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07-14-09KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JULY 14, 2009 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, John Hinchey, Rick Hull, C.M. (Butch) Clark, Chad Graham and Troy Mendius. Richard Griffin was absent. Sean Conrad, P.J. Sorensen and Tom Jentz represented the Kalispell Planning Department. There were 6 people in the audience. APPROVAL OF MINUTES Clark moved and Hinchey seconded a motion to approve the minutes of the June 9, 2009 meeting of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. SAMARITAN HOUSE, A request by the Samaritan House, Inc. for a conditional INC./FLATHEAD SPECIAL use permit to locate the Flathead Special Education EDUCATION COOPERATIVE Cooperative within an existing building at 1110 2nd Street CONDITIONAL USE PERMIT West. The property is zoned P-1, Public, which requires a conditional use permit to operate a school, public or private. The existing building is the former Armory building located immediately north of Peterson Elementary School at the corner of South Meridian Road and 2nd Street West. STAFF REPORT KCU-09-09 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-09. Conrad reviewed the location of the facility and the surrounding zoning and uses. Conrad briefed the board on the functions of the Flathead Special Education Cooperative which is a non-profit educational unit with the Office of Public Instruction with the purpose of providing special and related services to students between the ages of 3-14 years of age attending and residing in school districts that do not offer any kind of special education programs. The Cooperative contracts with the schools for these services. Conrad reviewed the site and floor plans for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-09-09 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 4 conditions listed in the staff report. Conrad noted one condition requires additional landscaping Kalispell City Planning Board Minutes of the meeting of July 14, 2009 Page 1 of 6 on the east side of the parking lot to screen the cars from the adjacent homes and another condition requires the lighting on the building be brought into compliance with the city's lighting standards. Conrad added a letter in support of the conditional use permit was received. BOARD QUESTIONS Hinchey asked if this use would be subject to a payment in lieu of taxes (PILT) and Conrad said because the Co-op is part of the school district and would not compete with for - profit businesses they would not be subject to a PILT. Schutt asked if the Co-op is purchasing the building and Conrad said they are leasing a portion of the building. APPLICANT/CONSULTANTS Bob Donahue, 845 Highland Drive, Whitefish stated he is representing Samaritan House and said they took possession of the building August of 2008 and at that time put 2 offices in the building for their needs. Since they have such a large building which they don't have use for they thought leasing out a portion of the building would generate some income to be used to provide better services for the homeless in this area. PUBLIC HEARING Chris Krager, Director, Samaritan House, 124 9th Avenue West stated the former Armory was very close to the hearts of a lot of people in the area and to continue the community spirit they removed the sign from the front yard and are displaying it on the wall in the assembly hall with other information as a tribute to the men who served there. Krager added there will only be offices for the Samaritan House in this location and not any direct homeless services. MOTION Hull moved and Clark seconded a motion to adopt staff report #KCU-09-09 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. NEATER INITIAL ZONING A request from Chris Neater to annex 1.49 acres and zone UPON ANNEXATION the land B-2 (General Business) and I-1 (Light Industrial) REQUEST upon annexation. The B-2 zoning would encompass approximately one acre on the east side of the property where the existing commercial buildings are located. The I-1 zoning would encompass approximately 0.49 acres on the west side of the property which is currently vacant. The 1.49 acre project site is located on the west side of Highway 93 approximately 1/4 of a mile south of the intersection of Highway 93 and Kelly Road. Kalispell City Planning Board Minutes of the meeting of July 14, 2009 Page 2 of 6 STAFF REPORT KA-09-03 I Sean Conrad, representing the Kalispell Planning Department reviewed staff report KA-09-03. Conrad reviewed the location of the property, adjacent zoning, and surrounding uses. Conrad noted there is an existing commercial building on the property and the proposal for initial zoning includes both the B-2 (General Business) and I-1 (Light Industrial) zoning. Staff is supporting the 2 zoning districts on this property because they intend to file a boundary line adjustment with an adjacent property to the north which is already zoned I-1. It is staffs belief that it would be better to have one zoning district after that boundary line adjustment instead of the property being split with 2 different zoning designations. In addition the B-2 zoning on the commercial side of the property would be appropriate. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-09-03 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-2 (General Business) and I-1 (Light Industrial). BOARD QUESTIONS Clark asked what impact would the zoning have on the city airport and Conrad said the City Airport Director has been made aware of the zone change and it doesn't have any impact. However when the property adjacent to the airport comes in with a development proposal some height standards might come into play. Hull asked if the back property is . developed and Conrad said it is vacant with a couple empty truck trailers. A portion of the property was used as a septic leech field for the business. Hull asked if there were airplane hangars in this area and Conrad said yes but they do not appear to be used at this time for planes. Hinchey asked what the appropriate zoning would be along the runway and Conrad said the city's Growth Policy Map has this corridor as commercial so in the future they would be talking with the property owners about a business zone, B-2 or commercial industrial zone of B-5. Hinchey said if the city would rather it was a business zone why