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Photo by Dale DufourBigfork Land Use Advisory Committee(BLUAC) Flathead County Commissioners established the Bigfork Land Use Advisory Committee (BLUAC) in 1993 with the adoption of the Bigfork Neighborhood Zoning District. The Committee consists of six elected members and one appointed Member at Large. Elected members serve for three years, the appointed Member at large serves for one year. BLUAC acts in an advisory capacity for official Flathead County land use decision-making boards and Flathead County Commissioners concerning applications and proposals for growth and development projects within the Bigfork Zoning District of Flathead County, Montana. The Committee serves as a liaison between Bigfork citizens and the County in providing useful and beneficial information utilizing citizen input concerning issues of interest and concern to the community. BLUAC provides leadership and expertise in supporting community efforts to secure orderly growth and development within the defined land use area.
______________________________________________ Bigfork Land Use Advisory Committee John Bourquin (2011) 837-0669 Darrel Coverdell (2010) 837-2850 Shelley Gonzales,Chairman (2012) P. O. Box 2105 Bigfork, MT 59911 837-5346 chuygonz@centurytel.net Charles Gough (2010) 837-0771 Paul Guerrant, Vice-Chairman (2012) 837-2124 Al Johnson (2010) 837-3534 Gary Ridderhoff (2011) 837-0685 Sue Hanson ______________________________________________ Next meetingJuly 30, 2009 Bethany Lutheran Church 4:00 p.m. Past BLUAC Minutes are available electronically. Please contact: Sue Hanson, Secretary btrfly@montanasky.net BIGFORK LAND USE ADVISORY COMMITTEE BYLAWS
PREAMBLE:
The Bigfork Land Use Advisory Committee, hereinafter referred to as the Committee, shall be governed by the provisions of all applicable statues, local laws, ordinances, resolutions and particularly the Bigfork Area Land Use Plan (BALUP).
STATEMENT OF PURPOSE:
The Bigfork Land Use Advisory Committee (BLUAC) shall act in an advisory capacity for official Flathead County land use decision-making boards and Flathead County Commissioners concerning applications and proposals for growth and development projects within the Bigfork Zoning District of Flathead County, Montana. The Committee shall act as a liaison between Bigfork citizens and the County in providing useful and beneficial information utilizing citizen input concerning issues of interest and concern to the community, and shall provide leadership and expertise in supporting community efforts to secure orderly growth and development within the defined land use area.
JURISDICTION:
The Bigfork Land Use Advisory Committee shall have advisory jurisdiction over all those lands within the boundaries of the BALUP.
MEMBERSHIP:
The committee shall consist of 7 voting members.
Any Committee member who misses 3 consecutive regularly scheduled monthly meetings, or a total of 5 regularly scheduled monthly meetings in the fiscal year June 1 to May 31, shall vacate the position and not be eligible to re-apply for one year. (MCA 7-3-43.22).
Vacancies occurring on the Committee shall be filled within 30 days after a public notice of 30 days is given. Appointments shall be by the BLUAC. Flathead County Commissioners shall be duly notified. Appointees will serve until the next election. The elected term for replacement will expire on original 3-year term date of member replaced.
FCPZ SUPPORT:
The Flathead County Planning and Zoning office (FCPZ) shall provide technical assistance and support to the BLUAC.
QUALIFICATIONS:
Members must be registered voters within the jurisdiction of a minimum of two years. Persons meeting the qualifications, who wish to be nominated for election to the committee, shall file a nominating petition containing the signatures of 5 citizens registered to vote in Flathead County with the Flathead County Elections Department at least 75 days before the election.
LIMITED COMMITTEE MEMBERSHIPS:
No member of this Committee may serve on a Flathead County Planning & Zoning Committee or Board of Adjustment unless requested to do so as an ad hoc position requested by the Flathead County Commissioners.
TERMS AND ELECTIONS:
Six of the members shall be elected to the BLUAC for three year terms. The election shall be held on the first Tuesday after the first Monday of May of each year. Two members will be elected at each May election. Terms for elected members will begin on June 1 following each May election.
