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12-11-90 Planning BoardKALIGPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION - MINUTES OF MEETING DECEMBER 11, 1990 CALL TO ORDER The meeting was called to order by Therese Fox Hash, Chairman, at AND ROLL CALL 7:04 p.m. Those present were Manning, Hash, Hall, Fraser, Stephens, Gould, Lopp, Sloan, and Kennedy. David Greer, Senior Planner, represented the Flathead Regional Development Office. APPROVAL OF MIN- Gould moved to approve the minutes as submitted for the meeting held UTES NOVEMBER 13 on November 13, 1990. Lopp seconded the motion and it passed 1990 unanimously. ZONE CHANGE FOR Hash introduced the -request by D. B. Lister to amend the Willow Glen D.B. LISTER Area Zoning District (Resolution #654A) by changing the zoning classification of a tract of land described as Tract 1 of Certificate of Survey #9559, Records of Flathead County, Montana, from Residential R-2 to General Business B-3. Greer summarized the staff report, concerning this request. He reviewed the 12 public interest criteria. The conclusion of the staff report was that the proposal was in conformance with the Kalispell City -County Master Plan and appears to be the best fit for the property since it is highway oriented and is predominantly influenced by adjoining commercial uses. The staff recommended approval of the zone change as requested. Greer added that a letter in opposition to the proposal was received from M & S Services, Larry O. Streeter. He is an adjoining landowner to the north and suggests that it should remain residential as there is enough commercial in the vicinity. Public Hearing Hash opened the public hearing calling for comment from proponents. Hearing none, Hash called for comments from opponents. There were none and the public hearing was closed. Board Discussion Sloan asked if there is commercial property in front of the subject property. Greer stated that there is a vacant lot between H O Motor Supply and the Quick Lube. On the east of the lot is the industrial type use. The Quick Lube extends back almost to be adjacent to the property. The easement to this lot goes through the vacant lot in front. Fraser asked if the easement was adequate for a commercial use road? Greer stated that the easement was 30 foot and according to building codes that would be adequate. Gould asked about the easement being granted by Streeter? Greer stated that at one time the property was all owned by D. B. Lister and the parcel owned by Streeter had been sold to him by Mr. Lister with the easement already on the Certificate of Survey at the point ^ ` of sale. Greer felt that it was probably Mr. Lister conveying his own easement. 1 Loop asked if Tract 4LH was vacant? Greer stated that it has an industrial type use. Hash asked what had been the past use of the property since Mr. Streeter indicates it had been agricultural and Mr. Lister indicated that a business had been on it. Greer stated that he was not sure since primarily it is a weed patch. He also pointed out that the property has been subject to a lot of boundary line adjustments so this tract is not the same configuration it has been. Fraser felt that since the Zoning Regulations stated that the property should be fronting on major arterials for the business classification he did not know if this proposal was in the best interest of the area or to create a situation 'of utilizing an easement to access a business property. Manning asked what the use of Tract 4Y was? Greer stated that it was vacant. Hash asked how far from Highway 35 the tract was located? Greer felt that it was probably 165 feet and the entire tract would be within 250 feet of the highway. Motion Gould moved to adopt the findings of fact found in the FRDO Staff Report #FZC-90-5 and to recommend approval of the change in zoning. Fraser seconded the motion. The motion passed by a majority with Hall voting no and Fraser abstaining. MILTON CARLSON Hash introduced the proposal for a conservation easement for a 19+ CONSERVATION acre tract of land in Section 6, Township 28 North, Range 21 West, EASEMENT REQUEST P.M.M., Flathead County, Montana. Greer gave a staff report summarizing the details of the request. He showed the area involved by a map on the wall. The easement follows Grandview Drive on the west and then extends up to where the right- of-way alignment for Grandview would extend towards Evergreen Drive. The reason it is before the Planning Board is because state law requires the local planning jurisdiction to review and give a recommendation before such an easement can be recorded. The comments are merely advisory in nature. The grantors wish to maintain the ecological value of their property and they intend to grant this easement to the Flathead Land Trust for their care. Some of the requirements of this easement are that the property remain in its present natural condition and no roads be built on it. He noted that this property does extend up to where the right-of-way alignment would extend between the Community College and Evergreen Drive across the river. The road is shown on the Master Plan map as a collector in the future. This conservation easement could interfere with the future acquisition of property to extend West Evergreen Drive over the Stillwater River. Theoretically it would affect the northerly 30 to 60 feet of this property. 