10. Resolution 4264 - Buffalo Hill Golf Course Island - Annexation and ZoningRESOLUTION NO. 4264
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
ASSESSOR'S TRACTS 5AC AND 5D, AND ROAD ABANDONMENT #84, LOCATED IN
SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS BUFFALO HILL GOLF COURSE COUNTY
ISLAND ADDITION NO. 274; TO ZONE SAID PROPERTY PUBLIC, P-1, TO
AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from
the City of Kalispell, the owner of the property described as
Assessor's Tracts 5AC and 5D, and Road Abandonment #84, located in
Section 6, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, requesting that the City of Kalispell annex the
territory into the City with a Public, P-1 zoning classification,
and
WHEREAS, the Flathead Regional Development Office has made a
report on Buffalo Hill Golf Course County Island Addition No. 274,
Annexation and Zoning Request, #KA-96-4, dated April 1, 1996, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell and be zoned Public, P-1, and
WHEREAS, based upon the report of the Flathead Regional
Development Office and the recommendation of the Kalispell City -
County, Planning Board and Zoning Commission, the City Council of
the City of Kalispell finds that the recommended zoning
classification for the territory is appropriate based upon the
following criterion:
Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County
Master Plan as "Public." The requested P-1 zoning
classification is in conformance with that designation.
Is the requested zone designed to lessen congestion in
the streets?
No development is likely to occur on this property, thus
lessening congestion in the streets.
Will the requested zone secure safety from fire, panic,
and other dangers?
No uses on this property other than recreational is
anticipated. In the case of a medical emergency, access
to the site can be accomplished.
Will the requested zone promote the health and general
welfare?
The general health and welfare of the community will be
promoted by providing areas for public recreation as
proposed under this zoning.
Will the requested zone provide for adequate light and
air?
No development is likely to occur on this property and it
will remain in use as part of the golf course, thus
providing adequate light and air.
Will the requested zone prevent the overcrowding of land?
No private development or other development will likely
occur on this land which will result in permanent open
space and reduce the overcrowding of land.
Will the requested zone avoid undue concentration of
people?
No development can be anticipated to occur on this
property which would result in the undue concentration of
f
people.
r
Will the requested zone facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and
other public requirements?
This property will further the goals of providing
adequate public recreational services to the community.
Does the requested zone give consideration to the
particular suitability of the property for particular
uses?
Currently this property is used as part of the Buffalo
Hill Golf Course and will continue to be used as such.
The P-1 zoning facilitates the continuance of the use of
the property for public recreation.
Does the requested zone give reasonable consideration to
the character of the district?
Most of the area surrounding this property is designated
as P-1, Public. This zoning is consistent with the
character and zoning in the area.
Will the proposed zone conserve the value of buildings?
E
Value of the buildings in the area will be conserved by
keeping this property as public use and open space
because the residential property owners in the area
consider this property an amenity that adds value to
their homes.
Will the requested zone encouraqe the most appropriate
use of the land throughout the municipality?
Continuing this property to be used as part of the
Buffalo Hills Golf Course encourages the continuation of
the current use of the property which is the most
appropriate use of the land for the community and
municipality.
WHEREAS, on the 6th day of November, 1995 the City Council of
the City of Kalispell adopted, pursuant to Section 7-2-4610,
Montana Code Annotated, an Extension of Services Plan which
anticipates development of City services for approximately five
years in the future, and
WHEREAS, the City has caused to be developed a "mini -extension
of services plan", attached hereto as Exhibit "A" and thereby made
a part hereof, for the territory by this Resolution annexed to the
City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Buffalo Hill Golf Course County Island
Addition No. 274, subject to annexation, including water, sewer,
storm drainage, streets, garbage collection, police protection and
fire protection, and
WHEREAS, said "mini -extension of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing funds allocated and expended,
pursuant to the annual City budget without incurring additional
bonded indebtedness, and
WHEREAS, Buffalo Hill Golf Course County Island Addition No.
274 is included within and conforms to the Kalispell City -County
Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 46, Montana Code
Annotated.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
3
SECTION I. That all the real property as is more
particularly described as Assessor's Tracts 5AC and 5D,
and Road Abandonment #84, located in Section 6, T28N,
R21W, P.M.M., Flathead County, Montana, shall be annexed
to the City of Kalispell and the boundary of the City is
altered to so provide, and shall be known as Buffalo Hill
Golf Course County Island Addition No. 274.
