07. Ordinance 1298 - Pine Zone Change - 1st ReadingORDINANCE NO. 1298
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A -(PREVIOUSLY ZONED
CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT) TO RA-3 (RESIDENTIAL
APARTMENT/OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY Y2,-STER FLAN,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Stanley W. Pine, the owner of property described
above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be
changed to RA-3, Residential Apartment/Office, and
WHEREAS, the property as described exists as property
surrounded to the North by Residential, R-3 classification, to the
East by Residential, R-3 classification, to the South by vacant,
common area and retail/commercial/office uses within the Buffalo
Commons PUD zone, and to the West by Single family residential, R-3
classification, and
WHEREAS, the petition of Stanley W. Pine was the subject of a
report compiled by the Flathead Regional Development Office, #KZC-
98-4, dated November 2, 1998, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned RA-3, Residential
Apartment/Office, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the property as described
be zoned RA-3, Residential Apartment/Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described RA-3, Residential
Apartment/Office, the City Council adopts, based upon the criterion
set forth in Section 76-3-608, M.C.A., and State. Etc. v. Board of
County Commissioners, Etc. 590 P2d 602, the findings of fact of
FRDO as set forth in Report No. KZC-98-4.
K:\wp\ord\pinezc.wpd 1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, •of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the property described in
Exhibit "A", as RA-3, Residential Apartment/Office.
SECTION II. The balance of Section 27.02.010, Official
Zoning Map, City of Kalispell Zoning Ordinance not
amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 21ST DAY OF DECEMBER, 1998.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
B:\wp\ord\Pinezc.wpd 2
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
November 25, 1998
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Stanley Pine Zone Change Request from RA-1 to RA-3
Dear Glen:
The Kalispell City -County Planning Board met on November 10, 1998, and held a public
hearing to consider a request by Stanley Pine for a zone change from RA-1 Low Density
Residential, to R�k-3 Residential Apartment/Office on property located on the corner of
Indian Trail and US Highway 93 in Kalispell. This would allow the owner to develop the
property with a medical clinic. The area proposed for rezoning contains approximately
13,738 square feet.
Steve Kountz of the Flathead Regional Development Office evaluated the proposal based
upon the statutory criteria and recommended approval of the requested zone change.
At the public hearing, the property owner and Bruce Lutz of Sitescape Associates spoke in
favor of the zone change. Nine neighbors living in Parkview Terrace spoke in opposition to
the zone change. They cited concerns about the unsafe intersection turning onto Indian
Trail Road, the small size of the lot, and the change of character in the neighborhood from
residential to commercial.
The Planning Board discussed the public testimony. Board member Stevens and Bahr
stated that a small medical clinic would have less of an impact than a residential 4-plex. A
motion was made and seconded to adopt staff report #KZC-98-4 as findings of fact and
forward a recommendation to approve the zone change from RA-1 to RA-3. The motion
passed on a vote of six in favor and none opposed.
Please place this matter on the agenda for the December 21, 1998 regular City Council
meeting. Please contact this board or Steve Kountz at the Flathead Regional Development
Office if you have any questions regarding this matter.
Sincerely,
Kalispell City -County Planning Board
Milt Carlson
Vice President
MC/SK/sm
Providing Community Planning Assistance To:
Glen Neier
Re: Stanley Pine Zone Change
November 25, 1998
Page 2 of 2
Attachments: RDO Report #KZC-98-3 w/application materials
Draft minutes of 11/10/98 Planning Board meeting
Exhibit A (legal description)
c: w/Att: Theresa White, Kalispell City Clerk
c: w/o Att: Stanley Pine, 22 2nd Avenue West, Kalispell, MT 59901
Bruce Lutz, Sitescape Assocs., PO Box 1417, Columbia Falls MT 59912
H: \ ... \ TRANSMIT\ KAUSPEL \ 1998 \ Kzc98-4
nity Pwrorw
Kalispell, Mt
We live at 261 Fwview Dr., Kallslxql, Montam We have reskled at V* address skice
April of 1979. We are for te rezoning of 11-e lot at ftv ?jnction of US Kghvmy 93 WW
Indian Trail. We are for this rezoning fbr Uv bkwing reasons;
1) the construcbon o( a medical at Ns loc� vA be a business OW
compliments Vv adocert area at Buffalo C4ffvnons.
