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08-10-04KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 10, 2004 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, George Taylor, Jean Johnson, Sue Ellyn Anderson and Timothy Norton. Kari Gabriel and John Hinchey were absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 20 people in the audience. Taylor stated that Kari Gabriel is replacing Jim Atkinson on the Board, and that Atkinson will be sent a certificate of appreciation for his service. APPROVAL OF MINUTES Norton moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of July 13, 2004. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. HEUSHER INITIAL ZONING A request by Larry and Sandy Heusher for an initial zoning UPON ANNEXATION designation of R-3, Single Family Residential and R-4, Two REQUEST Family Residential, on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way upon annexation to the City of Kalispell. STILLWATER BLUFFS A request by Larry and Sandy Heusher for preliminary plat PRELIMINARY PLAT approval of Stillwater Bluffs, a 32 lot residential subdivision APPROVAL REQUEST on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way. STAFF REP OIZ S Narda Wilson, with the Tri-City Planning Office, gave a KA-04-9 AND KPP-04-10 presentation of Staff Report KA-04-9, a request by Larry and Sandy Heusher for an initial zoning designation of R-3, .Single Family Residential and R-4, Two Family Residential, on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way upon annexation to the City of Kalispell, and KPP-04-10, a request by Larry and Sandy Heusher for preliminary plat approval of Stillwater Bluffs, a 32 lot residential subdivision. Wilson stated this property was scheduled for a public hearing in June but it was withdrawn by the applicants. She said they are now requesting zoning, annexation, and preliminary plat approval. She said the property is located with Whitefish Stage to the east and Glacier Commons Kalispell City Planning Board Minutes of the meeting of August 10. 2004 inrnediately to "the east; Buffalo Stage is to the south, and which ,has a.. one Country;Villageis .t .a the; County R-1, Suburban Residential, cre hunimum lot size requirement_ She said all properties along Country Way South on the west side are in the county, and everything to the east is in the city. Wilson explained that the old Master Plan designated this area as High Density Residential and it is designated as Urban :Residential in the Growth Policy, which is a change from the old Master Plan. She said that Buffalo Stage was approved in :the ..county , and annexed into the city, and that some of that development was zoned but not developed at`a higher density. W�1s6n explained that the city is growing in this direction as. tiles becomavailable She sand that Cour Way is a e Y C`ni7rir>,rnar1.7•'.my7.tlhP.en7.it1ihcivnr3arv;'nflni Granrud- Lane s U _on develo a easement unru iz mterseczs - en i ecomes a ' p pment , to> City standards the- seefion of road abutting the subdivision would be dedicated to _the: City ,arid , open- to the public. She said the City has shared maintenance agreements with the County, and.. main tenance would be coordlr ated with the County. Wilson s"tated that -this is an approxinateYy {12 5 acre: parcel, and the applicants are asking for both sinkle family and two unit townhouses m the development ;She :eXpla�ed -the pthreoP rt., , d a�cul de sac -to 27acrnaoop roa ,anwaestedteSRiehef thyShiahto endor. the; west; so it is good view property; the slopes on ;the bluff will be part of rfhe common area, and the topo lines show ,a few lots overlo..oking the bluff. Wilson stated there are some, two unit towriliouses .in the bluff"::area :`and :the r ortherr . entrance;; vcnth some single family homes located at the oilier, entrance. She said the steeper areas are desigrtatedy as common areas and the horneowrers park and Elie slope regitirerrients , do riot exceed more than 8 percent; s7. o the developers could ,create some park amenities there and tYat is > n e reason zor the park; coiiduori. in the,. report: Wilson explained that the : slope is designated as common area to ;protect it from .development, so the. developers will leave the vegetation in its .natural state there. may be some ".: limited wildlife habitat in the area, acid the Stillwater River lies to the west, but there should not be impacts with regard to erosion She said there 1s ;a. little bit of: floodplan relating to the river, but this is well above that. She said that this site has easy storm water management, with'a natural retention'; area to the north, and wll._�act as drainage for the northern properties as- well: She stated the property is in the Evergreen water district; with City sewer taken from. the Glacier Commons subdivisidii:to the east. Kalispell City Planning Board Minutes of the meeting of August 10, 2004 Paee 2 of 1 Wilson