property along Whitefish Stage Road. Currently there is a re -write of the Flathead County Comprehensive Zoning Regulations being done and the staff has suggested that the owner of the Kalispell Athletic Club present to the staff a list of uses that might occur at this type of business so 1 that those uses could be included in the re -write and change the B-1 zoning classification to allow establishments such as the Kalispell Athletic Club as a conditional use. Hall wondered if the Kalispell Athletic Club has been there before there was a Master Plan in place for that area. Greer stated that the Master Plan was initially in effect in 1976. Hash asked if one lot could have this type of zoning since there was one owner. Greer stated that B-1 is allowed in a neighborhood and are allowed in islands of five acres or less. He felt that it would only be spot zoning if a fudge were to say so. Spruce Park area has been proposed as R-5 which is the appropriate zone for mobile home parks and related uses. The owner is satisfied with this. Rocky Mountain Hi Campground along Helena Flats Road is requesting be zoned R-5 and the staff has no problem,with that. Ralph Robinson was in to the office to make sure that his varied activities on Ezy Drive would be grandfathered. He was assured that they would. Ray Lybeck would like to have the property that he owns on Helena Flats Road zoned R-1. His dairy would be in substantial conformance to an R-1 zone. Greer added that the staff could accommodate that request particularly for those properties that he owns located south of East Reserve Drive. Lum Owens has a truck terminal on LaSalle Road and there is an adjacent lot he is using similarly. Therefore, he has requested that the lot be included in the proposed I-1 zoning district. Staff concurred with this request. Greer stated that Terry Williams is still concerned about his property becoming a non -conforming use. He stated that the Flathead County Planning Board is currently in the process of re -writing the Flathead County Comprehensive Zoning Regulations which would address some of the situation faced by non -conforming uses. Currently, it is proposed that a non -conforming use may be able to sell and continue the use or change the use to a equal or less intense use. Rebuilding is not allowed if more than 50% of the structure is damaged by fire or other natural disaster. Williams seems to have a concern particularly about being destroyed by fire etc. and Williams wants to be able to expand his business in the future. Furlong stated that, if the regulations are going to allow the sale of non -conforming uses or change in non -conforming use, it stands to reason that rebuilding_ after a fire should be allowed as well. Furlong also felt that limited expansion should be allowed for non- conforming uses. He suggested that the Board go on record as being in favor of a provision being included in the re -write of the Flathead JCounty Comprehensive Zoning Regulations that would allow the expansion and rebuilding of non -conforming uses. Manning stated that 2 he had a problem with He did not feel that another board about ordinance. allowing the expansion of non -conforming uses. the Board should necessarily be addressing our wishes for the contents of a zoning Greer stated that the letter from the Everareen Water District recommended postponing the zoning until the sewer issue is resolved. Greer pointed out that these are two different issues and it would be better for zoning to be in effect before the sewer issue is resolved because zoning will promote orderly growth. The Hillcrest area has a concern about the zoning of the property where the old O'Neil mill is located. Residential zoning has been recommended but it is up to the Board to decide what they think is the best zoning to recommend. There are a mixture of uses in this vicinity from industrial to residential. The staff is not prepared to push for a specific zone. He did add that the Master Plan suggests that industrial uses should be allowed south of the Stillwater River Gould stated that there is no buffer between the industrial on the southside of the Stillwater River and the residential on the north side of the River. He felt there should be a buffer zone and asked if the staff had considered a B-5? Greer stated that B-5 does not exist in the Flathead County Comprehensive Zoning Regulations and that most of the area is not in the floodplain. He added that the stream can be considered a buffer. There is no infrastructure for heavy development and the access is bad. Hall stated that he would not build in the Riverside area because it is a dark hole and there is no residential character in that area even for the houses that do exist there. Gould asked if the staff has done a survey of the percent of business and residential in the area. Greer stated that they did a windshield survey and felt there was about 50-50 for either residential or industrial uses. Furlong_ asked what the alternative would be? Greer said that the Master Plan says the area should be residential citing the text of the Master Plan as addressing the issues of access, utilities and roads. In the purest context of the Master Plan the area should be residential. If the area is adiacent to heavy industrial use, then the Board needs to sense how far beyond this purest context you can go and still be in conformance. Several residents of the Riverside area were present stating that their uses were industrial in nature. Hall felt that the area should be light industrial. Charlene O'Neil stated that the they were willing to compromise and go along with zoning the area light