4. Ordinance 1735 - Zone Change - West View Estates - 1st ReadingPUNNING FOP, THE
REPORT TO: Doug Russell, City Manager7
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisnelLcom/nlanning
FROM: Kevin LeClair, Senior Planner, Kalispell Planning Department
SUBJECT: Zoning Map Change from RA-1 to RA-2 and from R-3 to R-5
MEETING DATE: February 3, 2014
BACKGROUND: The request from Mark Owens, with Owl Corporation, is to change the
zoning from RA-1 (residential apartment) to RA-2 (residential apartment/office) and from R-3
(residential) to R-5 (residential/professional office) on 17.7 acres located at the northeast corner
of West Reserve Drive and Stillwater Road in southern portion of the West View Estates
Subdivision. The area can be described as Assessor's Tract 5+ and Lots 1-5 of West View
Estates, Phase 1, in the southwest % of the southwest i/ of Section 25, Township 29 North,
Range 22 West, P.M.M., Flathead County, Montana.
The area, known as West View Estates, is located north of West Reserve Drive, between
Stillwater Road and the Stillwater Estates Subdivision. It was annexed into Kalispell and
received its initial annexation zoning of RA-1 and R-3 in 2003. The area zoned R-3 has
undergone three successive phases of residential subdivision, with two occurring in 2006 and one
in 2009. To date, West View Estates contains 81 residential lots, a two -acre public park, and a
public road system. There are 21 single-family residential homes in the neighborhood and two
under construction. The area of the requested zone change is located in the southern 570 feet of
West View Estates and includes a portion of an un-platted tract and Lots 1-5 of the subdivision's
first phase.
The area under consideration was the subject of a previous zone change request from Mark
Owens in September 2013. The request at that time was to change the zoning on both the RA-1
and R-3 zoned areas to RA-2. On October 8, 2013, the Kalispell City Planning Board held a
public hearing to consider the request and to receive input from the community. At the public
hearing, Planning Department staff delivered a presentation on the proposed zone change. The
presentation described the neighborhood context and highlighted the Kalispell Growth Policy,
which identifies the area as "High Density Residential", which is consistent with the proposed
RA-2 (residential apartment/office) zoning. The RA-2 zoning district permits a full range of
residential uses, and limited number of business and service uses. A staff report was also
provided and entered into the record.
Following the staff presentation, thirteen residents from West View Estates and Stillwater
Estates spoke in opposition of the proposed zone change. They stated several reasons for their
opposition. The first centered on property values and the disruption of the existing neighborhood
character if office or multi -family uses were allowed to develop at or near the entrance to their
neighborhoods. The second concern was traffic impacts to area roadways, primarily West
Reserve Drive, which experiences heavy volumes at certain times of day associated with Glacier
High School and other commuters. The residents also expressed concern for the safety of
pedestrians and bicyclists if traffic were to increase in and around the neighborhood. Finally,
several residents noted the current school over -crowding issue facing the West Valley School
District, which serves the West View Estates Subdivision. The property owner's consultant, a
planner from Sands Surveying, spoke on behalf of the request.
At the October 8, 2013, public hearing, the Planning Board adopted staff report KZC-13-02 as
findings of fact and recommended that the Kalispell City Council change the zoning from RA-1
(residential apartment) to RA-2 (residential apartment/office) and maintain the R-3 (residential)
zoning for the remaining portion of the zone change request. This recommendation differed
from the applicant's request as well as the staff recommendation. The motion was unanimously
approved by the Board.
The matter was scheduled to be heard by the City Council at their meeting on November 4, 2013.
The applicant, after receiving and considering additional feedback from the neighborhood, asked
that the item be pulled from the Council's agenda and returned to the Planning Board for further
discussion and consideration.
A Planning Board work session was held on November 12, 2013, to discuss the potential of
changing the zoning on the R-3 portion of the property to R-5, as an alternative to the original
request of RA-2 for this area, or the Board's recommendation of maintaining the R-3 zoning
designation. The owner and his consultant presented several visual representations of what
professional offices could look like on the west side of Taelor Road, as well as landscape
buffering along the northern edge of the area currently zoned RA-1.
After some discussion about visual impacts, property values, traffic impacts and flow, the
Planning Board indicated to the applicant that they felt a public hearing would be warranted so
they could consider an alternate proposal that would include changing the area zoned RA-1 to
RA-2, and the area zoned R-3 on both the east and west sides of Taelor Road to R-5.
Following the work session, Mark Owens submitted a revised request to the Planning
Department that included changing the zoning from RA-1 to RA-2 and from R-3 to R-5.
On December 10, 2013, the Kalispell Planning Board held a public hearing to consider Mark
Owens' revised request to change the RA-1 zoned land to RA-2 and change the R-3 zoned land
on both sides of Taelor Road to R-5. The adjacent landowners and the members of the public
who had testified regarding the original request were notified of the revised request and the
public hearing.
At the public hearing, Planning Department staff made a presentation to the Planning Board.
The staff presentation was followed by testimony from the property owner's consultant and three
neighbors to the requested change. The neighbors were opposed to the request and cited similar
reasons as before.
The Planning Board made a motion to adopt the revised Staff Report KZC-13-02 as findings of
fact and recommend to the Kalispell City Council that the area zoned RA-1 (residential
apartment) be rezoned to RA-2 (residential apartment/office) and the area zoned R-3 (residential
on either side of Taelor Road, including Lots 1-5 of West View Estates be rezoned to R-5
(residential/professional office). The Board made a second motion, amending the first, which
removed the wording, "and the area zoned R-3 (residential on either side of Taelor Road,
including Lots 1-5 of West View Estates be rezoned to R-5 (residential/professional office)."
Following some discussion, the board voted 4 in favor and 1 opposed to the adoption to amend
the original motion. The Board then voted unanimously in favor of adopting the amended
motion to change the zoning for the area zoned RA-1 to RA-2 and leave the area zoned R-3
unchanged.
RECOMMENDATION: A motion to approve a zone change for the 10-acre area zoned RA-1
located northeast of intersection of West Reserve Drive and Stillwater Road from RA-1
(residential apartment) to RA-2 (residential apartment/office) as recommended by the Planning
Board.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Kevin LeClair
Senior Planner
Report compiled: January 28, 2014
Attachments: Revised Staff Report KZC-13-02
Application Materials
Planning Board Minutes of October 8, 2013
Draft Planning Board Minutes of December 10, 2013
c: w/att: Theresa White, Kalispell City Clerk
c: w/o att: Mark Owens, Owl Corporation, 500 Palmer Drive, Kalispell, MT 59901
Sands Surveying, Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901
ORDINANCE NO.1735
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN
REAL PROPERTY LOCATED IN A TRACT OF LAND, SITUATED, LYING AND BEING
IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
(PREVIOUSLY ZONED CITY RA-1 (RESIDENTIAL APARTMENT) TO CITY RA-2
(RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Owl Corporation, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the tract of land fully described in
Exhibit "A", attached hereto and fully incorporated herein by this reference, be zoned
RA-2, Residential Apartment/Office, on approximately 10 acres of land; and
WHEREAS, the property is located in the westerly portion of the southern 570 feet of West View
Estates; and
WHEREAS, Owl Corporation's petition was the subject of a report compiled by the Kalispell
Planning Department, Revised Staff Report #KZC-13-02, dated November 27, 2013,
in which the Kalispell Planning Department evaluated the petition and recommended
that the property as described above be zoned RA-2, Residential Apartment/Office,
and that additional property of about 7 acres located to the east of this in West View
Estates be zoned R-5, Residential/Professional Office, as requested by the petition;
and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on December
10, 2013, and recommended that the 10 acre westerly portion with RA-1 zoning be
amended to City RA-2, Residential Apartment/Office, but that the current R-3,
Residential, zoning remain intact, pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-2, Residential Apartment/Office, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy 2020 and 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 KPD as set forth in Revised
Staff Report No. KZE-13-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1677) is hereby amended by
designating the property described in Exhibit "A" attached hereto and
incorporated fully herein by this reference as RA-2, Residential
Apartment/Office, on approximately 10 acres of land.
SECTION 2. 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 3. 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 AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS DAY OF FEBRUARY, 2014.
ATTEST:
Theresa White
City Clerk
Mark Johnson
Mayor
Exhibit "A"
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the southwest corner of the Southwest Quarter of the Southwest Quarter of
Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana; Thence
along the west boundary of said SW 1/4SW 1/4 N00°06'40"W 579.34 feet; Thence N89°59' 11"E
915.08 feet; Thence S00°00'23"W 581.41 to the south boundary of said SWl/4SW1/4; Thence
along said boundary N89°53'02"W 913.89 feet to the point of beginning and containing 12.184
ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING therefrom a strip of land described in Bargain and Sale Deed #200700025082,
containing 1.10 ACRES, more or less.
