Planning Board Minutes - August 14, 2012MINUTES OF REGULAR MEETING
AUGUST 14,2012 1
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were: Chad Graham, Rory Young, Phillip
Guiffirida, Richard Griffin, Ken Hannah and Charles Pesola. Bryan
Schutt was absent. Tom Jentz and Sean Conrad represented the
Kalispell Planning Department. There were 7 people in the
audience.
APPROVAL OF MINUTES
Guiff-rida moved and Young seconded a motion to approve the
minutes of the July 10, 2012 meeting of the Kalispell City Planning
Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak.
PRESTIGE ASSISTED
A request from Health Care Reit, Inc. for a conditional use permit
LIVING ADDITION -
to expand the existing Prestige Assisted Living facility and a city
CONDITIONAL USE PERMIT
initiated zone change to B-1 (Neighborhood Business) zone. The
& CITY INITIATED ZONE
expansion includes constructing a one-story addition approximately
CHANGE REQUEST
19,000 square feet which will include assisted living units and
memory care units, a common room and dining room. The property
is located at 125 Glenwood Drive, on the east side of the street
approximately 250 feet north of the intersection of Glenwood
Drive and Two Mile Drive.
STAFF REPORTS KCU 12-03
Sean Conrad, representing the City of Kalispell reviewed Staff
& KZC-12-01
Reports KCU-12-03 & KZC-12-01 for the board.
Conrad stated before the board is a conditional use permit request
to expand the Prestige Assisted Living facility and a city initiated
zone change. The property is located at 125 Glenwood Drive and
the property extends from Glenwood Drive east to Meridian Road
and is zoned both RA-1 (Residential Apartment) and B-1
(Neighborhood Business).
Conrad continued by reviewing an aerial photo of the project site
and noted the current facility has 44 units which accommodate 46
elderly residents. It is a two-story facility and approximately
35,000 square feet. The on -site parking is on the west and north
sides of the building with a dirt access road leading to Meridian
Road along the undeveloped land which is where the proposed
addition will be located. The addition will be a 19,000 square foot,
single -story structure' that will include 8 one bedroom units and 16
memory care units, a common area, dining room, landscaping with
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Minutes of the meeting of August 14, 2012
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an outdoor courtyard, as well as off-street parking to the north and
east of the facility.
Conrad reviewed the floor plan of the facility and noted that the
project will be reviewed by the Architectural Review Committee as
part of the building permit process.
Conrad noted there is an existing approach onto Glenwood Drive
on the north side of this property and an existing approach south of
the professional office that is immediately north. There have been
discussions between the 2 property owners regarding making that a
shared approach. In between these 2 approaches is a fence and the
owner of the office building has expressed concern that the fence
may impair site distance as vehicles enter and exit. Conrad, along
with another staff member went to the site and looked at the
separation between the edge of the fence and the curb of Glenwood
and it meets the city's setback requirements for clear vision
triangles. Therefore staff is not recommending a condition to
remove any portion of the fencing.
Staff recommends that the Kalispell Planning Board adopt Staff
Report KCU-12-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 8 conditions listed in the staff report.
Conrad noted the second part of this project is the city initiated
zone change. The properties currently have two zoning districts on
then-4 RA-1 (Residential/Apartment) on the west side of the
property and B-I (Neighborhood Business) on the east. Both zones
require a conditional use permit for residential care facilities. When
the property owners were first discussing an expansion there were
concerns that two zoning districts on their properties would cause
them difficulty in obtaining a use permit. Conrad said looking at
their properties and the surroundings properties to the north and
south, and in discussions with the property owner's representative,
the Planning Department initiated a zone change to rezone the RA-
1 portion to B-1. Conrad noted the properties to the north and south
are also zoned B-1, there is also B-2 which is a more intensive
commercial zoning district to the north and south. The growth
policy designates this area as urban mixed use which is compatible
with the B- I zoning.
Therefore staff also recommends that the Kalispell Planning Board
adopt Staff Report KZC-12-01 as findings of fact and recommend
to the Kalispell City Council that the western portion of the
property be rezoned to B- I (Neighborhood Business).
