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03-19-09KALISPELL CITY PLANNING. BOARD & ZONING COMMISSION n MINUTES OF REGULAR MEETING MARCH 10, 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, Rick Hull, C.M. (Butch) Clark, John Hinchey, Jim Williamson, Richard Griffin, Rick Hull and Troy Mendius. Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were approximately 35 people in the audience. APPROVAL OF MINUTES. Clark moved and Hinchey seconded a motion to approve the minutes of the February 10, 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. NORTHWEST MONTANA A request by R. Dick Mitsch for a zone change from B-2 TRANSITION "PRE- General Business to P-1 Public and a conditional use permit RELEASE" CENTER ZONE to operate the Northwest Montana Transition Center, a 40 CHANGE AND CONDITIONAL bed "Pre-release center" for 2 tracts of land totaling 1.78 acres USE PERMIT located on the west side of US Highway 93 South in Kalispell just south of the Kelly Road intersection. STAFF REPORT KZC-09-03 Tom Jentz, representing the Kalispell Planning Department & KCU-09-01 reviewed staff reports KZC-09-03 &v KCU709-01 for the board. BOARD MEMBER SEATED Rick Hull took his seat at 7:05 p.m. Jentz said the pre-release center is proposed for 2282 Highway 93 South. The Department of I Corrections determined that there was a general need for a pre-release center in this part of the state. Flathead County is the 4th largest contributor to the corrections program in the state and Kalispell is the largest city in Montana that doesn't have a pre-release center. Jentz reviewed the Working Committee that was formed for the pre-release center about 1-1/2 years ago made up of local residents. The committee educated themselves on what a pre-release center was, how it functioned, and why and if it was needed in the Kalispell area. The committee made the determination that a facility was indeed needed in the Kalispell area. The committee developed locational criteria and decided a center should not be located near a residential area, and not within 1500 feet of a school. The facility would also need to have access to sewer and water. The Department of Corrections released a Request for Proposals and 4 firms responded. Community Counseling & Correctional Services (CCCS) of Butte was awarded the Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 1 of 27 contract and selected the site. 0- O Jentz said the board is not debating whether a pre-release center should be operated in Northwest Montana or Kalispell but is this particular neighborhood an appropriate location for a pre-release center and is the P-1 (Public) zoning appropriate. Jentz reviewed the location of the building on the map and noted the property abuts the Kalispell City Airport which is zoned P-1. There is an existing frontage road that goes from Murdoch's and Penco to the east side of this property and continues north. The site contains 26 parking spaces and staff felt that 17 parking spaces would be adequate for operation of the facility. The parking along the east side of the building is inappropriate because it backs out into the frontage road so the recommendation is to change that to make it perpendicular parking. Another recommendation would be to eliminate the second bank of parking on the north side of the building and replacing it with a landscape buffer. The building itself is 12,750 sf which would be converted into offices along with rooms for a 40 bed pre-release facility. They are talking about an addition off the west, or back side of the property that would be about 4,750 sf and would house the cafeteria, kitchen, showers, restrooms and the laundry facilities. The design of the addition would look very much like the existing building itself. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff reports #KZC-09-03 & KCU- 09-01 as findings of fact and recommend to the Kalispell City Council that the zoning for the approximately 1.78 acre site be changed to P-1 Public and the conditional use permit be approved subject to the 6 conditions listed in the staff report. Jentz reviewed the participants on the Pre -Release Working Committee. The committee toured pre-release centers across the state and discussed how a center'would fit into Kalispell. Jentz said when they -started the process his feeling was they didn't need a pre-release center in Kalispell however, his view changed after they toured pre-release centers across the state. They toured Helena and Great Falls as a group and he individually toured the Butte and- Missoula facilities. Our Police Chief and Sheriff talked with the local law enforcement in those cities and Jentz talked with their planning directors. Jentz noted in Helena the pre-release center is located on the east side of Helena and when you drive by you get the feeling of a nursing home or a professional office building. The facility is landscaped and there was virtually no one outside the building. The planning director in Helena told Jentz there are no issues with the facility because no one even knows it is there. In Missoula he accidentally came across the pre - Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 2 of 27 release center while touring a housing project that is literally 30 feet from the center. O Jentz reviewed the conditions and parking requirements and added the parking requirements will be reviewed again in 6 months to determine whether or not the 17 spaces are sufficient or if additional parking will be required. Jentz also noted the applicants will enter into an agreement with the city for an annual "payment in lieu of local property taxes (PILT) to address the shortfall in the payment of municipal services when the facility becomes tax exempt. BOARD QUESTIONS Hinchey asked if the committee had any input as to the location and Jentz explained the committee set up the criteria; no residential zones or neighborhoods and 1500 feet from any school which really limited the areas within the city were a facility could be located. The other sites were all within a mile of this site. Hinchey asked if any of the other sites that the committee members visited were run by this same contractor and Jentz said not the he visited but Community Counseling & Correctional Services (CCCS) does run the site in Bozeman which, Jentz added is in a downtown location next to a residential neighborhood. APPLICANT/ CONSULTANTS Mike Thatcher, 471 East Mercury, Butte, CEO of Community Counseling & Correctional Services (CCCS) said he has been employed with CCCS since 1983 and during that time CCCS has developed, sited, operated, and administered 12 diverse correctional programs including services for youth and adult offenders in Montana, Washington, and North Dakota. He noted he has a number of handouts on the other facilities for the board and public to review. Thatcher said the Montana Department of Corrections has been working with the local Working Committee; which represents an incredible cross-section of the Flathead community, to review, discuss and ascertain the suitability of the .40 bed community based residential facility in the Northwest Montana/ Kalispell area. The committee has dedicated many hours to the project and he personally thanked them for their diligence in this long and arduous process. He said this process can be a very emotionally charged issue for any community that is making a determination of whether or not to site a facility. Thatcher said they were awarded the contract to design, develop, finance, and operate the 40 bed facility and they elected to put down non-refundable earnest money in the event that they were successful in achieving approval from the City of Kalispell. He stated they decided to pursue this site because of the availability of water, sewer, the emergency response time for fire, police, and ambulance services, it is not located in a residential area or in close proximity to schools and parks and the facility needs to be located in Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 3 of 27 fairly close proximity to related job opportunities, as well as public transportation. 01 U Thatcher continued they recognize that regardless of the fiscal investment that they have made to date the planning board and city council must endorse this project and there must be support from the community. However, should they be allowed to move forward with this project they have hired local contractors, are attempting to obtain their financing from Glacier Bank, and have retained a local architecture and engineering firm. The successful endeavor would create the immediate hiring of 23 positions that would be from the Kalispell, Northwest Montana area that would incorporate a competitive wage and benefit package. Thatcher said they place a premium on public safety and seriously ascertain the suitability of any offenders that would come into the community referred to this site. A Screening Committee made up of local city and county law enforcement and parole/probation personnel will be formed todetermine who is accepted into this facility. Thatcher said they would also like to solicit surrounding business people from the area to sit on the Screening Committee. Each member has a vote, meetings require approximately 1-2 hours every couple of weeks and they meet at the facility. In addition they are proposing a Local Advisory Board who will meet with the administrator and transition staff once a month at a hosted luncheon in their efforts to involve as many members of the community and local businesses. Thatcher said they would post on their website a monthly listing of all offenders who are housed in the facility their current offense, and the county which they were sentenced from. He said this is public information and would provide the neighbors with a greater sense of comfort and understanding of the profile of each offender. Thatcher went on to further review the operations of the facility and the staffing; the monitoring of the offenders, including drug testing and personal/room searches, and surveillance cameras; procedures for visitors including background checks and searches. Thatcher also noted there are random checks done at the job locations; and the perimeter of the facility that provides another layer of protection not only for the facility but for surrounding properties. This facility is state of the art and will look like an office building. Their organization has invested $3 million in the site which is evidence that they are prepared to make a long- term commitment to the property. They will concur with all recommendations as made by the planning board and city council, the buildings will be aesthetically attractive and compatible with neighboring buildings and they will work Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 4 of 27 with the city to revisit and resolve any issues including parking. C Thatcher concluded by saying they feel that by renovating an older empty office building demonstrates their commitment to be a good neighbor and partner and will allow the local dollars to stay in the community, local construction financing, purchase of goods and services