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07-12-05KALISPELL CITY PLANNING BOARD & ZONING COMMISSION, MINUTES OF REGULAR MEETING JULY 12, 2005 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: George Taylor, Timothy Norton, John Hinchey, Bob Albert, Rich Hull, Kari Gabriel and Bryan Schutt. Narda Wilson represented the Kalispell Planning Department. There were approximately 17 people in the audience. ELECTION OF OFFICERS Hinchey moved and Gabriel seconded to nominate George Taylor to serve as President of the Kalispell City Planning Board for another year. The motion passed unanimously on a roll call vote. Hull moved and Hinchey seconded to nominate Timothy Norton to serve as Vice -President of the Kalispell City Planning Board for another year. The motion passed unanimously on a roll call vote. Taylor thanked the board but said he considers it an honor to serve in this capacity and is pleased to serve another year. Taylor added he would like to give someone else the opportunity to serve as president next year. APPROVAL OF MINUTES Taylor moved and Schutt seconded to approve the minutes of the June 14, 2005 regular planning board meeting. The motion passed unanimously on a roll call vote. Taylor moved and Hinchey seconded to approve the minutes of the June 21, 2005 special planning board meeting. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC Comments Re: Westwood PUD & Preliminary Plat Bill Rice, 155 East Nicklaus, Kalispell stated that Westwood was brought before the board on June 21st where it was tabled with the hopes of meeting with the neighborhood to address some of the issues that were brought up which were groundwater, floodplain, the separation between Greenbriar and Westwood Subdivision, and density. A neighborhood meeting was held at one of the residences in Greenbriar Subdivision and Rice felt that these issues were resolved and the meeting went well. Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 1 of 16 Rice mentioned the board's request that an easement be obtained for a through road from Two Mile to Corporate Drive. Rice said that you have to look hard at the reasoning for such a request and if it would meet the need that it was intended for by its existence. There is no possibility for development to the south of this project that would need access to Two Mile Drive with the access already there on to the proposed Bypass and the Highway 2 access. Running a through road there through a quiet neighborhood would need to be studied further before a recommendation should be made. Toby Macintosh with Jackola Engineering reviewed the stormwater plans for Westwood and its relation to the Greenbriar subdivision. NTL Engineering did some test pits and findings showed that the shallowest the groundwater was is 9 feet below the surface. They concluded that a lot of the standing water and water in the basements was due to surface water in the area and the impermeability of prevalent clay soil. The groundwater appears to be well below the surface and it was not as big a concern as they thought it would be. Jay Billmayer, Billmayer Engineering, said that he was called to assist primarily due to the .concerns raised over floodplain. Billmayer reviewed the projects and modeling that his firm has been involved with in this area. Billmayer noted that these studies are all applicable to this project because the flood elevation is the same. He said that the problem out to the south is the highway, culvert is 60 inches and is grossly undersized for the Spring Creek 100 year flood event. Water stacks up at the culvert and creates a backwater that flows on up to Two Mile Drive. Billmayer stated the location of the proposed emergency roadway access has a 48 inch culvert in it. The flood study was conducted with that culvert in place. The water is stacking to where it nearly tops the Highway 2 grade which flows east down the intersection in front of Eisinger's and eventually works its way past Albertson's and rejoins further down the street. One of the concepts was to raise this roadway to where it was 2 feet above the floodplain. The concern is in order for that flood flow to pass through that area and through that 48 inch culvert it also flows over the roadway at well over 2 feet deep, so if the roadway is raised it would create a dam with water backing up and would create new flood elevations. This whole area is basically a backwater caused by the culvert at the highway. Billmayer provided an exhibit for review that has the floodway delineated on it and the original mapping of the floodplain, which they believe was mapped erroneously and is much wider. Billmayer suggested that the board refrain Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 2 of 16 from requiring any raising of the emergency access road. There is an alternate access to the south which ties in with Corporate Way which could be used in the event of a major flood. Billmayer noted that he submitted a letter that talks about the minimal intrusion into the flood zone and said there is no intrusion into the floodway, there are a couple corners of lots that touch upon the flood zone which they feel are very