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04-15-85 Annexation CommitteeY April 15, 1985 ANNEXATION, COMMUNITY DEVELOPMENT, PARKS 4:00 P.M. • COMMITTEES Chairman Manning and Councilmen Palmer, Saverud, Schindler, and Springer in attendance. Mayor McDowell, DPW Hammer, Attorney Neier, Ed Gallagher, Roger Hopkins from the Daily Inter Lake, and Bill Walker, Howard Austin, and Don Gatzke from Financial Services Corporation were also present. Chairman Manning brought the meeting to order. FINANCIAL SERVICES ZONE CHANGE - City/County Planning Board recommendation to change zoning map (Peninsula between Hwy 93N and Meridian). Public hearing scheduled for May 6, 1985. Before then need to address compliance with the Comprehensive Plan. Discussion referred to Flathead Regional Development Office report and City Attorney's letter to staff. The problem is that if we are looking at a good use how do we handle compliance with the Comprehensive Plan? C. Manning requested the City Attorney give an opinion regarding this. Discussion of parallels with the case the City was involved in with Developers Diversified against the County, compliance, procedures, problems, timing, -Table 3. C. Manning pointed out that if there was a standard procedure (as in zoning), problems would be taken care of at the right point in the procedure. C. Springer moved that Attorney Neier give an opinion in response to Nick Verma's criticism at least a week before the next Council meeting. Financial Services situation: Lower floor is offices (B-1), main floor is bakery (B-1). The number of seats in the restaurant is the only problem. N. Verma had indicated they needed to change zoning because of the Council not wanting strip development. C. Palmer _took issue with N. Verma's position saying that this is strip development (creeping business) - the area is zoned business now. C. Palmer made a motion to make a recommendation to City Council (although this is not mandatory in procedure), to change the subject property to B-3 and to stipulate the reasons: (1) We do not see this as strip development as they are already allowing business and professional offices, and (2) we do not see this as interfering with the development of the neighborhood. C. Springer seconded with a question: Do we need that recommendation coming out of the Committee in order to continue? The answer was no, it is not a mandatory step in the procedure. C. Saverud asked 2 questions: (1) Is this an interpretation of the Plan in this particular case or is B-3 specifically incompatible with the language of the plan? and (2) Who is Comprehensive Plan administrator for/ within the City? All zoning is under the Building Inspector, but Land Use is Nick Verma's department. Committee concured on motion. SECTION 6.13E - Letter needs to be sent to the Zoning Commission regarding Sec..6.13B repealing the paragraph that refers it to the Council and then back to the Zoning Commission. The Mayor will take care of this. April 15, 1985 ANNEXATION, COMMUNITY DEVELOPMENT, PARKS CMP ITTEES • Page 2 ANNEXATION COMMITTEE AND CITY/COUNTY PLANNING BOARD MEETING - C. Manning called for a joint meeting for April 23, 1985 at 3:00 P.M. Topic: Workshop on updating the Comprehensive Plan. NON -CONFORMING USE - Re -zoning Meridian: Reviewed recommendations of Attorney Neier and Nick Verma which concentrates both the ordinances of the redevelopment area and the main Kalispell City zoning ordinance into one. C. Manning listed the steps involved. Public Hearing tonight, April 16, 1985. Discussion on non -conforming use and grandfather clause, time factor of vacancy, question of good faith provision, 180 day provision that would put affirmative burden on the property owner. C. Manning indicated he would direct the Building official and City Attorney to draw up an ordinance. SCHWARTZ ANNEXATION - (Island of 4 lots next to Crestview Road in Northridge) All services are -'there. Committee concurs on annexation. COLONIAL VILLA - First reading and resolution to conditionally approve the preliminary plat tonight. This does not address junk yard. CHET MAHUGH - It is feasible for him to come back and request one lot rather than the 1/2 block. Discussion of Council concern that commercial stop at this street and variances. GRIFFIN FIELD Appraisals were $276,000.00 and $360,000.00. 90% question discussed: If any offers are submitted less than 90% they will be rejected if there are offers over 90%. In other words City can reject bids under 90% but must accept any bid of 90% or more. Discussion of fair market value, need of dates to accept and reject proposals, time limit. C. Manning will bring this up to the Council. Would like Council to set fair market value. C. Springer will make a motion to set fair market value at $400,000.00. WATER DEPARTMENT LAND - MERIDIAN - Coca Cola offered $10,000.00 and put $1,000.00 down to hold. Coke is selling parcel adjacent to UPS and this piece would be simultaneously transfered to UPS at the same price. UPS needs it for truck turning access. City bought 7-8 years ago for $7,000.00. Discussion of right-of-way needed for widening Meridian. C. Palmer discredited Zugliani's appraisal for $25,000.00. Sewer and Water Committee will bring this up at Council meeting. SPECIAL COMMISSION ON LAWRENCE PARK - Commission made up of Pieter Drent, Dave Downey, and Marvin Combs. Discussion of Nanning chairing this commission. Chairman Manning adjourned the meeting. 911 ajg