08-11-87 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
AUGUST 11, 1987
CALL TO ORDER The meeting was called to order by Chuck Manning, President, at 7:50
AND ROLL CALL p.m. Those present were Manning, Hall, Treweek, Sloan, and Hash.
Those absent were Trippet, Gunnerson, Reynolds, and Stephens. Andy
Epple, Planner II, represented the Flathead Regional Development
Office and Stephen Herbaly, Planning Director, was also present.
MINUTES OF Hall moved to approve the minutes of the meeting held on July 14,
JULY 14, 1987 1987. Treweek seconded the motion and it passed unanimously by the
quorum present.
WEST SIDE ZONING Manning introduced the proposal to consider the creation of the West
DISTRICT Side Zoning District and to rescind the Foys Lake, Two Mile Drive,
Hartt Hill, Meridian and Meadow Hills Zoning Districts as well as a
portion of the West Valley Zoning District. The proposal would
establish zoning districts in accordance to the zoning
classifications of the Flathead County Comprehensive Zoning
Regulations. Adoption of the zoning district will follow the
procedure of Section 76-2-201 et.seq., M.C.A.
Epple stated that the West Side Zoning District proposal was being
considered by the Planning Board at the request of the County
Commissioners, who established the boundaries of the proposed
District several months earlier. Epple then gave the staff report
describing the perimeters of the zoning district boundaries and
giving brief descriptions of each of the 11 zoning classifications
being proposed. He stated that the general land use character of the
area is varied, that the proposed zoning districts largely reflect
existing land use, and that the proposal substantially complies with
the adopted Master Plan for the area. He said that Highway Commercial
uses are generally restricted to U.S.Highway 93 South and along
portions of Meridian Road. Industrial uses are found in the vicinity
of the Kalispell Airport and south of U.S. Highway 2 near the
intersection with Appleway Drive. Various densities of residential
and agricultural uses make up the rest of the subject area. The staff
recommendation is that the area west of Kalispell and described as
the West Side Zoning District be zoned to include 11 zoning
classifications as depicted on the exhibited map and to rescind the
following districts: Foys Lake, Hartt Hill, Two Mile Drive, Meadow
Hills, Meridian Zoning Districts and a portion of West Valley Zoning
District.
Questions David Messer asked how the zoning will be enforced? Epple stated that
the Flathead Regional Development Office is the designated county
office which enforces the zoning regulations. He explained the
enforcement procedures. Mr. Messer asked how the Flathead Regional
Development Office would keep 20 acre tracts from being created from
100 acre tracts in an area that is zoned AG-2 (80 Acre minimum)?
Epple explained that there is a review process of all recording of
assuring compliance with the zoning regulations. Messer stated that
deeds not surveys, should be screened since deeds not surveys create
divisions of land. Epple felt this should be looked into further.
Forest Farris asked about the purpose of rescinding the existing
zoning districts that are contained inside of the perimeters of the
West Side Zoning District? Epple stated that some of those zoning
districts do not have regulations which include enforcement
procedures and in some cases the regulations may have been improperly
adopted. The new zoning classification that is being placed on those
areas that have already been zoned is the same or very similar so
that the character of the zoning district is not changed. Epple also
explained how a zoning ordinance is adopted.
Hall added that some of the zoning districts do not have provisions
for enforcement and therefore need to be rescinded and replaced with
the new zoning classification and zoning regulations. This will help
make them enforceable.
Mort Daniel asked why the vicinity of Hathaway Lane is given a zoning
classification of R-1 rather than R-2? He felt that there will be a
need for a lot of variances with the R-1 classification than with the
R-2. Epple stated that the current character of the area is reflected
in the R-1 classification and he did not feel that the pressure was
present to require the area to be zoned for higher density. At some
point in the future, the need for this area to have a higher density
may be realized and it would be at that time the zoning
�J1 classification could be changed. Epple went on to explain that
planning is an on -going process and as long as the Flathead Regional
Development Office and the Planning Board keeps track of the
transition areas then.the zoning will be changed as needed.
Herbaly explained that the master plan and zoning classifications are
not etched in stone. He further elaborated on the twelve criteria
used to evaluate the relationship of the proposed zoning to the state
enabling legislation. Ideally, zoning is the implementation of the
Master Plan and should reflect the Master Plan.
Public Hearing Manning opened the public hearing and called for comments from
proponents of the zoning proposal.
Those expressing support of the proposal as it is were Earl Mauer,
Mayme Willis, Mrs. Tisdell, Mr. Jensen, Stanley Gross, Beverly
Schwary, Mark Fivo, Tim Veigel, Nancy Kostman, and Forest Farris.
There were no requests for changes to the proposal by anyone who was
in favor of the zoning proposal.
Manning called for opponents to speak.
Elmer Sieler stated that he has a problem with the zoning proposal in
his area. He felt that it did not ideally fit the area. He stated
that he had signatures of about 75% of the landowners in the area
C bounded on the north by 18th Street West, on the west by Airport
Road, on the east by Highway 93 South, and on the south by Cemetery
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Road. He stated that those petitioners did not wish to be zoned at
all at the present time. His area is proposed to be zoned Light
Industrial and some of the other zoning classifications in this area
are SAG-1 and General Business. Sieler went on to say that he did not
feel that this area was ready to be zoned.
There being no further comments, the public hearing was closed.
Board Discussion Manning asked if the Board would consider changing the metes and
bounds of the proposed West Side Zoning District?
Hall stated that he would not change the metes and bounds but would
like to see change in the area of Airport Road from SAG-1 to R-1.
Manning stated that if the Truck By -Pass comes through the BN Right -
of -Way it would be good to have a little bit more flexibility than
the SAG-1 zoning classification gives. Although it is possible that
the area may change from higher density.
Sloan did not see any reason to change the classification of any
portion of the proposed zoning district at this time pointing out
that no one in attendance was requesting that the proposed
classifications be changed. She also felt that the property in the
area of Cemetery Road and Highway 93 South should be included in the
zoning proposal in order to maintain the integrity of the area.
^ Hash agreed with Sloan.
Motion Sloan moved to recommend that the findings of fact as stated in the
report of the Flathead Regional Development Office be accepted and
that the Planning Board recommend approval of the West Side Zoning
District proposal as presented by the Flathead Regional Development
Office. Hash seconded the motion and it passed unanimously by the
quorum present in a roll.call vote.
Motion Hall moved to give Manning the authority to sign any appropriate
documents in connection with the previous recommendation. Sloan
seconded and it passed unanimously by the quorum present.
OLD BUSINESS None.
NEW BUSINESS None.
ADJOURNMENT Sloan moved to adjourn and Hash seconded. The meeting was adjourned
at 9:05 p.m.
Chuck Manning, P e ' ent Ava Walters, Recording Secretary
Approved: 9A/117
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