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07-13-82 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD MINUTES July 13, 1982 Members Present: Kathleen Jukich, President Ron Nance Jack Peters Jack Heller Paul Palmer Ed Trippet Dave Shanks Members Absent: Robert LeDuc Doug Morton Roger Graham Others Present: Jim Mohn, Senior Planner, F.R.D.O. 30 guests Call to Order and The meeting was called to order at 7:30'P.M. Roll Call in the Council Chambers, Kalispell City Hall, by President Jukich. Approval of Minutes The minutes from the June 8, 1982, meeting were approved as circulated. Jukich stated that Al Voelke was misspelled and that it should be changed to Al Bahlke. Amendment Considerations - Kalispell Area Comprehensive Development Plan Heller made a motion to approve the minutes -Seconded by Nance. Unanimous vote. Motion carried. Jukich read the agenda to the audience since there was so much business to come before the Board. The next item of business on the agenda was con- sideration of Amendments to the Kalispell Area Comprehensive Development Plan. The general study area includes portions of Evergreen along LaSalle Road, areas along Whitefish Stage South of Grand- view Lane, areas along U.S. Highway #93, South of Four Mile Drive, the Buffalo Hill area, areas along U.S. Highway #2 West, Appleway Drive and Hartt Hill. President Jukich opened the public hearing and turned the floor over to'Jim Mohn, who gave a background of the Amendment considerations and the staff recommendations. Mohn read a letter of protest from James Vidal, legal representative for Drs. Little and Dahlgren in regards to the proposed mall. He also read letters from Robert E. Case, J. Richard Deper and Larry L. Young, out—of—state residents, who all commented favorably for Developers Diversified. All three people live in areas where Developers Diversified have constructed malls. Jukich stated that they would go over each area and vote on them as they go through the list. The following Amendments are recommended to the Kalispell Comprehensive Development Plan: Item 1 The area South of Highway #2 to Ashley Creek from Dern Road to the Lumber Company be designated Suburban with a greenbelt along the length of Ashley Creek. Jukich asked for comments from the floor. Dean Marquardt said that he was in favor of changing this designation and he appreciated the change from Agriculture to Suburban, but would like it changed to Urban Residential. Mohn said that the areas along the North slope of Hartt Hill would have to be considered, as this could cause proposed development problems. Heller made a motion that the area South of Highway #2 to Ashley Creek from Dern Road to the Lumber Company be designated 'L;rbari', with a greenbelt along the length of Ashley Creek. Seconded by Palmer. Unanimous vote. Motion carried. Item 2 The area bounded by Three and Four Mile Drive, Stillwater Road and Northridge — Sunset Addition be changed to Suburban. Jukich asked for comments from the floor. There were none. Heller made a motion that the area bounded by Three and Four Mile Drive, Stillwater Road and —2— Northridge - Sunset Addition be changed to1Urb ir:' Seconded by Trippet. Unanimous vote. Motion carried. Item 3 The area between Mission Village and the Stillwater River South of Reserve Drive be changed to Suburban. Jukich asked for comments from the floor. Trippet stated that at present the area is being used for a licensed game farm by Lorney Deist and his two sons and that the area is owned by Dale McGarvey who would like to dedicate it to the State for a park. Marquardt said that the area included "The Bluffs" subdivision and suggested that the area on top of the bench be changed to Urban Residential. Also, that Connie Morse owned some property there and that this should also be included. Trippet made a motion that Item 3 should be changed to read: Item 3A - The area of The Bluffs and the Connie Morse property as of this date, July 13, 1982, be designated Suburban. _it Seconded by Palmer. Unanimous vote. Motion carried. Item 4 The area between Kings Way and B.N.R.R. (Plum Creek properties), be designated Industrial. Jukich asked for comments from the floor. There were none. Palmer made a motion that the area between Kings Way and B.N.R.R. (Plum Creek properties), be designated as Industrial. Seconded by Trippet. Unanimous vote. Motion carried. Item 5 The area between Kings Way and the Whitefish River and along West