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12-11-84 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD - DECEMBER 11, 1984 CALL TO ORDER The meeting was called to order by Ed Trippett, vice president at 7.30 AND ROLL CALL p.m. Those present were Trippett, LeDuc, Ormiston, Sloan, Manning, Reynolds, and Stephens. Absentees were Jukich and Peters. Others present were Nakul Verma, Planning Director, Tom Jentz, Senior Plan- ner, and Margaret Clark, Planner II. There were 22 members of the audience. Trippett read a letter from Jukich in which she announced her resignation from the Board effective immediately. APPROVAL OF There being no corrections, the minutes to the November 13, 1984 meet - MINUTES ing were approved as submitted. PROPOSED MASTER Trippett called on Tom Jentz to give a brief report on the status of PLAN proposed amended Master Plan for the Kalispell City -County Planning Jurisdiction Area. Following his brief description of the proposal, Trippett opened the meeting to a public hearing. Public Hearing Jentz entered into the record a written comment from Kal-Mont Lumber Company, submitted by Charles H. O'Neil on behalf of the shareholders. They ask that the area owned by this company in the Park Dale and Whitefish River area be considered as industrial for the proposed Master Plan. Even though this site has not been completely opera- tional for the last two years there is industrial activity taking place there and the most suitable use for that area is industrial.. Mr. Warner and Wes Stanley both commented in favor of the Kal-Mont sug- gestion. Al Rierson, owner of property outside the city limits, stated that for the City to tell those living in the County what their needs were was government without representation. Trippet explained that the Board is made up evenly of both city and county members. Rierson felt that a plan for areas in the County is the responsibility of the County Commissioners and not the City. Trippett explained that the County Commissioners have to ratify the Plan. Verma clarified the situation saying that the planning jurisdiction area of the City extends up to 4z miles outside the city limits. He further stated that this was not a law but rather a guide. It will not be zoning by itself. If City or County decide to zone outside the city limits, this will provide the guide in developing the zoning for those areas. The process is that this is a public hearing. After this all of the comments which have been received will be looked into by the Board. They can have another hearing, they may change the plan. Then they will pass a resolution to recommend the adoption of the plan to the City Council and the County Commissioners. Both bodies have to approve the plan before it can become a policy guide for the area. Jim Treweek, owner of property on the north side of West Reserve Drive adjacent to Whitefish Stage Road, asked for a review of what is pro- posed for that area? Jentz stated that the area was beyond the growth 1 area of the City and also beyond planned urban development of the city or county. That area has been left with its agricultural designation. �� - Treweek further asked -that- if- the - area -around him went more residen— tial, would that put pressure upon him? Trippett stated that it probably would. Andy Anderson, owner of property south of Kalispell adjacent to Highway 93, asked how far south the planning jurisdiction will go down Highway 93? Jentz stated that the planning jurisdiction went as far as four corners but that it was being left as agriculture. Anderson wanted it left as agriculture. Jim Jones stated that he felt that this plan was not very comprehen— sive, but rather reminiscent of spot zoning. Jentz stated that this is simply in draft form and now was the time for public input. It is comprehensive in the fact that it addresses transportation, land use, public facilities and housing. These are the major components that make up a growing area. He felt that it didn't seem like too much planning had gone into it. He felt that there was a need for a comprehensive plan for the whole county and by this direction it would not happen. Herb Koenig made the comment that the farm land within the extra —terri— torial zoning area of the city was at the mercy of the City and he did not like it. Ed Mitton, resident on Rocky Cliff Drive, asked what the Plan designa— tion was for his area? It was ascertained that his area would not be changed from its current use of agriculture. Doug Johns, representing Developer's Diversified, stated that he was under a contract to dispose of their property on Buffalo Hill in an orderly and responsible manner. They have recently sold 2z acres for the Psychiatric Hospital. He stated that the comprehensive plan still addresses that area as urban residential and he felt that this would not be conducive to his orderly disposal of the property. He asked that the area have a classification that would allow a PUD type of zone. He further stated that the property was surrounded on three sides by the City