BOARD DISCUSSION Rory Young stated he owns property within 1000 feet of this
I potential development and he asked whether the board feels that
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would be a conflict of interest and if so he would step down. No
board member felt this would be a conflict of interest.
Hannah asked if zoning the property RA-1 would allow the
improvements and Conrad said the use would still be a conditional
use whether it is RA-1 or B-1. Staff took a look at the surrounding
zoning and land uses and the growth policy land use map and felt
that rezoning the entire property to B-1, given the existing assisted
living facility would be the more appropriate use.
Griffin asked if this would be a conditional use under a B-2
(General Business) zone and if so why wouldn't staff consider a B-
2 rather than B-1. Conrad said a residential care facility is also a
conditional use under the B-2 zone however they didn't consider
B-2 because the B-1 is a good buffer zone between residential and
the uses allowed in the B- I zone.
APPLICANT/TECHNICAL
No one wished to speak.
SUPPORT
PUBLIC HEARING
MaryAnn Chestnut, 115 Lambert Court stated Gateway Orchard
Villas to the west of this site is all residential. The two B-1 zones
on either side are grassy areas and if they can operate this facility
as RA-1 why would it have to be rezoned to B-1. They are
concerned about the impacts the addition to this facility will have
on the residential area and their property value. They do not want
the zone change.
MOTION — CONDITIONAL
Guiffrida moved and Hannah seconded a motion to adopt Staff
USE PERMIT
Report KZC-12-01 as findings of fact and recommend to the
Kalispell City Council that the western portion of the property be
rezoned to B-1 (Neighborhood Business).
BOARD DISCUSSION
Guiffrida asked if the green areas that are of concern are already
zoned B-1 and Conrad said yes. Guiffrida said although he
understands Ms. Chestnut's frustration those two areas are already
zoned B- I and even though they are being used as green space now
the property owners currently have the ability to commercially
develop that property at any time. He didn't think the zone change
would adversely affect the residential properties nearby.
ROLL CALL — ZONE
The motion passed unanimously on a roll call vote.
CHANGE
MOTION -CONDITIONAL
Guiffrida moved and Young seconded a motion to adopt Staff
USE PERMIT
Report KCU-12-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 8 conditions listed in the staff report.
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ILL, CALL - I The motion passed unanimously on a roll call vote.
CONDITIONAL USE PERMIT
ERIC DANIELS — A request from Eric Daniels to annex 4.6 acres of land and zone the
ANNEXATION & INITIAL land R-5 (Residential/Professional Office) upon annexation. The
ZONING REQUEST property is located on the west side of Highway 93 North, north of
West Reserve Drive and is developed with a single-family
residence addressed as 2710 Highway 93 North.
STAFF REPORT -12-03 I Sean Conrad, representing the City of Kalispell reviewed staff
report KA-12-03 for the board.
Conrad reported that this is an annexation and initial zoning request
of R-5 (residential/Professional Office) zoning. The property is
located on Highway 93 North approximately '/ mile past the
intersection of West Reserve and Highway 93 on the west side of
the highway across from Glacier Memorial Cemetery.
Conrad reviewed an aerial view of the property and noted the
location of the city's water and sewer mains in relation to this
property.
Several years ago the planning board and city council established
an annexation policy boundary to determine when an annexation
was appropriate. This property is within that boundary and they can
request direct annexation to the city. The cemetery directly across
from this property is not within the city limits but the Glacier Town
Center site is to the north of the cemetery and the Silverbrook
Subdivision is further north.
Conrad continued when staff looks at an annexation request the
city's growth policy/annexation policy requires staff to review the
following: Does the annexation comply with the growth policy; if
there are municipal services near the site; the distance from current
city limits; and the cost of services to the city if the property were
annexed. Conrad continued after reviewing the criteria staff s
conclusion was that the annexation was appropriate at this time
given its distance to the current city limits and reasonable because
city services are easily accessible to the property. The cost of
services to the city is negligible primarily because annexing this
property would not bring in any city streets and therefore there
wouldn't be any street maintenance costs.
