03-10-87 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
MARCH 10, 1987
CALL TO ORDER The meeting was called to order by Charles Manning, President, at
AND ROLL CALL 7:84 p.m. Those present were Manning, Stephens, Hall, Treweek,
Trippet, Hash, and Gunnerson. Sloan and Reynolds arrived a few
minutes late. Others present were David Greer, Senior Planner, Andy
Epple, Planner II, and Steve Herbaly, Planning Director, from the
Flathead Regional Development Office.
APPROVAL OF MIN- Trippet moved to approve the minutes for the meeting held on January
UTES JANUARY 13 13, 1987. Gunnerson seconded the motion and it passed unanimously.
1987
STREICH ZONE Manning introduced the request by Orrin Streich for a change in
CHANGE REQUEST zoning classification from I-2 (Heavy Industrial) to R-2
(Residential) as pertinent to a portion of Tracts 1 and 2 of
Certificate of Survey (COS) #6765. Said request further seeks to
reduce the width of a "greenbelt" buffer zone as described by Tract 1
of COS #6765.
Andy Epple gave the staff report saying that the 17 acres is
currently zoned I-2 (Heavy Industrial) with a buffer approximately
100 feet wide on the west side of the subject property in which no
industrial activity can occur. The proposal is for the northerly
4.274 acres of this tract to be re-classified as R-2 (Residential)
with a minimum lot size available of one-half acre. The remainder of
the property would remain industrial zoning. The applicant is also
requesting to reduce the width of the buffer strip from approximately
100 feet to approximately 30 feet. The property is currently open
space and has not been used for industrial purposes even though it
has been zoned for such use since 1982. When it was zoned industrial
by resolution of the County Commissioners, it was stipulated that if
the property was not purchased by PlumCreek the owner shall "have
right of access to R-2 development in the future." PlumCreek has not
purchased the property to date and, therefore, the request is made on
that basis. Epple reviewed the 12 criteria as required by the
statutes for review of zone change requests of this type. This
particular area is recognized as a transitional zone and in such case
either use (Industrial or Residential) is acceptable as long as
adequate buffer areas are maintained. The request for the change in
zoning was found to be compatible with a majority of the 12 criteria.
The request to reduce the buffer raised some concerns of placing the
potential for industry too close to residential, reducing the access
to light and air for the residential area, non-compliance with the
intent of the. Master Plan, was not an appropriate use of the land,
and could possibly reduce the value of adjoining property. Epple
added that the Department of Health officials have indicated that
there are serious restrictions to the use of on -site sewage disposal
systems on that acreage which will result in less than the 7.
potential homesites being developed. This restriction is due to high
ground water levels in the area. The northern portion of the property
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is surrounded on two sides by R-2 zoning and so it would be
compatible to zone this area as such. Epple stated that the staff
�— recommendation is to approve the requested R-2 zoning for the
northerly portion of the tract and to deny the request to reduce the
greenbelt buffer and that a 100-foot greenbelt buffer be established
along the north side of the remaining I-2 property to allow for
adequate screening for the newly zoned property to the north. Epple
added that two comments have been received from the public. One
letter has been received from PlumCreek indicating their
dissatisfaction with the proposal stating that they would rather see
the area remain in I-2 zoning. Tom Sands has indicated that the
intent of the property owner is to get the R-2 zoning to provide for
one single family residence to be built on the portion of the 4.274
acres that could accommodate an on -site disposal system.
Public Hearing Manning called on proponents of the proposal.
Tom Sands, representative of Orrin Streich, stated that on the 4.274
acres there is only one natural building site available at this time
due to the ground water level under most of the property. This 17
acre piece was zoned conditionally by the Commissioners based on the
fact that Orrin Streich had an agreement at that time with PlumCreek
to buy the property and their condition for purchase is that the
property would be zoned I-2 before they would buy it. Mr. Streich got
it zoned I-2 with the understanding that if PlumCreek did not
purchase it the property could be accessed with R-2 zoning. It left
Mr. Streich in a bad spot when PlumCreek decided not to buy it. Mr.
Streich has a possible buyer for the proposed northerly tract and
that is the reason to rezone it to R-2.