SECTION II. Upon the effective date of this Resolution,
the City Clerk of Council is directed to make and
certify, under the seal of the City a copy of the record
of these proceedings as are entered on the minutes of the
City Council and file said documents with the Flathead
County Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk of Council, or on the
effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and
its citizens and property shall be subject to all debts,
laws and ordinances and regulations in force in the City
of Kalispell and shall be entitled to the same privileges
and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution
shall be zoned Public, P-1.
SECTION IV. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1996.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
4
Douglas D. Rauthe, Mayor
# I1
EXTENSIONOF SERVICES i
THE CITY OF ' a,.
The subject property is within. the Service Area Bo of the City of Kalispell as
by the Extension of Services Plan adopted by tie City of KdispeU on November s, 1995
(Resolution 14241). This broad -based extension of ser&a per, ..pis
comprise the Extension of Services Plan for the City of Kalispell annexation.
Water: No water services will be required.
Sewer: No sewer services will be required.
Road : No access to the property is required other than pedestrian access or access with a golf
cart.
Storm Drainage: No storm drainage impact will occur.
Other City Services: Police and fire protection can be provided to the site in the case of an
emergency.
gonstruction Standards. No construction will be occurring on the property.
No extension of services will be required to service this property.
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CITY OF KALISPELL
KA 96-4
KALISPELL ADDITION ##275 .
SECTION 5, T28N, R21 W
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Fir
atheadl Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
April 17, 1996
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: City of Kalispell Request for Annexation and Zoning
Dear Al:
Phone: (406) 758-5980
Fax: (406) 758-5781
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their regular
meeting of April 9, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the following agenda item:
A request by the City of Kalispell for annexation into the City of Kalispell and initial
zoning from County to City P-1, Public. The property proposed for annexation is
located south of Grandview Lane and contains approximately 13.5 acres. The property
is further described as Assessor's Tracts 5AC and 51), and Road Abandonment #84,
located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office who
evaluated the proposal based upon the statutory criteria and recommended approval of the proposed
zoning. This property is within the Buffalo Hill Golf Course, is wholly surrounded by the city and is
owned by the City.
No one spoke at the public hearing either in favor or in opposition of the proposal. The Commission
considered the proposal and noted it is generally a housekeeping item. A motion was made to adopt
FRDO Report #KA-96-4 as findings of fact, and recommend the proposed P-1, Public zoning. The
motion passed unanimously.
This recommendation is forwarded to City Council for the April 22, 1996 work session and subsequent
May 6, 1996 regular City Council meeting for final action on the request for annexation and initial City
zoning.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you
have any questions.
Respectfully submitted,
SPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
(1
amela J. B. needy
Vice President
PJBK/NW/eo
Attachments: FRDO Report #KA-96-4 & Application Materials
Minutes from the 4/9/96 Planning Board meeting
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Al Thelen, Interim City Manager
City of Kalispell
Re: City of Kalispell Request for Annexation and Zoning
April 17, 1996
Page 2
H :1... t 1996UKA96-4. TRM
ZONINGCITY OF KALISPELL ANNEXATION AND REQUEST
UNZONED COUNTY ISLAND TO
ANNEXATIONZONING AND REPORT it .
FLATHEAD REGIONAL DEVELOPMENT OFFICE
APRIL 1, 1996
The City of Kalispell has petitioned for annexation into the city limits of Kalispell and initial
zoning. This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. A public hearing has
been scheduled before the Kalispell City -County Planning Board and Zoning Commission for
April 9, 1996 beginning at 7:00 PM. The Planning Board and Zoning Commission will forward
a recommendation to the Kalispell City Council for final action.
PROPOSED ZONING CLASSIFICATION
The applicant has proposed a zoning classification of P-1, a Public district. Currently the
property is in the County jurisdiction and appears to be unzoned. The Kalispell Zoning
Ordinance describes the intent of the P-1 district as follows:
"A public district to provide and reserve areas for public uses in order to preserve
and provide adequate land for a variety of community facilities which serve the
public health, safety and general welfare. Such public uses would include
schools, public buildings, parks and open spaces, etc. "
BACKGROUND INFORMATION
It appears that this piece of property has never been brought into the City of Kalispell and
possibly never zoned although it is entirely surrounded by the Buffalo Hill Golf Course and
owned by the City. This annexation and zoning is basically a housekeeping item which requires
the appropriate steps in processing.