2) we prefer no additional muft-und residerms in ff* am&
3) =-rsb� a( residences Mat dose to the h4wovy would pmba* be
unaftmctNe because of ft highway noim
Sime",
Randall L Brooks
Diane M. Brooks
261 Farview Dr.
Kalispell, Mt 59W1
We, the undersigned property owners in the impacted area, oppose changing the zoning of the
property at the corner of Indian Trail and Hwy 93 from R-1 low Density Residential to R-3
Apartment/Commercial.
This zoning change consideration is in direct conflict with the covenants and nature of the
residential community established in 196&
We believe that this zoning change would be detrimental in the following ways:
1. Covenants maintained since 1 W bounding the proposed area on three sides reflect the
desire of the community to be residential. In 1997. Northwest Healthcare endorsed these
values by providing a green space buffer on the Northwest comer in their own plans for the
Buffalo Commons development.
2. This change will decrease property vak;es for established home owners.
3. Traffic access to the property from Ffg way 93-would imperil motorists, since it would be
abrupt, and unsafe. This is due to I* downhill grade, and the highway speeds combthed with
winter driving conditions on Hwy 93. The heavily battered reinforced concrete and steel posts
on the median of Indian Trail is a mute testimony to the danger of traffic making a right turn
from Hwy 93 during the winter. Without that median, we would have lost many lives and
suffered much more property damage to motorists and homeowners.
4. Traffic access to the property from Indian Trail would imperil the children of the neighborhood
by increasing the traffic or forcing illega U-tums. The median in the center of Indian trail would
force traffic through the neighborhood by forcing a right hand turn. Motorists would either travel
through the neighborhood's winding roads past a park used by many children or execute an
illegal U-tum at the intersection of Indian Trail and Rising Sun Circle. Since this intersection is
about 20' west of the crest of a steep hl, everyone, inducting motorists, pedestrians and
property owners, is imperiled. RemovtV the median is not an option, since it has saved many
Wes by protecting people entering the highway in the winter from people who are attempting to
make the right turn to Indian Trail at highway speeds on a downhill_c rade and under icy
conditions.
5. long wheel base service vehicles such as trash collection or fire protection services would
have a difficult time safely accessing the property due to medians on Indian Trail and the
conditions of Hwy 93.
6. There is no room for parking for a six unit apartment complex or commercial facility. If the land
is strictly apartment structure and parking lots, what will chldren do that move into the f6clity.
Play baseball in the parking lot next to Hwy 93? This is unsafe for motorists and for the kids. It
is the wrong thing to do.
This property has been listed for sale for the Last 16 months. No one, including the Northwest has
been interested in buying it for terms proposed as either single family or duplex. Maybe the solution
to everyone's problem is that the city to zone ft as park, buy the Land, and incorporate it with
greenspace so generously provided by Northwest.
We require that you, the zoning board, reject this proposal of rezoning this property. It is dearly the
wrong thing to do
A PETITION OPPOSING THE ZONING CHANGE PROPOSAL PAGE 2
11 /5
Shawn and Beverty Montgomery - 101 Indian TraW 406-257-3616
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STANLEY PINE
FLATHEAD REGIONAL DEVELOPMENT OFFICE
ZONE CHANGE REPORT #KZC-984
NOVEMBER 2,1998
A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding
a zone change request from RA-1 to RA-3. A public hearing -has been scheduled before the
planning board for November, 10, 1998 beginning at 6:00 PM in the City Hall Council
Chambers. The planning board will forward a recommendation to the city council for final
action.