insignificant. Hinchey asked Billmayer if there was a 100 year flood event and the board does not require that the emergency access be raised what depth of water would it be under. Billmayer responded. Craig Denman developer of the West Wood Park Subdivision / PUD reviewed the changes to the site layout that have been made as a result of the neighborhood meeting in relation to density, floodplain, groundwater and a buffer. Two units were removed from the floodplain area which decreased the density, created a line of sight, and increased the open space. With the exception of the emergency access road that was discussed earlier they feel that the floodplain issues have been eliminated. They will be providing a 6 foot vinyl fence, with landscaping on the back side, to provide a buffer between Westwood and Greenbriar. Denman asked for relief from the setback requirements for lots 11, 12 and 13 to be 20 feet from the sidewalk to the front of the garages. Hull asked if the emergency access was to the east and Burton said yes it comes up Cooper Lane and out to Two Mile Drive. There was further discussion about road access and whether the connection from Corporate Way down to the highway will be abandoned. Norton said that he met with MDOT and they didn't indicate that this portion of road would be abandoned. Denman said that was the information that they were provided. Jim Burton, Jackola Engineering reviewed the following amendments to the conditions, as proposed by the developers: Condition #5 would read, "Front yard setbacks from the townhouses that have garages that have access directly along the right-of-way shall insure a minimum distance of 20 feet between the garage and the sidewalk and would apply only to lots 11, 12 and 13. This would not apply to townhouses that have some other provisions for handling access and on -site parking." Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 3 of 16 Condition #9 to read, "Lots within the subdivision shall be identified by sequential numbers as shown on the preliminary plat." Condition # 17 is a repeat of Condition #20 and should be deleted. Condition # 19 should be deleted since the emergency access doesn't directly access on to Two Mile Drive any more. Mark Drew, 152 Greenbriar Drive commended Mr. Rice and Mr. Denman and their team for taking the time to meet with the neighbors and address some of the concerns the residents of Greenbriar had with the project. They were able to come to some consensus on the issue of the buffer zone. Drew said that there were several people in Greenbriar who were opposed to having a right-of-way out to Two Mile Drive because there is a curve right there, it is a very narrow road for the amount of traffic that it now supports, and there is very little shoulder. There was the movement in the density with the removal of 2 units but for an area that is currently zoned RA-1 low density this project is still too dense. That is evidenced by the number of requests for deviations from the setbacks, and the additional one that was proposed tonight for Lots 11, 12, & 13. When you look at the whole picture and see the type and number of variances that are being requested that is a symptom that you are trying to put too much in too small of an area. Drew said regarding the water problems, at the neighborhood meeting they went through the type of soils that they found and they are very densely packed soils. There is some land that it would be better not to be built on and if you are going to build on it you have to, as Whitefish is experiencing, do it with other than standard procedures. Greenbriar currently has a storm drainage system that is French drained, the gravel and perforated pipe. It is not working. The current Public Works Director has stated that if had been in office at the time he would not have approved that storm water management plan for that area because of the density of the soil. Drew said that they have seen different variations of this proposal and it is getting better but it is not there yet. They are not opposed to this project they just want to see that it is done right. Toby Macintosh, Jackola Engineering wanted to clarify that the French drain is not the only storm drainage system and he described the other systems. Norton had questions regarding the systems and the neighbors concerns and Macintosh responded that they had to come before the planning board before the plan was complete and the review Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 4 of 16 was done by the City and DEQ. Lucy Rudy stated that she has lived, at Greenbriar for 5 years and before that she was at Lake Blaine. Rudy said Lake Blaine has been very dry and it did come back this year. Rudy showed the board the location of a large amount of standing water during the February and March runoff. There are ducks and it is deep water. If Lake Blaine can come back what is there to say that these systems can handle all of that water. Rudy also asked where all of these people are going to park. There are no areas for guests to park their cars in this large development. BROWN ANNEXATION & A request for an initial zoning designation of R-4, Two