12-22-81 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD MINUTES
December 22, 1981
Members Present:
Ann Smith, Chairman
Bob LeDuc
Ron Nance
Jack Peters
Kathleen Jukich
Jack Heller
Norma Corbitt
Ed Trippett
Others Present:
Jim Mohn, Senior Planner
Meeting was called to order at 7:30 P.M. by Chairman
Smith in the Kalispell City Hall. Minutes of the
previous meeting were approved upon motion by Trippett
and second by Corbitt.
The Board considered a request from Montana Power
Company for annexation approval of 2.97 acres of
land located at 890 North Meridian Road. Mohn cor-
rected errors on the description of the property
location. The existing zoning of the property is
B-3 (General Business) on the Eastern 300 feet; and
RA-1 (Residential Apartment) on the Western 280 feet.
The property is located within the bounds of the
"Meridian Zoning District #38"; and the regulations
for this zone are cited as "The Flathead County Comp-
rehensive Zoning Regulations for the Kalispell City -
County Planning Jurisdiction". Mohn stated the County
B-3 Zoning is in conflict with the intended use of
the property as it does not allow outdoor parking.
Mohn further noted Montana statutes (7-3-4734) require
that; property be contiguous to the City Limits;
Property must be within and conform to the Comprehen-
sive Plan; and meet certain requirements for change
from rural fire district to city fire district.
Mohn stated the request and the property complied
with all points except conformance with the Comprehen-
sive Plan.
F.R.D.O. recommended denial of the annexation request
as submitted, due to the conflict with the Kalispell
Area Comprehensive Development Plan, and therefore,
in conflict with State statutes. F.R.D.O. also recom-
mended denial of the requested B-3 zone classifica-
tion.
(� Bob Borden requested further explanation of Mohn's
report. Mohn stated they were.working under two
sets of Zoning Ordinances - City and County. Montana
Power requested uses were not a permitted use under
a B-3 zone, and upon annexation, property will change
to the city ordinances.
Trippett reviewed businesses to the North and. South
along Meridian. Mohn stated the types of commercial
along Meridian in the City were neighborhood busi-
nesses. Mohn stated the bulk of existing businesses
there is accommodated under the Comprehensive Plan
and the desire was to avoid additional traffic and
approaches onto Meridian; also to encourage reverse
frontage in residential along Meridian. Trippett
asked if Meridian were a logical choice for a truck
by-pass. Mohn said it was not. LeDuc and Trippett
disagreed. Trippett asked Mohn his personal prefer-
ence of Meridian Zoning. Mohn stated he was not
in favor of Commercial; but it was multi -family.
Trippett stated, basically, it is a truck by-pass
and it is commercial and he didn't understand the
recommendation. Mohn stated the F.R.D.O. and the
State Highway Department wanted to avoid "strip"
commercial development in that area.
( Heller stated there were basically two factions here,
1. Meridian is business oriented; and 2. It should
be multi -family use. Smith stated the area was just
recently zoned RA-1 with a new duplex and there were
no protestors.
Robert Lopp, 215 Fosewood Drive, stated there had
been a numerous replay of meetings since 1972, and
they had come up with a B-2 Comprehensive Plan recom-
mendation, among others, which represented the best
possible compromise and both sides had given up alot.
He asked how many times they had to fight over the
same issue. He felt area landowners had needs and
so did Montana Power, however, he felt their request
was a step backwards. He strongly supported the
F.R.D.O. recommendations.
Mr. Minster, Montana Power, presented pictures of
their proposed facility stating this was the most
likely spot for a central location. Their budget
figure was approximately $500,000 in improvements.
Smith asked for Board comments and stated there was
a need for interpretation on the intent of the ordin-
ance and discussed allowances under a B-2 Ordinance.
Trippett felt they were splitting a hair lengthwise
and the Comprehensive Plan should not have that much
impact.
Nance excused himself as a Board member since he
has property within 300' of the Montana Power pro-
posal. Smith asked for his comments as a citizen.
Nance stated it was foolish to assume that anything
other than Commercial will develop there as there
was too much traffic, especially trucks. He had
property for sale in the area and could not sell
it.
LeDuc stated multiple family housing will not be
built there. Corbitt stated she lived in the Adams
area; the proposed Montana Power Structure was well-
done; but she had a problem with access on Rosewood
and Glenwood Drive as there would be trucks using
ingress and egress in a residential traffic area
which already had problems. She asked if access
could be limited to Meridian and the types of usage
proposed on the property.
Minster stated they would have some outside pipe
storage; they would have 34 employees and 15 trucks.
He showed layouts of their plans to Board members.
Minster agreed to access off Meridian and asked who
owned the access. Mohn explained Glenwood jogs so
future extension would centerline on the ditch.
Fredricks of Montana West Realty stated the "S" turn
was built incorrectly for extension. Smith stated it
was strictly a cul-de-sac with no intent at this time
to extend, but access could raise the issue.
Lopp stated the road problem was one reason area
landowners went along with the Comprehensive Plan
designation of multi -family. The back half of the
area was already being developed with acceptance
of the neighborhood. He referred to the potential
Courthouse Site at the fairgrounds and questioned
zoning to allow for attorney's offices - B-2 seemed
to be an obvious zone.