The seventh member shall be a member-at-large selected by the committee annually.
Members may be elected to successive terms. Service on the Committee shall be voluntary. There shall be no financial remuneration for services.
CODE OF ETHICS:
The holding of public office is a public trust, created by the confidence, which the electorate reposes in the integrity of public officers and appointees. BLUAC members and official appointees shall carry out his/her duties for the people of the Bigfork Zoning District.
No BLUAC member or any person acting on BLUAC’s behalf shall
Use Committee business or information in the course of his/her duties to further substantiate or benefit his/her personal economic interest;
Accept a gift of substantial value or substantial economic benefit tantamount to a gift related to the carrying out of specific business of the Committee;
Acquire an interest in any business or undertaking which he/she has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by this Committee.
Conflict of Interest
A member of the Committee shall declare any conflict of interest due to financial or personal interest in any matter before BLUAC and shall not enter into Committee debate nor vote.
OFFICERS:
1. Chairman: The Chairman shall be elected annually from within the committee by the Committee members. The Chairman will preside over all meetings but may appoint a “meeting facilitator”, call special meetings from time to time as needed, direct the work of the Committee and serve as a voting member.
2. Vice Chairman: A Vice Chairman shall be elected annually from within the Committee by the Committee members. The Vice Chairman shall act as Chairman in the Chairman’s absence and serve as a voting member.
3. Secretary: A Secretary, elected annually by the Committee, shall be responsible for keeping minutes and recording attendance. Minutes of each meeting shall be forwarded in a timely fashion to BLUAC, Flathead Planning and Zoning, and the public in “draft form” until minutes are approved at the next regular BLUAC meeting.
MEETINGS:
All meetings shall operate under Robert’s Rules of Order and shall be open to the public.
A quorum shall consist of four (4) Committee members in attendance at a duly called meeting.
The Bigfork Land Use Advisory Committee shall meet monthly at a time and place to be determined by the Committee.
Special meetings may be called by the Chairman, or any four (4) Committee members at any time provided that the Committee members and the public receive at least 48 hours notice. Public notice will be provided in 3 public places.
The BLUAC Secretary shall provide committee agendas at least five working days prior to FCPZ for posting on the FCPZ web page. DUTIES:
1. Review and give recommendations on all Bigfork area applications pending before FCPZ.
2. Solicit and encourage input from the community at large, as well as adjoining landowners, as scales of projects warrant.
3. Forward written recommendations to the FCPZ in a timely fashion on all reviewed projects.
4. When appropriate, offer amendments to the BALUP and any associated regulations, to keep them current, to improve efficiency, and to address problems.
5. Process and forward reported violations of the BALUP and associated County regulations to the proper authorities.
AMENDMENTS:
When duly noticed, these by-laws may be amended at a regular meeting by a two-thirds (2/3) vote of the Committee and approval of the County Commissioners. The pending amendment shall be included in the regular BLUAC meeting agenda.
COMMITTEES:
The Bigfork Steering Committee (BSC) shall be a standing advisory committee of BLUAC. The BSC will operate under its own board of officers and bylaws. The BSC may report to BLUAC in written or oral form. Minutes of a BSC meeting shall suffice as a formal report.
Other committees may be appointed from time to time, as required by BLUAC to conduct business as ad hoc entities.
APPLICATIONS:
Applicants should present proposals to BLUAC or a committee charged by BLUAC, at a public meeting 30 days prior to submission of their completed application to the Flathead County Planning & Zoning Office.
1. Immediately upon a FCPZ determination that the application is sufficient, a copy of the application and all pertinent information shall be forwarded to each of the BLUAC members. The packet shall note the time frame for the Committee’s response and provide a list of the names and addresses of the adjoining property owners.
2. The FCPZ shall notify all adjoining property owners within 150 feet or as local regulations require and shall note in the notice the time and place of the next Bigfork Land Use Advisory Committee meeting. In addition, FCPZ shall reference the BLUAC meeting the legal notice placed in the official county newspaper.
3. In addition to notices sent out by the FCPZ, the BLUAC may place written notice at convenient places throughout the region or within the immediate vicinity of the property in question as deemed appropriate or necessary by the BLUAC.
4. BLUAC members shall review the property in question.
5. BLUAC may hold additional neighborhood meetings to air issues and receive input.
6. Recommendations shall be forwarded in writing within five days following the BLUAC meeting to the FCPZ, and shall be included in all further reports by FCPZ to the County Commissioners or other entities.
ADOPTED: February 5, 1996 AMENDED: December 19, 2000 AMENDED: December 8, 2005 AMENDED: February 20, 2007 AMENDED: April 24, 2008 AMENDED: April 30, 2009
__________________________________________________ MINUTES June 25, 2009 Minutes of Bigfork Land Use Advisory Committee DRAFT
Committee members present: John Bourquin, Shelley Gonzales, Gary Ridderhoff, Al Johnson, Darrel Coverdell, Chuck Gough, Sue Hanson and 11 members of the public.
Chairman Gonzales called the meeting to order at 4: 05 pm. The Agenda was adopted as presented (m/sc Johnson/Gough) – unanimous. Minutes of the May 28, 2009 meeting were approved as mailed - unanimous. (m/sc Bourquin/Gonzales)- unanimous. Minutes of the BLUAC/BSC June 11, 2009 meeting were approved as mailed – unanimous. (m/sc Gough/Ridderhoff)
ADMINISTRATOR’S REPORT: A. Sign-in Sheet: Reminder to the public of the availability of BLUAC minutes through email and BSC website bigforksteering.org/. B. Application status: County status on previous pending applications: Brach Thomson and the Bigfork Playhouse Children’s Theater, for a Conditional Use Permit - approved; Amendment to the original Mill Creek Estates Planned Unit Development – approved by Planning Board, Commissioner 30-day public comment began June 23, 2009.
ELECTION OF OFFICERS: Gough nominated Shelley Gonzales as Chairman. Coverdell seconded the motion. Motion carried unanimously. Bourquin nominated Paul Guerrant as Vice-Chairman. Ridderhoff seconded the motion. Motion carried unanimously. Gough nominated Sue Hanson as Secretary. Ridderhoff seconded the motion. Motion carried unanimously.
APPOINTMENT MEMBER AT LARGE: Committee reviewed one letter of application from Al Johnson. Bourquin moved Al Johnson be appointed. Gough seconded the motion. Motion carried unanimously.
APPLICATIONS: A. A request by Edward Grzesik for a Conditional Use Permit to operate a wine bar, alcoholic beverage catering service catering service for group events and an all beverage retail bar in the future, within the Bigfork, B-2 (General Business) Zoning District. The property is located at 7935 Highway 35, units 104 and 105, and can legally be described as Branding Iron Station Condo Unit 105 in Section 25, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. Staff:. Andrew Hagemeyer presented the application by Hugh Yates, operator of the business. Grzesik is the owner of the property. The applicant has applied for a full liquor license. The process requires the business to be compliant with zoning regulations. In order to be compliant, the applicant would need a Conditional Use Permit for operation of a tavern. Hagemeyer addressed sufficiency of parking. The complex (Branding Iron Station) currently has 48 parking spaces between the lower and upper parking area. It was determined the parking is sufficient and may increase traffic during peak hours but did not determine that as an issue. Since the application overlapped the approval of the Bigfork Neighborhood Plan Update, both plans were reviewed for compliance with the BNP. It was determined to meet BNP guidelines. Planning Staff recommends approval subject to the 4 conditions included in the Staff Report.
Applicant: Hugh Yates stated the business currently has an off-premise beer and wine license. They would like to offer wine tasting events and expand the business to do catering off premise.
Public Agencies: Julie Spencer, Bigfork Water and Sewer Dept., noted that since the Branding Iron Station did not go through County review or MDEQ review and was concerned about increased usage for a bar use. There is only a ¾” line and currently serves 14 bathrooms in the complex. She requested the business install a grease trap. Yates: We have been approved by the County Health Department.
