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03-08-83 Planning BoardCall to Order and Roll Call Approval of Minutes Election of President Election of Vice President Preliminary Reapproval - Grandview Townhouses KALISPELL CITY -COUNTY PLANNING BOARD MINUTES March 8, 1983 Members Present: Paul Palmer Bob LeDuc Jack Peters Virginia Sloan Harvey Simpson Ed Trippet Doug Morton Members Absent: Kathleen Jukich Roger Graham Others Present; Jim Mohn, Senior Planner, F.R.D.O. Nick Verma, Planning Director, F.R.D.O. Mike Hoeft, Daily Interlake Theresa Kapser, KOFI Roger Hopkins, Missoulian Mark Ivanish, KCFW The meeting was called to order at 7:30 p.m. in the Council Chambers, Kalispell City Hall. Due to the absence of Jukich, Palmer chaired the meeting. The minutes were approved as circulated. LeDuc nominated Trippet for President. Seconded by Simpson. Unanimous vote. Motion carried. Palmer nominated Morton for Vice President. Seconded by LeDuc. Unanimous vote. Motion carried. Palmer turned the meeting over to Trippet. The request from J. Logan and Mary B. Rogers for preliminary reapproval of Grandview Townhouses, an eight unit townhouse development on 1.9 acres of land located at 210 Grandview Drive was the next item of business. a) Public Hearing. b) Action and recommendation to the Board of Commissioners. Trippet turned the floor over to Mohn who pre- sented the background along with the following recommendations: Preliminary reapproval of Grandview Townhouses is.recommended with the following conditions: 1. That the development connects to the City of Kalispell Sanitary Sewer System. That the system be built to City Standards and be ap— proved by the Director of Public Works and the State Department of Health and that the final plat be encumbered with a waiver of right to protest annexation; 2. That the water system be installed to meet the City Standards at the time of annexation to the City of Kalispell, with fire hydrant loca— tions as approved by the Kalispell Fire Depart— ment and that said water system plans be approved by the Director of Public Works and the State Department of Health and, prior to the filing of the final plat, that the system be installed as approved or bonded to ensure proper installa— tion; 3. That the final plat provide a roadway/drive— way system adequate to accommodate the City of Kalispell Fire Department equipment and vehicles, (this will necessitate some design changes), and that the Director of Public Works, or the Kalispell Fire Department, provide a statement noting approval of the final design prior to the filing of the final plat; 4. That storm drainage plans be approved by the State Department of Health and Director of Public Works; 5. That the final plat be further encumbered with a waiver of right to protest S.I.D.'s for street, curb and gutter, sidewalk and storm drain improvements; 6. That the access driveway be paved and heated; 7. That the sewer line be installed off the travel surface of Grandview Drive; 8. That a variance be granted in accordance with Section 5.8.2 of the Flathead County Subdivision Regulations; 9. That the plat is to provide net and gross acreages on each lot indicating that portion of the road to be taxed to each individual lot; 10. That all roads within Grandview Townhouses be named and appropriately signed; —2— 11. That the plat is to provide net and gross acreages on all park and other properties held in commmon by the Homeowner's Association indi- cating that portion to be taxed to each individual lot; 12. That all roads within Grandview Townhouses remain private with a Homeowner's Agreement for maintenance and snow plowing; 3,_1-TTha`tLall current and assessed, and any and all delinquent taxes on this property, are to be paid prior to final approval of this proposal; 14. That Protective Covenants are to be filed and recorded with the Flathead County Clerk and Recorder's Office; 15. That any changes or amendments to the Cov- enants be approved by 60% of the lot owners and the Board of County Commissioners; 16. That a variance be granted from Section 5.6.2 of the Flathead County Subdivision Regulations. Trippet opened the public hearing. Dr. J. Logan Rogers, owner of the property, stated that the road situation had been improved with an easement to the South. Jay Billmayer, project engineer, said that it was an unusual requirement to have a paved and heated driveway. He recommended that the drive- ways be paved, but not heated. Trippet asked for comments from the opponents. There were none. The public hearing was closed. Palmer moved to accept the plan with the amend- ments and to remove the heated driveway. Seconded by Peters. Unanimous vote. Motion carried. Glacier Park Company The next item of business on the agenda was the Request - Change from request from Glacier Park Company, a subsidiary Industrial to Commercial of Burlington Northern, Inc., for an amendment to the Comprehensive Development Plan for the Kalispell Planning Area. The request asks for A change in land use designation from Industrial to Commercial for the Burlington Northern Right - Of -Way located