07-09-85 Planning Board and Zoning CommissionKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
JULY 9, 1985
CALL TO ORDER The meeting was opened at 7:30 p.m. by President, James Stephens with
ROLL CALL roll call. Those present included Manning, Hall, Trippett, Stephens,
Reynolds, and Sloan. Santa, Crick, and LeDuc were absent. David Greer,
Senior Planner of the Flathead Regional Development Office, was also
present.
APPROVAL OF Hall moved for approval of the minutes of the meeting of June 11, 1985
MINUTES - JUNE as submitted. Trippett seconded and the motion passed unanimously.
11, 1985
BIRCH COURT RV Stephens introduced an application from Charles and Virginia Weinert
PARK PRELIMI- for preliminary plat approval of Birch Court RV Park, a major subdivi-
NARY PLAT sion consisting of eleven rental spaces, generally located in an area
between U. S. Highway 2 (LaSalle Road) and West Cottonwood Drive and
is within the boundaries of Birch Trailer Court. It is further
described as being located on Tract 3BJA and a portion of Tract 3BG in
Section 4, Township 28 North, Range 21 West, Flathead County.
Greer gave the staff report which included a statement that the
Flathead City -County Health Department was concerned about increased
use of the service building because of the high water table. The
C> subdivision included the area of an existing RV park consisting of
seven spaces that has never been approved for use. The major concern
of the Planning Staff was that the subdivision did not comply with the
Flathead County Subdivision Regulations in meeting the minimum square
foot lot size for RV spaces and some of the lots did not provide
enough distance between the RV's themselves. The staff recommendation
was for denial, but did recommend 16 conditions .of approval in the
staff report if the Board felt that the subdivision should be approved.
Sloan asked how far the subdivision deviated from the minimum require-
ments? Greer said that at least three of the proposed eleven RV spaces
would probably have to be removed.
Public Hearing Stephens opened the public hearing on the subdivision request.
Jay Billmayer, representing the owners of the property, referred to
the letter from the Flathead City -County Health Department on concern
over the high water table. He stated that there were two public
dumping stations in close proximity to the proposed )RV park; there-
fore, there were not any plans to connect sewer facilities to each
space. The service building has adequate fixtures to meet the require-
ments for RV parks. The service building was created in the 1960's and
there was no permit found for it. Permits for septic systems have been
issued in the area all around it. He further stated that the subdivi-
sion would not impact the septic system of the service building in any
way because it would only be used 3 months of the year. The line
defined as a water main by the Planning Staff is not a water main but
a water service line made of polyethylene which eliminates potential
contamination.
Manning asked if there was 15 feet between the spaces in the five
designated spaces to the north? Greer stated there was but that the
minimum lot area may or may not be there.
Hall asked how much of a financial hardship it would be to make some
of the changes needed? Virginia Weinert said it would be an extreme
one. She further explained that the trailer court is paying for
itself, but does not bring a profit. When they bought the property, it
was represented to them that the profit on this property would be off
of the RV park. The RV park consisted of seven spaces and it was
stated that there could be seven more. There is a dumping station
right across the street.
Charles Weinert stated that the previous owner had been operating a RV
park since 1979.
In looking at the proposed conditions of approval, Jay Billmayer
stated that he felt that condition #15 cluttered up the conditions,
#16 was extreme, #12 may not be applicable in Evergreen's grid, #10
was not a major hardship, and that in #14 the words "water main" are
incorrect and that the "water main" is a water service line. Billmayer
further stated that the property was represented as being able to have
14 RV spaces and they have eliminated three of those spaces.
Stephens closed the public hearing.
Motion Reynolds moved to recommend to the County Commissioners denial of the
proposed subdivision because it does not comply with the Flathead
�> County Subdivision Regulations. Sloan seconded the motion and it
passed unanimously.
NIGG ADDITION Stephens introduced the application by Jerry Thoreson, Edward Stathas,
NO. 186 AND and Marilyn Stathas for annexation into the City of Kalispell of
RA-2 ZONING approximately 10 acres of land with a RA-2 (Residential Apartment,
Medium Intensity) zoning designation. The subject property is gener-
ally located just west of Ashley Square Mall and is further described
as Tract 6K, located in the SEk SWk of Section 12, Township 28 North,
Range 22 West, M.P.M., Flathead County, Montana.
Greer gave the staff report. The Planning Staff recommended approval
of the annexation with the following three conditions and approval of
the proposed zoning designation:
1. That all city utility extensions be designed and built at the
owner's expense conform to the City of Kalispell's "Standards
and General Provisions for Design and Construction" and meet the
approval of the City Public Works Director.
2. That the property be de -annexed from the Smith Valley Rural Fire
District.
