03-27-90 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
MARCH 27, 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, Stephens, Gould,
Carothers, and Furlong. Fraser had an excused absence and Sloan was
also absent. David Greer, Senior Planner, represented the Flathead
Regional Development Office.
APPROVAL OF MIN- Manning moved to approve the minutes of the meeting held on March 13,
UTES FOR MARCH 1990 as circulated. Carothers seconded the motion and it passed
13, 1990 unanimously.
EVERGREEN & Hash introduced the proposal for creation of the Evergreen and
VICINITY PROPOSED Vicinity Zoning Districts which is more particularly described as
ZONING DISTRICTS being located in an area that is bounded on the north by a line one.
mile north of Reserve Drive; on the south by U.S. Highway 2/Montana
Highway 35; on the west by the Kalispell City Limits and U.S. Highway
93 North; and on the east by the Flathead River. This includes such
neighborhoods as Whitefish Stage, Evergreen proper, Addison Square,
Helena Flats, and West Reserve.
Greer gave the staff report and began by explaining what the series
of maps on the walls were all about. Maps exhibited included the
Kalispell City -County Master Plan Map; locations of existing zoning
in Evergreen; last zoning proposal sent to Commissioners; and the
latest zoning proposal. He gave the historical background for the
process which began in 1985 and brings us to the reason for the
public hearing being held on this evening. He explained that, in
deciding which zoning classifications to assign to given areas, the
Kalispell City -County Master Plan was used as a primary guide;
consideration as to where the floodplain areas are located; where the
proposed Evergreen Sewer might be placed; and the character of each
neighborhood. He explained the resulting map and what the colors
depicted. Greer explained the changes that are currently being
proposed to the Flathead County Comprehensive Zoning Regulations to
address some of the concerns raised about non -conforming uses. He
stated that the Flathead County Planning Board is considering the
changes to the zoning regulations and will probably have a public
hearing soon on those proposals. The changes that are being proposed
to the zoning regulations concerning non -conforming uses would allow
for changing a non -conforming business to another non -conforming
business of equal or less intensity. Greer explained the hearing and
adoption process being followed. He added that one of the purposes
for this meeting is to pick up on any changes that may need to be
made and to consider whether they can be changed within the bounds of
the Master Plan. He also explained that in considering where the
sewer is being proposed in Phase I, the staff tried to place the
highest density in those areas. He added that, in the future, when
the sewer is added to a neighborhood then it would probably be an
appropriate time to change the zoning to reflect the new
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infrastructure capabilities. Zoning is not cast in stone since it can
be changed through the zone change process.
Recess Hash broke the meeting for a brief period at 7:25 p.m. in order to
give the audience time to look at the maps and pick up information
pertinent to their area and zoning classification. Available handouts
included permitted uses in each zoning district and general
descriptions of each zoning classification.
Reconvene Hash reconvened the meeting at 7:43 p.m.
Public Hearing Hash opened the public hearing and called for comments from
proponents of the zoning district.
Milt Carlson, 375 Grandview Drive, presented a letter to the board
members. He said he was also speaking in behalf of numerous residents
of the Indian Trail area. They supported the use of the Master Plan
for the basis of zoning and approved the zoning proposed for their
area. He also called for the Board to support the proposal of High
Density Residential on the property to the south of their subdivision
owned by Developer's Diversified. He cited page 38 of the Flathead
County Resource Analysis. His letter is found to be Attachment A to
these minutes.
Colleen Scharfe, 383 Addison Square, stated her 100% support of the
creations of zoning in her area.
Lorraine Callan, 397 Addison Square, stated her support and adamantly
wants the zoning to go through this time.
Don Murray, 146 Somerset Drive, stated that he somewhat agreed with
Milt Carlson. He stated that he supported the zoning given to the
area below the bluff where Hillcrest is since the character of the
area for the past ten years has been residential. He supported the
residential zoning for his area but questioned the residential
apartment zoning to the north on the east side of Whitefish Stage
Road since the road is so narrow and not able to carry the load of
potential traffic. He asked for the Hillcrest residents present that
supported his views to stand and state their names. Those standing
were Mr. and Mrs. Alan Sorensen, Sharon Stanhope, Doug Morton, Susan
Sandi, Frank Moore, Norene Sullivan, Doug Wardinsky, and Todd Hammer.
