Staff Report/Zone ChangeFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
fiar-12-ITU-9
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Zone Change Request from B-3 to B-4 -
Smith Food and Drug Centers, Inc.
August 2, 1999
Phone: (406) 758-5980
Fax: (406) 758-5781
BACKGROUND: This is a proposal to rezone the Smith Foods property containing
approximately 4.22 acres from B-3, Community Business, to B-4, Central Business
District. The purpose of the zone change is to allow Smith Foods to construct their
new grocery store on the south portion of the lots(s) which has a I- foot side comer
setback rather than the 15-Ifoot side comer setback required under the B-3 zoning.
The B-4 zoning does not have setback requirements. This matter went to the
planning board for public hearing and consideration on July 13, 1999 and they are
recommending that the property be rezoned to B-4, Central Business District, as
proposed.
RECOMMENDATION: A motion to adopt the first reading of the ordinance amending
the Kalispell Zoning District map to rezone these properties from B-3 to B-4 would be
in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
da A. ikon Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 21, 1999
Attachments: Letter of transmittal
Exhibit A (legal description)
Staff report KZC-99-3 and back-up materials
Draft planning board minutes
Providing Community Planning Assistance To:
• Flathead County o City of Columbia Falls - City of Kalispell - City of Whitefish •
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
The Kalispell City -County Planning Board met on July 13, 1999, and held a public hearing to
consider a request by Smith Food and Drug Centers, Inc. for a zone change from B-3,
Community Business District, to B-4, Central Business District, on property located on the
south side of Idaho Street between Third and Fourth Avenues East containing approximately
4.22 acres.
Narda Wilson of the Flathead Regional Development Office evaluated the proposal based upon
the statutory criteria and gave a presentation of staff report KZC-99-3 in which staff
recommended approval of the requested zone change.
At the public hearing Kirk Randall with Great Basin Engineering and representing the
applicants spoke in favor of the request stating that they are going to build a new building
with ten foot side yard setbacks, which would be allowed in a B-4 zoning district but not
B-3. Rude Knudsen stated that his parents own property to the east and are not in
objection to the progress of the property. No one spoke against the petition.
The planning board discussed the proposal and a motion was made and seconded to adopt
staff report KZC-99-3 as findings of fact and forward a recommendation to approve the zone
change from B-3 to B-4. The motion passed by unanimous vote.
Please place this matter on the agenda for the August 2, 1999 regular city council meeting.
Please contact this board or Narda. Wilson at the Flathead Regional Development Office if you
have any questions regarding this matter.
Sincerely,
on•I MOM 4
Providing Community Planning Assistance To:
Smith Food Zone Change
July 21, 1999
Page 2
JJ/NW/tl
Attachments Exhibit 'B' (legal description)
FRDO Report #KZC-99-3 w/application materials
Draft minutes of 7/13/99 planning board meeting
c: w/Att: Theresa White, Kalispell City Clerk
c: Smith Food and Drug, 1550 So. Redwood Rd., Salt Lake City, UT 84104
K. Randall, Great Basin Eng, 20 10 No. Redwood Rd., Salt Lake City, UT 84104
H:\ ... \TRANSMIT\KALISPEL\ 1999\KZC9903
W
••r r r-
"WT •- • -• •
FLATHEAD REGIONAL DEVELOPMENT OFFICE
REPORTSTAFF
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a zone change request from B-3 to B-4. A public hearing has been
scheduled before the Kalispell City -County Planning Board for July 13, 1999
beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board
will forward a recommendation to the Kalispell City Council for final action.
The applicants are proposing to amend the Official Kalispell Zoning Map on several
parcels from the existing B-3, a Community Business zoning district, to B-4, a Central
Business zoning district.
A. Petitioner andOwners: Smith Food and Drug Centers, Inc.
1550 So. Redwood Road
Salt Lake City, UT 84104
(801) 974-1400
Kirk Randall
Great Basin Engineering
2010 No. Redwood Road
P.O. Box 16747
Salt Lake City, UT 84116
(801)521-8529
B. Location and Legal Description of Property: The properties proposed for
rezoning are located on the south side of Idaho Street between Third and
Fourth Avenues East. The properties can be generally described as Lots 1
through 12, Block 19 and Lots 1 through 12, Block 22, Kalispell Original,
located in Sections 7 and 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. Existing zoning: Currently these property are zoned B-3, a Community
Business District which requires a minimum lot size of 7,000 square feet and
allows a wide range of retail uses, offices and other business and commercial
uses designed to provide a community shopping area. Setbacks in this district
are 20 feet in the front, five feet on the sides, ten feet in the rear and 15 feet on
a side corner.
