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D. Immanuel Lutheran Home Conditional Use PermitCity of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Immanuel Lutheran Home 185 Crestline Avenue Kalispell, MT 59901 LEGAL DESCRIPTION: The expansion of an existing nursing home involving the construction of twelve new rooms in the east wing of the building and creating a new entrance at the south end of the building and described as Lots I and 2, Blcok 2, Highland Park Addition located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County Montana. OWNER: Immanuel Lutheran Home 185 Crestline Avenue Kalispell, MT 59901 ZONE: Hospital Zoning District, H-1 The applicants have applied to the City of Kalispell for a conditional use permit to allow the expansion of an existing nursing home with the construction of twelve new rooms in the east wing of the building and creating a new entrance at the south end of the building which will allow drive through traffic for drop-off and loading. This new entry will necessitate the relocation of some of the parking to the east end of the property. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on October 15, 1997, held a public hearing on the application, took public comment and recommended that the application be approved subject to three conditions. After reviewing the application, the record, the.FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby j:\wp\cup.inunanue1 adopts Flathead Regional Development Office, Conditional Use Report #KCU-97-7 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the expansion of an existing nursing home a group home in the H-1, Hospital zoning district subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved site plan. 2. That the applicant obtain all required permitting and licensing applicable to the facility. 3. That approach permits be obtained from the Kalispell Public Works Department for the new driveway onto Crestline Avenue to the new entrance and the approach on alley to the East for the new parking lot. At the time an application for the approach permits is submitted, the applicant shall demonstrate that drainage impacts have been adequately addressed. The conditional use permit, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. Dated this day of , 1997. Douglas D. Rauthe, Mayor j:\wp\cupAmmanue1 2 STATE OF MONTANA ) : ss County of Flathead ) On this day of , 1997 before me, a Notary Pubic, personally appeared Douglas D. Rauthe, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires j:\wp\cup.immanue1 3 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 October 22, 1997 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for Immanuel Lutheran Home Expansion Dear Clarence: The Kalispell City -County Planning Board held a public hearing at their regular meeting of October 15, 1997, at 7:00 PM in the Kalispell City Council Chambers. During that meeting they considered a request by Immanuel Lutheran Home for a conditional use permit to allow the expansion of an existing nursing home in the H-1, Hospital, zoning district. The expansion would include a new entrance and twelve units on the east wing. The site is located approximately 1,200 feet east of Highway 93 North on the north side of Crestline Avenue in Kalispell. Narda Wilson with the Flathead Regional Development Office described the proposal stating that it appears to be highly compatible with other uses in the area. She recommended approval of the project subject to four conditions. The architect representing the applicant spoke in favor of the proposal and explained the plans for expansion. No one else spoke regarding the proposal. After taking public testimony and discussion, the planning board adopted staff report KCU-97-7 as findings of fact on a vote of eight in favor and none opposed, and are recommending the city council grant the conditional use permit subject the conditions outlined in Attachment A. Please schedule this matter for the November 3, 1997 regular city council meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, Kalispell City -County Planning Board as,, ":_� Pamela J.B. Kennedy Y Vice -President PJBK/NW/eo Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Attachments: FRDO Report #KCU-97-7 Attachment A Draft Minutes for the 10/ 15/97 PB meeting c w/o Att: Immanuel Lutheran Home, 185 Crestline Ave, Kalispell MT 59901 David Meredith, PO Box 7128, Kalispell, MT 59904 c w/Att: Debbie Gifford, Kalispell City Clerk H: \... \TRANSMIT\KCU97-7 ATTACHMENT A CONDITIONS OF APPROVAL FOR IMMANUEL LUTHERAN HOME CONDITIONAL USE PERMIT AS RECOMMENDED BY KALISPELL CITY -COUNTY PLANNING BOARD OCTOBER 15, 1997 1. That the proposal will be developed in substantial conformance with the approved site plan. 2. That the applicant obtain all required permitting and licensing applicable to the facility. 3. That approach permits be obtained from the Kalispell Public Works Department for the new driveway onto Crestline Avenue to the new entrance and the approach on alley to the east for the new parking lot At the time an application for the approach permits is submitted, the applicant shall demonstrate that drainage impacts have been adequately addressed. 