and the creation of jobs. If a favorable report is received for this project construction could begin the first part of June and the could occupy the facilities no later than January 2010. Thatcher added CCCS would love to be a part of the Kalispell community. Melissa Kelly, 675 South 16+h, Bozeman said the facility she runs is a 40 bed, male unit located in a residential and commercial area in the heart of Bozeman, Montana. She described a local resident, Mr. Dirks, who was initially opposed to the facility but who now is one of its biggest supporters. Their center has become a good neighbor to their neighbors, especially the elderly by shoveling walks, watering lawns, and planting flowers and decorating for the holidays. The facility is now an integral part of their neighborhood. Mr. Dirks now serves on their Screening Committee who meets twice a month for lunch to determine who is going to be accepted to their program. They carefully screen each resident and choose the residents who are going to be a good fit into their community and their facility, as well as to the neighborhood. The committee members, including Kelly as a mother of 2 young children, must feel comfortable with all residents who occupy the center. The safety and security of their community is their # 1 priority. The re-entry program is a 6 month intensive program that requires residents to actively reintegrate into society. This includes saving money for their future release and completing a weekly schedule and budget, which must be pre -approved by their case manager and all purchases are screened by staff. Kelly went on to describe a typical day in the center for a resident, including random drug testing, employment, treatment and counseling. Kelly reviewed a typical day for a staff member that includes resident counts, searches, and meetings with employers or for those residents who are not employed arranging volunteer/community service projects or educational classes for their GED. The center has become an integral part of MSU, the animal shelter, and adult learning center community service projects in Bozeman. Along with all of the above expectations residents must abide by all of the house rules. In conclusion their center teaches the residents how to live their lives clean, sober, and crime free. After 6 short months at the center they will have the tools to become good fathers, workers, sons and good neighbors wherever they choose to Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 5 of 27 reside in Northwest Montana. U Williamson asked why would there be fluctuations in the staffing and Kelly saidthe professional case managers, counselors and the administrator do not work on the weekends. Clark asked what the average stay of the offenders is and Kelly said it would be at least 6 months, although it can be longer if they need more services. Hinchey asked if there was any history of success rates and how that would differ from someone who did not go through the program. Kelly responded they do not tract those statistics however, the do know that offenders in the program have a history of staying longer at their jobs. Schutt asked for an example of a case failure she has experienced and how often are the police at the facility. Kelly said the police are called to the facility about twice a month, if that and the residents know they have messed up and usually go peacefully. She described an incident when a resident punched another resident, or on occasions a person has come back from work and they have consumed alcohol and in that case they are immediately taken into custody because there is zero tolerance for substance or alcohol consumption. She added this is the last step in their release and they want to do whatever it takes to complete the program and get back with their families. Hinchey asked if a 40 bed facility is considered small and Kelly said it is an ideal size to start a new facility. Williamson asked why CCCS felt this site was the best choice. Thatcher noted they looked at all of the sites and their selection was driven by different issues. The floor plan on this site was excellent, and to renovate the existing building and do the addition is more cost effective than constructing a new facility from the ground up. He added with the airport behind this site and being in a commercial and industrial area it was, in his opinion the only site. PUBLIC HEARING Vaughn Penrod, 2310 Highway 93 South, Kalispell, said his business is located next to this proposed facility. He and his brother have been business owners on the south side of town for 10 years. The businesses that are there now including Jackola Engineering, MacKenzie River Pizza and the Forum, have done a good job at developing their properties to promote a nice impression for the main entrance into Kalispell. Penrod said is not against the concept of a pre- release center but he thinks the location isn't the proper location because it is one of the main entrances into Kalispell. They have all worked very hard and a lot of the businesses have paid for the stop light at Kelly Road and Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 6 of 27 C> putting the frontage road through so that there would be safe access to.their businesses. Penrod presented signed petitions from the businesses and neighbors in the south end of Kalispell which is attached to these minutes. Doug Denmark said he is representing Murcon Development, Inc. of Calgary, Alberta, Canada. About seven years ago the City of Kalispell decided to move their ball fields from just north of this location and Murcon bought the property with the idea to build a nice business park, investing millions of dollars, build a frontage road and they also helped fund the stoplight. They sold the lots and now they have 2 lots left at $400,000 each and are looking for people who are going to make a major investment. His client is worried that when he shows the lots to his prospective buyers they will ask about the neighborhood and he will tell them there is a pre-release center next door and he believes that most of their prospective purchasers would go elsewhere. Denmark noted that he and his client feel this is a good program in the wrong location. Denmark asked the board to not authorize the zone change and conditional use permit for this location. Denmark presented the board with a copy of a letter from his client which is attached to these minutes. Craig Reinke, 19 Wheatgrass, Kalispell stated he manages Murdoch's Ranch 8v Home. Reinke said he thinks it is a great idea except for the location. Kirk Penrod, 2310 Highway 93 South, Penco stated he concurs with the other speakers. They have spent a lot of money developing that area and the light at Kelly Road cost them $395,000 without any assistance from MDT. He feels the facility will affect their property values. He also thinks that 17 parking spaces are not enough to accommodate the employees, visitors and residents. He supports the concept but thinks the location is wrong. Carla Levengood, Scotty's Bar, 2205 Highway 93 South stated she believes in the idea but she disagrees with the choice of location. Dewey Swank, Swank Enterprises stated over a period of years he has gotten to know CCCS because they have worked together a number of times, and as a corporation he can tell the board that they develop and operate a first-class facility and the community can depend on that. They have a commitment from their personnel and the residents do well when they rejoin the community. Swank was involved with a couple of the developers when they were looking for the sites and every site that was found was within a mile of this site. He knows it is tough on the neighborhood but eventually the businesses will realize that they are good neighbors. Even if this site was overturned the beds are coming and they will be within a mile of this location. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 7 of 27 Shane Jackola, 2250 Highway 93 South stated they can see this building outside their office windows and they are the technical support however, he is speaking as a member of this community. Jackola said they were concerned at the beginning when they were first approached about the project but the more they understand how it runs and how the facility is staffed those concerns have been addressed. In terms of property values the vacant building there now doesn't help anyone either. The offenders are currently in our communities and instead of relying on other communities to rehabilitate them it is our turn to step up and help them out. John Weaver, Happy Valley, stated he is here representing the Foundation for Correction. Their purpose is to look at situational issues in developing sound public policy on community corrections. We have well beyond 1 million people in this country who are incarcerated and the fact is the Montana Department of Corrections is forecasting a significant increase in their population over the next several years. That leaves us with 98% of those people released and then coming back into our communities. The board's position is weighing what is the greater good for the greater community. The facts are that no matter where you locate a facility like this there is- never a place that is free from concern when you are a neighbor to a proposed correctional site. It has been a fairly painstaking process that both CCCS, the local Working Committee, and the Department of Corrections has gone through, they have identified a location that from experience and statute and local perspective fits this community well. Weaver said from his experience this is an excellent location. He encouraged the board to look at the larger scope and what is important to the overall community. MOTION - ZONE CHANGE Hinchey moved and Griffin seconded a motion to adopt staff report #KZC-09-03 as findings of fact and recommend to the Kalispell City Council that the zoning for the approximately 1.78 acre site be changed to P-1 Public. BOARD DISCUSSION Williamson said because of the order of the motions he would have to vote against this project. Jentz said the board is only making a recommendation to the council so regardless of the order, vote what you think is most appropriate for each individual action. Jentz added city council will ultimately make the decision. Jentz said he circulated the petition to the board that was submitted earlier and wanted to be sure each board member reviewed the petition. Question was called. ROLL CALL I The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 8 of 27 MOTION - CONDITIONAL Clark moved and Hinchey seconded a motion to adopt staff USE PERMIT report #KCU-09-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 6 conditions listed in the staff report. BOARD DISCUSSION I Schutt said he doesn't have any issues with the parking layout or spaces required. Clark said his only comment is for the public good we need this facility and he doesn't know where else it could be located. He is supporting the pre-release center. Williamson said he absolutely supports the need for the project however he is left with some concerns as to its