Planning board split on Courthouse East

Neighbors' opinions on a proposal for the old Courthouse East building were split Tuesday night - and so was the Kalispell Planning Board.

The planning board tied 3-3 over the issue. One member was absent.

DEV Properties' zone change request represented an unusual challenge for the board: How should the city zone a property that's long been out of place in a residential neighborhood?

The developers want a zone change from urban single-family residential to residential/professional office for the 65,000-square-foot building. They also want a planned unit development for the property, which sits on about two acres on the east side of Fifth Avenue East between Seventh and Eighth streets east.

The builders plan to put in apartments, office areas and artists' workspaces and apartments. The building also might house a coffee shop. The exterior of the old hospital/courthouse would remain the same.

"We would have liked to have seen [the vote] go our way," developer Eric Berry said, "but a tie vote is fine."

The issue now goes to the Kalispell City Council for a final decision.

The building has been a contentious issue for some time. Several neighbors and the previous owner, Gelinas Development, argued over a proposal to raze the building and put 24 units of duplex townhouses on the property.

The planning board previously recommended denial of that townhouse proposal.

But the new plan has its own set of problems, the board and neighbors said Tuesday night.

"As a proposal, it just doesn't do a thing for me," board chairman George Taylor said.

Board member Rick Hull, who voted no, said the issue is not whether board members like or dislike the actual project, it's what is appropriate zoning for the neighborhood.

Kalispell planner Narda Wilson explained that the neighborhood was zoned in the 1940s, at which time the building had long been used for nonresidential purposes. The property was zoned residential but was allowed to continue operating as a nonconforming use.

Whether a portion of the building can continue to be used as office space under the current zoning is an unresolved legal matter, Wilson said.

If the developers were granted the residential/professional office zoning, they could have 28 dwellings on the property and some office space.

Some planning board members thought the proposed building uses would create too much density. Taylor pointed out the planning board denied Gelinas' 24-unit duplex plan because the density was too high; in comparison DEV Properties is asking for 28 apartments, offices and retail space.

Seven neighbors spoke in favor of the project. Several applauded DEV Properties' efforts to inform the neighborhood of its plans and to consider residents' thoughts.

"I believe this is the best plan I've seen for this city block," said Louise Swanberg, who has a medical practice in the neighborhood.

Four people spoke against the project.

Other neighbors said the proposed building uses would generate too much traffic, which would endanger the children who attend nearby Hedges Elementary School. Several people also said they want only residential uses for the property.

"If we have [zoning] and regulations, I don't understand how we can consider this when there are so many aspects that don't" comply, Chuck Cummings said.

A few opponents also refuted the idea the building should be saved simply because it's old.

"Nostalgia is wonderful," Jo Ann Nieman said, "but I don't think it's suitable in the decision of whether or not this building is being handled the way it should be handled."

The board ultimately couldn't agree how to resolve the conflict between the building's history of nonconforming uses and the neighborhood's residential character.

In a separate issue Tuesday, the board recommended approval of city architectural design standards.

The board also recommended granting a request from Three Mile Professional for a change in zoning from residential/professional office to neighborhood buffer district on about 3.5 acres located on the northwest corner of Three Mile Drive and Meridian Road.

Reporter Camden Easterling can be reached at 758-4429 or by e-mail at ceasterling@dailyinterlake.com