4. That the conditional use permit is valid for a period of 18 months from the date of authorization. H\... \TRANSMIT\KCU977A h _ ' IMMANUEL LUTHERANHOME FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE PEJ„1 STAFF REPORT OCTOBER 8, 1997 A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request for a Conditional Use Permit to allow the expansion of an existing nursing home in the H-1, Hospital zoning district. A public hearing on this matter has been scheduled before the planning board for October 15, 1997, beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the City Council for final action. A. Petitioner J Owner: Immanuel Lutheran Home 185 Crestline Avenue g - - Kalispell, MT 59901 (406)752-9662 Technical Assistance: David Meredith P.O. Box 7128 Kalispell, MT 55904 (406)752-4200 B. Location of the Site, Size and Description: The facility is located approximately 1,200 feet east of Highway 93 North on the north side of Crestline Drive in Kalispell. `= -Buffalo Hill Golf Course form-s-=the- eastern border of the property. The nursing' home occupies two ldt'an :lid= Park Addition subdivision at 185 `Crestline Avenue. -Combined both lots total approximately 22,000 square feet or just over one-half acre. The property can be described as the Lots 1 and 2, Block 2, Highland Park Addition located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Nature of Request: The applicants are requesting a conditional use permit to allow the expansion of an existing nursing home which provides three different levels of care. The Alzheimer's residents are located on the west wing of the building, the residents requiring skilled nursing care are in the middle wing and the independent residents are located in the east wingwherethe 12 room expansion is proposed. There is currently a total of 139 rooms in the facility, with approximately 40 of them designed for double occupancy. The proposed expansion, involves the construction of twelve new rooms in the east wing of the building and creating a new entrance at the south end of the building which will allow drive through traffic for drop-off and loading. This new entry will necessitate the relocation of some of the parking to the east end of the property. New construction will blend architecturally with the existing single story building by continuing with a residential style. D. Existing Land Use and Zoninjr. Immanuel Lutheran Home currently exists on the property. Their general operations purpose is to provide a residential facility for elderly people who require various levels of personal care ranging from relatively independent living to full care for patients with dementia The zoning regulations would generally classify this facility as a nursing home. The property is located in the H-1, Hospital zoning district, which lists nursing homes as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: North: An unoccupied church and medical offices, H-1 zoning South: Single family residences, R-3 zoning East: Buffalo Hill Golf Course, P-1 zoning West: Buffalo Terrace residential facility, H-1 zoning ®_ _ F. Master Plan flan. This property is designated as Medical - Professional on the Kalispell Cite -County Master Plan Map. The proposed addition to the nursing homes complies with the master plan land use designation. G. Utilities/Services: Sewer service: Water service: Solid Waste: Gas: Electric: Phone: Police: Fire: Schools: City of Kalispell City of Kalispell City of Kalispell Montana Bowe' Company Pacific Power (underground) PTI (underground) City of Kalispell Kalispell Fire Department School District #i5, Kalispell H. Evaluation of the Request: 1. Site Suitability: a. Adequate Useable Space: The total site is a combination of two parcels within the Highland Park Addition subdivision that comprises approximately . 22,000 aware feet, slightly over one-half The addition of the new residences and new entrance V MM 'ba ` ►siru cted within the required setbadco without any problems., The relocated, parking lot will also bo_ easdy cx n� w ithm the psatel bouri 'There is adequate xi! $bU space to accommodate the add b. Adequate Aoce Access to the site is directly off of Ore ter e- Avenue. This access `will. be modified somewhat to accommodate tie thew drive through entrance. Reconfiguration of the driveways will iced to be coordinated with the Kalispell Public Works Department. There is also an existing driveway approach along the east end of the property from the 2 alleway. This will not be significantly altered to provide access to the new parking lot. There is also access from the alley to the north to a couple of small parking lots. This access area is basically uncontrolled, but does not appear to present significant problems. C. Environmental Constraints: There are no apparent environmental constrains associated with the property. Drainage from the parking lot to the south along Cres .line Avenue may create some drainage problems, but the reconfiguration of the entrance may present an opportunity to address problems if they exist. The Kalispell Public Works Department would be interested in helping the applicant assess and address potential drainage problems associated with this area. 2. Appropriate Design: a. Parking Schemer After construction and the relocation of some of the parking from where it currently exists at the main entrance to the new location at the east end of the property, where there will be approximately 57 sparking spaces. The Kalispell Zoning Ordinance requires one space per five beds plus one space per staff member on maximum shift. Immanuel Lutheran Home will be able to accommodate approximately 200 residents once the addition is complete. Occupancy numbers generate the need for 40 parking spaces plus employees. The number of employees was not stated in the application. It appears that parking is generally met and there is an opportunity for occasional overflow parking on the south side of the street. If the need for additional parking is identified, it appears that there ,is_ _ adequate space on the property to provide the necessary parking. �g g: b. Traffic Circulation: Reconfiguring the- build�n -vuill create a better traffic circulation pattern for people using the facility. A new entry wing will allow easy drop-off and pick-up without the need to park. Also, the new parking lot to the east will break up the existing parking lot and allow additional landscaping at the main entrance which was previously asphalt. C. Open Space: No specific open space requirements would apply to this proposal other than adequate building setbacks which have been shown to comply on the site plan. However, there is plenty of informal open space on the west end of the property which has a nicely maintained, expansive lawn area..- Within the facility itself there is a formal courtyard on the north side of the building between the middle and west wings. d. Fencing/Screening/Landscaping: Some additional landscaping is shown south of the new entrance which will complement the existing mature landscaping throughout the facility. No additional fencing or screening is proposed with this ' project. At present, there is very nice mature landscaping throughout the grounds. 3. e. Siy_nMj&e: A new sign will be designed for the facility which will comply with the City zoning standards. The applicants will be required to obtain a permit for the sign from the Kalispell Zoning Administrator. Availability of Public Services/Facilities a. Schools: This development is within the boundaries of School District #5. No impact on the school district can be anticipated as a result of the expansion of the existing facility. b. Parke and Recreation: Senior citizens in the, City of,I(alispell take advantage of the many programs and outings dud the Parks and Recreation Department offers on an year round basis. The seniors residing at this facility may have some minor impact *t pp4dn _pg g and recreation services offered, but would also be paying a small" fee to cover the costs of operating the program. The Part Re ,cqxb*w Department would not be -negatively impacted by this expanskRLI PA C. Police: This facility would be saved by the Kalispell Police Department. No significant impact to the police can be anticipated as a result of this use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. A portion of the building will be sprinklered and the other will be constructed according to the appropriate code& There is generally good access to the site and hydrants are in place. No significant impact to the fire de"- can be anticipated as 4 result -of this proposal. e. Water: City water 'currently sents the' unpact on water services prdvided by the City can Ij6'antfc#w!e& f Sewer. Sewer service will- be provided by -the City of.,Kalispell. No significant' unpact on sewer services provided, by tbc- cCity can be anticipated.- 9. Solid Waste: Solid waste pick-up will be provided by the City. A refuse area is located at the rear of the building along the alley A the north. No sigrifficant, impact can be anticipated as a result Othis use.,,:, h. Roadw. Sothe-minor additional vW_,+sult with this expansibn.��_-Haweirff VnaraUy good ..-Creftline Avenue isa Oty_eUTA-.Jw Oj" could, create condition.-Llisfiic would imat beill, nreased to.Ahe goW significant negative impacts on the road aye= in the aregL Aa= -"-iler of this- n north and eighborhbod is atatmoftlhl t�bos:OW 71 residential uses talhouth. 7W_I6c9ity a%d*O* jpg�# wwwgfim between the two. The structiv& it on,—eatory, v* ' h a-midt,-4tial desigm The size of the strucb"e indicates that it is not a typical residential building, but it blends nicely. Property values will be maintained and no inappropriate impacts would result frorn this use or its expansion. 0 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 letter of support was received by the Flathead Regional Development Office which has been included with the staff report. SUMMARY OF FINDINGS 1. The size and location of the site is adequate to accommodate the proposed expansion. 2. The design of the site with regard to access, parking, location of the building, traffic circulation and landscaping is in general compliance with the zoning and design standards of the City. 3. Existing public services and facilities are adequate to accommodate the proposed use. 4. No negative impacts to the neighborhood can be anticipated as a result of the construction of this facility. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-97-7 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be granted subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved site plan. 2. That the applicant obtain all required permitting and licensing applicable to the facility. 3. That approach permits be obtained from the Kalispell Public Works Department for the new driveway onto Crestline Avenue to the new entrance and the approach on alley to the east for the new parking lot At the time an application for the approach permits is submitted, the applicant shall demonstrate that drainage impacts have been adequately addressed. 4. That the conditional use permit is valid for a period of 18 months from the date of authorization. H: \... \KCU 197\KCU9?-4 5 INS 00 p 8-{5-lii 0HE5 REMEW .RR_ a ©� Sx 9-5- M FEW. MJ:)&. PRHT. \ -1k \ q-,� s4o!t-1 ---------------- \ \ \ ♦ \ \\ r / , z ` of u x voHIT Na CM BAN HOME MEREDIT�I OW ' ADDITION CONSTRUCTION lBig,- AVENUE COMPANY 'S rl �NTANA P.O. Box 7128 ll . irtolpt Q 904 Tel (406)760-4200 XaaIC 4 --albe t t� t t I I 11 iF iL 1 1 1 1 I t t 1 7'II_ I 1 i ! 1 t t t t - t_ _ II li f `J,7� ..�.. � �. _ _ ✓ _ �� 'tea, r r f � :`'*'��P'�' �. � t 8 `k e-rs-�n oyes MEREDTl'H _+ EW1LlNUEL LLtTHERAN HOME CONSTRUCTIO 22-2 ME at xxs �nr. I°+ M MODEL AND ADDITION �yu` �-• g 185 CRESTLINE AVENUE CQMFANY z p KALISPELL, MONTANA g. i :.u�.