BACKGROUND INFORMATION
A. Petitioner:
Technical Assistance:
Stanley W. Pine
22 Od Av. W., 2200
Kalispell, MT 59903
Sitescape Associates
P.O. Box 1417
Columbia Falls, MT 59912
B. Size and location: The parcel proposed for rezoning is 13,738 square feet (0.315
acres) in size. The parcel is located at the southeast comer of Indian Trail Rd. and
Highway 93 North. A legal description of the property is attached in Exhibit A.
C. Existing zoning: The existing zoning is RA-1 Low Density Residential Apartment,
which requires a minimum lot size of 6,000 square feet for a duplex and 3,000 square
feet per additional dwelling unit. RA-1 zoning would allow up to a four-plex as a
conditional use on the site.
D. Proposed Zoning: The proposed zoning is RA-3 Residential Apartment / Office.
The amendment would allow the site to be used for clinics, professional or
governmental offices, or pharmacies as permitted uses, which are not allowed in the
RA-1 district. The amendment would also change the minimum lot area to 7,000
square feet for a duplex and 1,500 square feet per each additional dwelling unit, thus
allowing up to a six-piex on the lot.
E. Existing Land Use: The site is vacant.
F. Adjacent Land Uses and Zoning:
The site is along the boundary between a commercial and a residential area. The site
abuts a built -out single family neighborhood to the north, east, and across the
highway, but the property is also situated at the north end of the medical/office
complex surrounding the hospital. The land south of the site along the highway was
recently subdivided and zoned to allow retail, offices, and other commercial uses
within the Buffalo Commons PUD.
North: Indian Trail Rd., single family houses, R-3 zoning
East: Single family houses, R-3 zoning
South: vacant, common area and retail/commercial/office uses within Buffalo
Commons PUD zone
West: Highway 93, single family houses, R-3 zoning
G. Utilities and Public Services:
Sewer.
City of Kalispell
Water.
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Light
Telephone:
Centurytel
Schools:
School District #5
Fire:
City of Kalispell
Police:
City of Kalispell
H. Relation to zoning requirements:
The site would comply with the lot size and lot width requirements of RA-3 zoning.
The parcel is undeveloped, so the land use, setback, and height requirements of RA-
3 zoning are also met.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303 and 76-2-305,
M.C.A. The application is evaluated in accordance with the zoning criteria described by 76-
3-304, M.C.A.
Does the requested zone comply with the Master Plan?
The site is designated as "urban residential' land on the master plan map, which
generally anticipates a lower density than is allowed under residential apartment
zoning. This site, however, already has RA-1 zoning; and the highway frontage south
of the site, which is also designated as "urban residential" land on the plan map, was
rezoned to allow retail, offices, and other commercial uses within the Buffalo
Commons PUD. The master plan, adopted in 1986, is in the process of being
updated. The current draft of the plan update anticipates the addition of small areas
of multi -family housing and neighborhood business districts within urban residential
areas. The draft plan also designates the mixed -use hospital complex south of the
site as one of the priority growth centers in the community, and the office uses
allowed by RA-3 zoning would provide for gradual expansion of this medical/office
complex
2. Is the requested zone designed to lessen congestion in the streets?
Access to the property is suitable for RA-1 or RA-3 zoning. The intersection of Indian
Trail Rd. and Highway 93 has no traffic light and, as a result, already experiences
occasional congestion during peak periods, particularly in turning left onto the
highway where sight distance is limited by the crest of the hill. The proposed rezoning
would provide for a minor to moderate increase in traffic generation onto that
intersection, depending on the eventual land use. This intersection is already a
primary access point for Parkview Terrace, a relatively large residential subdivision.