Trippet asked where the access to the lot is? Sands stated that the
access is shown on the map across a piece of property in Kings Loop
that Mr. Streich had an agreement with (Lot 26). He did not know what
the status of that access is now and if it were not available they
would have to access the property from the cul-de-sac on Kings Loop.
Howard Weiss raised an objection to access to the property because
previously Mr. Streich built a road accessing the cul-de-sac on
Cheery Lynn Drive. He was positive the Mr. Streich would want to
access that route. He is opposed to using this approach to the
property but otherwise was not opposed to the proposal.
Manning called on opponents to speak.
Dan McCormick, Manager of Panel Operations for PlumCreek, stated the
opposition of PlumCreek to the zoning change as requested by Orrin
Streich because it would add difficulty to Plum Creek operating in a
residential area. Adding more residential housing near the Plant
would increase the dissatisfaction with the facility. It is their
feeling that this will only further jeopardize the operation of the
Evergreen Operations of PlumCreek.
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Board Discussion Hall asked Sands where Mr. Streich would access the property? Sands
pointed out that the access would be from Lot 26 if the easement
still exists or from the Kings Loop cul-de-sac.
Gunnerson suggested putting a buffer on the east side of the area to
be zoned R-2. Epple felt that was something to consider although it
is usually customary to have the buffering on the industrial side
rather than the residential side.
Hall asked whether a condition could be put on that zone change to
limit the development to one residential site? Trippet stated that
was not possible and if a sewer system was every put in then the
property could be developed into the one-half acre lots.
Sloan voiced her concern over one more septic system being installed
in the Evergreen area adding that Evergreen is going to have to deal
with the problems in that area.
Motion
Hall moved that the Board recommend approval of the requested zone
change for the northerly 4.274 acres from I-2 to R-2 and retaining
the existing 100-foot buffer on the west and north sides of the
remaining I-2 property and adding a 100-foot buffer on the east side
of the northern 4.274 acres to be rezoned. Trippet seconded the
motion, which passed by a vote of 6-2. Those opposed were Gunnerson
and Sloan.
PROPOSED MODI-
Manning introduced Glen Neier, Kalispell City Attorney, to give a
FICATION OF
proposal of the City to modify the redevelopment plan.
(�
DOWNTOWN RE-
DEVELOPMENT PLAN
Glen Neier stated that on the previous evening at a special Council
meeting the Council passed a resolution of intention to modify. the
Downtown Redevelopment Plan for approving a certain urban renewal
project. This urban renewal project concerns the relocation of
Griffin Field to the Begg property donated to the City. The process
would be completed using Tax Increment money and funding available
through the repayment of the UDAG Loan, which is the loan on the
Kalispell Center Mall. Under the law, before the City Council can
pass an ordinance amending the redevelopment plan it has to be
brought before the Planning Board. The Planning Board is to look at
four criteria: 1) Determine whether the planned project will cause
persons to be displaced by the project; 2) Does the project conform
to the Kalispell City -County Master Plan; 3) Does the project afford
maximum opportunity consistent with the needs of the community as a
whole; and 4) Does a sound and adequate financing program exist for
this project. Neier found that the moving of Griffin Field would not
cause anyone to be displaced nor would it be in opposition to the
Kalispell City -County Master Plan. No plan is set for the old Griffin
Field at this time outside of cleaning it up. Neier added that a
portion of the funding for this project could be obtained from money
available in Ed Gallagher's department due to a project that had
surplus funds. The estimated funding cost is $220,000. Neier said
that the Planning Board has to determine if the proposal is
compatible to the four criteria.
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Sloan asked if the Baseball Association was in agreement with the
move? Neier stated that they are in agreement but that the City would
retain ownership of the field and would not donate any portion of the
park to the Baseball Association. The baseball fields would be
designed so that American Legion teams could play on it but the park
will not be for the exclusive use of the American Legion Baseball
League. Mayor Kennedy stated that this will be a multi -use park and
as it is developed there will be provision for a variety of uses as
well as parkland.
Manning asked Greer if he had time to review the plan and asked if it
was the staff's feeling that this plan would conform with the
Kalispell City -County Master Plan? Greer stated that the staff had
not had time to review it but he felt that it would conform to the
Master Plan.