OWL CORPORATION
REQUEST FOR ZONE CHANGE FROM RA-1 to RA-2 and R-3 to R-5
REVISED - STAFF REPORT #KZC-13-02
KALISPELL PLANNING DEPARTMENT
NOVEMBER 27, 2013
The following is a report to the Kalispell City Planning Board and the Kalispell City
Council regarding a request to change the zoning from RA-1 (residential apartment) to
RA-2 (residential apartment/office) and from R-3 (residential) to R-5 (residential/
professional office) on 17.7 acres located at the northeast corner of the intersection of
West Reserve Drive and Stillwater Road. A public hearing has been scheduled before
the Kalispell City Planning Board for December 10, 2013 beginning at 7:00 PM, to
consider the zone change request. The planning board will forward a recommendation
to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
In September 2013, the planning department received a zone change request from
Mark Owens, with Owl Corporation, the owner of a tract and five lots in the southern
portion of the West View Estates Subdivision, located at the northeast corner of West
Reserve Drive and Stillwater Road. The original request was to change the zoning
from RA-1 and R-3 to RA-2. A staff report was prepared that found the request
complied with the criteria for the zone change. The staff report recommended that the
Planning Board adopt the findings of fact and recommend to the City Council that the
request be adopted.
A public hearing was held on October 8, 2013 by the Planning Board. A number of
residents from West View Estates and Stillwater Estates testified in opposition of the
proposed zone change. There were several main reasons for their opposition. The first
centered on concerns over property values and the disruption of the existing
neighborhood character if office or multi -family uses were developed at or near the
entrance to their neighborhoods. The second main concern was traffic impacts to the
roadway system, primarily West Reserve Drive, which experiences heavy volumes at
certain times of day associated with Glacier High School. Another concern the
residents expressed was in regards to the safety of pedestrians and bicyclists if traffic
were to increase in and around the neighborhood. Finally, several residents noted the
current school over -crowding issue facing the West Valley School District, which
serves the West View Estates Subdivision.
Based on the staff presentation and community testimony, a motion was made and
seconded to adopt staff report KZC-13-02 as findings of fact and recommend to the
Kalispell City Council that only the area currently zoned RA-1 (residential apartment)
be rezoned to RA-2 (residential apartment/office). The area currently zoned R-3
(residential) would remain R-3 (residential), contrary to the applicant's request and
staff recommendation. The motion was unanimously approved.
Before the Planning Board recommendation was presented to the City Council for
consideration, the applicant requested that the matter be returned to the Planning
Board for additional review and consideration at a work session.
A work session was held on November 12, 2013 with the Planning Board to discuss
the potential of changing the zoning on the R-3 portion of the property to R-5, rather
than the original request of RA-2 for this area, or the Board's recommendation of
leaving it R-3. The owner and his consultant presented some visual representations of
what professional offices could potentially look like on the west side of Taelor Road, as
well as some enhanced landscape buffering along the northern edge of the area
currently zoned RA-1.
After some discussion about visual impacts, property values, traffic impacts and flow,
the Planning Board indicated to the applicant that they felt a public hearing would be
warranted so they could consider an alternate proposal that would include changing
the area zoned RA-1 to RA-2, and the area zoned R-3 on both the east and west sides
of Taelor Road to R-5.
The land is undeveloped, with the exception of the public right-of-way of Taelor Road,
which serves as the main access point into the West View Estates subdivision from
West Reserve Drive. The five lots on the east side of Taelor Road were platted in July
2006, as part of the first phase of the West View Estates Subdivision. Two subsequent
phases of the West View Subdivision have occurred since then. The three phases of
the subdivision currently contain a total of 81 lots and a 2.2-acre public park. There
are 21 single-family residential homes in the platted portion of the West View Estates
Subdivision.
The area of the zone change reflects a transitional buffer zone between the single-
family residential lots to the north and Glacier High School to the south of West
Reserve Drive. Much of the area to the west is undeveloped, agricultural land. The
area to the west is outside of the city limits, but within the Kalispell's Growth Policy
planning area. To the east is Stillwater Estates, a low -density, single-family
residential neighborhood located in unincorporated Flathead County.
Southwest of the proposed zone change is the Starling PUD, which was adopted in
2007 and included annexation of the entire Section 35, along with an R-3 Mixed Use
zoning overlay. The Starling PUD is a 640-acre master planned community that is
anticipated to have between 2000 and 3000 units of housing types and the inclusion
of a limited supply of non-residential uses.
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Figure 1: Site with existing and adjacent zoning
�t
R40UD
Figure 2: Alternate Proposal (RA-1 to RA-2 and R-3 to R-5)
The question before the planning board is whether or not to amend the zoning map
from RA-1 (residential apartment) to RA-2 (residential apartment/office) and R-3
(residential) to R-5 (residential/office) for the area on the north side of West Reserve
Drive from Stillwater Road to Taelor Road, and including Lots 1-5 of West View
Estates. Factors for consideration include maintaining consistency between the
zoning designations and the growth policy land use map, encouraging a diversity of
housing and commercial development opportunities, and protecting the residential
character of the West View Estates and Stillwater Estates subdivisions.
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A. Petitioner / Owner: Mark Owens, Secretary/Treasurer
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
(406) 752-5666
B. Location and Legal Description of Property: The 17.7-acre area included in
the zone change request is located east of Stillwater Road, on the north side of
West Reserve Drive. The area measures 1300 feet from east to west and 570 feet
north to south. It is legally described as Assessor's Tract 5+ and Lots 1-5 of West
View Estates, Phase 1, in the southwest 1/4 of the southwest 1/4 of Section 25,
Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning: As stated above, the majority of the land under
request for zone change is currently zoned RA-1 (residential apartment). A
narrow strip on the east side of Taelor Road and the five lots on the east side of
Taelor Road are zoned R-3 (residential).
The intent of the RA-1 zoning district, per Kalispell Municipal Code (KMC)
27.09.010, is "to provide for urban areas, for multi -family use, and compatible
non-residential uses of medium land use intensity."
The intent of the R-3 zoning district, per KMC 27.06.010, is "to provide areas for
urban residential development."
Both RA-1 and R-3 zoning districts would typically be found in areas designated
as urban residential on the Kalispell Growth Policy Future Land Use Map.
D. Proposed Zoning: The proposed zoning districts are RA-2, Residential
Apartment/Office and R-5, Residential/Professional Office.
The intent of the RA-2 zoning district is,
"To provide areas for residential development including multi -family housing and
compatible non-residential uses of high land use intensity. This district would
typically serve as a buffer zone between other commercial districts and adjacent
residential areas. The location of this district depends on proximity to major
streets, arterials and business districts." (KMC 27.10.010)
The intent of the R-5 zoning district is,
"An urban residential district intended to accommodate professional offices where
it is not deemed desirable to permit a more intensive business activity of a retail
nature. Such a district should serve as a buffer between residential areas and
other commercial districts and should be associated with arterial or minor
arterial streets." (KMC 27.08.010)
The owner of the property has indicated that there is development interest from
professional office and medical office developers. One notable difference between
the RA-1 and RA-2 zoning designations is the allowance for professional office
uses in the RA-2 zone, along with higher residential densities.
The main differences between the R-3 and R-5 zones are the allowance for
professional office uses in the R-5 zone and the ability to develop with 2-unit
townhomes without needing a conditional use permit.
0
E. Size: The zone change request covers a total area of approximately 17.7 acres.
The dimensions of the rectangular area are approximately 1300 feet from east to
west (north of West Reserve Drive) and 570 feet from north to south.
F. Adjacent Land Uses and Zoning:
North: West View Estates Phases 2 and 3; Zoned City R-3 (residential)
East: Stillwater Estates Subdivision; Zoned R-2 by Flathead County (one
family limited residential)
South: School District #5 Glacier High School; Zoned City R-5/PUD Mined
Professional POD of Spring Prairie PUD
West: Agricultural land, Zoned AG-80 WVO by Flathead County
(agricultural and West Valley Overlay)
Southwest: Starling PUD; Zoned City R-3 with a PUD overlay zoning
G. General Land Use Character: The general land use character of this area can be
described largely as residential and quasi -public. West View Estates is a single-
family residential neighborhood with 1/4-acre average lots. Stillwater Estates, to
the east, is a single-family residential neighborhood with 1-acre lots. South of
West Reserve Drive is Glacier High School.
H. Utilities and Public Services: The area is served by city water and sewer and by
city streets.
Sewer:
City sewer
Water:
City water
Refuse:
City collection services
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyLink
Schools:
K-8 at West Valley School District # 1; High School at
Kalispell School District #5 - Glacier High School
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
I. Public Comment: Prior to submitting the zone change application the applicant
attended the West View Estates Homeowners Association Annual Meeting to
present the proposed zone change to the homeowners. In addition, notices of the
zone change request were sent to adjacent landowners within 150 feet of the
affected areas.
Several written comments were received opposing the applicant's original request
to change the zoning from RA-1 and R-3 to RA-2. The main concerns focused on
property values of the residential homes in the neighborhood and safety
associated with the increase in traffic. Secondary concerns were associated with
the change in neighborhood character and current over -crowding in the West
Valley School District.
