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03-13-90 Planning BoardKALISPELL CITY-COI►NTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING MARCH 13, 1990 CALL TO ORDER The meeting was called to order by Therese Hash, Chairperson, at 7:03 AND ROLL CALL a.m. Those present were Manning, Hash, Hall, Fraser, Stephens, Gould, Sloan and Furlong. Carothers had an excused absence. 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 FEBRUARY 13 meeting held on February 13, 1990. Stephens pointed out that he is 1990 listed as absent but not having an excused absence and requested that he be listed as having an excused absence since he did call the Flathead Regional Development Office before the meeting. The correction was so noted. Gould moved to adopt the minutes as corrected and Manning seconded the motion which passed unanimously. RONALD E. PACK Hash introduced the request for annexation and zoning by Ronald E. ANNEX AND ZONING Pack and Margaret A. Pack for property located off of Two Mile Drive REQUEST and being more particularly described as located in the NW4 SE4 of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana. A city of Kalispell zoning classification of Residential Apartment RA-1 is requested. Greer gave the staff report pointing out the location of the property on a map. He stated that the public works department and the police department did not comment on this annexation proposal. The other city staff could not see any problems with the annexation and did not feel that the impacts would be that great. The City Attorney provided the staff with a copy of a Developer Extension Agreement. Greer stated that his agreement affects the use of the sewer main that crosses the property proposed for annexation. Mr. Pack installed this sewer main and the Developer Extension Agreement provides that developers who wish to connect to this sewer main would pay Mr. Pack to help offset the initial costs borne by Mr. Pack to install the lift station and sewer main extension. There is also established a capacity figure and user responsibilities for connection and expansion of the system. Regarding the proposed zoning of RA-1, Greer reviewed the statutory criteria in the Staff report stating that the zoning would be in conformance to the Kalispell City -County Master Plan. He did state that without knowing how the property will be developed it is hard to determine the various economic, social, and environmental impacts. The zoning designation would place development density ceilings and lot coverage ceilings on the property. Conditional use permits and/or subdivision review could allow full review of project impacts on schools, roads, recreation, etc. Greer also pointed out that Corporate Drive approaches the property from the south and it might be possible to extend that road and connect it to Two Mile Drive. The staff recommended annexation of the property with two conditions and that it be zoned RA-1 upon annexation. Public Hearing Hash opened the public hearing for proponents. Hearing none, she opened the public hearing to opponents of the proposal. Upon hearing none, the public hearing was closed. Board Discussion Gould asked Greer to elaborate upon the possible road connection to Two Mile Drive and the status of that possibility. Greer stated that the city street, Corporate Drive, goes north from U.S. Highway 2 West behind the Ashley Square Complex and beyond to the south end of the property proposed for annexation. Mr. Pack believes that easements could be worked out to connect Corporate Drive to Two Mile Drive. Greer stated that at the time of development, a right-of-way would need to be established. Mr. Pack stated that the city street is a 60 foot right-of-way all of the way to the south end of his property. Mr. Gould asked if this was all feasible? Mr. Pack felt that it was because there is a water main already placed in that road and the road is completely constructed except for a short piece of it. Furlong asked if the Corporate Drive connection were not possible is there any other connection to this property beside Two Mile Drive? Greer said there wasn't. Gould asked how many dwelling units could be placed in the RA-1 zoning? Greer said it depended on a lot of variables but possibly at least 40 units. Furlong asked if there is a time when the City will become the owner i of the sewer main that crosses Mr•. Pack's property and the lift station contained within the agreement? Greer thought that it was ten years from the time the agreement was made. Fraser asked if another condition could be added regarding the provision of right-of-way to connect Corporate Drive to Two Mile Drive. Greer felt that it could be done but since Mr. Pack does not know what he will do with the property yet it would be difficult to require that at annexation. The right-of-way can be obtained during the review process for development of the land. Gould asked if the staff had addressed the impacts to the city with annexation of the property? Greer stated that is why we asked for the comments from the city staff. Those comments did not have any major concerns. The taxes on the property will probably go up 25% but it is undetermined whether that will be sufficient to compensate for any impacts. The school districts did not have any concerns on the impact to them. Utilities are installed by the developer on a pay as you go basis. Motion Sloan moved to adopt the findings of fact found in FRDO Staff Report #KA-90-1 and recommend to the city annexation of the property subject to the conditions recommended by the FRDO staff and.recommend that the property be zoned RA-1 upon annexation. Furlong seconded the motion and it passed unanimously. EVERGREEN AND Hash opened the informational meeting on the proposed zoning of VICINITY PROPOSED Evergreen and Vicinity by asking Greer to give a staff report. ZONING INFORMATION MEETING Greer recapped the history of the zoning proposal for Evergreen and Vicinity and pointed out the areas that are currently zoned in the Evergreen area. He stated that the last proposed map was the result of informational meetings and concerns raised by the public. Regarding the failure of the initial attempt, the Commissioners had a perception that not all of the public was aware of what was taking place as well as there were some protests raised by the Hillcrest subdivision which was enough for the Commissioners to decline the zoning at the time. Greer showed the Board what