Motion Sloan moved that the proposed amendment to the redevelopment plan is
in compliance with the Kalispell City -County Master Plan. Seconded by
Trippett, the motion passed unanimously.
Mat ion Sloan moved to recommend to the City of Kalispell approval of the
modification of the Kalispell Downtown Redevelopment Plan as
presented by Glen Neier. Seconded by Reynolds, the motion passed
unanimously.
PROPOSED WILLOW Manning introduced the proposal to establish county zoning districts
GLEN AND VICINITY in an area east and southeast of the City of Kalispell. Said area is
-� ZONING DISTRICTS generally described as being bounded on the north by U.S. Highway
2/Montana Highway 35, on the east by the Flathead River, on the south
by Lower Valley road, and on the west by U.S. Highway 93 South and
the Kalispell City Limits.
Greer gave a staff report on the proposal saying that these will be
county zoning districts. He gave some of the background on the
origination of the proposal which began in 1985 upon request by the
County Commissioners. Eventually the plans are to work around the
City of Kalispell with the Willow Glen and vicinity area being the
first area considered. Greer pointed out that there are 3 existing
zoning districts within the area under consideration. Those districts
are the Greenacres, Zimmerman Road, and Caroline/Collier Zoning
Districts. There are a lot of different types of land use exhibited
by the area. What the staff tried to do was look at the existing
situation and tried to zone accordingly. Generally the proposal does
comply to the Master Plan except for an area along Kelly Road, which
is shown as Industrial when it is designated Commercial in the Master
Plan. The proposed zoning is compatible with the existing
transportation capabilities of the area. High density or intensive
development is not anticipated by the zoning in areas where it is not
suitable for development. Greer stated that the proposed zoning is
appropriate given the inherent natural and artificial constraints of
the area and the pattern of growth and development anticipated by the
Master Plan. Greer presented eight letters that were received by the
FRDO. Mark III, Inc., located near the Greenacres area, asked that
`) their property be omitted from any zoning. Letters favorable to the
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zoning proposal are from Ben and Anne Taylor and Donny and Debbie
Birks. Bob and Janet Porteous requested a business zone for their
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property since they are taxed for their established commercial use.
Norm Bjelland, Bruce D. Tabor, and John Swartzenberger all requested
that their properties be zoned for industrial use as that is the
current use of the land. Wrangler Oil Company requested that a piece
of property purchased several years ago and located on Willow Glen
Drive be zoned for neighborhood commercial. Greer showed a map with
each of the locations of those requesting zoning different from that
proposed. The staff recommendation is that the area east and
southeast of Kalispell be zoned to include the following zoning
classifications:
R-1 (Estate Residential)
R-2 (Rural Residential)
R-3 (Urban Residential)
R-4 (Urban Residential)
R-5 (Urban Residential)
RA-1 (Residential Apartment)
B-1 (Neighborhood Business)
B-3 (General Business)
I-1 (Light Industrial)
AG-2 (Agriculture)
P-1 (Public)
The specific boundaries for each zone was presented on a wall map.
The map was dated 3/87 and labeled as the "FRDO Recommendation."
Questions How far north from Lower Valley Road on either side of U.S. Highway
93 are industrial uses now? Greer stated that from Swartzenberger's
north to Twin Acres Road on the east side of U.S. Highway 93.
Recess Manning recessed the meeting at 8:30 p.m. This was done so that
members of the audience could informally ask some general questions
before the public hearing was conducted. The meeting reconvened at
8:53 p.m.
Public Hearing Manning called on proponents of the zoning proposal.
Christina Granrud spoke in favor of the proposal and voiced
opposition to allowing the neighborhood commercial zone on Willow
Glen Drive for Wrangler Oil.
Dick Wallace supported a majority of the zoning designations. He
asked about a County park, 4 acres in size, which appeared not to be
designated. There are also 2 well sites that will be deeded to the
Homeowner's Association of Greenacres, one on the corner of Eagle and
Woodland Drive and the other is along the slough. He asked for those
sites and the park sites to be designated appropriately. He would
also like to see a buffer zone around the Greenacres Subdivision to
protect against commercial development.
Dave Grohusky, of City Service, is generally in favor of the zoning
('._ l proposal except for the commercial designation for the four parcels
of property owned by City Service, where there are storage tanks etc.
in the areas south of 18th Street.