At the public hearing with the Planning Board on October 8, 2013, a number of
residents from West View Estates and Stillwater Estates spoke in opposition of
the proposed zone change. Their reasons were similar to those reflected in the
written comments.
Following the October 8, 2013 public hearing, the applicant requested a work
session with the Planning Board. The Planning Board discussed an alternative
proposal with the applicant and determined that a subsequent public hearing to
consider the alternative proposal would be warranted.
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The public hearing to consider the alternative proposal was advertised in the
Daily Inter Lake on Sunday, November 24, 2013, and notifications were sent to
the adjacent landowners within 150 feet of the affected area, along with all of the
residents that either submitted comments or attended the first public hearing.
ZONE CHANGE TO RA-2 and R-5 BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell
Zoning Ordinance.
Does the requested zone comply with the growth policy?
The area affected by the request is designated by the Kalispell Growth Policy
future land use map as "High Density Residential" which calls for between eight
to twenty dwelling units per acre. These areas may be mixed with professional
offices and various low intensity commercial and institutional uses.
The proposed RA-2 zoning designation permits a range of residential and a very
limited number of commercial uses, but no industrial or agricultural uses.
Chapter 3, Land Use: Housing, in the Kalispell Growth Policy 2020 document
includes the following policy:
Policy 1 l.e: High -density residential districts may be mixed with professional
offices and various low -intensity commercial and institutional uses,
particularly where located along urban arterials and as appropriate to the
neighborhood.
The request to change the zoning to RA-2 and R-5 will permit the development of
professional offices on the property. A slightly more intense use is appropriate
provided its adjacency to West Reserve Drive and Stillwater Road. At the time
development is proposed it will be reviewed for its compliance with the zoning
ordinance and its appropriateness with the neighborhoods to the north and east.
2. Will the requested zone have an effect on motorized and nonmotorized
transportation systems?
The requested zone change to RA-2 and R-5 will not produce a noticeable impact
to motorized or non -motorized transportation systems over the present zoning
designations of RA-1 and R-3.
The area is served by West Reserve Drive, a minor arterial, with two lanes
approaching from the east and west, a divided center median with center lane
turn pocket for the western approach, sidewalks on both sides, and a crosswalk
located to the east of Taelor Road, that provides pedestrian access onto the
Glacier High School campus. There is adequate capacity on West Reserve Drive
and the associated intersections to accommodate anticipated development on the
subject properties.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the properties in the case of
an emergency. There are no features related to the properties which would
compromise the safety of the public. All municipal services including police and
fire protection, water and sewer service are available to the area. There is a City
of Kalispell fire station less than one mile from the site.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and those in the vicinity.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for new development on the area of
the zone change are established in the Kalispell Zoning Ordinance to ensure
adequate light and air is provided.
6. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available. Development should be
encouraged in areas where these services are available.
In October, voters in the West Valley School District approved a bond that will
allow the district to add 30,000 square feet of space to the existing school to
address school over -crowding.
7. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The requested zone change is in conformance with the planned growth policy
designation for the area. Furthermore, the uses allowed under the zone change
on the properties are generally similar to those in the existing RA-1 zoning
district.
In the category of residential uses, there is no difference between the RA-1 and
RA-2 zones. The difference between the R-3 zone and the R-5 zone is that
duplexes and 2-unit townhouses become permitted, as opposed to not allowed or
allowed as a conditional use, respectively.
In the public, civic and institutional category, the RA-2 zone permits libraries,
museums, and similar cultural facilities, as an administrative conditional use,
where the RA-1 zone does not permit this use. The difference between the R-3
and R-5 zones is that the R-3 zone requires a conditional use permit (CUP) for
churches, while the R-5 zone permits them outright. Homeless shelters are a
conditional use in both the RA-1 and RA-2 zones, and not permitted in the R-3 or
R-5 zones.
The following is a list of the commercial uses that are either permitted or
conditionally permitted in the RA-2 zone that are not permitted in the RA-1 zone.
The permitting pathway is noted as follows: Permitted (P) or Conditional Use (C).
Banks and financial institutions (C)
Barber and beauty services (P)
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• Funeral homes and crematoriums (P)
• Laundromats and dry cleaners (P)
• Office - professional/governmental (P)
• Office - medical with limited overnight stay (C)
• Photographic studio (P) with no retail
The R-5 zone permits the following commercial uses, where the R-3 zone does
not:
• Funeral homes and crematoriums
• Office - professional/governmental
• Photographic studio with no retail
8. Does the requested zone give reasonable consideration to the character of the
d i stri rt?
The general character of the area is that of a suburban mixed use area. The
requested zoning allows for a range of multi -family residential and limited
commercial uses on the RA-2 zoned property, and single-family, duplex,
townhomes and professional offices within the R-5 zone, but limits those uses so
there would be little impact on the nearby residential neighborhoods in the R-3
zone.
9. Will the proposed zone conserve the value of buildings?
As stated above, the property is currently undeveloped. The nearest developed
property is a single-family residence in Stillwater Estates subdivision to the east
and the West View Estates subdivision.
Future development in the area will be reviewed for compliance with the
dimensional standards and design review criteria, to ensure its appropriateness
for the area and compatibility with the surrounding neighborhoods. The
conservation of values of the existing buildings in the vicinity depends largely on
the design and construction quality of the potential development in the area of
the zone change, as opposed to the change of the zoning or potential use of the
property.
10. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Mixed use urban development should be encouraged in areas where services and
facilities are available. The proposed zoning is consistent with the growth policy
future land use designation and the growth policy's goal of providing a mix of
commercial and residential uses in appropriate locations.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Revised - Staff Report #KZC13-02 as findings of fact and recommend to the Kalispell
City Council that the area zoned RA-1 (residential apartment) be rezoned to RA-2
(residential apartment/office) and the area zoned R-3 (residential) on either side of
Taelor Road, including Lots 1-5 of West View Estates be rezoned to R-5
(residential/professional office).
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Planning Department
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalis-Dell.com/Dlannin
PETITION FOR ZONING MAP AMENDMENT
NAME OF APPLICANT: Owl Corporation Attn: Mark Owens
MAIL ADDRESS: 500 Palmer Dr.
CITY/STATE/ZIP: Kalispell MT 59901 PHONE
INTEREST IN PROPERTY: Owner
PLEASE COMPLETE THE FOLLOWING:
752-5666
A. Address of the property: _None given yet.
B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number
(Section, Township, Range) Assessor's Tract 5+ and Lots 1-5 of West View
Estates, Phase 1 in Section 25, Township 29 North, Range 22 West, P.M.M.
Flathead County
(Attach sheet for metes and bounds)
C. Land in zone change (ac) 17.699 Acres
D. The present zoning of the above property is: RA-1 (Residential
Apartment) and R-3 (Residential)
E. The proposed zoning of the above property is: RA-2(Residential
Apartment / Office)
F. State the changed or changing conditions that make the proposed
amendment necessary:
Much of the acreage proposed for the Zoning Map Amendment is already
zoned multi -family residential and has been since the City Council
approved the West View Estates project back in May of 2003. The proposed
zone change to RA-2 will allow the applicant the option of creating
professional/medical office on the site in addition to the multi -family
residential use. Professional Office is typically viewed as being compatible
with residential uses including the single family use such as that located to
the north and east. The proposed Map Amendment expands the multi-
family designation to the east side of Taelor Road so that the multi -family
designations front each other rather than having apartments or
professional office use front on single family use.
DESCRIPTION: ZONE CHANGE
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
BEGINNING at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section
25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana; Thence along the
west boundary of said SW1/4SW1/4 N00°06'40"W 579.34 feet; Thence N89°59'11"E 1130.08 feet
to a found iron pin on the westerly R/W of a 60 foot city street known as Taelor Road; Thence
leaving said R/W N80°32'38"E 60.83 feet to a found iron pin on the easterly R/W of said Taelor
Road; Thence leaving said R/W.N89°59' 11"E 135.00 feet to the east boundary of said
SWl/4SWl/4; Thence along said boundary S00°00'23"W 592.32 feet to the southeast corner
thereof, Thence along the south boundary of said SW1/4SW1/4 N89°53'02"W 1323.89 feet to the
point of beginning and containing 17.699 ACRES; Subject to and together with all appurtenant
easements of record.
EXCEPTING therefrom a strip of land described in Bargain and Sale Deed #200700025082,
containing 1.10 ACRES, more or less.
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Growth Policy
The Kalispell Growth Policy Future Land Use Map designates the subject property
as High Density Residential (Figure 2).
The text of the Kalispell Growth Policy provides the following Goals, Policies, and
Recommendations:
Chapter 3: Land Use -Housing
Goal
1. Provide an adequate supply and mix of housing that meets the needs of
present and future residents in terms of cost, type, design, and location.
Policies:
11. HiLyh Densitv Residential
b. Small high density residential districts are encouraged to be
dispersed throughout the urban area. These districts should be located
predominantly near schools, employment and service centers, and urban
artirials.