industrial which would not allow the mill to run as in the past and would cause them a $300,000 loss 3 in value. She asked the Board if they could at least compromise and propose the light industrial classification in return. Manning asked if in the light industrial zoning classification sound had to be contained within the boundaries of the property? Greer concurred that it did. Hash asked whether a Business zone would help? Greer said it would not address the uses there. Motion Hall moved to propose a Light Industrial I-1 zoning classification for the area north of the Stillwater River and below the Hillcrest neighborhood bluff over to Whitefish Stage Road. Gould seconded the motion and it passed unanimously. Recess Furlong moved to recess for five minutes. The Board recessed at 8:15 p.m. and reconvened at 8:27 p.m. Motion Gould moved to change the proposed zoning classification for the Kalispell Athletic Club from R-1 to B-1. Furlong seconded. The Board further recommended that the zoning regulations be rewritten to reflect that the uses of the Kalispell Athletic Club will be included under conditional uses for B-1 zoning classifications. The motion passed with the majority voting in favor and Sloan voting against. Motion Furlong moved to zone the Rocky Mountain Hi Campground property as R- 5 instead of the current proposal of R-1. Hall seconded and the motion passed unanimously. Motion Sloan moved to include the adjoining lot to the north of the lot owned by Lum Owens in the Light Industrial I-1 zoning classification. Manning seconded and it passed unanimously. Motion Furlong moved to change the zoning classification proposed for Ray Lybeck's property south of East Reserve Drive and the east side of Helena Flats Road from SAG-1 to R-1. Sloan seconded and the motion passed unanimously. Motion Manning moved to leave the currently proposed RA-1 zoning classification on the property owned by Developer's Diversified. Sloan seconded and the motion passed unanimously. Motion Gould moved to keVP the currently proposed R-5 zoning classification on the property identified as Spruce Park. Sloan seconded the motion and it passed unanimously. Greer stated that John Jump has requested that the triangle shaped property that he owns that lays between the railroad tracks and his logging business location on the west side of Highway 2 be zoned general business B-3. There are a few houses on the property that he owns but he has plans for commercial uses in the future. Greer stated that the staff could recommend this since the general business zoning classification currently is proposed up to the south side of the railroad tracks. 4 Motion Gould moved to recommend a General Business B-3 zoning classification for the triangle shaped property owned by John Jump. Hall seconded the motion and it passed by a majority with Sloan voting against the motion. Motion Furlong moved to request that the Planning Staff draft a letter to be signed by Hash recommending that the non -conforming section of the Flathead County Comprehensive Zoning Regulations proposed to be rewritten to include provisions for rebuilding of a non -conforming use structure in the event of a natural disaster such as fire or flood. Gould seconded the motion. Hash stated that the whole purpose of the non -conforming use sections in zoning_ ordinances is to amortize them so that some day that property will come into conformance with the zoning designation on the property. Hall stated that this proposal would not only apply to the property owned by Terry Williams but also to the many other non -conforming uses currently existing in the proposed Evergreen and Vicinity Zoning District. Greer stated that any expansion or change in use of a non -conforming use would be reviewed by the Flathead County Board of Adjustment. The question was called and the motion passed unanimously. Motion Gould moved to recommend to the County Commissioners the Evergreen and Vicinity Zoning District as shown on the Official Map incorporating the changes voted on previously in the meeting and rescinding the ten existing zoning districts subject to the findings of fact found in the Flathead Regional Development Office report. Manning seconded the motion and it passed unanimously. DRAFT REVISIONS Hash asked Greer to give a review of the proposed changes to the KALISPELL ZONING Conditional and Permitted Uses section of the Kalispell Zoning ORDINANCE Ordinance. Greer presented the conditional and permitted uses section of the Kalispell Zoning Ordinance and highlighted what each zoning classification was primarily designed to accommodate. He suggested creating a new zoning classification for the hospital area of the city reflecting the many uses applicable to that area and would address the needs of those in that area. Manning asked if support housing had been addressed by this proposed classification. What he meant by support housing was the type that is offered by St. Pat's Hospital in Missoula. Greer further pointed out that the adult bookstores and entertainment establishments are proposed for light industrial zoning classifications. 5 Gould asked why there was no buffer required for RA-3 zones. He �r further asked if the intent was to have only one thing in each zone. Greer stated that the intent is to create a situation where single family is going to be next to single family. He added that he would look into buffer situations for RA-3 zones. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT There being no further business, Hash declared the meeting adjourned at 9:29 p.m. J Therese Fox -Hash, Chairperson Ava Walters, Recording Secretary Approved: 1.1