between Third Avenue East and Fifth Avenue West, North of Center Street in the City of Kalispell. -3- a) Public Hearing. b) Action, motion to adopt Resolution, recommenda— tion to City Council and Board of Commissioners. Neil Hartman, attorney for Glacier Park Company, presented the schematic sight plan, explained the background of the proposal and handed out copies of a sample Resolution to the Board. Mohn presented the F.R.D.O. report and the follow— ing F.R.D.O. recommendation: 1. It is recommended that Figure III-1, Page 111-9, Chapter 3 of the Comprehensive Plan for the Kalispell Planning Area be amended to change the land use designation from "Industrial" to "Commercial" for the Burlington Northern Rail— road Right —Of —Way between Fifth Avenue West and Third Avenue East in Kalispell. Trippet opened the public hearing and asked for comments from the proponents. Henry Good, Kalispell resident, felt that this was much needed and that it would be good both business wise and aesthetically. Dale Haarr, Kalispell businessman, thought that cleaning up the area where the proposed project would be was a good idea. Mike Britton, Kalispell, also gave his support for the project. Trippet asked for comments from the opponents. Chuck Gologoski, Flathead Lake Cherry Growers, stated that nobody had the courtesy to talk this over with him or the other cherry growers. He asked where they would go if this proposal went through and who would help them pay for the costs, as the cherry growers are not in a position to move in two years. Hartman replied that they have found additional industrial sights that will accommodate them, that each lessee shall be treated individually and each tenant will receive a. minimum of one year to move. Hartman also offered to have a meeting with the cherry growers to discuss this. Palmer moved to adopt a Resolution to recommend an amendment to Figure III-1, Page III-9, Chapter 3 of the Comprehensive Plan for the Kalispell Planning Area be amended to change the land use designation from Industrial to Commercial for —4— the Burlington Northern Railroad Right -Of -Way between Fifth Avenue West and Third Avenue East. Seconded by Sloan. Unanimous vote. Motion carried. Glacier Park Company The request from Glacier Park Company to amend Request - Amend the the "Kalispell Downtown Redevelopment Plan", Kalispell Downtown Ordinance No. 933 was the next topic of discussion. Redevelopment Plan The request asks for a change from "Industrial - Commercial" to "Mall Type Development" for the Burlington Northern Right -Of -Way located between Third Avenue East and Fifth Avenue West, North of Center Street in the City of Kalispell. Mohn presented the background of the proposal. Simpson asked about the correct use of the Com- mercial designation with the railroad track being right next to it. Hartman replied that one mainline and a spurline to Equity Supply would be .retained. Palmer asked for comments from the KDC members. Dale Haarr stated that in all planning and dis- cussion, it was assumed that First Avenue East _ would be going all the way to Idaho. Ed Gallagher said that a lot has changed on the loop system and, use of the loop has changed. Steve Olson stated that a truck by-pass was a consideration before. Morton moved that, subject to adoption of amend- ments to the Comprehensive Development Plan for the Kalispell Planning Area as stated in Resol- ution No. KPA-82-004, the Kalispell Downtown Redevelopment Plan, Ordinance No. 933, be amended as follows: 1. Redevelopment objectives on page 9 be amended to read: "To provide for mall type, commercial and civic redevelopment of the Burlington Northern Right - Of -Way in a manner to compliment surrounding Commercial and Industrial -Commercial areas". 2. Design concept on page 10, add Special Anchor Area #9. Mall Type Commercial to provide for the development of commercial, civic and other related uses in a mall type feature. -5- 3. The map exhibit "Design Concept", page 10, be amended as follows: a. The existing Area 5 (Industrial —Commercial) be amended to delete that portion of the Railroad Right —Of —Way located between Fifth Avenue West and Third Avenue East. b. That area contained in the Railroad Right —Of —Way between Fifth Avenue West and Main Street be in— cluded in a new "Mall Development" category.' That area contained in the Railroad Right —Of — Way between Main Street and Third Avenue East be included in "Community Business". d. That the legend be amended accordingly. 4. The map exhibit "Proposed Land Use", on page 13 (left) be amended as follows: a. The land use designation within the Burlington Northern Right —Of —Way be changed to Commercial and the relocated track site be shown. 5. That the map exhibits on page 13 be amended as follows: That "Future Park Extension" and the loop road connecting Main Street with First Avenue West be deleted. Seconded by Peters. Unanimous vote. Motion carried. Old Business There was no old business. New Business There was no new business. Meeting adjourned at 9:30 p.m. Respectfully submitted, LouAnn Conrad Recording Secretary Approved: Chair n —6—