C. Multi -family housing developments should be designed to fit
compatibly within the larger single family neighborhoods.
e. High density residential districts may be mixed with professional
offices, and various low intensity commercial and institutional uses,
particularly where located along urban arterials and as appropriate to the
neighborhood.
g. These areas should be within close proximity to small parks or
common open spaces. Location of buildings to create engaging, centrallv
located courtyards.
h. The areas should be fully served by urban infrastructure and
services.
Recommendations:
4. Inclusion of offices in some areas designated as high density
residential may be appropriate depending on the character of the
surrounding neighborhood and anticipated trends.
The existing and proposed multi -family zoning district is small in comparison to
the single family residentially zoned area of West View Estates and the neighboring
Stillwater Estates. Glacier High School is located directly south of the subject
Property. Office use such as the regional Forest Service Office, the Northwest
Land Office for the DNRC, Emergency Services / 911 Building, and the new Glacier
Eye Clinic are all located south and southeast of the subject parcel and within
walking distance. West Reserve Drive is classified as a principle arterial on the
Kalispell Growth Policy Map and the West View subdivision was constructed to
mitigate impacts of traffic while also providing safe access to the street. The main
reason for requesting this zone change is to provide the opportunity for
neighborhood compatible office use that can also buffer impacts of West Reserve
Drive.
B. Lessening congestion in the streets and providing safe access
The Kalispell Growth Policy recommends Multi -Family residential land use be
located along arterial streets. The subject property is located along West Reserve
Drive which is an arterial and has received a number of upgrades to accommodate
the traffic generated by the High School and nearby commercial/office use. West
Reserve will receive additional up -grades to facilitate the future by-pass. West
Reserve Drive will easily accommodate the proposed zone change and future
associated traffic as intended. Therefore, congestion will be avoided and safe
access will be provided.
C. Promoting safety from fire, panic and other dangers
The subject parcel is part of the West View Estates subdivision. Phases 1 2 and 3
of the subdivision have been developed along with a City park and City water well.
City streets, City water and fire hydrants have been installed within the finished
phases. New multi -family development will be subject to a Conditional Use Permit
and reviewed by City departments for health and safety issues. Future
commercial development will be subject to subdivision review and site review by
the City and its department which includes Police and Fire. All future
development will be subject to code and design standards that address safety from
fire panic and other dangers.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare
The proposed zone change will promote the public interest by providing a mix of
use with opportunities for multifamily housing in close proximity to schools and
services along with the opportunity for professional office use close to housing
which can translate to shorter commutes and less traffic. Multi -family and
professional office uses can be transitional land use types by buffer the intensity
of the adjacent arterial streets with a compatible use to the single family uses on
the north and east sides of the proposed zone change.
E. Preventing the overcrowding of land
The Kalispell Growth Policy designates the. subject property as High Density
Residential.The Growth policy supports densities of 8 to 20 dwellings per acre
(Chapter 3, Policy ll.a.) in this Land Use. designation. The Kalispell Zoning
Regulations establish minimum setback requirements, landscape requirements
building height limitations, and minimum parking requirement. Kalispell Public
_Works Standards require stormwater retention facilities and utility easements
which also limit the amount of constructed surface. The Kalispell Subdivision
Regulations have minimum access standards and pedestrian access standards.
All of the regulations work in concert and prevent the overcrowding of land.
F. Avoiding undue concentration of population
The Kalispell Growth Policy designates the subject property as High Density
Residential. The Growth policy supports densities of 8 to 20 dwellings per acre
(Chapter 3, Policy 1 La.) in this Land Use designation. As such the proposed RA-2
(Residential Apartment/Office is an appropriate zoning designation and
implements the Growth Policy designation. The proposed land use of multi -family
development and / or professional office will not create an undue concentration of
people._
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities
The proposed zone change is located adjacent to West Reserve Drive which is
designated as an arterial by the Kalispell Growth Policy. Kalispell's municipal
sewer and water services were extended into West View Estates by the applicant
and these services are adjacent to the subject parcels. Glacier High School is the
neighbor to the south. A city park was dedicated by the applicant and developed
in cooperation with the City's Parks Department. A City fire station is located on
Section 36 approximately 1/2 mile from the site. Other services such as shopping,
banking, and work opportunities are within one mile of the subject site.
H. Giving reasonable consideration to the character of the district
The proposed zone change gives consideration to the district's character. The zone
change is really just adding the option for professional office as a future use.
There are currently offices for the Forest Service, DNRC (State Lands), and County
Emergency Service less than 1/4 mile from the project. Directly south of the
proposed zoning district is the Glacier. High School. Multi -Family use assisted
living uses, and Professional Office uses are consistently used to buffer single
family use from arterial streets. In addition the arterial of West Reserve Drive is
designed to accommodate traffic associated with multi -family and professional
office use. North Meridian and Whitefish Stage roads are good examples of
professional office and multi -family development providing the transition from a
heavily traveled street to the single family residential use behind.
Giving consideration to the peculiar suitability of the property for particular uses
The subject property is adjacent to an arterial street, there are public services
immediately available, there are other office uses in the immediate neighborhood
and the proposed zone change complies with the Growth Policy Designation.
Protecting and conserving the value of buildings
The proposed RA-2 zone change will continue to protect the value of buildings by
requiring a Conditional Use Permit for multi -family development, the same as the
existing RA-1 zoning designation. The professional office and multi -family uses
will require Architectural Review and most likely subdivision review to create the
building pads/lots. These adopted review procedures insure that development is
of good quality and that it is compatible with neighboring buildings.
K. Encouraging the most appropriate use of land by assuring orderly growth
The Kalispell Growth Policy Future Land Use Map designates this property for
high density residential use (Figure 2). The text of the growth policy encourages
professional office to mix in with high density residential areas. When West View
Estates was first approved by the Kalispell City Council back in May of 2003, the
Council did so with the RA-1 Residential Apartment on the front part of the
subdivision. The proposed zone change is just expanding the multi -family
designation across Taelor Road to the east so that similar zoning designation front
each other and with the proposed RA-2 (Residential Apartment/Office) providing
the option to develop some professional office lots within the project.
The signing of this application signifies approval for Kalispell Planning staff to be present
on the property for routine monitoring and inspection during approval process.
(Applicant Signature)
(Date)
7
APPLICANT: Owl Corporation Zone Change
FILE NO: KZC-13-02
I, the undersigned certify that I did this date mail via Certified Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a zone change has been requested.
Date:
r
S-T-R: 25-29-22
Tract/Lot: Portion of Tract 5 & Lots 1-5 West View Estates, Phase 1
Property Owners/Owner Representative:
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
Sands Surveying
Attn: Eric Mulcahy
2 Village Loop
Kalispell, MT 59901
AND ATTACHED LIST
Owl Corporation Sands SurveyingAttn: Eric Mulcahy Kenneth &Debra Horinek
500 Palmer Drive P.O. Box 7398
Kalispell, MT 59901 2 Village Loop Kalispell, MT 59904
Kalispell, MT 59901
Mary Ann Carlson Barbara Marty Joshua Johnson
P.O. Box 1427 2322 Houston Point 118 Essex Place
Columbia Falls, MT 59912 Whitefish, MT 59937 Kalispell, MT 59901
Padraig & Sally Hagan Steven & Kimberly Trimble Lisle 8s Jan Pottorff
124 Essex Place 130 Essex Place 125 Essex Place
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
David 8s Stephanie Mills Kristi Zorb Aaron & Brooke Ells
119 Essex Place 16511 West Boone Lane 107 Essex Place
Kalispell, MT 59901 Medical Lake, WA 99022 Kalispell, MT 59901
Angela Young Daniel 8v Erin Tintzman Robert & Patti Stewart, Jr.