�ai ►' +► ` ' = ' st t s ice -asoo s.Y � ��ar r, a IMMANUEL LUTHERAN HOME MEREDITHAND' a DDITION CONSTRUCTION 1 go REMODELgoCRESTLINEA AAVENUE COMPANY r KALISPELL, MONTANA P.O. Do: 7128 � Tel (404)762-4200 ! v 0 _.. r kil P Kh r � r M�1d M p� lflA! 14"1i ��: ~r€*fin r 4 Fam J i Y � IN KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING SEPTEMBER 15, 1997 Workshop on Master There was a workshop session scheduled at 6:30 p.m. on the Master Plan Update Plan. Steve Kountz gave an update on the progress of the survey, committees, and the scoping meeting. CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning AND ROLL CALL Board and Zoning Commission was called to order at 7:00 p.m. Board members present were Walter Bahr, Robert Sanders, Niilt Carlson, Jean Johnson, Pam Kennedy, Mike Conner, Joe Brenneman, and Robert Lopp. Therese Hash was absent (excused). The Flathead Regional Development Office was represented by Steve Kountz, Senior Planner and Narda Wilson, Senior Planner. There were approximately 30 people in the audience. APPROVAL OF The minutes of the meeting of September 9, 1997 were approved as MINUTES written on a motion by Conner, second by Brenneman. Announcement / The public hearing on the request by Paul J. Stokes and Associates on RINKE ZONE behalf of Robert Rinke and John Coziahr for a zone change from R-1 to CHANGE / R-2 on property located north,of West Evergreen,Drive,on the west side. Postponement of Kings Way, has been postponed: until, the -.November meeting, on the request of the applicant. FIRST SECURITY The first public hearing was introduced on a request by First Security BA.ti'K ZONE Bank of Kalispell for a zone change from the current B-1, Neighborhood CHANGE / FROM Buffer district, to B-3, Community Business district. The property B-1 TO B-3 proposed for a zone change contains approximately 1.48 acres out of an approximate 2.35 acre parcel, located on the northwest corner of Meridian Road and Two Mile Drive, and can be described as the east 362 feet of Assessor's Tract 5CD in Section 12, T 28 N, R 22 W, P.M.M., Flathead County. Staff Report Wilson gave a presentation of report #KZC-97-3, which evaluated the request according to the statutory criteria for a change in zoning. On the basis of the findings, staff recommended the zone be changed from B-1 to B-3. Public Hearing • The public hearing was opened to those in favor. In Favor Bruce Lutz, representing Great Northern Bank Shares, spoke in favor. 1 We feel this is a very reasonable request, conforming to the neighborhood plan, the adjacent current uses and the trends of uses in that area. This is not a significantly different use than those permitted in the B-1 zone. It just happens that banks are not included in B-1. We feel we can provide a real service by locating a bank here. With the assisted living units and the residential flavor of some of the neighborhood, and we can cater to walk in traffic. The bank will fit in nicely with the infrastructure improvements slated for that area. David Dachs, 335 Summit Ridge Drive, spoke in favor because it will be much more convenient for myself. I have a business at 1874 Highway 93 North, which is close to the intersection of Highway 93 and Meridian. It is a hassle to drive into town for bank business every day on Highway 93, which is hectic, at best. John Zauner, 810 7* Ave E, and have a business at 1011 Highway 2 West across from the fairgrounds, and it appears to me there is a need for a financial institution closer to that area, with the possible expansion of Gateway West Mall and the surrounding area. Robert Bracken, Greenwood Trailer Park, visits the post office daily and shops at Buttrey's, and it would make sense to have a financial institution close to those facilities, to avoid the downtown traffic situation. Helen Weber, Glenwood Drive, spoke in favor on behalf of many of the senior citizens that live out there. A bank would be great for all of us. Bank buildings are always very nice looking and would be good for the area. Alan Ruby, 320 Hilltop, was in favor of this zone change. It doesn't seem to be a significant change in the use, and would certainly help in my daily commute. And my son going to the high school, it helps him from driving any more than he has to. Mary Ruby, 320 Hilltop, said that my husband is a small business owner and banks at First Security. Years ago, John very conveniently relocated Ins downtown bank just a block from where we lived. Since then, we have moved to North Ridge, and now I'm glad he is going to relocate another bank close by. It makes it convenient for us to do our banking. It is a beautiful plan. Gene Lard, 3001 South Main, a commercial appraiser, and we were called upon to talk with property owners in the area I agree with the staff report. Based on the growth in the area and different housing projects going up, and what is already on Meridian, the zone change will 2 not have a detrimental effect, and will enhance the neighborhood. John King, 134 North Haven Drive, president of First Security Bank, acting as agent for Great Northern Bankshares, was in favor. The proposed financial facility will provide many services to the residents and businesses in that area of town_ The facility and surrounding landscaping will beautify that corner. It will generate more tax dollars for the City of Kalispell, than does the present vacant lot. It will promote convenience for a great number of people who live and work on this side of town. The presence of a financial facility in the neighborhood will further establish the viability of commercial properties in this area and promote our community. We request that you grant the zone change. A.J. King, Senior Vice President of First Security Bank, which is a locally owners, independent, community bank. All decisions are made here.and the Board of Directors are citizens of the area. Competition is tough in this area, and we thought this would be the best place. It is in the City of Kalispell, and as a board member of the Kalispell Development Corporation, we are trying to keep Kalispell intact. With the post office there, and possibly a bank, it creates a real lure for other businesses coming into the area. I hope you vote in favor. Sterling Rigg, 132 Fairway Blvd, said he is a Director of First Security Bank. I believe this building will an asset to that locality, and I don't think that a bank would be any more objectionable .than those businesses already allowed in the B-1. No one else spoke either in favor or in opposition to the zone change. The public hearing was closed and it was opened to Board discussion. Board Discussion Lopp expressed concern about the need for adjustments from having two zoning districts on a single parcel. Wilson answered that she encourages the applicant to consider a subdivision or boundary line adjustment, but we have no mechanism to require that to be done. Lopp commented on the changes he has seen on that site, and is glad to see the bank come in. They have a good reputation. The key issue on that comer is going to be the access points, as it is already a busy intersection. Narda commented that the preliminary design presented to the Site Review Committee by Bruce Lutz was very well thought out. It reduces left hand turns onto Meridian by making it one-way. There will an access 3 on Two Mile Drive and Glenwood, which takes into consideration that busy corner. It will be very pedestrian friendly, as well. Motion Bahr moved to adopt staff report #KZC-97-3 as findings of fact and recommend to City Council the requested zone change from B-1 to B-3 be granted. Conner seconded. On a roll call vote, the motion carried on a unanimous vote in favor. AMENDED PLAT Kennedy introduced the next public hearing on a request by Sands BUFFALO STAGE Surveying, Inc. on behalf of Penco of Montana, Inc. for preliminary plat PHASE I, approval of a 24 lot single family subdivision on 5.85 acres. The LOTS IT-12T / subdivision is a replatting of 12 four unit townhouse lots which were PRELIMINARY previously approved for 48 townhouses in the Buffalo Stage Subdivision PLAT Phase I. This proposal will amend the previously approved subdivision lots to single family lots. The property is described as Lot IT through 12T Buffalo Stage Phase L in Sections 31 and 32, T 29 N, R 21 W, P.M.M., Flathead County. Staff Report Wilson presented an overview of report #KPP-97-2. With a variance which was granted from the minimum lot width on October 'Id, the preliminary plat meets all the necessary requirements and was recommended for conditional approval. Public Hearing The public hearing was opened. Eric Smith, representing Penco of Montana, Inc., who purchased Buffalo Stage Subdivision Phase I, and had options, which they did not exercise on Phases II and M. The original concept behind their purchase of this from Buffalo Chip partners, was to build a large number of single family residences in Phase I on the 45 lots, and build 48 townhouses on these lots that were already approved. The market was not what they thought it was. They were not able to sell as many homes as quickly as they wanted to. They decided, based on my recommendation, that the best way to sell the lots would be to decrease the density, sell 24 lots as single family residential, rather than 48 units. A number of people who bought lots in Buffalo Stage Subdivision had concerns about townhouses being built there. I am glad to be invohred in real estate deals where we lower the density. I think it is a nice c - Kathy Quint, 116 Buffalo Stage, spokein favor of this project. I think that single family homes would fit much better in this neighborhood and -the River View Greens 'neighborhood to the south. When my husband and I hooked at homes in that area, �w,e were a little hesitant, because we understood the area had been approved for townhouses. But, we found 4 out through our realtor that this change would be coming, so it helped us to make the decision to buy in that area. We like the community and I think the single family homes would be a much better fit. No one else spoke either in favor or in opposition to the project. The public hearing was closed and the meeting opened to Board discussion. Board Discussion Lopp commented that an additional proponent would be School District #5, because one of their concerns was the number of potential students in an already loaded school community. I am pleased to see the density reduced. Single family, by its nature, is more stable, and being directly next to the school, provides a better environment for the school. The Board agreed that this was a clean proposal. Motion Carlson moved that the Kalispell City -County Planning Board adopt the findings of fact in report #KPP-97-2 and recommend that City Council approve preliminary plat for Amended Plat of Buffalo Stage Phase I, Lots IT-12T, to be known as Buffalo Square Subdivision, subject to the five (5) conditions. Johnson seconded. On a roll call vote the motion carried unanimously in favor. EVIMANUEL The next public hearing was introduced on a request by David Meredith LUTHERAN HOME on behalf of Immanuel Lutheran Home for a conditional use permit to CONDITIONAL allow an expansion