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05. Resolution 4328 - Gardner Auction - Adopt, Revise or Reject Master Plan AmendmentAgenda -April 14, 1997 AGENDA ITEM 5 - RESOLUTION 4328-GARDNER AUCTION -ADOPT, REVISE OR REJECT MASTER PLAN AMENDMENT BACKGROUND/CONSIDERATION: You may recall that we rejected a previous request for a change in use of the Gardner Auction facility. However, at that time, the Council also directed staff to submit a request for a Master Plan Change and Zone Change on behalf of Gardner Auction. This is the follow-up action that you directed staff to complete. RECOMMENDATION: Upon review of the Findings of Fact, the unanimous vote to recommend by the Planning/Zoning Board, and the fact that this is our request, I highly recommend that we approve the change. ACTION REQUIRED: APPROVAL of Resolution 4328 is needed to approve the request for Master Plan Amendment. After this approval, the zoning change will be considered on the May 5th Council Meeting Agenda. Agenda -April 7, 1997 AGENDA ITEM 7 - MASTER PLAN AMENDMENT AND ZONE CHANGE FOR GARDNER AUCTION BACKGROUND/CONSIDERATION: You may recall that we rejected a previous request for a change in use of the Gardner Auction facility. However, at that time, the Council also directed staff to submit a request for a Master Plan Change and Zone Change on behalf of Gardner Auction. This is the follow-up action that you directed staff to complete. RECOMMENDATION: Upon review of the Findings of Fact, the unanimous vote to recommend by the Planning/Zoning Board, and the fact that this is our request, I highly recommend that we approve the change. ACTION REQUIRED: A RESOLUTION OF INTENT #4325 is needed to proceed with a public hearing date of April 21 at 7:00 p.m. After the hearing date, the zoning change will be on the May 5th Council Meeting Agenda. 0 RESOLUTION NO. __4.32fl_ A RESOLUTION ADOPTING A RECOMMENDED AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, on April -7t'', 1986, the City Council adopted the Kalispell City -County Master Plan by Resolution No. 3641, and WHEREAS, the City of Kalispell submitted a request for a proposed amendment for property owned by Gardner Auction Service and Charles and Shirley Marvin, more particularly described as Assessor's Tract 1AA and Lots 1 and 2 Guest Addition located in Section 19, Township 28 North, Range 21 West, P.M.M., located within the Kalispell City -County Master Plan area, and WHEREAS, Kalispell City -County Planning Board and Zoning Commission, on the llth day of March, 1997, held a public hearing, after due and proper notice, received comment upon, and received and evaluated the proposed plan amendment in terms of environmental impact, site potentiality and availability of services, and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed amendment, the Kalispell City -County Planning Board, adopted Resolution KCCMPA-97- 1 and recommended to the City Council of the City of Kalispell, Montana, and to the Flathead Board of County Commissioners that the Kalispell City -County Master Plan be amended by changing the land use designation of the above described property from High Density Residential to Light Industrial, and WHEREAS, the City Council of the City of Kalispell considered it advisable that they consider the proposed Master Plan amendment and the recommendations of the Kalispell City - County Planning Board, and adopt a Resolution of Intention to Adopt, Revise, or Reject a Proposed Amendment to the Kalispell City -County Master Plan (Resolution No. 4325), and J:\G*P\res\gardner -j- WHEREAS, on April 21, 1997, the City Council met, held a hearing and considered Resolution No. 4321, and WHEREAS, based upon FRDO Report No. KMPA-97-2,• FRDO Resolution No. KCCMPA-97-1, the minutes and recommendations of Kalispell City -County Planning Board, and the input received at the hearing of April 218t, 1997, the Council may, under § 76-1-604, MCA, adopt a resolution either adopting, revising or rejecting the requested amendment to Kalispell City -County Master Plan, and WHEREAS, because of, the existing uses on properties adjacent to and near the subject property, light industrial zoning designation for the property is consistent with other zoning in the area, and WHEREAS, Kalispell City -County Master Plan policies declare as an objective the location of light industries in areas adjacent to the City Airport, and WHEREAS, the subject property, is located within an area specifically identified in the Master Plan for light industrial development, and WHEREAS, the requested Master Plan amendment is generally consistent with the purpose of the zoning regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That pursuant to §76-1-604, MCA,• the City Council of the City of Kalispell hereby adopts FRDO Report No. KMPA-97-2 as its findings of fact, and grants the requested amendment to the Kalispell City -County Master Plan by changing the land use designation of the property described as Assessor's Tract 1AA and Lots 1 and 2 Guest Addition located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana from High Density Residential to Light Industrial. j:\wp\res\gardner _2_ PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS DAY APRIL, 1997. Douglas D. Rauthe - Mayor Attest: Debbie Gifford, CMC Clerk of Council j:\wp\res\gardner _3_ RESOLUTION NO. 4325 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT A RECOMMMED AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, on the 7t' day of April, 1986, the Kalispell City Council adopted the Kalispell City -County Master Plan by Resolution No. 3641, and WHEREAS, the City of Kalispell submitted a request for a proposed amendment for property owned by Gardner Auction Service and Charles and Shirley Marvin, more particularly described as Assessor's Tract 1AA and Lots 1 and 2 Guest Addition located in Section 19, Township 28 North, Range 21 West, P.M.M., located within the Kalispell City - County Master Plan area, and WHEREAS, Kalispell City -County Planning Board and Zoning Commission, on the llei day of March, 1997, held a public hearing, after due and proper notice, received comment upon, and received and evaluated the proposed plan r amendment in terms of environmental impact, site `,. potentiality and availability of services, and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed amendment, the Kalispell City -County Planning Board, recommended to the City Council of the City of Kalispell, Montana, and to the Flathead Board of County Commissioners that the Kalispell City -County Master Plan be amended by changing the land use designation of the above described property from, High Density Residential to Light Industrial, and WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the recommendation of the Kalispell City -County Planning Board and adopt a Resolution of Intention to Adopt, Revise or Reject a Recommended Amendment to the Kalispell City -County Master Plan. j:\wp\reslgudW 1 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell intends to consider the revisions of the Kalispell City -County Master Plan, as recommended by the Kalispell City -County Planning Board, to change the plan for the area described above from High Density Residential to Light Industrial. SE T.I.ON_IT. That the City Council of the City of Kalispell shall consider whether to pass a final Resolution revising the Kalispell City -County Master Plan as set forth herein at a meeting to be held on the 21st day of April, 1997, at 7:00 P.M., at Council Chambers, City Hall, Kalispell, Montana, and at the conclusion of said meeting the City Council will consider a Resolution to Revise, Reject or Adopt the Proposed Amendment. SECTION II=. The City Clerk of Council is authorized and directed to give notice of this meeting in accordance with Section 7-1-4128, MCA. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1997. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council j:\wp\msiga kt 2 Flathead Regional Development Office 723 5th Avenue Fast - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 March 18, 1997 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: City of Kalispell Master Plan Amendment and Zone Change Dear Clarence: At their regular meeting of March 11, 1997 the Kalispell City -County Planning Board and Zoning Commission held a public hearing to consider a request by the City of Kalispell on behalf of Gardner Auction Service for a master plan amendment and zone change on their property located at 1894 Airport Road. The City Council directed the staff to consider various options regarding the most appropriate zoning for this property and make a recommendation. At the meeting Narda Wilson presented staff report #KMPA97-2 to the planning board. Based upon the staff evaluation, she recommended that the master plan designation be 4 changed from High Density Residential to Light Industrial and the property be rezoned from RA-1 to I-1. During the public hearing, two people spoke. Todd Gardner spoke in favor of the staff recommendation and Jerry Begg spoke in opposition. The Board briefly discussed the history of the property under consideration and the reasons for the request. They then adopted the staff report as findings of fact on a 9 to 0 vote. Please schedule this matter for the March 24, 1997, City Council work session and required subsequent meetings. The proposed master plan amendment is also being forwarded to the Board of County Commissioners for consideration and action. Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION (;�: LL� ThereFox Hash President TFH/NW/eo Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Ka it • City of Whitefish • City of Kalispell Master Plan Amendment and Zone Change March 19, 1997 Page 2 of 2 Attachments: FRDO Report #KMPA97-2 and back-up materials Draft Minutes 3/11/97 Planning Board meeting (to follow) c: w/Att: Debbie Gifford, City Clerk c w/o Att: Flathead County Commissioners Gardner Auction Svc, 1894 Airport Road, Kalispell, MT 59901 C. & S. Marvin, 1890 Airport Road, Kalispell, MT 59901 H: \... \KAL\ 1996 \KA97-2 A RESOLUTION AMENDING THE KALISPELL CITY -COUNTY MASTER PLAN MAP BY ADOPTING AN AMENDMENT FROM HIGH DENSITY RESIDENTIAL TO LIGHT INDUSTRIAL WHEREAS, the Kalispell City -County Master Plan and master plan map were adopted by the Kalispell City County on April 7, 1986 and by the Flathead County Board of Commissioners on February 6, 1986, and WHEREAS, on behalf of the City and the County and the residents of the community, the Kalispell City Council initiated a master plan map amendment from high density residential to light industrial on property described as Lots 1 and 2, Guest Addition and Assessor's Tract 1AA located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana WHEREAS, in an effort to solicit public input, a public hearing was held before the Kalispell City -County Planning Board on March 11, 1997, and public comment was received and duly noted as part of the record. NOW THEREFORE be it resolved that the Kalispell City -County Planning Board hereby recommends to the Kalispell City Council and the Flathead County Board of Commissioners amend the land use designation for the above referenced parcels on the Kalispell City County Master Plan Map from high density residential to light industrial. fi- Signed on this 21 day of March, 1997. &4,,,_ Therese Fox Hash, President Kalispell City -County Planning Board M...