said the subdivision will be accessed via Whitefish Stage Road, then down Country Way, which is a County road developed to rural standards; the private road will be upgraded to City standards to the southern terminus of the property, dedicated to the City and open to the public. The rest of the road will not be open to the public, but development pressure will probably continue to move to the south. She. said the property owners have a single family home on the property now; they want to downsize and live in the new subdivision, and that lots 20A and B may be used either as a maintenance storage shed, a single family home or a residential lot; those lots need clarification, hence Condition 16 on the preliminary plat. Wilson stated that a Homeowners' Association will be created to take care of the common areas, with development covenants also enforced by them, not by the City. She said the Growth Policy designates this area as Urban Residential, with 4-12 dwelling units per acre, and must be served by municipal water & sewer; this development will be about 2.4 dwelling units per acre. She said the staff is recommending adoption of Staff -Report KA-04-9 and that this property be zoned R-3 and R-4, and adoption of Staff Report KPP-04-10 and preliminary plat approval subject to the 17 listed conditions. QUESTIONS BY THE Taylor asked what the differences were between this proposal BOARD and the one withdrawn on June 9, because there are 2 more single family lots with this project. Wilson said there was a discrepancy in the topo on the previous application, so the developer shifted lots a little bit and included the lots at the end over the bluff; they submitted a whole new application, so staff treated it as a whole new project. Taylor asked 'Wilson if there was any way the City could upgrade all of Country Way South from the north terminus to Granrud Lane prior to anymore development taking place. Wilson said that it is a private easement outside of the boundaries of this subdivision, so it is not open to the public, and the property boundaries might explain it better. Lots 1 and 2 of Country Way property lines go all the way through the roadway to the east boundary of Country Way South, so the developers have an access easement from the adjoining property owners. She said that Stillwater Terrace is also a private easement and that the City could go through eminent domain, but it won't, and there is a lot of development potential in the area, but it would be incremental as development occurs and roads would be paid for by the Kalispell City Planning Board Minutes of the meeting of August l0.2004 developer. Hull asked about the gate at Granrud Lane and if it was a permanent -gate and hence there is no connection with Country Way. Wilson answered that is correct, there will be no connection to Granrud Lane because it is a private road easement not open to the public and that access must be from Country Way, unless. they could get an easement. She said the fire department will not require a secondary access, but if it did, those property owners stifle the project. She said it would be nice to have a secondary access, but it is not a requirement and won't be recor rnend:ed in the conditions. L,,H 111 asked Zt` the road w ]1' ,e sealed forever. Wilson said she did not. know, and it would depend on future development and timing. Taylor stated he would like to propose this issue for a work session on the Growth Policy. Wilson said ;the b.o.ard �<could make a recommendation to the city c.oun.cil _on how this should be handled. Hullstated it would be shortsighted to allow that barrier to remain and we need those kin , of connections. The public hearing was opened to those who wished to speak on the issue. �S Rick Breckenridge •Montana Mapping, 1405 Highway 2 West; stated° that the He'ushers have lived on the property for 27 years, and vivant . to retire in one of the townhouses on the bluff. He said there is? a hookup to sewer, and they are proposing a lift station to hook on to Glacier `Common& He said that development.. out there. has been; slow, and the density of this subdiion is right in the middle of the range. He said the primary access is off of Whitefish Stage to the east, and there are also two alternative access points off of Reserve Drive going .,;through Country Way. He said they missed one point on_ the topo and it skewed the whole model and so theydid a .redesign of the development, and the maintenance Jtcareaker; shop was added as a possibility; the property owner intends to do ,the maintenance for a while. He said the developers intended interconnectivity when they -built: Country: Way in 1.9.78 and that this project would not have been attempted without sewer service. Breckenridge ,stated that their proposal protects the natural drainage; there are big .trees, and there is no standing water Kalispell City Planning Board Minutes of the meeting