Sharon Clift stated that she was basically in favor of the zoning
proposal except that their property is in a proposed R-2 area and
they would like it to be zoned R-1 since they have livestock and
other agricultural uses. Greer showed the Board where her property is
located, which is south of a mobile home park located south of
Montana 35 Highway and along South Cedar Drive.
Danny Broland stated that he is in basic agreement with the zoning
plan as it conforms basically with the current land use in place
except for his location on U.S. Highway 93 which is used as light
industrial. He stated that the industrial uses along U.S. Highway 93
have been established as long or longer than those industrial uses
along Kelly Road.
Sam Hanson expressed concern for the commercial designation for his
property, Valley Transfer located on lots 7H, 76, and 7HB, 7I, 7AC,
7K, and 7AD, which has been there for 25 years. He requested light
industrial zoning.
Bruce Tabor, owner of A-1 Vacuum, stated that he felt there should be
light industrial zoning for the area from Valley Transfer to
Swartzenberger's along U.S. Highway 93.
Bob Porteous stated that he has a commercial business which he would
like to expand and there is trailer spot that is rented also. He
would like to be classified in such a way so that he can continue to
rent the trailer spot and expand his commercial business. Greer
explained that as it stands now on his property the rental of the
trailer space and the commercial business would be non -conforming
uses. If the trailer space was left vacant for a period of 180 days
then there could not be another trailer put in that space.
Manning called on opponents of the proposal. There being none, the
public hearing was closed.
Board Discussion Hall asked about the requests by various ones for Industrial zoning
in the area along U.S. Highway 93? Greer stated that the reason the
staff proposed commercial zoning for that area is because the area is
an entrance to Kalispell and commercial zoning would be in
conformance to the Master Plan. Granted many of the businesses along
U.S. 99 from Swartzenberger's to Twin Acres Drive are light
industrial but those areas north of Twin Acres have varied uses from
vacant land to industrial. No matter what that area is zoned there
will be non -conforming uses. In reference to the Kelly Road area, the
staff felt it would be fine for industrial uses there because it is
screened somewhat from the highway. Manning asked about controlling
the uses in an industrial zone through the conditional use process?
Greer stated that a particular use that may have a negative impact on
an area may require a use permit and, through the review of this use
permit, control can be exerted in terms of screening etc.
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Manning stated that there are two things that need to be addressed by
the Board. First, the Board needs to vote on the recommendation from
the planning office, and, secondly, decide what changes should be
made.
Hash stated that she was in favor of proposing the planning office's
recommendation for the area along U.S. Highway 93 where some
industrial uses are located. She did not find light industrial uses
to be the most desirable to be located along a major arterial coming
into a community. These uses will be allowed to continue under the
grandfather clause. She felt that she would not like to have that
area locked into industrial zoning.
Trippet expressed the opinion that the people along U.S. 99 purchased
their property and decided how they wanted to use it and he is
opposed to zoning differently than the property is being used. He
wanted to see it zoned Light Industrial as far north as Valley
Transfer.
Sloan felt that there should be a real concern that the entrance to
the city be commercial rather than industrial.
Reynolds felt that the Board should allow the House of Oak business
to be in a commercial zone because they have been there for a long
time and have put their request in writing. Manning stated that it
could be recommended to the County Commissioners but it might be
considered to be spot zoning. Reynolds added that he did not want to
see neighborhood commercial status given to the property owned by
Wrangler Oil but saw no problem with allowing the House of Oak to
exist and expand. Mr. Porteous stated that all of the property on
either side of him was residential but the County Shop is directly
across from him and that use definitely impacts the usefulness of
that area to remain residential. He added that Bill Russell, which
has a junk yard across from his property and next to the county shop,
is a blight on the area. Manning asked if a buffer would have to be
put in between the county shop and residential areas? Greer stated
that the zoning regulations do not speak to there being a buffer
between public zoning and other zoned areas.
Trippet and Hall expressed favor for allowing the city service and
bullet making business to be light industrial (south of 18th Street.
Members of the Board felt that Mark III, Inc. request to be omitted
from the zoning proposal should not be allowed. Greer stated that
Dean Marquardt called him and stated that R-5 zoning should be ok for
that area of Greenacres Unit 4.