A. Petitioner and Owners: City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
(406)758-7700
B. Location and Legal Description of Property:
The property proposed for annexation is located south of Grandview Lane and contains
approximately 13.5 acres. The property is further described as Assessor's Tracts 5AC
and 5D, and Road Abandonment #84, located in Section 6, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
1
J
B. Existing zoning:
It #i:. not 1 e tthat thisproperty has been zoned,is hence creates it #r• e
island of land in the middle of the Buffalo Hill Golf Course. A reasonable assumptiaT
# be made r. this property •t:.d it would# t a Public designation.
C. Proposed ZonhW.
City P-1, Public, zoning has been proposed for this property for the obvious reason that
it is part of Buffalo Hill Golf Course.
D. Size: The area proposed for annexation and zoning contains approximately 13.5 acres
of land.
E. Existing Land Use: This property is used as part of Buffalo Hill Golf Course.
F. Adjacent Land Uses and Zoning:
This property is bordered along a portion of the north, along the east and south by P-1
zoning and the golf course. Some single family residences and townhouses are present
to the west and northwest.
North: Single family residences/townhomes and the Stillwater River; City R-3
zoning. Buffalo Hill Golf Course and P-1 zoning.
East: Buffalo Hill Golf Course; P-1 zoning.
South: Buffalo Hill Golf Course; P-1 zoning.
West: Single family residence/townhomes; City R-3 zoning.
G. General Land Use Character:
Most of this property is surrounded by the Buffalo Hill Golf Course and is in public use.
Some residences exist to the north and west.
AVAILABILITY OF PUBLIC SERVICES
Full public services can be provided to this site although none will be required. A separately
prepared "Extension of Services Plan" discusses the provision of public services to this property.
2
G. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell or contract hauler available
Electricity:
Pacific Power
Telephone:
PIT service area
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the subject property
approximately 15 days prior to the hearing. At the writing of the staff report, one inquiry was
received by the Flathead Regional Development Office from a property owner to the west in the
Buffalo Hills Townhouses.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings
of fact for the zone change request are discussed relative to the itemized criteria described by
76-2-203, M.C.A.
1. Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell City -County Master Plan as "Public." The
requested P-1 zoning classification is in conformance with that designation.
2. Is the requested zone designed to lessen congestion in the streets?
No development is likely to occur on this property, thus lessening congestion in the
streets.
3. Will the requested zone secure safety from fire, panic, and other dangers?
No uses on this property other than recreational is anticipated. In the case of a medical
emergency, access to the site can be accomplished.
4. Will the requested zone promote the health and general welfare?
The general health and welfare of the community will be promoted by providing areas
for public recreation as proposed under this zoning.
3
No development i occur on thisproperty and it will mwin I use as part of
the golf course, thus providing adequate light and air.
No private development or other development will likely occur on this land which will
result in permanent open space and reduce the overcrowding of land.
No development can be anticipated to occur on this property which would result in the
undue concentration of people.
8. Will the requested zone facilitate__ the adequate provision of transportation, water
sewerage. schools. parks, and other public requirements?
This property will further the goals of providing adequate public recreational services to
the community.
9. Does the requested zone give consideration to the particular suitability of the QroNgy
for particular uses?
Currently this property is used as part of the Buffalo Hill Golf Course and will continue
to be used as such. The P-1 zoning facilitates the continuance of the use of the property
for public recreation.
10. Does the requested zone give reasonable consideration to the character of the district?
Most of the area surrounding this property is designated as P-1, Public. This zoning is
consistent with the character and zoning in the area.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved by keeping this property is public
use and open space because the residential property owners in the area consider this
property an amenity that adds value to their homes.
12, Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
4
Continuing this property to be used as part of the Buffalo Hills Golf Course encourages
the continuation of the current use of the property which is the most appropriate use of
the land for the community and municipality.
SIA94ALRX AND DISCUSSION
This is primarily a housekeeping matter to bring this property into the city of Kalispell. The
proposed P-1, Public, zoning designation will continue the use of the property as part of the
municipal golf course furthering the goals of the Master Plan as well as benefitting the
community as a whole.