Evergreen Drive be desig- nated as Suburban. Jukich asked for comments from the floor. There were none. Palmer made a motion that the area between Kings Way and the Whitefish River and along West Evergreen Drive be designated as Suburban. Seconded by Trippet. Unanimous vote. Motion carried. -S = Item 6 The area East of Hillcre'st Estates and the end of Riverside Drive be designated as Suburban with a greenbelt along the Whitefish River. Jukich asked for comments from the floor. There were none. Trippet made a motion that the area East of Hillcrest estates and the end of Riverside Drive be designated as Suburban with a greenbelt along the Whitefish River. Seconded by Palmer. Unanimous vote. Motion carried. Item 7 The area West of River Road to B.N.R.R. and the area South of Westwood Lane and Stillwater River be designated Suburban. Jukich asked for comments from the floor. There were none. Trippet made a motion that the area West of River Road to B.N.R.R. and the area South of Westwood Lane and Stillwater River be designated Suburban. Seconded by Nance. Unanimous vote. Motion carried. Item 8 The area of Evergreen Acres be designated Suburban. Jukich asked for comments from the floor. Walt Bahr asked if this would interfere with Northwest Sports. Mohn stated that potentially it did, but that he could not be excluded. Heller said that an "8A" be established which would include all property in ownership of Spruce Park. Trippet said that he thinks the property owner has a say in the matter and made a motion that Item 8 be excluded from the proposed Plan Amendments. Seconded by Peters. All voted for this except for Heller who voted against. Motion carried. Item 9 The area North of East Reserve Drive, between Spring Creek and Alpine Lane, be designated as Suburban. Jukich asked for comments from the floor. There were none. -4- Trippet made a motion that the area North of East Reserve Drive, between Spring Creek and Alpine Lane, be designated Suburban. Seconded by Nance. Unanimous vote. Motion carried. Item 10 The area of Panoramic Heights and Sunrise Terrace be designated Suburban with 250-300 foot of commercial n,the vic'nit ff th "-`ntexsec igns o pan amic drive, Har in, IyiiQl an ed Hnrise rive with 0Qrd Highway 2. Jukich asked for comments from the floor. There were none. Palmer made a motion that the area of Panoramic Heights and Sunrise Terrace be designated Suburban. Seconded by Trippet. All voted for this except for Jukich who abstained since she is a owner in part of the area. Motion carried. Item 11 The area North of Solberg Drive between Spring Creek and Helena Flats Road be designated Suburban. Jukich asked for comments from the floor. There were none. Heller made a motion that the area North of Solberg Drive between Spring Creek and Helena Flats Road be designated Suburban. Seconded by Palmer. Unanimous vote. Motion carried. Item 12 The intersection of Bernard Road and U.S. #2 be designated Commercial. Jukich asked for comments from the floor. There were none. Palmer moved that the intersection of Bernard Road and U.S. #2 be designated Commercial. Seconded by Trippet. Unanimous vote. Motion carried. Item 13 and 14 The intersection of Cottonwood Drive at U.S. #2 and LaSalle Road be designated Commercial. ol�zis Jukich asked for comments from the floor. Dan Johns, legal representative for Gary Treweek, said that Treweek is concerned about redesignation and the traffic that is going to be generated. Johns recommended development in the area to be all Ubmmercial. —5— Brad Wright stated that he felt the Planning Board was trying to accommodate the people rather than plan the area and asked why a land use discussion was being made now. Sandy McWhorter, owner of the Stitch and Save, said that she and her husband had bought commercial property and had paid the price for commercial property. Palmer suggested combining Items 13 and 14 so that it will encompass both sides of LaSalle. He also suggested to have the area businesses petition the County Commissioners and tell them what they want. A motion was made to combine Items 13 and 14 (Item 14 read - The East side of the intersection of Evergreen Drive and LaSalle Road be designated Commercial), but on the West side limit to South of the school. Seonded by Trippet. Unanimous vote. Motion carried. Item 15 The area along U.S. #2 near Montclair Drive and Flathead Drive be designated Commercial. Jukich asked for comments from the floor. There