\K972RESO r•- LI Pk �I.n'II�n: R� i' F:',c F-= `V :,- , CITY OF KAJURPRU QUEST FOR MASTIDR PLAN AMBNDMENT AND ZONZ CHANGE FLATHEAD PJDGI0JqAL VNVEIOpMZNT OFFICESTAFF ► , IdARCH 5. 1997 A report to the Kalispell City -County Planning Board, the Kalispell City Council and the Board of County Commissioners regarding a request by the City of Kalispell to amend the Kalispell City -County Master Plan A public hearing has been scheduled before the Kalispell City -County Planning Board for March 11, 1997 beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council and the County Commissioners for final action. 'K_"'*1k016R I k2 CELOIZ4Zs A. Petitioner andOwners: City of Kalispell P.O. Box 1997 Kalispell, MT 59901 (406) 758-7700 Gardner Auction Service 1894 Airport Road Kalispell, MT 59901 (406) 752-7682 Charles and Shirley Marvin 1890 Airport Road Kalispell, MT 59901 (406)755-1466 A. Nature of the Request: The applicants have requested that the staff review a master plan amendment and zone change on the subject properties from the current high density residential and made an appropriate recommendation for change. It appears that a light industrial designation is appropriate for this property and the evaluation will be based on that proposal. The property proposed for the master plan amendment is located on the west side of Airport Road approximately 1,500 feet south of 18th Street in Kalispell. The property can be described as Assessor's 'Fact 1AA and Lots 1 1 2:C. N FLAIHAI- HE.'] F..E F»:.:;v ?�: �7E': P. 3 and 2 of Quest Addition located in Section 19, Township 28 North, Range 21 West, P.M. M., Flathead County Montane.. The pads on the southern portion of the property are used for an auction house and mini storage while the property to the north is has a single family dwelling. Currently the property is zoned RA-1, a Low Density Residential Apartment District, The auction house and mini -storage exist on the site as a non -conforming ux. [ONE".4 M. M- . ..IT _ ._ T. . The area is characterized by a public park and single-family residential development to the west and south, industrial uses to the east with the City airport and related facilities, and residential development to the north. North: Single family residential, zoned R-1 South: Bea Park, zoned P-1 East:: City Airport, zoned I-1 West: Begg Park, zoned P-1 The Montana Planning Statues provides the enabling legislation for local governments to adopt and implement planning and zoning. Section 76-1- 102 defines the purpose of these provisions which states that it is to encourage local government to improve the health, safety, convenience and welfare of the citizens and to plan for the future development of their conununities. This includes the construction of highway systems; and new community centers that grow only with adequate highway, utility, health, educational and recreational facilities, and that the needs of agriculture, industry and business be recognized in the future growth. That residential areas provide healthy surroundings for family We, and that the growth of the community promote the efficient and economical use of public funds. The current Kalispell City -County Master Plan was adopted in 1986 and is currently being updated. The plan is comprised of three major components which include the waster plan text, the master plan map and the goals and objectives of the master plan. All three components are equally important and must be equally weighed to adequately interpret and implement the plan. This request is for an amendment to the Wrap which must be evaluated in the context of the goals and objectives of the overall plan whose primary purpose is to guide the growth of the area. H 7 :'"E �� FV FLAi�I3n.� k:.. E 4 4i'F::E t :� :�v P, 4 The proposed map amendment will be reviewed in accordance with the following evaluation criteria: a. Whether conditions or circumstances in the area have changed since the adoption of the master plan which justify the map amendment. b. Whether the map amendment f uthem the goals and objectives of the master plan as a whole. C. Whether the proposed map amendment is consistent with the purpose of the zoning regulations. Whether or i7t a _. _ in the area have changed since adoption of the master plan which justif7 the map amendment. Over the past several years the City of Kalispell has been working on the adoption and implementation of the Airport Neighborhood Plan. Part of the implementation process consisted of considerable rezoning of City property in the area to light industrial and public, while designating general commercial zoning along Highway 93. During this process, consideration was given to the future development of the area for industrial use. Because of the existing uses on these properties it appears that a light industrial zoning designation would be consistent with other zoning which has taken plane in the area.. b) Whether the map amendment furthers the gqgLs. and- objectives of the master Rlan as a whole. The master plan policies for the light industrial districts are found on page 47 of the master plan and are described as being planned for the area adjacent to the municipal airport. The area proposed for rezoning is consistent with the master plan because this area is specifically identified in the plan as an area for light industrial development. Whether the if . . yf = -nis condatent f purpose of the zoning regulations. 