2 Milton Carlson gave the rationale for this. He stated that the law has been on the books for 15 years. In considering all the factors of �zoning and land use and it was felt that anytime you could further restrict land use it would be for the benefit of the people living here in the future as well as a benefit for property values. Fraser stated that he agreed with Greer's concern about the potential for a road to go east and west from West Evergreen Drive as well as the future possibility of the widening of Grandview Drive right-of- way. Fraser asked if there was a chance that the easement could be re -written to allow these two activities. Milton Carlson felt that could be accomplished by use of the condemnation laws. Sloan stated that having sat on the TAC Committee the extension of West Everqreen Drive over to Grandview is not necessarily a priority. Gould asked where the area was in relationship to the Stillwater River. Milton Carlson stated two-thirds of the area was in the 100 year floodplain. Motion Fraser moved to recommend approval of the conservation easement as presented. Lopp seconded the motion and it passed by a majority with Sloan abstaining. —`KALISPELL ZONING Hash introduced the proposed comprehensive amendment (rewrite) of / ORDINANCE REWRITE Kalispell Zoning Ordinance No. 1110. Hash stated that the purpose of the public hearing is to take input from the public. She added that the Board would not be voting on the amendment yet and that there would be future workshops and hearings on the matter. She introduced five letters in favor of the zoning ordinance amendment proposal. The letters were from Architects Design Group, Kalispell Development Corporation, Great Northern Llama Co. - Steve and Sue Rolfing, Arthur E. Otto, and City Manager Bruce Williams concerning Design Review. She also added that there will not be proponents and opponents sections but rather that all can make their comment. Greer gave a brief staff report summarizing the history and highlighting the major changes to the present Kalispell Zoning Ordinance. He pointed out that this ordinance is only applicable to property within the city limits of Kalispell. Public Hearing Hash opened the public hearing calling for comments from any who wished to speak in favor or against the proposed amendment to the Kalispell Zoning Ordinance. Jim Pannell, Myhre Advertising, stated that their sign activity falls under the five year amortization schedule. He stated that is terribly complex and that their attorney is responding to this issue within the next couple of weeks. Their business cannot deal with prohibition. They do not see the issues as being black or white but / \ more in the gray vein. They asked for a middle ground in the process. He felt the change at this point would be actually anti -business. He \ / 3 stated that they subscribed to standards in size for outdoor ` advertising defined by the Outdoor Advertising Asso. of America. Size is of paramount importance for the purposes that people use. He added that they cannot function under 300 square feet. He stated that they feel that the proposed sign portion of the ordinance would threaten the existence of Mvrhe's Business in the valley. They feel that joint cooperation is a more appropriate way to resolve the issues than prohibition. Nick Haren, Kalispell Area Chamber of Commerce, reiterated their support of land use planning and sign regulations and look forward to the ultimate finished document. Bruce Lutz, representing the Kalispell Development Corporation, stated his agreement with Nick Haren. He felt that it was time for Kalispell to begin looking at signage just as they do with design review and land use. The KDC is a pro -development organization. He hoped that the ordinance would end up being one that is right for Kalispell. Chuck Anderson, owner of Gold Nugget Casino, stated that they invested lot of money in their signage and abided by the existing codes. They felt that it is unfair to ask them to remove what they have built in good faith. Other communities have consistently grandfathered all signage that was built in good faith. The least that they wished the Board to consider existing signs that were built in good faith be grandfathered as they are. Dan Ringquist, Ringquist Signs, stated that he was not against regulations. He stated that some of the problem that is existing now is that there has been poor communication and some people have obtained wrong information. He asked that the sign people be given a voice in the sign regulations section. He asked that the Board will give the people who know the sign business a chance to discuss this business as it is very complex. Charlene Lowitz, owner of Teachers and Kids Too, asked about arrow signs and whether it will be grandfathered. She felt that