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03-14-06KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 14, 2006 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: Timothy Norton, Bryan Schutt, John Hinchey, Bob Albert, and Rick Hull. George Taylor and Kari Gabriel were absent. Tom Jentz, Sean Conrad and P.J. Sorensen represented the Kalispell Planning Department & Fred Lestiko, City Airport Manager represented the Kalispell City Airport Affected Area Board. There were approximately 8 people. in the audience. APPROVAL OF MINUTES Schutt moved and Hull seconded to approve the minutes of the February 14, 2006 regular planning board meeting, with the following amendment: "Hull noted that nearby Muskrat Slough holds water from the surrounding area which has flooded in the past during wet years. A drain was installed which seems to have taken care of the problems but he added the drain slough is closely monitored by the neighbors and they will not allow anything to be done to the area near the drain. Hull said that the slough has become a nice natural feature." The motion passed unanimously on a roll call vote. HEAR THE PUBLIC Don Hines, 2400 Highway 93 South, and representing the Flathead County Planning Board noted that he wanted to bring forth information that the Kalispell City Planning Board may feel is pertinent to their growth discussions. He noted that on the County's agenda last week there was a text amendment that was tabled on a 4-3 vote. Hines added that they appreciated the concerns that were voiced by the City Planning Board members before and during the meeting. Hines said that the Flathead County Planning Board will be meeting with the Kalispell City Planning Board on March 22, 2006 from 6:00 p.m. to 9:00 p.m. to discuss growth issues including the timeline for the Riverdale Text Amendment. In addition, they plan to discuss Cooper Farms located near the junction of Highway 93 and Highway 82. Hines noted that he was interested in the agenda items this evening and that he planned to stay and hear what is discussed. Hines said that although he will be gone for the next Kalispell City Planning Board meeting on April 11th, another representative of their board will be in attendance. Norton said that the Kalispell City Planning Board appreciates the continued cooperation with the Flathead County Planning Board on these projects. No one else wished to Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 1 of 8 PRELIMINARY PLAT - A request by Paul and Mary Husted for preliminary plat RESUBDIVISION OF LOT 7A approval of a two lot subdivision called the Re -subdivision of OF LOT 7 OF WESTERN Lot 7A of Lot 7 of Western Acres. The site is located at 1515 ACRES Western Drive in the southwestern corner of Kalispell. STAFF REPORT KPP-06-01 Sean Conrad, representing the Kalispell Planning Department presented Staff Report KPP-06-01 for the Board. Conrad noted the current zoning for this property and the surrounding properties. Currently the parking for the single family residence is provided by the detached garage, and the property owner's park in the rear of the property off of Western Drive. The proposed subdivision would divide the lot whereby the single family residence would be on proposed lot 2 and the detached garage would be on proposed lot 1. Conrad noted that on page 4 of the staff report for compliance with the zoning regulations it would require that 2 off-street parking spaces be provided for a single family residence. Clearly if the subdivision is approved there is no off-street parking for the existing residence. Condition #5 would require the property owners to install not only a driveway but also 2 off-street parking spaces for the existing single family residence on proposed lot 2. Conrad said that currently 7th Avenue West is not built to city urban standards. He noted that Condition #2 would require the property owners to waive the right to protest creation of a SID should the city council require the upgrade of 7rh Avenue West to city standards. Staff is recommending that the Planning Board adopt Staff Report KPP-06-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to 7 conditions, noted in the staff report. QUESTIONS BY THE Hull asked who owns Western Drive. Conrad noted that it is BOARD a private roadway and is privately maintained. APPLICANT/AGENCIES Beau Mathiason, Montana Mapping, Inc. noted that he was available for questions., Mathiason said that through the preliminary work there may have been an intent to tear down the existing garage but he doesn't show it mentioned in the conditions. Norton said that the board would ask staff. Norton asked if access is off of 7+h Avenue West or Western Drive and Mathiason said access is off of Western Drive. PUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION Schutt moved and Hinchey seconded a motion to adopt Staff Report KPP-06-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 2 of 8 �j subject to 7 conditions, noted in the staff report. BOARD DISCUSSION Schutt asked for clarification on access. Conrad said that access is from Western Drive to the detached garage, which will be on proposed lot 1. Condition #5 would require that a driveway access and 2 parking spaces be provided on proposed lot 2 which has the existing single family residence on it. Conrad added that once they split it off there will be no off-street parking provided for the single family residence on proposed lot 2. Schutt said then there will be a driveway from both sides - from Western Drive to lot 2 and from 7+h Avenue West for lot 1. Conrad said yes. Schutt asked if there were any other curb cuts down the length of 7+h Avenue West. Conrad said not in the immediate vicinity of this property but farther north there are some curb cuts for lots on both the east and west side of the street. Norton asked if the removal of the garage was a condition and Conrad said no. ROLL CALL The motion passed unanimously on a roll call vote. RED LION HOTELS LMT A request by Red Lion Hotels Limited Partnership & GVD PARTNERSHIP & GVD Commercial Properties, Inc. to amend Section 27.24.080 (2) of COMMERCIAL the Kalispell Zoning Ordinance Sign Code. The amendment PROPERTIES, INC. TEXT is intended