D. Nature of Request and Proposed Zoning: The properties are being proposed
for rezoning to B-4, a Central Business District which has a minimum lot size
requirement of 7,000 square feet. This use district allows for the broadest
range of commercial and retail uses. There are no setbacks for the B-4 district
which is the purpose behind the zone change. The applicants would like to
remove the southern portion of the existing building and begin construction of
a new Smith Foods. The setbacks under the proposed B-4 would allow the new
store to be constructed while the major portion of the existing store would stay
intact and usable.
Under the current zoning both of the side yard setbacks would be side corner
setbacks requiring a 15 foot setback from both Third and Fourth Avenues East.
These setbacks would not allow the applicants to construct their store as
intended. A preliminary site plan has been included in the packet for
informational purposes only and is not subject to review under the current
zone change proposal. In reviewing the proposed site plan, it is obvious that
the new store could be reoriented so that it has a more north / south direction
and would face either Third Avenue East or Fourth Avenue East rather than
Idaho. However, it appears that it may be problematic in allowing the existing
store to continue to operate during construction.
E. Size: The area proposed for rezoning contains approximately 4.22 acres of land
and contains a number of parcels within the original Kalispell townsite in
addition to a portion of an abandoned right-of-way. No subdivision or
rearrangement of lot lines has been proposed with this application or is the
staff aware of any pending.
F. Fadsting Land Use: These lots currently have the Smith Foods grocery store,
restaurant and pharmacy in the main building and a laundry facility in the
southern part of the building. Eventually, the entire building will be removed
and replaced. It should be noted that the existing building does not comply
with the setbacks of the B-3 zoning district in the front and along the side
corners.
North: Convenience stores and gas stations, B-3 zoning
East: Undeveloped and offices, B-3 zoning
South: Unoccupied industrial building, I-1 zoning
West: B & B shopping center and Tidyman's, B-4 and B-3 zoning
H. General Land Use Character: The general land use character of this area is
primarily retail and commercial in nature. There are some residences in the
area to the north that have not transitioned to higher intensity uses. There are
also some limited light industrial uses in the area which make this area retail,
commercial and industrial in character.
I. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Light
Telephone:
PTI service area
Schools:
School District #S
Fire:
City of Kalispell
Police:
City of Kalispell
Relation to zoning requirements:
With regard to lot size, the lots within the property proposed for rezoning would
meet the minimum lot size requirement of 7,000 square feet for lots within the
B-3 zoning district. The proposed B-4 zoning does not have minimum lot size
requirements. The existing building does not meet the B-3 setbacks in the
front and on the side corner. The purpose of this zone change is to reduce the
required side corner setbacks from the current 15 feet to the zero setbacks
required under the proposed B-4. It should be noted that most of the buildings
in this area are constructed up to the property boundaries and do not comply
9
with the B-3 zoning.
Reaction of Nearby Property Owners
A notice of public hearing was mailed to property owners within 150 feet of the
subject property approximately 15 days prior to the hearing. At the writing of the
staff report, one comment in opposition had been received by the staff.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
This area is within the boundaries of the Kalispell City -County Master plan.
The master plan map designates these properties as commercial. The area
proposed for rezoning is generally outside of the area considered to be the
"Central Business District," however, this area is not clearly delineated within
the plan document.
2. Is the requested zone designed to lessen congestion in the streets?
Currently, the area proposed for rezoning has an existing retail commercial
building. The uses allowed under the proposed B-4 may generate more traffic
than those allowed under. the existing B-3 zoning. However, Idaho Street is a
major arterial and Third and Fourth Avenues East are collectors within the city
where large volumes of traffic is anticipated. Since the use of the sites will not
change significantly, additional traffic and congestion which might be
generated as a result of this zone change are minimal.
3. Will the requested zone secure safetv from fire, panic, and other dangers?
Access, fire suppression and circulation in the area are adequate to secure the
area from fire, panic and other dangers which might compromise the safety of
the public. Rezoning will not effect the risk and safety factors which might be
associated with this property.
4. Will the requested change promote the health and general welfare?
The primary benefit to the health and welfare of the community related to the
rezoning of this site is the fact that the property owners can begin construction
of the new building without having to displace the workers in the existing
building. Otherwise, there would be an insignificant impact on the general
health and welfare of the community with regard to the rezoning of these lots.
5. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the density in the district and
the setback requirements for structures.
6. Will the requested zone prevent the overcrowding of land or undue
concentration of people?
The allowance of reduced setbacks in the B-4 zone may place the buildings too
3
close to the busy intersections of Idaho Street and Third and Fourth Avenues
East creating visibility and congestion problems. The structures on these
parcels have not been established and there is significant potential for
redevelopment with the removal of the existing building. However, any new
building would not likely pose more of a problem than the existing building and
will provide needed commercial density in a core area of the community. The
overall density of the area would not be significantly changed with the proposed
B-4 zoning for this property.
7. Will the requested zone facilitate the adequate provision of transportation
water, sewerage, schools. parks. and other public requirements?
All public services and facilities are available to this site such as fire protection,
police protection, schools, parks and recreation and a good transportation
system. Adequate services can be provided to accommodate the development
of these lots.
8. Does the requested zone give consideration to the particular suitability of the
Property for particular uses?
Currently this property is being used commercially and is in a area which is
developing toward a more intensive commercial nature. The uses on the
property will not change substantially and are consistent and compatible with
other uses in the area. The requested zone change gives adequate
consideration to the suitability of the property for uses allowed in the B-4
district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The character of the area is commercial, business, and some light industrial
which will likely transition to a commercial use at some point in the future and
this area continues to be redeveloped. The requested zone is consistent with
the uses in the area since it is intended for this mis of uses.
10. Will the proposed zone conserve the value of buildings?
The value of buildings in the area would be generally unaffected by this change
in zoning. The uses planned for these lots are commercial which would be
consistent and compatible with other buildings in the area which are primarily
commercial and light industrial in nature.
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The master plan designates this area for commercial development. The zoning
in the area and the requested zoning are consistent with that land use
designation. The zoning is used as a tool to implement the master plan thereby
encouraging the most appropriate use of land throughout the planning
jurisdiction.
SUMMARY
The properties proposed for rezoning will undergo significant redevelopment with the
new Smith Foods store. Allowing the proposed rezoning will facilitate the removal of
the southern portion of the building and will not require the closure of the store
F1
during new construction. This will allow the employees and patrons of the store to
continue to work and shop without significant disruption, a consideration that
benefits the community as a whole, but these individuals in particularly.
Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-99-3 as findings of fact and, based on
these findings, recommend to the Kalispell City County that the requested zone
change from B-3 to B-4 be granted.
H: \ ... \ KZC \ 99 \ KZC99-3
5
Flathead Regional Development Office
723 Sth Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fax: (406)758-5781
PETITION FOR ZONING AMENDMENT
CITY OF ISPELL ,SUN
1. NAME OF APPLICANT: F.
2. MAIL ADDRESS:
3. CITY/STATE/ZIP: PHONE: (P01)114-1400
4. INTEREST IN PROPERTY:
5. ZONING MAP AMENDMENT: to/ ZONING TEXT AMENDMENT:
MAN OR Lest,& XC1110MOV to) "--nu Rok •w
-X( What is the proposed zoning text amendment?
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property: Aeegak. -fPA'A0 e5Eer
B. Legal Description: -51" kjAZ- >-k 6 9
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is:
D. The proposed zoning of the above property is: 04
E. State the changed or changing conditions that make the proposed
amendment necessary:
1
HOW WILL M
O
A. Promoting the Master
B. Lessening congestion in the streets and providing safe access Pgnf'c5cp QF-W
&jLj7jQ(A WILL f-EL1646 SWAOEayATS QA"Iwq, f-EMoq£ LoAVIPj4 A96A5 ANp TKA514
D;'F 1*96 311tEEl AaV LaeArE Pf-NEWMI, A SA%;e ®ISTA*le-E j'Cowk SpAao 5rKEE't
'fo 4LaEVE A1' %590 * 41"'{jE f raAl4a 5rtet IwltE�SE�t1awS.
C. Promoting safety from fire, panic and other dangers e%.arssEo kaEw $u,Lattiut
W lu- 6014of-M To ALL L'Ur-rCPi 9196 GooES AWP Sx,riw4 .