Milt Carlson asked for the residents of Indian Trail area to stand
and acknowledge their support of his remarks. Some of people
supporting Mr. Carlson's stand were D. A. Logan, B. J. Carlson, Art
and Carolyn Grisez, Dean and Alice Potter, Robert and Carlene Peters,
Ed Marshall, and John Rong.
Hash called for more proponents to speak. Since there were no others,
the comment period was opened to opponents.
John Smithlin, 1282 Highway 2 East, asked why there was need for
zoning since the Master Plan exists. He added that he did not think
2
that zoning should be in place until the sewer issue is resolved and
people know where it will be.
Terry Williams, East Evergreen Drive, stated -that he is opposed to
the zoning because of his use would become non -conforming. He felt
that all of his life was in his business and that the provisions
being added to the revised Flathead County Comprehensive Zoning
Regulations were not sufficient to address his case if he were to
have a fire. He also felt that it is premature to expect those with
non -conforming uses to agree to zoning without the changes to the
zoning regulations. He added this gave him too many uncertainties.
John Kalpon, 2780 Highway 2 East, stated that he was against the
creation of the zoning district. He asked David Greer where it said
that they had to be zoned. Greer said that they are doing this
proposal at the request of the County Commissioners and said there is
no rule that says they have to be zoned. Mr. Kalpon asked for a show
of hands of those opposed to zoning in the audience. Of the
approximately 100 people in the audience, there were 14 hands raised.
Lonnie Hanson, 111-11 South Cedar Drive, pointed out that he felt
there was a lot of property being proposed to be zoned R-1, which is
one ace tracts. He felt that this would be too restrictive on
development of the area. He felt that the Board should hold off on
zoning until after September 15 because if the sewer goes in there
are a lot of the 1/2 acre and 1 acre lots that should be reviewed for
higher density.
Stan Watkins, 770 West Reserve, stated that he would rather have a
business zoning for his property since the business on his property
has been there for the past 15 years. He felt that it would be wrong
for the Board to force him to change the master plan and then ask for
a zone change or a text amendment to accommodate the presence of his
business.
Janet Richmond, 125 Sherry Lane, stated that they should look again
at making West Reserve a business corridor since there is so much
truck traffic going past their place now. She felt that once the
truck route is decided upon they will find that West Reserve will not
be a suitable place for a residential neighborhood.
Dave Logan, Parkview Terrace, stated that he supported Stan Watkins
and his problem but opposed RA-1 zoning for the Developer's
Diversified property. He felt that area should not have a higher
density than single family residential because the services are not
available and there would be an increased traffic problem that is
already going to be impossible to deal with when the college opens.
Nancy Kostman, Kal-Mont Saw Mill, stated that the area was 25 acres
in size and has contained the saw mill and related accessory
buildings for the past 60 years. She stated that the mill owners have
paid industrial taxes on the property in order to maintain the
industrial use of the property. They would like to seek utilization
of that mill in some fashion and if they are zoned R-1 the
3
marketability of their property will be hindered. She pointed out
that there are 11 industrial type businesses located along Riverside
Drive which would fit into either the I-1 or I-2 category. The area
is seeing mixed uses. She added that the bluff provides a buffer
between Hillcrest and Riverside Drive. I.t is not logical to place R-1
next to industrial uses. Ms. Kostman also added that there is a
sloughing of the hill taking place because of the septic drainage
taking place and oozing through the hillside as a result of the
number of septic tanks located in Hillcrest.
Shane Corpron, Park Drive, stated that he had a business that employs
people involved in painting cars and doing mechanical work below the
Hillcrest area. He felt that Hillcrest was using the side of the
bluff for their dumping zone. He invited the Commissioners and the
Board to come down and take a close look at what is happening along
that bluff where Hillcrest sits.
Larry Owens, Riverside Drive, stated that he has a trucking business
with industrial uses along that drive and would prefer the I-1
zoning.