The site would have access onto Indian Trail Rd., which is preferable and would
contribute less to highway congestion than an individual driveway approach onto the
highway. The lot frontage on Indian Trail Rd. is wide enough that an approach can
be installed to allow left turns onto the street without modifying the streefs existing
landscape median. The Buffalo Commons development to the south has more
suitable commercial access than this site, via a secondary commercial street system
-and a highway intersection controlled by a traffic light.
3. Will the requested zone secure safety 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.
No unusual impacts of the rezoning on public safety or emergency services are
anticipated. New construction will be required to comply with the Uniform Fire Code
and the appr►cable building codes.
4. Will the requested change promote the health and general welfare?
The rezoning would provide for gradual expansion of the medical/office complex
surrounding the highway. The change from RA-1 to RA-3 would be a relatively minor
increase in land use intensity. The site is generally suitable for development under
either RA-1 or RA-3 zoning, and the available infrastructure and public services are
generally adequate to accommodate such development. No significant impacts on
public health are anticipated.
5. Will the requested zone provide for adequate light and air?
No significant impact is anticipated. The RA-1 and RA-3 districts have comparable
building height and setback requirements which provide for light and air between
buildings.
6. Will the requested zone prevent the overcrowding of land or undue concentration of
people?
The rezoning would provide for gradual expansion of the medicalloffice complex
surrounding the highway. The change from RA-1 to RA-3 would be a relatively minor
increase in land use intensity. The site is generally suitable for development under
either RA-1 or RA-3 zoning, and the available infrastructure and public services are
generally adequate to accommodate such development.
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 suitable street access. The change
from RA-1 to RA-3 would be a relatively minor increase in land use intensity. The
available infrastructure and public services are generally adequate to accommodate
development under either RA-1 or RA-3 zoning.
8. Does the requested zone give consideration to the particular suitability of the property
for particular uses?
The site is generally suitable for development under either RA-1 or RA-3 zoning. No
significant environmental constraints are apparent on the site. RA-3 zoning would
allow the development option of li nied commercial uses, which would be less
affected by highway noise.
9. Does the requested zone give reasonable consideration to the character of the
district?
The site is along the boundary between a growing medical office complex and a built -
out single family residential area. The rezoning would be inconsistent with the
adjacent single family neighborhood to the north, east, and across the highway. On
the other hand, the change in land use intensity between RA-1 and RA-3 is relatively
minor, and the offices uses allowed under RA-3 are generally considered compatible
in multifamily residential areas. The rezoning would be consistent with the land use
pattem set by the recently approved Buffalo Commons Subdivision, which locates
retail, offices, and other commercial uses along the highway on land just south of the
site. The Buffalo Commons Subdivision does include a 100-€oot wide open space
buffer area along its north boundary abutting the subject site, which would
substantially mitigate potential impacts on future residential use of this site. A notice
of public hearing was mailed to property owners within 150 feet of the subject
property approximately 15 days prior to the hearing. No comments from neighbors
have been received as of this writing.
10. Will the proposed zone conserve the value of buildings?
No significant impact on property values is anticipated. As noted above, the rezoning
would be inconsistent with the adjacent single family neighborhood; but the change in
land use intensity between RA-1 and RA-3 is relatively minor, and the offices uses
allowed under RA-3 are generally considered compatible in multifamily residential
areas.
4
11. Will the requested zone encourage the most aQorogdate use of the land throughout
the iudsdiction?
As noted above, the rezoning would be inconsistent with the map designation of
"urban residential" on the existing master plan map, but it would be substantially
consistent with the current draft of the plan update and with the land use pattern set
by the recently approved Buffalo Commons subdivision just south of the site. As
measures to control suburban sprawl, the draft plan anticipates the add -lion of small
areas of multifamily housing and neighborhood business districts within urban
residential neighborhoods, and the draft plan also designates the mixed -use hospital
complex south of the site as one of the priority growth centers in the community. The
office uses allowed by RA-3 zoning would provide for gradual expansion of this
medical/office complex.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board and Zoning Commission
adopt FRDO staff report #KZC-98-4 as findings of fact and recommend approval of the
requested zone change from RA-1 to RA-3.
