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09-11-07KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 11, 2007 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: Bryan Schutt, and Robyn Balcom, Rick Hull, Jim Williamson and C.M. (Butch) Clark. John Hinchey was absent Kari Gabriel took her seat at 7:08 p.m. Sean Conrad represented the Kalispell Planning Department. There were approximately 10 people in the audience. APPROVAL OF MINUTES Williamson moved and Balcom seconded a motion to approve the minutes of July 10, 2007, with the following amendments: On the roll call vote for Ashley Heights annexation and preliminary plat amend the vote as follows: The motion passed on a roll call vote of 6 in favor and one abstention (Williamson). ROLL CALL The motion passed unanimously on a roll call vote. HEAR THE PUBLIC None. SEVENTH DAY ADVENTIST A request by the Seventh Day Adventist Church for a CHURCH - COMMUNITY conditional use permit to allow the expansion of a non - CENTER - CONDITIONAL conforming use located at 494 Ninth Ave EN. The applicants USE PERMIT propose to expand the existing 2,200 square foot community service center by adding three 8'x40' steel storage containers providing an additional 960 square feet of storage capacity for the center. The property is located on the west side of Ninth Ave EN, north of Oregon Street. STAFF REPORT KCU-07-05 Sean Conrad representing the Kalispell Planning Department presented Staff Report KCU-07-05 for the Board. Conrad oriented the board to the location of the conditional use permit request. Conrad noted that both the planning board and city council reviewed a conditional use permit from the 7th Day Adventist Church back in 2005 for an expansion of their existing community services facility. Back then the permit they received approval for allowed for the expansion of the actual building itself by about 1100 square feet. However, . they never got through the expansion phase because the fire flows from a nearby fire hydrant are not sufficient to accommodate the kind of commercial use on the property, and they could not afford to upgrade the water flow in the area. Now they are proposing locating 3 storage containers on the property to provide storage for the community services Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 1 of 8 �l center. Conrad indicated the location of the containers for the board. The parking area adjacent to the center and containers will be paved. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-07-5 and recommend to the Kalispell City Council that the conditional use permit to allow the expansion of the 7th Day Adventist Community Service Center be granted subject to the 8 conditions listed in the staff report. Conrad noted the conditior department's request that the permanent foundations; and recommendations which are ba: flow is insufficient in this area. that the containers are reviewed Committee and that screening around the containers. s address the building containers be placed on the fire department's ed on the fact that the fire Condition 7 would require by the Architectural Review or landscaping be placed One comment letter was received from an adjacent property owner who was in favor of the storage containers and felt they would prevent the need for items to be stored outside and prevent people from rummaging through the items. Conrad noted the numbering of the conditions was not correct and the second #4 should be condition #6. BOARD DISCUSSION Hull asked about the 18 month limit on the conditional use permit and if it was 18 months to start work and Conrad said it was. Hull noted the letter from the fire department referred to other options and Conrad said the other options would include improve the fire flow that would involve upsizing the water main and/or loop the main from 8+h Avenue EN through another property which would be expensive. Schutt asked if the fire flow issue was related to providing a sprinkler system in the building or strictly water flows at that hydrant and Conrad said water flows at that hydrant. The property would be categorized as a retail establishment and based on the square footage they have a minimum fire flow of 1500 gallons per minute and the hydrant currently is around 930-975 gallons per minute. Williamson asked what the fire flow is for residential and Conrad said 1,000 gallons per minute. Williamson noted that currently the fire flow isn't even sufficient for residential property. Clark asked if any of the neighbors have objected and Conrad said not to his knowledge. Gabriel asked if there is substandard flow on the hydrant in Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 2 of 8 a residential neighborhood, is that on a list to be upgraded by the city. Conrad said that the fire department is aware of the insufficient flow but he doesn't know if it is on a capital improvements list to be upgraded. APPLICANT/TECHNICAL Chare Largent - 2484 Highway 2 West stated they operate STAFF the Community Center and give away clothing, household items and furniture to people who need them. They are open one day a week on Tuesdays and when they first started out they were servicing 30 families a day and they are now servicing about 100 families and need additional room for storage. In addition Largent said they intend to eliminate some current storage areas and hope to use the center to assist the clients instead of using the facility for storage. Schutt asked if the upgrade to the water main was seriously explored by the church and what the costs were. Largent said it was seriously explored but would have cost $30,000.00 for the water main, which prevented them from expanding thefacility because the building wasn't worth putting that kind of money into it. The containers are much cheaper and are fire proof and they will be placed on foundations according to the city's specifications. PUBLIC HEARING Michael Blend, 104 West Bluegrass stated he has been assisting with this project. The community service center has been around since the 1960's, built on that site for that purpose. The facility is a great service to the community. Allowing the containers will allow the church to be able to use it for many years to come. In terms of the condition that it would be built in substantial compliance with the site plan Blend noted that it would have to vary from the site plan presented in order to comply with the fire department's setbacks. Trixie Neugebauer, Director of Activities addressed the condition that would require landscaping and/or fencing to screen the containers from properties to the north and west. She noted the west side of the property is currently listed as an alley and there are utility companies that use their property to access that alley. The portion that opens to Oregon has some trees and is also being used as a parking spot for the people who live next to the alley. Neugebauer asked that the portion of the condition that refers to landscaping and/or fencing on the western boundary be removed. BOARD DISCUSSION Clark asked if the landscaping/fencing condition was removed would it impact anyone. Conrad said the point of the condition was for a vegetative visual screen and added it would not extend along the entire western property boundary, just along the area where the containers would be Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 3 of 8 C) O located. The intent of the condition was not to block the entire access to the alley, but screen the containers from the surrounding properties. Neubebauer stated she still didn't understand the need for the screening and further discussion was held. MOTION Clark moved and Gabriel seconded a motion to recommend to the Kalispell City Council that the conditional use permit to allow the placement of 3 storage container near the 7+h Day Adventist Community Service Center be granted subject to the 8 conditions listed in the staff report. BOARD DISCUSSION Schutt asked for clarification on the description of the proposed landscaping. Conrad said the city does not have a landscaping ordinance for commercial or industrial properties. However, staff felt the screening was important to adequately screen the containers from the other properties. He wanted to allow the church flexibility to come in and propose landscaping/screening that would work for them, and would be reviewed by the Architectural Review Committee. Hull said he thought the screening is important because they are containers and Schutt agreed. ROLL CALL The motion passed unanimously on a roll call vote. CITY OF KALISPELL - A city initiated amendment of the Kalispell Growth Policy GROWTH POLICY Future Land Use map for approximately 116 acres of land AMENDMENT generally lying north of Foys Lake Road and westerly and southerly of the BNSF railroad R/R just west of South Meridian Road. The acreage encompasses the area generally referred to as the Old O'Neil Lumber Mill and is bisected by Ashley Creek. The 116 acres of land is currently designated industrial on the Kalispell Growth Policy Future Land Use map. The city initiated growth policy amendment would recommend changing the industrial land use designation to suburban residential (allowing up to 4 residential units per gross acre) for that area located south of Ashley Creek and a combination of Urban Mixed Use (residential, office and limited retail) and High Density Residential (8-40 residential units per gross acre) for the land north of Ashley Creek. STAFF REPORT Sean Conrad representing the Kalispell Planning Department KGPA-07-04 presented Staff Report KGPA-07-04 for the Board. Conrad stated before the planning board is a growth policy amendment for approximately 116 acres and he oriented the board to the location of the amendment. This amendment includes part of the Willow Creek project that the board reviewed for a growth policy amendment and recommended changing a portion from Industrial to Suburban Residential Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 4 of 8 0 and tabled the remaining portion. The Kalispell City Council subsequently denied the growth policy amendment from Industrial to Suburban Residential. However, at a work session following that decision city council decided that an industrial land use designation in that area really wasn't appropriate and directed staff to review the 116 acre site again and provide a recommendation to the planning board on the appropriate land use designation. Conrad said staff is recommending a combination of 3 different land use designations for the 116 acre site. Along the south part of Ashley Creek staff is recommending Suburban Residential to blend in with existing Suburban Residential land use designations in the area of Foys Lake Road; north of Ashley Creek staff is recommending a combination of Urban Mixed Use which you could expect accommodation of residential but also professional offices; and on the western boundary of the 116 acre site they are proposing a High Density land use designation geared more toward apartment/condominium type buildings. Therefore staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-07-5 and recommend to the Kalispell City Council that the growth policy land use designation on the 116 acre site be changed from Industrial to Suburban Residential, Urban Mixed Use and High Density Residential on the Kalispell Growth Policy Future Land Use Map. Conrad noted that the board is looking only at the growth policy amendment and land use designation and not an individual project. Schutt asked where the access would be for the high density residential proposed and Conrad said access would primarily be through a new road to the north. Schutt agreed high density was appropriate close to services and infrastructure but noted staff had already received a letter from Peterson school stating they were at or near capacity. Conrad said yes Peterson School has stated they are full but the school district could decide to expand Peterson School or construct another school within the area. Williamson asked what, if any, formal studies have been done, such as 'a Phase 1 Environmental Site Assessment, to characterize the history and hazards within the industrial areas. Conrad said the owner is excavating the areas of sawdust and refilling those areas with clean dirt to .allow for development. But as far as industrial type waste he did not know. Conrad added the owner is in attendance and could possibly provide that information. Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 5 of 8 0 Jentz said historically the site was a lumber mill with sawdust, wood chips and scraps but no treatment or other activities have occurred on the site that staff is aware of. The sawdust was stockpiled for a long time and it is being moved off -site now. The sawdust is not considered a hazard but an issue that needs to be dealt with because the site would have no foundation or bearing capacity. Hull asked why there are areas designated as industrial that are not included in the amendment. Conrad said some areas were not included because dealing with multiple property owners would delay the process. Conrad did add that those properties excluded from this amendment will be considered at the time the board resumes their discussions of the West Kalispell Growth Policy Amendment. Gabriel asked if the owner of this property has any objections to this amendment. Conrad noted the owner is present and can address that question. PUBLIC HEARING Julie Robinson, 955 Foys Lake Road stated she appreciates the board's consideration of the potential problems that the sawdust dumping piles might present and hopefully testing will be conducted for potential hazardous materials. Robinson also noted the board's consideration of the school problems especially with the proposal for a high density residential designation. Robinson said that she understands that when this property is developed it would be under City sewer and water, the stormwater would be permanently sequestered and not released, and she asked that the board keep in mind the residents' concerns about leveling of the hill. She is not thrilled with this proposal but she thinks it is appropriate provided the area proposed for suburban residential remains suburban residential and is not a springboard to higher density. The suburban residential designation would be an acceptable compromise. Jennifer Hull, 436 5th Avenue West asked for clarification on the location of the bike path. Jentz responded. Hubert Turner, 1053 Stillwater Road stated that his father is the owner of this property. Turner said they have no objections to the growth policy amendment. Turner noted there is significant wood contamination on the site and they are working diligently to clean it up. An EPA Phase 1 & Phase 2 Study was conducted on this site and it has been granted a clean bill of health by the Department of Environmental Quality. In addition, MDT has done an extensive environmental study in the bypass corridor and, although Mr. Turner has not had an opportunity to review the study, he understands that MDT drilled 27 test holes and they found no contamination. Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 6 of 8 O MOTION Clark moved and Gabriel seconded a motion to adopt staff report KGPA-07-4 and recommend to the Kalispell City Council that the growth policy land use designation on the 116 acre site be changed from Industrial to Suburban Residential, Urban Mixed Use and High Density Residential on the Kalispell Growth Policy Future Land Use Map. BOARD DISCUSSION Williamson said he supports the planning aspects of this amendment and is pleased that the extensive testing has been completed and the studies will be an asset in discussing future concerns. It also shows the responsible intent of the developer. Schutt said he is in favor of the growth policy amendments however, for him it is the details that either make or break a particular project. Hull asked for the density of a suburban residential designation and Conrad responded up to 4 dwelling units per acre. Schutt said approximately an R-3 zone. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: Jentz noted the letters of support that were signed by the Planning Board President regarding the Federal Forest Legacy Grant and the Rivers, Trails and Conservation Assistance Program - Master Trails Plan. These letters would assist in providing a significant trail system from Foys Lake all the way up to Blacktail Mountain. NEW BUSINESS: Hull asked that staff arrange a work session with the planning board and Mark Deleray from Fish, Wildlife 8v Parks to discuss setbacks from streams. Conrad said that staff has talked with Mr. Deleray regarding setbacks from streams and Deleray is willing to participate in those discussions with both the planning board and city council. Staff agreed to set up the meeting. Jentz noted the applications that have been received are Glacier Town Center (with a work session in October and tentatively scheduled for public hearing at the November 13th planning board meeting), Trumbull Creek (no indication presently of when this project will go to public hearing), and revisions to Willow Creek (tentatively scheduled for a special meeting of the planning board on October 23rd). The October 9+h planning board meeting has the following projects scheduled for public hearings: Meadowlark Montessori School, Northland Subdivision, Phase 4, and text amendments to the Kalispell Zoning Ordinance regarding Off -Street Parking, and Planned Unit Developments. Jentz reminded the board that they had discussed having 2 meetings per month, a regular meeting and a work session Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 7 of 8 for October, November, January, & February and additional months if needed. ADJOURNMENT I The meeting adjourned at approximately 8:00 p.m. A work session was held to discuss proposed amendments to the Planned Unit Development 8s Parking Standards. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on October 9, 2007 at 7:00 p.m. A special meeting may be scheduled on October 23, 2007 to discusvisions to the Willow Creek project. Bryan H. Schutt Michelle Anderson President Recording Secretary APPROVED as bmitte / corrected: / 07 Kalispell City Planning Board Minutes of the meeting of September 11, 2007 Page 8 of 8