were none. Heller made a motion that the area along U.S. #2 near Montclair Drive and Flathead Drive be designated Commercial, and also the area extended from Seaman Mobile Homes through Golden Wheels Mobile Home. Seconded by Trippet. Unanimous vote. Motion carried. Item 16 The area along the South side of U.S. #2 North of the Conrad Recreational areea be designated Commercial. Jukich asked for comments from the floor. There were none. Trippet made a motion that the area along the South side of U.S. #2 North of the Conrad Re- creational area be designated Commercial. Seconded by Palmer. Unanimous vote. Motion carried. Zt_em 17 The area East of the intersection of Northridge Drive and 93 North be designated Commercial with a greenbelt buffer. -6- Jukich asked for comments from the floor. Dan Johns, legal representative for Developers Diversified, presented the proposal to the Board and stated that this was the same proposal that had been presented to them at the meeting approximately two months ago. He said that unfair and inaccurate accusations have been made against Developers Diversified and that he was aware of the letters that had been sent to the Board, but that he did not have anything to do with the writing of them. Johns further stated that he would like recommendation for the planning change so that he could sit down with some specifics. Cal Swet, an area resident, stated that he owned property by the proposed mall and that he would like to see the retail dealers stay in the valley. Dale Haarr, resident of Sherry Lane, said that he would be living in an area close to the mall, that he owned his own business in downtown Kalispell, and is the President of the Kalispell Development Corporation. He stated that the Board's earlier - amendment would double the size of Northridge Heights, thus creating a traffic problem at the intersections. Haarr further said that if the mall went in, that it would put the downtown stores our of business. He also said that Kalispell needed a regional mall in the downtown area. Pam Harris, North Haven Heights, said that the intersection North of the proposed mall is very dangerous, and that she is not opposed to the mall, but was opposed to the location. Phyllis Burk, North Haven Heights, asked what the main stores were going to be in the mall and felt that the Kalispell area people were still going to shop in Missoula if the key stores in 'the mall were stores such as K—Mart, Woolworths, etc. Gerine Little, Salish Court, said that she was against the zoning because of the increased traffic problems and that she knew people in Michigan who live in an area where Developers Diversified constructed a mall and that it is not everything that it was proposed to be. —7— Item 18 Don Arthur, owner of The Second Wind, said that he was divided on the issue. He felt that the most important issue is, "what does Kalispell need." Jukich asked for any rebuttal statements. Johns stated that he believed in the free enterprise system and that it would not ruin downtown Kalispell. He further stated that Developers Diversified have not had a mall fail yet. Jukich asked for comments from the Board. Trippet said that he believed in the free enterprise system also and that it will prevail. Palmer stated that he owned four tracts of land which abutts the mall property and said that he would abstain from voting. Heller said that he would like to see the mall located further North, that he was intrigued by a regional mall, but that 30 acres was not enough for this. Peters stated that he also believed in the free enterprise system and that the valley needed an economic boost. Nance stated that all of his questions had been answered. Jukich said that a regional mall was never put in the first plan. Trippet moved that the area East of the inter— section of Northridge Drive and 93 North be de— signated Commercial with a greenbelt buffer. Seconded by Heller. All voted for this change except for Palmer who abstained. Motion carried. The Southwest corner of Four Mile Drive and 93 North be designated Commercial with a greenbelt buffer. Jukich asked for comments from the floor. There were none. Mohn stated that the Idaho Forest Industries were not aware ofP-thz�sr.meet�.7 ,r'and that he' had received inquiries for use other than Commercial for this area.. - - Trippet moved to strike Item 18. Seconded by Palmer. Unanimous vote. Motion carried. Item 19 This area bounded by Springcreek, B.N.R.R. and