Letter of Denialof Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
November 24, 1999
Lt. Monte Jones, Salvation Army
110 Bountiful Drive
Kalispell, MT 59901
Dear Lt. Jones:
This letter is to inform you the Kalispell City Council, at its regular meeting November 15th, denied
your request for a Conditional Use Permit. The motion to approve the CUP failed on a tie roll call
vote with Atkinson, Larson, Van Natta and Boharski voting in favor, Donahue, Graves, Haarr and
Nystul voting against, and Scarff abstaining. I have attached a draft copy of the Council Minutes
relating to the discussion. If you need additional information, please don't hesitate to call me.
Sincerely,
Theresa White
City Clerk
enclosure
ORDINANCE 1341 - AN ORDINANCE REVISING CHAPTER 6, THE ELECTION
SECTION OF THE KALISPELL CITY CODE - 1ST READING
Neier explained this ordinance conforms to the election procedure
that is designated within state law.
Scarf f moved first reading of Ordinance 1341, an ordinance amending
Chapter 6, Elections, Kalispell Municipal Code by amending R.O.
1947 H 124, 125 and Ordinance No. 1192, repealing R.O. 1947, H
126 and 127; enacting a new section § 6-3,1 (Election Procedures),
enacting a severability section; authorizing the City Attorney to
recodify Chapter 6, Kalispell Municipal Code i4, accordance with
this ordinance; and declaring an effective dat motion was
seconded by Nystul.
There was discussion.
Haarr asked how often the ward boundaries -.are changed.'
Neier answered they are redrafted afterr�4�kye�ry,:census, which occurs
about every ten years.
The motion carried unanimously upon roll call vote.
ORDINANCE 1339 - ZONE CHANGE REQUEST FROM WILLIAM AND REBECCA SNEED
- 2ND READING
The Sneeds are requesting 164 acres on i the southwest corner of 8th
St. W. and 12th Ave. W.""be changed from Low Density Residential
Apartment to Two-Familyial. At the last meeting, Council
Two -Family --,Residential.
approved the zone change on first reading.
4-:
Haarr.,moved second l-reading of Ordinance 1339, an ordinance to amend
Section 27.02.01011 Official Zoning Map, City of Kalispell Zoning
OrdinancO,.,(Ordinance' No. 1175), by zoning certain real property
described',on Exhibit- .,*A" (previously zoned RA-1, Low Density
Residential— Apartment) -°,,to R-4 (Two -Family Residential), in
accordance with the City -County Master Plan, and to provide an
effective date.',The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon roll call vote.
SALVATION ARMY CONDITIONAL USE PERMIT REQUEST
Lt.-.1-Monte Jones, on behalf of the Salvation Army, has applied for
a conditional use permit to construct a 12-unit apartment complex
on the east side of Bountiful Drive. The Planning Board and
Planning Staff have recommended approval with conditions.
Kalispell City Council Minutes
November 15,1999
Page 3 of 11
Narda Wilson, FRDO, explained the single -story apartment complex
would be located in the north part of the Salvation Army's parking
lot and would be specifically for senior citizens and disabled
people. She said because of concern from residents, Salvation Army
has agreed to place a site -obscuring fence and landscape buffer
along the eastern boundary of the complex.
Van Natta moved approval of the Conditional Use Permit for
Salvation Army. The motion was seconded by Larson.
There was discussion.
Nystul said condition number one refers o fencing 4nd asked who
will determine the type of fence that's�nstalle
Wilson said a six-foot tall fence has been {discussed and would
comply with zoning. She said if Council desires, a specific "six-
foot site -obscuring fence" could be added to the condition.
Nystul felt that would eliminate any.,questions .
Atkinson asked if there would be,:proper egress and ingress to the
new buildings for buses. y
Wilson said there has to be `access-avaiiable for fire trucks, and
if they can turn around, tnere shouldn't, --be any problem for buses.
Kukulski commented that' -Fire Chief Ted_Waggener had another meeting
to attend and is unavailable for questions, but the proposal would
not be approved if -`-adequate fire access can't be met.
Atkinson moved an'4' mendment to the conditional use permit by adding
a condition number five _which would state: "A plan will be devised,
in conjunction with Eagle .Transit, to meet the ingress and egress
needs of. ipubl c.-transportation". The motion was seconded by
Nystul.
There was discussion.
L `. Monte Jones 216 Glenwood Drive, said the Salvation Army has
already planned to provide transportation twice a week to local
shopping areas.
Atkinson said the elderly are not only Salvation Army's customers,
but Eagle Transit's customers as well, and it's in everyone's best
interest to work together.
The amendment carried unanimously upon vote.
Kalispell City Council Minutes
November 15, 1999
Page 4 of 1 1
Larson said there's a deed restriction requiring that the units be
used only by senior citizens and disabled persons . Larson said that
hasn't always worked in the past and asked how the provision will
be enforced.
Lt. Jones said the grant proposal requires the property to remain
for low income, senior or disabled persons. He said in addition,
the apartments would be built with seniors and disabled persons in
mind and would probably not be desirable for anyone else.
Boharski asked for public comment.
Dean Jellison, 116 Crestline Drive, saidhis bggest.:concern with
the project is the lack of parking. ile'' said there ;isnt enough
spaces planned and the overflow wk-11 end up parking, insw=the
neighbors' front yards. Jellison also expressed coricerri that the
development would add to the traffic congestion in that area.
