10-16-86 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
OCTOBER 16, 1986
CALL TO ORDER The meeting was called to order acting by President James Stephens at
AND ROLL CALL 7:00 p.m. Those present were Stephens, Sloan, Treweek, Gunnerson, and
Trippett. Those absent were LeDuc, Hall, and Manning. Reynolds
arrived at 7:10 p.m. and Sloan left at 7:20 p.m. David Greer, Senior
Planner of the F.R.D.O., was also present.
APPROVAL OF MIN- Gunnerson moved to approve the minutes for September 9, 1986 as
UTES SEPTEMBER 9 submitted. Sloan seconded the motion and it passed unanimously.
WEST WIND VILLAS Stephens introduced the application by Don Barringer and Leonard Nash
ADDITION #202 for annexation and zoning of a parcel of land into the City of
Kalispell known as West Wind Villas Addition #202. The application
for annexation is for a 2.488 acre portion of Tract 5, which is
located in the NE 1/4 of Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana. Generally, the subject
property is located east of Block 1 of Porta Villa and North of Two
Mile Drive. The applicants have requested RA-1 (Residential
Apartment) zoning.
Greer gave the staff report on the application saying that the
applicants have requested that the annexation be "conditional upon
said tract of land being approved by the Farmer's Home Administration
for use as a suitable site for a FmHA 515 apartment complex." Donald
Barringer is the purchaser of the property and Leonard Nash is the
owner of the property. The zoning in the area is R-5 to the west and
RA-1 to the east. They are not bordered on the south by city limits.
Currently, there is a singe family residence on the property with a
drive way leading off of Two Mile Drive. The rest of the property is
vacant.,What the applicants are proposing to build on that site is a
42-unit apartment complex:; The proposed zoning of the property is
consistent with the Comprehensive Plan for the area. The City Staff
has suggested that the water line be extended. from Meridian Road
where there is '..a 16-.inch main. They would like a 12-inch main
extended to the property and the applicant would be responsible for
paying for an 8--inch main with the city paying for the upgrade costs.
There is.a possibility that the water line could tie in south of the
property. On Two Mile Drive there is an 8-inch sewer line and on
Kinshella Drive there is a '1.2-inch line. The lines on Kinshella are
not accepted at this time by the City. There is a, drainage easement
on the property held by the County. This property is landlocked and
the only way to get to it is to extend Yellowstone Street into the
property. The applicants are willing to do it. They are proposing to
dedicate a strip of land for that extension of Yellowstone Street.
The staff is recommending annexation with eight conditions.
Sloan asked if the property was adjacent to Two Mile Drive? Greer
stated that it was not but that the house on the property did have a
driveway leading from Two Mile Drive. Sloan stated that her concern
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was easement rights on the widening of that road. Greer stated that
there would not be anything that could be done here on the
annexation.
Dean Marquardt, representing Don Barringer, stated that they are
happy with the recommendation to be annexed into the City but there
are a few items that may be worked out as they go through the
process. One item is the water main extension. He stated that it is
his understanding that there is a 12—inch main now on Kinshella
Avenue which ends at Two Mile Drive. Assuming that the developers of
Gateway West get that main accepted by the city then this development
could take off from that line. He felt that this type of thing could
be worked out. Another thing was that he felt, after talking to the
Fire Chief, that it would be acceptable to not install the fire
hydrant until prior to occupancy. He questioned the wording of
Condition #6 saying that he felt the only thing required would be a
suitable survey of record. The condition as it stands would require
the individual to go through the subdivision procedures which is not
required for annexation.
Trippet asked if Mr. Marquardt would like Condition No. 6 reworded to
say "suitable survey of record" instead of "separate tract of
record?" Marquardt felt that would be fine. Trippet stated that in
part of condition #4 it says "A fire hydrant shall be installed . . .
prior to the construction of any buildings." Marquardt said that they
would like to have it worded "prior to the occupancy of any
buildings." Gunnerson said that he felt the Board should not change
the wording here without approval from the fire chief.
Discussion followed on the water and sewer main extension. Marquardt
suggested that the wording on these facilities as well as the storm
drainage be changed to just say that they be installed according to
the approval of the Public Works Director and State Department of
Health and Environmental Sciences. Trippet asked Greer why this was
broken down in this fashion? Greer stated that the City staff wanted
to let the developer know up front that there would be costs involved
and services that they would have to provide. The City Staff has also
criticized our office, in the past, for not using their
recommendations in our conditions. The wording under "water" could be
changed to say that if the existing water main on Kinshella Avenue is
not accepted by the City then the applicant would have to extend the
water from Meridian Road. Marquardt felt that many of these details
would be worked out as the application was going through the
processes. Gunnerson felt that all of these details should be worked
out accordingly as it becomes necessary to deal directly with the
appropriate authorities.
Motion Trippet moved to recommend to the City Council that the subject
property be annexed subject to the following conditions:
1. That all individuals having legal interest in the property sign
the "Consent To Annex Agreement and the Notice of Withdrawal
from the Rural Fire District."
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2. That the property be zoned RA-1.
3. that Tract 1 of C.O.S. #6529 be deeded to the City of Kalispell
as a road right-of-way.
4. That all utility and roadway extensions to the property be the
responsibility of the owner and/or developer. This shall
include preparation of all related improvement drawings and the
cost of construction. All plans must be submitted to the
Director of Public Works for approval prior to any construction
and issuance of a building permit.
a. Access: Yellowstone Street shall be extended easterly
from Hawthorn Avenue to the easterly boundary of the
property being annexed. Said extension shall be built and
paved to a minimum width of 30 feet, including curbs and
gutters, and be located within the aforementioned right-
of-way (Condition #3). The terminus of said road shall
include a cul-de-sac or other turn -around acceptable to
the Kalispell Fire Department.
b. Water: A 12 inch water main shall be extended to the
subject property in accordance to the standards and other
applicable requirements of the City, with the applicants
paying an amount commensurate to the costs associated
with extension of an 8 inch line.
C. Sewer: The size of the sewer extension shall be in
accordance to an engineer's study, which details the
sewer "needs" of the developed property.
d. Drainage: A storm drainage plan shall be prepared by a
professional engineer to provide proper drainage from the
site. Said plan must be submitted prior to development of
the site.
e. Fire Protection: A fire hydrant shall be installed on
the property at a location acceptable to the Fire Chief
and Director of Public Works prior to the construction of
any buildings.
5. That the property be de -annexed from the rural fire department
prior to annexation into the City.
6. That a suitable survey be recorded prior to annexation.
7. That no construction or other improvements to the property
which are subject to review and approval under City statutes be
initiated until after the effective date of annexation.
8. That the property not be annexed and no city services provided
if the purchaser/applicant is unable to receive approval for an
FmHA apartment complex.
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The motion was seconded by Gunnerson and the motion passed
unanimously.
j� ZONING TEXT Stephens introduced an application by Francis T. and Rachel L.
AMENDMENT SECTION O'Boyle for an amendment to Section 7.25(b) of the Kalispell City
7.25(b) CLM Zoning Ordinance. The amendment would allow "Banks, savings, and loan
ZONING DISTRICTS institutions" as permitted uses in the CLM (Industrial -Commercial)
zoning districts.
Greer gave the staff report saying this application started with
Francis O'Boyle who owns some property in the CLM district. He has
been approached by someone to use his property for a bank. The Board
must determine whether Banks are appropriate uses in the CLM
districts. The CLM zoning district has a diversity of allowable uses,
which make up the character of the district. Restaurants, motels,
professional offices, contractor's storage yards, and sheet metal
shops are allowed. He noted that banks and other financial
institutions are allowed in D-5, Community Commercial (C-2) and
Central Business (C-3) districts. Also allowed in all of those
districts are professional offices, which are also allowed in the CLM
district. The staff concluded that banks are compatible to the CLM
district and recommended that they be allowed as permitted uses in
that district.