1. Does the requested zone cornglYwith the Master Plan? The property proposed for industrial. rezoning is consistent with the goals and policies of the master plan as they relate to the location of light industrial. 91 Rezoning the proposed ,property to a light industrial designation would not alter the current traffic impact because the use in already in existence. The proposed amendment appears to be in an area that is easily served by the police and fire protection agencies because of its good access and close proximity to services. 4. Will the requested zone promote the health and zeneral welfare? It appears that the light industrial designation would promote the general health and welfare of the community by providing the opportunity for industrial development in an area which has been master planned for this use. 5. Will the requested zone provide for adequate light and aid? Setback, height, and coverage standards for development occurring on Us site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone 2revent the overcrowding of land? The properties to the south are currently developed with regard to buildings, parking and accessory structures. Adequate infrastructure exists in the area to accommodate future development of the property to the south. 7. Will the requested zone avoid undue concentration of oeaale? The change in designation of this property from high density residential to industrial may have the potential to decrease the concentration of people because most industrial site are oriented towards warehousing and light manufacturing which generally generate less traffic than apartment buildinga. � �4• -- -• ; - -. �•.r s rile !" � A !• !• All public services and facilities are currently available to the property 4 2:04 41.1 F_'tilh-pD 3 i,: 1,E �.F I:i Fn.'X" ::�. 46 -:.3 5731 F'. 3 and this change should not have a significant impact on those services. ARP Mie-aqw-a This change gives reasonable consideration to the proposed uses because most of this property has already been developed and it is unlikely that an adaptive reuse of the existing buildings would be anticipated. 10. Doea the requested zone give reasonable consideration to the character of the district? The general character of the area is industrial to the east and public and residential to the west. This change appears to give reasonable consideration to the character of the area. 11. Will the or000sed zone conserve the value of buildings? The value of the existing buildings on the southern portion f the property will be conserved. A substantial investment has been made in the wdating buildings and the current master plan designation and zoning mares is not conducive to the adaptive reuse or rehabilitation of the structures. 12. Will the requested zone encourage the most a p2rg2nate use of the land throughout the jurisdiction? The master plan amendment and zone change encourages the most appropriate use of Land throughout the jurisdiction by providing opportunities for industrial development near an area designated in the master plan for this type of use. RECOMMENDATION., Based upon the above evaluation, the staff would recommend that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report KMPA-97- 2 as findings of fact and forward a reconunendation to the City Council and County Commissioner to a rend the master plan from high density residential to industrial and rezone the property from RA-1 to I-1. 1, . , \KMFA9T-2 Mh:,-. WE 2•C4 P:, F:AI''r,:,?.D iE,: �1i' CFNI,E Er.:i _:�. 4.'3 �� :731 F• Flathead Regional Development Office M Stb Avenue East • Room 414 Kafispefl, Moan 5"01 De=bez 2,19% Mac () gg Fax: ( 753-M ,.My of KAPCH P-0. 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RA--97-2 FIX RATS: 8/ . SCALE 1" 4.00' &- M7_2CM KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING ' MARCH 11, 1997 CALL TO ORDER The regularly scheduled meeting of Kalispell, City -County Planning AND ROLL CALL Board and Zoning Commission was called to order at 7:03 p.m. by President Hash. Board members present were Walter Bahr, Milt Carlson, " Pam Kennedy, Bob Sanders, Jean Johnson, Mike Conner, Robert Lopp, Joe Brenneman, and Therese Hash. The Flathead Regional Development Office was represented by Narda Wilson, Senior Planner. There were approximately 20 people in the audience. APPROVAL OF The minutes of the meeting of February 11, 1997 were approved as MINUTES written on a motion by Conner, second by Brenneman. The motion passed by acclamation vote. OLD BUSINESS The agenda was changed to hear a presentation on housing discrimination by Dennis Hester, Deputy County Attorney, on behalf of the County, as part of a settlement agreement with the Human Rights Commission. He handed out information on the State statutes pertaining to discrimination in housing, and cited examples of discrimination based on "familial status" in Flathead County. He answered Board questions, and invited the Board members to call the County Attorneys' office, if they have any further questions. CITY OF President Hash returned to the published agenda and introduced a KALISPELL request by the City of Kalispell on bebalf of Gardner Auction Service for MASTER PLAN a master plan amendment and appropriate zoning for property located on AMENDMENT / the west side of Airport Road approximately 1,500 feet south of le GARDNER Street in Kalispell. The property under consideration is currently zoned AUCTION SERVICE RA-1, Low Density Residential Apartment, and contains approximately 2.3 acres. The property can be descrbed as Assessor's Tract IAA and Lots 1 and 2 of Guest