and a small portion on the fourth side. He felt that when the property was developed it would be brought into the City for the services that would be available. He stated that their thought has been for a mixed use of the land. He stated that in order for a mixed use PUD to take place the comprehensive plan has to have a commercial designation and that the urban residential designation will not work. He asked the planning staff to address why the designation was made as is? Verma stated that the reason that particular site's land use classifi— cation was not changed was because the staff did not feel there was an immediate need for changing the classification. There are so many new commercial locations and at the same time the staff is keeping the door open. Whenever the decision was made to change the plan for that site, they could make their request to this Board to change the Plan for that site and if the Board, City Council and the Commissioners —2— feel it is appropriate, then the Plan would be amended. The Plan is intended for the next 20 years or so and in spite of our best efforts, the staff cannot foresee everything that would happen in 20 years. Johns stated that they do have a plan underway, but they are not ready to divulge at this time. He wishes to see it developed in an orderly fashion that would be compatible with the neighborhood. They are lay- ing the ground work to develop the property. He felt that the property should be developed into perhaps 2, 3, or 4 PUD's with each PUD being different. Based on the fact that there is a draft before the Board tonight, he could see no reason why that property could not be reclassified into a classification that is compatible with the City ordinance that would allow them to go ahead and pursue their develop- ment process. He did not wish to have to come back to the Board each time before all of the agencies in order to be able to carry out their development plans. Verma stated that, if the whole site were classified as commercial and they then came with a residential PUD, there would be problems with that. He felt that they were not that far that the Board could single out what would be residential, commercial, or office. When they were ready, then that would be the time to look into changing the Plan. Norb Donahue stated that the Master Plan was many things more than just land use and tonight he had heard mostly comments on land use. He felt that the City of Kalispell had no business zoning outside of the City Limits; however, the County Commissioners have the obligation to zone. The law says that they have that obligation and they should take it. The property owners should be the ones who require them to assert there obligations and responsibilities and do what they have to do. There can be all types of zoning ordinances from the simple and basic to the very complex. He further stated that the law states that in the absence of zoning a building permit issued in violation of the land use portion of the Master Plan is void. In light of this, a Plan that can be followed has to be developed because it is not just a guide. Al Rierson brought up the question of how would this Plan affect the taxes of the property owners in the area? Jentz replied that according to the County Assessor's office taxes are not affected by Master Plans. Mel Ferguson, owner of property along U. S. Highway 2 (LaSalle Road) in Evergreen, expressed concern that, according to the proposed Plan, his property has two separate designations. The land adjacent to the highway is designated Commercial and property in the rear, to which there isn't any road, is designated as residential. He stated that he feels imposed upon if someone wants to tell him what to do with his property without buying it from him first. Al Rierson stated that he believed that the community needs a plan, a good plan, but the people outside the City have to be considered in the Plan and have a voice in the Plan. Herb Koenig stated that the minute expected that the County furnish a piece of land is developed it is services or to be able to get them -3- from the City. On the same token the County has a responsibility to see that we live by some kind of orderly development and we no longer have the right to do just exactly what we please. All of us have to show responsibility in our uses of our property and take into consider- ation what would be of benefit to the neighborhood. Manning informed the public that there is a Plan in effect now and the purpose of amending the present plan is to update it so that it is more in keeping with what our needs and projections are. He further stated that everyone within the Jurisdictional boundary is under some sort of Plan at the present time. Norb Donahue stated that the Master Plan states what is recommended by this body to the County as to how they should develop. If it is event- ually zoned, the Plan would be a guide. Jim Treweek stated that he felt that a good plan was a very necessary tool for a community to work with. No matter what is done or how it