Doug Morton, bank organizer, stated that this approach was pursued so
that there would not be any future confusion as to whether a bank
would be allowed as a professional office in the CLM zone. Over the
past several years that area has changed into more of a professional
office and commercial district and that it would be in the best
interest of the city to allow for more professional office type uses
in this district.
Gunnerson suggested changing the entire area from a CLM district.
Greer stated that the City does not have that many areas to allow
Light Industrial uses. By changing the whole zone, the Board. might
eliminate some opportunity for light industrial development.
Motion Reynolds moved to recommend that Section 7.25(b) of the Kalispell
Zoning Ordinance (Ordinance No. 953, as amended and Ordinance 961, as
amended) be amended to include "Banks, Savings and Loan Institutions"
as permitted uses in a CLM (Industrial -Commercial) zoning district.
Trippet seconded the motion and it passed unanimously.
IMMANUEL LUTHERAN Stephens introduced a recommendation for the zoning of a tract of
HOME ADDITION 196 land proposed for annexation into the City.of Kalispell. The subject
property will be known as Immanuel Lutheran Home Addition No. 196.
The tract of land is located in Government Lots 7 and 14, Section 6,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The subject property is generally located on the east side of U.S.
Highway 93 North and on the south side of the old Sundown Drive -Inn
Theater.
Greer explained that the subject property is wholly surrounded by the
city and that the annexation was basically a "house-cleaning" action
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by the Council. The Board is required to provide a recommendation on
how the property should be zoned. The Flathead Regional Development
Office recommends that it be zoned RA-2.
Motion Trippet moved to recommend that the subject property be zoned RA-2
(Residential Apartment). Reynolds seconded the motion and it passed
unanimously.
OLD BUSINESS Greer stated that, after a conversation with Charles Manning about
the proposed Planning Conference in November, it was decided that it
might be better to have the Conference in March. The reason is
because at that time there will be new board members, new staff
members, and perhaps new members of the CAB. The Staff will continue
to work on the conference.
Stephens announced that there will be a zoning informational meeting
at the Henry Robinson Vo-Ag Center next Thursday night. Greer
encouraged as many of the Board members to attend so that when they
have to make a recommendation to the County Commissioners they will
have some knowledge of the input of the general public.
NEW BUSINESS Greer stated that Dean Marquardt is doing a subdivision for Crop Hail
and he did not want to do an environmental assessment. The
subdivision is five lots. The subdivision regulations say that if the
environmental assessment is going to be waived it has to be waived
with findings of fact by the Board. Greer suggested that under the
Subdivision Regulations the Board can require the preparation of all
or part of an environmental assessment. He stated that he had talked
( ..\ to the City Attorney about this and there are some concerns. The road
that goes to Crop Hail is a private road which is narrow. There are
some utility problems in the area and Spring Creek is nearby. Greer
suggested that the Board require a partial assessment of Sections 1A
(Surface Water), 2A (Water Supply), 2B (Sewage Disposal), and 2D
(Roads). They could omit all of the other sections of the
environmental assessment. The option before the Board is to either
waive the preliminary plat environmental assessment, require part of
it or require all of it. Some action needs to be taken now.
Reynolds and Stephens felt that Greer's suggestion was appropriate.
Motion Trippet moved to require a partial environmental assessment of the
Crop Hail Subdivision covering Sections 1A, 2A, 2B, and 2D. Reynolds
seconded the motion and it passed unanimously.
Stephens welcomed Gary Treweek to his first meeting with the Planning
Board. He has replaced Frank Crick as a representative for the
County.
ADJOURNMENT Trippet moved to adjourn and Gunnerson seconded the motion, which
passed unanimously. The meeting was adjourned at 7:56 p.m.
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Ac g President, James B. tephens
Approved: � L 1� 13, /J✓�
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Recording Secretary, Ava Walters