02-12-80 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD MINUTES
February 12, 1980
The meeting was called to order in the Kalispell
City Hall at 8:00. Members present:
Chairman Ann Smith
Norma Corbitt
Bob LeDuc
Ray Liebeck
Frank Paliga
Kathleen Jukich
Members Dorothy Garvin, Jack Heller and Roger Graham
and Secretary Linda Tippetts were at Courthouse East
as notifications were incompleted on change of meet-
ing place.
Minutes The names of Norma Corbitt and Bob LeDuc were corrected
from the previous minutes. Minutes were accepted as
corrected upon motion by Norma Corbitt.
Mobile Homes Mobile home zoning and construction was discussed.
Bob LeDuc explained modular homes are now being taxed
as a regular dwelling. Double-wides come with a mode
of transportation - when placed on a foundation they
are taxed as dwellings. Some are under HUD programs
and regulations and codes have to meet State. Specs.
"The Bluffs" Mohn presented a briefing on "The Bluffs." - indicated
its location near the Evergreen Water District next to
the big water tank, Mission Village and the old Greer
Home on the point of the bluff. Maps of the proposed
zone and outline of protective covenants were distri-
buted. Construction of duplex units on each lot was
recently proposed by landowners and not included in
the paperwork. If duplexes are constructed they would
have to request a plan amendment because of density.
Home occupations or businesses of a professional
nature which do not generate traffic are admitted in
R-2 and R-5 Zoning. Names of three individuals in-
volved in developing were not available at this time.
Development is surrounded by Mission Village to the
East; two large private parcels to the.South, West
and Southeast; a.250-acre farm to the immediate South
of the Homeowner's Park and to the North there is a
large tract residential and the Evergreen Water Storage.
Plan is for individual septic tanks and use of
Evergreen water. They meet the minimum requirements
for on -site sewage disposal. The Board studied maps
and covenants.
Fire access was discussed. 60-foot streets were
available and specs require a cul de sac of 120 feet.
A public hearing on "Thel Bluffs will be held on
February 26, 1980.
Joint Application Old Business: Mohn presented the Joint Application.
Forms Document is intended for use as a replacement of the
existing environmental assessment which is part of
the subdivision regulations for County and City.
Existing Environmental Assessment was written eight
years ago and has outlived its purpose. The Joint
Application is its replacement. Guidelines have
been provided by State Law under the Sanitation and
Subdivision Regulations. Format and questionnaire
was developed by joint effort between County Health
Department, County Sanitarian, ATS and the Water
Quality Bureau. One year was required for all five
0 agencies to agree on the questionnaire and require-
ments. Application meets original intent adopted
by this Board one year ago to upgrade the review
process. Intent is to serve as a basis for the
developer -landowner to write his own report, rather
than ATS compiling four to ten pages of information
to present Planning Boards prior to a.public hearing.
Developer will complete the Joint Application in the
manner that staff reports have been written in the
past. It will be submitted jointly to the ATS and
the County Sanitarian so water, sewer and health
related questions have already been addressed and
the Sanitarian will be able to answer questions at
the public hearing. The Board has the power to adopt
this Application by policy as a replacement for the
existing Environmental Assessment and require this as
part of the Subdivision Application. Mohn requested
the Board to adopt this as policy effective 30 to 90
days to place all surveyors and developers on notice
and distribute copies. The roll of the ATS is changing
.from that of obtaining information to reviewing infor-
mation and making recommendations to the Board.
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The Board requested copies of the existing documents
for comparison. Board decided to table any decision
until next month's meeting when more members would
be present. Joint Applications were distributed.
Board Duties Next item of business was discussion of Planning
& Responsibilities Board Duties and Responsibilities. Primary duty is
to help promote the Health and Safety of the popula-
tion of planning districts and provide planning
directions and land -use recommendations for both the
City and the County. They require direction in plan-
ning for services such as roads, water, sewer and
garbage. Board can give sense of direction regarding
growth of community and provide information to general
populous, other political subdivisions, state agencies
and public utilities. Statutes and guide state cert-
ain procedures when considering land -use and zoning
decisions. The Board's jurisdiction is four miles
from Kalispell City Center. Each municipality can adopt
a planning jurisdiction up to 42 miles from its exist-
ing boundaries - this is for planning only, not zoning.