of the existing facility including a 12 bedroom USE PERMIT expansion and a new entryway into the. -,existing facility., -:The property is zoned H-1, Hospital, which lists nursing homes as a conditionally permitted use. The property is on Crestline Avenue, and can be described as Lots 1 and 2, Block 2, Highland Park Addition, in Section 7, T28N, R21W, P.M.M., Flathead County. Public Hearing The public hearing was opened to those in favor. In Favor Dave Meredith, representative for Immanuel Lutheran Home, was hired to design the expansion for the nursing home facility. He explained the design, and the need for the service. No one else spoke either in favor or in opposition to the project. The public hearing was closed and opened to Board discussion. Motion Conner moved to adopt staff report #KCU-97-7 as findings of fact and recommend City Council grant the conditional use permit subject to the four conditions. Bahr seconded. On a roll call vote the motion carried on an 9-0 vote in favor. 5 BUFFALO The next public hearing was on a request by Montana panning COMMONS Consultants on behalf of Northwest Health Care for preliminary plat PHASE II / approval of Buffalo Commons, Phase II, a 35-unit townhouse PRELIMINARY subdivision on 8.44 acres which is part of a mixed use Planned Unit PLAT Development known as Buffalo Commons, approved in June of 1995. The property is located in the northern portion of the development which lies east of Highway 93 North and north of Heritage Way. The property can be described as Assessor's Tract 2DCEA and 7ETG in Section 6, T28N, R22E, P.M.M., Flathead County. Staff Report Wilson gave an overview of report #KPP-97-3, with a recommendation for 10 conditions of preliminary plat approval. Public Hearing The public hearing was opened to those in favor. In Favor David Greer, representing Northwest Healthcare, spoke in favor. This has already been discussed when the Planned Unit Development was approved. The zoning for this area has been RA-1, for at least 10 years, which would allow 60 townhouse units, on that piece of property. We are proposing 35 total. We are trying to design it, so that it appeals to senior citizens. These will be townhouse units. They will not be apartments or rentals. He briefly described the proposal. He requested that Conditions #2 and #5 be clarified to reference public streets and not the private roads. No one else spoke in favor. The public hearing was opened to those opposed. Opposition Dave Logan, 119 Indian Trail Road, a single family residence. I would like to use the same ammunition that was used for Buffalo Stage — the market for these lots is poor, and single family residences are more stable. This surrounds four single fanu3y houses with multifamily housing, which is detrimental to our property values. I have already filed a protest on my property taxes, because of this subdivision behind us. I have been involved in planning, in fire prevention and in real estate, and I have yet to find a definition for a townhouse. That tells me you can build anything you like and call it a townhouse. I think the same thing holds true here as what was said for Buffalo Stage, as to why they want it changed from multi-famm'ty to ale family. No one else spoke In oppodgm The public raring was closed and it was opened for Board dacussm .r r Board Discussion Carlson commented on the siuroundmg development in this area, and felt this was a well thought out project. Since he has to look at this development, he is glad to see the reduced density and single story buildings. Lopp brought up the issue that was brought up in the presentation that these are being targeted for retired people, which immediately raises a red flag. Greer explained that he thinks because of the way this is designed, it will appeal to the retired clientele, being as they are single story. There is no intention of limiting a particular group. Anyone wishing to purchase a unit is welcome. Mr. Logan's concerns were addressed. That particular piece of property has been under a great deal of discussion for a long time. The Planned Unit Development was approved for a mixture of commercial, single family and multi -family. Mr. Greer's concerns were addressed, and conditions #2 and #5 were modified to add the phrase "public roadways". Motion Lopp moved that the Kalispell City -County Planning Board adopt staff report 4KPP-97-3 as findings of fact and recommend to City Council that preliminary plat for Buffalo Commons Phase II be approved subject to the 10 conditions as amended. Carlson seconded. On a roll call vote the motion carried on an 8-0 vote in favor. - Conflict of Interest Jean Johnson declared a conflict of interest on the following agenda item and stepped down from the Board. Pam Kennedy declared a conflict as she is an employee of Nupac Pack & Co., a competitor of McElroy & Wilken. By consensus of the Board, she remained to chair the meeting, but will not enter into Board discussion or vote on the matter. McELROY & The next public hearing was introduced on a request by Paul J. Stokes WILKEN ZONE and Associates on behalf of McElroy & Wilken, Inc., for a zone change CHANGE / FROM on approximately 2.83 acres from the current R-4, Two Family R-4 TO R-1 Residential to R-1, a Suburban Residential. The parcel is located between 9`h Avenue EN , and W Avenue EN, north of their northernmost boundaries and is bordered ont he south and west by the Kalispell city limits, and can be described as Assessor's Tract 30I, Section 8 T28N, R21 W, P.M.M., Flathead County. Staff Report Wilson gave a thorough presentation of report #FZC-97-7. This zone change request was evaluated in accordance with the statutory criteria, and recommended for denial. 