Michael Ober, 54 Buffalo Hill Drive, commented he feels the project
will devalue the property in the area and he's worried about the
"type and character of people who are attracted -to this kind of
facility". He said he also doesn't feel the project is compatible
with the area and it would be isolating seniors and disabled
persons from the facilities they need.
Rosalee Heinecke, 61 Buffalo Hill Drive, said this neighborhood is
a "fragile urban environment" and this is the wrong area for the
proposal.
Jerry Schnell, 136 Crestline Drive, stated he's concerned with
conditional use permits that change the integrity of a
neighborhood. He said he's also concerned with the traffic
problem.'
Steve Staneart, :Director of the Salvation Army Community Center,
said the project will not significantly impact parking or traffic
flow.` He said when the Salvation Army started looking at projects
for this area, they_ wanted the least impact on the neighborhood and
this proposal accomplished that. Staneart said this is a good
location for the project because Salvation Army serves two meals a
day and residents would be close to nursing homes and medical
facilities.. He said Salvation Army has worked very hard to work
with the neighbors and he feels they have done that successfully,
even though a few neighbors may disagree.
Lt. Jones said this type of facility is needed in the community and
he's hurt that there are people who want to deny seniors and
disabled persons a decent place to live. He said Salvation Army has
"bent over backwards" to satisfy everybody, and he feels it's
Kalispell City Council Minutes
November 15, 1999
Page 5 of 11
coming down to the "NIMBY principle, neighbors who just don't want
it in their backyard".
Atkinson asked Wilson if Chief Waggener felt there was any problem
with the plans.
Wilson answered that Waggener indicated at Site Review that the
Fire Department can obtain adequate access to service the building.
Larson said the Uniform Fire Code requires that access is available
to all sides of the buildings, but leaves it up to the Fire Chief
as to how this is to be accomplished. He said Waggener indicated
at the work session that until he saw - a �-defsiitsve set of blue
prints, he couldn't give a definite answer as to access.
Syr
Wilson agreed, but stated those requirements are addressed "during
the actual construction process and not at this stage of the
proposal.
Haarr commented that this proposal is iri his backyard, and even
though he feels it will decrease his prope rty,;yalue, he's trying to
look at it objectively. He said,hs main concern is the location
and that people will be "landlocked". Haarr said it would be easier
for the residents if the facility is located near the services they
want, instead of relying on a bus schedule'. He stated with some
effort by the City and Salvation Army, a better location can be
found for this project.; `rHaarr ,encouraged the Council to deny the
request and look into other alternatives.
Donahue said according to the Zoning Ordinance, the H-1 zone is
intended to provide hospital facilities and supportive services for
the care of the sick,, the elderly and the distraught, not to serve
the general retail or the overnight accommodation needs of the
general public. He stated the ordinance also lists several things
as conditional uses that the Council "may" allow in this zone.
Donahue said it doesn't say "shall" and he feels Council members
are well within their rights to deny the request. He said he agrees
with Haarr that this is not the best location for the facility and
with some work, a better place can be found.
Van Natta said --whether it should be or not, there is residential
mixed in with this zone, and asked Neier where the Council stands
legally if it denies the request.
Neier stated according to the law, a proposal under a conditional
use permit should have "no more adverse effect on the health,
safety and comfort of persons living or working in the area, and
should be no more injurious economically or otherwise to property
or improvements in the surrounding area than any other use
Kalispell City Council Minutes
November 15, 1999
Page 6 of 11
generally permitted in that district". He stated "an authorized
conditional use permit shall not be denied arbitrarily or if nc
specific adverse effect is found". Neier said the age, race, creed
or national origin along with sex and physical condition of the
people occupying a building is irrelevant to the granting of a
conditional use permit. He said in his legal opinion, the proposal
fits within this zone and complies with the conditional use permit
criteria.
Haarr said all the residents on Buffalo Hill Drive ."-feel this
facility will have an adverse effect on the neighborhood and reduce
property values.
Atkinson commented that residents of the °facility',,wl1` wave acce s
to services from Eagle Transit and Salvation Army buses. He skid
as long as they can walk from their apartments to the`front-of`the
Salvation Army, they will have the same accessibility to the
community as the rest of us.
Scarff said he doesn't feel comfortable voting on the permit until
all of his questions are answered concerning, fire access.
Scarff moved the motion be tabled until the Fire Chief is present
to answer questions. The motion was seconded by Nystul.
The motion failed with Nystul and Scarff voting in favor.
The motion as amended failed on'a tie roll call vote with Atkinson,
Larson, Van Natta and-Boharski voting in favor, Donahue, Graves,
Haarr and Nystul voting against, and Scarff abstaining.
AIRPORT. ADVISORY BOARD APPOINTMENT
Boharski explained Mike Larkin has vacated his seat on the Advisory
Board and four people have requested appointment; Dick Brady,
Richard Dews, Don Hines and Jim Robischon. In order to qualify for
the seat, the appointee must reside within the City limits.
Boharski said only two applicants live in Kalispell, Brady and
Robischon. Boharski said Robischon has a business but no aviation
background and therefore recommended Brady be appointed to the
Board.
Donahue commented Robischon was a member of the Airport Committee
of the Butte Chamber of Commerce for many years.
Boharski stated that wasn't mentioned in Robischon's application
letter.
Kukulski said staff prefers Brady because of his involvement with
the Airport's maintenance.
Kalispell City Council Minutes
November 15, 1999
Page 7 of 11