08-14-798-14-79
CONTINUATION OF:
Resubdivision of
Demersville:
h meeting of the Kalispell City -County Planning Board was held
Tuesday, August14, 1979 at 7:30 p.m., in the Courthouse East
Community Room, 723 5th. Avenue East, Kalispell, Montana.
Members Present: -,Others Present:
Robert LeDuc
Ray Lybeck (2). Staff Repr.
Dorothy Garvin Steve Petrini
Fran 011endike ,Jim Mohn
John Kain
W. J. Lupton 13 Guests
President Lupton opened the meeting at 7:40 p.m.
President Lupton advised that there would be a continuation of
the public hearing on.Demersville in order to secure additional
comments from. all the residents in the area. He asked for
additional comments from the public.
Joe. DeLong, advised that;,a petition had been taken around with
regard to two statements and further emphasized that the general
feeling. that they did not mind, the property going into a sub-
division but the_condition,of it being taken out of the Lower
Valley ,Zone. They would like'the stipulation to the Board of
County Commissioners that this subdivision be accepted if that
is taken out of the:Lower,Valley Zone.
The petition is addressed Jim^Mohn To Whom it May Concern: We
the undersigned residents of the Lower Valley Zoning District
address our support for the Resubdivision of Demersville under
the following conditions:: 1. That the parcels included in the
resubdivision be excluded -from the -Lower Valley Zoning District
on approval ,because of the,.reasons- brought up in the July 24th
meeting of the Kalispell City -County Planning Board, 2. That
a recommendation be made, to the appropriate governing body to
expedite the paving of the-Demersille;Road to eliminate the
existing dust problem which will worsen as the project progresses.
(Affixed were 23:signatures).
President Lupton indicated therewasalso a letter from the S.C.S.
Office, dated Aug. 6, 1979. (copy attached).
Cal Louden indicated he didn't care whether the land was in or
out, but in Dave Allen's case, he wasn't let out.
Cal felt that the Board, was, changing -their position if they let
this one out. The Board explained this was a different planning
board.,
Board! was -advised there would, have been more here except for other
'business, but the signatures given are a good representation of
the desire. (Harry Woll). President Lupton saidhe had spoken
to Henry -Ficken.who had reiterated the feelings.
Steve Petrini said -he -understood the- concern but recommended that
the zoning be changed from AG to R-2.which would permit this
development to take place. Steve said that Lower Valley Zoning
has been'a title that has been hung on the district as an
identifier and whether this is an R-2 in the Lower Valley Zoning
or some other areas are zoned I-1, and some B-3, those districts
are districts by themselves. If you take it out, don't see the
difference in taken it out or leaving it in, will have the same
effect and it was stressed that the.people would feel more
protected by doing it this way. The people were advised that
legal notification was sent regardless of whether people were
in or out of a zone as it pertained to legal subdivisions.
Joe felt that any changes that people wanted and they don't want
85 people coming to a meeting and having a say in what happens
to the larger tracts and then if the farmers want to go down to
35 acres or change crops these won't have a say so.. Steve stated
that they wouldn't have a thing to do with it because they are
not a part of that AG-2 district. Not being AG-2, they would
have no power of say so in the AG-2 zone. It was stated that
they would feel better with the people out.
Any changes that are'made inside the AG2 district can not be
protested by those people outside that district. If sometime R-2
zoning, is recommended`the-people that are in the AG-2 can't protest
the changes that are made inside that R-2 district. Jo wished
disqualified -if
iiealifthe
peoplenwhoinigned a petition would be
qua y district. Steve said he did
not know because he had not seen the petition and if the zone
gets thrown out then so does the commercial and industrial goes
with it.
Questioned was why the people then 'would be notified of a zone / 1
change if they had no say."Steve the law says notify 150 beyond`-,'T
the property that'is requesting the change so whether they are
in or outdoes not matter., They could cause a lot of problem,
and you might have'to listen but whether it was zoned or not you
would'sti11'have to listen to them but as not a part, there isn't
athing-you can do.
Harry Woll said if there was a mix up in the zoning when it was
created, that all the things are 'gone, you could have 180 votes
coming out of there against 150 from Lower Valley and that is
the purpose of that petition.=
John Kain said he wanted to know what the plans were for the sewer
and water' down there? -"Is in close proximity to Kalispell and was
advised that they planned on putting in a central water system..
