Planning Board Minutes - September 12, 1995KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
SEPTEMBER 12, 1995
CALL TO ORDER The regularly scheduled meeting ofr fije�''-r`Kalispell - City -County
AND ROLL CALL Planning Board and Zoning Commission was called to order by
Vice -Chair Pam Kennedy at 7:01. p.m. Board members present were
Walter Bahr, Robert Sanders, Mike Fraser,''Milt Carlson, Michael
Conner and Pam Kennedy. Excused absences were Fred
Hodgeboom and Robert Lapp. President Therese Hash declared a
conflict of interest on the first two agenda. items and did not
preside over the meeting during those public hearings. John
Parsons, Senior Planner represented the Flathead Regional
Development Office. Brian Wood, Zoning Administrator represented
the City of Kalispell. There were apptoximately.:80 people in
attendance.
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APPROVAL OF The minutes of the August 8, 1995 meeting" were approved as
MINUTES submitted on a motion by Carlson, second by, Conner. All members
present voted aye.
WEST
The first public hearing item was introduced `which; was a
EVERGREEN
continuation of a request by Tom Sands on behalf of _.the Patty
MANOR /
Shelton Trust/Mike Seaman for - preliminary . plat approval of an
MANUFACTURED
amended submission on 12.08 acres of land," as a 44 space mobile
HOME PARK /
home park and one (1) space for a manger's residence. The
PRELIMINARY
project is to be known as West Evergreen Manor. The project
PLAT /
location is on the southeast corner of West Evergreen Drive and
CONTINUATION
River Road approximately 2000 feet west of US Highway 2 in the
NW 4 of Section 4, Township 28 North, Range 21_West, P.M.M.,
Flathead County, Montana.
Staff Report
Parsons gave a detailed presentation'= -of `report #FPP-95-09. In
addition to the staff report, several letters were submitted to the
Board from various agencies that were received after the staff
report was written. The most signifi Ifec•Is of the proposed
subdivision is the impacts on the . schools and , road: system. A
letter was received from the Evergredh School District. Two
letters were received from the County Road` Department, one dated
September 8, which indicates upgrading for River Road and West
Evergreen Drive. A letter dated September 12 indicates what
those upgrades should be. These, recommendations are
incorporated into additional conditions 'of -approval handed out to
Board members. Based on staff's evaluation •of the proposal, it i,
recommended that preliminary plat be approved for West
Evergreen Manor for a total of 43 space mobile home park, subject
to 28 conditions of approval.
�j GA:
safety slope of 3 to 1, in accordance with the Flathead County
Road and Bridge Department requirements." The motion failed for
lack of a second.
The request by a member of public for a security fence was
discussed, and decided that it would not be added as a condition.
Motion Bahr moved to adopt report #FPP-95-16, and recommend to the
County Commissioners approval of the preliminary plat for West
Evergreen Estates, with the 24 conditions as recommended by
staff. Sanders seconded. On a roll call vote Bahr, Sanders and
Kennedy voted aye. Conner, Carlson and Fraser voted no. The
vote was tied at 3-3.
Conner said that he was bothered that we did not approve this
proposal and we approved the trailer court subdivision. I think
we are dealing with the cumulative effects of the safety out there.
It is not that I don't feel that the criteria for a stand alone
subdivision has not been adequately addressed, it is a moral issue
with me.
Further discussion followed. The Board agreed to send a tie vote
"=xfiyr` to the Commissioners.
The meeting was turned over to President Hash for the remainder
of the public hearings.
MONTESSORI Hash introduced a request by Steven and Sara Welder for a
SCHOOL / Conditional Use Permit in the RA-1 zone to allow an addition to a
CONDITIONAL classroom at the existing Montessori School located at 5 Park Hill
USE PERMIT Road. Construction would include a 170 square foot footprint in
a 2-story addition to the existing structure. The property is
more particularly described as Lots 3 and 4 of Block 2, Willis
Addition in Kalispell.
Hash announced that her children attend Montessori School. The
Board determined that it was not a conflict of interest.
Staff Report Parsons presented an overview of report #KCU-95-04. The
request was evaluated in accordance with the necessary criteria
and staff recommended three conditions of approval.
Public Hearing The public hearing was opened to those in favor of the conditional
use permit.
In Favor Terry Welder, 11 Park Hill Road, the applicant, spoke in favor.
The addition is insignificant, and he wanted to assure the Board
that they are very sensitive to the neighborhood. The addition
is a greenhouse for enhancement of the science classroom. We
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have no intention of expanding. We will not be adding any
students and no extra traffic.
Kim Larson, technical assistant, wanted to mention that on the
lower floor of the expansion area, they have a changing area in
the foyer, where there is congestion. What they are trying to do
is move the changing area off the classrooms, so it is not in the
entrance corridor. So, in a sense they are relieving some
congestion on that first floor.