H:�.AKZC198\KZC98-4
Exhibit 8
Stanley W. Pine Zone Change
A tract of land situated, lying, and being in the East Half of the Northeast Quarter (E1/2,
NE1/4) of Section One, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana and more particularly described as follows:
Commencing at the East Quarter comer of Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana; thence
North 1 °39' East along the East boundary line of Section 1 a distance of 1361.81 feet to a
found monumented comer, said point being the Southeast comer of Government Lot 1,
Section 1, and also being the True Point of Beginning; thence
North 1 °39' East along the East boundary line of Section 1 a distance of 113.38 feet to a
found monumented comer, said point Ming on the Southerly right-of-way boundary line of
Indian Trail Road; thence along said Southerly boundary line of Indian Trail Road the
following two courses:
South 59050' West a distance of 20.00 feet to a found monumented comer, and South
89050' West a distance of 116.27 feet to a found monumented comer, said point being on
the Easterly right-of-way boundary of U.S. Highway No. 93; thence
South 00023'17" West along said Easterly right-of-way boundary a distance of 103.33 feet
to a set rebar; thence
North 890 50' East a distance of 131.00 feet to the Point of Beginning.
Subject Parcel, Certificate of Survey No. 5699.
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STANLEY". W. PINE
ZONE CHANGE REQUEST FROM RA-1,
LOW DENSITY RESIDENTIAL APARTMENT, TO RA-31
RESIDENTIAL APARTMENT/OFFICE
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KALISPE4 ZONING DISTRICT
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June 8,1998
To: Kalispell Planning Board and the Kalispell City Council
Attn: Steve Kountz
Regarding: Zone Change R guest, KA-1 to RA-3, Pine Property
Corner of Indian Trail and U.S. 93
Tract 20CD, Section 'L T28N, R22W, Flathead County
Kalispell, Montana
Dear Board and Council Members:
On behalf of Stan Pine, we respcctfully submit the attached request for a zone
change for the above -mentioned property. The owner requests a change from the
existing RA-1 zone to an RA-3 zone. In 1995, this property was granted a conditional
use permit to allow for an attached four unit residential development. Current market
trends suggest that the lot is more viable as a professional or medical office use
combined with a residential use. In ✓his case it would be typical for the office use to
occupy the walk-in level and the top floor to accommodate a single residence. We feel
that this proposed use and zone is compatible with the mixed -use trend of
development supported by the recent approval and development of adjacent Buffalo
Commons and proposed updates to the Kalispell Area Master Plan.
Thank you for your attention. Please feel free to contact me if you have any questions
regarding this application.
Sincerely,
Bruce F. Lutz A.S.
Member of the American society of Landxape Arrliiteete
Flathead Regional Develo Ot' M
723 Sth Avenue, East, Room 414
Kalispell, Montana 59901
Phone:(406) 756"930 Fax:(406)7S8-S7$1
PETITION FOR ZONING AMENDMENT
KALISPELL ZONING JURISDICTION
1. NAME OF APPLICANT.- Stanley W. Pine
2 MAIL ADDRESS: 22 2nd Avenue West, Suite 2200
3. CITY/STATEJZ/P. Kalispell, Montana 59903 PHONE.- 755-7395
4. INTEREST IN PROPERTY.- Owner
5. ZONING MAP AMENDMENT- RA-1 to RA-3 ZONING TEXT AMENDMENT. NA
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
A What is the proposed zoning text amendment?
NA
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property.
B. Legal Description.
Comer of Indian Trail Rd. and U.S. 93, no address established
Tract 2DCD
(Lot and Block of SubdMsion. Tract #1)
NE 1/4 of Section 1, T28N, R221N. See Attached
(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.