Public Comment: Marilyn Murer stated she owned the property west of the complex and was concerned about adding another bar in an area where 4 already exist. She noted traffic was already an issue in this confined area and through Icebox Canyon.
Staff: As to the service lines, the applicant was not responsible for servicing the whole building. He could think of no condition that would require that of the applicant. As to an additional tavern designation, the committee could recommend a condition on hours of operation to mitigate impacts to the neighborhood.
Yates: We have three children and are more interested in the art side of wine and food. The hours are now 7a.m. to 7.p.m. At this time, we are not planning to expand our hours with the possible exception of after-hours for the Summer Playhouse.
BLUAC: Ridderhoff 1) Will you serve food? A. Yes, considering serving cheese platters. We have no kitchen facilities and currently purchase pastries from a Kalispell business. 2) What happens when you no longer own or leave the business? A. The Conditional Permit stays with the property. 3) Why not just apply for a wine/beer license? A. A full serve license is $400; the beer/wine license is $2,200. Bourquin 1) As to water use, the usage would be mostly in the evening hours when the other retail businesses are closed. Under those conditions would it be adequate? A. Spencer- the service inside the building is 1 ¾”. It might be adequate, but if not the owner bears the responsibility. 2) As to hours of operation, in your letter with the application, dated April 28, 2009, you state your hours of operation would be from 7 a.m. to 2 a.m. at the latest. A. We were told to put the longest duration of operating hours possible. 3) What hours would work out for you? A. 10:00 p.m. during the week, 11:00 p.m. on weekends. Johnson 1)(to Murer) do reduced hours make you more comfortable? A. Not necessarily. Traffic is still a problem in that area. 2) Would you set up tables outside? A. Four maybe. That’s about the limit the area would permit. 3) Would you have music? A. Perhaps for smaller events but not late at night. 4) Would you limit outside music to 9:00 p.m.? A. Sure. 5) Can residential apartments be built there in the other condo units? A. Accessory apartments are permitted. 6) Where in the zoning regulations are “taverns” defined? A. The Montana Code defines taverns and sets hours of operations and regulations. Coverdell: Municipalities have a limit on the number of taverns allowed. In unincorporated areas, there is not limit. There are a number of taverns along this stretch (Tall Pine, Sunshine Pizza, Jackpot Casino, El Topo, VFW). I’m concerned this could become a full-blown bar/casino. Gonzales: I’m uncomfortable with the open-ended application. It would seem conditions on operation are in order. Then if it changes, you would have to come back for an amendment. Staff: The Findings of Fact are an avenue to establish conditions. Ridderhoff: I’m concerned about setting precedent. There is another property next door still to be developed.
Johnson moved the following addition to finding of fact #4: “The proposed use meets the criteria established in Section 2.06 of the Flathead County Zoning Regulations for immediate neighborhood impact because the uses contemplated by the applicant comments do not include the operation of an onsite full-beverage bar, there will be no significant increase in traffic generation, impacts from noise, dust, glare, heat, smoke, fumes, gas and odors will not be significant, and the hours of operation are appropriate for the character of the area.” Gough seconded the motion. Under discussion, Bourquin asked the applicant if they were comfortable with a no full-use bar. Applicant affirmed he is comfortable with that. Motion passed unanimously.
Johnson moved for recommendation of an additional condition #5. “Hours of operation will be limited to summer hours from June 15 to September 15 from 7 a.m. to 11 p.m. Winter hours from September 16 to June 14 from 7 a.m. to 9 p.m. Sunday through Thursday, and 7 a.m. to 11 p.m. Friday and Saturday.” Gough seconded the motion. Motion passed unanimously.
Bourquin moved for recommendation of an additional condition. Gonzales seconded the motion. Motion passed unanimously.
Gough moved for recommendation of approval of the application subject to the additions to Finding #4 and conditions # 5 & 6. Johnson seconded the motion. Motion passed 5-1 (Coverdell dissenting).