of August 10, 2004 Dn it Mf 11 in the area. He said the common area is heavily treed, and that lots of vegetation protects the slope down to the river. He said the proposal is in harmony with the desires of the Planning Board and the Growth Policy, with 4-12 dwelling units per acre, and the developers want to maintain the aesthetics of the area and that there are two alternative routes besides Whitefish Stage. He said this project best utilizes the land. PUBLIC COMMENT I The following spoke in support of the project: Sandy Heusher, 545 Country Way South, said they have lived there for 27 years, and they have seen lots of change and growth. She said her kids are gone and it is a lot of property to maintain; this will be the best use out of the property and they still want to live there. Brian Gardner, 525 Country Way South, neighbors of the Heushers, stated the development out front was no surprise, and they have full trust in the Heushers on this project; they were a little disappointed, but the Heushers were free to make those decisions, and it not going to affect their relationship. He stated that County Way South used to be open to Granrud at one point in time, but all sorts of traffic used it without paying to maintain it; he said they now maintain it. He stated the gate is not locked, but it is semi- permanent, and that all public services were notified it was going up and there were no issues with any of the agencies. They put up the gate because the traffic was terrible, and it was a cut across for lots of folks, but anyone can get through in case of emergency. He said that Country Way South properties will see a lot more traffic if they open that gate. Greg Foley, 203 Fox Hill Drive, Kalispell, stated that he has known the Heushers for a long time, the density in this project is very low for the area, and they have a vested interest because they are staying on the property. He said that people will be coming in off of West Reserve and Whitefish Stage, and that traffic concerns would be minimized. The following people spoke in opposition to the project: Brent Higgins, 640 Country Way, stated that he presented a petition signed by the vast majority of residents when the proposal first came forward and that the petition is still valid. He said that Country Village was not surprised by the development of the property, but they wanted something more complimentary to the neighborhood character and setting. They feel the density is too high, and that the area has historically been 1+ acre lots, and that development is moving north but not in those densities. He said that only Kalispell City Planning Board Minutes of the meeting of August 10, 2004 eight acres of the property are developable, and they are much smaller, lots . than., Glacier Commons or Buffalo, Stage, with a 1/5 acre lot size. He said the density is too great, and it will change'the character of the neighborhood. He said the traffic issue will directly affect them and change their neighborhood, and the road was not created to handle this type of traffic; there are children who play in the area, and there is a rural setting on the road and it will all change now. He stated that South Country Way was closed because of traffic and now they will be getting traffic from another neighborhood. He said the subdivision traffic should be routed out to Granrud and not their street. He said there is more potential. for environmental concerns, and there are potential runoff issues to, the river, and possibly species issues, because there is bull trout in some areas. He stated they could Hive witla soiree traffic i the density \`would match :their neighborhood of one acre lots. Nathaniel Higgins, 6,4,Q _County Way, said that he lives on a two acre lot right.. by this property, and the road would be covered_ with. traffic;, and he won't be able to play with his friends because the road will be busy, he will no longer be able to ride his bike to_ school and will have to be dropped off at -school by a -parent: Taylor asked B. Higgins to tell him more about the petition and whertit was prepared. . Higgins said the petition was done prior to the June meeting and provided to Tri-City, and was signed by the vast majority of property owners in Country Village. He said many of them were surprised by the proposal, and were unaware it was 'happening. He said the petition should have been given to Tri-City three days before the June meeting. - No; one else wished to speak and the public hearing was closed: The board took a five nu— ute intermission. MOTION Anderson moved and Johnson seconded to adopt staff report KA-04-9 as findings of: fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be R-3 and..R-4, Single and Two Family Residential, upon annexation to,,the:,Gity-of Kalispell. B®A� DISdUSSI®N Taylor stated that during=tl e intermission he was given the petition that was talked -about earlier. He