7 Public Hearing The public hearing was opened to those in favor. In Favor Jean Johnson, with Paul J. Stokes and Associates, representing McElroy & Wilken, on this request. This came before the Board and the Commissioners last summer with the request to extend the I-2 designation into this tract of land. After the hearings on that request, the applicant withdrew their petition in consideration of the adjacent neighbors concern for the objectionable development. With this petition, the applicant is proposing to create a transitional zone between R4 and the existing I-2. One of the major complaints of the original petition was that they did not want a factory next door. In consideration of that, the applicant looked at rather than having another 20 families living next door to a factory, this will reduce it down to 2 families. I take exception to two issues in the staff report. One, the county muster plan designates that it is an urban area, and in essence says it is marginally in compliance. Historically, the purpose of the master plan is to maximize density. Historically, whenever anyone has come before the Board in consideration of minimizing what has already been maximized, they have felt it was favorable. The other exception is to item #S. In there it says "the zone change may not give adequate consideration to the suitability of this property for the proposed zoning district, because it allows gravel pits..." Within this application, there is no factual data that says they intend to have a gravel pit. There are 20 other conditionally permitted uses in the R 1. Based on that, I recommend that the Board delete that portion, because them is nD factual data for that. I would also ask that you do the same in the summary - No one else spoke in favor. The public hearing was opened to those opposed. Opposition Kratrina Keiger, 496 9m Avenue EN, an behalf of my husband and myself, I request that the petition filed by Paul J. Stokes and Associates on behalf of McElroy & Wdken, be denied. What they address in this petition is an attempt to make it appear as though they withdrew the original petition out of consideration for the adjacent neighbors. This is a falsehood. It was withdrawn becam of our determination to block it at all costs. That determinafion. still exim. Whatever way they decide to go, R I does not change anything. Their' only reason for the R 1 is an attempt to obtain a conditional use permiffor a gravel pit. The ultimate outcome for the anTounding neighbm will be the same. We will be forded to live with the noise, 'dust, etc., only closer. We will be ftCed with depreciation of our property ffia we have all received reappraisals from the State within the last 6 wedm. I don't know about the other neighbors, but mine took a big jump- Nothing has changed. They over- 8 mined the existing pit abutting the subject property. Now they need the subject property to cut their costs for reclamation, and extend the life of the existing pit, which will put more money in their pocket. We will have to live with the increase in property taxes, and the depreciation of property values because of the extension of the pit. I beg you to please deny this petition on behalf of the neighbors, and the ultimate impact that this petition will have on us. Sharon Copeland, 560 9* Avenue EN, west of the subject property. I am here again, as I was on June 100`_ I have the same concerns as before. I have a well on the subject property_ No one from McElroy & Wilkin or Paul Stokes and Associates have approached us about the well. I have concerns about my well if they purchase this property and continue to mine it. We know that is why they are asking for the R-1. We ask that you deny this to save the neighborhood. Clara Ellen Anderson, 484 8 h Avenue EN, was here and talked at the meeting in June, too. I am against this zone change. All my concerns were stated before. , They haven't changed. I have noticed since that meeting that there has been a build up of dirt around the entire premises. They are in the process of putting a chain link fence around it. I have lived there for 30 years, and I have never observed anyone doing anything bad to their property. I feel like the gravel is getting bigger and deeper. They want to go further in, and I don't think it has any positive results for our neighborhood. I,urge that you deny this zone change. James Bower, 955 E Oregon St, for 30 years. This was a nice, cozy community when I first moved there. Over the years, as the hills went down to the north and east, we started getting more wind, more dust, and noise. It will be a detriment to our neighborhood. I really do think they plan to expand their gravel pit, and I don't need a gravel pit outside my back door. Gladys NUam, I0a` Avenue EN, this would be right in my back yard, on the north and east. I have a lot of beautiful trees and things that I love. They are going to ruin it. I am very opposed to it. No one else spoke in opposition. The public hearing was closed and it was opened to Board discussion. Board Discussion Brenneman asked �about the conditional use permit process. Wilson said that conditional use permits in the county go before the County Board of Adjustment, which is a quasi-judicial board. Their decisions can only be appealed to District Court. The Commissioners 9 would not review the conditional use permit. They would take final action on the zone change request. Brenneman commented that as brought up, there is no indication that the intention is to put a gravel pit there. How much are we allowed to consider