The application will be heard by the Flathead County Board of Adjustment, Flathead County Planning & Zoning Office, 1035 First Avenue West, Kalispell, on July 7, 2009, at 6:00 p.m.
B. Agency exemption to local zoning; Bigfork Fire District (FPAE 09-01): A request by Bigfork Fire District to construct a fire training facility on property owned by the district, located at 735 Echo Lake Road. The Board of Trustees of the Bigfork Fire District gave notice to the Board of Adjustment of Flathead County that it intends to construct a training facility that may be contrary to zoning regulations adopted by Flathead County as the property is zoned SAG-5, (Suburban Agricultural). Pursuant to 76-2-402, MCA the board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.
Staff: Alex Hogle stated even thought Pursuant to 76-2-402, MCA the District is exempt from compliance with local zoning regulations, this meeting and the meeting at the Flathead County Board of Adjustment shall act only to allow a public forum for comment on the proposed use. The Fire District intends to construct a three-story building for training. Smoke will be present during training. Comment from the pubic will have a bearing on how the District develops the property.
Ridderhoff: Any comments from neighbors? A. None Gough: I think this will be a great facility. I am one of the founding members of Friends of Bigfork Fire Department. The building would be re-ignitable and the Department will be able to practice with the ladder truck. There will be stairs outside for training, as well. The District intends to make the facility available to other fire departments but would not charge for its use. Usually, there is reciprocation between departments to trade equipment, etc.
Gough moved to express support of the facility and to acknowledge and thank the Bigfork Fire Department for their service to our community. Johnson seconded the motion. Motion passed unanimously.
The application will be heard by the Flathead County Board of Adjustment, Flathead County Planning & Zoning Office, 1035 First Avenue West, Kalispell, on July 7, 2009, at 6:00 p.m.
There was a 5-minute break. OLD BUSINESS: A. Commissioner’s decision re: BNP Future Land Use Map: Gonzales stated that everyone was well aware of what happened during the approval of the BNP by the Commissioners. She and Paul Guerrant met with attorney Roger M. Sullivan, a land use trial attorney, because BLUAC owed the community an explanation of the actions and options. Sullivan stated that while the last minute change to the Future Land Use Map was disappoint, and certainly bad public policy, the MCA on land use has language that is broad and the action was not illegal. The Flathead County Growth Policy also has broad language and the action was not prohibited. Sullivan did say the community could pursue to block or overturn the Commissioner’s action. In order to do so: 50% of the landholders in the agricultural designated area (approximately 27,000 acres) would have to object or 50% of the total acreage (approx.13,500 acres) owned by large landholders objected. Gonzales stated that both she and Guerrant felt it would be counterproductive to the community for BLUAC pursue. Gonzales produced a letter, for the record, from Roger Sullivan, which stated his position and expressed that he was impressed and inspired by the amount of work that the community invested in the development of the plan. He did not charge a fee for the consultation as a token of his appreciation for the work on the BNP in an effort to preserve the quality of life for all of us. Gough: Is there a way we can re-do the Future Land Use Map, through the regular review process and perhaps change this designation to Commercial? The Commissioners seemed to use the word commercial and industrial interchangeably. Leslie Budewitz: Expressed her respect for Roger Sullivan did not think there was any percentage in an appeal to the Commissioner’s decision. She suggested two alternative actions; 1) Revising the Future Land Use Map through the regular public process or 2) A letter to the Commissioners to express the disappointment of the community.
BLUAC members generally agreed it was not BLUAC’s responsibility to respond on behalf of the community. The appropriate group would be the BSC.
B. By-laws & Policies & Procedures: After review, there were no changes to the Policies and Procedures.
NEW BUSINESS: None
PUBLIC COMMENT: Leslie Budewitz: She pointed out that a note passed to a member of BLUAC, without disclosing the contents publicly, was not appropriate. The note passed from Craig Wagner to Al Johnson disclosed Wagner’s thoughts on the wording of conditions recommended. Note is included in Secretary’s minute book for public view.
Meeting was adjourned at 6:05 p.m.