said the original project was taken off the agenda for the June meeting, so the Board did not see, the petition and the petition was not resubmitted for this proposal. He said the Board has heard from some people who. live: quite far from the development, Kalispell City Planning Board Minutes of the meeting of August 10, 2004 n.._., c .,.c 1 4 and that property owners within 150 feet are sent a certified mail letter giving them notice; that does not preclude them from speaking at the public hearing. He read into the record the petition (minus names) as follows: "We the undersigned request the denial of the zoning change and preliminary plat for the Stillwater Bluffs development. This proposed development does not match the character, density and historical makeup of the surrounding area. The existing area is made up of large lot properties and. zoned County R-l. The recent annexation and zoning change for Glacier Commons was to RA-1. This would place an island of high density within the low density surrounding area. The one acre +/- lots would be consistent with the neighborhood and nothing higher than an RA-1 should even be considered. The proposed access through Country Village Subdivision for a development of this density will double or triple the current traffic. The County Way road was not constructed nor designed for this level of traffic flow. Country Village will be heavily impacted, and its feel will substantially change with the burden of potentially 200 additional vehicle trips per day. We therefore find the proposed subdivision unacceptable and urge that it be reworked to be consistent with the surrounding neighborhood and mitigate the impacts on the existing Country Village subdivision." Johnson stated that the petition was for another submittal, not this specific submittal. He said he says he has a problem with words like "vast majority", "I represent" and "many more folks"; none of this can be validated and should not be a part of the hearing. He asked, "how can Mr. Higgins say he represents the vast majority?" and said he is disturbed when people say "vast majority" and "I represent" without election or direction. He said we have no idea who these people are and he puts no validity in any of it. Taylor stated that R-3 and R-4 are within the parameters of the Growth Policy, and nothing states an R-3 or R-4 can't be there. He said it may be preferred to be one or more acres, but the area was addressed in the Growth Policy and the map shows just as much of an access from the west onto Country Way as there is from the east. He stated that perhaps Country Way was not intended to be a gathering street, but we can't stop what is happening, we just have to plan efficiently for it. He said we can't close off development. Hull stated we have been through this before where County zoning meets City zoning, and having sewer means smaller lots. He said there isn't much the board can do, and this is where the city is going, and it is not out of character, and he sees no problem with this project. He said he does have concerns with the road being blocked off, and maybe some traffic calming devices will be necessary. Kalispell City Planning Board Minutes of the meeting of August 10,1-004 ;.. Anderson said, she. had a ,concern with traffic onto Whitefish Stage; but based on the nap, she feels people will use Reserve too. Emergency access will not be a problem and the project could have been a lot bigger. She said the project will look nice and she commends the Heushers. ROLL CALL The motion passed lunanimously on a roll call vote. MOTION., Johnson -move:d and Anderson seconded to adopt staff report KPP-04-10 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for Stillwater- Bluffs be approved subject to the listed conditions D�SCiJSSION` :' Taylor. stated ; =that I=Ii%11 echoed =riffs : thoug'lts regarcliig and asked if their hands City g minent domain. cverae tied unless thanothe oes with - Wilson stated ,the board could add a condition that would encourage the adjoining property owners to acquire an easement 'along Country Way South for emergency access t she purposes ,,doesn't. believe they would be willing to bu Open it gas a public street. She stated that future development should.. solve �tt e, ssue.. Taylor said­­hisconcern was for general access, unless the City would condemn the property and pay fair market value for it, then the- City would have to upgrade it. Wilson said this was a matter of principle, and the City has not- been willing. to use eminent domain as a policy. She said. it was a.phllosopliieal issue. Hull stated the board> can go on record stating they will allow no more development, to the south unless Granrud Lane can be opened up and'thatwe need adequate connections. kOLL:CALL The motion passed unanimously on a roll call vote. gZICE ZONING TEXT: A request by William C. 