Corbitt questioned allowances in a B-3 and stated
this zone was too open. She asked if the Montana
Power request would fit into a B-2 zone. Smith read
the general description of B-2 zoning and stated
every zone allows public utility installations, but
should be architecturally aesthetic, with buffer
zones. Smith further noted B-3 was a blatant spot
zone. B-2 fit with the Comprehensive Plan. Mohn
stated the zoning intent may need an interpretation,
but B-2 may be a good compromise. Trippett asked if
they came in with a blind B-3, would that allow bars,
etc.. Jane Lopp stated that was their problem, no
�7 protections for area landowners. Mr. Lopp stated
they would support a B-2 designation and request
access be limited to Meridian.
Mohn stated there was a question whether or not this
^� request would fit a B-2 zone. Mohn quoted from the
City Ordinance which states interpretation could be
carried out by the Zoning Commission. He assumed
this Board could interpret the proposed use as a B-2
permitted use.
Jukich stated she had no problem with the proposed
use and facility, but the area should be carefully
zoned. Smith stated the city could be sued if they
zoned B-3; as it would be a 3-acre spot zone.
After some discussion, Heller moved to recommend
to the City Council that this Montana Power Addition
be zoned B-2 and further, that the City Ordinance
be amended to make public utility service centers
a permitted use in a B-2; and the Zoning Commission
could recommend situations where the access could
be limited to Meridian Road.
Smith asked, prior to a second, that two conditions
to annexation be placed - 1. No ingress and egress
into Adams Addition via Rosewood Drive, and 2. That
some type of visual buffer be installed instead of
merely fencing in the rear storage area.
1
Mohn stated one of the directives that has been given
historically in this area is to have Montana Power
dedicate its westernmost 20 feet for future street
right-of-way, as a condition of annexation. Mohn
cited the Double L annexation - 20 feet of future
right-of-way was required along the western boudary
of that property. Smith stated, that when that street
goes in, there may be enough circumstances that they
may be able to.get an access. Smith stated O'Boyle,
Chairman of the Street & Alley Committee, would ask
for the 20 feet.
Jukich stated she had a problem with the fairness
of asking Montana Power to dedicate 4400 sq. feet
of land and not be able to cross over it.
Heller re -stated his motion to read that this Board
recommend to the City Council to: 1. Approve annexa-
tion of Montana Power Addition #139; zoned as B-2
and recommend that the city ordinance be amended
to make public utility service center a permitted
use in B-2; 2. Annexation is subject to the condi-
tions that access be limited to Meridian Road or
to the West of the property if Glenwood Drive is
extended to Two Mile Drive - they will have ingress
and egress from the West end of their property; and
dedication of the West 20' of their property to the
city for extension of Glenwood Drive.
Second by Trippett.
Jane Lopp asked Montana Power if the recommendation
was acceptable. Bob Borden stated the B-2 and zone
amendment was acceptable; but objected to access
on the West and dedication of 20 feet when they can-
not use it.
There was some discussion on street access and right-
of-way dedication and Smith stated the City has the
right to place conditions on ingress and egress as
they are charged with public safety. Jukich ques-
tioned the number of trucks used in one day (12 to
15). She stated there would be more traffic if zoned
RA-1.
Trippett, Heller, LeDuc, Peters & Smith voted "Aye".
Nance, Jukich and Corbitt abstained. Motion carried.
Respectfully submitted,
Linda Tippetts
Recording Secretary
Approved:
iJChairman
KALISPELL CITY -COUNTY ZONING COMMISSION
Members Present:
Jack Heller, Chairman
Ann Smith
Norma Corbitt
Ron Nance
Others Present:
Jim Mohn, Senior Planner
Meeting was called to order by Chairman Heller at
9:00.
The B-3 request for the Montana Power Addition has
been given a negative recommendation due to incompati-
bility with the Comprehensive Plan; however, with
the suggested B-2 zoning, and amendments of the ordin-
ances to accommodate the proposed use in a B-2 -
that condition would comply with the Comprehensive
Plan. Smith so moved. Second Corbitt. Motion
carried.
The Board considered the Olson Zone Change Request
-- to change the zoning classification from RA-2 (Resi-
dential -Multi -Family) to B-1 (Neighborhood Business)
in accordance with the City of Kalispell Zoning Ordin-
ance. Property is Lot 4, Hall Addition No. 82; lo-
cated east of North Meridian Road, and South of M
& C Tire.
The F.R.D.O. recommended approval of the request,
based on the 12-point Zoning Criteria.
Smith moved to recommend approval of zone change
from RA-2 to B-1; to include recommendations in a
letter addressed to the F.R.D.0 from City Attorney
Norb Donahue. (See letter). Second by Nance. Motion
unanimously passed.
The Board considered last month's request concerning
"BMB Addition #138 for B-3 Zoning. F.R.D.O. recom-
mended approval and Mohn stated it was compatible
with the Comprehensive Plan.
Smith moved to recommend reclassified zoning of B-3
on the BMB Addition #138. Second Corbitt. Unanimous.
Heller noted he had in inquiry concerning zoning
on the corner of Main and Idaho. It is presently
=l zoned CLM. Smith recommended that the C-2 boundary
be moved over, and did not feel it was the responsi-
bility of this Board to initiate a zone change for
that area. Mohn stated this Board could initiate
zone changes. Smith stated that would be her recom-
mendation, to move the C-2 Boundary.
Respectfully Submitted,
Linda Tippetts
Recording Secretary
Approved:
Chairman