3. That the owner/developer waive the right of protest to any SID
that might be created in the future for the purpose of widening
Uand improving the city street.
Motion Following Board discussion, Reynolds moved to recommend approval of
the annexation with the three conditions as stated by the Planning
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Staff and the proposed zoning designation. Manning seconded and the
motion passed unanimously.
ROBBIN ZONE Stephens introduced the application by Robert R. Robbin to amend the
CHANGE REQUEST Official Zoning Map of the City of Kalispell by changing the zoning
classification from R-4 (Single Family Residential) to B-2 (Neighbor-
hood Professional Business) for the west 80 feet of Lot 7, all of Lot
8, and the southerly 10 feet of Lot 9, in Block 228 of Kalispell
Townsite Company's Addition Number Five, Kalispell. The subject pro-
perty is located at the intersection of East California Street, North
Main Street, and Sunset Boulevard.
Greer gave the staff report reviewing the 12 criteria set by law for
zone change review. He stated that the property is influenced on three
sides by businesses of the type found in a B-2 (Neighborhood Profes-
sional Business) zone. The staff recommended approval of the requested
zone change.
Paul Kraft, of the audience, spoke in favor of the zone change only if
it were to extend to the rest of that half block. Otherwise he would
be opposed to it.
Mary Stillman, of the audience, opposed the zone change saying that it
would destroy the neighborhood.
Dan Johns, representing the owner of the property, stated that the
owner wants to sell the property, but it is not a desirable for
residential use and a B-2 zone is not destructive to neighborhoods.
CSloan felt that if the Board approved this zone change, then it would
be hard to deny any further requests on that half of the block.
Manning felt that allowing this lot to be zoned B-2 would be a natural
buffer between the residential and business area.
Motion Trippett moved to recommend approval of the requested zone change as
applied for. Manning seconded and the motion carried by a majority of
those present. Sloan and Reynolds opposed the motion.
DISCUSSION OF Stephens began the discussion on suggestions for proposed changes to
the PUD (PLANNED PUD (Planned Unit Development) Ordinance and the PUD process.
UNIT DEVELOP-
MENT) ORDINANCE
CHANGES Trippett stated that a mixed use PUD is included in the current zoning
ordinance allowing 10% business in a residential PUD. Doug Johns would
like to see it changed to allow anywhere from 50% to 70% commercial in
a residential PUD.
Manning stated that a PUD is a very expensive process as it requires a
lot of review. The developer has to also be 99% sure that it will be
developed. He suggested that perhaps a mixed use PUD could be allowed
in any zone provided that 51% of the PUD had the same use as the
Comprehensive Plan designated for that area. He further stated that a
mixed use PUD would be a good use for the site owned by Developer's
Diversified.
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Motion
y Greer suggested that the Board go through the listed uses of a B-2 zon-
ing district and designate the ones that would not be allowed in a
residential mixed use PUD and then tailor a mixed use PUD ordinance
for a residential area that would give enough guidelines for develop-
ing a PUD in a residential area. When a developer is designing a PUD
it is very helpful and less costly to have enough guidelines in the
ordinance. He further stated that when writing an ordinance, consider-
ation has to be paid as to how it would apply to the whole city.
Manning moved to request the Flathead Regional Development Office
staff to prepare draft language on an amendment to the Kalispell
Zoning Ordinance that would permit a mixed -use PUD, with up to 49%
commercial uses, in a residential district. Sloan seconded and the
motion passed unanimously.
OLD BUSINESS Manning raised the question of what zone to recommend for the Northern
Lights Boulevard Addition that was tabled at the previous meeting. He
stated that the annexation had been dropped due to the legal require-
ment that the residents cannot be forced to de -annex from the rural
fire district.
Motion Manning moved to recommend a zoning designation of R-4 (Single Family
Residential') for the Northern Lights Boulevard Addition. Trippett
seconded and it passed unanimously.
NEW BUSINESS Greer stated that the City Council has asked the zoning commission to
look at the possibility of including Bed and Breakfast facilities in
residential areas.
Manning stated that it would be a good use for some of the older fine
homes in Kalispell that are too large and no longer feasible to
function as single family residences.
Sloan stated that the only other uses for houses of that sort would be
museums.
Motion Manning moved to direct the Planning Staff to prepare draft language
on an amendment to the Kalispell Zoning Ordinance for the August
meeting that would permit Bed and Breakfast facilities as conditional
uses provided that the affected facility qualifies minimum historical
and square footage standards and other standards deemed appropriate to
bed and breakfast uses.
Following further discussion, Reynolds seconded the motion and it
passed unanimously.
ADJOURNMENT The meeting was adjourned at 9:30 p.m.
President - ames B. Step en
Approved: A,_'
As
a04-
Recording Secretary - AVa_ Tailters
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