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare Fj1=oP®-�g%7 NNW So%LalP4 w'LL Ca%jPo; TD A LL Cur-ce wT AAA Ay a
u'$& Goy9S
E. Preventing the overcrowding of land K10 As1;6ur
F. Avoiding undue concentration of population Q,, Ar-FEc-t
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities 00 -AVtELI
2
H. Giving reasonable consideration to the character of the district
I. Giving consideration to the peculiar suitability of the property for particular
uses
J. Protecting and conserving the value of buildings
K. Encouraging the most appropriate use of land by assuring orderly growth
The signing of this application signifies approval for F.R.D.O. staff to be present on
the property for routine monitoring and inspection during approval process.
5 'L�- -
�>"7z' 1 1
(Applicant)
3
(Date)
i.or 12, Block 21
Amd. Plat Ducans 0275530
10-NA
30 N 0829906
30-20D 0829905
Lot 4. Block 1 0975289
Lot 5, Block 1 0682450
Lot 6, Block I
Lot 7, Block 1 0339700
Lot 8, Block 1 0860000
Lot 9, Block 1 0229750
Lot 4, Block 2 0724600
Lot 5, Block 2 0390600
Lot 6, Block 2
Lot 7, Block 2 0793925
Lot S. Block 2
Lot 9, Block 2 0757125
Lot 4. Block 3 0249875
,/%Lot 5.F31o<k 3
,/,Lot 5. Block 3 0249880
State of Montana
McDonald Family Tnzt
787I Harbour Towne
Las Vegas, NV 39113
Joel Hillstead
471 E. ldabo
Kalispell, MT 5990
Hillsmad Tnu
198 Fairway Blvd
Kalispell, MT 5990
Harrington & Bibler lac.
PO Box 1195
Kalispell, MT 59"
Thiesen Life Estate (Myrlann Thiesen.
263 4th Ave EN Jeffrey H. Thiesen
Kalispell, MT 5990 Murphy R. McMahon)
Lynn E Straight
269 4th Ave EN
Kalispell, NET 5990
August and Betty Lou Reksten
266 4th Ave EN
Kalispell, MT 5990
C B Holdings
PO Box I
Kalispell, MT 5990
Mini Mart lac.
c/o Hi -Noon Pcmoicum
PO Box 7578
Missoula, MT 59807-7578
Donald & Gloria Landon
140 W. Oregon St
Kalispell, MT 5990
First security Bank ofMistpell
PO Box 7250
Kalispell, MT 5990
NOTICEOF i
CITY-COUNTYKALISPELL BOARDZONING COMIAISSION
Zone Change from AG-40 to SAG-5 - Smith Lake Road and Whalebone Drive
Zone Change from B-3 to 13-4 - Smith Food and Drag Centers, Inc.
Conditional Use Permit for Community Residential Facility in R-3 Zone - Crestline Drive
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, July 13, 1999, beginning at 6:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly
scheduled meeting, the board will hold public hearings or take public comments on the
following agenda items and will make recommendations to the City Council or the Board of
County Commissioners, who will take final action:
To the Flathead County Board of Commissioners
A request by Margaret Huckeba, Timothy and Elizabeth Heaps and Marian Kelly for a
zone change from AG-40, an Agricultural zoning designation with a 40 acre minimum lot
size requirement, to SAG-5, a Suburban Agricultural zoning designation with a five acre
minimum lot size requirement on approximately 78 acres. This property is in the Lower
Side Zoning District and is located on the east side of Smith Lake Road and south of
Whalebone Drive approximately 200 feet. The properties can be described as Assessor's
Tract 4A in Section 22 and Assessor's Tracts 7 and 7B and a portion of 7A and 4CE in
Section 15, Township 28 North, Range 22 West, P.M.,M., Flathead County Montana, and
as further described in Exhibit A.
To the Kalispell City Council:
2. A request by Smith Food and Drug Centers, Inc. for a zone change from B-3, a
Community Business zoning designation, to B-4, a Central Business District zoning
designation on approximately 4.22 acres. This property is located between Fourth Avenue
East and Third Avenue East south of Idaho Avenue. The properties can be generally
described as Lots 1 through 12, Block 19 and Lots 1 through 12, Block 22, Kalispell
Original, located in Sections 7 and 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, and as further described on attached Exhibit B.
3. A request by Byron and Lois Randall for a conditional use permit to allow a community
residential facility for four elderly adults on property zoned R-3, Residential. This zoning
district lists community residential facilities for eight or fewer people as a conditionally
permitted use. This use is proposed in an existing single family home located at 120
Crestline Avenue in Kalispell which is east of Highway 93 on the south side of Crestline
Avenue and south of Buffalo Terrace. The property can be described as Lot 10, Block 3,
Highland Park Subdivision located in Section 7, Township 28 North, Range 21 West,
P.M.,M, Flathead County, Montana.