Recommend that it conform to city specs. and should look at a dry
sewer for the area.
It was assumed that this area is in :the 201 study.
It was felt that perhaps a fence should be placed along the south
side.-- -
It was'felt that two weeks previously there had been no input
from the Lower Zoning District for input into this Board, that
this perhaps was not right for this"'area and concerned that therE,
wasn't anybody and if it is there they wanted it out of the
district.
Fran 011endike said that she had not found any disagree
ment from anyone in the area either..
Knew what the 1and.looked like and because this is a townsite, the
people felt that>because it is square block lots this would look a
lot better.
President Lupton stated that because there was no additional
discussion he would be requesting a motion.
Robert LeDuc moved that the Board adopt a Resolution to change
the Comprehensive Plan from Agriculture to Suburban Residential
for the land platted as Demersville and a motion to change the
zoning from AG-2 to R-2 Residential and motion to grant preliminary
approval to subdivide Demersville subject to exemption from the
Lower Valley Zoning District.
Jim advised that he'had modified the conditions; 1. that the
Kalispell City Council, and Board of County Commissioners of
Flathead County approve an amendment to the Kalispell area
Comprehensive Plan for this area to Suburban Residential from
Agriculture. 2.. that the boundaries of the Lower Valley Zone
be adjusted to exclude this property (and if you want Mr. Long
to have his own district you can do that here). 3. that the water
system be designed to Kalispell Citystandardsand dry sewers
were recommended by John Kain.
Dorothy Garvin stated that the motion should show that preliminary
approval with conditions is subject to having this proposal
excluded from the Lower Valley Zoning District.
Robert LeDuc corrected his motions to read; "A motion to change
to adopt a Resolution to change the Comprehrensive Plan from
Agriculture to Suburban Residential on the land platted as
Demersville and all of the.:Missoula Addition to Demersville.
Seconded by Dorothy Garvin. Kain abstained. Motion carried.
Robert LeDuc.made a motion t o change the zoning from AG-2 to R-2
Residential.
Steve stated that what needed to be done was to recommend a denial
of the requested change and further qualify that by a
recommendation'thatthis property be excluded from the Lower Valley
Zone:
Robert LeDuc then amended his motion to recomaend denial of the
zone change request and further that the property be excluded
from -the Lower:Valley Zoning District. Seconded by Dorothy Garvin.
Kain abstained. Motion carried.'
Jim_stated "1. That the°Kalispell-City Council and Board of County
Commissioners of Flathead County approve an amendment to the
Kalispell.Area Comprehensive.Plan for this area to Suburban
Residential from Agriculture. 2. that an R-2 zoning district
be created for'this'area,_3. that.all'water and sewer systems
be approved by the State Dept. of Health and County Sanitarian.
Extra -Territorial
Zoning Request:
(Meridian Rd. Area)
Set Public Hearing
for Sept. 11, 1979:
Flathead H.S
Lecture Room.
Water system be designed to Kalispell City Standards and that
a dry sewer system be installed. 4. that the developer dedicate
to the county those areas recommended as park, on the attached
Map 2,-�area outlined on�the map -on -the right, that's been approved-)
by the Park Board. 5. can be deleted. The change to the 60'
r/w was agreed upon. So the.new Item 5 is the old Item 6, which
reads:<;5. the Conservation_;District "Agricultural Covenants"
be incorporated as follows: Items a.)`through e.) inclusive. 6.
that fencing be installed along the east and south boundary lines.
It was rexplained °that this was'an awful long road and could
undoubtedly be looked at some future date.
Priorities were discussed as -calling attention to it.
Ray:Lybeck felt that the fencing should be more completely
discussed. Dorothy Garvin said that the gentleman had discussed
the fence -to the west that he had discussed. Ray Lybeck said
there can be a lot of crop damage from dogs and children including
and cquestioned whether ,they needed a high fence. Can't afford
a chainlink fence.- There are covenants that state dogs are not
torun loose., Talking about,chainlirik fence along the west but
considering something -,on the south end. Board felt something
should be spelled out something like a dog tight fence. John
Kain said that would make ita=6' chainlink.