Conrad noted the second part of an annexation request includes an
initial zoning of the property. The property owner is proposing to
turn the detached garage into a professional dental office and has
requested R-5 (Residential/Professional Office) zoning which
allows residential and non-residential uses. When staff looked at
the city's growth policy land use map it indicates this area as
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primarily single-family residential with a density not to exceed four
dwelling units per acre. Under staff s analysis the R-5 zone does
not meet the majority of the criteria that is established under the
suburban residential land use designation and is not compatible
with the character of the neighborhood. In addition staff also
concluded that the R-5 zoning doesn't encourage the most
appropriate use of the land because there are a number of zoning
districts with vacant lands that already permit a professional office
uses and there are a number of professional offices available to
rent.
Conrad noted the Glacier Town Center project came in as a
Planned Unit Development (PUD) which limited signage, included
design standards, and limited access onto Highway 93 North as
part of the approval for commercial zoning. By zoning this
property R-5 none of those standards would come into play. In
addition there would be the potential for additional residential or
professional uses along the highway where there is a lack of
control and long-range planning. Staffs conclusion is an R-5 zone
would be appropriate on this property in years to come when the
Glacier Town Center commercial site has developed thereby
changing the nature of this section of the highway and major
improvements to the highway with signalized intersections have
been installed.
Conrad compared the requested uses under R-5 with the staff
recommended R-2 uses and noted the R-2 complies with the
suburban residential land use designation, meets the policies under
that designation for maximum dwelling units per acre, and is
primarily a single-family residential zone. It also allows churches,
community centers, and residential care facilities under conditional
uses and provides for oversight with the CUP permit process.
Conrad reminded the board they recently recommended approval
of a conditional use permit to the north for an eating disorder clinic
which was annexed into the city with an R-2 zoning designation.
Conrad suggested for consistency of the land use designations on
this stretch of the highway staff is recommending the property be
zoned R-2.
Therefore staff recommends that the Kalispell Planning Board
adopt Staff Report KA-12-03 as findings of fact and recommend to
the Kalispell City Council that the property be annexed and the
initial zoning for this property upon annexation be R-2
(Residential).
BOARDISCUSSI N Hannah asked with R-5 zoning would the density be four or ten
units per acre and Conrad said under the R-5 there is a minimum
lot size of 6,000 square feet so only two units or a duplex could be
put on the property unless it was subdivided.
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Hannah asked if Sonju Industrial is just to the north of the subject
property and Conrad said yes.
Guifffida said in regards to MDT and established approaches,
which there are on this property, what is the historic background of
creating new approaches along highway corridors. Conrad said on
this section of Highway 93 North MDT is very strict with new
access points. In talking with MDT about this property if they were
to change the use from residential to another use they would have
to get a change of use for the existing access. However, MDT
would not allow putting in and establishing new access points
because they are trying to maintain the integrity of this section of
highway and keep traffic moving. Conrad added the R-5 zone is
not currently an appropriate zoning district given MDT's position
of requiring an approach permit for a change of use and not
allowing new approaches on this stretch of highway.
Jentz noted that MDT has been open to right -in, right -out
approaches only which means if you were coming from Whitefish
you could stop in but leaving traffic would have to turn right and
go south toward West Reserve Drive and find a place to turn
around to head north to Whitefish again. Glacier Town Center was
approved with the requirement that stoplights be added to their
approaches at a cost of $200,000 per intersection in order to
manage the traffic generated by the development.
Griffin stated there is a center lane on the highway now to
accommodate turns. He said staff stated they are trying to provide a
separation between residential and commercial and he noted the
river is a natural separation in his opinion, from the residential area
and whatever commercial applications might be taking place on the
highway. Jentz said this isn't a question of buffers but the request
is just bad timing. Jentz continued when you start scattering
intermittent uses along the highway you start creating impacts that
keep mounting up until you have an untenable situation and then
who would be able to step in to fix the highway? If the pattern is
set to allow R-5 uses were would it stop? Jentz added this type of
development begets the strip development that currently exists
along LaSalle to the Blue Moon and that creates an unsafe
thoroughfare until there is adequate infrastructure put in place.
