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09-09-08KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 9, 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Rick Hull, John Hinchey, Vice President, Richard Griffin and Troy Mendius. C.M. (Butch) Clark, Bryan Schutt and Jim Williamson were absent. Tom Jentz, Nicole Johnson, P.J. Sorensen and Sean Conrad represented the Kalispell Planning Department. There were approximately 14 people in the audience. APPROVAL OF MINUTES Griffin moved and Hull seconded a motion to approve the minutes of the August 12, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. MARK WAATTI TEXT A request by Mark Waatti to amend Section 27.10.040(3) of the AMENDMENT, KZTA-08-03 Kalispell Zoning Ordinance. The amendment would reduce the minimum yard setbacks in the RA-2 (High Density Residential Apartment) zone. The current setbacks are: 20 feet for the front yard, 10 feet for the side yard, 20 feet for the rear yard and 20 feet for the side corner area. The proposed setbacks are: 15 feet for the front yard, 5 feet for the side yard, 10 feet for the rear yard and 15 feet for the side corner area of the yard. STAFF REPORT KZTA-08-03 Nicole Johnson representing the Kalispell Planning Department reviewed staff report KZTA-08-03 for the board. Johnson said this is a request to change the setbacks in the RA-2 zoning district to support the development of permitted uses such as townhouses and duplexes in that zone. Mr. Waatti submitted a request to reduce the setbacks because he is interested in developing duplexes in the RA-2 zone and right now the setbacks are, he feels, a little too restrictive when dealing with one standard city lot. Johnson reviewed photographs of existing residential buildings in some areas of the RA-2 zone that already appear to have 5 foot setbacks and she said this text amendment would bring those buildings more into compliance with the regulations. Johnson said staff looked at existing development in the area, and the permitted and conditionally permitted uses. Multi -family buildings require a conditional use permit in the RA-2 zones and through that process greater setbacks may be required. In addition, the parking allotment would remain the same and still needs to be provided. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZTA-08-03 as findings of fact and recommend to the Kalispell City Council that Section 27.10.040(3) of the Kalispell Zoning Ordinance be amended to reduce the minimum yard setbacks in the RA-2 zone. The setbacks are 15 feet for the Kalispell City Planning Board Minutes of the meeting of September 9, 2008 Page 1 of 7 front yard, 5 feet for the side yard, 10 feet for the rear yard and 15 feet for the side corner area of the yard. BOARD QUESTIONS Rick Hull asked what is the typical front yard setback and Johnson said it depends on the zone but in the R-3 zoning district, which is the standard single-family zone, the front yard setback is 20 feet. Hull asked if that is 20 feet from the sidewalk and Jentz responded 20 feet from the public right-of-way so it varies depending on where the right-of-way lies. Griffin asked if every lot was backed by an alley and Johnson said most of them are. Griffin asked what would be allowed in the alley with the proposed rear setback or would there be no parking at all. Johnson said parking may be provided in the alley but it would depend on the location of a rear -loaded garage and the setback from the alley. Griffin asked if the front setback would still allow street parking and Johnson said a single-family home has to provide 2 off- street spaces somewhere on the lot but within the setbacks. Hinchey asked if the setbacks are for the primary residence and Jentz said yes. Griffin asked how a 10 foot separation is addressed from the Fire Department's standpoint and the building codes. Johnson said currently the R-4 (Two Family Residential) zoning district has the same setbacks that are proposed. Once you go beyond 3 units in one building additional setbacks or safety infrastructure are required to meet the International Fire Code and the building code. Hull asked if the setback is measured from the eave line or the foundation and Johnson said the eave line. Hull noted that would make the setback appear larger. Hinchey asked what prompted this change because he noted there are a lot of buildings that do not comply currently. Johnson said the larger setbacks were put into place because the zone promotes the multi -family larger scale developments. She reminded the board that there is a conditional use process in place for multi -family proposals and the board will be able to address appropriate setbacks on a case -by -case basis. APPLICANT/CONSULTANTS None. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Hull moved and Mendius seconded a motion to adopt staff report KZTA-08-03 as findings of fact and recommend to the Kalispell City Council that Section 27.10.040(3) of the Kalispell Zoning Ordinance be amended to reduce the minimum yard setbacks in the RA-2 zone to the following: 15 feet for the front yard, 5 feet for the side yard, 10 feet for the rear yard and 15 feet for the side corner area of the yard. BOARD DISCUSSION Hull noted the setbacks in the zones seem to be very inconsistent and he felt it would be appropriate to adopt these setbacks for the RA-1 zone as well. However he is somewhat concerned that houses may be too close to the front property line. Johnson stated staff is currently working on an update to the Kalispell City Planning Board Minutes of the meeting of September 9, 2008 Page 2 of 7 entire zoning ordinance to address those inconsistencies and one change would be to adopt the same setbacks for RA-1 as proposed for the RA-2 zone. Staff hopes to have a draft to the planning board by the end of the year. Jentz noted the applicant in this case was advised by staff to submit the text amendment for the RA-2 zone now instead of waiting until the review of the entire zoning ordinance is complete, which could take some time. Griffin asked if the 35 feet height limit was in all zoning areas and Johnson said in the RA-2 zone the height restriction is 40 feet. Mendius said although RA-2 is a high density residential apartment zone this small area is actually 70 to 80% single-family dwellings. Ten feet between 2 single-family dwellings is acceptable but what would prevent a developer from constructing a 4 story building 10 feet away from a single-family residence. Johnson said that would be considered a multi -family unit and would have to go through the conditional use permit process where those types of issues would be discussed and appropriate setbacks could reduce the impacts. ROLL CALL I The motion passed unanimously on a roll call vote. SIDERIUS A request by the Siderius Family Limited Partnership to amend the COMMONS/HIGHWAY 93 Kalispell Growth Policy Future Land Use map for a 207 acre site SOUTH GROWTH POLICY currently designated for commercial, industrial, and suburban AMENDMENTS residential land uses. The owners are requesting to amend the growth policy map so as to eliminate the industrial and suburban residential designations, expand commercial uses along the east half of the site and incorporate higher density residential uses on the west half of the property. Secondly the planning board directed planning staff to not only review the requested amendment but to review and evaluate the amendment as it relates to the general Highway 93 South area. Based on this direction the planning department is recommending the planning board and city council redefine the Highway 93 South Growth Policy Amendment chapter of the Kalispell Growth Policy in conjunction with the Siderius growth policy amendment. STAFF REPORT KGPA-08-01 I Sean Conrad representing the Kalispell Planning Department reviewed staff report KGPA-08-01 for the board. Conrad said before the board is a growth policy amendment that includes a request from the Siderius family for Siderius Commons a 207 acre, mixed -use development proposed on the west side of Highway 93 South along with a revision to the Highway 93 South Growth Policy Amendment that would amend the current area boundaries and address the changing development patterns to the south of Kalispell. Conrad reviewed the current and proposed land use designations and provided an overview of the proposed amendments to the growth policy issues, goals and policies. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KGPA-08-01 as findings of fact and approve Resolution KGPA-08-01 amending the Kalispell Growth Kalispell City Planning Board Minutes of the meeting of September 9, 2008 Page 3 of 7 Policy 2020 for the Highway 93 South area. In addition the board recommends to the Kalispell City Council that amendments to the goals, policies and recommendations of the Highway 93 South Growth Policy Amendment, as proposed in Exhibit A attached to the staff report be adopted as an amendment to the Kalispell Growth Policy 2020. BOARD QUESTIONS I Hinchey asked for clarification on the area involved in this amendment which Conrad provided. Hull asked what kind of public notice was given on this proposal and Conrad said staff did a mailing of property owners who were adjacent to the Siderius property as well as property owners on the east side of Highway 93 South which also includes property owned by Davar Gardner. Conrad added Gardner has submitted an application for annexation