Appleway Drive be designated Commercial. Jukich asked for comments from the floor. There were none. Trippet moved to strike Item 19 since it was designated Residential. Seonded by Nance. All voted for this except for Heller and Palmer who voted against. Motion carried. Trippet made a motion to have the planning staff draw up the recommendations to the City Council and the County Commissioners. Seconded by Heller. Unanimous vote. Motion carried. Preliminary Plat Approval - A request from Chester L. Ellingson for preliminary North Springwood plat approval of North Springwood, an eight lot residential subdivision on 19.7 acres of land located on the East side of Helena Flats Road, 2 South of Rose Crossing Road was the next item of business. President Jukich opened the public hearing. She turned the floor over to Jim Mohn. Mohn gave the background of the request along with the following staff recommendations: 1. That all water and sewer systems be approved by the State Department of Health and County Sanitarian. 2. That a 20 foot drainage easement, granted to Flathead County, be provided along the South bank of Spring Creek in accordance with Section 5.4.2 of the Flathead County Subdivision Regulations. 3. That an additional ten foot right-of-way be dedicated to the County for future improvements on Helena Flats Road. That the private road be built to County gravel surface standards. Palmer mentioned that on page 3 of the North Springwood report that ". $2000.00 to $16,00 S!� at 100% development.", should be changed to ". . . $2000.00 to $160,000 at 100% development." Jukich asked for comments from the proponents. Dean Marquardt, surveyor for the project, stated that he was aware of all of the conditions. There being no further proponents, Jukich asked for comments from the opponents. Lyle Goodsell, 819 Helena Flats Road and a neigh- boring resident, stated that his concern was the sewerage, in that his well was 50 feet from the proposed project and that he did not want his water ruined. Jukich asked for comments from the Board. Heller made a motion to recommend approval of the request subject to the four conditions as outlined in the staff report. Seconded by Trippet. Unanimous vote. Motion carried. Hutton Request - The next topic of discussion was the request F.V.C.C. Annexation from Jack Hutton, Sr., Evelyn P. Hutton and the Flathead Valley Community College for Annexation approval of the Hutton Addition to Kalispell. 37.77 acres of land located on the Northeast corner of Grandview Drive and U.S. Highway 93 North. Described as Government Lot 4, in Section 31, T29N, R21W, M.P.M., Flathead County, Mohn gave a brief summary of the plan. Donald Gatzke, President of F.V.C.C., stated that he vould.�it entertain any questions. Palmer suggested to Gatzke that he should prepare a rebuttal, because he would be hearing from the City Council. He also read a letter from Marshall Murray, legal representative for the Huttons, regarding the annexation request. Palmer made a motion to adopt the request as presented by the F.R.D.O., and to forward this information to the City Council. Seconded by Trippet. Unanimous vote. Motion carried. -10- Collins Annexation Approval - The next item of business was the request from Treasure State Plaza Clifford Dale Collins for Annexation approval Af Treasure State Plaza Addition to Kalispell. 1.677 acres of land located at the West end of Liberty Street. Described as a portion of Assessors Tract 5 and in the NW4NEk of Section 12, T28N, R22W, P.M.M., Flathead County, Montana. Mohn gave the background of the proposal. Nance made a motion to accept the proposal as presented by the planning staff. Seconded by Trippet. Unanimous vote. Motion carried. Idaho Forest Industries A request from Idaho Forest Industries for Annexa- Annexation Request tion request for Annexation of 17.67 acres of land bounded by Four Mile Drive, North Haveh-ri Heights, Northridge Heights and U.S. Highway 93 North. Described as a portion of Assessor's Tract 2 + in Section 1, T28N, R22W, P.M.M., Flathead County, Montana, was the next item of business. Old Business New Business Palmer made a motion to approve the Idaho Forest Industries Annexation request as presented. Seconded by Heller. Unanimous vote. Motion carried. There was no old business. There was no new business. The meeting was adjourned at 10:40 P.M. Respectfully submitted, LouAnn Conrad Recording Secretary Approved: Chairman -11-