Jentz noted this proposed use will not impact the traffic on this
highway but how does the city say no to the 2nd, 3rd) 4th, 5th - 8th
request? Jentz said the city's growth policy designates this site as
R-2 not R-5 and he added this is the struggle staff has with this
request.
Guiffrida said the R-5 designation is conflicting with the city's
currently approved growth policy, which is under review. He asked
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if state law would require the city to update the growth policy if
they wanted to proceed with R-5 and Jentz said they could come
back before the planning board with a growth policy amendment
and there is a fee and he added the board can approve a zone
change in conflict with the growth policy but the findings have to
be sound because they would be making a decision that conflicts
with state law.
Hannah said the recommendation is that the board follow the
established growth policy. Then he asked if Sonju Industrial
decided to expand their facility, according to Flathead County
requirements, would they have to request annexation and hook on
to city utilities. Jentz said Sonju has been working with the county.
They are a non -conforming industrial use and the county has
allowed them to expand. If they were to come into the city it would
probably be as a planned unit development with some design
features that allows them to expand in their current location as a
tech -research use. That is because the use is currently there - they
have a vested right - but there is no vested right for a dental office
that doesn't currently exist.
Graham asked when the Glacier Town Center develops would it be
more reasonable for this requested use at that time as a R-5 and
Jentz said at that time it could come in as commercial zoning.
Graham asked wouldn't it still be in violation of the growth policy
and Jentz said that would be the appropriate time for a review of
the growth policy to discuss what the changing characteristics are
in this area.
Graham said what, for example, if this property owner was willing
to put in the stoplight. Would the recommendation change and why
is it that the Glacier Town Center would set the precedent v. this
small business. Jentz said MDT would not allow the stoplight to be
installed at this time because they have to meet warrants such as
traffic accidents; deaths; traffic volume; conflicting turning
movements; and waiting traffic. This is a 65 mph highway with
16,000 vehicle trips per day and he asked is that a place to put a
professional office?
Further discussion was held.
APPLICANT/TECHNICAL Pat McGregor, 146 Arbour Drive in Kalispell said he is
SUPPORT representing Eric Daniels the applicant. McGregor said they think
the timing is already here. The zoning across the street is
commercial, developed or not and traffic will not increase by a
dental office that is open two days a week. McGregor added it
would not be their intent to mix any residential use with a
professional office and they would not request any additional
approaches because any development would use the existing
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McGregor said with professional office or residential the traffic
volume wouldn't be any different. The highway has 4 lanes with a
turn lane now. The golf course has a tremendous amount of traffic
and no stoplight, across from there is the vet clinic, Ponderosa
subdivision, and a commercial building with no stoplight and no
real history of traffic problems.
McGregor added their request was for R-5 and R-2 would be no
benefit to them and no tax benefit to the city. This is a prime
professional office location and they would not object to a planned
unit development for any future development.
Guiffrida asked McGregor if an R-2 zoning recommendation was
forwarded to the city council would they withdraw their application
for annexation and McGregor said absolutely. It would of no
benefit to them, whatsoever; to spend $10,000 for services they
already have on this site currently.
Young said the staff report indicates that the sewer needs
replacement immediately. Conrad added with a change of use from
residential to professional office the county environmental health
office would require they hook to city services since the main lines
are right along the property frontage.
Griffin said he would vote against staff s recommendation. He
doesn't see the justification for delay. If 3 teenagers lived in that
house the traffic would be worse than what a dental office would
generate. The property has some serious issues as far as
development is concerned and with the setbacks, etc., it will be
difficult to put any use on it. The property across the street is
commercial. This property could come into the city with very few
expenses and generate some capital as far as taxes are concerned.
Guiffrida suggested the item be tabled to a work session. He added
it is not a simple annexation, it is complicated and although he
doesn't want to hold the applicant up he thinks the applicant
understands that if they proceed with the staffs recommendation
they are done. It might be in the interest of the applicant to allow
them to bring this to a work session and go over it more in depth.