Documents pertaining to these agenda items are on file for public inspection in the Flathead
Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are
available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and concerns
known to the Board. Comments in writing may be submitted to the Flathead Regional
Development Office at the above address prior to the date of the hearing.
K atool!�
Thomas R. Jentz
Planning Director
APPLICANT:
FRDO FILE #:
CERTIFICATIOti
SMITHS FOOD & DRUG CENTERS INC
KZC-99-3
I. the undersigned certify that I did this date mail a copy of the attached notice to the
following list of landowners within 150 feet of the property lines of the property
that is the subject of the application. �_�?
Assessor's S-T-R Lot/Tract
No. No.
SEE ATTACHED LIST
Date:
Property Owner
& Mail :address
APPLICANT
SMITHS FOOD & DRUG CENTERS INC
PO BOX 30550
SALT LAKE CITY UTAH 84130
SMITHS FOOD & DRUG CENTERS INC
1550 SOUTH REDWOOD ROAD
SALT LAKE CITY UTAH 84104
I of 6, Block 3 096650
Lot 7. Block 3 05667QO Whitefish Credit Union Assn
PO Box 37
VRiteSsh, M'T 59937-003
t.ot 8, Block 3
Lot Q. Block 3 0824739 Great Northern Bancshares Inc.
do First Security Bank
PO Box 7250
Kalispell, .ITT 59904_0250
Lot 1, Block 18 0517902 Herron s -zid Development
PO Box 9200
Kalispell, MT 59904-2200
Lot 2, Block 18
Lot 3, Block 18 0031250 Jack & Cecille Brown
760 North Main
Kalispell, MT 5990
Lot 4, Block 18
Lot 5. Block 18
Lot 6. Block 18
30-20
E038005
State of Montana
Department of Higlrxays
2701 Prospect Ave
Helena, MT 5960
30-20A
0929905
McDonald Family Tr=
7871 Harbour Towne
Las Vegas, NV 39113
30-20C
no 2
State of Montana
(see address above)
30-20B
0459380
Blue &- WhiteMotel
640 E. Idaho
Kalispell, MT 5990
30-10
E032350
State of Montana
(see address above)
30 B
0876150
Fred & Lavorme Cameron
57- 5th Ave EN
Kalispell, MT 5990
30 G
0239200
Cent—, Inc.
PO Box 64089
SL Paul, M:Y 55164-0089
;n GA
0296950
LHC Inc
PO Box 7338
Kalispell, MT 5990
Kalispell
097"51
James Chase
Market Place
PO Box 1280 %
�uS��
z tOGA
r
1 [ MCA
�.. Y
12
- F i � •E it
1
SMITH FOOD DRUG CENTERS, INC.
REQUEST FOR A ZONE CHANGE FROM
B�3, COMMUNITY BUSINESS, TO
B-4, CENTRAL BUSINESS ZONING USE
KALISPELL ZONING DISTRICT
EILEA KZC-99-3 SCALE " = 250'
DAB: 8/23/99
4
that the Flathead County Commissioners approve the zone
change. On a roll call vote all members voted Aye. The motion
passed unanimously.
SMITH FOOD ZONE A request by Smith Food and Drug Centers, Inc. for a zone change
CHANGE from B-3 to B-4 on approximately 4.22 acres on property located
between Fourth Avenue East and Third Avenue East south of
Idaho Avenue.
STAFF REPORT Narda Wilson gave a presentation on staff report KZC-99-3 in
which staff recommends that the board recommend to the
Kalispell City Council that the requested zone change from B-3 to
B-4 be granted. The owners tried to buy the adjoining parcel to
the south but were unable to negotiate a price. Therefore they are
asking for a B-4 zoning designation in order to alleviate the
required setbacks in the B-3.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Kirk Randall, representing the applicants, spoke in favor of the
petition stating that they are going to build an additional building
with ten foot side corner setbacks.
Rude Knudsen, son of the adjacent landowners, stated that his
parents are not in objection to the progress of the property and are
happy to see the removal of the "brick fence". He asked how this
zone change would be reflected on the taxes.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION Wilson explained that a residential property within a business
zoning district is still assessed as residential for taxes until such
time as the property is used for a commercial use.