Ray Lybeck asked that this be specific and that the Item 6 be
amended to indicate that a 6' chainlink fence be placed on the
west and south property lines.
Jim!stated1. .that+Item 7. reads that the Demersville Road be placeco
on the 1980 priority list.
Ray Lybeck seconded the motion Kairr_abstained. Motion carried.
President Lupton stated that_a letter would go to the County
Commissioners.with the recommendation.
Steve Petrini said that what the Zoning Commission has recommended
to the Board is consideration of extra -territorial zoning for
the areas in yellow, east of.Garland, north of Two Mile, Hwy 2
(within the hospital area.
Steve explain the areaaseast of Porta Villa, West of Meridian,
south of Adams and north of Two Mile. The area north of the
Fairgrounds which includes Wisher,'s Salvage Yard, etc., and the
area bounded on the east by Hwy 93, and west by Meridian Rd and
by the Underhill Addn on the south by Bertschi Addn on the north
and Bertschi, Meridian, Hall Addn & Hwy 93 and another piece,,
up by the hospital which is not in -the city but surrounded by
the city.All pieces are surrounded by the City but are in the
county. These are the parcels that the Commission is looking
at the holes inside the .city limits.
Some of the property:is developed residential and will never change
whereas some of the.large tracts that could be subject to any
kind of development; so'the concern is that there is no protection
for the adjacent landowners as to how the land could be used.
Looking at the zoning from,an extra territorial angle. The city
has' the power to go beyond the city.limits, municipalities, and
zone. Kalispell is a first class city so has the capability of
going three miles beyond the city limits in all directions. This
full board would function as.the. Zoning Commission for those areas
that are zoned by the city outside the city limits.
Steve presented a plan change map, the small uncolored square
is the reservoir site shown as Public P-1, the rest of the colored
areas would go to high density urban.
Steve.explained that high density urban from single family and
multi and up to 40 units per acre.. Questioned was whether
commercial vas being considered for Meridian at all and Steve
stated that with the exception of a couple of areas the Zoning
Commission, was not considering commercial at all on Meridian.
The only areas they considered inside the city are Lots 1 thru
4 in Lloyds.Addn, north of,Fairgrounds, B-2 which is neighborhood
professional where .the clinic (dental) is on Three Mile, B-1 neigh-
borhood commercial where Circle K is and B-2 in Northridge Addn
and on the triangle.; Those are the only areas that the City Zoning
Commission has recommended within the city on Meridian. Gentleman
had business there for 18 years next to cabinet shop, recommended
as B-1, same.as Lots 1 thru 4. That's in the county. Steve
explained what the various,zones allowed.
Steve said that most of the area is recommended for RA-1, 20 units
per acre maximum density, with the density varying depending upon,
the size of the apartments.
The recommendation for input would be taken up at a later time.
Wondered why a feeder road was being zoned residential when it
,was a feeder'to likely developments in Kalispell. Steve said
that there are a lot.
Gentleman who lives next to Fish and Game with business all around
and wanted to know if anyone would come out there and put up any
kind of dwelling to 'live in. People.may not be willing to do
it here but they have done. it elsewhere. Gentleman said he has
lived there for 45 years and not a soul has asked him to buy a
lot he has there. Would have sold his house for light business,
but would just be trading house for like dollars in town. (Feldman)
Didn't ask for any of it to come in and can't do a thing. Can't
see why some offices wouldn't look better then some of the overhang
roofed condominiums.
Jerry Oftdahl, circulated a petition,'1 blk south of Liberty,
boundary on east as Meridian, south Two Mile Drive and boundary
on the west.the continuation of Glenwood. All the people have
signed it and requested that it be zoned B-3. A total of 24 acres
with 24 property owners. All is in the county except for two
small parcels and.the last home built in that area was about 39
years ago and, that should say something for that area. No one
has ever asked me:if they could buy a piece of mine for a house.
Across the road is the grocery, repair, coke cola plant, Wishers,
deisel_repair shop, cabinet shop, fairgrounds, you name it, its
there. At the last meeting the recommendation was that the area
would be RA-2 and -this would be irresponsible and totally and
not a good place to build a home and it wound fitthere fir e
Another gentleman said another way o 000ng a �'iC
out there is they are having problems with their sewer
systems and say it'all went into condominiums and high
rise apartments and look at the sewage you would get from it.