MOTION TO TABLE Guiffrida moved and Hannah seconded a motion to table the
Daniels annexation, Staff Report KA-12-03 to the next available
work session. (Recorder's Note: Work Session will be held
September 11, 2012)
ILL CALL I The motion to table the discussion passed on a roll call vote of 4 in
favor and 2 opposed.
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GREEN ACRES A request from Green Acres Cooperative, Inc. to annex 4.3 acres of
COOPERATIVE, INC. — land compromising the Green Acres Court mobile home park and
ANNEXATION & INITIAL zone the land R-4 (Residential) upon annexation. Green Acres
ZONING UEST Court includes 32 mobile homes and is located at 1721 South
Woodland Drive, on the east side of South Woodland Drive at the
northeast corner of the intersection of South Woodland Drive and
Haven Drive.
STAFF REPORT -12-02 I Sean Conrad, representing the City of Kalispell reviewed staff
report KA-12-02 for the board.
Conrad reported this is a petition for annexation for the Green
Acres Mobile Home Court. He reviewed the vicinity map of the
property which is located on South Woodland Drive on the corner
of South Woodland Drive and Haven Drive. Green Acres Court
was developed in the 1970's and it currently has 32 mobile home
units on the property. They have their own shared water system and
have several septic systems that are serving the mobile home units,
some of which are starting to fail.
There was a letter in the packet from Glen Gray of the Flathead
County Environmental Health Department that lays out the mobile
home court's options for sewage treatment one of which would be
to connect to a public system. Conrad noted city services are
readily available to this site along the South Woodland Drive right-
of-way.
Conrad continued with a review of the city's annexation policy
map and he noted this property is wholly surrounded by the City of
Kalispell. They would like to hook up to the city's sewer system
and in doing so they need to either annex into the city or have the
city council approve a waiver of right to protest annexation and
then allow for the hookup to occur.
Conrad noted when staff looks at a petition for annexation the
growth policy requires they review compliance with the growth
policy, whether municipal services are available, distance from the
city limits and costs of services. In looking at whether or not it
makes sense to annex this property immediately into the city,
staffs conclusion was no. That was based on the cost to the
taxpayers for street maintenance, park maintenance, police, fire,
and solid waste. The other thing that led them to the conclusion
that direct annexation is probably not appropriate at this time is
several years ago the city council directed planning staff to bring to
them areas that are wholly surrounded by the city for the council to
consider whether to annex those areas directly. At that time council
decided not to forcibly annex the properties in this area and instead
consider annexation requests on a case -by -case basis.
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Conrad reviewed a map that indicated out of the 255 parcels in this
wholly surrounded area, which is outside the city limits,
approximately half are currently receiving city water, sewer or
both. Some have waivers some do not. In addition, if they can get
additional waivers a time will come when there are more properties
in this area that are receiving city services than not and it will be an
appropriate time to annex this entire area all at once.
Staff recommends that the Kalispell Planning Board adopt Staff
Report KA-12-02 as findings of fact and recommend to the
Kalispell City Council that the Green Acres Court Cooperative's
waiver of right to protest annexation request be accepted.
BOARD ISCUSSI N Griffin said he is concerned about giving these property owners
access to sewer and water because then there would be no incentive
to ever be a part of the City of Kalispell. The services that will be
provided to them for police and roads will still be provided to them
by the county. Griffin said he is wondering if the city is leaving
anything on the table by just allowing everyone in the
neighborhood to hook up to water and sewer and Conrad said a lot
of the city services are already being provided to these residents by
default because they are surrounded by the city. By allowing them
to hook up to the city sewer or water they will pay the impact fees
and a monthly service charge.
Conrad stated Andy Hyde who works with Carver Engineering is
working with Green Acres Court and they looked at the feasibility
of hooking up to city sewer, what is the cost, what is the
infrastructure involved and what is the feasibility of purchasing
portions or one of the lots immediately east of the mobile home
court and putting one consolidated septic system on that property
for the whole 32 units. Hyde ran the numbers and indicated it
would be a slight benefit for the mobile home court to hook up to
city sewer even though it might cost a little more at the beginning
but a lot of that infrastructure and maintenance would be in place
and by paying a monthly fee they wouldn't have to worry about
trying to maintain their own private system in the future.