Each Planning Board by Interlocal Agreement has
�) adopted a planning jurisdiction. Extension to 12 miles
of this Board's jurisdiction may be made by resolution
and recommendation from the County Commissioners.
Zoning New Business: Discussion of Extraterritorial Zone
Procedures Requirements and procedures. There are basically
three types of State laws regarding Board's juris-
diction: City Zoning, County Zoning and Citizen
Initiated Planning and Zoning Districts. In order
to create those districts, 60% of the resident free
holders within that district are required to petition
for creation and adopton.of the district and its
regulations. Those district-s were permitted to be
created prior to the adoption of the Countywide
Comprehensive Plan. Now that the Comprehensive Plan
has been adopted, this is the only zoning procedure
that can be conducted in the County. Zoning that,is
adopted must follow the covenants of the Comprehensive
Plan.
Board Procedures Roll of Planning'Board. The process of Public Hear-
ings, Planning Board Recommendations, Comprehensive
Plan requirements and County Commissioner's final
decisions were discussed. State statutes state
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County Commissioners shall require the City -County
(� Planning Board to recommend boundaries and appropriate
regulations for various zoning districts. This Board
may be requested by the Commissioners to establish
zoning districts and land -use district boundaries in
that four -mile jurisdictional area outside the city
limits. This Board would then make written reports of
their recommendations to the Comm ssioners - such
recommendations will be advisory only. There is a
30-day protest period between resolution to zone and
the actual deadline for adoption of the various zoning
proposals. In order to create a district, 51% of the
landowners in a proposed district must petition for that
district. Law states the County has authority to zone
unless 40% of the people in.that area protest. Interim
zoning cannot be done by the City or the County be-
cause: 1. We have adopted a Comprehensive Plan, and
2. We have adopted zoning regulations. Extraterritorial
Zoning is done by authority given to the cities by the
State to go beyond their city limits one mile and adopt
or create zoning districts and adopt zoning regulations
to impose within those districts. Interim Zoning and
its requirements do not follow extratterritorial
zoning requirements.
Statutes City laws cannot preclude what a State law cites and
State statutes cannot preclude Federal Law. The only
time this Board would have to zone is upon receipt of
a Petition by the County Commissioners of 50% of the
landowners. State Law states the County Commissioners
shall require the Planning Board to hold public hearings
and listen to the input of property owners and make re-
commendation to the County Commissioners. If a zoning
petition is contrary to the Comprehensive Plan - the
Comprehensive Plan must be amended before that zoning
can be established. Board recommended the Comprehen-
sive Plan be updated yearly.
Public Comment Anelle Ainsiger stated she felt there were too many
outside opinions of a planner not familiar with this
area and its people and they were making recommendations
for our land planning. She saw a need for someone with
enough experience in our particular locale, enough
dedication and some education to give us some studies.
She felt proposed zoning needed more on -site inspect-
ions and information. The Board stated they are receiv-
ing information more timely to enable on -site inspection.
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(� Chairman Smith stated their policy was to have one
public hearing only after on -site inspections. The
process of zoning Meridian was criticized.
Petitions Discussion was held on percentages of landowners'
signatures needed on a, -petition requesting or
protesting zoning. Precedent has been set in the
State for cities to -,force a decision from the County
Commissioners. If 40% of the freeholders in the
proposed district protest, then the district cannot
be created and zoning cannot be reviewed for a full
year.
Chairman Smith thanked Jim Mohn for his excellent
presentations and information in assisting this
Board.
The meeting was adjourned at 10:00. Next meeting is
scheduled for February 26, 1980,
Respectfully submitted,
Linda Tippetts
Secretary
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