Sue Hanson BLUAC Secretary
June 11, 2009 Minutes of Bigfork Steering Committee/Bigfork Land Use Advisory Committee bigforksteering.org
Committee members present: John Bourquin, Shelley Gonzales, Gary Ridderhoff, Paul Guerrant, Sue Hanson, Pat Wagner, Craig Wagner, Jim Losee, Chuck Gough, Denise Lang, Steve Zabaro, George Darrow, Don Loranger, Bruce Solberg, Paul Mutascio, Carol Venable, Joe Brenneman.
Chairman Wagner called the meeting to order at 12: 05 pm. Agenda: was adopted as amended to postpone the Bylaw review and move discussion of Commissioner’s actions to the end of the meeting. (m/sc Hanson/Gonzales) – unanimous. Minutes: of the May 14, 2009 meeting were approved as amended. (m/sc Gough/Guerrant)- unanimous. Treasurer’s report: $1680.25
Committee Reports:
Community Reports:
Old Business:
He noted that for a donation of $50, the BSC could sell bottled water during the Antique Car Show over Labor Day. Don Loranger raised the question of returning the BSC to a state of dormancy since the BNP has been finally approved. He suggested that CFBB, being the oldest community action organization, was the appropriate entity to pursue community interests, other than land use planning. He was also concerned that the two committees not be duplicating efforts. Wagner suggested putting both issues on the agenda for the July 9, 2009 BSC Public Forum.
Public Comment:
New Business:
Discussion ensued regarding the concern over legalities of the two Commissioner’s actions without going through the same public process the rest of the BNP was required to do. It was suggested individuals seek informal legal advice.
Meeting was adjourned at 1:30 p.m. Pat Wagner, Secretary May 28, 2009 Minutes of Bigfork Land Use Advisory Committee
Committee members present: John Bourquin, Shelley Gonzales, Gary Ridderhoff, Paul Guerrant, Sue Hanson and 12 members of the public.
Chairman Gonzales called the meeting to order at 4: 05 pm. Gonzales read Rules of Public Comment. The Agenda was adopted as presented (m/sc Bourquin/Ridderhoff) – unanimous. Minutes of the Aril 30, 2009 meeting were approved as mailed - unanimous. (m/sc Guerrant/Ridderhoff)- unanimous.
ADMINISTRATOR’S REPORT: A. Sign-in Sheet: Reminder to the public of the availability of BLUAC minutes through email and BSC website bigforksteering.org/. B. Application status: The Commissioners passed the Bielenberg/Thorsrud Zone Change 5-27-09. BLUAC By-Law amendments were approved by the Commissioners 5-28-09.
APPLICATIONS: A. A request by Brach Thomson and the Bigfork Playhouse Children’s Theater, for a Conditional Use Permit for a community center building operated by a non-profit agency within the Bigfork, R-1 (Suburban Residential) Zoning District. The property is located at 833 Grand Drive. Staff: Bailey Lott stated the 0.189-acre subject property is located at 833 Grand Drive, approximately 0.075 miles (398 feet) north of the intersection of Holt Drive and Grand Drive, east of Montana Highway 35, in Bigfork. The proposal is to establish a community center operated by a non-profit Agency, located on the subject property, for the Bigfork Playhouse Children’s Theatre. The facility is intended for after school activities including dance, drama, voice, music lessons, as well as tutoring and reading accommodations. The property is zoned R-1. Community centers operated by a non-profit agency are a conditional use under the R-1 regulations (FCZR Section 3.09.030). The character of the area surrounding the subject property is residential and commercial. Planning Staff recommends approval subject to the 14 conditions included in the Staff Report.
Gonzales: Has title to the property passed? A. Yes. Will the proposal to be ADA compliant? A. Yes, included in Condition #4 Section 6.11.020. Bourquin: Do you have written permission from Flathead Bank for after hours parking? A. We are in the process of acquiring a letter from the Bank.