RA-1, Kalispell City Zone
RA-3, Kalispell City Zone
E. State the changed or changing conditions that make the proposed amendment necessary.
The applicant requests that the Planning Board and City Council consider the zone change to
allow for a mixed use building accomodating a medical clinic and(or) professional office on the
ground level and a single residence on the second level of a proposed structure on the property.
This combination of uses is permitted in the RA-3 District-
HOW WILL THE PROPOSED CHANGE ACCOMPUSH THE INTENT AND PURPOSE OF:
A Promoting the Master Plan: The master plan indicates the area is in transition from urban
residential to high density residential. The applicant requests a RA-3 Zone which vn'll allow for
RMential and Professional Office and/or Medical Clinic. The adjacent Buffalo Common
Development is a mixed -use PUD with cosfnmercial, residential and office uses. The requested
zone change will be compatible with development trends in the vicinity.
B. Lessening congestion in Me streets and prvv>dng safe access. -
The proposed zone change may generate slightly more traffic during business hours but much less
traffic during evening hours and weekends. This is in comparison to the approved use of this lot
for a conditional use of four attached housing units in 1995.
- C. Promofing safety from fire, panic and other dangers.
No change from RA-1
D. Promoting the public interest, health, coml ort, convenience, safety and general welfare:
No change from RA-1
E. Preventing the overcrowding of land:
The requested zone change will have the effect of slightly increases use during working
hours and greatly decreases use during evening and weekend hours.
F. Avoiding undue concentration of population:
See above.
G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other
public facilities:
Slight decrease or equal impact compared to current zone. The impact to schools
would probably be much less compared to the approved conditional use under RA-1 for
the property.
2
H. Giving reasonable consider� to the wader of the district:
The land use transition occurirg adjacent and to the south of this property suggests that the
trend towards mixed use is appropriate in this area.
L Giving consideration to the particular sofa bOy of the property for parfcular uses:
The subject property is in an excellent lotion to take advantage of the permitted uses
allowed in the RA-3 zoning dis;trkl.
J. Protecting and conserving the value of b .
The change from RA-1 to RA-3 should not cause any measurable degradation to the values
of any surrounding structures or development. -
K Encouraging the most appropriate use of lard by assuring orderly growth.
The compatibility of the proposed zone with development trends to the south and with the current
development and transitions occuring in residential and institutional development to the north east
and west, the subject property should be a good fit within the neighborhood as an RA-3 infill.
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.
Applicant
3
12-Oct-98
Date
planning and that the Planning Board supports the easement.
Johnson second. On a roll call vote; Heinecke, Bahr, Stevens,
Johnson, and Hines voted aye; Carlson abstained. The motion to
approve Staff Report FCE-98-5 passed on a 5-0 vote.
PISK Carlson introduced a request by Greg Pisk for a proposed 97 acre
CONSERVATION conservation easement located along Foys :.ake R,)a'. .d Lakeshore
EASEMENT Drive west of Kalispell.
Staff Report Kountz presented Staff Report FCE-98-6 stating the conservation
easement would be for approximately 97 acres located along Foys
Lake Road and Lakeshore Drive, surrounding and including Lower
Foys Lake. Kountz said staff recommended that the Board find the
easement would further the goals of the Kalispell City -County Master
Plan and endorse the easement.
Discussion and Kountz said a letter from received from James Hansz addressed
Recommendation potential conflicts or inconsistencies in the easement itself, not the
master plan. Heinecke asked if the easement were adopted whether it
would go to the City Council. Kountz said no, only the Planning
Board will look at it and make a recommendation on whether it
complies with r-he master plan. Kountz said editing changes within
the easement will, be made by Montana Land Reliance.
Motion Bahr moved that the easement would further the goals of the Kalispell
City -County Master Plan and that the board authorize the Planning
Director to act on the Board's behalf by stating to the Montana Land
Reliance that the conservation easement will further the goals of long
range planning and that the Planning Board supports the easement.
Heinecke seconded the motion. On a roll call vote; Carlson, Garberg,
Heinecke, Bahr, Stevens, Johnson and Hines voted ave. The motion
passed on a vote of 6-0.