John Kain wanted, to know what the problem was with the sewage
system. Woman said it is the Kalispell system and John want
to know what was the matter with it and John stated it was going
into a different sort of facility and that was what the public
hearing was going tobe about in about 3 weeks and a lot of
work spent on it the last couple of years.
Steve said no action was necessary this evening just looking
fora recommendation. Dorothy Garvin asked if the RA-1 was
A. result of the other hearing on the two small parcels, Lloyds
Addn and Stubbs. Gentleman said that generally was in favor
because of the traffic but that at the last meeting it didn't
seem to make any difference.
President Lupton wanted to know whether a recommendation should
be made -for a request for a public hearing for the extra-
territorial zoning -
Gentleman -said. they couldn't sit in their front room and carry
on a conversation, not so. much from the cars but the trucks
come by and because the road is not finished properly it is
noisy.,
Fran said that as a city -county, planning board did they wish
to consider some type of, zoning for this extra territorial and
she recommended that they set a. public hearing; seconded by
John Kain
Questioned was a time schedule.- John Kain requested a back
up concerning the publichearings they had coming up the next
couple of weeks and John said the Zoning Commission had yet
to address the redevelopment area. Steve said he had no time
frame on the redevelopment area. Steve said that with the
exception of the, redevelopment area there were no zoning hearings.
Steve said you could schedule for ,these particular areas but
would have to resolve what you intend to go to public hearing
with, this or what'. Fran'. said she felt that in the past you
could put most anything on there to attract their attention
and .then get the public input. LeDuc felt there should be some
study on this. Said there was a, lot of traffic out there.
It was, felt by a gentleman it was a very nice residential area
and should; remain. that way, and felt that because no one has
chosen to build'a home there fdor the last 30 days . Steve
said tons ideration. should be given to the big and Little paces
around -it. Questioned. was what kind of time frame was the city
looking at. John Kain said he would like to see it done by O
the end of Sept.' Discussed was the possibility of doing it
at a regular'meeting. John Kain said he could forewarn the
county members that there would be quite a lot of input from
66
Lone Pine Subdiv.
Jim passed out a map for the Aug. 28, 1979 Public Hearing on
Auzust 28 1979'
Doontown Redevelop.
L ne Pine gg bdivision.
tie Adams A�dn and Porta Villa Addn,
Proposal:
plus all the people involved,
so there would be a big public hearing.
To be heard:
August 28, 1979
President Lupton felt that they should shoot for the High School
Lecture Room for Sept. 11th. and use the Council Chambers as
back up if the high school was not available.
Question called for and the motion carried.
Steve said all should be aware of the City Zoning Ordinance
that the City had adopted almost two years ago which the City
Zone Commission has been in the process of rezoning and when
it came to the redevelopment area for some of the areaand came
up with a plan, being considered as part of the development
plan via the new zoning ordinance with the consultants arrived
at the conclusion that the ordinance did not fit the goals and
objectives,of the redevelopment plan, therefore prepared a zoning
ordinance that would implement the goals and objectives of the
redevelopment area, to be a separate zoning ordinance for this
portion of the city. Some wanted to know why the same ordinance
could not be used,and the explanation was that the ordinance
that the is before you is totally for use within this area,
and not for use any place elkese in the city. It implements
the use.in the plan whereas'the others, it is far too permissive
as it allows a lot of things that as example, that was looked
at in the downtown area as not being an acceptable kind of use.
That is why a separate zoning Ordinance was prepared. After
reviewing it the goals and objectives haven't been done. May
be familiar but don't be confused and try to make a comparison.
1
Have 5 residential districts and they are classified D for Dwell-
ing, 1,2,3,4,5 and 4 C Districts will will become commercial
and C1,2,3,4; and a Light Manufacture District, a CLM, light
manufacturing; and PLP, which. is public institutions. Those
are the zoning districts which.are being proposed for review,
for recommendation to the City Council to finish up the second
-
part of the development plan to rezone and implement the plans
of the city which they have. It was originally structured that
both the plan and here's the zoning. For most of you it is
the first time you have ever seen it and the City Zone Commission
has had it for about 2 or 3 weeks. Didn't use the other ordinance
because it was too permissive. John Kain felt that the City
Council should be invited to a.work shop after they have gone
over this and in this way answer a lot of their questions before
they,take it onto the council floor. Steve stated that two
zoning ordinances didnot appeal to the city attorney. If this
is not done then everything would have to be changed in the
city. .