Family INITIAL ZONING OF R-4 Residential, upon annexation to the city of Kalispell proposed KA-05-12 by Robert Brown and Glenda Dylina-Brown. The property contains approximately 0.51 of an acre and is located on the northwest corner of 7th Ave West and Sunnyside Drive. STAFF REPORT KA-05-12 Narda Wilson, of the Kalispell Planning Department reviewed the staff report for the Board, the surrounding land uses and zoning and recent development in the area. Wilson said that concurrent with this request for annexation a plat was filed that indicates the location of the existing house along the north and a detached garage to the southwest of the house. It ultimately would be the intent of the property owners to create this 2 lot subdivision retaining the house and the garage on a lot to the north and another additional lot to the south. Both of these lots would be required to be connected to city water and sewer. Wilson continued that there has been a lot of annexation activity in this area due to the availability of water and sewer and also because these lots had on -site septic systems so are fairly large. In the late 80's and early 90's the City of Kalispell received an EPA Grant to extend sewer and water to that area and resurface the street. The previous 1/2 acre lots that were on sewer & water have been easy to split in half and this is just another example of that. The R-4 zoning is a continuation of the zoning that exists in that neighborhood. Wilson stated that staff recommends that the board adopt the findings of fact in Staff Report KA-05-12 and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Family Residential. QUESTIONS BY THE There were no questions by the board. BOARD PUBLIC HEARING ,The public hearing was opened to those who wished to speak on the issue. Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 5 of 16 APPLICANT/AGENCIES Robert Brown, applicant, stated that he didn't have any comments but said that he was trying to meet all the rules and regulations to make this lot split happen, and one of them was to get annexed into the city. Norton asked how long Mr. Brown has owned this property and he said 3 years. Norton asked if there was any floodplain area in this property and Brown said that it hasn't been brought to his attention. Brown added that of the 7 lots in this subdivision he has seen 2 other duplexes go in during the 3 years that he has owned the property and said that they do not have basement areas and this property won't either. PUBLIC COMMENT Ed Klimowicz, 1535 71h Avenue West, stated that Kalispell is booming and growing and the individual lots are getting swallowed up by double and triple housing and he doesn't like the fact that they will have a duplex across the street from them. He would like it to be kept as a single family dwelling. Klimowicz noted that his neighbor shares his views. Taylor stated for the record that the property immediately to the east is zoned City R-4 which under the standard is Two Family Residential, and would be compatible with this proposal. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Gabriel seconded to adopt Staff Report KA-05-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property be R-4, Two Family Residential. BOARD DISCUSSION Hull asked how many units could be built on this property and Wilson said 2. It is a single lot that allows a single family dwelling, duplex or 2-unit townhouse. Wilson noted that the property after subdivision would be larger than a standard city lot. Wilson said that the lots on the corner adjacent to this property are substandard in size and do not meet the minimum lot size requirements of R-4 and yet there are 2 very small single family dwellings on each of those lots that front on to Sunnyside. These are half lots that were probably created through some sort of exemption such as a family transfer or occasional sale years ago. Wilson pointed out that those who may object are living in an urban situation in excess of the density that is possible on this property. So what is being proposed is not inconsistent with what is already there. Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 6 of 16 There was discussion regarding the placement of manufactured homes on city lots, whether the existing home was substandard, the lack of curb, gutter or sidewalk in this area, and the location of city limits in relation to this property. Wilson reminded the board that this was an annexation request and not a preliminary plat under review tonight but noted that when the subdivision comes before the City Council there is a provision in the subdivision regulations that for minor subdivisions where there are no street improvements, that a waiver can be placed on the plat that waives protest to the creation of an SID for the upgrade of those roads to city standards. ROLL CALL I The motion passed unanimously on a roll call vote. SIBLERUD ZONING A request for an amendment to the Kalispell Zoning ORDINANCE TEXT Ordinance to amend the permitted uses in the B-4, Central AMENDMENT Business District, to allow rental storage units in basements of existing buildings. This amendment may affect properties in the downtown area zoned B-4 in the City of Kalispell. STAFF REPORT KZTA-05-5 Narda Wilson, with the Kalispell Planning Department, gave a presentation of Staff Report KZTA-05-5. Wilson noted that although the applicant is the owner of the property at 11 Main Street, aka Kelly Main Street Furniture, this is not a request for that specific property but for any property within the B-4 zoning district. Specifically this amendment is proposed to allow storage units that would be used primarily for record keeping materials in the basement of existing buildings. Kelly Main Street Furniture had lost parking with the reconstruction of Highway 93 and additional parking was lost due to some other improvements to the area which put the squeeze on this building to the point that it makes it impractical to use the entire square footage in the building for retail. When the owner attempted to remarket this building after closing the furniture store, he was having difficulty in renting the building due to the lack of parking in close proximity to this property. An alternative was climate controlled storage units primarily for record keeping. Wilson added that the main floor was not appropriate for storage units due to the desire to keep the main floor and storefront vibrant and occupied and to keep the downtown vital. The upstairs will continue to be used for apartments. Wilson stated that staff recommends that the board adopt the findings of fact KZTA-05-5 and recommend to the Kalispell City Council that rental storage units in the basements of existing buildings be included as a permitted Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 7 of 16 use in the B-4, Central Business District. QUESTIONS BY THE Taylor asked for the parameters of the B-4 district, which BOARD Wilson provided to the Board, with the assistance of Board Member Hinchey. Norton asked if the applicant came in with this proposal and Wilson said that the applicant brought in the proposal and staff said that they could support the text amendment. Taylor asked if Wilson could see any down side to this proposed amendment to the rest of the Central Business District. Wilson said so long as it is confined to the basements, not really. Taylor asked if the building would have to be vacant and Wilson said no that they would encourage the 2 separate uses � coexisting, providing an opportunity for the building to be fully occupied. Taylor asked 'if the storage would be restricted to records such as medical or dental or would other storage be allowed. Wilson said the proposal and recommendation specifically says rental storage units in the basement of existing buildings. The intent was for record keeping materials and if the board feels that this is more appropriate they could include that in the recommendation. However, leaving the uses more open would allow for the storage of other items such as artwork, antiques or other important personal items. Taylor questioned whether this would open the door to the storage of hazardous or illegal materials. Wilson thought that the fire code would take care of eliminating this type of storage and by limiting it to record keeping materials you would avoid that additional risk. Hinchey said that he understands that this proposal is for a particular type of storage but doesn't this text amendment allow for a person to store just about anything in the basement - such as flammable or hazardous materials. Wilson said that you couldn't store these materials legally under the fire code. Typically when you are in that kind of confined environment if you are going to store any kind of explosive materials there are certain construction parameters that would have to be met. PJ Sorensen with the City of Kalispell added that mini storage is allowed in several zones as a conditionally permitted use and directed the board to Section 27.35.090 in the Kalispell Zoning Ordinance for specific conditions that could be attached to deal with the type of storage. Any type of storage would have to comply with fire code and building codes. Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 8of16 Gabriel suggested that the board request the review of this proposal by the Fire Department before it goes to council. Wilson said that the other option would be to include in the language that the storage be limited to record keeping materials. Gabriel said that her only hesitation is that it would be a great place for art work, books and those types of things to be stored if someone needed a climate controlled storage environment. Hull asked about signage. Wilson said they would need a sign permit for an identification sign. Typically the units would be accessed from the alley because that is where the loading areas are for most of the buildings in the downtown area. There wouldn't be anything that would prohibit a sign. Hull asked about hours of operation. Wilson said that part of the thought behind this proposal is that the hours of operation would be pretty limited. It wouldn't be 8 - 5 when there is a lot of traffic but rather after hours, on weekends with limited daytime use. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Roger Siblerud said that he came up with this idea some time ago. They had 30,000 square feet in the two buildings and when they went out of business they advertised for lease or for sale and the big problem was the lack of parking. He said that the Fire Department has looked at the area and considered their idea for record keeping storage. Siblerud thought that storage for artwork and furniture was a good idea too, but they don't want flammable materials or illicit drugs. Hinchey asked about public access to the basement and Siblerud said that they have a freight elevator and 3 stairways but the elevator would need to be updated to handle the public. Sprinklers were discussed but it is not an option because their water lines are too small. Siblerud said that it is not required by the Fire Department but if they could install them at a reasonable cost, he would. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Schutt moved and Gabriel seconded to adopt Staff Report KZTA-05-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council to approve the amendment to the Kalispell Zoning Ordinance to allow rental storage units in basements of existing buildings to be Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 9 of 16 1 1� included as a permitted use in B-4 Central Business districts. BOARD DISCUSSION Schutt addressed the questions regarding the storage of hazardous materials and the remodeling of the buildings that would be required, and the inspection process by the fire department. Schutt does have some concerns about what the definition of storage would be. Taylor said there are several questions such as access, hazardous materials, parking, hours of operation, and other administrative agencies involvement. Wilson, noted that there is the fire code, annual fire prevention inspections, remodeling would require zoning, building, and fire code review and she wasn't sure what else they could do to ensure the safety of the building. Hull said that there should be a way to limit what would be stored because he would hate to have someone wake up and find they have a mini storage next door to their house or business. This sounds like a fine idea but he asked if Wilson could think of any way they could limit it. Norton ,said that he is leery with this being a permitted use overall for the entire B-4 zone. It should be reviewed as a conditional use permit, and therefore the board would review them one at a time. Norton listed his concerns. AMENDMENT TO THE Norton moved and Schutt seconded to allow rental storage ORIGINAL MOTION units in basements of existing buildings in B-4 zones as a conditionally permitted use. BOARD DISCUSSION Wilson reviewed the process that this applicant would have to go through if this were a conditional use in the B-4 district. Wilson suggested that if the board could standardize the conditions in association with the rental storage units in the basements of existing buildings under the Supplemental Regulations section of the Kalispell Zoning Ordinance, they then would apply the same conditions every time an application was submitted. Wilson provided the board with sample conditions. Wilson suggested using the Supplemental Regulations section rather than submitting the property owner to a rather cumbersome conditional use permit process. Planning Director Jentz mentioned that the board should think of the zone and the uses that could occupy that building otherwise. Some of these things are practical applications of a landlord/tenant relationship. If the tenant would get wrestled out of bed too many times that landlord will hear about. There are some self monitoring issues that will enter into the fray. Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 10 of 16 There was further discussion about possible conditions or parameters that could be placed on the use. Hinchey stated that he didn't believe that this is a good idea to put mini storage on Main Street. The buildings on Main Street already have storage in the basements for the tenants that are there, so this would be purely an off -site thing where people come in and drop off materials. He understands that parking is an issue on Main Street, but it is a problem that the Parking Commission is attempting to address. The Board has spent months working on Architectural Standards for Main Street and now we are going to turn Main Street into a mini storage. Hinchey noted that his building on Main Street has been open for 4 years and the fire marshal came through the first couple of weeks of when he opened and he hasn't been back. You can't really trust that the processes are in place to provide a safe environment and make sure that it is monitored for the right type of storage. Hinchey is opposed to the conditional use permit or any other form of mini storage on Main Street. ROLL CALL - AMENDED The motion failed on a vote of 3-4 with Norton, Albert, Taylor, MOTION & Hinchey voting in opposition. MOTION TO TABLE Norton moved and Taylor seconded to table the text amendment in order for staff to bring forward proposed supplementary regulations for the board to review. ROLL CALL The motion to table the text amendment passed on a vote of 6-1 on a roll call vote with Hinchey voting in opposition. OLD BUSINESS: The matters below were continued from the June 21, 2005 planning board meeting in order to give the developer an opportunity to try to address issues that were raised at the meeting. WEST WOOD PARK PUD A request for a Planned Unit Development overlay on REQUEST property zoned RA-1 on approximately 8.97 acres to allow construction of a 33 lot residential subdivision. WEST WOOD PARK A request for preliminary plat approval of West Wood Park, a PRELIMINARY PLAT 33 lot residential subdivision located at the northern APPROVAL REQUEST terminus of Corporate Way between Two Mile Drive and Highway 2 West. STAFF REPORTS KPUD-05- Narda Wilson, with the Kalispell Planning Department, 4A AND KPP-05-11A reviewed the changes to Staff Report KPUD-05-4A, and KPP- 05-11A for the board. Wilson reviewed the following amendments to the conditions of approval: Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 11 of 16 The inclusion of specific language that focuses on an engineered stormwater management plan in Condition #4. Amend Condition #5 to read, "Front yard setbacks from the townhouses that have garages that have access directly along the right-of-way shall insure a minimum distance of 20 feet between the garage and the sidewalk and would apply only to lots 11, 12 and 13, each of which would have a 2-car garage. This would not apply to townhouses that have some other provisions for handling access and on -site parking." Delete Condition # 17. Amend Condition # 19 to read, "That a letter be obtained from the Kalispell Public Works Department stating that the proposed access onto Cooper Lane has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed." Add Condition #28 to read, "That an easement agreement be obtained for the secondary emergency access across the private property to the east that encompasses the nature and intent of the proposed roadway." Wilson noted that the proposal from the applicant to amend Condition #9 and the purpose of wanting a sub lot number is that the setbacks are taken from the parent tract boundary and are more easily administered to zoning and the building department if they are labeled 1A, 1B, 1C. We then know that those are sublots rather than coming in with a sequential lot 23 and not knowing where to take those setbacks. Wilson is recommending that Condition #9 remain unchanged. The request from the applicant to amend Condition # 15 has been withdrawn, and the other conditions have been adequately addressed. Wilson stated that staff recommends that the board adopt the amended findings of fact KPUD-05-4A 8s KPP-05-11A and recommend to the Kalispell City Council that Westwood PUD and Preliminary Plat be. approved, subject to the conditions as amended. QUESTIONS BY THE Norton asked if there was a condition that addresses the BOARD proposed buffer, vinyl fence and landscaping. Wilson noted that is addressed in Condition # 11 in the PUD with the same language in the preliminary plat. Norton asked for clarification on the condition that addresses the emergency access road easement and Wilson said Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 12 of 16 O because the road is off -site and is not property owned by these property owners they will need to get some kind of easement agreement at the time of final plat that will allow them access through that property. Schutt asked for clarification on the subdivision's access. Wilson explained that Corporate Drive will remain an access to this subdivision from Highway 2. MDT has been working on a design and the final has not been submitted. The Board noted that the applicant said that Corporate Drive would be closed off to Highway 2. Tom Jentz, Kalispell Planning Director, addressed the board by saying there will be a TAC meeting on July 21St, at 1:30 p.m. if the board wants detailed information about each intersection with the bypass. Jentz said that where Corporate Drive comes in, this access was negotiated which may or may not be built. He said they have to allow Corporate Drive to stay open because of the sheer number of users there. Jentz said that when the intersection/interchange are developed that access will be part of the redesign. Norton noted that was part of his concern when the applicant spoke and stated Corporate Drive was going to be closed down, but he is glad to now know that Corporate Drive will remain open. MOTION - WESTWOOD PUD Schutt moved and Gabriel seconded to adopt Staff Report KPUD-05-4A as findings of fact and recommend to the Kalispell City Council that a Planned Unit Development overlay on approximately 8.97 acres zoned RA-1 be approved subject to the amended conditions. BOARD DISCUSSION Norton commended the developers for getting together with the adjacent homeowners to discuss their concerns, and agreeing to reconfigure the project to address the concerns of not only the neighbors but the board as well. Taylor noted that he shared those comments. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Taylor moved and Hinchey seconded to adopt Staff Report KPP-05-11A as findings of fact and recommend to the Kalispell City Council that the Westwood Preliminary plat be approved subject to the amended conditions. FURTHER DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 13of16 OLD BUSINESS CONTINUED: MONTANA VENTURE Taylor noted that there is another item under Old Business ZONING that is not on the printed agenda, which is Staff Report KA- RECONSIDERATION 05-11, Montana Venture zoning issue on 55 acres in the area of Rocky Cliff Drive and Highway 93 South, know as Old School Station. Specifically the Chair is asking for a reconsideration of the zoning designation. MOTION Taylor moved and Hinchey seconded to reconsider the recommended zoning designation for the Montana Venture Partners property south of Kalispell. ROLL CALL The motion passed 6-1 on a roll call vote, with Norton voting in opposition. MOTION Hinchey moved and Taylor seconded that the Kalispell City Planning Board 8s Zoning Commission change the zoning recommendation for the Old School Station Business Park from B-5 (Industrial -Commercial) to I-1 (Light Industrial). BOARD DISCUSSION Hinchey said that he was troubled by the designation recommended at the June 21st meeting and in reviewing the zoning ordinance he feels that there shouldn't be another business district south of Kalispell. Hinchey added that Industrial is the appropriate zoning for the area and the proposed uses of the property are allowed within, the I-1 designation. Taylor asked City Manager Patrick who was in the audience to participate in the discussion. Patrick noted that the developers are very comfortable with the I-1 designation and what they would do is write out the uses through their CCR's. Patrick added that Bond Counsel also felt that Light Industrial zoning would be a more appropriate designation. Taylor said that the board has to think not only in terms of this development but everything else that could be developed along that corridor. A better beginning is by far an I-1 designation. Patrick agreed. Wilson said when the developers put together their CCR's they need to understand that the uses in their CCR's are limited to what is in the I-1 zoning and they can't amend the uses in the industrial park simply by including them in the CCR's. The uses can be more restrictive but they can't make them less restrictive. Patrick said the intent would be to be more restrictive. Hull asked where this change came from. Wilson said from Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 14 of 16 0 the board and noted there were some sleepless nights after the last meeting over the recommendation on the zoning and there was some discussion regarding reconsideration of the recommendation before it was transmitted to the city council. Taylor added that he spoke with the City Manager regarding the misgivings of some of the board members and their interest in reconsidering the recommendation. Norton asked the board members to explain why they disagreed with the B-5 zoning. Schutt said that he didn't feel 55 acres of highway orientated commercial activity was appropriate for the gateway into Kalispell. The process was moving really fast and by allowing the B-5 zone and not being part of the process for further review it seemed like a land rush instead of land use planning. Schutt added that it didn't seem appropriate to have someone request an industrial park and then the board recommends B-5 zoning. Patrick reviewed his discussions with the developers, industrial and technology tax increment funds, potential tenants, and setting up the tax increment district. ROLL CALL The motion passed unanimously on a roll call vote. NEW BUSINESS: AMENDMENT TO THE As a result of the change in the expiration of the planning KALISPELL CITY PLANNING board appointments as well as the reorganization of the BOARD BY-LAWS planning office from the Tri-City Planning Office to the Kalispell Planning Department, the Kalispell City Planning Board and Zoning Commission's By -Laws should be amended to reflect those changes. STAFF REPORT Narda Wilson, with the Kalispell Planning Department reviewed the amendments to the by-laws for the board. QUESTIONS BY THE There was discussion regarding the need to provide a period BOARD of rebuttal for the public and applicant before the public hearing is closed. The board decided that they should provide the rebuttal period for clarification of items that had already been presented and a time limit should be imposed for each speaker, the length of which would be determined by the Board President. MOTION Hinchey moved and Schutt seconded to approve the amendments to the Kalispell City Planning Board By -Laws as presented. ROLL CALL The motion passed unanimously on a roll call vote. ADJOURNMENT The meeting was adjourned at approximately 10:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Kalispell City Planning Board Minutes of the meeting of July 12, 2005 Page 15 of 16 Commission will be held on Tuesday, August 9, 2005. The Work Session on the Proposed Amendments to the Growth Policy - South Kalispell was rescheduled for July 26, 2005 @ 7:00 p.m. Michelle Anderson Recording Secretary APPROVED as submitted/corrected: (� /—I/05 0 Kalispell City Plano Minutes of the meeting of Jul) Pngi