Addition, in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County. _ Staff Report Wilson reviewed report #KM PA-97 2. The request for a master plan amendment and zone change . from RA-1 to I-1 was evaluated in accordance with. the statutory criteria and was found to meet all the necessary requirements. Staff recommended approval. Public Hearing The public hearing was opened to those in favor of the master plan amendment and zone change. F2 in :`•18 Wo:: s In Favor Todd Gardner, stated that their testimony in November would be the same for this. This is an attempt to reuse our building for another use other than an auction, now that we have outgrown it, and are leasing land from the City. There is a strip of land beside the auction building, between us and the ball fields that we have been using. We are working on a deal to develop it for them. There is a plan on file for sidewalks, shrubs, sprinkler system and grass to develop that entrance. We are very interested in doing that, even though we are moving to our new location south of town. Your support is appreciated in helping us. No one else spoke in favor. The public hearing was opened to those opposed. Opposition Jerry Begg, 220 Woodland Avenue, was opposed to being put in the position of telling someone what to do with their property. The Gardners have worked hard on that property and have done a good job. I'm glad they were successful and were able to grow and move to a bigger and better location. I think the mini -storage units have been good for the area. I have no disagreement with that portion of their business. I would like to give you a bit of history from my standpoint concerning that area. My folks own property there. A number of years ago, when r:F the City was looking for an area to develop for the legion ballfields, my folks donated about 17 acres to the City, along Ashley Creek Begg Park Drive divides the park The south side was turned over to private groups, and they did a terrific job with the legion ballfield. On the north side, our agreement with the City was to develop a park similar to Woodland Park. It would have facilities for families to use for picnics, walkways along Ashley Creek, etc. Not a Iot has been done on the north half of the park for a number of reasons. In 1972, I met with Mike Baker, the Park Director, Glen Neier, the City Attorney, and Bruce Williams, the City Manager. For approximately 4V2 years, I was stonewalled. Nothing was done. This last spring, I met with Mike Baker and Councilman Dale Haarr, and discussed my concerns about what was being done with the entrance to the property which the city owned I made an analogy that if I had a tractor or pickup that I wanted to sell and parked beside the cannon in Woodland Park, how Iong do you think that would be there? No one could come up with an answer. Mr. Gardner and his family have used that area for a number of years. Finally, this summer they were told that was city property and not to park their vehicles on it. I went by this morning and this evening, and both times there was a one ton pickup, there was dog kennel, with a dog, two half ton pickups, a flat bed tandem We trader all parked on this property. This has been going on for years, on city park property. Nothing has ever been done about it. If you have ever wa&ed out into what should someday be a city park, from every area in that parr you can we the 2 Gardner's building, because it is on a hill. If that goes in to a light industrial use, you will have no control over any kind of mess that a renter might leave. Obviously, if the city can't control their own park property and make sure it is used for the purposes for which it was donated to the city and given to the people of the City of Kalispell, how would they control someone on their own property doing what they want to do? I am opposed to this being used as an industrial site. No one else spoke in opposition to the proposal. The hearing was closed to public comment and opened to Board discussion. Board Discussion Lopp asked what has changed since the previous hearing when staff could not support a zone change? Hash elaborated on the position of the Board's previous action, which was dealing with a text amendment, which had a much more far reaching effect. She noted at the time of the Airport Neighborhood Plan, the idea was that there would be a variety of non residential uses in the vicinity. Conner added when the Airport plan was done, the Gardners had requested that their non -conforming use be addressed, but for some reason it was excluded when the plan was completed. He was bothered there was four years of no response to a concern dealing with the issue, that was experienced by Mr. Begg, although felt that it probably isn't an isolated occurrence. Varr Gardner agreed that they want to get this done. Right now, I do not have any more room to put anything. This will help what Mr. Begg would like to see. We have used that land for 18 years, and I want to see it look nice. We are working out the legalities on it with Mike Baker. There will be a survey done before we lease it to someone, to determine where the boundary is. We aren't trying to take over the property. We have mowed and maintained it all these years. We intend to put the landscaping in. The Board were in general agreement that this was an appropriate zone change. Motion Bahr moved that the" Kalispell City -County Planning Board and Zoning- Commission` adopt staff report- #KWA 97-2 as findings of fact and forward a recommendation to City Council and County Commissioners to amend the � master plan from High Density Residential to