the staff did to inform the public of tonight's meeting. He pointed out that since there were numerous public informational meetings in 1988 they were now going through a fine tuning process. Greer announced that there will be a public hearing on the zoning proposal at the Edgerton School at 7:00 p.m. on March 27, 1990. He cited some of the problem areas that need additional consideration as being the location of the Pamida Store, Highway frontage in general, take note of where the proposed sewer may be placed and zone accordingly, the property located below the Hillcrest subdivision off of Whitefish Stage Road, and also look at property north of West Reserve Drive where there is now a tentative proposal for a golf course. In conjunction with this effort, the Flathead County Planning Board is currently undergoing a re -write of the Flathead County Comprehensive Zoning Regulations which will more adequately address the concerns of non -conforming uses. In the re -write, non -conforming uses will be able to be sold to someone who is going to continue the use or use it in a lessor manner than currently used. Board Questions Hash asked the Board if they had any questions. Furlong asked if at some particular point will the Board see the whole proposal. Greer stated that the Board will be responsible for making the recommendation to the Commissioners and will see the entire proposal before that is done. Hall asked if the Board would be looking at the problem areas. Greer stated that he will be looking at the areas that he has cited as problems and if other problem areas become apparent at the public hearing then those with be reviewed prior to the Board making any recommendation to the Commissioners. Public Comment Darrell Clothier, owner of Spruce Park, stated that the last time the zoning proposal was being reviewed there was a campground, store, and trailer park on the property that was proposed to be zoned agriculture. Now we have a campground, store, golf course, trailer sales, and trailer park on the property. We would like to have commercial zoning. Chuck Manning pointed out that the property is proposed to be R-5. Charlene O'Neil, secretary -treasurer of the Kal-Mont Lumber Co., stated that they have a mill that is located on property below the bluff where Hillcrest subdivision is. The mill has been there for many years and has been utilized as a sawmill. The buildings on the property are not residential buildings and have heavy equipment there. Currently the property is not being used for a sawmill but it is seeing other heavy industrial use now. Tod Hammer, Hillcrest Estates homeowner, stated that the majority of the people in the subdivision would like to see the whole area zoned as residential since there are numerous residential dwellings and a school in the vicinity. Most of this property has been developed in the last ten to fifteen years. The sawmill has not been in operation for a long time and is not currently being used as a sawmill. Therefore, he requested that the Board take a hard look at the area below the Hillcrest Estates subdivision. Mrs. Sorensen, 76 Scarborough, stated that the noise pollution is outrageous in the summer time. Lorraine Callen, Addison Square vicinity, asked if the problems with Hillcrest Subdivision would hold up the zoning of the other areas? Could there be any way to zone by section. Greer stated that option was open to the Commissioners the last time and they chose not to. The Commissioners still have that option. Don Murray, Doug Wardenski, Mr. and Mrs. John, and Doug Morten stated that they are in favor of the residential zoning for their vicinity and would object to the area of the sawmill being allowed to be zoned heavy industrial. Milt Carlson, 375 Grandview Drive, said that Developer's Diversified requested commercial zoning on the last go around and the property owners in the Indian Trail vicinity would have a problem with that. He requested that the property remain RA-1 zoning as proposed. Recess Public comment ended at 8:00 p.m. and Hash declared a short recess. Reconvene The meeting was reconvened at 8:13 p.m. PROPOSED ZONING Hash asked Dave to continue with the text revisions proposed for the TEXT REVISIONS TO Kalispell Zoning Ordinance. KALISPELL ZONING ORDINANCE Greer handed out the Definitions chapter and explained that this chapter incorporates all the definitions associated with the sign regulations as well as the definitions for the rest of the zoning ordinance itself. There have been a few new definitions added. Those new ones were Adult Bookstore or Cinema, Adult Entertainment, Casino, and Life Styling Center. He added that next month the use sections would be presented to the Board. Discussion prevailed on the new definitions added to the zoning ordinance. Manning suggested that some adult entertainment included in the definition could fall under a definition of art and that there is no mention of theater. Fraser thought that obscenity was against the law. Hash requested that the definition for day care conform to the state law which is three or more children instead of five or more. Gould felt that if day care for less than twelve children was not licensed and that three or more up to twelve had to only be registered with the state and that day care cannot be zoned out of residential areas what was the purpose of changing the definition. Furlong pointed out that there were some omissions concerning types of livestock in the livestock definition. He suggested that llamas were omitted as well as focal. He asked what would constitute a wild animal as some wild animals are domesticated and are pets. Greer said that he would look into this. OLD BUSINESS None. NEW BUSINESS Discussion took place regarding the Developer's Diversified property in relation to the Evergreen Zoning proposal. Greer stated that the court case prevents the staff from zoning it different from the Master Plan. A plan amendment would be required in order to obtain commercial zoning. Manning stated that he would like Greer to prepare the documentation showing the Board's cooperation with Mr. Johns to get the plan amendment proposal done and showing his lack of cooperation and give it to each Board member so that this history is documented. Greer said that he would. ADJOURNMENT Fraser moved to adjourn and Sloan seconded the motion. The meeting was adjourned at 8:45 p.m. Therese Fox -Hash, Chairperson Approved: l� D , la Ava Walters, Recording Secretary