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09-14-21 - signedKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 14, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Rory Young (zoom), Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. Skees moved and Vomfell seconded a motion to approve the minutes of APPROVAL OF MINUTES the August 10, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. BOARD MEMBER SEATED Rory Young recused himself. KA-21-041KPUD-21-031KPP-21-07 A request from G23 Properties, LLC for the Parkland Meadows Planned PARKLAND MEADOWS Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 38.4 acres of land at the northeast corner of Airport Road and Cemetery Road. The proposal includes annexation of the property, initial zoning of RA-1 (Residential Apartment) on approximately 31.1 acres, and initial zoning of B-1 (Neighborhood Business) on approximately 7.1 acres, as well as major preliminary plat approval for the development. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-04, #KPUD-21-03 and #KPP-21-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA-1 (Residential Apartment), and approximately 7.1 acres that will be zoned B-1 (Neighborhood Business), with a PUD overlay on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the conditions listed in the staff report. Kalispell City planning Board Minutes of the meeting of September 14, 2021 Page I I Sorensen noted that there is a typo in Condition #1 and that staff is proposing an amendment be made to change it to read: The Planned Unit Development for Parkland Meadows allows the following deviation from the Zoning Regulations: (1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size per unit as shown on the submitted plans. BOARD DISCUSSION None. PUBLIC HEARING Karissa Prewitt — 387 Cemetery Rd. --- Concerned with impacts on her hay field and livestock as well as the increased traffic on Cemetery Rd, Jason Prewitt — 387 Cemetery Rd. — Asked about any proposed boundary wall to separate his property from the subdivision. Tim Wise — 2097 Airport Rd. — Concerned with proposed density, increased traffic and additional noise and the impacts on his farm. He is also concerned with the fly zone for the airport and feels the subdivision should be a no -fly zone. Toby McIntosh — 2250 Hwy 93 South — Jackola Engineering — representative for applicant, offered to answer any questions. MOTION — KA-21-04 Vomfell moved and Kauffman seconded a motion that the Kalispell City ANNEXATION Planning Board and Zoning Commission adopt amended Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA-1 (Residential Apartment), and approximately 7.1 acres that will be zoned B- l (Neighborhood Business), with a PUD overlay on the entire property. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-03 Kauffman moved and Vomfell seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt amended Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION Graham inquired about the no -fly zone concerns mentioned during public comment. He asked staff to speak to how the review process works. Sorensen noted that when it comes to the airport there is something referred to as the airport affected area that is tied into the city zoning ordinance and is based off the FAA model ordinance. This is used to review the fly zone and if changes need to be made. Board discussed other public concerns regarding Cemetery Rd, increased traffic, proposed screening of subdivision from neighboring Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 12 properties. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-07 Vomfell moved and Kauffman seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt amended staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Rory Young re -seated. KZC-21-011KPUD-21-02lKPP-21-06 A request from Kilday & Stratton for the Starling Phases 1-8 Planned STARLING PHASES 1-8 Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 58.0 acres of land on the west side of Stillwater Road to the west of Timberwolf Parkway. The property was previously annexed with an R-3 (Residential) underlying zone and has an expired PUD overlay over the full section of land. This proposal would rezone the 5 8. 0 acres to RA-( (Residential Apartment) with a new PUD overlay for the subject property. The proposal includes a proposed preliminary plat for Phases 1-3 of the project, which encompasses 20.84 acres of land. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-01, #KPUD-21-02 and #KPP-21-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed subdivision access, sidewalk along Stillwater Rd and lot sizes. PUBLIC HEARING Greg Stratton — 2880 Technology Blvd West — Applicant for project, offered to answer, questions for the board. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 3 MOTION — KZC-21-01 Kauffman moved and Borgardt seconded a motion that the Kalispell City ZONE CHANGE Planning Board and Zoning Commission adopt Staff Report #K7-C-21- 01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-02 Skees moved and Borgardt seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt Staff Report #KPUD-21- 02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham noted for the public that the reason there is not always a lot of discussion on these large PUD's is because most discussion is done at the Work Session. ROLL CALL Motion passed unanimously on a roil call vote. Vomfell moved and Kauffman seconded a motion that the Kalispell City MOTION — KPP-21-06 PRELIMINARY PLAT Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KZTA-21-03 — MARIJUANA A request from the City of Kalispell for a zoning text amendment DISPENSARIES specifying appropriate zones, criteria and definitions for marijuana dispensaries, cultivation, and processing. The text amendment is necessary to address recent changes in state law which will become effective at the end of the year. The proposal would add new use categories for marijuana dispensaries, marijuana cultivation, and marijuana manufacturing, along with related definitions. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KZTA-2 l -03. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Board discussed parking requirements as well as use requirements. Skees noted for the public that this item has 4een through numerous work sessions. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 14 PUBLIC HEARING None. MOTION Kauffman moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Vomfell noted that he believes that restrictions on dispensaries should be no different than liquor stores, and does not support the administrative CUP or additional buffering requirements. ROLL CALL Motion passed 6-1 on a roll call vote (Vomfell voted against). OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the October 12`h Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 7:37pm. APPROVED as submitted/amended: 10/12:`2021 Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 15