John Kain said that everybody has been involved in this redevelop-
ment plan.
Steve ,explained what the City`Zone'Commission had now done.
He stated that all the areas indicating those areas which were
coming up before the city council and those that have been rezoned
and indicated those areas adjacent to the redevelopment area,
7th, Avenue W 6th Street
and West and 2nd Alley West have been
to hearing, with recommendation to council and the council would
be considering the areas adjacent to the redevelopment area
on the east, on the west and on the south next Monday and assume
will adopt an ordinance at first reading that will zone those
areas. If they zone as recommended the areaas that match these
in the redevelopment area, iL
and outside the area will be compat_i
and the names are changed "to protect the innocent", but they
are compatible, principally the same but there are some uses
in the RA-2 that are not permitted in the D-3, so the Districts
are compatible in the redevelopment area and adjacent and not
totally different. Steve then explained that a D-5 was residence
.office district, D-4 high density multifamily area and D-3 is
medium density multi -family, D-2 low density multi -family, and
D-1 single family duplex and NC-1 neighborhood commercial which
is similar to but not the same as B-1, and the NC2 professional
office district also allows residential, C-1 cut down and in
some cases expanded B-3 district for similarity purposes, C-2
is a little expanded B-4, C-3 not anything like the B-5, allow
some and some it didn't, C-4 is almost entirely office, financial
and allows eating and drinking but no repair garages, no car
dealers, none of that kind of open use of land at all, principally
retail in core, this district permits some retailing, mostly
service oriented, auto oriented service facilities, offices
and. residential above the second floor and this allows residential
above the second floor also, on southern perimeters.
The others districts are IM which is light manufacturing, what
do we or don't we want to promote in that area, principally,
from a wholesaling, warehousing standpoint, much reduced the
flexibility of the I-1 district to get rid of rag and bag
collection and not the kind of stuff you want in downtown area cj
The C-1 district does allow some retailing which the B-3 doesn'L.
Up to 1,000 sq. ft. It allows some office space up to 1,000
sq. ft. In some cases it does and/or doesn't allow what a B-3
does. Try to tailor it to the Plan. The PLI district is used
specifically and are the uses that are particularly permitted.
Looked at open space, government offices, and only two places
it is used and those are the only uses permitted. CLM is
.commercial -light manufacturing. Takes some things from the
C-1 and C-2 districts and most of the uses from the IM district
and combines into one type of district. This is the area community
development is trying to relocate the coke plan to, from Meridian
Road. Lance is interested if a site can be found that he can
trade his Meridian Road property for. Principally from the
railroad tracks north to Idaho.
Steve explained that originally started with an RR-3, rural
residential and it didn't particularly make any difference what
you called them and the uses didn't change but the names did
to do away with confusion as it could relate back to any of
the old zones.
,Mr.Walt._,. Griffin wished to know if the Downtown Development
Corporation endorsed this as presented. Steve said yes although
they haven't come out -with a statement to that fact and believe
that they want to see what the Plan will be as it relates . n
John Kain said he had heard of no opposition.
[7
Developers Diversified:
Public Hearing on
Comprehensive Plan
Amendment for
Buffalo Hill
1 (Mall) area:
September 4, 1979:.
Steve felt that the 'county members should take .it home and really
look at it for a good presentation. John Kain felt that after
going through this that the next time the Board invite the council.
President_Lupton questioned that a bit, don't know how the city -
county can come up with a better zoning plan than the Redevelopment
Plan and Staff when they have put hundreds of hours into this.
John Kain,said he had no argument with it except to have them
with them in a session before it went to the council floor.
If there are any questions they should be answered here rather
than at a regular council hearing. This was the recommendation
coming out of the zoning corrmission. John Kain felt as it was
the last portion should get it out of the way as fast as possible.
Fran wished to know if this would be heard the 4th? No that's
the Buffalo_Hill hearing on Plan.