Light Industrial and rezone the property from RA I to I-1. Carlson seconded. On roll call -rote Sanders, Babr, Conner, Carlson, Brenneman, Lopp, � Johnson, Kennedy, and Hash -voted ale:-= 3 BIRCH PARK The next item on the agenda was introduced on a request by Carver MOBILE HOME Engineering on behalf of Alberta Singer for preliminary plat approval to ' COURT allow the expansion of an existing, manufactured home park known as EXPANSION / Birch Park Mobile Home Court. The applicant is proposing to create IS PRELIMINARY additional spaces in an existing 25 space mobile home park for a total of PLAT 40 spaces. The property is in the Evergreen and Vicinity Zoning District and is zoned R-5, a Two Family Residential zoning district which lists manufactured home parks as a conditionally permitted use. The applicants have also requested a conMonal sue permit from the Flathead County Board of Adjustment. The property is located between LaSalle Road (Highway 2 East) and West Cottonwood Drive approximately 1,000 feet north of the intersection of Highway 35.and Highway 2 East. The property address is 58 West Cottonwood Drive, Kalispell, Montana. Wilson gave a detailed overview of report #FPP-97-3. Based on review of the necessary criteria, staff recommended 14 conditions of approval for the expansion of the mobile home court. The project also requires a conditional use permit from the Flathead County Board of Adjustment, which went to a public hearing on March 4'h. After taking public testimony, where the neighbors voiced considerable opposition to the expansion of the mobile home court based on the existing violation of the comity decay ordinance, the Board of Adjustment continued the matter to May 6, 1997, to allow the applicant time to put together a management and implementation plan. Two formal complaints were filed with our office following that public hearing. The Board of Adjustment is concerned with the neighborhood impact. However, what is under consideration with the preliminary plat application is the expansion of 15 spaces, and not the old mobile home park. Since the applicant has paid the fees for the process to be set in motion, the project is before this Board tonight, so as not to further delay the permitting process prior to the construction season. Public Hearing The public hearing was opened to those in favor of the proposal. In Favor A letter from the applicant, Alberta Sing, was read into the record, as she fives out of state and was unable to attend the meeting. Andy Hyde-, with Carver Engineering. representing the applicant, spoke in favor 1 the 1 • eV -The ♦i f # 1i1'_!'1 of the dot 1 + park,thereno dispute that not in good 1 # 1!'f fR l a.3 This proposalchance f i 1 owner to bothupgrade the edsting park, and f to createanadclitional units that would be in much better shape than the existing 25. The applicant needs the total of 40 to finance what she is proposing to do, which includes paving the roads, putting in a landscape buffer, and a playground. Of the 14 conditions, we have no dispute with any of them. He reviewed the proposed design for the expansion and improvements to the existing mobile home park. Condition #13 is important, in that if this preliminary plat is approved, the FRDO would be required to certify that the violations of the community decay ordinance had been eliminated, and that the mobile home park is in compliance before the final plat could be filed. So, there is some teeth in the conditions to improve the park, and have a positive impact on the neighborhood. There is a great need for this type of development. It represents affordable housing which is in great demand. I know these 15 spots would be rented very quickly and would help generate revenue to pay off the financing of the investment. This is an area where the character of the area is consistent with the proposal. It is adjacent to existing courts to the north, south and west. To the east is the commercial strip along LaSalle. This is not creating a mobile home court out in the woodlands, or on agricultural land. This is in the core area of Evergreen. The character of the neighborhood is not unhke what this proposed expansion will be. In other areas where this is proposed, almost without exception, new trailer courts have been denied. 3 It is has public water and sewer and the density is supported by the availability of these public utilities. This will give the owner the opportunity to get rid of some of the blight, junk and be able to create a quality development that will attract a higher type of mobile homes. The level of pride in their abode, right now, is not very high. I think if this is allowed to be improved, you will see a general improvement of the existing homes, as the decay is eliminated. The owner lives in Texas. _ She mentioned that her two sons have managed the court, and have not been very motivated to really work in their mother's interest. She plans on living on site. She wants to deal with her existing tenants, which is something she has not been able to do living in Texas. She is looking at borrowing over a $V2 million dollars to improve the court and it is in her interests to create a good quality court_ As to the question,aboutrwhy this application is before you tonight. The conditional use permit. public, hearing was just a week prior. This hearing was already scheduled.:; It is ,the expectation and hope that the Board of Adjustment will grant the conditional use permit They had concerns about the existing court, and. wanted to be convinced that granting the conditional. use permit-, would have a net positive impact on