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
Staff Report #KA-96-4 as findings of fact and forward a favorable recommendation to City
Council for initial zoning of P-1, a Public district, upon annexation into the City of Kalispell.
5
EXHIBIT
SERVICESEXTENSION OF iLAN FOR
THE ,. s r
The subject property is within the Service Area Boundary of the City of Kalispell as descried
by the Extension of Services Plan adopted by the City of Karispen on November 5, 1995
(Resolution #4241). This broad -based extension of services plan, together with this "mini -plan"
comprise the Extension of Services Plan for the City of Kalispell annexation.
EXISTING SER3ICIES:
Water: No water services will be required.
Sewer: No sewer services will be required.
Roads: No access to the property is required other than pedestrian access or access with a golf
cart.
Storm Drainage: No storm drainage impact will occur.
Other City Services: Police and fire protection can be provided to the site in the case of an
emergency.
Construction Standards: No construction will be occurring on the property.
EXTENSION AND (FINANCE STRATEGIES:
No extension of services will be required to service this property.
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CITY OF KALISPELL
KA 96-4
KALISPELL ADDITION #275
SECTION 6, T28N, R21 W
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KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
APRIL 9, 1996
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County
AND ROLL CALL Planning Board and Zoning Commission was called to order at 7:00
p.m. by Vice -Chair Pam Kennedy. Board members present were
Michael Conner, Robert Sanders, Joe Brenneman, Milt Carlson,
Walter Bahr, Jean Johnson, Fred Hodgeboom and Pam Kennedy.
Therese Hash was absent (excused). Narda Wilson, Planner II,
represented the Flathead Regional Development Office. There were
approximately 18 people in the audience.
APPROVAL The minutes of the meeting of March 12, 1996 were approved as
OF MINUTES submitted on a motion by Bahr, second by Carlson. By
acclamation vote all members present voted aye.
Kennedy announced a change in the agenda. Under new business,
the presentation on housing discrimination has been postponed to
the May meeting. Milt Carlson will speak on the upcoming vote on
the 1994 Master Plan update.
SPRING CREEK
The first public hearing was introduced on a request by Spring
ANNEXATION /
Creek Development L.L.C. for annexation into the City of Kalispell
ZONE CHANGE
and initial zoning from County R-1, Suburban Residential, to City
R-1 TO B-2
B-2, Community Business. The property proposed for annexation
is located south of U.S. Highway 2 West approximately 300 feet and
west of Meridian Road approximately 400 feet. The property which
is proposed for annexation and zoning contains approximately 1.1
acres, and is a portion of Tract 1 of Certificate of Survey No.
12536 as filed in the Office of the Clerk and Recorder, Flathead
County. This property is located in the SE4 of the SE$ OF
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County.
Staff Report Wilson gave a detailed presentation of report #KA-96-2. Based on
evaluation of the statutory criteria for a change of zoning upon
annexation, staff recommended the zone be changed from R-1 to
B-2 as requested.
Questions Carlson asked if any consideration was given to the protection of
Spring Creek? Wilson replied that the necessary permits were
obtained through the Flathead Conservation District.
Public Hearing The public hearing was opened to those in favor of the proposal.
1
In Favor Ronnie Pack, 482 Two Mile Drive, spoke in favor of the annexation
and zone change request, and was available to answer questions
on the matter.
There being no other speakers either in favor or in opposition to
the proposal. The public hearing was closed and was opened to
Board deliberation.
Motion Bahr moved to adopt report #KA-96-2 as findings of fact and
forward a favorable recommendation to City Council to grant the
zone change request from R-1 to B-2 upon annexation. Conner
seconded. On a roll call vote all members present voted aye. The
motion carried unanimously.
HUNTER The next public hearing was introduced on a request by Kit and
ANNEXATION / Shelby Hunter for annexation into the City of Kalispell and initial
ZONE CHANGE zoning from County R-5, Two -Family Residential, to City R-4,
R-5 TO R-4 Residential. The property proposed for annexation is located at
1400 4th Avenue West and contains approximately .45 acres. The
property is further described as Assessor's Tracts 8T1A, and 8TAB
in the SW4 of the SE4 of Section 18, Township 28 North, Range 21
West, P.M.M., Flathead County.