101 Essex Place 1011 Walton Drive 1017 Walton Drive
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Gordon Parsons Steve & Judy Quigley Ping Lai
P.O. Box 2510 1029 Walton Drive P.O. Box 396
Kalispell, MT 59903 Kalispell, MT 59901 Kalispell, MT 59903
Jonathan Amick Arthur & Elaine Elkington Phaithoon Phattharaampornchai
Kristin Yandora 116 East Bowman Drive Oraphan Ratchabandit
1880 Voerman Road 317 South Main Street
Whitefish, MT 59937 Kalispell, MT 59901 Kalispell, MT 59901
Dorothy Weaver Michael & Sherri Hayes Brian & Michelle Cullins
132 East Bowman Drive 138 East Bowman Drive 146 East Bowman Drive
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Scott & Alison Mizner Ricco & Michelle Montini Joseph & Kelly Bilau
P.O. Box 3092 111 East Bowman Drive 101 West Bowman Drive
Kalispell, MT 59903 Kalispell, MT 59901 Kalispell, MT 59901
Robert Bruce Johnson Don 8v Tawna Chery Scott & Cheryl Ballard
107 West Bowman Drive 119 West Bowman Drive 102 West Bowman Drive
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Travis &s Kendra Freeman Ronald & Suzette Copher Jesse &s Marcia Wall
108 West Bowman Drive 114 West Bowman Drive 120 West Bowman Drive
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Mark &s Grace Guest
126 West Bowman Drive
Kalispell, MT 59901
Stillwater Meadows, LLC
6730 N Scottsdale Rd, Ste 290
Scottsdale, AZ 85253
Jeremy & Valerie Ashby
190 Taelor Road
Kalispell, MT 59901
Chris 8v Marcie West
P.O. Box 7065
Kalispell, MT 59904
City of Kalispell
Attn: City Clerk
P.O. Box 1997
Kalispell, MT 59903
Dave & Gayle Mostek
179 Taelor Road
Kalispell, MT 59901
Joanel Loper
1842 Airport Road, Apt 17
Kalispell, MT 59901
Philip &s Amanda Wilson
146 Taelor Road
Kalispell, MT 59901
William &v Shannon Brittenham
134 West Bowman Drive
Kalispell, MT 59901
Westview Estates HOA
500 Palmer Drive
Kalispell, MT 59901
Jeffrey &s Katherine Meredith
100 Ali Loop
Kalispell, MT 59901
Vernon &s Thelma Johnson
109 Palmer Drive
Kalispell, MT 59901
Michael Coyle
140 West Bowman Drive
Kalispell, MT 59901
Jeffrey Claridge
131 Taelor Road
Kalispell, MT 59901
Roderick &s Sherie Leese
127 Taelor Road
Kalispell, MT 59901
State of Montana
DNRC
655 Timberwolf Way, Ste 1
Kalispell, MT 59901
DNRC J &s F Construction
AD% Kalispell School District #5 690 N Meridian Rd, Ste 103
233 1-t Avenue East Kalispell, MT 59901
Kalispell, MT 59901
Mark Super
224 Bowman Drive
Kalispell, MT 59901
Samantha Rhodes
MT Conservation Corp, Ste 27
1203 Hwy 2 West
Kalispell, MT 59901
George Heyer
186 Taelor Road
Kalispell, MT 59901
Richard Connell Brian Anderson
P.O. Box 7925 LaTasha Waureka
Kalispell, MT 59904 1212 6th Avenue E
Kalispell, MT 59901
Steven Alejandro
2001 McMannamy Draw
Kalispell, MT 59901
Greg Vanichkachorn
170 Taelor Road
Kalispell, MT 59901
Ramesh Ravipati
158 Taelor Road
Kalispell, MT 59901
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-1739
www.kalispell.com/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project
noted below and will be most directly affected by its development or because you commented on a prior
request for a zone change in the same area. You have an opportunity to present your comments and
concerns to the Kalispell Planning Department. You may come into the office in person at the above
address or you may contact the office at (406) 758-7940 for additional information. Written comments
may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at
planning@kalispell.com.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
December 10, 2013
A regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, December 10, 2013, beginning at 7 00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will
hold a public hearing and take public comments on the following agenda items. The Board will
make recommendations to the Kalispell City Council who will take final action.
1. Owl Corporation Zone Change (KZC-13-02): The request from Mark Owens, with the
Owl Corporation, is to amend the zoning map from RA-1 (residential apartment) to RA-2
(residential apartment/office) on approximately 10 acres on the north side of Old Reserve
Drive, formerly West Reserve Drive, from Stillwater Road on the west to within 150 feet of
Taelor Road on the east. The request also includes amending the zoning map from R-3
(residential) to R-5 (residential/ professional office) on approximately 4 acres on both the
east and west sides of Taelor Road, including Lots 1-5 of the West View Estates Subdivision.
The owner is seeking the option to develop professional offices or multi -family housing in
the RA-2 area and professional offices or townhouses in the R-5 area. The proposed zone
change area is legally described as Assessor's Tract 5+ and Lots 1-5 of West View Estates,
Phase 1 in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana.
Documents pertaining to the agenda item are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition, information on the agenda items is posted on our
website at www.kalispell.con-/planning under "Planning Board Agenda & Staff Reports".
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REQUEST FOR A ZONE CHANGE FROM RA-1 (RESIDENTIAL APARTMENT) TO
RA-2 (RESIDENTIAL APARTMENT/OFFICE) ON APPROXIMATELY 10 ACRES AND
FROM R-3 (RESIDENTIAL) TO R-5 (RESIDENTIAL/PROFESSIONAL OFFICE) ON
APPROXIMATELY 4 ACRES. THE PROPERTY IS LOCATED ALONG W RESERVE
DRIVE AND IS PART OF THE WESTVIEW ESTATES SUBDIVISION.
PLAT DATE AMENDED 11/20/13
FILE, KZ C -13 - 0 2 H:\gis\site\kzc13_O2 Owl Corporation.dwg
itomithin°:1i50 feet of�Taelor?Road
,;on gthe rieast. .-The :request :also
iineiudes =amending tithe Zoning
map'_Jeom�R:3'(residential)lto R�5
(residential/:,professional '06e)
!on -approximately '4.<acres =
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO.21319
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of November- 24, 2013.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
Before me this November 25, 013 .
4
- - a_z<j' -A
tV
Dorothy�76er ross
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2017
DOROTHY I. GLENCROSS
0 �piAq/9f v NOTARY PUC-1M for the
�ElaL Slate of Montana
Residing at Kalispell, Montana
u� c° My Commission Expires
¢rAof pAorSeptembor 11, 2017
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF SPECIAL MEETING
OCTOBER 8, 2013
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Phillip Guiffrida, Ken
Hannah, Matt Regier, Charles Pesola and Rory Young. Richard
Griffm was absent. Tom Jentz, Kevin LeClair and P.J. Sorensen
represented the Kalispell Planning Department. There were
approximately 25 people in attendance.
APPROVAL OF MINUTES
Guiffrida moved and Hannah seconded a motion to approve the
minutes of the August 13, 2013 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.
OWL CORPORATION ZONE
The request from Mark Owens, with the Owl Corporation, is to
CHANGE
amend the zoning map from RA-1 (residential apartment) and R-3
(residential) to RA-2 (residential apartment/office) on a rectangular
area measuring 17.7 acres on the north side of West Reserve Drive
from Stillwater Road to Taelor Road, up to and including Lots 1-5
of the West View Estates Subdivision. The area extends from
West Reserve Drive northward approximately 570 feet. The owner
is seeking the option to develop professional offices along with
multi -family housing in the area.
STAFF REPORT KZC-13-02
Kevin LeClair, representing the Kalispell Planning Office reviewed
Staff report KZC-13-02 for the board.
LeClair reviewed the request as stated above.
LeClair referenced the existing zoning on the property noting the
RA-1 zone covers approximately 10 acres of land in the southwest
corner and the R-3 is the eastern portion. The majority of the
subdivision is R-3 which extends on both sides of Taelor Road
where it connects to West Reserve Drive. The surrounding zoning
to the north is R-3, east is county R-2, west is county AG-80, and
to the south is R-5 planned unit development (PUD) which is part
of the Spring Prairie PUD where Glacier High School is located
and is a mixed commercial pod. To the southwest is the Starling
R-3 PUD which is undeveloped at this time.
LeClair noted the growth policy designation for this property is
urban residential which is a high -density, mixed -use type zoning.
He indicated the exact location of the property and displayed
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 1 of 10
current photographs of the site.
A zone comparison chart was reviewed to show the differences
between the current and proposed zoning.
LeClair stated the planning office received four public comments
prior to the hearing and copies were either sent with the packets or
given to the board prior to the meeting. The concerns included the
following:
• West Valley school overcrowding
• Neighborhood safety
• Traffic impacts
• Aesthetics
• Property values
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KZC-13-02 as findings of
fact and recommend to the Kalispell City Council that the area be
rezoned from RA-1 (residential apartment) and R-3 (residential) to
RA-2 (residential apartment/office).
BOARD DISCUSSION Guiffrida asked that a map of the growth policy be displayed on the
monitors and noted it is important that everyone sees the entire
section of West Reserve Drive as it changes from the high -density
commercial development off of Hwy 93 to Stillwater Road. He
noted along the north section of West Reserve there are sections
that are high -density residential development that are broken up by
suburban residential areas and asked why doesn't the high -density
residential extend the entire length of West Reserve on the north
side? LeClair said north of West Reserve is already developed as
low -density residential with Stillwater Estates and Country Estates
further to the east. Guiffrida asked is it common practice not to
extend the potential growth policy designation over an area that is
already developed and LeClair said yes, to up -zone a property that
is already developed, especially recently developed residential,
would be uncharacteristic.
Guiffrida noted there was the impression that this would be spot
zoning however as he understands now the city does not overlay an
existing residential neighborhood. Jentz said he was involved when
the property was changed to higher density because it is right
across the street from a high school, a major commercial area and
Kidsports so it made sense to change the undeveloped property to
encourage a higher level of development.
Guiffrida asked if any use other than school district or public uses
would be allowed on the property south of this subdivision and
LeClair said no. Guiffrida asked for clarification on the uses
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 2 of 10
allowed within the Starling PUD and LeClair said there are some
limited commercial pods planned for the PUD some of which
would be located at the intersection of Stillwater Road and West
Reserve. LeClair added there is also the potential for 2000 — 3000
residential units which could be a mix of multi -family, single-
family, duplex and townhomes.