proposed location and he added he still hasn't heard the details of why this site was selected over the others. Jentz said the Lower Valley Road location is too close to The Willows subdivision and the neighbors were set to launch a petition against this location. Jentz said it was not inferior but close enough to a residential subdivision and didn't rank very high. Jentz said other locations were also within close proximity to residential neighborhoods. Another location was 1/4 to 1/2 mile further down the highway. The land was vacant but further from town and would be new construction which is more expensive. The final site was closer to Old School Station and although they had access to services it would have required annexation and utility extension and it was also close residential neighbors. Jentz continued all of those sites were on the list of the Working Committee and all of them had limitations. This site had immediate commercial neighbors but also was adjacent to utilities, already annexed into the city and was not close to a residential neighborhood. The Department of Corrections looked at the ability of the firm to carry out the plan, the neighborhood criteria, and the cost effectiveness of the proposal. The selection of the specific location is now left up to the community. Griffin stated his concern that the building will not be maintained properly since it was stated that financially this is not a very feasible project. As finances tighten he asked, where does the maintenance money come from? Griffin said the Working Committee didn't prioritize the sites and he doesn't think there has been a lot of input into the location. from the committee. Griffin suggested adding a condition that would address maintenance and Schutt asked if other board members shared that concern and there was no response. Thatcher noted they identify an annual maintenance budget of approximately $20,000 each year. He explained their schedule of maintenance, the maintenance work the Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 9 of 27 residents are required to complete and the availability of a full time maintenance position that would also be available for this facility. ROLL CALL I The motion passed on a roll call vote of 6 in favor and 1 opposed. KALISPELL CORE AREA A request by the City of Kalispell to hold a public hearing on REVITALIZATION PLAN the proposed Kalispell Core Area Revitalization Plan. The plan generally covers a 60 block area in the central core area of Kalispell. The boundaries are roughly Washington Street on the north, South Meridian Road on the west, Sth and 3rd Streets West across the south with the east boundary being the commercial and industrial development along the BNSF tracks. The purpose of the plan is to identify neighborhood issues, assets and opportunities. The plan is intended to serve as a forum to promote activities that will help maintain fiscal soundness, neighborhood stability and safety of this neighborhood as we promote this area to ensure long term viability. STAFF PRESENTATION Kellie Danielson, Community & Economic Development Director reviewed the plan for the board. Danielson stated they came to a board work session recently with a suggested revitalization plan that was targeted toward the core area of Kalispell and since then they have had quite a bit of public input. Danielson said it was suggested at the work session that the name be changed and now it is called C.O.R.E. (City Organized Revitalization Effort), in an effort to take the emphasis off the railroad tracks. Danielson said when this project was first initiated it was a neighborhood revitalization plan and then it morphed into creating a TIF district, removing the railroad tracks and relocating some businesses. Danielson said as they see the goal of removing the tracks and relocating businesses as a long-term vision they are now going back to the original plan to focus on the core area. Besides the name change there have been discussions regarding a boundary change however, she feels the residents should determine the boundaries, not the city. Danielson said the next step is to go out into the community and meet with the residents and ask them what is important to them and what improvements they would like to see in their neighborhood. Then a plan could be constructed from there. They would like to focus on a neighborhood plan on the west side of Main Street and then when that is completed determine if the east side of the core area is interested in participating. Danielson concluded by saying one of the keys when Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 10 of 27 visiting with the residents will be that it is essential to build a partnership so that we all work toward a shared vision. BOARD DISCUSSION Williamson and Schutt asked if there is a budget to achieve the goals and Danielson said once the residents determine their issues and concerns they will help the city prioritize them. Then once they have a plan the budget and funding sources will be determined. Griffin said after the plan is developed and approved it will give them leverage to go after funding for specific issues and Danielson said yes. Griffin clarified this is not something that is imposed on the citizens but the citizens voicing issues as they see them in their neighborhood and Danielson said the city doesn't want to dictate what will happen but let the residents tell the city what they would like to happen in their neighborhood. Mendius referred to the other city plans cited in the C.O. R. E. document and asked if this plan would break any new ground that the other plans haven't already covered. Danielson said a neighborhood plan is focused on a much smaller area, i.e., a 12 block neighborhood and includes parks & recreation, code enforcement, weatherization programs, and housing. The other plans are focused on transportation, growth, and infrastructure. Danielson said this is in essence a pilot project and if it works really well the neighborhood may want to start their own informal neighborhood council and the city may want to take the concept to other neighborhoods within the city. Griffin asked if there is a timeline set for this plan and Danielson said that is part of the strategic planning but they would like to see the plan completed in about 6 months and implemented within 5 years. PUBLIC HEARING Richard Kuhl - 867 North Main Street, stated he was glad to hear that the plan has changed since the work session. Kuhl reviewed his concerns with the old plan and said he is supportive of the new effort. He thinks the neighborhood should be asked what are the issues and concerns in their own neighborhoods. He added there was a concern expressed by people who rent homes to low income people and if the city starts imposing restrictions on the type of housing that would be allowed the plan should address where these people will be moved to. Mayre Flowers, Citizens for a Better Flathead, 35 4th Street West, Kalispell said she looked at this plan assuming they were looking at goals and policies for a TIF district and it looks like we are not at that step yet and more at the initial planning step. Flowers had the following comments: Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 11 of 27 (D CJ Page 21: It is not clear what area the Fairway pumping station serves, but if upgrading pipes in this area would further development outside of this proposed district, TIF funds should not be used for this piping upgrade and this should be clarified in the plan. TIF funding should only be allocated to projects that benefit the tax base within the project boundary. Flowers suggested a definition of the function of a TIF district should be added for the public at large. Page 25: Consider adding a policy of. Develop an architectural theme and standards for this district that enhance the historical character of the district. Page 26: Add to goal 2: Increase affordable housing by 25% through the implementation of this plan. Page 29: Consider adding a policy: Allow for some sky - bridge crossings across the rail line or the eventually abandoned rail lines to further potential redevelopment and additional stories at the current Kalispell Center Mall site. Page 30: Add a new policy: Set energy efficiency standards for buildings that are remodeled or added as new structures within the district. Page 31: Add a new section on parks. Include a goal or policy to ensure that plans or policies adopted set standards that result in a proportionate increase in parkland in the area as densities are increased. BOARD DISCUSSION Jentz advised the board that no decisions will be made tonight because this effort is not ready to go forward to the city council at this time. The board directing staff to carry on with the process outlined by Danielson would be in order. Clark said Ms. Danielson has done an excellent job in the short time she has been here. Hull said if the board has spent almost a year working on the West Valley Growth Policy Amendment they should spend some time on this effort. Hull said there are some big issues that have not been covered including roads/walkways across the railroad tracks and removing or upgrading the obsolete homes on the west side. Hull used the south end of 5+h Avenue West as an example where a few community block grants can make a huge impact on a neighborhood. Schutt asked what the next milestone in this process will be and Danielson said to organize and meet with the residents and after those meetings come back to the board with the comments and priorities from the residents. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 12 of 27 Griffin asked that the board be invited to participate in those neighborhood meetings and Danielson said she will notify the board when they are set up. THE VILLAS, LLC - A request by Mark Waatti, The Villas, LLC, for a Conditional CONDITIONAL USE PERMIT Use Permit (CUP) to locate an assisted living facility on an FOR AN ASSISTED LIVING approximately 7,100 square foot property located mid -block FACILITY on the east side of 5th Avenue West between 1st Street West and 2nd Street West. STAFF REPORT KCU-09-03 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-03 for the board.. Conrad said this is a conditional use permit (CUP) for an assisted living facility on 5th Avenue West between 1st and 2nd Streets West. The project site is a standard city lot and the predominate land use in the area is single family homes. The property is zoned RA-2 and under that zoning district it requires a CUP for assisted living facilities with up to 8 residents. Conrad noted that under Section 76-2-412 of the MCA, assisted living facilities are given a special residential status and therefore no conditions can be placed on this proposal that would not be placed on any single family residence within the city. Conrad said the public hearing is for informational purposes and provides a forum for public comment. Conrad reviewed the proposed site plan and conditions for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-09-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 3 conditions listed in the staff report. BOARD QUESTIONS Hull asked if it was assisted living for the elderly only and Conrad said yes. APPLICANT/CONSULTANTS Mark Waatti, 23 Wheatgrass Lane said he represents the applicant which is Waatti Engineering. Waatti said an assisted living facility will not create much impact in this neighborhood since it isn't much different than a standard residence and will not create a lot of additional traffic. None of the residents will own a vehicle and most the traffic will be from the employees or the visitors to the facility. Mendius asked how many employees will there be and Waatti said 2 employees at any given time on, site. . Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 13 of 27 0 PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Clark moved and Hinchey seconded a motion to adopt staff report #KCU-09-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 3 conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. PREMIER RESTAURANTS, A request by Premier Restaurants, LLC for a Conditional LLC - CONDITIONAL USE Use Permit (CUP) to operate a casino in conjunction with a PERMIT - RESTAURANT, bar and restaurant in the B-2 (General Business) zoning BAR & CASINO district called the Montana Club. The developers intend to tear down the existing building where Sawbucks restaurant, bar and casino has operated for approximately 14 years. Williamson recused himself from this discussion since his firm is working on this project. STAFF REPORT KCU-09-04 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-04 for the board. Conrad noted this conditional use permit is located on 13th Street East and South Main Street, the current location of the Sawbucks restaurant, bar and casino. The future property owners, Premiere Restaurants LLC plan to demolish the existing building and in doing so they would extinguish the existing casino operation. Under section 27.25.060 of the city's zoning ordinance it states once the building or use is willfully removed the building or use is then subject to all applicable regulations of the zoning ordinance. The restaurant and bar is permitted in the B-2 zoning however, the casino use goes away. The property owner/developer is therefore coming back and seeking the conditional use permit (CUP) to operate a casino at this site. Under the B-2 zoning casinos require a conditional use permit. Conrad reviewed the existing site and the surrounding properties for the board. He indicated since the property is located within 300 feet of a residential district there are some additional requirements that are reviewed under the CUP which includes the casino cannot take up more than 10% of the floor space of the proposed building, which has been met, limiting signage, entrances - their locations and number, and increasing landscaping between the casino and adjacent land uses. Conrad reviewed the proposed site plan, elevation drawings, and floor plan for the board. Improvements will be made by the developer to both 13th Street East and lst Avenue East, putting in boulevard, sidewalks and landscaping. The casino Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 14 of 27 0 is located on the south end of the new building and would face south to the existing gas station. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-09-04 as fmdings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 3 conditions listed in the staff report. Conrad reviewed the conditions. BOARD QUESTIONS Griffin asked if the neon lighting restriction was in the ordinance and Conrad said it is not but it is one of the provisions for the board to consider when a casino is located within 300 feet of a residential district. Griffin clarified there could be neon lighting on the building but not in conjunction with the casino and Conrad said yes. APPLICANT/CONSULTANTS Jeff Maphis, 115 Ardimus, Missoula - JCM Architecture - representing the Premiere Restaurants LLC, reviewed the project for the board. Maphis said they are bringing in a new family restaurant and bar that has a very broad appeal to the citizens of the existing sites in Missoula and Butte. They will be removing and demolishing the old structure and they are not adding a casino they are replacing one with a newer one. The primary use of this facility is a family restaurant. Maphis reviewed the elevation drawings for the board and touched on some of the site design issues. The main points are as follows: • The casino is located on the south portion of the lot which is as far away from the residential area as this site allows. The size of the casino falls under the 10% of the gross square footage allowed under the CUP requirements. • The site is surrounded with landscaping, on all 4 sides and they have put a significant amount on the Main Street side. The landscaped parking in the lot exceeds the minimum requirements. The bulk of the parking is on the north and south sides of the lot in order to enhance the front of the building. On the back of the lot, along 1st Avenue East is the service entry and they plan to berm and screen that area to make it more attractive. • They have agreed to provide the sidewalks and boulevards on the south side of 13th Street East and west side of 1 st Avenue East. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 15 of 27 • Maphis said they agree and will comply with the sign ordinance issues, although they would like approval to use the word casino, in small letters on their pylon sign on Main Street. Maphis said in conclusion they feel a new family restaurant & bar would be a great asset to Kalispell. They have been thoughtful and careful in designing it to respond to the community and its needs, removing an old building in a significant site along the city's entrance corridor and they think this business will have a very positive impact on the city. Clark asked Jentz staffs feelings regarding their request for having the word casino on the pylon sign? Jentz said that would be up to the board to decide whether that would be appropriate. Jentz said the sign regulations would allow a 15 foot tall sign with 60 square feet of signage area if located right on the property line. Griffin asked if this property would be affected by the entrance corridor standards that were recently recommended for adoption and Conrad said those standards would not apply to this property because the boundary for the standards end at Kelly Road and Highway 93. PUBLIC BEARING No one wished to speak and the hearing was closed. MOTION Clark moved and Hinchey seconded a motion to adopt staff report #KCU-09-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 3 conditions listed in the staff report. BOARD DISCUSSION Schutt asked staff to refresh his memory regarding a similar casino/sign issue with the Hilton Garden Inn. Jentz responded the casino approval process was the same but the Hilton was done as a PUD and allowed for the presence of the casino because conditions could be placed on the PUD to mitigate the impacts. The Hilton sign did not have the word "casino" on their signage but the sign does have the name of the casino "Silver Canyon" with a -miner prospecting for silver. Jentz said the board has the ability to recommend the signage of the facility whether it would be to allow casino on both the pylon sign and on the building or just allow one. He added the Architectural Review Committee will review any sign proposed at this location for character and quality before it is approved. Clark asked Maphis what their preference would be and Maphis said the first choice would be on the building and a small indication of casino on the main sign but if they could only have one the owners would probably want that sign to Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 16 of 27 be on the building where you enter the casino. Clark said he doesn't have a problem with the word casino in both places. MOTION TO AMEND Clark moved and Hinchey seconded a motion to allow the CONDITION #2 word casino on both the pylon sign and the building. BOARD DISCUSSION Schutt said he does not have a problem with the condition for signage as currently written with one sign on the building. MOTION WITHDRAWN Clark withdrew the motion and the second concurred. BOARD DISCUSSION Griffin asked and Jentz said the applicant can still appeal to the council to change the condition. Clark said he thinks the architect has done a really fine job and this project will be a real asset to the city by first removing the existing building and the new building will be extremely attractive. Mendius asked Conrad if the highway necks down to 2 lanes at this location and Conrad said it is still 4 lanes until 13t Street. Mendius asked how many driveways does Sawbucks currently have accessing the highway and Conrad said 2 but they are unregulated and undefined and he added on 13th Street their parking lot bleeds into the street and can cause traffic hazards. Conrad said the rebuilding will clean up the parking, designate the 2 entrances along the highway and contain the parking on 13th Street. Mendius said he has some concerns that if the restaurant turns out to be really popular it might exacerbate traffic access problems onto the highway and perhaps an access onto 13th Street might be appropriate. Conrad said the highway has been built to accommodate the traffic that is associated with a business of this nature. Further discussion was held regarding traffic circulation around the site. ROLL CALL - ORIGINAL The motion passed unanimously on a roll call vote. MOTION Williamson was reseated. HOCKADAY MUSEUM OF A request by the Hockaday Museum Board of Directors for a ART - ZONE CHANGE & zone change from RA-3 (Residential Apartment/Office) to P- PLANNED UNIT 1 (Public) and a planned unit development (PUD) overlay DEVELOPMENT FOR A zoning district for the Hockaday Museum site and FUTURE EXPANSION OF properties immediately south of the museum. The zone THE MUSEUM change and PUD would allow for reduced building setbacks needed for the museum to realize its future expansion plans. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 17 of 27 STAFF REPORTS KZC-09-02 Sean Conrad, representing the Kalispell Planning & KPUD-09-01 Department reviewed staff reports KZC-09-02 & KPUD-09-01 for the board. Conrad said before the planning board is a zone change and PUD for the Hockaday Museum of Art property. Conrad provided the location of the site to the board. The current zoning is RA-3 (Residential Apartment/ Office) zoning district. They are requesting a zone change from RA-3 to P-1 (Public) as well as a PUD to allow for the museum's future expansion. The growth policy land use designation for this area is Urban Mixed Use which allows for a mix of residential apartment/office type uses as well as cultural facilities, museums and schools. The proposed P-1 zoning is consistent with the Urban Mixed Use land use designation and the PUD will promote the compatible design of the future Hockaday expansion with the neighboring land uses. Conrad reviewed the site plan and noted the Hockaday Museum also owns the 2 lots to the south whose houses are slated to be removed. As part of the PUD the Hockaday would expand to the south and add a parking lot to serve the increased size of the museum. They are requesting 2 deviations from the zoning ordinance. The first deviation would be to remove the building setbacks along the alley. Staff is supporting this deviation because the setbacks would not negatively impact adjacent properties to the west since properties can build right up to the alley. In addition the zero setbacks along the alley are consistent with the B-4 zoning district which is immediately adjacent to the west. The second deviation is to reduce the required off-street parking spaces. Staff is also recommending the planning board consider recommending approval of this deviation based on the following: Excessive parking lots in the downtown discourage a pedestrian friendly environment; there is an existing city parking lot located approximately one block to the east that has approximately 30 parking spaces; and the proposed addition of 13 parking spaces proposed by the Hockaday Museum will provide for visitor parking which the museum currently does not have. Conrad reviewed the interim development plans for the museum which include removing the 2 houses to the south, putting up a temporary tent structure to accommodate children's activities during the summer, and construct a parking lot on the south end of the site. The future expansion plans will extend the building south and add a lower level. Conrad reviewed the need for additional museum space and the activities that a larger facility would Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 18 of 27 accommodate. 0 Conrad reviewed the future building elevations and conditions for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff reports KZC-09-02 & KPUD- 09-01 as findings of fact and recommend to the Kalispell City Council that the zoning be changed to P-1, Public and that the planned unit development be approved subject to the 3 conditions listed in the staff report. BOARD QUESTIONS Griffin asked Conrad to further explain the statement, "excessive parking lots in the downtown discourages a pedestrian friendly environment". Conrad said if you have large swaths of parking lots that would take up space for landscaping and benches downtown, it creates an auto oriented downtown and a barren landscape. In more urban areas Conrad continued, there is a de -emphasis on the parking lots and you find wider sidewalks, more green open spaces between buildings and park settings. Staff sees the need for providing some on -site parking but didn't want them to start tearing down more houses, for example, to create the parking. Griffin asked if this was a business would the city require more parking and Conrad said yes if the business was expanding. This site is located within the special parking maintenance district and the city would require additional parking spaces for the expansion much like the city is for this site. However the city is allowing for a parking requirement reduction of 50% in this case. APPLICANT/CONSULTANTS David Mitchell, 249 Sherry Lane, Kalispell stated he is with CTA, the architects of record for the expansion of the Hockaday Museum of Art. Mitchell said Conrad did a good job of explaining the project but added when they looked at the project they considered the architecture, the building, the site and its position within this community and tried to design something that fit within this residential district that allowed the Hockaday to expand by 13,000 square feet. Within the expansion there will be a substantial increase in the gallery and exhibit areas and also a large children's discovery room, an outdoor area for the summer. Most of the visitors will be arriving by buses or will be dropped off by parents and there won't be a real increase for parking except during special events and exhibits. Mitchell further described the architectural features and the site and floor plans. Lucy Smith, Executive Director of the Hockaday Museum of Art stated as a member of the staff she is looking from the inside of the museum out. However long it may take to Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 19 of 27 expand the museum the interim phase will really increase the amount of space to be used during the summer months when the area has a lot of visitors and to accommodate the children programs. Right now it is difficult to have camps outdoors because there is such a small space and they have to confine the children for their safety. Smith described their current parking constraints and added creating a parking lot on site will help with traffic flow for the museum and local traffic. She reviewed the type of programs they will be able to provide with the expansion of the outdoor classroom area. Smith indicated staff had asked about the maintenance of the landscaped area and she said they currently have a maintenance contract and in addition there are always requests from groups who are looking for maintenance projects for community service, and civic or learning projects. PUBLIC HEARING No one wished to speak and the hearing was closed. MOTION - ZONE CHANGE Hinchey moved and Griffin seconded a motion to adopt staff report KZC-09-02 as findings of fact and recommend to the Kalispell City Council that the zoning be changed to P-1, Public. BOARD DISCUSSION None. ROLL CALL - ZONE CHANGE The motion passed unanimously on a roll call vote. MOTION - PLANNED UNIT Hinchey moved and Griffin seconded a motion to adopt staff DEVELOPMENT report KCU-09-02 as findings of fact and recommend to the Kalispell City Council that the planned unit development be approved subject to the 3 conditions listed in the staff report. BOARD DISCUSSION Williamson said this is a great project noting everyone wants to support the Hockaday however, parking appears to be an issue with the limited parking proposed, understanding it is more than what they currently have, but with buses dropping kids off there are safety issues and perhaps there is a better solution for parking. Conrad said the Hockaday has had discussions with the church regarding shared parking and they may pursue that idea further. Conrad added they could also discuss using the church and bank lots in the evening and on weekends. There is also the city parking lot one block east of the museum that'they can also use for parking. Williamson added he would like to see more consistency with businesses where they wouldn't be seeing the relaxation of parking standards. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 20 of 27 ROLL CALL I The motion passed unanimously on a roll call vote. O CALAWAY BROTHERS - A request by Calaway Brothers, LLC for a conditional use CONDITONAL USE PERMIT permit (CUP) to construct eight apartment buildings on FOR AN APARTMENT several properties totaling 4.8 acres. The properties are COMPLEX - MERIDIAN zoned RA-3 (Residential Apartment / Office) which requires ROAD a CUP for multi -family (apartment) units prior to their construction. The apartment buildings would range in size from a 3,100 square foot 6-plex to a 5,600 square foot 12- plex. The apartment buildings will vary between two, three and four stories but be under the 40 foot maximum building height in the RA-3 zoning district. The developer is also proposing one 2,000 square foot clubhouse in the southeast portion of the project site. STAFF REPORT KCU-09-02 I Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-02 for the board. Conrad provided the location and a history of this project where a CUP was approved in 2004 that included an apartment complex however, that approval has since expired and now the developer has reapplied for a CUP for a similar project. Conrad reviewed the site plan and indicated the developer is proposing 65 apartment units in buildings ranging from a 6-plex to a 12-plex. He described the location of the buildings on the site. The developer has been working with staff and has modified the site plan based on staff input and those modifications include a 30 foot R/W to allow, as future development occurs to the north, a future city street within a 60 foot R/W that would connect this project to the intersection of Three Mile Drive and North Meridian Road. The developer modified his plan and moved the 6-plex units so they face each other which creates a court yard setting with more green usable open space than was previously submitted. Conrad reviewed the building elevations for the board. Conrad added more specific information will be required when the developer goes through architectural review. Conrad stated the developer has worked well with staff however there are still 2 issues that need the planning board's consideration. He described the topography of the site and the highway elevations in relation to the site. He indicated that the proposed height of the 12-plex buildings would project approximately 18 feet above the level of the highway and staff concerns include: When traveling this section of Highway 93 there are views of the west and southwest parts of town and if a building goes up that high it would block those views. Secondly, a 3rd level apartment is proposed that would look right out over the highway and staff had concerns about headlights shining into the Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 21 of 27 C.� windows of these residences and the noise from vehicular traffic on the highway. In addition the height of the building from the project site would be approximately 50 feet. They can have a building that tall because it is on a slope and there is a maximum building height in this zone of 40 feet but a 50 foot building would be out of character for this area. Therefore staff is recommending that the actual elevation maximum of those buildings be 3050 feet to address the highway concerns and internal project site height. Conrad continued the second issue is the proposed street network and whether there should be a connection from the future roadway on this site south to Underhill Court. Back in 2004 when the city council approved the CUP the residents of Underhill Court had concerns about increased traffic from this site on to their narrow road that is not built to current city standards so council approved the CUP requiring only an emergency access to Underhill Court. For this proposal Public Works is recommending that a 60 foot R/W and be built to city street standards to connect the internal road to Underhill Court. Conrad provided a diagram that shows the impact to the current layout of the proposed site if a 60 foot R/W connection was required. He noted the purpose of the street connection would provide a continued grid street network and would diversify and disperse traffic. Conrad noted the Fire Department had no issues with the proposed site plan and stated they did not need the connection to Underhill Court to provide emergency services. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-09-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 22 conditions listed in the staff report. BOARD QUESTIONS Hinchey noted the first half of Condition #2 refers to a 30 foot R/W with a 20 foot paved surface but what happens when this road is only half built. Conrad said the access driveway would be 20 feet wide within a 30 foot wide easement until development on the north of this property happens. Then the city would get the other 30 feet and the developer on the north would widen the roadway from 20 to 28 feet, add curb, gutter, boulevard and sidewalk on the north side of the street. Schutt asked for further clarification of the R/W and future connection to the north of this site. Griffin asked if there could be a reconfiguration of the layout of the buildings to accommodate the 60 foot R/W and Conrad yes but the changes to the layout would be substantial. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 22 of 27 n Hull asked how the neighbors were notified and Conrad said adjacent property owners within 150 feet of this site were notified by mail. APPLICANT/CONSULTANTS Rob Smith, A to Z Engineering, 115 Commons Way stated he is representing the developer and said this complex will provide a real need for the community and will provide the city with needed revenue for building permits and construction jobs over the next couple of years. Smith noted the layout that they submitted more or less was approved by the city council 4 years ago under a CUP and there are only the 2 issues. The building height along Highway 93 and the connection to Underhill Court. Smith described the design of the 12-plex buildings. He didn't think the height would be as much of an impact as was mentioned by staff because the location of the buildings is at the curve of the highway and the drivers should be concentrating on negotiating the curve and not the view. In addition they feel the guardrail is designed to mitigate the headlight concern. Smith also stated when city staff considers suggesting a more restrictive limitation it is almost a scenic corridor restriction and if the city is looking at putting that kind of restriction on a property it should not be a rule imposed upon a developer in the midst of development but adopted after public meetings are held and the council adopts the standards. In addition Smith continued the same restriction should apply equally to all properties along the corridor. Smith requested that the board delete Condition #7. Smith said the second issue is the requirement to connect a 60 foot R/W to Underhill Court. He said this requirement will have quite an impact on this development not only because of the cost, $100,000 but the parking lots and buildings would have to be relocated. He reviewed the vehicle trips generated by the development compared to single family homes and the impact to Meridian Road and stated the impact would only increase traffic onto Meridian Road by 3%. If people have an opportunity to go south and cut through a neighborhood the impact on Underhill Court and West Arizona will be significant. The developer understands that connectivity is important and would certainly entertain building walking paths that would connect Underhill Court but they would object to the connection of a city street. Smith requested the board consider deleting or amending conditions #1, 2, 9 8s 13 and remove the requirement for the connection to Underhill Court. Tim Calaway, Calaway Brothers, LLC, 365 River Bend Road, Bigfork compared the CUP from 2004 to this submittal and voiced the same objections to the issues of the height of the 12-plex buildings and the requirement for a connection to Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 23 of 27 Underhill Court. He cited the overwhelming, opposition by the residents of Underhill Court to connect the road in 2004 and the compromise of an emergency access only. Calaway said the requirement would eliminate a parking lot and almost all of the proposed green space. Also, the additional cost would increase the cost of the units significantly. Calaway said as far as the height of the 12-plex buildings is concerned he purchased this property because of the views. The buildings are proposed within the 40 foot height limit and he added the buildings were designed to mitigate the height as much as they could. Calaway asked the board to consider deleting or amending the following conditions: 1, 2, 7, 9 8v 13 because he feels they are unreasonable and puts a burden on them that devalues the property and increases the price per unit. Mendius asked if landscaping could mitigate the impact from the highway and Calaway reviewed his initial plan to create a walkway along the highway with trees and landscaping that would cross the highway and draw employees from the hospital campus to live in this apartment complex because they would then be able to walk or bicycle to work instead of drive. He also said MDT does not maintain the R/ W Calaway sprays for weeds each year. PUBLIC HEARING Betty Jo Malone, 627 Underhill Court in Kalispell said she was against the connection to Underhill Court in 2004 and she is still against it. Malone said if the city connects their street with this development it will cause major problems in their area. She indicated she would start a petition against the connection if necessary. She said they have a lot of children in their neighborhood, their street is very narrow and they do not have sidewalks. Malone said she would appreciate it if the board would reconsider the connection to Underhill Court. She also said they would like request a fence or wall be installed to prevent people from walking through their yards from this proposed complex. Jerry Olson, 629 Underhill Court agreed that the MDT R/ W is not maintained and said if a fire ever broke out it would probably wipe out Kalispell. Olson also thought a fence or wall should separate this complex from the properties to the south. MOTION Clark moved and Hinchey seconded a motion to adopt staff report KCU-09-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 22 conditions listed in the staff report. BOARD DISCUSSION Hull said he reviewed this project in 2004 and he remembers the issues. Hull said he is usually in favor of grid systems but not in existing neighborhoods. To put that Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 24 of 27 road in would destroy that neighborhood. Hull added he would like to see a proposal for a bike path/pedestrian walkway and a barrier to direct the pedestrian traffic. Hinchey agreed that a paved bike/pedestrian path that connects this project to Underhill Court would be appropriate but the width should be reduced to 10 feet. Hull. asked about emergency access and Hinchey noted the Fire Department has indicated that they do not need the access. Clark agrees that a bike path is appropriate and not a 60 foot R/W street connection. Clark noted he and Mr. Hinchey looked at the site and elevation today and they don't think the elevation limit should be 3050 feet but 3045 feet. Hinchey agreed with Clark ,on the elevation limit because of the headlights shining in the windows, the noise factor and the building height would block one of the most beautiful views in the city. MOTION TO AMEND Hinchey moved and Clark seconded a motion to amend CONDITION #7 Condition #7 to read as follows: "The peak of the roof for the two 12-plex buildings shall not exceed an elevation of 3,045 feet." BOARD DISCUSSION Schutt said he hasn't seen this project before and he asked Calaway what the building height was for the 2004 CUP. Calaway said the old version was 3050 but they buried the parking structure so they were able to achieve the 3050 height. Calaway mentioned they are trying to get rid of as much outside parking, get it under buildings and covered then they can have more green space. Conrad read from the May 11, 2004 planning board minutes and at that time Chairman Taylor asked how much of the roof line would be seen from Highway 93 and Calaway stated "the roof line is about at highway level due to the parking lot and the 2 story building and there will be a daylight basement in that unit." Williamson asked if staff is comfortable with 3050 feet and Conrad said yes and further explained the recommendation. Williamson asked if staff is saying at 3050 feet the scenic aspect would be somewhat impacted but the issues with headlights and highway noise would be mitigated and Conrad said yes. Williamson said he agrees with the 3050 foot height limit. He understands the city has not protected this area as a scenic corridor however there are other issues that would support the 3050 limit including the headlight/safety and sound mitigation. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 25 of 27 ROLL CALL - CONDITION #7 The motion failed on a roll call vote of 2 in favor and 5 opposed. BOARD DISCUSSION Schutt said he agrees that Underhill Court is a substandard road but if the Underhill Court connection goes away he is concerned with the traffic volume accessing onto Meridian Road by an unlighted, uncontrolled intersection. However, Schutt is not in favor of a full road connection and can support a bike/pedestrian path. MOTION TO Hinchey moved and Williamson seconded a motion to AMEND/DELETE amend/delete the following conditions: CONDITIONS # 1, 2, 9 & 13 Delete Condition # 1; Amend Condition #2 by deleting the phrase in the first sentence "and 60 foot" and change right-of-ways to "right- of-way"; and delete the second bullet on Condition 2; Amend Condition #9 by deleting the phrase "and 60 foot right-of-way" in the second sentence; and delete the phrase "at such time a city standard street connects Underhill Court to North Meridian Road."; and Delete Condition # 13. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION TO ADD NEW Williamson moved and Hinchey seconded a motion to add a CONDITION new condition to read as follows: Prior to issuance of a certificate of occupancy for the 12-plex units a 10 foot paved pedestrian access shall be completed from the parking lot of the 12-plex units to Underhill Court. BOARD DISCUSSION Conrad suggested this condition be placed within the Prior to issuance of a Certificate of Occupancy portion of the conditions. Smith of A to Z Engineering asked the board if they were looking for street bollards to prevent vehicles from moving on to the path and Hull said yes and in addition fencing the remaining southern boundary to prevent people from cutting through private property. Calaway said they intend to add fencing on their southern boundary. Mendius asked if the board is proposing that the bike path be routed into the parking lot where school children would be walking. Conrad said there are other bike paths within the site and the board could add to the condition that the path would to connect with the existing bike paths in the project site. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 26 of 27 C_J �l AC,4 0 AMENDED MOTION TO ADD Williamson moved and Hinchey seconded a motion to NEW CONDITION amend the new condition to read as follows: Prior to issuance of a certificate of occupancy for the 12- plex units a 10 foot paved pedestrian access shall be completed that is a continuation of planned pedestrian/bike pathways from the 12-plex units south to connect with Underhill Court. ROLL CALL The motion, as amended, passed unanimously on a roll call vote. ROLL CALL - ORIGINAL The original motion as amended passed unanimously on a MOTION roll call vote. OLD BUSINESS: None. NEW BUSINESS: Jentz noted there is a work session in 2 weeks and the next planning board meeting has 2 agenda items, a 4-plex on Three Mile Drive and Conrad added an annexation request located on the north side of Cemetery Road near Highway 93 South. ADJOURNMENT The meeting adjourned at approximately 11:15 p.m. NEXT MEETING The next work session of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, March 24, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, April 14, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. Michelle Anderson Recording Secretary APPROVED as submitted/corrected: 4 1-d-m Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 27 of 27 Michelle Anderson From: Michelle Anderson Sent: Monday, March 23, 2009 8:02 AM To: Tom Jentz Subject: Telephone msg against Pre -Release Tom, This morning (March 23) there was a message on our voice mail from Friday at 5:41 p.m. A woman (no name given) is opposed to the center - she lives on Woodland Avenue — her kids walk back and forth to swimming lessons at Woodland Park. These center draws criminals to the community. She doesn't think the residents of the center should be working out their problems in communities where there are children. She knows for a fact that the residents walk away and then no one knows who is in their neighborhood. She hopes to God that the pre-release center is not approved. Michelle Anderson Office Administrator Kalispell Planning 8s Building Dept. 201 First Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 email: manderson2kalisvell.com 3/23/2009 25 Feb 09 03:23p Murcon Development Ltd. (403) 237-76'16 p. ,-- Murcon Development Inc. 2510, 530 — 8th Avenue S.W. Calgary, Alberta T2P 3S8 Phone (403) 269-5416 Fax (403) 237-7676 February 25, 2009 City of Kalispell Planning Department 201 — P" Avenue East Kalispell, MT 59901 Attention: Tom Jentz Re: Notice of Public Hearing March 10, 2009 Items # 1 and 2 Request by R. Dick Mitsch Dear Tom: Murcon Development Inc, is in receipt of a Notice. of Public Hearing, Kalispell City Planning Board and Zoning Commission to be held at 7:00 PM on March I k 2009. The letter gives notice of the following two items: 1. A request by R. Dick Mitsch for a zone change from B-2 General Business to P-1 Public for 2 tracts of land totaling 1.78 acres located on the west side of US Highway 93 South in Kalispell just south of the Kelly Road intersection.. The property address is 2282 US Highway 93 South and is more particularly described as Tract A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21 W, P.M.M. Flathead County Montana. 2. A request by R. Dick Mitsch on behalf of Community Counseling and Correctional Services, Inc of Butte, MT for a Conditional Use Permit (CUP) to operate the Northwest Montana Transition Center. The Transition Center would be a 40 bed "Pre -Release Center" to be operated at 2282 US Highway 93 South in Kalispell. The property is petitioning to be rezoned to P-1 Public (see agenda item 1 above). Pre -Release centers are allowed by conditional use in the P-1 zone. The site contains an existing office. building on 1.78 acres of land. The exterior of the property would remain generally unchanged however the interior would be remodeled to accommodate the 40 residents and a maximum staff of 23. A 4,750 square foot addition housing a kitchen/dining facility and bathrooms will be added to the back (westerly side) of the existing facility, This center will operate under contract with the MT Department of Corrections. For a specific legal description, please refer to agenda item 1 above. 25 Feb 09 03:23p Murcon Development Ltd. L'WdJ �,7r-rbro N-- Page 2 o f 2 Notice of Public Heating March 10, 2009 Items # 1. & 2 Request by R. Dick A2itsch Thank you for taking the time to discuss the above items and to clarify the type of facility being proposed. Further to the notice and our discussions, Murcon Development Inc. (after careful consideration of the above proposals), is opposed to both of the requests listed above. Please make a note of our opposition for your records. Murcon Development Inc. is an immediate adjacent landowner to the proposed request. We object for the following reasons: 1. The proposed change is incompatible with the present business uses in the area and is incompatible with the present zoning in the area. The proposed zoning change and use is basically residential which is a nonconforming use to the business/comm.ercial use in the area. 2. A proposal of this type would have a direct economic impact on the worth of the. surrounding properties, particularly Murcon Development Inc. as an adjacent land owner. 3. Murcon Development Inc. has two business development lots in the area and a change of the type proposed could highly jeopardize the salability and future development of the lots owned by Murcon Development Inc. Murcon Development Inc., as a developer of the Daley Field Subdivision, committed extensive time and expense toward the development of the Daley Field Subdivision and worked cooperatively with the City of Kalispell. Murcon Development Inc. feels an approval of the . requests in the Notice of Public Hearing would be detrimental to. the entire Daley Field Subdivision. Doug Denmark will'be attending the Public Hearing and has fu11 authority to act on behalf of Murcon Development Inc. ourSt nr , Murph Hamion President Murcon Development Inc. cc: Doug Denmark PETITION AGAINST PRE-RELEASE CENTER PROPOSED LOCATION e the Citizens &. Business owners of South Kalispell are against the proposed location of the Pre-release center. The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Marne: n e Address: Phone: OPT Date: 7� -7 1 IPAOM aok 1&0q. 2-z8- 01 22—_96,-tS) PETITION AGAINST PRE-RELEASE CENTER PROPOSED LOCATION We the Citizens & Business owners of South Kalispell are against the proposed location of the: Pre -Release center. The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Name: Address: C- 7 Phone: OPT ado-S�o� 41- qs-2,-D Date: PETITION AGAINST PRE-RELEASE CENT'ER,_- _=: PROPOSED LOCATION We the Citizens & Business owners of South- Kalispell are against the proposed location of the Pre -Release center. The Proposed location: 2252 HWY 93 South, Kalispell Nit 59901. By signing you are saying that you do NOT support the proposed location. Name: Address: Phone: OPT ��9y rya✓�� i2ro� rz� c?'71- 7 7 fox 330 kW7- 2 7— ,&19�L > ,V f x; 6_` f Z 6 - 43OIL t Date: PETITION AGAINST PRE-RELEASE CENTER _ . _ PROPOSED LOCATION n We the Citizens & Business owners of South Kalispell are against the proposed location of the, Pre -Release center. The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Name: Address: Phone:OPT Date: �� PETITION AGAMSTPRE-RELEASE CENT ER 0 PROPOSED LOCATION We the Citizens & Business owners of South Kalispell are against the proposed- location of the Pre-release center. The Proposed location: 2282'HWY 93 South, Kalispell Nit 59901. By signing you are saying that you do NOT support the proposed. location. Marne: �� cc 5 d (Ll��c� ��1Jd1P�1/1G��7 Address: Phone: OPT Date: a�7- -/?o 5- 2-27-a� 12�5 o2j'�'2-15 33 /I s-" 7o PC' ll. �5 .5piaf�E3 -7�55- CoZzi 7 (o`1 5, 0 - - ACaAINST PPIc-RELEASE CENTER PETITION PROPOSED LOCATION We the Citizens & Business owners of South Kalispell are against the proposed location of the Pre -Release center. The Proposed location; 2282 NWY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Marne: , Address:._..__........ 0 y Phone: OPT Date: 3q�,g PETMON AGAINST PRE-RELEASE CENTER PROPOSED LOCATION We the Citizens & Business owners of South Kalispell are against the proposed location of the Pre -Release center. The Proposed location: 2232 HWY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Address: Phone: OPT (-J ��nArLtcKARD 1 n4 i7,H_ kal15Pzu- —756 -68141 o Date: -�2- l -eI 3 -Q7-O9 PETITION AGAINST PRE-RELEASE CENTER PROPOSED LOCATION C) We' the Citizens & Business owners of South Kalispell are .against the proposed location of the Pre -Release center. The Proposed location: 2282 NWY 93 South, Kalispell Mt-59901. By signing you are saying that you do NOT support the proposed location. Name: Address: Phone: OPT 75`= 8�'qz . .. ' � _ v • tit:;;f C (7, J<` I 53 o c�caz] , �r Fog'a" ►-ycIf v 607 C4- . abj -o739 ,��-zgac .:5/7' - 5q'q q . Date: z a4 -oi a a� PETITION AGAINST PRE-RELEASE CE114TER.: PROPOSED LOCATION e the Citizens & Business owners of South Kalispell are against the proposed location of the pre-release center. The Proposed location: 2282 HWY 93 South, Kalispell lit 59901. By signing you are swing that you do NOT support the proposed location. Marne: Address: Phone: OPT Date: I � T Qwv-p-q Rog 5- q- C@ C Lci TYbe-r 60 PETITION AGAINST PRE-RELEASE CENTERT_- .- _.__ PROPOSED LOCATION We the Citizens & Business owners of South.Kalispell are against the proposed location of the Pre -Release center. The Proposed location: 2282 HWY 93 South, Kalispell (fit 59901. By signing you are saying that you do NOT support the proposed location. Marne: Address: Phone: OPT . Date: Y PETITION AGAINST PRE-RELEASE CENTER Address.: PROPOSED LOCATION We the Citizens & Business owners of South Kalispell are against the proposed location of the Pre -Release center. The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Name: --,)-,4 A. � F, F_'@ 0 08 Phone: OPT - -Date: A_f 14 - /9`71 0 -_PETITIO AGAINST PRE-RELEASE CENTER"."' :- PROPOSED LOCATION - - We the Citizens & Business owners of South Kalispell are against the proposed location of the Pre -Release center. The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Nam, e: Address: Phone. Date: -2/2 Y �q 1�7 6� J PETMO �,GAINST PP. F- IELEASECENT R PROPOSED LOCATI ION e the Citizens & Business owners of South. Kalispell are against the proposed location of the Pre -Release center. The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901, By signing you are saying that you do NOT support the proposed location. Na Address: ak3w 14WQ 93 S. zap �2�c�s"kA �7_0 9 33 (D : H �'y 613 s. Phone: OPT .. Date: 31 S. TC9 F -'i P -90N AGAINST PRE-RELEASE 'ENTER- TI I 1- 0- PROPOSED LOCATION We the Citizens & Business owners of South Kalispell are against the proposed location of the Pre -Release center. - The Proposed location: 2282 HVVY 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. I I, Ers"I M- O �_J Address: Phone: OPT Date: Z-330 935 10 q 6m Pi'iv Pr q �-b - �31 -3 1q. 16 o 5-7 C R 3 L3c) A4e") x 13 < f cl- 350 7 S-S -q7 q-7 . (:) j PETMON AGAINST PRE -RE' EASE CENTER. PROPOSED LOCATION We the Citizens & Business owners of South Kalispell are against the proposed location of the Pre -Release center. The Proposed location: 2282 HWY. 93 South, Kalispell Mt 59901. By signing you are saying that you do NOT support the proposed location. Name: Address: Phone:OPT Date: 76 11,-W y 2 Michelle Anderson From: C.Byrd@flathead.coop Sent: Tuesday, March 10, 2009 1:05 PM To: manderson@kalispell.com Subject: Pre-release Center Location Dear Kalispell Planning Office, I am unable to attend tonight's meeting concerning the location of the Pre-release Center so I'm writing to express my views to you. First, I would like to say that I am not against the concept of a Pre-release Center -I think they are a great means of getting inmates back into society as productive citizens. I am sorely disappointed in the choosing of the location. Kalispell has been trying to upgrade the appeal of the south entrance to the city for some time now. The center does not need commercial highway frontage. By putting the center in the proposed location next to Penco it would stimy any further commercial development next to it. There are 3-4 empty commercial lots next to the proposed center that I am sure will remain unoccupied for a long time. If I were a business looking to locate in that area, I would not want to have my business close to that center and I sure you wouldn't either. There has to be a better location that doesn't have this kind of negative impact. Again, I'm not against the concept of a pre-release center, I'm just strongly opposed to this location because of the negative impact to the surrounding businesses. Thank You for the opportunity to comment. Sincerely, Chris H & Maureen Byrd 3/10/2009 PENCQD � w.yamahanow.com �406) 755-6229 2310 Highway 93 South Kalispell, Montana 59901 3/5/09 To The Kalispell Zoning Board 21`v t°L N9R 5 Pm 1:2 3 I am writing this letter in objection to the zoning change proposed for 2282 Hwy 93 S. As a tax payer and business owner from the south 93 businesses, I do object to the site selected for the Kalispell Pre-release Center. If allowed, it will lower the land values and distort the image we are all working so hard to create for South Hwy 93. The Pre-release Center is something that is needed, but not at the entrance to our city. Please take the time to look further into the impact it will have on South Kalispell before choosing this Olocation. Sincerely, ghn Penrod Owner/Manager Penco Power Products 2� �i Av Mn a E. r' i 3%s PENC* w.yamahanowxom C, 3 6) 755-6229 2310 Highway 93 South Kalispell, Montana 59901 March 4, 2009 Flathead County Zoning Committee, I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has been my understanding that the goal for the south end of town has been to create an appealing entrance to our city. It was only 6 months ago there was talk about not only the progress business owners have made with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new "Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance of town. It is surprising that we are now heading down a very different road. By approving this zone change, thus allowing fora pre-release center at this location, it defeats all that we have done as business owners, and as city officials. There are other locations for this facility that are much more appropriate - Please also take into consideration the impact this will have on property values on Hwy 93 South. There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that the state recognizes that, without this time, there is a greater chance of relapse. However, This location is not the best for all interests. In most other cities, the locations of such, are very different than the site being Oproposed in our city of Kalispell. The future of the appearance and value of our great cities entrance is in your hands. Please do what is right for Kalispell. Thank You, Trinette E. Penrod n March 4, 2009 Flathead County Zoning Committee, I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South_ It has been my understanding that the goal for the south end of town has been to create an appealing entrance to our city. It was only 6 months ago there was talk about not only the progress business owners have made with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new "Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance of town. It is surprising that we are now heading down a very different road. By approving this zone change, thus allowing for a pre-release center at this location, it defeats all that we have done as business owners, and as city officials. There are other locations for this facility that are much more appropriate. Please also take into consideration the impact this willhave on property values on Hwy 93 South_ There is no doubt that there needs to be a transition time for prison released individuals_ I am pleased that the state recognizes that, without this time, there is a greater chance of relapse. However, This location is not the best for all interests. In most other cities, the locations of such, are very different than the site being proposed in our city of Kalispell. The future of the appearance and value of our great cities entrance is in your hands. Please do what is right for Kalispell. Thank You, Steve Konopatzke March 4, 2009 Flathead County zoning Committee, I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South_ It has been my understanding that the goal for the south end of town hasbeen to create an. appealing entrance to our city. It was only 6 months ago there was talk about not only the progress business owners have made with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new "Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance of town. It is surprising that we are now heading down a very different road. By approving this zone change, thus allowing for a pre-release center at this location, it defeats all- that we have done as business owners, and as city officials. There are other locations for this facility that are much more appropriate. Please also take into consideration. the impact this wall have on property values on Hwy 93 South_ There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that the state recognizes that, without this time, there is a greater chance of relapse. However, This location is not the best for all interests. In most other cities, the locations of such, are very different than the site being proposed in our city of Kalispell. The future ofthe appearance and value of our great cities entrance is in. your hands. Please do what is right for Kalispell. Thank You, Jeff Loflin 0 0 March 4, 2009 Flathead County Zoning Committee, I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has been my understanding that the goal for the south end of town has been to create an appealing entrance to our city. It was only 6 months ago there was talk about not only the progress. business owners have made with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new "Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance of town. It is surprising that we are now heading down a very different road. By approving this zone change, thus allowing for a pre-release center at this location, it defeats all: that we have done as business owners, and as city officials. There are other locations for this facility that are much more appropriate- PIease also take into consideration the impact this vvu1l have on property values on Hwy 93 South. There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that the state recognizes that, without this time, there is a greater chance of relapse. However, This location is not the best for all interests. In most other cities, the locations of such, are very different than the site being proposed in our city of Kalispell. The future ofthe appearance and value of our great cities entrance is in your hands. PIease do what is right for Kalispell. Thank You, Ryan Brechbill O 2009 A 5 i:'w is 3. March 4, 2009 Flathead County Zoning Committee, I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has been my understanding that the goal for the south end of town has been to create an appealing entrance to our city. It was only 6 months ago there was talk about not only the progress business owners. have made with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new "Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance of town. It is surprising that we are now heading down a very different road_ By approving this zone change, thus allowing for a pre-release center at this location, it defeats all. that we have done as business owners, and as city officials_ There are other locations for this facility that are much more appropriate_ Please also take into consideration the impact this will have on property values on Hwy 93 South. There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that the state recognizes that, without this time, there is a greater chance of relapse. However, This location is not the best for all interests. In most other cities, the locations of such, are very different than the site being proposed in our city of Kalispell. The future of the appearance and value of our great cities entrance is in your bands. Please do what is right for Kalispell. Thank You, William Weseman 009 MAR 5,m l:,2 March 4, 2009 Flathead County Zoning Committee, I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South_ It has been my understanding that the goal for the south end of town has been to. create an appealing entrance to our city. It was only 6 months ago there was talk about not only the progress business owners have made with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new "Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance of town. It is surprising that we are now heading down a very different road_ By approving this zone change, thus allowing for a pre-release center at this location, it defeats all that we have done as business owners, and as city officials. There are other locations for this facility that are much more appropriate_ Please also take into consideration the impact this will have on property values on Hwy 93 South_ There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that the state recogOzes that', without this time, there is a greater chance of relapse_ However, This location is not the best for all interests. In most other cities, the locations of such, are very different than the site being proposed in our city of Kalispell. The future of the appearance and value of our great cities entrance is in your hands. Please do what is right for Kalispell. _ Thank You, David Daui March 5, 2009 Dear Sir or Madam, As a resident of this County, I come to you today to inform you of my thoughts on the pre-release center proposed for Highway 93 South. When I moved here, the entrance to the city was deplorable. Such a beautiful geographic location and such an eyesore! And the county seat to boot! What about being the gateway to Glacier National Park?!. The business owners on Highway 93 South are to be commended for their wonderful work to beautify that part of town- Now, it is with pride that I welcome visitors. What a boost to our tourism industry! Please do not discourage our Highway 93 South business owners after all the efforts and money they have spent. I do not disagree with the pre-release center concept, however I do not see the good sense reasoning behind the proposed location: closest to the fastest escape route by air (Kalispell City Airport) or by land (Highway 93)! Just consider the impact on the nearby already established businesses and residences!! ! Doesn't longevity deserve some consideration? Sincerely, Andree Laroche