to give relief to the definition of wall signs that AMENDMENT are placed on larger buildings (in excess of 200 feet of frontage) which have undulating (varied wall) architecture which is typical with larger fagade buildings where wall faces are varied in relief to provide better architecture. STAFF REPORT KZTA-06- P. J. Sorensen, representing the Kalispell Planning 01 Department presented Staff Report KZTA-06-01 for the Board. Sorensen noted that this text amendment is relating to the definition of wall signs. There has been a lot of work done at the Red Lion and they have put together a comprehensive sign package, which has been reviewed by council and site review, and everyone is comfortable with it. Sorensen continued that as part of that the definition of a wall sign is that it has to be parallel and it cannot extend out more than 12 inches. The south face of the mall wall undulates and there are certain points that the wall sign will be sticking out as much -as 8 feet. The applicant is proposing a straight sign that would touch at certain points but not the entire length of the sign. To rectify that quirk of the definition what the applicant is proposing is that the sign ordinance be amended as follows: Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 3 of 8 "On buildings with a frontage of 200 feet or more and undulating architecture, signs which are attached to all or a portion of the wall of the building are not subject to the 12 inch or less extension requirements provided the signs are parallel to the linear face of the building attached to all or a portion of the building wall at its outermost points. Staff is recommending' some minor amendments to the proposed language as follows: "On buildings with a building frontage of 200 feet or more along a single street and undulating architecture, signs which are attached to all or a portion of the wall of the building are not subject to the 12 inch or less extension requirements provided the signs are parallel to the linear face of the building and , attached to all or a portion of the building wall at its outermost points, and comply with all other provisions related to wall signage." Staff is recommending that th Report KZTA-06-01 as findings Kalispell City Council t 27.24.080(2)(d), with changes noted above. Planning Board adopt Staff of fact and recommend to the ze approval of Section to the proposed language as QUESTIONS BY THE Hinchey asked how far the sign actually sticks out from BOARD other parts of the building. Sorensen responded some areas vary as much as 8 feet at some of the entrances but several feet on average. Norton reminded the board that they are not just talking about this individual project but amending the Kalispell Zoning Ordinance as a whole. Norton asked Jentz that even though Red Lion Hotels is the petitioner and they are asking for a change in the ordinance is it proper to ask them for their take on their particular project. Jentz said yes, they are the petitioner and at this moment they are ones who have the most interest in the text amendment. Jentz added that next month, 5 months, or a year from now it could come up again in another situation. APPLICANT/AGENCIES Tom Maier, representing Red Lion Hotels Limited Partnership 8s GVD Commercial Properties, Inc. - 20 North Main Street, Kalispell, Montana said that they have been working closely with the staff, which has been a complicated issue but they feel that they found the right spot for it, and he appreciates the opportunity to explain where they are coming from on this request. Maier described the Red Lion revitalization project of the hotel and retail of the mall site for the Board. Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 4 of 8 O They feel that they need to properly sign the facility and they need to attract tenants. who feel that they are adequately represented in signage. Therefore they have complied a comprehensive signage plan. This particular text amendment helps clear ambiguity in the language as it speaks to undulating buildings. Maier said that along with that the exterior architecture is being addressed with rock, wainscoting, and timber trusses that are part of the structure. It is very important for them to present the project in a competitive manner in the current marketplace and they feel that the announcement of the performing arts center to the north of their project will be another strong point to the revitalization of the project and should serve as a good economic stimulus for downtown Kalispell. Norton said that the color renderings are nice and attractive and he thinks that the revitalization of the project to update is a good plan. PUBLIC HEARING I No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Schutt seconded a motion to adopt Staff Report KZTA-06-01 as findings of fact and recommend to the Kalispell City Council that addition of Section 27.24.080(2)(d) as noted above be approved. BOARD DISCUSSION Schutt noted that he has no objection to this change in wording for this project. He added that part of what they need to do as a Board is to make sure that they are not setting themselves up for different interpretations. Schutt used an example of a pizza cut building and the potential of having a separation of 50 to 80 feet. Sorensen said that they looked at the same kind of example and some of the same justifications could be made there. Sorensen noted that conditions could be added to the request, but staff didn't want to open this up for any size building and that is why the 200 foot language was included. There is nothing magical about 200 feet and the board could adjust that number up or down, and could limit the length that the sign could run without being attached to the building. Schutt thought it wasn't just a sign but an architectural feature and the city has taken steps to encourage more architectural standards and creativity in the community and if you create a disincentive to do undulating architecture it runs counter to other standards. Norton said that he agrees with Schutt. Although the proposed wording is ambiguous he can't offer any other wording which he thinks would be clearer. Schutt said that something that is crucial is the portion that