Applicant: Brach Thomson stated the Bigfork Children’s Theatre is a 501c3 non-profit organization. We needed space for dance, voice lessons. At the present time, most of the students go to Kalispell for that. We are teamed with the LEAP program and plan to establish a tutoring center with computer workstations. Most students will be walking from the adjacent school. We are working with Round Up For Safety to establish crosswalks. Further discussions with the Water and Sewer Dept. concluded the present service is adequate for our uses.
Gonzales: Will there be a handicap bathroom in the lower level? A. We will work within the regulations for ADA compliance. Bourquin: If you will be operating from after school hours to 8:00 p.m., where do people park before the 5:00 p.m. bank parking becomes available? A. Most will be walking from school. We will establish a plan for drop-offs if necessary. Staff: The 9 parking spaces would meet zoning requirements for the time period between 3:30 to 5:00 pm and can be met with the requested variances.
Public Agencies: None
Public Comment: Walter Kuhn stated he bought the property to give Brach time to get funds together. He estimated 7 parking places on the sough side of the property and 4-5 in front. The Fire Department is across the street. This area is more commercial than residential. He is encouraged with what Brach is trying to do for the community. Serena Pierce stated she works with the LEAP program for children in grades K-6. There is a huge need for after school programs in Bigfork. Our facility at Crossroads Church cannot take dies from 7-9 grades. LEAP has grant funds to help with such a program for those students. She feels this would be a good program and asset to the community.
BLUAC: Ridderhoff considered the project a good fix for the location and meets a need in the community. Bourquin considered it a good project and is pleased to hear it will meet ADA requirements. Gonzales questioned if the applicant was aware of signage regulations. A. Yes. Gonzales moved to recommend adding #15 Finding that the property must be ADA compliant. Guerrant second. Committee was unanimous for approval. Guerrant moved to recommend approval of the application with the addition of Finding #15. Bourquin second. Committee was unanimous for approval.
The application will be heard by the Flathead County Board of Adjustment, Flathead County Planning & Zoning Office, 1035 First Avenue West, Kalispell, on June 2, 2009, at 6:00 p.m.
B. A request in the Bigfork Zoning District by Calaway Brothers, Calaway Construction and Glacier Bank for an amendment to the original Mill Creek Estates Planned Unit Development. The applicants are proposing to modify the landscape plan to match the constructed improvements, revise the phasing plan to two phases, revise the phasing plan for the clubhouse and modify the open space to 51%. Public facilities, water and sewer, have been extended to the development. The property is located north of Holt Drive.
Staff: BJ Grieve stated on April 25, 2005 Mill Creek Estates was granted preliminary plat for the subdivision and an accompanying Mill Creek Estates PUD preliminary plan. The property ownership has changed and includes Glacier Bank, LLC, Calaway Brothers, LLC and Calaway Construction LLC. The new owners have indicated that there are commitments within the preliminary plan that cannot be met. They are applying for amendments to the PUD preliminary plan in order to make approval of a PUD final plan and adherence to that zoning overlay financially feasible. Since a PUD is an agreement between the developer and the community, amendments to the PUD are submitted to the same public process that was followed to create the original PUD.
One important proposed change to the PUD is that the clubhouse, while still a permitted use, is no longer to be built by the developer. The clubhouse will be built if 70% of the homeowner’s agree to levy an assessment to build it. The second change is landscape berms along roads have been constructed at 2-4 feet in height, a reduction from the original plan.
A section pertaining to routine maintenance of the open space/common area will be added to the CCR’s. The original plan called for 9 phases. The applicant would change that to 2 phases. Staff has submitted seven (7) conditions for approval of the PUD.
Guerrant: Who owns the property? A. Glacier Bank 80 lots, Calaway 25 lots, 8 home lots by private owners. Have the other owners commented on this? Are present lot owners thinking the clubhouse will be built and mailboxes located at the clubhouse? A. We have had no comment from other lot owners. Gonzales: Who owns the 1.8 acres dedicated for the clubhouse? A. A Homeowners Association has been established. Is this action to allow the letter of credit to go away? A. This is a subdivision issue. The SIA means if work doesn’t get done, the letter of credit is set up to finance it. If the developer does not get final approval on the subdivision, the property would be out of compliance with zoning. Guerrant: Why was the berming reduced? A. Staff noted they did not know why but were not concerned about it. Bourquin: Do you mean title cannot be transferred to an individual owner? A. Yes. The property is okay with subdivision regulations but not the PUD. Ridderhoff: Page 7 refers to open space, which include the clubhouse area. What happens if the clubhouse is not built? Can we ask for a condition to designate that area as open space? A. Yes I think this area should be a clubhouse or open space. Guerrant: Is the County concerned about legal problems from the lot owners? A. The County Attorney has advised us to move forward with this. We do not know about the legalities. All property owners have been notified.
