07-26-771
7-26-77
Minutes approved.
Public Hearing:
Bertschi. Addition to
Kalispell, Add. #75•
Hendrickson #70,.
Bertschi.Addition,
Continuation.
A meeting of .the Kalispell City -County Planning Board was
held on. Tuesday, July 26., 1.977 at 7;30 p.m. in the Flathead
County-.Health.Service Center Meeting Room, 723 5th. Avenue East,
Kalispell, Montana.
Members Present:
Jay Shropshire
Walter A. Griffin Jr.
Harvey Knebel
Charles L. Hash
Wm. J. Lupton
Ray Lybeck
Garmen Meadows
Dorothy Garvin
Others Present:
1 APO Staff Representative
12 Guests
In the absence of all elected officers of the Board, Harvey
Knebel moved to appoint Charles Hash as Temporary Chairman;
seconded by Walt Griffin. motion carried.
The meeting was called to order by Temporary Chairman Charles
Hash at 7:42 p.m.
Minutes -were reviewed. There were no additions or corrections
and they stood approved a's mailed,
Jim Mohn presented the Staff Report; a brief outline of the
proposal, Questions by the Boardconcerned permitted uses
in the No. 3 Residence District, the adjacent uses and
questions dealing with.possible location of a soft drink
bottling plant on the property. Mr. Ted O. Lympus,
Attorney for the principals of the property transaction,
indicated that his clients wished to have the property
annexed and zoned as No, 5 Business Residence in Eight of
the anticipated commercial uses and.in light of .the commercial
uses in the facility, Further discussion dealt with
contractural terms of the Bertsch'Gosney contract. No
action was taken at that time and discussion turned to the
next public hearing,
Jim Mohn presented a brief summary report and Staff
recommandations. Discussion dealt with the lack of city
sewer being available to the.proposal and that the area of
the three lots concerned, now, d:id:>not..appear adequate for
septic systems. The Hendricksons stated that they wished
annexation for the purposes of city.water and that their
discussion with the county sanitarian had indicated to
them and there was no problem as far as obtaining approval
on septic systems for the three parcels to be created,
After.further discussion Harvey Knebel moved that the
annexation subdivision in zoning as No, 1 Zoning District
be approved subject to approval by.the.State .Department
of Health and County Sanitarian, Motion was seconded by
B, J. L.upton;.motion carried,
At this time discussion returned.to.the.Bertschi
Addition. Walt Griffin moved that.the.annexation request
be.approved.subject to the zoning as -a No,.3 Residence
District subject to the approval ..by.'the.State.Department
of Health and Environmental'Sciences Seconded by
Ray Lybeck: motion carried.
1P
Tollefson Zone Change,
Continuation.
Mission.Village #4,
Approval Statement
Zone Changes -
0. N. Parker
Zaruah Kaufman.
Charles Hash explained to the, Board the reasons for the
continuation primarily on two points, first the request for
the County Attorneys opinion as to whether the granting of
the zone change would result in spot zoning, and second as to
a clarification of the actual area being proposed for the zone
change.
With regards to the first point., Jim Mohn explained
that due to several variables involved the County Attorney's
Office -it would be difficult for them to clarify or give an
opinion on the spot zoning question but indicated to the Board
Members that whatever decision was made in their judgement
the County Attorney's Office would defend that position should
the action be taken to court.
With regards to the second item, a letter from Mr. Swennes
was read which determined that approximately .55 acres also
known as Tract B, of parcel 3A in Sec. 32 T29N, R21W, PMM,
Flathead County Mt was the only area being requested for the
zone change. Also Mr. Swennes presented to the Board a
State Department of Health approval statement with regards to
said Tract B, of parcel 3A in the Sec. 32, T29N,-R2lW which
indicated approval of a single family residence on the property
and that all health requirements could be met. Following brief
discussion as to the question being discussed by the Board
primarily with regards to the zone changeand not' -a question
of health department of approval,,Dorothy Garvin moved that
Tract B of parcel 3A in Sec. 32 T29N, R21W be rezoned to
R5; motion was seconded by Garmen Meadows, Additional discussion
dealt with the question of whether public services were
required in the R^5 versus the R-2 and what complications that
statement may present with this zone change being granted
and concern was voiced as to whether or not this would result
in spot zoning. The question was called for; motion carried
and it was noted that Harvey Knebel abstained from voting.
Jim Mohn read the approval statement letter, dated July 6, 1977
from the Board of County Commissionersto..the APO Staff and
discussed two of the conditions added by the Commissioners,
above and beyond what the Planning Board had originally
recommended, The two sections the Commissioners had added .
dealt with the relocation of the intersection of Mission Trail
and Whitefish Stage so that this intersection would. -align;
directly opposite Grandur.de Lane. -(Copy attached)
The second change dealt with the adequacy of the water system
to serve the area, so that not only domestic but.irrigation
demands of the residential lots could be met.
No action was taken with regards to this letter,
Jim Mohn read a letter from the Board of.County Commissioners
to Mr.. Jim Thompson, President Kalispell City -County Planning
Board, dated July 8, 1977 dealt with the Commissioners
action for zone change to 0, N,.Parker in the Greenacres
Zoning District and Zaruah Kaufman in the Scenic Tracts.,
Zoning District, and Charles Hash inquired whether.
Jim Thompson had seen the letter and it was apparent that
Mr. Thompson had not and. Charles Hash .suggested that such
correspondence, though received by the APO Office should
2.
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be forwarded to Thompson for -comments, This letter and all
future letters should be forwarded to Mr, Thompson directly,
when so addressed, (Copy attached)
Review of the Zoning Jim Mohn.explained, that due .to the inability of Mr. Petrini
Commission Procedures.to attend this meeting and some apparent discrepancies in. the
procedural outline „ that the Board Members had previously
received, the Board should delay further review of the
procedures until the next regular meeting.
Good & Welfare Board Members.suggeste& that the Staff make closer review of
zoning petitions to avoid discrepancies and misinterpretations
with regards -.to actual items being requested,
Annexation Checklist.
Additional Good &
Welfare.
'Walt Griffin noted that on the Annexation Checklist Peter
Drant, who is the Park.Superintendent, is listed as the
individual to meet with the discuss park requirements.
Mr. Griffin felt that a more appropriate person, if not the
only person who should deal with this particular topic
would be Forest Daly who is Chairman of the Parks Committee.
Discussion also continued with regards to clarification with
all department heads noted on .the Checklist to ensure that the
proper information is obtained and not just the signature
of the department head to indicate that petitioners had met
with that particular office. Several possibilities for
improvement were discussed and the Staff was asked to look into
possible improvements in the actual Checklist statements.
The mileage claim for Jay Shropshire in the grand total of
.$9.00.was approved for payment.. The claim was signed by
Acting Temporary. Chairman.Charles Hash,
Ray Lybeck suggested that the.Board Members and their
spouses schedule 'a get together in the form of a no host
dinner, along with the Members,of-.the Staff with the
dinner to be followed by the attendance of a regular
Planning Board Meeting to afford an opportunity for the
.spouses to -see what actually takes place at Planning Board
Meetings, This suggestion received favorable comments from
all Members present.and.it was suggested that Jim Thompson
and Fran 011endike be.contacted and possibly asked to
coordinate such a get together,
There being no -further business, the meeting adjourned at
9:55 p.m.
PRESIDE
SECRETARY
ee I
7-28-77 3,