what is obviously intended, without it being stated? Lopp spoke to that, because earlier we did exactly that in changing a zone on the corner of Meridian and Two Mile Drive. if we looked only at changing the zone on a piece of land without any consideration of what was going to go on it, we might have asked other questions. We clearly knew what was being proposed, who was proposing it, and to a great extent, on the strength of that information, did not ask questions about the need for a zone change. Now, we are looking at exactly the same thing. A proposal to change a zone. We cannot really divest ourselves of the information whether it is being stated explicitly by the developer or staTs view of what will happen. I cannot separate those two. On the one hand we were very positive in approving a zone change. Now, we are looking at another zone change, and are told there is nothing in the application that tells us what they are going to do with it. However, there has been no indication that there is a change in their intent. A gravel pit was a stated purpose in the previous application, which was withdrawn. Wilson pointed out that her findings in the staff report that there would, be uses allowed in the R-1 zoning :disttrict that would not be compatible with the urban development in the area, and gravel pits are one of them. This is not to presume with all certainty that this will be a gravel put, but to demonstrate that the R-1 zoning is not really consistent with what we would anticipate in that area. An R 1 district would more normally be located in more rural areas, away from concentrated urban development. There are incompatible uses in the R-1, that you would anticipate in the rural areas of the county. Carlson noted that there is not an R 1 zone within two miles of this subject property. I would consider that more of a spot zone than anything else. Bahr agreed that one <has; to be and have empathy for the neighbors who will be impacted quite substantially by, what in the past, has been proposed.,. this property: , -It - is a very unique piece of properly. The owners are more or less stuck with the property. rw western portion is so -steep that -major modification to that hill, nothing could pass inspection without taking about 20 feet off the top, to get it down to a rmsonable grade where any building could be done. The 10 I 1/2 acre lot is next to a high residential area. At the same time, McElroy & Wilken have a high investment in a gravel pit adjacent to this and would like to have access to more gravel or they will be forced into a relocation. The particular property has more frontage on I-1 district than it does on R-4 district. Sooner or later that gravel pit is going to have to be reclaimed. At that time, something is going in there, and that is going to effect the property owners, whether it happens in the near future or 20 years from now. I think their earlier proposal was reasonable. It wasn't perfect for the homeowners, nor was it perfect for McElroy ,& Wilken, but somewhere in between what can be done, could be done or should be done. I think it is the best solution for the current owners of that property that is mostly surrounded by a gravel pit. They have the most to gain and the most to lose. I would prefer to get the mining done and get it reclaimed. I would like to see the Board put a time limit on McElroy & Wilken for reclamation of that pit, if it is going to happen. Wilson assuming that this gets approved, really the only way that this Board could do that would be to make a recommendation to the Board of Adjustment. Lopp noted that recognizing that they will have to close out that site at some time in the future, and must meet the reclamation requirements, a coordinated plan which included the details of how, when each phase would occur, and what the impact would be to the overall site and the neighborhood, then we would have something of balance in both directions. It is a hazard right now. I can see why they are fencing. At that point, maybe they can meet a reduction of noise, dust, retention of the slope, with timelines so the neighborhood knows what is going to happen and when. Johnson was asked about any reclamation plan that exists for this pit? He said there are two plans, and explained the two plans on file. They don't have much teeth because they predate when the reclamation laws got more stringent. A conditional use permit would put conditions on it, if that is what they elect to do. They are looking at other things and part of the activity is the beginning of the reclamation. That little hill is not going to provide them with millions of dollars and years worth of gravel. It is a plan to incorporate into their entire design. Motion Lopp made the motion to adopt the findings of fact in staff report #FZC- 97-7 and based on these findings, recommend to the Board of County Commissioners the requested zone change from R-4 to R-1 be denied. Conner seconded. On a roll call vote Carlson, Lopp, Brenneman, and Conner voted aye. Bahr and Sanders voted no. The motion carried on a 4-2 vote. 11 OLD BUSINESS Wilson informed the Board that the update of the Kalispell Zoning Ordinance is underway between FRDO and City staff to address some housekeeping amendments. She asked for any comments from the Board. NEW BUSINESS The November Planning Board meeting will be on Thursday, November W, due to the Veteran's Day holiday on Tuesday. Bob Lopp and Pam Kennedy willl not be able to attend the Thursday meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 9:1 S p.m. Pamela J.B. Kennedy, Vice -Chair APPROVED: 12 Elizabeth Ontko, Recording Secretary