Staff Report Wilson presented report #KA-96-3. The zone change request was
reviewed in accordance with the statutory criteria set forth, and
based on the evaluation it is recommended that the zone change
from County R-5 to City R-4 be granted upon annexation.
Questions Johnson confirmed that the minor subdivision had been reviewed
by the Site Plan Review Committee.
Public Hearing The public hearing was opened to those in favor of the proposal.
In Favor ff Kit Hunter, 460 1st Ave EN, Kalispell, requested the Board grant
-tthis proposal. He feels it is a logical extension for the City. We
intend to convert the existing garage into a residence, and it will
improve the appearance of the neighborhood.
No one spoke either in favor or in opposition to the proposal.
The public hearing was closed, and it was opened to Board
discussion.
Discussion Brenneman asked the applicant when the property would be
connected to community sewer?
Mr. Hunter answered that was the first thing done. I need to re-
route the water line and make sure the neighbor to the north has
her concerns addressed. The sewer line would be put in at the
same time.
7
Motion
Carlson moved to adopt report #KA-96-3 as findings of fact and
forward a favorable recommendation to City Council for an initial
zoning of R-4 upon annexation into the City of Kalispell.
Hodgeboom seconded. On a roll call vote Bahr, Carlson, Johnson,
Sanders, Brenneman, Conner, Hodgeboom, and Kennedy voted aye.
VALLEY VIEW
The next public hearing was on a request by Valley View
CONGREGATION /
Congregation of Jehovah's Witnesses for a zone change from SAG -
ZONE CHANGE
10, Suburban Agriculture, to R-2, Single -Family Residential. The
SAG-10 TO R-2
property contains approximately 5.0 acres and is located on the
north side of West Reserve Drive approximately one-half mile west
of Highway 93 North in the West Side Zoning District. It can be
further described as Tract 1 of Certificate of Survey #8850, or
Assessor's Tract 5A located in Section 25, Township 29 North,
Range 22 West, P.M.M., Flathead County.
Staff Report Wilson gave a presentation of report #FZC-96-3. The zone change
request was evaluated in accordance with the necessary statutory
criteria and based on the findings, staff recommended the zone
change from SAG-10 to R-2 be approved.
She explained how this 5 acres and the 5 acres west of it
happened to be zoned SAG-10. When this area was zoned, the 10
` acre piece was recommended to be zoned SAG-10 in an attempt to
AL V keep the zoning in conformance with what was there.
Subsequently, a boundary line adjustment created the 5 acre
parcel for a church, and now there is a 5 acre piece of SAG-10
dangling out there. Staff attempted to contact the property
owner to have the parcel rezoned to AG-80. One adjacent
property owner in Country View Estates, contacted her by phone
regarding this proposal, and was in favor of having the parking
lot paved. She received no other comments from adjacent land
owners.
Public Hearing The public hearing was opened to those in favor of the requested
zone change.
In Favor Lonnie Mitchell, 405 Lost Creek Drive, stated that he is an elder
and speaks for the Church. We feel this will benefit everyone.
Our purpose for selling the two acres is to get money to pave.
Dust has been a problem. It will provide a bigger tax base for
the county, as there will be a residence on the two acres. We
have had a problem with vandalism. If someone lives nearby, they
can dissuade vandals by turning on the lights and it will benefit
us, as well.
No one else spoke in favor. The public hearing was opened to
those opposed to the request.
9
Opposition Carol Blake, 230 Arbour Drive, spoke in opposition to this request.
They bought their property because of the open space behind
them. We have already given up much agricultural land in the
area, and don't want to lose anymore. We don't want houses
behind us. We would rather put up with dust, than houses.
Discussion
Larry Ivy, 198 Arbour Drive, President of the County Estates
Homeowners Association, represented the homeowners adjacent to
this proposal. These homeowners do not want houses that will
block their view, and are concerned about the types of homes
going in there, such as mobile homes. We take considerable
amount of pride in the size of homes in Country View Estates,
which are required to be 2100 square feet on the main floor. The
homeowners, also, do not want to see a road going through on the
back of their property line.
No one else spoke in opposition. The public hearing was closed
and the meeting opened to Board discussion.
Mr. Mitchell was recognized to address the concerns stated by the
opposition.