There was no other speakers in favor of the proposal. No one
spoke in opposition. The public hearing was closed and it was
opened to Board discussion.
Motion Fraser moved to adopt report #KCU-95-04 as findings of fact and
recommend granting the conditional use permit with the
recommendations contained therein. Bahr seconded. On a roll call
vote Bahr, Sanders, Kennedy, Fraser, Conner, Carlson and Hash
voted aye. The motion carried unanimously.
GRAHAM ZONE Next, Hash introduced a request by Lawrence D. Graham, et al,
CHANGE / for a change in zone from SAG-10 (Suburban Agriculture, 10 acre
SAG-10 TO minimum lot size) to SAG-5 (Suburban Agriculture, 5 acre minimum
SAG-5 lot size) as defined by the Flathead County Zoning Regulations.
The properties total approximately 40 acres located along the west
side of Ezy Drive on the south side of East Reserve Drive, in the
NE4 of Section 34, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Staff Report Parsons presented report #FZC-95-09. Five (5) properties with a
combined acreage of approximately 40 acres is being proposed for
the rezone. There are two issues that may arise. One is that the
northern most parcel of land is almost entirely within the 100 year
floodplain. The other issue is that technically, each of the parcels
are less than 10 acres. However, the County is deeding back
many of its roads to the property owners and accepting easements
in return. In doing that, the ROW that had been excluded from
=° the lot area can now be included in the area of the parcels, in
the Agricultural zones, only. To staff's understanding, this has
not been done, yet. The request was reviewed in accordance with
the statutory criteria for a zone change, and based on those
findings, staff recommended the zone change be granted from
SAG-10 to SAG-5.
Public Hearing The public hearing was opened to those in favor of the zone
change.
In Favor Doug Cusick, 550 Ezy Drive, speaking on behalf of Larry Graham
and the other three property owners that are involved in this
request for a zone change. It has been their plan for quite some
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time to split our land to supplement our retirement income, and to
help our children with their housing needs. The properties in
question are basically too small to farm, but too large to take care
of without large farm equipment. By dividing the lots, it will
clean up an area that is covered with brush and dry grass.
During fire season it will provide a water supply for fire
protection. We felt that 5 acre parcels would not be concentrated.
All buildings involved would be essentially the same. Any new
buildings would be built to city building codes.
Tom Weaver, 747 East Reserve, stated that he has no problem with
his neighbors splitting their land. I did that to mine a long time
ago. The only concern I have, is that I have a private airstrip
on the piece of property north of this area, just so people will be
aware that I approach and land over the property in question.
Harold Lawson, 450 White Birch Lane, spoke in favor of the zone
change.
Greg Cusick, 434 Ezy Drive, said he is also in favor.
�4 Gary Gustufson, 320 Harrison Blvd., said he has lived next to this
property for over 20 years. It has always been my understanding
a ° that it would be divided, which is what all the properties in that
y area are. Anything smaller than 5 acres, I wouldn't agree with,
but there are 5's and 10's all around the area.
Linda Cusick, 1405 4th Ave. West, spoke in favor of the zone
change.
Cara Boca, 212 7th Ave East, said she was in favor.
There were no other speakers in favor of the zone change. No
one spoke in opposition. The public hearing was closed and it
was opened to Board deliberation.
Discussion Kennedy questioned whether the SAG-5 was a spot zone, as there
is no other SAG-5 in the area. Parsons replied that it is in
conformance with the Master Plan, and there is R-1 and R-2 zones
nearby, so SAG-5 would serve as a buffer to the SAG-10. It will
probably set a precedence for future zone changes, however it is
not an undesireable precedent.
Motion Kennedy moved to adopt the findings of fact in report #FZC-95-09
and to recommend approval of the Graham zone change from SAG-
10 to SAG-5. Bahr seconded. On a roll call vote all members
present voted aye. The motion carried unanimously.
MARSHALL The next item was introduced which was a request by the City of
ZONE CHANGE / Kalispell on behalf of Jon and Jean Marshall for annexation to the
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R-4 (COUNTY) City of Kalispell with an initial zoning classification of RA-1, Low
TO RA-1 (CITY) Density Multi -Family Residential. The parcel contains
approximately 6,000 square feet located approximately 150 feet east
of 5th Avenue East, 400 Feet south of 18th Street East.
Staff Report Parsons presented an overview of report #KA-95-9, and
recommended the requested RA-1 zone classification be granted
upon annexation.
Public Hearing Jon Marshall, 21128 East Shore, Bigfork, the property
owner/applicant, spoke in favor of the requested zone upon
annexation. It just makes sense for that piece of property, as it
is adjacent to similar properties in the area.