wouldn't both of these pieces be recommended for B-2. Conrad said staff thought it should be zoned now as I-1 in anticipation of the boundary line adjustment with the adjoining I-1 zoning and if they choose to develop the property to industrial standards now they can. Jentz said with a property like Murdoch's it makes sense to have the whole property zoned commercial because they can utilize the entire frontage. In the case of this property they have already utilized the frontage as retail which demands customer access and exposure however, for the Kalispell City Planning Board Minutes of the meeting of July 14, 2009 Page 3 of 6 J J back property light industrial makes sense because it doesn't demand the retail visibility. Clark said he assumes that the airport does not need any part of that land and staff said the City Airport Manager did not give any indication that they would need it. APPLICANT/CONSULTANTS Matt Nerdig, A2Z Engineering, 115 Commons Way, Kalispell stated they were hoping to annex the 1.5 acres and zone it with B-2 in the front and I-1 in the back. The existing drain field does sit on the back portion of property and as soon as the annexation is complete the applicant will then be able to connect to city water and sewer services. They will then prepare a set of plans for the Public Works Department's approval and the drain field will be abandoned. He added when the property transfers there will then be no easements attached. PUBLIC HEARING No one wished to speak. Mendius moved and Hinchey seconded a motion to adopt staff report #KA-09-03 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-2 (General Business) and I- 1 Light Industrial). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: Continued from June 9, 2009: LOST HORIZON RANCH, LLC A request by Lost Horizon Ranch, LLC for a conditional use CONDITIONAL USE PERMIT permit (CUP) to locate a transitional living program (defined under the zoning code as a group home) for youths 14 to 18 in an existing duplex located at 530/528 3=d Street East. The property is zoned R-3, Urban Single -Family Residential, which requires a CUP for group homes serving eight or fewer persons within the district. The property can be legally described as lot 1 of Block 194 Kalispell Addition No. 2, located in Section 17, Township 28 North, Range 21 West. Group homes serving eight or fewer persons fall under a special provision in the state statutes, Section 76-2-412, M.C.A., which gives them a specific "residential" status. Because of this special status no conditions may be placed on the CUP that would not otherwise apply to residences in general. Additionally, a CUP for group homes cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. Kalispell City Planning Board Minutes of the meeting of July 14, 2009 Page 4 of 6 0 STAFF UPDATE Conrad noted a letter was received from John Santa indicating their request to withdraw the conditional use permit application. Santa felt, after talking with the neighbors, that pursuing a 3rd group home would be too much for the neighborhood. Conrad said the city received a letter from Dr. Marise Johnson which indicates Dr. Santa contacted some of the neighbors and discussed the need to continue the use as a duplex renting it out. to 4-5, 18 year old women who were part of their program. Dr. Johnson stated she has some concerns about that. Conrad continued the city received an email on July 9, 2009 from Dr. Santa outlining the reasons why he pulled the conditional use permit and stating that it was their intent to rent to the young women in their program on a temporary basis through the fall and at that time they will either sell the property or rent it to individuals not associated with Montana Academy. Dr. Santa also stated they will be looking for another property outside of this neighborhood if they need one for a group home. Conrad said the City Attorney is comfortable with the fact that they will be renting out the duplex to these young adults or sell the property. Conrad continued regarding the existing group homes the city received a letter from Roy Kemp from the Department of Public Health and Human Services (DPHHS) dated July 8, 2009 which states the DPHHS did not have a licensing program for the youth academy but they were in the process of setting one up through the Department of Labor and Business Standards Division. Jentz added Roy Kemp is the Deputy Administrator and is also the licensing agent for the DPHHS and the last paragraph of Kemp's letter states: "I would conclude by stating that the Montana Academy's residential program is properly and appropriately licensed and monitored as required by law." Jentz said based on this letter the State thinks they are properly licensed and Schutt added the State is devising a new, even more proper license. Conrad noted these letters were forwarded to the City Attorney and Conrad said if the City Attorney sees any problems the board will be updated at that time. Clark noted the problem was not the licensing of the 2 units that were already there the problem was the board doesn't have the ability to recommend denial of these group homes that come in under the State statute and there is nothing to prevent several of them from being in the same neighborhood. Clark said he didn't have a problem with the 2 existing homes but he did with the 3rd home in the same neighborhood. stated he wants to publically thank Dr. Santa for Kalispell City Planning Board Minutes of the meeting of July 14, 2009 Page 5 of 6 0- O listening to the neighbors and withdrawing the application and Clark concurred. NEW BUSINESS: The only item waiting for public hearing before the planning board is 8 wholly surrounded annexations. P.J. Sorensen reviewed the annexations for the board. ADJOURNMENT The meeting adjourned at approximately 7:35 p.m. WORK SESSION The work session was postponed. NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, August 11, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The next work session of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, August 11, 2009, immediately following the regular meeting in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. /0 - , fl, , j k4L Bryan H. Schutt President APPROVED as oubmidtte/corrected: Michelle Anderson Recording Secretary Cl/'7/09 Kalispell City Planning Board Minutes of the meeting of July 14, 2009 Page 6 of 6