Mr. Mitchell stated that their intention is to place one house on
the site. The structure to be placed there is approximately 2400
ik square feet and is located near the hospital for viewing. The
purchaser proposes to build a basement and place this structure
on it. It is a nice building and I estimate it is about a $150,000
home. We have no problem if you mandated just one residence on
the site.
Motion Hodgeboom moved to adopt FRDO staff report #FZC-96-03 as
findings of fact and forward a favorable recommendation to the
County Commissioners to approve the zone change request from
SAG-10 to R-2. Sanders seconded.
Discussion on Conner had a question about the road that was mentioned that
Motion would run north on the west boundary of Country View Estates.
Wilson replied that there is an existing driveway, that would be
improved to a paved access to the property to the north.
Mr. Mitchell informed the Board there is a 60 foot easement for a
road, and it will be paved. The neighbors can use it if they
want.
Brenneman noted that if the R-2 zone were approved, they could
not guarantee that just one house would be built.
Wilson responded that any further subdivision would be subject
to the review process.
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Vote There being no further discussion, there was a roll call vote on
the motion. Brenneman, Bahr, Hodgeboom, Sanders, Carlson,
Conner, Johnson, and Kennedy voted aye. The motion carried
unanimously in favor of recommending the zone be changed from
SAG-10 to R-2.
CITY OF The next public hearing was introduced on a request by the City
KALISPELL of Kalispell for annexation into the City of Kalispell and initial
ANNEXATION f zoning from County to City P-1, Public. The property proposed
COUNTY TO for annexations is located south of Grandview Lane and contains
CITY P-1 approximately 13.5 acres. The property is further described as
Assessor's Tracts 5AC and 5D, and Road Abandonment #84, located
in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead
County.
Staff Report Wilson gave a brief overview of report #KA-96-4. This property
is owned by the City, and it is recommended to be zoned P-1
upon annexation into the City.
Public Hearing The public hearing was opened to those in favor. No one spoke
either in favor or in opposition to the proposal. The public
hearing was closed and it was opened to Board discussion.
Motion Bahr moved to adopt report #KA-96-4 as findings of fact and
forward a favorable recommendation to the City Council for initial
zoning of P-1 upon annexation to the City of Kalispell. Conner
seconded. On a roll call vote all members present voted aye. The
motion carried unanimously in favor.
SCHAUS TEXT The next item was introduced on a request by Lisa S. Schaus to
AMENDMENT f amend the text of the Kalispell Zoning Ordinance, Section 27.24.090,
SIGNS - HOME Permitted signs in zones R-1, R-2, R-3 and R-4 by adding a
OCCUPATIONS subsection as follows: (5) "one non -illuminated two sided sign not
to exceed six square feet in area attached to the house, in
connection with a home occupation".
Staff Report
Wilson discussed the background for the request by Ms. Schaus,
based on her need for a sign in conjunction with her art studio.
The City has explored options with her. A variance was not an
option because she couldn't meet the criteria. Rezoning was
looked at, but not what she wanted. To address her needs, we
looked at the standards for home occupations. The proposal
before you needs to be looked at, in depth, as it affects home
occupations in the residential zones in the City of Kalispell. The
research involved during the review of the requested text
amendment, uncovered some weaknesses in the ordinance, which
may be updated at a later date to alleviate confusion and
difficulty in administering.
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Wilson proceeded with a detailed overview of report TA-96-1.
The requested text amendment was evaluated in accordance with
the necessary statutory criteria. Based on the findings, staff
recommended a modification to the request as follows. -
"Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3 and R-4.
(5) One non -illuminated sign not exceeding four square feet per
face affixed to the building in conjunction with a home
occupation.
Public Hearing The public hearing was opened to proponents of the proposal.
In Favor Lisa Schaus, Willow Wind Studio, the applicant, agreed whole-
heartedly with staff's recommendation. This is a difficult
situation, being an artist and aesthetically oriented, I feel I am
caught in the middle. I am concerned about the zoning ordinance
with regards to signs and home occupations. I am part of a
women's business group and we are concerned about this issue.
She submitted a petition, signed by approximately 40 persons, who
are in favor of this proposal. She also handed around photos of
signs that are in the community.