the ,,-neighborhood...I v4 work with the owner to develop a plan that will ypggwice -them - this , proposal_ twill have a positive impact on the neighborhood. It is the plan to u0ze the 1997 construction season to implement these improvements. Amer the subdivision consideration by the County Commissioners, there is a lengthy process to get health approval. We would rather have the permits in line early in the construction season. There were no other proponents of the project. The public hearing was opened to opposition. Opposition Two letters were received in opposition to the proposed expansion of Birch Park Mobile Home Court, and are a part of the record. Brenda Hall, 71 West Cottonwood, is opposed to the expansion of the existing park. I work for the County Weed District, and two years ago, on official business, I sent a letter to the absentee Iandowner, Alberta Singer, regarding noxious weeds on the property. I received a response a couple of months later, saying that she intended to expand the park and this would be taken care of then. That was two years ago. Nothing has been done. So, I am frustrated that she has owned this park for five years, and still has not had the incentive to make the tenants clean up their places. How can you force these people to clean it up? The corner trailer lot, she has actually been trying to evict those people for four months. Our worry is that if this expands, is that the kind of renters she is going to get in there, again? That this is where the people who can't afford a nice place will put their trailer? This is a concern for our property value. I would hope that she actually made good on her promise of improving the park. Right now, I have been frustrated, and even with the issue of weeds, she could have acted on it and didn't. Lynn Mergenthaler, 35 West Cottonwood, spoke in opposition. I keep the roads plowed going in and out, because I don't like getting woke up in the middle of the night because people are stuck. It is steep, and on a blind corner. I was interested in purchasing the property adjacent to mine, to put in some mobiles of my own. I was told they had to be double wides on a permanent foundation. There was only room for two, and I could not put on double wides to rent out and stay afloat. Yet, they warn to put 15 single wiles across the street. That isn't right. I wasn't able to do it across the street -These are health problems. I have seen raw sewage on the ground- There h� water leakage, year round. It is in poor maintenance, which devalues my property. Larry Hall, 71 West Cottonwood, said the roads are not maintained. One is : tr. a ,i completely iu • , . •where people are stuckl the time. nice ftw1w there that is about a M,000 traHer,,but what is going on Coming from the north, you can see the whole Wer parlL nere is one there is contagious, because he has tires, batteries, cars and junk in his ` yard, too. If this lady can't even awe by County weed laws, she is not going to be able to keep up with what she has planned here. There were no other speakers in apposition. The public hearing was closed and it was opened to Board discussion. Board Discussion There was considerable discussion on enforcement of the community decay ordinance, as well as the subdivision regulations for mobile home parks in order to bring this mobile home court up to a standard that the neighbors can feel comfortable with_ The applicant would have to meet the conditions of approval prior to final plat approval. Generally, performance bonds are not accepted for mobile home parks. The economic reality of the situation is that she needs the additional 15 spaces in order to get a bank loan to finance the improvements. The Board wanted to know what kind of maintenance agreement, covenants or park rules were in place'_' Andy Hyde read through the rental agreement/park rules, which she initiated last November, and entered into with the tenants. Johnson felt there was a problem with possibly having two sets of rules — one for the existing park, and another for the new expansion. Conner suggested adding a condition incorporating the park rules as further mitigation of the neighbor's concerns. Wilson said there is a provision in the subdivision regulations for management regulations and that would be appropriate to add as a condition. If the park rules are not enforced then she is in violation of the condition of plat approval. Lopp agreed that adding the park rules as a condition was an excellent idea. Upgrading the park, and raising the lot rent will help to clean it up. Enforcement of the rules, however, is a concern. The Board agreed by consensus to add a condition #15: "That be included with final plat and enforced by the pLoD= owner." There was discussion on the inaportance of the availability of Evergreen Water and Sewer. Condition #b, was modified to add "Seek approval from the Evergreen Water and Sewer District f rr service " 7 b Condition #14 was amended to add hr, preliminary W9 iW k valid for three ye af3 and that the conditional use permit ..." Motion Kennedy moved that the Kalispell City -County Planning Board adopt report #FPP-97-3 as findings of fact and recommend the County Commissioners grant preliminary plat approval for the expansion of Birch Paris Mobile Home Court subject to the attached 15 conditions as amended. Conditions #6, #14 and the new #15. Bahr seconded. On a roll call vote the motion carried 9-0 in favor. WILLOW BROOK / The next item on the agenda was introduced on a request by Billmayer PRELMNARY Engineering on behalf of American Land and Development, Inc. for PLAT preliminary