09-15-89 Parks Comm MinutesA
PARKS/PUBLIC LANDS/ANNEXATION/BUILDING REGULATION COMMITTEE MEETING
September 15, 1989 7:00 A.M.
Present at the meeting were Councilmen Furlong and Gunnerson; City
Attorney Neier, Building Official Kerzman, Parks Director Baker,
Surveyor Zavodny, DPW Hammer, David Greer, Marshall Murray, Charlene
O'Neil, and Mr. & Mrs. Chuck Houston.
MERIDIAN ADDITION ZONING
Chairman Furlong opened the meeting and turned it over to David
Greer. Greer read excerpts from the FRDO staff report that was
given to the City -County Planning Board. Part of it states that due
to the difficulty in choosing an appropriate zoning classification
for the Meridian Addition, the area was left unzoned pending further
study, which has been on -going since 1977. He stated the area is
still considered zoned #2, Residential District under the 1947
Ordinance. The re -zoning of the Meridian Addition to conform to
current regulations is important for several reasons; the current
state of zoning or lack thereof is confusing to all parties. At
this time it is confusing how to apply the provisions of an old
ordinance to the properties. This places a cloud on title of the
property since it is unclear whether the current commercial industrial
uses can expand or even change use.
Greer went on to explain that the statutory requirement that all
zoning be in conformance with the Master Plan leaves little flexibility
as to the options of how the area should be zoned. For this and
other reasons the Planning Board recommended that the Meridian Addition
be zoned Residential, R-4 in accordance with Kalispell Zoning Ordinance
#1110, which would kick in new provisions for non -conforming uses
which would allow existing non -conforming uses there to change use,
and to continue in pertuity if they so choose, and it was inappropriate
to approve commercial zoning in the middle of a residential area
when there's so much residential close across the tracks.
C. Gunnerson asked if the existing businesses can maintain what they
have there now, and does the new zoning prevent expansion of that
business at that location? Greer said what this zoning will do is
allow them to go to another non -conforming use.
C. Gunnerson stated he sees the Ordinance as benefitting the people,
not harming them, and he doesn't understand why there is opposition
to it.
C. Furlong asked what rights the O'Neils would have for their remaining
two vacant lots under the proposed zoning? Greer said they could
put in a single family or duplex. If they have lots within 500' of
their mill they can use it for parking.
. Chuck Houston presented graphics of the area in regard to the businesses
and residences, and also presented a petition from residents in that
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area. He spoke at length about the history of the area, what
businesses and residences were built in that area after it was
annexed to the City. He spoke in favor or keeping it a residential
zone.
Marshall Murray asked if the motive is to eliminate the businesses?
Why is there an adamant refusal to adjust an area such as this to 2
zone or 3 zone?
Chuck Houston questioned the legality of putting in more than one
zone.
There was further discussion. Mr. Hutcheson asked what happens if a
residence in a light industrial area burns down, would they be able
to rebuild? Greer said no. C. Furlong asked if a business burns,
can they rebuild? Greer said they would have to come in for a
conditional use permit and they would be allowed to rebuild back to
their original status. Greer went on to say that under the Master
Plan designation is urban residential, and they don't have the flexi-
bility to start looking at other zones until we amend the Master
Plan. He said if someone is not happy with the zoning, they could
come back to formally initiate another process to seek a change to
the Master Plan or a change to the zone.
Mrs. Houston asked if they aren't zoned commercial or residential,
• how are the taxes figured? Greer stated they are taxed by their
use, not the zoning.
MOTION: C. Gunnerson moved the Committee recommend to the Council
that Lots 1-16 of Block 1 and Lots 1-15 of Block 2 be zoned R-4. C.
Furlong seconded. C. Gunnerson stated that the recommendation does
not mean his vote goes that way, he has some misgivings trying to
understand why the City -County Planning Board came up with the recommen-
dation that they did. Motion passed unanimously.
ANNEXATION OF COUNTY STREETS
David Greer gave a background of the 17 annexations of islands and
explained that upon annexation the streets within the islands would
be maintained by the City. He presented a list of streets which the
County thought were at issue and which he was supposed to confirm
with the City. Once this is accomplished the next step is to
transfer maintenance responsibilities from the County to the City.
C. Furlong stated that the Council did not make the promise that
they would be responsible for the streets, there was not a Council
action as such. Greer said by adopting the mini -extension of services
plans there was action by the Council.
Fred Zavodny presented a color -coded list of categories, which streets
were in the island annexations; which streets were in the Southwest
• Kalispell Project, etc. C. Furlong asked if this list was exhaustive,
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or are there other areas that ought to be considered? He directed
Public Works to check this out.
There was a discussion on Grandview Drive. Fred Zavodny explained
the route it takes, it's a long road, that's why we say no on
Grandview, despite the fact we have a,couple hundred feet of college
fronting it, we have basically a mile of it that we want nothing to
do with, it's a terrible road, it's too narrow, there's right-of-way
overlaps, and until all of those things are addressed plus annexations
along it, he doesn't believe there's a reason to discuss it.
C. Furlong asked about the street to the Junior High School, between
Northern Lights Blvd. and North Meridian, have we not plowed and
maintained that, the County's never done it, and is that true of
some of the rest of the streets on the list. Hammer said some yes,
and some no. C. Furlong said his point is then in effect we've
already done this by providing a service. Fred said that was the
reason for a lot of these annexations, we were providing service
already.
Ken Hammer said what we're trying to accomplish with the county is
to bring all these streets that there's questions on into the city
and do the maintenance assuming that they help us do the major
portion of the work next year on Meridian Road and he thought we
were getting very close to an agreement on that. For that reason he
• would rather not see this on the Council floor Monday. C. Furlong
said he didn't think we were ready to take it to the Council. He
said if the county is willing to help us on Meridian Road that's
fine, but his immediate concern is what kind of shape some of these
roads are in before we take them over, they should at least bring
them up to passable fashion before we're interested in them.
Fred Zavodny said when the city forces someone to annex, he didn't
think we could make them do anything about the roads.
C. Gunnerson stated that it was specifically stated "yes" at the
Council meeting that the city would maintain the roads.
C. Furlong said the Committee should charge the public works staff
with coming up with specific recommendations and justifications and
requested a map be drawn up, so we can get all of the roads that are
at issue taken care of at one time. He stated that he would like to
see some action taken by the Council on these roads before winter.
Ken Hammer said we should know what streets we're going to take
action on by the October 16th meeting.
OTHER
Mike Baker asked if his request to go out for bids for a new tractor
would be on the agenda for Monday night's meeting. C. Furlong
assured him it would.
• C. Furlong stated he had received a letter from Mike Strand with
concerns regarding the soccer fields being so close to the airport.
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• Glen Neier and Craig Kerzman were requested to make sure the notice
is published for adopting the State Building Code Regulations.
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Meeting adjourned at 8:57 A.M.
Shirley Hughes, Recording Secretary
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