states "parallel with the linear face of the building." Norton said what he sees wrong with the language is even though it would be Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 5 of 8 LJ parallel to the building, they are getting rid of the not subject to the 12 inches or less extension requirements. Further discussion was held. ROLL CALL The motion passed unanimously on a roll call vote. CITY AIRPORT AFFECTED A request by the Kalispell City Airport Affected Area Board on AREA ORDINANCE behalf of the City of Kalispell and the Flathead County Commissioners to adopt a set of regulations entitled the Kalispell City Airport Affected Area Ordinance. The purpose of the ordinance is to protect the airspace around the city airport (10,000 feet from either end of the runway and one mile wide on each side) by regulating the height of structures and objects of natural growth in this area. By way of example, on those lands outside of the city owned airport property, the primary structures of height concern will be towers (cell towers, elevated water towers, TV and radio transmission towers) which tend to impact air travel corridors. The ordinance is also intended to serve notice to the general public that an airport is operating within this zone and upon adoption all sales of real property within the airport affected area shall be accompanied with notice to the buyer of the incidence of noise, fumes, vibration, light and other effects from normal and anticipated airport operations. STAFF REPORT Fred Lestiko, Kalispell City Airport Manager and Chairman of the Airport Affected Area Board, presented the report to the planning board. BOARD DISCUSSION Hull asked if the alignment of the runway is current or proposed. Lestiko responded that Exhibit B-1 covers both. Hull asked if any trees were going to be affected by the ordinance.. Lestiko said none that they know of — it is more for the future protection of the airport. Hull asked about cell towers and the Cenex elevators. Lestiko said that they have to meet Part 77 of the Federal Air Regulations. Lestiko said if there are any conflicts in the regulations the more stringent one will apply. Hull asked how this will affect the proposed Hilton hotel. Lestiko said that the hotel developers already have the draft ordinance and are taking it into consideration. Jentz noted that the hotel is proposing 4 stories and they are aware of the impacts. Jentz added that it may have a minor impact on a miniscule part of the proposed hotel at this point. Hull asked if corporate jets are proposed for this airport and Lestiko said that the airport will not be equipped to accommodate corporate jets. Hinchey asked and Lestiko explained the elevations of the Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 6 of 8 airport which includes the critical, transition, approach, and primary zones. Norton asked and Lestiko said that this is a general aviation airport not a commercial one. It is not designed for commercial traffic. Albert asked if there were future plans to extend over 5,000 feet and Lestiko said no the ultimate build out is 4700 feet. Norton asked how many properties in this affected area exceed the restrictions and Lestiko said that he didn't know at this time. This ordinance is to plan for future construction and towers. Lestiko added that existing towers will have to be dealt with and that is covered in the ordinance. Lestiko said that the ordinance also addresses the real estate notification that will be required. Norton questioned how that will be enforced - a statement on the deed. Lestiko said that he met with a representative of the Northwest Montana Association of Realtors who suggested that the property owners be notified at the purchase closing meeting and it would show up on the title. Norton stated that the board would have to assume that they are doing their job in notifying the property buyers. Hull asked if a city Fire Station would be allowed under this ordinance. Lestiko said yes as long as the facility meets the height restrictions of the ordinance and zoning. There was further discussion regarding a future fire station south of Kalispell, and whether or not it would be equipped to respond to aircraft/airport related emergencies. Albert asked if the access road to the south is going to be affected. Lestiko said the road will be eliminated. The road is actually the Evergreen Sewer line easement to the City's Sewage Treatment Facility. Norton asked if the sewer line is going to have to be relocated . or modified to handle the runway and Lestiko said no. PUBLIC HEARING I No one wishing to speak the public hearing was closed. MOTION Schutt moved and Albert seconded to adopt the draft of the Airport Affected Area Ordinance and recommend approval to the Kalispell City Council. BOARD DISCUSSION Hull said that he lives underneath the flight path of this airport and it has not caused him any trouble. Hull understands that Red Eagle will be moving to the south end of the airport and he asked if there are any requirements that when the winds are calm they should take off to the south. Lestiko said that take off and landing is at the pilot's discretion at the airport since there is no control tower. There are small signs at the end of the runway that the no wind preferred runway is 1-3 going south. Lestiko said that Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 7 of 8 in a no wind situation they encourage departures from the south and arrivals from the south. Lestiko noted that they have to be careful because they don't want to be directing traffic. ROLL CALL The motion was approved unanimously on a roll call vote. OLD BUSINESS: Jentz noted that the Joint City/County Planning Board meeting will be held on March 22, 2006 from 6:00 p.m. to 9:00 p.m. in the Earl Bennett Building. NEW BUSINESS: None. ADJOURNMENT The meeting was adjourned at approximately 8:15 p.m. After the meeting a work session on the Kalispell North Growth Policy Amendment was held. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, April 11, 2006. Tim Nort Michelle Anderson �l Vice President Recording Secretary APPROVED as submitted/corrected: / / // /06 Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page 8 of 8