Guiffrida said as outlined within the applicant's submittal and
moving from the potential of having an apartment -based building
plan to office -type buildings are we assuming that the traffic will
be routed to West Reserve Drive or through the subdivision onto
Taelor Road. LeClair said Taelor Road would be the primary
access point but there is nothing to say that the traffic couldn't be
routed onto Stillwater Road. Because of the close proximity of the
round -about another access road onto West Reserve Drive would
not be allowed but they haven't looked at Stillwater Road.
Hannah recapped the discussions regarding the growth policy
designation and the fact that a portion of this property already
allows high -density residential and he asked if that high -density
residential classification was approved with the final plat of West
View Estates or later. LeClair said when the property was annexed
the initial zoning was RA-1 for that 10 acres in 2003.
Regier noted #1 in the criteria states the development will be
reviewed and he asked what type of review will take place. LeClair
said it will be reviewed by the planning & building, public works,
police, parks & recreation and fire departments through the Site
Review Committee and any proposed commercial will also go
through the Architectural Review. Compatibility with the
neighborhood, parking, landscaping, storm drainage plans, and
setbacks will be reviewed at that time.
Graham asked for clarification on the zoning that was approved
upon annexation and LeClair said the RA-1 and R-3 were both part
of the initial zoning. Graham said there is a fence and a natural
boundary around this subdivision and a change to the land use is
being proposed that might allow commercial activity and LeClair
said yes, professional office. Graham asked where else has this
been done in the city. Jentz said the fencing that was installed was
not required by the city. The developer/owner added the fence to
reduce the noise from vehicle and truck traffic, especially along
Stillwater Road where there is a gravel quarry. Jentz continued
there have been areas of the city where the neighborhood has gone
through a transition and zone changes have been requested within
subdivisions. North Meridian Road is an example where the area
once was primarily residential and now it has changed to almost
entirely business. Jentz noted Bloomstone on Four Mile Drive,
although it has not been developed, came through with a re -zoning
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 3 of 10
package to change single family residential to multi -family
residential and commercial in an attempt to find their niche or their
market. However, there is no neighborhood to affect.
Graham said so the city is using the growth policy as a guide to
support this change. Jentz said the zoning there today and the
proposed zoning complies with the growth policy and it is up to the
board to determine if it is appropriate and at what level.
Guiffrida asked if there was an easement between West View
Estates and Stillwater Estates and LeClair said no they are directly
adjacent to each other.
PUBLIC HEARING Greg Vanichkachorn, 170 Taelor Road stated he is in Occupational
Medicine Physician at Kalispell Regional Healthcare and one of his
primary concerns in that role is safety. He is very concerned about
the changes and rezoning that may occur on their property. They
are a neighborhood of young families with many children and the
routing of traffic through their neighborhood would pose a
significant danger to their community. Already in order to get to
the hospital in the morning, secondary to the traffic with Glacier
High School, he goes out the back side onto Stillwater Road, takes
the round -about and to the hospital. He asked if Kalispell approves
the rezoning that they strongly consider adding a traffic signal to
their intersection with West Reserve Drive.
Lisle Pottorff, 125 Essex Place in Stillwater Estates stated his
property abuts West View Estates. They have custom-built houses
with one acre lots and no fences in that part of the development so
they would be sitting right up against some sort of a high -density
apartment/commercial development. Perhaps it makes sense in the
RA-1 area but not in the current R-3 area. He agrees it could affect
property values and the other concerns already noted.
Robert Johnson, 107 West Bowman stated he agrees with all the
negative comments that have been brought up.
Phillip Wilson, 146 Taelor Road stated the congestion this
development will bring into their community is a concern as it is
already congested and also he is concerned about what the
development will do to their property values. He strongly
encourages the board to deny the zone change.
George Heyer, 186 Taelor Road stated he agrees with everyone
who spoke before him. Another issue is the West Valley School is
already very crowded now and to add apartments could really
impact the school.
Dave Mostek, 179 Taelor Road stated he appreciates the
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 4 of 10
opportunity to share his concerns with the board. He also hopes the
zone change will be rejected because they have already purchased
their property, built their home in this subdivision, and invested a
lot of money on improvements. When they moved here from
Florida they knew what the neighborhood would be like and now
he doesn't think they would have moved to this neighborhood had
they known these changes would occur. He is concerned about
their property values and asked if the city would lower their taxes if
their property values go down? He is also concerned about what
type of commercial businesses would be allowed, medical
marijuana shop or a strip club? Mostek wants to know who will
speak for the residents of his community.
Jeremy Ashby, 190 Taelor Road stated he is really concerned about
his property value and the affect that apartment buildings will have
on his neighborhood. They are a tight knit neighborhood and
having a bunch of renters come in defeats the reasons why they
moved there. The intersection of Taelor Road and West Reserve
Drive is already being abused by people making illegal U-Turns
and used by the students of the high school driving through the
field and destroying the landscaping.
Bob Stewart, 1017 Walton Drive stated getting out of their
subdivision has been a problem for four years and finally the city
agreed to open up another egress onto Stillwater Road which had
helped alleviate some of the traffic congestion. Stewart said he
lives in Stillwater Estates and they are lucky to live there because it
is full and they are locked in and this change won't affect them that
much. In speaking for the residents of West View Estates they
have beautiful houses and they bought into that neighborhood
thinking that it would continue to be a beautiful, family
neighborhood. Multi -family residential brings in renters who don't
really care about the property because they don't own it.
Commercial businesses will bring people driving through their
neighborhood who don't live there and could cause a crime spree.
Ramesh Ravipati, 158 Taelor Road stated he built his house one
year ago which he spent all of the money he has earned on the
house. Then to find out that within one year these changes are
happening that would change their property values and his whole
family is upset. Knowing how they feel he hopes the board will "do
good for them."
Eric Mulcahy, Sands Surveying stated that he is representing Mark
Owens, who is the owner of this property. Mr. Owens came to
them about six months ago regarding this zone change and he
noted their office worked with Mr. Owens on the original
development of West View Estates about 10 years ago. At the time
this project was approved with the original zoning of these 10 acres
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 5 of 10
was zoned RA-1 that allows multi -family residences so it has
always been a part of the plan. Mr. Owens has done an admirable
job of trying to create a neighborhood that folks want to live in and
on his own dime, not at the request of the city he built the wall
around the project to mitigate the noise from the truck traffic that
comes from all the gravel pits north of the site. As the bypass
continues to develop and West Reserve develops into a major
traffic link the land use pattern is now more in line to what the
growth policy had always anticipated. That is why the Starling
development, Glacier Eye Clinic, high school and the forest
service, state lands and emergency service center buildings are all
located around the intersection of West Reserve Drive and
Stillwater Road.
Mulcahy continued in 2008 they had a number of plans established
for multi -family on that site, approximately 76 units on the 10
acres. Then when the recession hit all the plans had to be shelved.
In the meantime Mr. Owens has been approached by businesses
that want to create office space such as a medical office building in
this area so they started to explore the option of the RA-2 which
opened the zoning up to allow the office use. If you look at
transportation manuals and transportation generation for low
density office, which is allowed by the RA-2, the traffic counts
generated would be almost identical to high -density residential.
However with offices the traffic greatly decreases on the weekend
and after 5:00 or 6:00 p.m. Taelor Road has always been designed
as the entrance to the subdivision and located close to the
intersection of West Reserve Drive to funnel the traffic south as
West Reserve Drive is a collector street and is designed to handle a
high volume of traffic.
Pesola asked if they have looked at funneling the traffic from the
RA-1 area to Stillwater Road and is that possible. Mulcahy said
from a collector they would have to be at least 250 feet north of the
intersection and he believes they would have the room to explore
that possibility. LeClair added the RA-1 zone north to south is
around 500 feet from the intersection of the round -about. Mulcahy
said potentially they could look at that.
Graham asked about fencing across the front of the subdivision and
if this zone change was approved are there any plans to separate the
current subdivision from this use. Mulcahy stated it has been
discussed with staff and Mr. Owens has mentioned relocating the
fence to the north border, possibly changing the fence to create
some visibility, or adding a landscape buffer to differentiate
between the single-family and the multi —family or office uses.
Mulcahy noted these discussions are in the beginning planning
stage and the zone change is the first step to determine what the
uses will be.
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 6 of 10
Steve Alejandro, 2001 McMannamy Draw stated his interest in this
is on the education side. How would the resulting increase in the
student population in the West Valley School District be calculated
in light of the proposed addition of high -density residential in this
area? Alejandro added if just 10% of the families in the proposed
Starling subdivision have two kids that are of West Valley School
age it would more than double the current population of students
there. The current bond issue will be inadequate very quickly if we
keep moving forward like this. He asked if the city was looking at
adding another school in the district or planning ahead for real
estate that could possibly accommodate the growth of West Valley
and having a second elementary to Middle School.
Patty Stewart, 1017 Walton Drive stated the safety on West
Reserve Road is a major concern — she likes to walk her dogs, ride
bikes and vehicles don't stop at crosswalks for pedestrian/bikes.