There being no further testimony either in favor or in opposition
to the requested zone change, the public hearing was closed and
it was opened to Board discussion.
Motion
Fraser moved to adopt report #KA-95-9 as findings of fact, and
forward a favorable recommendation to City Council for the City
zone request of the Marshall Addition No. 269 with an initial
zoning of RA-1. Kennedy seconded. On a roll call vote all
a
members present voted aye. The motion carried 7-0 in favor.
DYE ZONE
Hash introduced the next public hearing on a request by William
CHANGE /
and Barbara Dye and Benchmark Homes for a change in zone from
R-3 TO R-5
R-3 (Urban Single Family Residential) to R-5
(Residential/Professional Office) on approximately 0.87 acres. The
properties are located on the northwest corner of Liberty Street
and Meridian Road, more particularly described as Lots 5, 6, 7,
and the east 43 feet of Lot 9, Block 1, Adams Addition in the City
of Kalispell.
Staff Report Parsons presented report #KZC-95-05. The request was evaluated
in accordance with the necessary statutory criteria and staff
recommended that the zone be changed from R-3 to R-5.
Public Hearing The public hearing was opened to those in favor of the requested
zone change.
In Favor Tim Stresnick of Benchmark Homes, 185 Cheviot Loop, Kalispell,
spoke in favor of the zone change. The reason we are requesting
the zone change is that we would like to purchase this residence
and use it for our business. Our business is the designing and
building of custom homes and small commercial projects. We also
have a real estate company. The R-5 zone will allow us to operate
our businesses, which we feel are very consistent with what is
happening on North Meridian Road. With the widening to four -
lanes we feel it would be the best and appropriate use would be
as a business use. We would like to keep the architectural look.
f+ 1
We love it and think it is beautiful and do not want to change
that, because it will be a great look for our building business.
We want to paint, put a new roof on it, landscape and refurbish
it.
Barbara Dye, 1060 North Meridian, stated that she was in favor of
the zone change, and felt the plan would put the property to
good use.
Bill Dye, 1060 North Meridian, said he was in favor of the zone
change request.
Mark Wedis, architect with Benchmark Homes, explained that their
company does not operate and store heavy equipment. This will
be a clean business use in the neighborhood. We want to maintain
the architectural integrity of the building.
Robert Putnam, 1080 North Meridian, which is two houses north of
this property, said I am in favor of this, because every year you
can see Meridian Road has two or three more businesses going in
there. It is not a desirable residential place anymore. When we
built out there in 1947, it was a nice quiet country road. Now,
every morning, the logging trucks shift coming into that STOP
sign, and start again, so it really bothers us every morning. You
can't even get onto North Meridian until after 9 a.m.
There were no other proponents. The public hearing was opened
to those opposed.
Opposition Robert Elwood, 209 Rosewood, said he was not opposed, but had
concern that there would be a big parking lot next to his
property that would impact the residential area. We like the area
the way it is now. It is a residential area, and we are concerned
that this will decrease the value of our property.
He submitted a letter from his neighbor who also had the same
concerns to the zone change, as follows:
Steve Cislo, 215 Rosewood Drive: I oppose the zone change
because it would reduce the value of my property.
There being no further opponents, the public hearing was closed
and the meeting opened to Board discussion.
Discussion Fraser commented that there are other more intensive zones in the
area, such as RA-1 and B-1, which allows much more intensive
uses. The R-5 is a residential zone and seems rather innocuous
in this particular area.
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Kennedy asked when the right of way for the widening of North
Meridian would be addressed?
Parsons responded that would be done with negotiations between
the City, the State and private property owners. We are
considering the ROW to be 80 feet, and any development that
occurs along Meridian Road is being requested to establish an
additional setback for their buildings and parking areas to allow
for landscaping.
Kennedy asked how the additional parking requirements will be
addressed?
Parsons responded that this application is for a zone change to
R-5, therefore any use allowed in the R-5 zone can go in there.
When the conversion of the property from residential to
commercial occurs, it has go through the Site Plan Review
Committee and obtain a building permit. It would not come to a
public hearing unless the use is required to have a conditional
use permit. Parsons went on to explain that when the North
Meridian Plan was being developed, this area was considered for
RA-3 zoning, which is a very intensive residential zone. We felt
that the R-5 request was a better use of the property than an
RA-3.
Hash remarked that North Meridian is being impacted severely by
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the development that is occurring. Any zone change that would
in some fashion, put a lid on a higher intensive use, I would be
supportive of. I feel that a low intensity commercial use would be
favorable over another apartment complex. You will not get the
traffic and numbers of bodies that you would with a multi -family
complex, as well as preserving the beautiful house.