Frank Miller stated that he is opposed to RA-1 and R-5 zoning along
Whitefish Stage Road since the services are not available.
Dave Greer entered a letter from Doug Johns on behalf of Developer's
Diversified into the record and can be found as Attachment B to these
\) minutes. Greer highlighted the points of the letter.
A list of individuals attending the hearing is included as Attachment
C to these minutes.
Hash closed the public hearing when there were no further comments
made by opponents.
Board Discussion Hash announced that the Board will be trying to formulate a
recommendation to the County Commissioners at their next meeting to
be held on April 10, 1990 in the Kalispell City Hall Council
Chambers.
OLD BUSINESS None.
NEW BUSINESS None.
ADJOURNMENT There being no further business to go before the Board, the meeting
was declared adjourned at 8:27 p.m.
"
Therese Fox -Hash, Chairperson Ava Walters, Recording Secretary
Approved: eL 617Y /Q / 1lPv
4
ATTACHMENT A
MILT & B.J. CARLSON
375 Grandview Drive
Kalispell, MT 59901
March. 27, 1990
Kalispell City -County Planning Board
RE: Evergreen Zoning District proposal
As residents in the proposed zoning district, we wish to go
on record as supporting the zoning designations as shown on the
map presented at the informational meeting March 13, 1990, and
commend the Staff for their fine work in presenting the plan.
We feel that the Master Plan 2010 represents a deep and
far-reaching scenario for the area and that the findings of that
plan be included in your consideration for this zoning effort.
Further, we wish to reiterate the comment in the Flathead County
Resource Analysis (page 78), "Future development must be guided
and designed with the natural resources of the County in mind in
order to maintain the quality of life experienced today for
future generations." In that spirit, we commend the remark to
this Board and to the County Commissioners because this fragile
ecosystem cannot bear additional destruction and the quality of
life need not be diminished.
Specifically, the 40-acre parcel of land fronting on Highway
93 between the new nursinghome construction and Indian Trail
Road residences should receive the proposed RA-1 zoning as desig-
nated on the map and maintain that designation for the future.
In the Daily InterLake of January 16, 1989, a report.was made of
an attempt by an agent of Developers Diversified to have this
parcel "zoned commercial". In the event,a similar attempt is
made in this procedure, we offer these comments:
1. The Master Plan designates this parcel as residential.
2. The proposed zoning of RA-1 is compatible with the
Master Plan and the neighborhood.
3. The Flathead County Resource Analysis (page 38) calls for
discouragement of additional commercial development
on this stretch of Highway 93 "at all cost as it creates
a series of problems and negative impacts for surround-
ing property owners, the County, and the general pub-
lic."
4. The residential nature of the area would be destroyed.
5. A commercial development could not survive serving only
the local residents, so additional people and traffic
would impact the area which does not even have the
road system or traffic control ability to handle the
forthcoming Flathead Valley Community. College load.
C�; Thank you for considering our comments.
ATTACHMENT B
r
dolaglas johns
real restate
douglas r. johns
broker
reply to: p.o. box 174
j;.
March 23, 1990
Mr. David M. Greer, Senior Planner
Flathead Regional Development Office
723 5th Avenue East, Room 414
Kalispell, MT 59901
SUBJECT: proposed Rural Zoning District -Evergreen and Vicinity
Public Hearing to be Held on March 27, 1990
at 7 PM at Edgerton School, Kalispell, Montana
Dear Mr. Greer:
This letter is in reference to the above captioned matter and the
\� public hearing to be held on March 27, 1990, at which time public
comment is to be presented before the City/County Planning board.
I am writing this letter due to the fact that I will be out of
town and unable to attend that public hearing. As a result, I
request that this letter be entered and placed within the minutes
of that public hearing as being my comments regarding the -proposed
rural zoning district.
As you and the public agencies are aware, I represent Developers
Diversified, of Cleveland, Ohio, owners of approximately forty
acres of property adjoining the east side of U.S. Highway 93 on
the northern edge of Kalispell. This property lies within the
proposed rural zoning district, and as a result will be impacted
by any decisions regarding this matter..
I wish to put forth two suggestions and comments for consideration
by your agency,' and by the City/County Planning Board.
