Loading...
10-08-85 Planning Board and Zoning CommissionKALISPELL. CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION OCTOBER 8, 1985 CALL TO ORDER The meeting was called to order by President —Stephens at 7:32 p.m. AND ROLL CALL with Stephens, Sloan, Trippett, Santa, Manning, LeDuc, and Reynolds present. Those absent were Crick and Hall. Others present were David Greer, Senior Planner from the Flathead Regional Development Office, and Glen Neier, City Attorney. APPROVAL OF The minutes of the meeting of September 10, 1985 were approved as MINUTES - SEPT. submitted by motion of Trippett and seconded by Manning. 10, 1985 MATTSON ZONE.,' ....Stephens introduced the application by Richard and Rebecca Mattson to CHANGE REQUEST amend the Official Zoning Map of the City of Kalispell by changing the zoning classification of a tract of land located at .754 West Wyoming Street from R-4 (Single Family Residential) to B-2 (Neighborhood Professional Business). Said tract of land is further described as Tract 8-21C in the SW'k NE'k of Section 7, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana. Stephens called on Greer to give the F.R.D.O. staff report. Greer gave the Staff Report stating that the subject property was bord- ered on three sides by businesses and on the fourth side by Russell School Playground. He stated that a variance had been granted in 1968 to allow the existing structure to be used as a real estate office and that the applicant's were now seeking greater flexibility for the use of their property by seeking the- zone change. The overview of the staff report included some discussion relative to a letter received from the School District, which noted, in part, that the school property actually extended to the vicinity of the applicant's drive- way. He further stated that due to the location of the lot and its shape, the property would not be suited for residential development and would seem to fit well with the adjoining uses in the B-2 zone. The staff recommendation is for approval of the zone change. Sloan asked if the proposed expansion of the school playground would pose a problem to the property owner for use in a B-2 zone? Rebecca Mattson felt that it would not be a problem. Motion Following further discussion, Trippett moved to recommend approval of the proposed zone change from R-4 to B-2 for the subject property. The motion was seconded by Reynolds and it passed unanimously. CULLIGAN WATER' S-tephens introduced the application by Donald R. Dammel for annexation ADDITION #189 into the City of Kalispell of two tracts of land generally located at the northeast intersection of U.S. Highway 93 and Kelly Road. The sub- ject property is more particularly described as Tracts 2AAF and 2AAG in the SE'kNEk of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County. �) Greer gave the staff report,, for.. the proposed annexation stating that the application failed to include a Title Report and Consent to Annex form signed by the owners. The property adjoins the City limits along the highway but the properties north of the area to be annexed are not in the city. City services including sewer and water are located nearby and it appeared that the annexation would not create any undue problems to the City. Seven conditions of annexation were suggested. Glen Neier stated that the city sewer service has already been connected to the subject property and that the city is anxious to get the annexation completed. The application materials referenced in the "conditions" would be necessary to complete the annexation process. Before any action was taken on the annexation request, discussion commenced on the type of zone for the property. Greer gave the staff report stating that the staff recommends a B-3 Zone (General Business). Trippett suggested that the description of a B-3 zone and an I-1 zone be read so that Mr. Dammel could state -how he felt it should be zoned. The descriptions were read and, based on Dammel's description of his use of the property, the B-3 zone seemed appropriate. Motion Trippett moved to recommend approval of the annexation request of the subject property with the following conditions: 1. That the title report on the property to be annexed be provided by the applicant and/or owner. r_i 2. That the owners of the property to be annexed pursue and obtain de -annexation from the rural fire district. 3. That all city utility extensions and/or tie-ins be designed and built at the owner's expense to conform to the City of Kali - spell's "Standards and General Provisipns for Design and Cons- truction" and meet the approval of the City's Director of Public Works. 4. That the owner(s) waive the right to protest formation of any Special Improvement District that may be necessary for instal- lation of public improvements. 5. ..That all parties having legal interest in the property consent to the annexation. 6. That a determination be made by the City Attorney of Kalispell on the "legality" of the submitted application. 7. That all conditions of annexation be.. satisfied within three months following passage of a Resolution or Ordinance of Annex- ation. Failure to comply with the conditions of annexation will provide cause to discontinue sewer and water service to the property. Sloan seconded the motion and it passed unanimously. -2- Motion Santa moved to recommend approval of the suggested B-3 zone for the subject property. Motion was seconded by Trippett and it passed �) unanimously. PROPOSED MODI- Stephens called on David Greer to explain the next item on the agenda FICATION,.-OF which is a proposed modification of the Downtown Redevelopment Plan to DOWNTOWN RE- approve certain urban renewal projects. DEVELOPMENT TO APPROVE URBAN Greer stated these items were added to the agenda, at the request RENEWAL PROJECTS of Neier. He further: stated. .that the Urban Renewal Projects under consideration were: a) Parking Improvements Project b) West Side Park Project c) Redevelopment Project d) Fifth Avenue West Construction Project e) Depot Park Loop Elimination Greer deferred all further discussion to Glen Neier. Neier briefly explained the projects being considered and asked for the Board's approval of projects listed in Resolution No. 3619. He stated that the Board's recommendation is necessary based on the legal process. Motion After a brief Board discussion, Sloan moved to recommend the adoption of Resolution No. 3619. Trippett seconded it and the motion passed unanimously. PROPOSED AMENDr4 Stephens again called on Neier to explain the next item on the agenda, 14ENT TO KALI- Resolution No. 3620, which deals with a proposed amendment to the Sec - SPELL REDEVELOP- tion on "Procedure for Amendment" of the Kalispell Downtown Redevelop- MENT PLAN ON ment Plan. "PROCEDURE FOR AMENDMENT" Neier stated that this proposed amendment deals mainly with. the RESOLUTION 3620 notification process of the property owners within the Redevelopment Area. The current process for amending the Downtown Redevelopment Plan calls for the written notification of all property owners within the Redevelopment Area. This resolution would eliminate this costly.,pro.- cess and allow for only the publication in the newspaper of the ; gal notice. Trippett stated that he was against this resolution because he felt that the city .should go to the extra expense to notify all the property owners. He felt that many of the owners_ might not read the newspaper and they would then miss out on the opportunity to comment. Manning stated that he was in favor of the resolution because it would expedite matters much more easily. He also felt that the property owners would find out by word of mouth if not through the newspaper. Motion After further discussion, Trippett moved to approve the adoption of Resolution No. 3620. LeDuc seconded and it was defeated in a vote of three in,,"'favor and four against. Those voting in favor were Sloan, Manning, and'"Stephens.. Those opposed to the motion., were Trippett, Reynolds, LeDuc, and Santa. -3- OLD BUSINESS None. NEW BUSINESS„ None. ADJOURNMENT The meeting was adjourned at 8:50 p.m. President.- James--B.. Stephen Recording Secretary — Ava Walters Approved: