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08-15-88 Planning Board Special MeetingSPECIAL MEETING KALISPELL CITY -COUNTY PLANNING BOARD & ZONING COMMISSION MINUTES MEETING OF AUGUST 15, 1988 ROLL CALL AND President Manning called the special meeting to order at 5:45 CALL TO ORDER P.M. The meeting was necessitated by the lack of quorum at the August 9th meeting. Board members present were Fraser, Stephens, Furlong, Robbins, Hall, and Manning. Board members absent were Sloan, Hash, and Reynolds. David Greer represented the Flathead Regional Development Office. Also present was Howard Gammet. APPROVAL OF The minutes of the meeting of June 14, 1988, were approved on a MINUTES motion by Hall, second by Robbins, with all members present voting aye. REQUEST FOR Manning introduced a request by Chester Ellingson to amend the AMENDMENT - Preliminary Plat approval of North Springwood by seeking a NORTH SPRINGWOOD waiver of the tanker recharge requirement. Manning asked Greer PRELIMINARY PLAT to review the staff report. APPROVAL Greer stated that Ellingson was approved for a subdivision in October of 1986 called North Springwood Subdivision, and one of the requirements of that subdivision was to put in a tanker recharge facility, which is necessary for fire protection, where fire trucks can recharge their tankers. When Ellingson reached the final plat approval stage, he decided it wasn't necessary and he obtained a letter from the fire department saying he really didn't need the facility. The only way the preliminary plat approval of a subdivision can be amended or changed is to go back through the public hearing process. Greer explained that was done last week, where an evaluation of the request was provided, and staff is recommending the granting of the variance, mainly because the fire department states it isn't needed. The fire department states they have a 4,500 gallon tanker and the tanker recharge that would go in the ground would just be a 2,000 gallon tanker. The department says that mutual aid is available and that there are fire hydrants within one mile of the subdivision from which they can recharge their tanker. This recommendation would go to the County Commissioners for final action. Furlong asked if the condition was waived in this instance, would that waive the requirement in other subdivisions? Greer replied that each would have to be considered individually on a case by case basis. He stated this condition is automatically required for any subdivision in the county having 6 or more lots. If the subdivider chooses not to install the facility, it would require a variance. He stated the Commissioners generally agree with the so-called experts (fire agency). Manning stated there had been one letter of concern from an adjoining landowner who felt it was important to have the r� facility. Greer stated that all of the adjoining landowners had been notified by certified mail of the variance request, and this particular individual lives in Colstrip and was opposed pending more information on the subject. Motion Fraser moved the Board accept the findings of fact as presented in the staff report; Hall seconded; all members present voted aye on a roll call vote. Stephens moved to recommend to the Board of County Commissioners the waiver of tanker recharge requirement; Hall seconded; all members presented voted aye on a roll call vote. HIGH PLAINS Manning introduced a petition by High Plains Pizza, Inc. for PIZZA PETITION- annexation and zoning of Lot 13, Block 3 of the Phillips ANNEXATION AND Addition. Manning asked for the staff report. ZONING Greer stated the request was by Howard Gammet of High Plains Pizza and that Mr. Gammet is in the audience. He said basically the property is where Lenwood intersects with Woodland Park Drive_ and the applicants are proposing annexation because they want to provide a pizza delivery business at that location and need city sewer. The water is from the Phillips Addition Community system. Greer stated the property is contiguous to the city limits, and as far as services are concerned, the sewer would need to be extended to their property and the applicant would need to install a fire hydrant within approximately 300 feet of the property. Upon annexation, they would be provided with police and fire protection. Greer said that zoning is evaluated with 12 criteria, which is set forth by state law (MCA 76-2-304). Each criteria was addressed in the staff report, which had been reviewed at the previous meeting. Greer said the property is now in the County and is zoned neighborhood business and the applicant is requesting neighborhood business under City zoning, and staff doesn't see any additional impacts under that zoning, so is recommending that the property be annexed and zoned B-1. Staff recommends annexation with seven conditions; the water main be extended as necessary to install a fire hydrant at the intersection of Woodland Park Drive and Conrad Drive, sewer main be extended to provide service to the lot, improvements including the water main extensions, the fire hydrant and sewer extensions be installed in accordance to all applicable City codes with the costs to be borne by the petitioner, any construction on the property or remodeling of the existing structures be accomplished with full compliance with building, mechanical and plumbing codes of the City of Kalispell, that all deliquent taxes be paid prior to annexation, that all individuals, parties, or others having a legal interest in the property consent to the annexation, and the parking area of the business be paved. 2 Furlong questioned if the Phillips Addition water supply is independent of the City of Kalispell. Greer replied yes. Furlong asked if the extension of the sewer and water main was only to the intersection of Woodland Park and Conrad, and would that apply only to the hydrant. Greer stated the applicants need the city sewer and would extend that to their property. He said that the fire department needs a closer hydrant, so the applicants would have to extend the water from somewhere on Conrad Drive to the intersection to install the hydrant. Furlong questioned if the conditions are acceptable to the applicant. Greer said that in his discussions with the applicant they were fairly happy with the conditions, although they might have some concerns about bearing the full cost of the water main extension for the fire hydrant. Motion Fraser moved to adopt the staff report as the findings of fact for the zoning and annexation of High Plains Pizza, Inc., to the City of Kalispell; Stephens seconded; all members present voted aye on a roll call vote. Hall moved to