The first item has to do with the overall size and scope of the
proposed zoning area. The proposed zoning area is,huge in size
and talces into account a vast diversity of land uses. Because of
this size and diversity', I feel that the zoning district should be
divided into two smaller areas which will more closely represent
suite 22, glacier building -307 - first ave. east ■ kallspell, montana 59901 I1(406) 755-9011
serving all of northwestern montana
Mr. David M. Greer
March 33, 1990
Page Two
and be sensitive to the needs'of those individuals and businesses
.concerned. At a meeting held at City Council Chambers, the
evening of March 13, 1990, a 'lady from the Hillcrest area put
forth the idea that maybe the zoning district, as proposed, was
too large and should be divided into smaller sections. Upon
reflecting on that comment, I agree. As a result, I have enclosed.
a photocopy of a map depicting a portion of the zoning district
upon which I have outlined in yellow a proposed delineation
dividing this region into two distinct areas. I believe that upon
review and analysis of this enclosed map, you will be able to
understand my suggestions. I suggest using the Whitefish River as
a boundary line, beginning where the Whitefish River meets East.
Reserve Drive, and following the Whitefish River south until it
meets the Burlington Northern Railroad right of way, then
following the BN right of way to where that right of way enters
the city limits of Kalispell. All of that area lying east of this
boundary.would be referred to as the Evergreen and Vicinity Zoning
District, and be processed under and through the already initiated
proposal. The area lying west of this boundary, to the east side
of US Highway 93, could be referred to as the Whitefish Stage
Zoning Area, and be taken into account at a later time. This
would allow those property owners within the proposed Whitefish
Stage Zoning Area to have additional time and consideration for
review, study, and comment on zones that would be proposed within
this area.
The second item has to do specifically with the property owned by
Developers Diversified. I currently have pending before your
agency, and the City/County Planning Board, an application to
amend the City/County Comprehensive Master Flan, based upon a
redefined land use plan set forth upon maps and diagrams submitted
with this application.
At this •time I wish to renew my requests to change the
Comprehensive Plan in accordance with this application.
Developers Diversified strongly feels any zoning and planning
which does not take into account a zoning or planning
classification for commercial purposes will severely impact the
economic viability of their property. The pending application
clearly delineates Developers Diversified's property into two
well-defined zoning areas. I am herewith enclosing a copy of the
map previouslysubmitted, and.which I request be made a part of
the records of the Planning Board, which shows the area that would
be zoned commercially and the area which would receive a higher
density residential zone. We currently have active interest in,
and on -going negotiations for, the sale of a portion of the area
designated for commercial zoning. In the absence of being able to
l-} use this property commercially, Developers Diversified will not be
able to realize the benefit of its true value. likewise, this
property will probably remain undeveloped for a considerable
period of time.
Mr. David M. Greer
March 23, 1990
Page Three
The area lying adjacent to US Highway 93 is not desirable for
residential purposes. The existing traffic and the noise related
from it makes this area quite undesirable for residential
development. This property is best utilized for a well -planned
and 'laid out commercial development.
As I have always stated, it is the desire of Developers
Diversified to work harmoniously with the City of Kalispell in
planning and developing their property to its highest and best
use, taking into account the beauty and aesthetics currently
enjoyed by the northern entrance to the City of Kalispell.
Developers Diversified very much wishes to participate in a close
working relationship with the City of Kalispell in developing this
property into an area and for a use that will truly be an asset to
the City, and one in which the community can be very proud of.
The proposed Evergreen and Vicinity Zoning District, as it affects
Developers Diversified's property,does not take into account the
true value, nor the highest and best use of this property, nor
does this attempt to set forth a desire to work harmoniously and
cooperatively with Developers Diversified in making this property
a desirable asset to the community.
I strongly urge your agency and the Board to give thorough and
complete consideration to our request, and that you will look
favorably upon our proposed 'land uses so that we can work closely
with the City in developing this property.
Thank you for this opportunity to make these comments.
Kind regards.
Sincerely,
DOUG JOHNS REAL SATE
Douglas R. Johns
lep
C: Chairman of the City/County planning Board
John McGill, Developers Diversified
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