'Rice to amend the Kalispell Zoning AMEJ�MENT2EQUEST Ordinance to allow decks less than 30 inches in height to be constructed in the setback areas in all residential districts. STAFfr' R,Ei?_bRT; TA=04=5 Narda UU11, on', .untlz. the= Tri-City Planning Office, gave a presentation of Staff Report.KZTA-04-5, a request by William C. Rice -to arr end``the -Kalispell Zoning Ordinance to allow decks less than 30'inches in height to be constructed in the setback areas'in all residential districts. Wilson said .this is a requested amendment to the zoning ordinance.. as to how, decks less than 30 inches in height Kalispell City Planning Board Minutes of the meeting of August 10, 2004 would be treated. She said there is a tri-plea next to the Birchwood Apartments on 5th Avenue East and that decks were built on the units, but they are not in compliance with the zoning; they are not specifically excluded as part of the structure and intrude into the setback areas. Wilson read from the Kalispell Zoning Ordinance that minor characters such as fences less than 6 feet, driveways, retaining walls, patios, or any improvement of a minor character less than 3 feet in height can be in the setback areas, but not open decks. She said there is a fine line between appropriate encroachment and not and that uncovered or covered decks are not allowed in the setback area. She said this is a proposal to allow encroachment into the setback area of up to 50%. She said that Columbia Falls, Whitefish and the County each have different requirements. Wilson said staff is recommending that the board consider whether these are appropriate to encroach into the set back area if they less than 30 inches in height, and how much can they encroach. She said staff looked at the rear and side setbacks, but not the front setbacks, although the applicants decks encroach into the front yard setbacks on Fifth Avenue East. She said the rear of the buildings face the front yards of 5th Avenue East and encroach into those front yard setbacks. She asked, can these decks encroach into the front yard setbacks? Staff feels it may not be appropriate in front yards because of activities like barbecuing, etc. Wilson stated that staff is recommending adoption of the staff report to create a new section in the Kalispell Zoning Ordinance under Section 27.22 under "Decks". QUESTIONS BY THE Taylor asked if the encroachment is allowable for an at -grade BOARD improvement, meaning a patio. Wilson said yes, the only difference - is that elevated structures 30 inches high or more cannot encroach, and 30 inches is the building code minimum for having railings. Taylor asked how wide spread this is, and is it only the applicant's problem? Wilson said this may be occurring unknowingly in other areas of the city, but since this is new construction it came to light. She stated the board. may want to consider how to handle the front yard setbacks with decks in the front yard if they approve this tonight. Wilson went on to state this situation is not a good candidate for a variance, because specific criteria must be met and this Kalispell City Planning Board Minutes of the meeting of August 10.1004 applicant could not meet it those criteria. She stated that if they do not pass .the amendment tonight, those decks would exist as a violation and he could not meet the variance criteria. Taylor stated that this amendment may open the door to a whole host of problems. Wilson stated the question was is this situation similar enough to an at -grade improvement to allow the encroachment? PUBLIC HEARING The .public .hearing was opened to those who wished to speak on�;the issue.° F PPLICAN:TS/A rEN.Cl,ES Bill' Rtce: 155 :East 'Nicklaus,-,stated.'that'aus men on was that decks less than 30 inches high be included in all . setbacks. He said the drawings' of the dec ks were not' included on, the initialpermit's, and that .was why it was not caught earlier. He said they :have built towrihouses at Village ' Greens, and there are 10 foot decks in the 20 foot setbacks. He stated he did not realize the setbacks were there and thought the decks were :allowable in the setback. He asked- if he can put in an at -grade pafo, why not• a 30 inch' high deck and are decks in the front yard a bad thing; Missoula allows there for more of a neighborhood feeling. He stated that barbecues, ete: areiheld i n more private <bac� .yards and that apartment complexes tivhere the building configurations abut setback;will be a problem. a front yard PUBLIC -,COMMENT Wendy Waymen, 1512. Fifth Avenue East,. gave the Board a, written statement, attached hereto and made a part hereof, and stated that she is available for questions. The Board took a few minutes to read Waymen's statement: No one else wished to speak and the public hearing was closed. MOTIQN: = Taylor. xr oved ,and. Johnson seconded to adopt Staff Report KZTA 04-5 as findings of; fact ,arid, based on these findings, recornrnend to; the Kalispell City ;Council that the Kalispell i"g`Ordinan.ee b'e arriended'to'allow uncovered decks less than 30 inches in height to encroach, into the side yard and rear yard, setbackareas I EIOARD DISCUSSION' Hull stated that he is opposed to this amendment and that it is not a good idea. He said that a 30 inch deck is too high, and it would cause trouble and neighborhood conflicts everywhere. Kalispell City [Tanning Board Minutes of the meeting of August 10. 