You wait for the vehicles to pass. The traffic from the school is all
day long with practices and concerts in the evenings and adding
more to that congestion is only going to make it worse. Stewart
said for them to pull out of their subdivision vehicles are traveling
way above the speed limit.
Richard Connell, 163 Taelor Lane stated he also works at the forest
service on Stillwater Road and he walks to work every day and
every day he j-walks to avoid the round -about because it is the
most dangerous area for pedestrians. The bench that was placed at
that intersection for the memorial has been knocked out twice so
these traffic/safety issues need to be addressed.
Brian Anderson, 1212 6th Ave E, Kalispell stated he doesn't live in
the area but he also works for the forest service and he has spent
two years coming in from every direction at all hours of the day.
With the round -about and the school traffic, traffic is backed up
almost to the intersection of Highway 93 North and Reserve Loop
at 8:00 a.m. He and his co-workers avoid the round -about.
Greg Vanichkachorn, 170 Taelor Road added he doesn't agree the
traffic will decrease during the weekends especially if the
commercial use is assisted living or a medical clinic. There will be
traffic and EMS vehicles traveling within their subdivision.
Dave Mostek, 179 Taelor Road added suggested the board look at
the area before any recommendations are made. Mostek said the
board needs to understand the issues.
MOTION Guiffrida moved and Pesola seconded a motion to adopt staff
report KZC-13-02 as findings of fact and recommend to the
Kalispell City Council that the area be zoned RA-1 (residential
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 7 of 10
apartment) be rezoned to RA-2 (residential apartment/office) and
leave the R-3 zoning in place for the remainder of the property.
BOARD DISCUSSION Guiffrida said he did take a look at the area, a lot of the board
members do on a regular basis. It is important for them to see what
is going on in the neighborhood before making recommendations
so that they have a clear understanding of potential issues.
Guiffrida said he looks at this as two separate zoning requests. The
current RA-1 zone already allows multi -family buildings. The R-3
zoning at the entrance to the subdivision is completely different
and he has concerns about the transition and traffic impacts. In
comparing the traffic impacts from the RA-1 and RA-2 he feels a
low -density office use would produce less impacts than the
apartments that are already permitted and he thinks this option
might be more beneficial for the neighborhood.
Guiffrida said the office development has the potential for a higher
tax base which is more beneficial to the school district and the
lower density office would not be contributing to the over-
crowding of the schools.
Guiffrida said looking at the neighborhood's needs, how the
property has already been developed to this point, and the fact that
they could already construct apartments in the RA-1 zone he
doesn't see any harm in changing the use to allow office buildings.
The concerns about the traffic and access issues will have to be
seriously looked at through the development process and providing
access onto Stillwater Road and buffers and the possible relocation
of the stone wall will also be considered at that time. Guiffrida
doesn't feel comfortable with the R-3 zoning change at the
entrance of the neighborhood but he does feels comfortable with
changing the RA-1 to the RA-2.
Hannah said he liked the idea and the direction Guiffrida is going
but he asked if that is permissible since the application is for
changing both zones. LeClair said it is permissible as the board is
forwarding a recommendation on to the city council and the
council will have the final decision.
Hannah said he understands the process of buying into something
with a known zoning and then it gets changed and the frustrations
of the property owners. Changing the RA-1 to the RA-2, although
it is hard to envision as being beneficial, he would agree would
lower the amount of traffic, the tax base may increase and the
impact on the school would be minimal. Hopefully as this goes
through the review process it can be its own separate community
by creating the buffer between the offices and single-family portion
of the subdivision and ease the traffic issues by providing a
separate ingress/egress onto Stillwater Road.
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 8of10
Young asked if there is any access from Taelor Road through to the
RA-1 from the east and LeClair said there is currently no access
because to the west of Taelor Road is tract land and access would
have to be granted for any development. LeClair added they would
likely have to go through a subdivision process in order to create
the development unless someone developed the entire area with a
single office complex. The subdivision review would include a
plan to provide all utilities and access from Taelor Road.
Young said but more than likely if we move ahead with Guiffrida's
motion the developer would be encouraged to access onto
Stillwater Road. LeClair said the phasing plan for West View
Estates Phases 1-5 showed access to the residential apartments
from Taelor Road and looping all the way to the far western side
and then heading north and connecting with the road that would be
parallel with Ali Loop. This would provide interconnectivity of the
roads within the subdivision so the residential apartment complex
would have access onto Taelor and to the north.
Graham said he agrees that leaving the R-3 zoning in place is a
good idea. He asked for clarification on the access issues if this
property were developed which LeClair provided. If the city were
to look at a multi -family subdivision they would have to go
through a conditional use permit process and depending on the
density if traffic warrants got to a point where our public works
department said we need to look at a traffic study the city would
then be looking at intersection performance, turn -performances,
queuing and those issues through another public process.
Jentz noted the zone change will be forwarded to the Kalispell City
Council for consideration on Monday, November 4, 2013.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
None.
NEW BUSINESS:
None.
ADJOURNMENT
The meeting adjourned at approximately 8:20 p.m.
NEXT MEETING
The next regular meeting is scheduled for November 12, 2013
beginning at 7:00 p.m. in the City Council Chambers located at 201
1st Avenue East in Kalispell.
NEXT WORK SESSION
The next work session will be held on October 22, 2013 beginning
at 7:00 p.m. in the City Council Chambers located at 201 Is'
Avenue East in Kalispell.
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 9 of 10
/s/ Chad Graham
Chad Graham
President
APPROVED as submitted/corrected: 12/10/13
/s/ Michelle Anderson
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of October 8, 2013
Page 10 of 10
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
DECEMBER 10, 2013
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Phillip Guiffrida, Charles
Pesola, Richard Griffin and Rory Young. Matt Regier and Ken
Hannah were absent. Kevin LeClair and P.J. Sorensen represented
the Kalispell Planning Department.
APPROVAL OF MINUTES
Guiffrida moved and Pesola seconded a motion to approve the
minutes of the October 8, 2013 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 spoke.
OWL CORPORATION ZONE
The request from Mark Owens, with the Owl Corporation, is to
CHANGE
amend the zoning map from RA-1 (residential apartment) to RA-2
(residential apartment/office) and from R-3 (residential) to R-5
(residential/professional office) on a rectangular area measuring
17.7 acres on the north side of West Reserve Drive from Stillwater
Road to Taelor Road, up to and including Lots 1-5 of the West
View Estates Subdivision. The area extends from West Reserve
Drive northward approximately 570 feet. The owner is seeking the
option to develop professional offices along with multi -family
housing in the area.
STAFF REPORT KZC-13-02
Kevin LeClair, representing the Kalispell Planning Office reviewed
Staff report KZC-13-02 for the board.
LeClair reviewed the public hearing that was held on October 8,
2013 and the recommendation by the planning board to approve the
zone change for property currently zoned RA-1 (residential
apartment) to RA-2 (residential apartment/office) and leave the
remainder property currently zoned R-3 (residential) unchanged.
After that meeting the applicant met with staff on an amendment to
the zone change request to change the RA-1 property to RA-2 but
then change the R-3 (residential) to R-5 (residential/professional
office). A work session was then held with the planning board to
discuss changes and it was agreed that another public hearing
needed to be held in order for the public to be notified of the
amendment to the zone change request.
LeClair noted that according to the city's growth policy high
density residential district may be mixed with professional offices
and various low -intensity commercial and institutional uses
Kalispell City Planning Board
Minutes of the meeting of December 10, 2013
Pagel of 7
particularly where located along urban arterials and as appropriate
to the neighborhood. RA-2 and R-5 are both in compliance with
the growth policy designation.
LeClair reviewed photographs of the property and a zone
comparison chart for the board.
LeClair noted prior to the writing of the staff report no comments
on this alternate proposal had been received but since then one
letter has been received from a Stillwater Estates resident who
indicated he is in support of the proposed zone change.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KZC-13-02 as findings of
fact and recommend to the Kalispell City Council that the area
zoned RA-1 (residential apartment) be rezoned to RA-2 (residential
apartment/office) and the area zoned R-3 (residential on either side
of Taelor Road, including Lots 1-5 of West View Estates be
rezoned to R-5 (residential/professional office).
BOARD DISCUSSION Guiffrida asked who was notified of the work session and LeClair
said notices of the work session and this public hearing were sent
to the adjoining property owners within 150 feet of the zone
change request and to the citizens who either attended the public
hearing in October or had sent in comments.
Guiffrida said looking at the potential changes and the uses that
would require a conditional use permit (CUP) would they be
administrative CUP's or board recommended and council approved
CUP's? LeClair said they would be handled through the full
conditional use process with a public hearing and council approval.
Guiffrida continued when the developer initially went through the
process to develop the subdivision and the RA-1 zoning was put in
place was there an indication of how many high density apartments
could be built on that property and Mr. Owens said 148.
Guiffrida noted townhouses are a permitted use in an R-5 zone
and he asked how the Equivalent Residential Units (ERU) are
calculated for townhouses and Sorensen said a townhouse would
be 1 ERU — the same as a single family home. The reduction would
be for a duplex or apartment.