is done, someone's toes will be stepped on. But if a plan is finally set up, it should not be in concrete so that it cannot be changed or amended. As each day goes by, the need for planning becomes more necessary. Stephens stated that the whole purpose in planning is for guidance. This plan is not etched in granite. The Board is not zoning outside of the City but simply suggesting land use. There have been numerous changes during the year he has been on the Board. He pointed out that this Board only recommends to the City Council. They can etch things in stone, but the Board doesn't. 1 Mrs. Curtis Johnson, an owner of 20 acres of land north of the Court Club on Reserve Drive, was concerned because their property was being designated as urban residential when there is a business on the pro- perty. They would like to have a commercial designation even though they do not have any current plans for expanding their small business. Her husband further stated that with Semi -Tool owning a 30 acre tract and trying to buy more, the entire north side of Reserve from Highway 93 to Whitefish Stage Road should be designated commercial. In further looking at the map, the location is currently agriculture and in the proposed to be designated as urban residential. He then stated that he would like it left alone and left as agriculture. Verma stated that one of the criticism'sthat the Board has been facing is that the current Plan does not reflect the true situation in the community., The basic thing is do we want to keep the current plan or do we want the amended Plan or do we want something in-between. Maybe some of the proposed changes are not wanted by the public and the Board will consider the merits of each request. We do not have the choice of do we want a plan or not because there has been a plan in force since 1974. He further stated that the Plan is not law but rather a statement of policy. A member of the audience asked how Kalispell is able to have a 1 Planning Jurisdiction all of the way out to Rose Crossing? -4- Norb Donahue stated that Montana statute says that a city can estab- lish a planning area within the city limits and if the County wants to they can say that they want to join the city's planning area. Then it becomes a city -county planning area and they can go up to 42 miles. Motion L.M. Ormiston moved that the adoption of the proposed amended Master Plan be tabled at this time for further discussion. Seconded by- LeDuc. Motion passed unanimously in a voice vote. OFTEDAHL ANNEX- Verma gave a brief report on the request for annexation by Jerry A. ATION REQUEST and Charlotte G. Oftedahl into the city of Kalispell. They have 3.989 acres of land located west of Meridian Road and approximately 800 feet north of the intersection of Meridian Road and Two Mile Drive. The area has been zoned previously by the County as a B-3 zone for the front 300 feet and RA-1 zone on the remainder. He further stated that the City would like to have deeded to them 20 feet on the west edge of the property for a road easement. Motion LeDuc moved that the Board recommend to the City Council that this pro- perty be annexed to the City with the four conditions as stated by the F.R.D.O. staff report. Seconded by Sloan. Motion passed unanimously in a voice vote. OLD BUSINESS None NEW BUSINESS Verma asked if the Board would approve of the F.R.D.O. staff sending Kathleen Jukich a letter thanking her for her years of service on behalf of the Board and the Planning staff. It was the general concen- sus of the Board that he should do that. ADJOURNMENT The meeting was adjourned at 9:34 p.m. Presid 44 t Recording Secretary Approved: ']`�(/J2.G L-�`j����7 G� . C r`-c�e�t� C' 191p 1 -5- KALISPELL CITY ZONING COMMISSION - DECEMBER 11, 1984 CALL TO ORDER The meeting was called to order by president, James Stephens at 9:35 AND ROLL CALL p.m. Those present were Stephens, Sloan, Manning, and Trippett. Others present were Nakul Verma, Planning Director. APPROVAL OF Sloan moved that the minutes of the meeting of November 13, 1984 be MINUTES approved as submitted. Manning seconded the motion and it passed unanimously. OFTEDAHL ANNEX- Stephens asked Verma for any further comments on the consideration of ATION ZONING the B-3 zoning classification for 3.989 acres of land petitioned to be B-3 CLASSIFI- annexed into the City of Kalispell. The subject tract is located west CATION of Meridian Road and approximately 800 feet north of the intersection of Two Mile Drive and Meridian Road. Motion Sloan moved that the Commission recommend to the City Council that the subject property be zoned B-3 (General Business) as requested. Manning seconded the motion which passed unanimously. OLD BUSINESS Manning stated that the public hearing on the elimination of the Table 3-0 from the Kalispell Zoning Code was scheduled for January 7, 1985. NEW BUSINESS None. ADJOURNMENT It was moved by Sloan that the meeting be adjourned at 9:45 p.m. The l motion was seconded by Trippett and the meeting was adjourned. -r,'sident Recording Secretary Approved: