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12-09-08KALISPELL CITY PLANNING BOARD & ZONING COMMISSION 0 MINUTES OF REGULAR MEETING DECEMBER- 9, 2008 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 and Troy Mendius. Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were 3 people in the audience. APPROVAL OF MINUTES Williamson moved and Hinchey seconded a motion to approve the minutes of the October 14, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. NEW VISTAS ASSISTED A request from New Vistas Assisted Living, LLC for LIVING, LLC ANNEXATION annexation and initial zoning of RA-1 (Low Density Residential Apartment) on a 10.2 acre site. The property is located on the south side of Three Mile Drive approximately 100 feet west of the intersection of Three Mile Drive and North Riding Road. STAFF REPORT KA-08-07 Sean Conrad representing the Kalispell Planning Department reviewed staff report KA-08-07 for the board. Conrad said before the planning board is an initial zoning request of RA-1 which is a Low Density Residential Apartment zoning district for an approximately 10.2 acre property seeking annexation into the city. Conrad reviewed the location of the property for the board. The RA-1 zoning is consistent with the surrounding zoning and consistent with the urban residential land use designation on the growth policy map. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08-07 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be RA-1, (Low Density Residential Apartment). BOARD QUESTIONS Hinchey said it looks like an odd -shaped piece of property and asked if that is because of the bypass and Conrad said partly because of the bypass and they swapped some land with MDT. Conrad further explained. Hull asked if the RA-1 zone allows assisted living and at what density? Conrad responded assisted living units would be allowed with a conditional use permit and therefore when the Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 1 of 7 actual proposal comes in it would have to be reviewed by this board. Conrad continued if the property was annexed into the city the current house could be made into a duplex and that is the extent of the permitted uses under the RA-1 zone. However when you get into the higher density such as multi- family or apartments a conditional use permit is required. Clark said it appears that any northbound traffic on the bypass would be cutting in front of that property with an off - ramp. Conrad said before the city gets the application for a conditional use permit the developer will have to talk to MDT regarding the separation that they will need. It may be that they would have to work with the neighboring property owner to get a shared access. It would be ideal if they could line up their access road with North Riding Road. Hinchey said he is concerned with noise because of the location of the bypass especially since the RA-1 property has the potential for multi -story units. APPLICANT/CONSULTANTS Narda Wilson, 184 Midway Drive, Columbia Falls stated she is representing New Vistas Assisted Living, LLC. They have been working with planning staff and the property owner on this site for close to 2 years now and they have looked at various options. The plans for this property, at least at this point, would be some type of assisted living facility that would include a mix of duplex units on the north side and the assisted living facility along the south portion of the site. Over the last couple of years they have been working with MDT to negotiate a land trade that swapped the southwest corner of this property with a portion of the northwest corner and therefore the bypass acquisition has been straightened out. With regard to access the actual frontage along Three Mile Drive is just about 60 feet. This is far enough from the exit of the bypass to get a 60 foot R/W along the east boundary of this property that would meander to the west. It would be ideal to negotiate a shared access with the property owner to the east to align this roadway with North Riding Road. However, at this point that property owner isn't willing to enter into discussions about a shared access. They have completed a noise mitigation study with Big Sky Acoustics out of Helena and they have come up with some alternatives for sound barriers that include berming, walling, and landscaping, none of which are very appealing and all of which are quite expensive. This property will come before the board again and at that time there will be more information available. They would also like to have a plan that would provide this development access to the bypass bike/pedestrian path. Wilson concluded by saying at this point the owners are simply looking at getting the property annexed with the Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 2 of 7 initial zoning so they can move forward with a viable project in the future. They would appreciate the planning board's adoption of the staff report and forwarding a recommendation to the Kalispell City Council for the RA-1 zoning. Clark asked about the discussions with the owners of tract 4C for a shared access and Wilson said that door has not been opened by them although New Vistas has attempted to contact them more than once. Wilson added perhaps when the economy improves they may be more approachable. Clark added without that it presents a problem and Wilson disagreed because there is enough frontage on Three Mile Drive to put in a 60 foot R/W. She continued that when 4C comes in they will be prepared to share that approach because 2 separate approaches wouldn't be allowed by MDT or the city. Schutt asked who owns tract 4E and Wilson said MDT owns that property because it was part of the land swap. Jentz noted the bypass will be recessed as it goes north and Three Mile Drive will go over the top of the bypass. Griffin noticed that this annexation would create an island surrounded on all sides by the county. Conrad said yes except on the north end but if you look at the larger view of the Three Mile Drive area it is rapidly being surrounded by the city. Jentz said taking it one step further if you actually zoomed out on the map you would see this property already sits within an island and is totally surrounded by the city. PUBLIC HEARING I No, one wished to speak and the public hearing was closed. MOTION Hinchey moved and Williamson seconded a motion to adopt staff report KA-08-07 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be RA-1, Low Density Residential Apartment. BOARD DISCUSSION Hull said when this area is developed, especially 4C & 4A the city should insist on the extension of Liberty Street either to the north or to the west and he hoped whoever designs this property will at least have a stub for that connection in the future. Griffin questioned that extension and Hull added this has been one of his big issues where there is virtually no connection between Two Mile, and Three Mile Drive for almost 2 miles. The city has allowed the properties to come in piece -meal and hasn't insisted on the grid system connections. Hull said they need to make sure that developers know that is something that will be asked for in the future. Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 3 of 7 __ ROLL CALL I The motion passed unanimously on a roll call vote. ENTRANCE CORRIDOR A request by the City of Kalispell to amend Section STANDARDS TEXT 27.22.010 of the Kalispell Zoning Ordinance. The AMENDMENT - KALISPELL amendment would create entrance corridor standards ZONING ORDINANCE which are intended to protect and enhance the highway entrance corridors to the Kalispell community. STAFF REPORT KZTA-08-02 I Sean Conrad representing the Kalispell Planning Department reviewed staff report KZTA-08-02 for the board. Conrad briefly reviewed the draft entrance corridor standards with emphasis on the proposed buffer widths for the major corridors leading into Kalispell. The proposed buffer distances were reviewed by the Architectural Review Committee who took a hard look at the purpose of the buffers; acknowledging the existing land uses; and the intent of what the growth policy had designated for the type of growth appropriate in the city for these areas. Conrad provided the following examples: Mini storage is not prohibited in the entrance corridor standards but if they want to have mini storage along one of the corridors they must provide landscaping and berming to dress up the side of the building facing the entrance corridor. Highway 93 South and Kelly Road is a good example of what the staff is trying to achieve where there is a nice landscaped area which provides a more visual presence of the building instead of the parking lot and the cars separating the building from the entrance corridor. Limit rock from the landscaping scheme, except accent rocks, and getting away from rock in the boulevards. As properties are annexed into the city (Gardner's for example) the entrance corridor standards really wouldn't affect them immediately.. It is only when these properties request an expansion of their current use or building and then they would be required to install landscaping, a bike trail, etc., which would "clean up". the entrance. Billboards are mentioned in the entrance corridor standards. As properties come in to the city with billboards there would be a 5 year maximum, at which time the owners would have to remove the billboards along their property. Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 4 of 7 Conrad provided examples of development in the city which are close to what the entrance corridor standards support. He noted there was discussion at a work session regarding the effect of the entrance corridor standards on existing buildings. Conrad provided an example where the building is 20 feet from the property line and the entrance corridor standards would place a 40 foot buffer area over this property. Then if the property owner wants to expand he could expand the building at the 20 foot setback and would not have to jog the building back to meet the 40 foot buffer. For smaller sized lots that might be impacted by the standards, if the buffer area width exceeds 25% of the lot length, the buffer depth would be reduced by 50% so as not to impede the property owner from the full use of his property. Conrad added they want to work with the property owner to enhance the corridor but not prohibit business or further development from occurring. Where Conrad could see this occurring is on Highway 2 East where the train tracks run behind the lots and the result is some very narrow lots. The minimum entrance corridor buffer width proposed for that area is 40 feet and the setback for buildings would be 20 feet if the property was zoned B-2 upon annexation. The entrance corridor standard buffer in this case would then be 20 feet. For new construction the building would have to meet the setbacks or the owner could apply for a variance if the lot was too small to meet the setback. Hinchey asked how the lot length was defined and Conrad explained. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZTA-08-02 as findings of fact and recommend to the Kalispell City Council that the proposed entrance corridor standards be adopted as shown on Exhibit A attached to the staff report and included in the Kalispell Zoning Ordinance. BOARD DISCUSSION None. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Williamson moved and Griffin seconded a motion to adopt staff report KZTA-08-02 as findings of fact and recommend to the Kalispell City Council that that the proposed entrance corridor standards be adopted as shown on Exhibit A attached to the staff report and included in the Kalispell Zoning Ordinance. BOARD DISCUSSION Clark voiced his concern regarding the lack of ,attendance by the public because he feels the standards constitute a taking of property and he doesn't think the public realizes Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 5 of 7 the impact that would have on their property. Jentz stated the proposed entrance corridor standards have been posted on our website for quite some time, the planning board has had 2 work sessions, the Architectural Review Committee spent a significant amount of time reviewing the standards, the public hearing was advertised in the newspaper, posted on the website and on the city's notice boards, and Citizens for a Better Flathead has been monitoring the process. In addition, the city council will be holding a work session on the standards prior to holding their public meeting. However, Jentz added the board could consider continuing the public hearing for 30 days and directing staff to increase the public notification. There is no rush to push these standards through. Clark said he is not against the standards but his concern is the lack of public participation. Jentz said the highway corridor has been addressed in the review process for all of the significant projects that have been approved in the last few years, including Silverbrook, Glacier Town Center, Valley Ranch, Siderius Commons and the Gardner proposal. Each one of these projects will include a significant setback along the highway. He added any future projects that will be coming in have been or will be informed of the city's requirements in relation to the entrance corridor buffer. Clark added he is more concerned about the affect on the small property owners. Williamson asked if there has been any effort to contact individual property owners and Jentz said they didn't consider a mass mailing but the question would be how far out do you go. MOTION TO CONTINUE Clark moved to continue the comment period for the entrance corridor standards for 30 days however, the motion failed due to a lack of a second. ROLL CALL The original motion passed on a roll call vote of 5 in favor and 2 opposed. OLD BUSINESS: None. NEW BUSINESS: Jentz noted there will not be a work session scheduled for the 4th Tuesday of this month. Conrad reported applications have been received for a conditional use permit to operate a Yoga - Jiu Jitsu School on 1st Avenue East in downtown and the annexation & initial zoning for Siderius Commons. These items will be scheduled for the January 13, 2009 planning board meeting. Jentz stated the other item that may come before the board Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 6 of 7 is the Kalispell West Growth Policy Amendment, however that may not be scheduled until February. ADJOURNMENT The meeting adjourned at approximately 8:00 p.m. WORK SESSION Immediately following the regular meeting a work session was held on the following items: 1. Kalispell West Growth Policy Amendment 2. Zoning Regulations Update NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 13, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. � p Bryan H. Schutt President Michelle Anderson Recording Secretary APPROVED as submitted/corrected: // /3 /09 Kalispell City Planning Board Minutes of the meeting of December 9, 2008 Page 7 of 7