It was recommended it be scheduled for two weeks. John Kain
said Gallaher and Mercord would be available and a cross section
of everyone involved. John Kain stated that one should be sent
to Larry Lee of the Parking Commission. This would be for the
28th.
President Lupton stated that 22.weeks ago John Kain had called
and suggested that contact be made with Dan Johns, Developers
Diversified, with Mayor Happ,` County Attorney and other interested
parties and talk about the lack of communication between Staff,
Board and Council regarding the proposed Buffalo Hill Mall and
and then proceeded to explain why this was delayed this late
and not being heard on August 7, because of not having enough
material collected to assess the impact. President Lupton said
that with 30 days can have a clean Staff Report and have a good
public hearing on August 7, but'the Staff needed time and came
to the conclusion as a result of the complicated drawings that
had been provided there was no way that the Board could be provided
with a Staff Report in that time, therefore, being upset that
had not been appraised of that two weeks earlier, therefore
better postpone no longer than 30 days and then had an APO Board
meeting with concern expressed from the Mayor and Council and
at that meeting a motion that all proposed changes be handled
not later than Sept. 4. Dan Johns found out about the postponement
which he did on Tuesday night on the radio Wednesday morning
through unofficial channels and was then very upset and irritated
and indicated derogatory remarks about the Board and Staff and
Dan called him and requested a meeting to talk about it and
thought it was someone's intent to move the date forward, did
not up the date earlier than the 4th. and as a result Dan Johns
sent a letter which he proceeded to read. (copy attached).
President Lupton said that he then wrote Dan Jons a letter on
August 2, 1979; "Dear Dan: Regarding public hearing on Compre-
hensive Plan for Buffalo Hill. Tam in receipt of your letter
of August 1, and am responding, because lack of response could
possibly be construed as total agreement with its contents.
Concerning said Paragraph one of your letter, as we all agreed
during our meeting of July 31, and as determined at the APO
.Board meeting on the evening of July 25, the public hearing
before the Kalispell City -County Planning Board to consider
amending the Comprehensive Plan will be conducted no later than
Sept. 4, 1979. The only true events that I can perceive that F)
could preclude this area natural disaster, or inability to
get. a quorum.. I do not. expect the former and will do all I
can to prevent the latter.
Regarding said Paragraph 2, during'our meeting of July 31st
I indicated to all present in good faith that as far as I was
I oncerned there was no reason that a recommendation to both
(governing bodies concerning proposed Comprehensive Plan amendment
should not be made by Monday, Sept. 10, 1979. I will indicate
so again here. However, you will recall that I indicated at
our me.eting,that I could not speak for the other Board members
concerning possible -problems .at -the hearing or the need to table
the hearing to another night. I do not expect such problems or
the need to table the hearing and.will do all I can to ensure that
the hearing and subsequent recorrfnendation is handled expeditiously,
but I must point out that I am obligated to speak for the other
Board members and I am not involved here as an individual.
Matters such as a recommendation on the Comprehensive Plan Amend-
ment must come as a result of a vote by the entire Board.
Lastly regarding Paragraph 2 of your letter "in which you refer
to the 60-t6 90 day time period. It seems to me that your
reference to that is slightly out of context, although I have
no personal knowledge of what Mayor Happ, the City Council or
any individual councilman may have told you I am aware of the
60 to 90 day time frame in applying to subdivisions only, whicit
of course does not apply here. To the best of my knowledge
there is no state statute or local governing body statute or
directive that spells out.a time frame for Comprehensive Plan
amendments. I feel we,are obligated to do them as expeditiously
as possible with the best interest of the entire community in
mind.
If you have any questions please do not hesitate to call."
President Lupton said he wanted the Board to know what was going
Ion and that it was still on target for Sept. 4th and would welcome
comments.
John Kain said he moved that a public hearing be held on September
th so that the Board could vote on it; seconded by Fran 011endike.
President Lupton called for the question: motion carried
unanimously. -
President Lupton stated he didn't feel that anyone was beiing
treated unfairly but that all of a sudden all were being pressured.
Hadn't had a response to his letter so wonder if it had been
received.
Dorothy Garvin moved that the Board adjourn; seconded by Robert
LeDuc; motion carried..
W. J. Lupton,Pres.
ee/8-27-79