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