Bruce Measure, 635 5th Street East, Kalispell, spoke in favor of
the text amendment as modified by FRDO. I worked with Ms.
Schaus on this text amendment, and we agree that six square feet
was a large sign. He showed a sign that is 3.94 square feet to
illustrate an example of what Ms. Schaus has proposed. Her home
is located behind the Triangle Building, on North Main. We realize
this affects the entire City, but the option to pursue a zone
change would alter the character of the neighborhood. This seems
to be the less disruptive option.
No one else spoke either in favor or in opposition to the proposed
text amendment. The public hearing was closed, and it was
opened to Board deliberation.
Discussion Hodgeboom appreciated the need for signage for home occupations,
as it is an essential part of our economy in the Flathead. From
the standpoint of a consumer, signs are helpful to find services
I need. A standard real estate sign is about six square feet and
I could support a four square foot sign, such as the one shown
to us. That would not detract from a neighborhood, at all.
Johnson wanted to restrict the placement of the signage so that
it is not placed on the roofline. I think the sign should be
affixed to the house and not placed in the lawn.
Kennedy had difficulty picking apart one item at a time on a sign
ordinance that we spent considerable amount of time on. It was
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stated that Bed & Breakfasts are also lacking in our sign
ordinance. I have concern about additional text amendment
requests. Rather than reviewing the entire sign ordinance for
where we need to make alterations, i would suggest that we
address the bed & breakfast issue to cover another void that we
know exists.
Wilson suggested that the language be changed to say "... in
conjunction with a residential use." That would cover such uses
as bed & breakfasts, day care, etc.
Kennedy expressed concern about residential uses such as auto
repair.
Wilson replied that auto repair is not considered a home
occupation. There are categories that do not qualify as home
occupations. Looking at our regulations and researching model
ordinances, showed me some weaknesses of what we have in place
for defining home occupations and setting up performance
standards.
Professional offices as a home occupation was discussed. Bahr felt
there should be no signage associated with home occupations. In
looking at my neighbors, it would detract from the residential
,. aspects if there were signs on 1/3 of the homes in the
1W"W° neighborhood. Their businesses would explode and we need to
look at the increased traffic generated with signs.
Johnson pointed out that the other side of that issue would be
that it would be better for someone to identify the business with
a sign, rather than drive back and forth looking for a place. As
long as we allow home businesses, I would be in favor of signage.
Aesthetics were discussed. It was recognized that home
occupations are allowed, and if signage is not allowed, then we
will be directing growth out of the City to unzoned areas, which
involves more traffic and other impacts. It was noted that when
this is addressed in the future, architectural review of signage be
visited.
Kennedy reiterated that she had a problem with amending just
portions of the sign ordinance without reviewing the entire
chapter.
Wilson agreed that it would be ideal to go through and
comprehensively address the weaknesses. However, she indicated
that the sign ordinance was an attempt to accommodate many
people's needs, is very lengthy, cumbersome and confusing, but
does not feel it is politically feasible. So, rather than looking at
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it as a piecemeal approach, it is more of a fine-tuning of the
zoning ordinance, as we come across issues.
Limiting signage to just a single residential zone was discussed,
but felt to be impractical, as home occupations are allowed in all
the residential zoning districts.
Motion Conner moved to adopt report #KZTA-96-1 as findings of fact, and
recommend to City Council approval of the proposed zoning text
amendment, with modifications as follows: "Section 27.24.090,
Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(5) One non -illuminated sign not exceeding four square feet per
face below the eave line in conjunction with a residential
use."
Johnson seconded. On a roll call vote Carlson, Sanders, Johnson,
Hodgeboom, Conner, Brenneman, and Kennedy voted aye. Bahr
voted no. The motion carried 7-1 in favor of the text amendment.
OLD BUSINESS
NEW BUSINESS
ADJOURNMENT
Pamela J.B.
APPROVED: y:_ZS
Staff is doing intensive research into where to place shelters in
a community, and will be bringing that before the Board at a later
date.
Under new business, Carlson reminded the Board that the Master
Plan Update adopted in December 1994, will be on the June 4
ballot.
Wilson announced that the City of Kalispell hired Diana Roche as
the new Zoning Administrator.
There being no further business to discuss, the meeting was
adjourned at 9:00 p.m.
resident Elizabeth Ontko, Recording Secretary
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