OTION Garberg moved and Hines seconded to adopt staff report KZC-99-
3 as findings of fact and, based on these findings, recommend to
the Kalispell City Council that the requested zone change from B-3
to B-4 be granted. On a roll call vote all members voted Aye. The
motion passed unanimously.
RANDALL A request by Byron and Lois Randall for a conditional use permit
CONDITIONAL USE to allow a community residential facility for four elderly adults on
PERMIT property zoned R-3 in an existing single family home located at
120 Crestline Avenue in Kalispell which is east of highway 93 on
the south side of Crestline Avenue and south of Buffalo Terrace.
STAFF REPORT Narda Wilson gave a presentation of staff report KCU-99-7 in
which staff recommends that the board recommend to the
Kalispell City Council that the conditional use permit be granted
Kalispell City County Planning Board
Minutes of meeting July 13, 1999
Page 2 of 6
by Mr. Schnell. It was clarified that additional parking
requirements could not be placed on the permit, besides what
zoning would require, and the State regulates the number of staff
required based on the number of residents.
Schnell stated that even if the four residents don't have cars they
will have visitors, and that also creates the parking problem and
he doesn't think that the adequacy of the floor plan of the house
has been answered.
Wilson explained that there are six on premise parking spaces on
the property, and the State Health Department would determine
the adequacy of the building and caregivers. She stated that these
uses should be placed on a permitted use, not a conditional use,
because the notices cause confusion. These facilities go through
this process in order to notice the public, and it is not an issue of
the local government, (planning board or council) having any real
authority to deny the permit.
Heinecke added that he believes that this would fit within this
neighborhood.
W. Beede stated that he understands that neighborhoods have
some problems with transient youth group homes in their
neighborhood, but he cannot accept people being opposed to
having elderly people coming in to their neighborhood.
Johnson asked that Wilson add this to the next housekeeping
agenda.
MOTION Stevens moved and Sipe seconded to adopt staff report KCU-99-7
as findings of fact and, based on these findings, recommend to the
Kalispell City Council that the conditional use permit be granted
subject to the three conditions as laid out in the report.
Heinecke moved to strike condition one as there was no site plan
for the board to approve, and Stevens seconded. On a roll call
vote Stevens, Johnson, Hines, Sipe, Heinecke, and Garberg voted
Aye. Rice voted No. The motion to amend the motion to
recommend approval by striking condition one passed on a vote of
six in favor and one opposed.
On a roll call vote Sipe, Heinecke, Johnson, Rice and Stevens
voted Aye. Hines and Garberg voted No. The motion to
recommend approval of the conditional use permit, with the
amended conditions, passed on a vote of five in favor and two
opposed.
PUBLIC COMMENT ON Don Hines invited late arrivals to speak on the Smith zoning issue.
Kalispell City County Planning Board
Minutes of meeting July 13. 1999
Page 5 of 6
SMITH APPLICATION
DUE TO LATE ARRIVAL Mark Miller and Ramona Miller stated that they hold a lease
through the year 2000 and 2004 for their business in the Smith
building, and they have been told that this building will be torn
down by September. Their CPA and attorney recommended that
they come to the board and council meetings to speak with the
owners, before there is granting of any changes, in order to settle
legal issues. He stated that the Smith Corporation is trying to
push them out of their lease and they have been unable to get the
issue settled.
Wilson gave a copy of the staff report to the Millers in order to
assist them with the proper phone numbers and addresses.
Johnson explained that the only issue addressed by the board is
the zoning. That any issues over a lease would be a civil matter
and should be taken up with their attorney.
Wilson explained that the building department and the zoning
administrator will look at the site design but not lease agreements.
NEW BUSINESS There was no new business presented.
OLD EUSINESS Wilson stated there will be a workshop next Tuesday at 6 p.m. to
go over the public facilities section of the master plan.
Stevens stated that he had worked on a format to address some of
the issues. He stated that the appendix in the resource analysis
section should be reviewed.
Wilson explained that there will be a couple of Evergreen zone
changes for the August meeting.
ADJOURNMENT The next regular meeting will be August10, 1999 at 6 p.m. The
meeting was adjourned by motion at approximately 7:08 p.m.
Jean A. Johnson, President Tricia Laske, Recording Secretary
Approved as submitted/corrected: / /99
Kalispell City County Planning Board
Minutes of meeting July 13. 1999
Page 6 of 6
4 th
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3 r d Avenue East