the people who have non -conforming signs should be allowed to keep them and for them to be grandfathered. Gary Hoxmer, Western Neon Sign Company, still feels somewhat opposed to this sign code. He felt there needs to be a sign code but that the proposed code was the wrong one. He felt that there are so many provisions in this proposed code that were ridiculous. He felt that this city was different that other cities where this sign code was taken from. He added that since Montana is getting into the gambling picture that will change the type signs on the landscape. The type of sign at the Gold Nugget is gambling oriented. He felt there are a lot of places where flashing bulbs, neon, etc. have their place. Hash suggested that the sign company owners should go through the proposed sign ordinance point by point and submit their suggestions to the planning board. 4 , ,--� Beverly Mason, partner in Masonized Dry Cleaning, suggested there should be a grandfather clause for existing businesses. It is an undue financial burden to give up something they have put a great deal of money in. She felt that the amount of signage according to the zoning should be considered. Tom Hines, Anderson Theatre Company, expressed concern for the sign code stating that he felt the Strand Theater Sign would be in jeopardy. He felt that the sign that associated with that theater was a historical landmark due to the length of time that sign has existed. It is one of the last neon signs on a theater in Montana. He felt that the Strand sign is art and he would hate to see us lose that sign just because we are trying to get rid of flashing lights. Gary Therrien, Western Neon, asked Greer if exposed neon tubing is illegal by the proposed regulations. Greer stated that nowhere does it say it would be prohibited. It apparently indicated that it might be illegal in an earlier version of the draft ordinance. Mr.. Therrien also asked about how the calculation of sign face works. Greer stated that calculating the sign face is shown in the definitions chapter. Mr. Therrien stated that he has a problem with the conditions placed on reader boards. Gould again asked about how neon is regulated by the proposed regulations. Greer stated that if the neon is not flashing it is not regulated by these proposed regulations. Larry McCrea, Outlaw Inn, stated that the proposed widening of Highway 93 would probably affect the possibility of grandfathering signs such as the one that the Outlaw Inn has. Most of the businesses along that part of the city would have to relocate their signs and under the current proposal those signs would not have grandfather status. This will eliminate the opportunity for amortization that each of those businesses would deserve. Steve Cervantes, Community Development Director, felt that this regulation was very lenient. He wanted to go on record as supporting the regulations as written with some fine tuning. He gave some pictures to the planning board taken of signs that showed uncontrolled signage. He reiterated that there is a need to regulate and control signage. Eloise Hill stated that she would like to see the Bed and Breakfast portion of the regulations strengthened. She felt that current regulations were wishy washy and that she preferred the proposed regulations. Just being nominated for the listing as a Historical place does not give the Board of Adjustment the necessary regulations to consider. She felt there should be a time frame to comply if they are just nominated. She felt that the people who run the Bed and Breakfast should also be the owners of the establishment. Gary Collier, Kalispell Sign Company, stated that he is against the sign regulations. Why do we have to keep taking a sign ordinance out 5 , of Colorado? He also had a problem with the setback requirements for ~~` signs. The sign companies do not design the signs they do what the (`\ customer wants. He asked why a sign regulations could not be written that reflects Kalispell instead of others. There being no further comments, Hash closed the public hearing. Recess At this time the Board took a five minute recess at 8:35 p.m. Reconvene Hash reconvened the meeting at 8:40 p.m. OLD BUSINESS Greer stated that several members of the Board will have terms expiring at the end of December. Those whose terms expire are Hash, Manning, Hall, Sloan, and Stephens. All indicated that they would like to remain on the Board for another term. NEW BUSINESS Discussion centered on the next step for the Kalispell Zoning Kennedy felt that the Council is supportive of getting the regulations in place soon. Hash felt there should be a workshop now to consider these comments and any other comments yet to be received. Kennedy asked Greer to write to all the sign companies and request their written comments by January 1. Greer said he would and that the January meeting would be their workshop on these regulations. ADJOURNMENT Sloan moved to adjourn and Fraser seconded. The meeting was adjourned Therese Fox Hash, Chairperson - / �� �/�/ Approved: ` / / ' ' ' 6 � Ava Walters, Recording Secretary