APPLICANT/TECHNICAL Eric Mulcahy of Sands Surveying noted he is representing the
SUPPORT applicant Owl Corporation. Mulcahy said since the work session
the developer; Mark Owens contacted the homeowners of the West
View Estates subdivision and invited them to a neighborhood
meeting at the Village Greens Golf Course clubhouse on December
2"d Mulcahy noted there were 8 homeowners who attended the
Kalispell City Planning Board
Minutes of the meeting of December 10, 2013
Page 2 of 7
meeting and they presented the amended proposal to the
homeowners at that time.
Mulcahy reviewed a power point presentation indicating the
current zoning, the zone change proposed at the October 8"'
planning board meeting, the board's recommendation to city
council and the current zoning proposal for the board.
Mulcahy noted at the first public hearing a question was brought up
about examples of other subdivisions that were approved with a
residential subdivision that have a neighborhood commercial or
office professional component adjacent to them and the examples
provided were as follows: Buffalo Stage Professional Offices;
Country Village Neighborhood Business Park at the corner of
Whitefish Stage and West Reserve; Whitefish Stage Professional
Park — next to the golf course; The Greenery Office Park on Four
Mile Drive; and Buffalo Commons.
Mulcahy said they amended their conceptual drawing to look at
what could be done on the east side of Taelor Road to compliment
a professional office area at the entrance of the subdivision that
would blend into the RA-2 professional office/multi-family
residential. The concept would reduce the massing of the
structures, creating yards fronting onto Taelor Road as opposed to
parking lots, and creating landscape buffers that would separate the
single-family residential development on the north from the multi-
family/professional office to the south. They would also carry the
landscape buffer around to the east to create a buffer/landscaped
area between this development and Stillwater Estates.
Pesola asked how wide would the buffer area be and Mulcahy said
25 feet of organic material and they also talked about incorporating
a wall into the berming that would create a nice distinction between
the uses.
Griffin asked if Taelor Road would become a city street and
LeClair said it is already. Griffin asked if the developer would
consider moving the egress from the parking lot of the buildings on
the northwest of Taelor Road further south which would then direct
traffic from the offices eventually to the junction of Taelor Road.
Then if necessary, Griffin continued a four-way stop could be
installed at that intersection. Mulcahy said they could possibly
move the buildings around to accommodate that design and either
stop signs or a four-way stop could be installed based on traffic
warrants.
PUBLIC HEARING Lisle Pottorff, 125 Essex Place stated his property backs up to the
R-3 section. Pottorff noted they thought this had already been
decided and then this new proposal came up. The pictures are nice
but when they get done with this thing they could put in a
Kalispell City Planning Board
Minutes of the meeting of December 10, 2013
Page 3 of 7
crematorium behind his house. They have one -acre lots in
Stillwater Estates and they don't normally even put up fences and
putting in high density apartments will change the character of the
land quite a bit even if walls and trees are put in especially on the
east side of Taelor Road. Pottorff suggested that if this is approved
the developer needs to be locked in to whatever they do so he
knows for sure what they will get.
Nicole Heyer, 186 Taelor Road stated she actually lives in West
View Estates unlike the developer. There are many children who
live and ride their bikes in their neighborhood and she wants her
son to be able to go out and play without worrying about parking
lots, businesses and traffic. This is a walled -in neighborhood
where people live and care what happens in their neighborhood.
She doesn't want to lose any more money on her investment and
she doesn't want to lose any kids from the traffic generated by the
businesses.
Dave Mostek, 179 Taelor Road stated he also lives in this
community. Mostek wants to know who will represent the people
who actually live there. Although he and Nicole look like the only
voices in the wilderness he spoke to all of his neighbors and all but
one of them are against this zone change.
Mostek stated the developer's ability to build commercial or multi-
family buildings on this property was never disclosed to him or any
of the other residents of this subdivision — it was not in the
covenants. Whose responsibility was it to tell the buyers that? He
would not have bought in this neighborhood or spent $35,000 -
$50,000 on improvements had he known the types of businesses
that could be built in their subdivision. No real estate agent told
them this either.
Mostek added this is similar to a dictatorship as they no longer
have any say in what happens in their neighborhood. Last year
they had an annual meeting to discuss reducing the required square
footage of a house from 1800 square feet to 1200 square feet and
although the homeowners where against it the developer owned the
majority of the lots and it was changed. Now it is condos or
apartments and businesses. They may have every right to do this
but he would like for an attorney to tell him that and to know what,
if any, recourse they have.
MOTION Griffin moved and Young seconded a motion to adopt Staff Report
KZC-13-02 as findings of fact and recommend to the Kalispell City
Council that the area zoned RA-1 (residential apartment) be
rezoned to RA-2 (residential apartment/office) and the area zoned
R-3 (residential on either side of Taelor Road, including Lots 1-5
of West View Estates be rezoned to R-5 (residential/professional
Kalispell City Planning Board
Minutes of the meeting of December 10, 2013
Page 4 of 7
office).
MOTION TO AMEND Guiffrida moved and Pesola seconded a motion to amend the
original motion by deleting the following wording from the
original motion: "and the area zoned R-3 (residential) on either side
of Taelor Road, including Lots 1-5 of West View Estates be
rezoned to R-5 (residential/professional office)."
BOARD DISCUSSION Guiffrida said he thought about this since the last meeting when he
made the motion to change the RA-1 to RA-2 only. He cannot
support the change from R-3 to R-5 because it would change the
densities and he feels that would not be fair to the residents of West
View Estates.
Guiffrida noted this recommendation still needs to go before the
Kalispell City Council for approval. This will provide the public
with another opportunity to comment on the proposal.
Young said he feels the amendment to the motion would be fair for
the residents and he supports it. The change from RA-1 to RA-2
will allow the developer more leeway than he has at this time.
Young added asking for both to be changed is asking for the whole
hog not just a part of it.
Griffm said he will vote against the amendment to the motion
because looking 10 years down the road there will be 11 or more
residences backing into that road v. three parking lot exits. Most of
the traffic will occur when most residents are at work and there will
be very little weekend traffic from professional buildings. Griffin
said for long-term planning the best use of the two strips of land on
either side of Taelor Road will be professional office.
Guiffrida said he tries to put the conceptual part of it aside and
remember they are reviewing a zone change and the board has to
look at the zoning and what is permitted and what is not permitted.
Conceptual drawings are great but things can happen to change
them.
Pesola said he agrees with the amendment to the motion because in
this case he doesn't think the risk is worth the reward in changing
that area. The concepts are great but there is no guarantee what will
actually happen there. Pesola agrees the RA-1 to RA-2 is worth
the risk.
Graham said he supports the amendment to the motion. When he
asked for examples of where else in the city
commercial/professional office uses have been mixed with
residential the intent of the question was when has it been changed
from one zoning use to another use. The examples provided were
Kalispell City Planning Board
Minutes of the meeting of December 10, 2013
Page 5 of 7
originally planned that way not changed later. This would make
sense if it was the original subdivision approval being approved but
it is not, people live there.
ROLL CALL TO AMEND
The motion to amend the original motion by deleting the wording:
MOTION
"and the area zoned R-3 (residential) on either side of Taelor Road,
including Lots 1-5 of West View Estates be rezoned to R-5
(residential/professional office)." passed on a roll call vote of 4 in
favor and 1 opposed.
ROLL CALL ON ORIGINAL
The motion, as amended, passed unanimously on a roll call vote.
MOTION
OLD BUSINESS:
None.
NEW BUSINESS:
Guiffrida noted Chairman Graham was elected as a city
councilman so there might be some changes to the make-up of the
planning board in the near future. State statute requires that one
council representative serve on the planning board and Guiffrida is
currently that representative. There is some verbiage in the law
that states there could be two but he doesn't think the council feels
that two would be necessary. Both councilmen will be on the
board until April 30th which is when the new appointments will be
made.
LeClair noted Matt Regier has requested a 4 — 5 month leave of
absence as he has an opportunity to finish his graduate degree in
another state. LeClair said the planning board rules refer to a
certain number of absences and if a member misses more than
three meetings in a given year the member would be asked to step
down. Matt expressed an interest in staying on the board and if the
board were willing to hold his seat and consider his absences
excused he would like to come back to the board when he returns
from his studies. The board discussed the request and agreed that
the board would consider Regier's absence excused and the seat
remain open until board member Regier returns.
ADJOURNMENT
The meeting adjourned at approximately 8:10 p.m.
NEXT MEETING
The January 14, 2014 regular meeting is cancelled due to lack of
applications but a work session will be held to continue discussions
on the Growth Policy update.
The next regular meeting is tentatively scheduled for February 11,
2014 beginning at 7:00 p.m. in the City Council Chambers located
at 201 1"Avenue East in Kalispell.
Kalispell City Planning Board
Minutes of the meeting of December 10, 2013
Page 6 of 7
Chad Graham
President
APPROVED as submitted/corrected: / /14
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of December 10, 2013
Page 7 of 7