Mr. Carlson requested that the Board allow item #3 of the public
hearing be moved to item # 1 as per a request by Mr. Pine. There was
no opposition.
PINE ZONE CHANGE The first public hearing was introduced by Carlson on a request by
Stanley W. Pine for a zone change on 0.315 acres from RA-1 Low
Density Residential Apartment to RA-3, Residential Apartment Office
on property located at the corner of Indian Trail Road and U.S.
Highway 93 in Kalispell.
Staff Report Kountz gave a detailed presentation of Staff Report #KZC-98-4. Staff
recommended that the requested zone change from RA-1 to RA-3 be
approved.
Public Hearing:
Proponents Stan Pine spoke in favor of the project, saying he had been contacted
by a doctor who wants to put a medical clinic on the property. Pine
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said the changes between RA-1 and RA-3 were minimal, and the
property was not part of hospital property. Pine said a medical clinic
would be less of an impact than a 4-plex. Pine said the hospital had
no objections to a medical clinic, there is a need for one.
Pine read a letter in favor of the zone change from Randall and Diane
Brooks of 261 Fairview Drive.
Bruce Lutz, landscape architect, spoke in favor saying they were
requesting a small single -practice clinic on the site which would be
1800 sq. ft., with 12-13 parking spaces. Lutz said the lot is 13,000
sq. ft. and that only 6,470 sq. feet would be developed, the rest would
be landscaped. Lutz said the property was adjacent to the hospital
PUD, but the project was not in Parkview Terrace. Lutz said the use
may generate more traffic but in the evenings, on holidays and
weekends the clinic would create less of impact than a residential
project.
Opposition Beverly ?Montgomery, 1 I 1 Indian Trail Road, spoke against the project
stating the increased traffic does affect her. Montgomery said she
also had concerns with multi -family uses in the neighborhood, access
from Hwy. 93 and the speed from turning off the highway.
Montgomery said a commercial is inconsistent with the neighborhood.
Shawn Montgomery, 111 Indian Trail, said he was a neighbor on the
east side of the proposed project. Montgomery read a petition signed
by 1 I people opposed to the project; and asked that the Board deny
the request. Montgomery also referred to Condition 1 of the staff
report saying it was not in keeping with covenants of the subdivision;
he also submitted photos of the median and traffic hitting the posts
due to the speed coming off the highway and making a right turn.
Dean Potter, 113 Indian Trail, spoke in opposition saying the lot was
too small except for a single family home and that the traffic speed
was too fast. He said the previous zone change should not have been
allowed.
Dave Logan, 119 Indian Trail, said he was representing the
architectural committee. He said the traffic speed was too fast. He
asked how the traffic would get onto Indian Trail without making a
right turn. he said a light was needed at this intersection. He had
concerns regarding the lot size, and that a 4-plex and single-family
would encroach into Buffalo Commons; that the original intent of
Parkview was single-family residences. Logan said the project would
diminish his property value. Logan said Board had ignored the
residents in the past and would like to rebut the Board's discussion.
Dixie Smith, Rising Sun Circle, said she lived across the street from
the property and that the traffic was dangerous coming onto Indian
Trail. Smith said she would not mind seeing a residence across from
her, but not a commercial establishment.
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Chuck Spagel, 57 Rising Sun Circle, said he has seen accidents
happen by the meridian and that traffic lights would keep him from
getting out on the highway.
.Angel Sotto, 201 Indian Trail Road, said she feels this is not the right
use for the area.
Carolyn Brise, 107 Indian Trail Road, concurs with what everyone -
else had said regarding the zone change.