plat approval of an 87 lot subdivision, called Willow Brook Subdivision. The property is located in the Willow Glen Zoning District and is zoned R-3, Single Family Residential. The property proposed for subdivision contains approximately 28.86 acres and is located on the east side of Willow Glen Drive directly across from Kelly Road and approximately 1,100 feet south of Leisure Lane. The property can be described as Assessor's Tracts 4C and 4AA in Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Staff Report Wilson gave a detailed presentation of report #FPP-974. The application was reviewed in accordance with the necessary criteria, and based on the evaluation, 16 conditions of approval were recommended. A change was made to condition #12 to add 'hat all water and sewer plans and specifications shall be reviewed and approved by the DEQ, the Kalispell Public Works Department, and Kalispell C& Council." Questions Conner had concerns about possible hazardous waste on the site. Public Hearing The public hearing was opened to those in favor of the proposal. In Favor Tay Billmayer, Billmayer Engineering, spoke on behalf of the developer. He addressed Mr. Conner's concern regarding the fact that this used to be an equipment yard, and there has been oil on the ground surface. Off was not disposed of on this property. The shop fi►cdity is not a part of this subdivision, but we have looked into that to assure that there is not - _.. an overall problem. We are caugbt between the city and ownLY differences of philosophy in zoning. They are both R-3, but we made the lots at 10,000 square feet for county R 3, rather than 7,000 square feet for city R 3. We lost some units, but the dverall economics will be about the same. We have established bony between the staffs goals and the developer's goat. 8 He elaborated on the stormwater treatment facility. We have been working on wetlands for treatment of both sewage and stormwater. There was a real need there for the entire neighborhood, because it has never been adequately addressed. We have had discussions with the County Commissioners and hopefully will be able to fill in the gap to this comprehensive solution. If we do not come to a final decision, we will be redesigning. A redesign will be significant if we are forced to come up with a different stormwater system. We expect this to be fenced, so that there will not be access for children. We have had meetings with the Christian school about improving their playground equipment, and in addition to cash -in -lieu of parklands, that utilizes the amenities in the neighborhood. No one else spoke either in favor or in opposition to the project. The public hearing was closed and opened to Board discussion. Board Discussion Conner commented that he thought Willow Glen is scheduled to be reconstructed. Wilson clarified that it is on the priority list, but there are no design and construction plans at this time. It is number three on the list. Kennedy reviewed the project as it was discussed at the council work session the previous evening. The parklands issue was important to the Greenacres neighborhood, to preserve some green space, and to have a place for neighborhood children, however, the Commissioners had a different view. Brenneman also had a concern about the cash in lieu of parkland. His preference would be to have a park within the subdivision. As a parent, I would be uncomfortable with my kids crossing a construction zone to get to the playground, and those living in the north lots would _be about 'h mile from the Christian school. He also had concern about the transitory nature of a Christian school. There was considerable discussion on the parkland arrangement however, it was agreed that the condition #9 addressed it. Dennis Dortch, President of the Greenacres Homeowner's Association, was asked to comment on the homeowner's feelings on this subdivision. He stated that their preference was to have parkland for the neighborhoods. In general, they are satisfied with the project. If the lots had been at 7,000 square feet, it would have been a different story. They are happy to see the wetlands Mended to make up for those that have been filled in. It will bea� great improvement over the yell ,d*S Kcyard. ( 0 Based on Mr. Billmayer's testimony, condition #9 was modified to strike the last part of sentence 2 to: "Access from the subdivision to the school shall be provided. treatment sweJe. A pedestrian access easement shall be located ..." Motion Carlson moved that the Kalispell City County Planning Board adopt the findings of fact in report #FPP-97-4, and recommend that the County Commissioners grant preliminary ptat approval for the subdivision subject to the 16 conditions as amended by discussion. Kennedy seconded. On a ro11 call vote the motion carried unanimously in favor. OLD BUSINESS Other old business was update on the Kalispell City -County Master Plan. Chapters 1 and 3 were submitted to the Board for their review. Any comments or changes were solicited from Board members on this information. By consensus, the Board agreed to meet at 6:00 p.m. for a one hour work session before the regular meeting on April 8'h. NEW BUSINESS Conner wanted to discuss under new business the provision for a green belt buffer, which came up tonight with the Begg Park. Another issue which was brought up was some sort of leverage to enforce the decay ordinance. There was discussion on the decay ordinance. ADJOURNMENT There being no other business, the meeting was adjourned at 10:15 p.m. Therese Fox Hash, President APPROVED: Elizabeth Ontko, Recording Secretary