2004 n___ in_r,z Norton stated that this is the wrong course of action to go here; he has sympathy for the builder, but 30 inches is too high. He said that he is a little torn, but the neighborly aspect is the main issue and privacy between neighbors is very important. Taylor said this does not address Mr. Rice's concerns for the fronts of the properties, and he does not want front decks protruding 50% into front setbacks. He said he is not in favor of the amendment. ROLL CALL I The motion failed unanimously on a roll call vote. CITY OF KALISPELL A request by the City of Kalispell to clarify the creation of ZONING TEXT sublots in townhouse developments and to provide AMENDMENT REQUEST consistency in the referencing of dwellings as permitted and conditionally permitted uses in the various zoning districts. STAFF REPORT KZTA-04-4 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-04-4, a request by the City of Kalispell to clarify the creation of sublots in townhouse developments and to provide consistency in the referencing of dwellings as permitted and conditionally permitted uses in the various zoning districts. Wilson stated that this amendment was initiated by the City of Kalispell and deals with the creation of sublots and some residential uses in the Kalispell Zoning Ordinance. She stated that there are inconsistencies in the zoning ordinance in how townhouse lots are addressed and that "multi -family" is referred to throughout the zoning ordinance variously as apartments, multi -family dwellings, or dwellings — multi- family. Wilson explained the changes to the zoning ordinance, which allows the creation of sublots with a conditional use permit in conjunction with a clustered dwelling in all of the residential zones; the R-4 zone allows duplexes as a permitted use, so two unit townhouses are also a permitted use; a cluster dwelling of three or more would require a CUP. She said all residential zones would get the same treatment and multi -family dwellings typically require a conditional use permit; this provides consistency with how they are addressed. She stated that in the commercial zones, multi -family, duplex and single family uses are suggested to be added as a conditional use. She said that the B-3 zone does not now allow residential uses, but the B-2 does; multi -family dwellings are allowed in the B-4 zone above the first story if the primary use is non-residential. Kalispell City Planning Board Minutes of the meeting of August 10, 2004 Wilson explained that staff also clarified the definition of when sub_ lots ,can beconstructed: any zoning district which permits multi farn]y dwellings, townhouse dwellings or cluster.:housiig anal are .subject to subdivision approval and, if required, a conditional use permit. She said- staff also clarified density in cluster developments and common areas, and :created. a definition of sublots which talks about separate:owriership of parcels — that portion of land conveyed to an individual. In closing, Wilson stated that staff wanted to bring consistency to sublot creation and to residential ,uses in the commercial zones. She stated .staff recommends adoption , of KZTA 04=4 and recommend tbat the amendments be made. as outlined on: Exhibit A QUESTIONS $Y THE ,,1 Norton _.asked where rt talks, about the setbacks. . .:. Wilson .answered_; the: setbacks , are . determined by,, the underlying ..zoniiig::d strict the project is in, are reviewed at the -preliminary plat , and created at final plat review. She explained it was a zero lot line, would apply to the entire area - of:, the :platted, lot ., and,. stated .that Section 2-7.22.130(2) specifiesthat the shared interior property boundary is anticipated to be developed at a zero lot line. There was a lengthy discussion regarding setbacks, yard requ.irerr ents., property ' development standards and different design standards for sublots. Wilson:sugge:sted additional. language be added to the zoning ordinance under 27.22.130(2) under Su.blots that reads "Yard height and area requirements of the: district shall apply to the entire area of the lot with the common interior property boundary. anticipated to be developed at a zero setback." There was a question about .detached single family houses on sublots. Wilson stated that our standards may dictate a certain design that may not. be -what we are after, and suggested that a workshop be held regarding creative alternatives to infill. PUBLIC HEARXNG. The public hearing