There was discussion regarding easements and line locations in the
vicinity.
Hannah asked how all the property owners who have not signed a
waiver of right to protest annexation were provided city services.
Conrad said it was a policy shift by the city. Prior to that they were
not required to sign a waiver or annex into the city and they still
could get city services. Jentz said that was 30 or more years ago
when the line was extended and the property owners were invited
to hook on to the utilities with no requirements.
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Hannah asked if the annexation was approved would everyone in
the park be required to connect and Conrad said no, they would
not. In this case they are coming to the city for sewer because their
systems are antiquated and they can't replace the systems on the
amount of property that they currently have.
Graham said staff noted that annexation wasn't the best way to go
because of the cost of services analysis and Conrad said yes and
based on our model Conrad didn't think that the cost of services
would ever pencil out as a financial benefit to the city. Jentz said
this is a case study of why you don't do rural subdivisions right
next to a city because eventually the city grows around it and 20 -
30 years later you are trying to fit a county development into the
fabric of the city and it doesn't work.
Griffin said this is an anomaly because it was a mobile home park
and now people own their own spaces. If they come into the city,
Griffin asked, are there going to be other things that they will be
required to do under city ordinances for instance there is only one
ingress and one egress for 10 units. Jentz said yes their tax rate, for
the small amount of land they have, will go up; they can't shoot off
fireworks; and are prevented from open burning. However, the city
won't require sidewalks, curb or gutter, hydrants, or upgrades to
their streets. In addition the building codes do not apply to mobile
homes so they would be brought in as they are.
APPLICANT/TEC NICIAL
Lorie Cahill, President of the Board of Green Acres Court
SUPPORT
Cooperative, LLC, #16 - 1721 South Woodland Drive stated this is
a need for them. Their septic system is failing and most of them are
low income individuals and it is the best option that they have.
They do not disagree with the city's findings.
PUBLIC HEARING
No one else wished to speak and the public hearing was closed.
MOTION
Guiffrida moved and Hannah seconded a motion to adopt Staff
Report KA-12-02 as findings of fact and recommend to the
Kalispell City Council that the Green Acres Court Cooperative's
waiver of right to protest annexation request be accepted.
BOARD DISCUSSION
Guiffrida said he supports the recommendation because he thinks
the waiver of right to protest annexation is the right way to go. He
understands that the cost of services may never pencil out but the
ability of having waivers on file and additional waivers in the
future and it will take a bite out of the cost of services and make it
easier for the city financially.
Griffin said he is hesitant because there is a building group of
waiver folks out there that are not going to be part of the city if
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they can prevent it and the city doesn't have any plan to annex the
properties down the road.
Graham asked if the waiver has a I 0-year timeframe and Jentz said
it doesn't expire. Conrad noted an annexation district has a I 0-year
timeframe but not a waiver.
Jentz added the waiver puts the property owner on notice that
annexation could happen at any time.
ROLL CALL
The motion was approved unanimously on a roll call vote.
OLD BUSINESS:
None.
NEW BUSINESS:
Jentz reported there is a chamber luncheon August 28th at the Red
Lion where CTA will be making a presentation on the CORE Area
Plan. There will also be community meetings held for input that
night and the next day at the city council chambers. The board will
be receiving a newsletter regarding these presentations soon.
ADJOURNMENT
The meeting adjourned at approximately 7:35 p.m.
WORK SESSION
No work session was held.
NEXT MEETING
The regular meeting scheduled for September 11, 2012 has been
cancelled due to a lack of applications. There will be a work
session September 11, 2012 beginning at 7:00 p.m. in the City of
Kalispell Council Chambers located at 201 1st Avenue East in
Kalispell. The agenda will include the Eric Daniels Annexation
and Initial Zoning that was tabled as noted above.
Chad Graham
President
APPROVED as submitted/corrected: 1 /12
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of August 14, 2012
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