Motion
Kennedy moved to adopt report #KZC-95-05 as findings of fact and
recommend the zone be changed as requested from R-3 to R-5.
Fraser seconded. On a roll call vote all members present voted
aye. The motion carried on a 7-0 vote in favor.
HAGERMAN
Hash introduced a request by Muriel Hagerman, et al, for a change
ZONE CHANGE /
in zone from RA-1 (Low Density Residential Apartment) to RA-3
RA-1 TO RA-3
(Residential Apartment/Office). The properties are approximately
4.8 acres and are generally located on the south side of 18th
Street West and on the west side of Airport Road, with access to
both 18th Street West and Airport Road, and are more particularly
described in "Exhibit A" of report #KZC-95-04.
Staff Report Parsons presented an overview of report #KZC-95-04. The
requested zone change from RA-1 to RA-3 meets all the necessary
criteria, and staff recommended approval.
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Public Hearing The public hearing was opened.
In Favor
Brian Wood, Zoning Administrator, represented the Hagermans and
the City of Kalispell. The City is one of the applicants as the
owner of the Courtyard Apartments. The emphasis behind the
Hagermans applying for this zone change is primarily the
changing character of the neighborhood down there. The traffic
has increased dramatically on Airport Road and 18th Street. A lot
of people are using Airport Road as a bypass to avoid traffic on
Hwy 93. The City has adopted a neighborhood plan for the
airport, and by doing so, the City plans to expand and improve
the airport, and expand commercial/industrial uses in that
neighborhood. The whole neighborhood got together to request
the rezone.
Parsons pointed out that there is one parcel left out of the rezone
request, which is a mobile home park.
There being no further public comment, the public hearing was
closed and the meeting opened to Board discussion.
Discussion Hash asked staff to read through the list of allowed and permitted
uses in the RA-3 zone.
Motion Kennedy moved to adopt FRDO staff report #KZC-95-04 as findings
of fact, and forward a favorable recommendation for the zone
change request from RA-1 to RA-3. Bahr seconded. On a roll call
vote all members present voted in favor. The motion carried 7-0.
TEXT Hash introduced a request by the City of Kalispell for a Zoning
AMENDMENT / Ordinance text amendment to change Section 27.26.050(22) Grocery
Supermarket or Supermarket parking requirements from one (1) parking space
Parking & per 100 feet of public floor area plus one (1) space per 200 square
Cluster feet of storage and office to 1 parking space per 250 feet of gross
Development floor area. In addition, changing Section 27.35.030(1) from
requiring a minimum of two (2) acres (21,300 square feet in the
Redevelopment Area) before a cluster development could be applied
for to 21,000 square feet minimum to begin a cluster development.
Staff Report Parsons presented staff's request to amend the zoning ordinance
text as proposed in FRDO report #KZTA-95-3, to change the ratio
for grocery store parking requirements and reduce the minimum
size for a cluster development in an urban setting.
Public Hearing The public hearing was opened. There was no one to speak either
in favor or in opposition to the text amendments. The public
hearing was closed.
Discussion The Board discussed the reasons and ramifications of the two
proposed text amendments.
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Brian Wood relayed information regarding parking requirements
for supermarkets, stating that Tidyman's engineers based their
needs on 4 spaces per 1,000 square feet of gross floor area. This
equates to 1 space per 250 square feet as proposed for the text
amendment.
The Board agreed that even during peak seasons, the parking at
Ticyman's is adequate. The concept of a cluster development is
to provide more green space and open areas. The Board
concurred with that and were favorable to the zoning ordinance
text amendments as proposed.
Motion Carlson moved that the Kalispell Zoning Ordinance text be amended
as proposed in report #KZTA-95-3, as follows:
Chapter 27.26 Off Street Parking.
Section 27.26.050(22). Grocery and supermarkets: 1 space per
250 square feet of gross floor area.
Chapter 27.35 Cluster Developments - Dwellings.
Section 27.35.030(1). Minimum area of the development shall be
not less than 21,000 square feet.
Kennedy seconded the motion. On a roll call vote Sanders, Bahr,
Carlson, Conner, Kennedy, Fraser and Hash voted aye. Motion
carried unanimously.
OLD BUSINESS Parsons announced that there was nothing on the agenda for the
October meeting. He suggested the Board hold a workshop at the
regular October meeting to discuss the revised subdivision
regulations. The Board requested that staff also schedule a
discussion of impact fees.
NEW BUSINESS The October meeting will be held on Thursday, October 12th, due
to the Columbus Day holiday.
ADJOURNMENT There being no further business, the meeting was adjourned at
10:00 P.M.
Therese^ r�x�a P sident
Elizabeth Ontko, Recording Secretary
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