recommend to the City Council to annex and zone Lot 13, Block 3, of the Phillips Addition, based on the findings of fact; Fraser seconded; all members present voted aye on a roll call vote. WARD PETITION - Manning introduced a petition by Mabel E. Ward for annexation ANNEXATION and zoning of a tract of land located near the southwest corner AND ZONING of Appleway Drive and Meridian Road. He asked Greer to review the staff report. Greer identified the Ward property on the wall map and stated it contained her own house and five long-term rental cabins. The property presently has city water, but needs sewer service because of failing septic systems. The present zoning under County zoning is general commercial and is requesting RA-1 zoning in the City which is residential apartment, which would mean she could be annexed into the City as a conforming use. There is a fire hydrant across the street, the sewer has already been extended to all of the separate facilities on the property, and she has, under separate documents, waived her rights to protest annexation. Staff evaluated the zoning, using the 12 criteria. The use would be going from a more intensive zone to a less intensive zone, which means there will not be any increase of congestion of the streets and there will not be any additional hazards to public health and safety with annexation and zoning to the City. Staff recommends that the property be annexed and zoned RA-1, and since all the services are in place and available to the property, no conditions are being recommended. Furlong questioned the statement that the sewer has already been extended. Greer stated that sewer service can be received if a property owner signs a consent to annex and waive the right to protest annexation and the right to protest special improvement districts. If the services are needed right away, the City uses that process pending full annexation into the City. Motion Stephens moved to accept the staff report as findings of fact; Fraser seconded; on a roll call vote all members present voted aye. Hall moved to make a recommendation to the City Council that the Ward property located on the southwest corner of Appleway Drive and Meridian Road be annexed to the City and zoned RA-1 Residential Apartment based on the findings of fact; Furlong seconded; on a roll call vote all members present voted aye. CITY OF KALISPELL Manning introduced a petition by the City of Kalispell for PETITION FOR annexation and zoning of a tract of land located on the westerly ANNEXATION AND side of Airport Road and as further described as being Tract 1G ZONING in the NE4 NE4 of Section 19, Township 28 North, Range 21 West, P.M.M. Manning asked Greer to review the staff report. Greer stated the property is 2+ acres across from the Kalispell Airport, adjoining the city limits on the north. He said a new trunk sewer runs along the northerly boundary and a water main down the easterly side of the property, with a fire hydrant within a couple hundred feet. The City has requested annexation and staff is recommending RA-1 Residential Apartment zoning. The reason staff is recommending RA-1 in that the adjoining property within the city limits is zoned that and it is also in conformance with the master plan. The present county zoning is R-1 Single Family Residential, and the reason it is zoned that is because services aren't available to the property unless annexation occurs. Greer stated the 12 criteria for zoning had been reviewed at the previous meeting, but he would mention traffic congestion. He said with an RA-1 zoning classification, single family or multiple family can be built. So the daily vehicle trips could be as little as 6 or many as 414. Greer said that if the traffic was 414 trips, the road has the capacity to handle the traffic, but at intersections such as 18th Street or Highway 93, there could be some congestion problems. He said that other than the potential traffic problem, staff feels that health and general safety can be served with the RA-1 zoning classification. Motion Fraser moved that the staff report be accepted as the findings of fact, Robbins seconded, all members present voted aye. Fraser moved that the Board recommend to the City Council that the Airport Road property be annexed to the City and zoned RA-1 Residential Apartment, based on the findings of fact; Furlong seconded; all members present voted aye on a roll call vote. OLD BUSINESS Furlong stated that he had expected to find action on the City's proposal to annex property next to the Fairground. Greer stated that there had not been enough time to meet legal notice dates to bring it to this meeting; also he stated there were some unresolved questions regarding who would pay what costs. 4 Hall stated that the Board made a motion to deny the Ryder Truck zone change and the City approved it anyway. He asked what the Board can do about making the property owner clean up the property. Greer stated they had told the Council that they would landscape and pave the parking lot. Greer said that he thinks they still need a conditional use permit and he doesn't know if they've gone through that process, but he stated he thinks it will be done, but he's not sure when. Hall asked how the City can allow a used car lot at the intersection of Idaho and Main? Furlong stated it complied with the zoning. Greer stated there is someone who wants to put an auto body shop in the B-3 zoning classification. He said that an application has been submitted by a party who wants to place one between Baskin Robbins and the Payless Shoe Store and that it will be on the agenda next month. Hall asked whatever happened to Schwartzenberger. Greer said it was zoned agriculture, and right now the attorneys are posturing. But, Greer said, there has been no approval for the wrecking facility. NEW BUSINESS Greer advised the Board that Evergreen would be the next area for zoning. He stated there would be three public information meetings held on August 30, September 20, and September 29, with � a public hearing before this board in October with a \` J recommendation to the County Commissioners late in October, with hopefully action by the Commissioners in December. He urged that the Board attend any of the public information meetings they could. Greer advised the Board of the Montana Association of Planners meeting taking place on September 15th and 16th at the Outlaw Inn, being held in conjunction with the Montana League of Cities. ADJOURNMENT The meeting was adjourned at 6:25 P.M. on a motion by Fraser with a second by Robbins, with all members present voting aye. Charles Mann' , si nt Dorothy Hea d, Recording Secretary APPROVED• 5