Motion Reynolds moved to recommend to the County Commissioners that the area
east and southeast of Kalispell be zoned to include the zoning
classifications previously outlined and as shown on the staff
proposal map. Hash seconded the motion.
Amendment One Trippet moved to change the area along U.S. Highway 93 from the south
Uboundary of the Swartzenberger property north to the north boundary
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C
of the Valley Transfer property running 300 feet deep classified as
B-3 (General Business) to I-2 (Light Industrial). Hall seconded and
motion passed by a majority of 6 to 2. Sloan and Hash opposed this
change to the original motion.
Amendment Two Reynolds moved to change the zoning designation from B-3 (General
Business) to I-2 (Light Industrial) for the County island located
south of 18th Street, along U.S. Highway 93 and bounded on the south
by the Forest Service Property. Gunnerson seconded and it passed
unanimously.
Amendment Three Trippet moved to change the zoning designation from R-2 to R-1 for
the area south of Shady Lane Trailer Park, east of South Cedar Drive,
and west of Spring Creek. Gunnerson seconded and it passed
unanimously.
Amendment Four Reynolds moved to change the zoning designation from R-1 to B-3
(General Business) for Tracts 5C and 5CH located west of the County
Shops along Willow Glen Drive. Trippet seconded and the motion passed
by a majority of 6 to 3 with Hash, Manning and Sloan opposed.
Motion Trippett moved to recommend that the properties owned by Mark III,
Inc. remain as proposed by the FRDO staff. Sloan seconded and it
passed unanimously.
Main Motion as Question was called on the main motion made by Reynolds, seconded by
Amended Hash and subsequently amended. The motion passed unanimously.
REDUCTION OF Manning began the discussion on the continued consideration of
ZONES strategies and procedures for reducing the number of zoning
classifications appurtenant to the Kalispell Zoning Ordinance.
Greer stated that the staff has combined classifications to eliminate
duplications. He handed out examples of the proposal using C-2 (in
the Redevelopment area) and B-4 (outside the Redevelopment area).
Similar combinations were done as follows:
D-1 with R-5
D-2 with RA-1
D-3 with RA-2
D-4 with RA-3
C-1 with B-3
C-2 with B-4
C-3 with B-5
LM with I-1
PL-1 with P-1
Several classification were merged
classifications as follows:
to create broader zoning
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SAG-1 with R-1
R-2 with R-3
B-1 with B-2
RA-1 with RA-2
D-4 with RA-3
B-6 with B-3 with C-1
The classifications of AG-1 and AG-2 were eliminated as well as I-2
because these three classifications are non-existent in the City of
Kalispell. The bottom line is that with these combinations the
reduction is from the current 33 zoning classifications to 15
classifications and 14 classifications if I-2 is removed. Greer also
made the same combinations for bulk and dimensional standards and
passed out examples of what those combinations would be like. Greer
stated that Ken Jackson and the Kalispell Development Corporation are
reviewing this proposal and so far they have no problems with it.
After further discussion, the Board agreed that the FRDO staff was
moving in the right direction.
STATUS OF AD HOC Manning asked Greer for a status report of the Ad Hoc Sign Committee.
SIGN COMMITTEE
Greer stated that the Ad Hoc Sign Committee agreed to ask the City
Council on the question of need for sign regulations. The City
Council has sent a letter that stated that they would look at a
proposed sign ordinance so the Ad Hoc Sign Committee will be meeting
again. Greer stated that he felt there needed to be further
recommendations from other groups affected and then come back to this
Board.
Manning stated that it was the feeling of the Council that the
process needed to be seen through a public hearing before the Council
would take a stand and vote for it or against it.
OLD BUSINESS Steve Herbaly gave a brief up -date on the Planning Workshop which
takes place on March 11 and 12. He encouraged all to attend and that
there has been a very favorable response to date. It should be a good
workshop.
NEW BUSINESS None.
ADJOURNMENT Sloan moved to adjourn and Hall seconded with the motion passing
unanimously. The meeting was adjourned at 10:05 p.m.
LeJ��
President, Char s Man 'ng Recording Secretary, Ava Walters
Approved:
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