of their property but staff requested they put it on hold until the growth policy amendments are finalized. Griffin asked the difference between Industrial and Light Industrial and Conrad explained. Mendius asked for an example of land use that is incompatible with the 40 acre biosolids land application site since the biosolids site will be surrounded on 3 sides by the residential property proposed in Siderius Commons. Conrad noted the goals and policies do not restrict the land uses that could be located near this site but it is included in the goals and policies to indicate that additional buffers and other mitigation may be required for those properties adjacent to the site. Hinchey said in other words the board will have another chance to review this development when there is a defined proposal and Conrad said yes. APPLICANT/CONSULTANTS Jerry Nix said he is representing the Siderius Partnership and he thinks the project will be beneficial to the city. Nix asked the board to recommend to the city council approval of the Highway 93 South Growth Policy Amendment and the goals and policies that accompany the amendment. PUBLIC HEARING Paul Wachholtz, 183 Fairway Boulevard said he is one of the developers of Old School Station. Wachholtz said they are excited that this proposal will be hooking up to sewer and water which will help Old School Station repay the bond for these facilities. The Siderius family has a long history of caring about Flathead Valley and this development will extend the tax base and address affordable housing with a unique approach, which if taken, will provide some truly affordable housing. Chris Colvin, 2565 Airport Road said he is a neighbor of the project. His hope is that they develop something nice because his fear is that there could be too much of a rush in trying to provide affordable housing which could have a negative impact on property values and his way of life. He does appreciate the work that is going into this project and he understands the need. Steve Evans, 255 Ashley Meadows said he is a primary landowner south of this development. He moved to this location about 6 years Kalispell City Planning Board Minutes of the meeting of September 9, 2008 Page 4 of 7 ago knowing full well that the field would eventually be developed and he appreciates the overall conception of this plan. He certainly supports moving away from the industrial zoning and has no issues with the commercial zoning along the highway corridor. Evans said Mr. Nix came before their homeowners association twice, which they appreciated, and they also appreciate the developer's efforts to include green spaces, parks and the potential for a school on the southern border. Evans said they would be supportive of a school in that area because it would provide a transition from their 5 - 20 acre lots to the denser residential lots proposed. The proposed density is 10 - 12 units per acre that would reflect up to a 50 - 200 unit increase from their larger acre lots which strikes him as a little out of character for the area. Evans noted the increased costs to the city for infrastructure improvements; the fact that the Lakeside/Somers schools are at capacity; and the potential for increased crime due to the density and affordable housing aspect. Evans said his wish would be that the density be decreased somewhat and the board consider the costs to the school district and city. Nix said he appreciates Dr. Evans concerns regarding density and potential crime in the area but the affordable housing will be targeted to policeman, fireman, school teachers, retail clerks and pretty much the broad fabric of our community. Just because they are looking forward to providing affordable housing doesn't equate necessarily to an increased crime rate. Nix reviewed the improvements that the developers will be responsible to pay and the increased cost to the city. However, they believe the cost impacts to the citizens of Kalispell will be minimal. Griffin referred to the letters from the school district and there was lengthy discussion regarding schools in this area. Nix noted they will have a better understanding of the school issues when they submit the actual plans for Siderius Commons. MOTION Griffin moved and Mendius seconded a motion to adopt staff report KGPA-08-01 as findings of fact and approve Resolution KGPA-08-01 amending the Kalispell Growth Policy 2020 for the Highway 93 South area. In addition the board recommends to the Kalispell City Council that amendments to the goals, policies and recommendations of the Highway 93 South Growth Policy Amendment, as proposed in Exhibit B attached to the staff report be adopted as an amendment to the Kalispell Growth Policy 2020. BOARD DISCUSSION Hull noted he is discouraged that there is not a full board in attendance because he personally feels that the amendment is premature and too broad. Hinchey said questions regarding density and other issues will be addressed at the time they have an actual plan in front of the board. Jentz said tonight the board is considering whether this area is suitable for light industrial and the associated impacts and to chart a course for the future. Further discussion was held. Kalispell City Planning Board Minutes of the meeting of September 9, 2008 Page 5 of 7 ROLL CALL The motion passed unanimously on a roll call vote. WHOLLY SURROUNDED A request by the City of Kalispell for initial zoning upon annexation ANNEXATIONS for six annexations of property wholly surrounded by the City. Griffin felt he should recuse himself because one of the pieces borders his property. Sorensen said, and the board agreed, it wasn't necessary since it is not his property that is subject to city zoning and under state ethics rules the board needs to have a quorum. If that board member is needed to vote it is entirely acceptable for him to do so. Griffin noted he wanted the public to be aware of the situation. Hinchey asked Griffin if he felt voting would pose a problem and Griffin said no. STAFF REPORT KA-08-06 P.J. Sorensen representing the Kalispell Planning Department reviewed staff report KA-08-06 for the board. Sorensen reported recently the County GIS office did an audit identifying county parcels that were wholly surrounded by the city limits. They identified 22 such areas which were broken down into 4 different categories. This is the first group of wholly surrounded properties before the board tonight to discuss initial zoning designations. The property owners were notified and have been involved in this process since late spring. Sorensen said the city council took steps, necessary under state statute, to follow the procedures of annexation of wholly surrounded areas of land, which is slightly different from the petitions to annex process. In addition, the city council has already acted on the annexations with an effective date in December to allow the public hearing process for the initial zoning. Sorensen reviewed the locations of the 6 parcels for the board and the initial zoning proposed for each parcel. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-08-06 as findings of fact and recommend to the Kalispell City Council that the initial zoning for these properties upon annexation be as follows: Area 2: P-1 (Public) Area 3: R-3 (Urban Single Family Residential) Area 4: R-3 (Urban Single Family Residential) Area 6: R-3 (Urban Single Family Residential) Area 7: R-3 (Urban Single Family Residential) Area 10: P-1 (Public) BOARD QUESTIONS None. APPLICANT/CONSULTANTS None. PUBLIC HEARING No one was present to speak and the public hearing was closed. MOTION Hull moved and Mendius seconded a motion to adopt staff report KA-08-06 as findings of fact and recommend to the Kalispell City Council that the initial zoning for these properties upon annexation Kalispell City Planning Board Minutes of the meeting of September 9, 2008 Page 6 of 7 C be as follows: Area 2: P-1 (Public) Area 3: R-3 (Urban Single Family Residential) Area 4: R-3 (Urban Single Family Residential) Area 6: R-3 (Urban Single Family Residential) Area 7: R-3 (Urban Single Family Residential) Area 10: P-1 (Public) BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: None. NEW BUSINESS: Jentz reminded the board of the work session on September 30, 2008 to discuss the Entrance Corridor Standards and the Kalispell West Growth Policy Amendment. Jentz noted staff is undergoing a complete review of the Kalispell City Zoning Ordinance and hopes to bring those amendments to the board by the end of the year. Next month the only item that will be scheduled for public hearing is the Gardner Annexation of 85 acres on the east side of Highway 93 South. Conrad noted the Siderius annexation will be scheduled for public hearing in probably December, after the city council has taken action on the growth policy amendment. ADJOURNMENT The meeting adjourned at approximately 8:40 p.m. NEXT WORK SESSION The next work session of the Kalispell City Planning Board and Zoning Commission is scheduled for September 30, 2008, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 1st Avenue East in Kalispell. NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for October 14, 2008, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. Joh Hinchey ichelle Anderson _.Vice President Recording Secretary APPROVED as bnaitte orrected: d 0 /-15�/08 Kalispell City Planning Board Minutes of the meeting of September 9, 2008 Page 7 of 7