Board Discussion Stevens asked Pines if this was 1,800 sq. ft. Pines said it would be
about 1,800-2,000 sq. ft., less than a 4-plex. Stevens asked if he had
any rebuttal to the opposition . Pines said he understood their
concerns but the zone change was not commercial; he said it would
be a minimal change and that a small medical complex would have
less impact than a 4-plex. Pine said access will be from Indian Trail
through Parkview Terrace. Pine also said he had offered the property
afford
to the hospital but the hospital turned it down; he could not to
keep the property as it is.
Johnson asked if it was part of Parkview Terrace. Pines said no, the
property had never been part of the subdivision.
Heinecke asked about the highway access onto Indian Trail. Pine
said access was onto a county easement onto Indian Trail. Heinecke
asked about the PUD in an RA-1 zone. Pines said staff recommended
going to RA-3 because it did allow for a medical clinic. Kountz said
clinics are a permitted use in an RA-1 zone if adjacent to a hospital.
Johnson asked Lutz about the setbacks. Lutz said the setbacks
would be driveway or landscaping.
Stevens said it reminded him of O'Neil's property and the fear of
commercial being close and that commercial is sometimes less
intrusive. Steven said a small clinic would be better than a 4-plex and
that the traffic would increase anyway.
Johnson asked Logan of the architectural committee if he was
speaking for the whole committee. Logan said he was speaking for
himself and his wife. Logan said he wanted someone to represent
them other than the developer or builders and that the Board had
always gone with developer.
Carlson said the traffic had always been a problem, but the Board
could not do anything; he said City Council may realize how
dangerous it is.
Johnson said it was not the function of zoning to handle traffic but
that it was a City Council duty. He said no matter what was built
there, the exit would also be there. He also said the project would
have to go through site review, and that would be hard.
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Bahr said he lives in Northridge which has medical offices, and the
residences cause more traffic. Bahr also said the lot is unique and is
not suitable for residence; the clinic would be it's best use and would
be less obtrusive than a 4-plex or medical office.
Motion Bahr moved to adopt staff report KZC-98-4 as findings of fact and
recommend approval of the zone change from RA-1 to RA-3;
Johnson second the motion. On a roll call vote Carlson, Heinecke,
Bahr, Stevens, Johnson, and Hines voted aye. The motion passed on
a 6-0 vote.
CRA-LON The second public hearing was introduced by Carlson on a request by
ANNEXATION & Cra-Lon Corporation for initial zoning of RA-1, Low Density
ZONING Residential Apartment, upon annexation of approximately one acre
located at 440 College Avenue east of Kalispell.
Johnson excused himself due to a conflict of interest.
Staff Report Kountz gave a detailed overview of Staff Report #KA-98-6. Kountz
said a 4-lot subdivision was also being proposed, with a 3-plex on one
lot and a 4-plex on the other, which will go to City Council. Staff
recommended approval and that the City Council adopt RA-1 on Lot 3
and the proposed subdivision and R-3 on Lot 4. Kountz said the
applicant had no objection to the compromise in the zoning request.
Kountz also said two letters in opposition were received.
Public Hearing:
Proponents Paul Stokes, representing the applicant, spoke in favor of the project
and said he had no problem with the staff report and recommended
conditions.
Opposition Lolla Pauli, 404 Sylvan Drive, stated her opposition to the zoning.
Flovd Pauli, 404 Svlvan Drive, said there was water on part of the
property- and that if it's filled the bank on the north would get small.
He stated the property was not large enough for the project.
Thomas Marks, 401 Sylvan Drive, spoke in opposition. He submitted
letters from the Johnsons', at 504 Sylvan Drive, stating their
opposition. He read letters from Diane Lamers, 33 East Wyoming,
and Melody Haines, 429 College Avenue who also expressed their
opposition to the project.
Bonnie Sponger, 345 College Avenue, said she was concerned that
her property will be flooded if the project goes through. She also
stated the s-curve is dangerous, and there was no visibility or
parking. She said the zoning will ruin the character of the
neighborhood.
Tony Loiacono said it was a very private and unique area. He
expressed his concerns regarding the pillaging that is starting to
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