Applicant: Mike Fraser, engineer, noted that the open space is currently 51% which is double what was proposed. The clubhouse lot can only be used as a clubhouse or open space. The change from 9 phases to 2 is to reduce construction time to a few years. The Homeowners Association has been assessed for maintenance of all common area. The clubhouse would be built when 70% of lot owners agree to assess themselves for the construction and maintenance. Tim Calaway: When I first got involved with the purchase of 25 lots, Sortino (developer) was to construct the clubhouse. The plans now are to turn the clubhouse area into a park. We have already started planting trees. We finally have things moving forward here and have support for maintenance. Dennis Beams (Glacier Bank): The Bank has paid the property taxes and initiated the homeowners association. The HOA has agreed to an assessment of $250 per lot. Glacier Bank holds the letter of credit to complete the infrastructure. Gonzales: Does the bank own the clubhouse lot? A. The Bank took possession of all common area amenities including the clubhouse. The website indicates the project is now for sale. A. Yes, Trails west represents the 80 lots the Bank owns. If the HOA owns the common areas, could they sell the property if they take title? A. (Grieve) Yes, unless the CCR’s preclude selling open space. We do see that happen. They could amend the CCR’s. Mike Fraser: The PUD only allows 113 lots. They cannot create any more lots. Bourquin: In the staff report and Conditions 1-7, where is the change for the clubhouse and berms? A. #4 Covers all of that. Calaway: The 6’ berm was Sortino’s idea. It would make that berm, especially along Holt Drive ridiculously high and take up too much space. With the current height, it is much more attractive and leaves more room for landscaping. Public Agencies: None Public Comment: Sandy O’Connell: I live in the duplex Calaway built and I have some concerns but will wait for the Planning Board on June 10. BLUAC: Gonzales: I would suggest amending the CCR’s to reflect the HOA’s responsibility for maintenance of the clubhouse/open space and that the 1.8 acres be designated for no other use than a clubhouse or park. Ridderhoff: The berm along Chapman Road could be higher. A. For each foot in height, it takes six feet in width. We plan to put trees along there, which will look much better than a berm. Gonzales: Do you have measures for mosquito abatement? Those ponds are filthy and just asking for a mosquito hatch. A. The electricity had been disconnected. We are just now getting that hooked back up so we can get that cleaned up and the pumps running. Bourquin: Moved the application be recommended for approval with all conditions. Second Ridderhoff. Guerrant: Moved the motion be amended to add a recommendation that the clubhouse lot be limited to a clubhouse, park or combination and that all common areas are maintained as open space. Ridderhoff seconded. The motion was approved unanimously. The motion to recommend approval with the recommended amendment was approved unanimously.
The application will be heard by the Flathead County Planning Board, Flathead County Planning & Zoning Office, 1035 First Avenue West, Kalispell, on June 10, 2009, at 6:00 p.m.
OLD BUSINESS: A. Bigfork Neighborhood Plan: The Bigfork Neighborhood Plan is on the Commissioner’s agenda for June 2, 2009, 10:30 a.m.
B. By-laws & Policies & Procedures: Generally agreed to wait until the June 25, 2009 meeting when all committee members are present.
NEW BUSINESS: A. Commissioner Appointment to Planning Board: Jeff Larson was appointed to the Flathead County Planning Board to replace Rita Hall.
PUBLIC COMMENT: None
Meeting was adjourned at 5:55 p.m.
Sue Hanson BLUAC Secretary
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