was.;opened to those who wished to speak on the issue APPLICANTS /AGENCIES:: PUBI C COMMENT No one wished to speak -and the public hearing'was closed. Kalispell City Planning Board Minutes of the meeting of Auzust 10, 2004 MOTION Taylor moved and Norton seconded to adopt Staff Report KZTA-04-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to clarify the creation of sublots in townhouse developments and to provide consistency in the referencing of dwellings as permitted and conditionally permitted uses in the various zoning districts and that Section 27.22.130(2) be amended to specify that the shared interior property boundary is anticipated to be developed at a zero lot line. BOARD DISCUSSION Hull stated that allowing single family residences to exist in the commercial zones would be incompatible. Norton said that the market will drive the highest and best use for the property, and that if there is a changing use in the neighborhood, the market will take care of it. Wilson said we are seeing the benefit of mixed use zones now and that some areas of single family residences are in areas zoned commercially; they are a nonconforming use and are subject to restrictions. She said this would allow them to become conforming uses in the district. ROLL CALL The motion passed 4-1 on a roll call vote. CITY OF KALISPELL A request by the City of Kalispell to amend lot coverage limits ZONING TEXT and to amend how lot coverage is calculated in the various AMENDMENT REQUEST zoning districts. STAFF REPORT KZTA-04-6 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-04-6, a request by the City of Kalispell to amend lot coverage limits and to amend how lot coverage is calculated in the various zoning districts. Wilson explained that this is coming before the Board because the City has had trouble with calculating the lot coverage on some townhouse lots, primarily in Empire Estates, and asked PJ Sorenson, Zoning Administrator for the City of Kalispell, to explain. further. PJ Sorenson, zoning administrator explained that lot coverage is more of a problem in the residential zones, because it is not generally an issue in the business zones. He said a residence could only cover a certain percentage of a lot, depending on the district; in the R-3 it is 30% and in the R-4 it is 45%; Empire Estates is at 45% coverage. He stated the coverage excludes driveways and minor embellishments, but anything covered by an eave is counted, including decks over 30 inches. Kalispell City Planning Board Minutes of the meeting of August 10. 2004 Sorensen said single family residences do not have this -. problem, but (townhouse .lots do; Empire Estates is 40 by 90 for a sublot (7200 . squaixe feet for a parent lot and 3600 square feet for a sublot);,.more than 1000 square feet of floor area is hard to attain.. He said that developers either reduce the eave size in order .:to get more square footage, which interferes with aesthetics, reduce garage sizes to one car garages, or move to two story construction, which counteracts the market force for townhouses. Because builders rarely use an eave size of more than two feet, staff is recommending excluding eave coverage from the lot coverage, total, to allow more flexibility in. design plans. They will continue to be included in setback ,calculations. Wal'son stated ,that staff is:recomm.en.d�z�g adoption, of .Staff ,. Report ,KZTA Q4 6 Nand recommend to .the Kalisp,ell;. City .. . :,.. Council that the definition of lot coverage be amended in the Kalispell Zoning. Ordinance. .PUB_LiC HEARING_ The public hear.'ng;was opened to those who wished to speak on the issue. APPLICANTSJAGENCIES PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Hull moved and Taylor seconded to adopt=.Staff ReportKZTA- 04-6 as findings of fact and, based on these' findings, recommend to the Kalispell City Council ::'hat the Kalispell Zong Ordinance ,be -amended to amend .lot coverage limits in and to am6ti.d hove `lot coverage is calculated in the various zoning districts., BOAg20 DISCiJSSION: Hull said, he is very. rnuehin favor of eaves. Taylor.: agreed with Sorenson that eaves make a place aesthetically pleasing. ,ROLL, GALL '1 The motion passed unanimously on a roll call vote. 'OL0-'BUSINL8S There was no old business. NEWUSINSS t > Taylor suggested that a presentation be given by Wilson in September regarding the'Western Planners Conference and information front' Rocky 1VIountain Institute Land Use conference -she attended in Missoula recently. Wilson was agreeable -to a presentation and shared a little bit of information, including some neighborhood clustering information and innovative infill design, concepts. Kalispell City Planning Board Minutes of the meeting of August 10, 2004 ADJOURNMENT The meeting was adjourned at approximately 9:50 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, September 14, 2004. George Taylor President /G� Judi Funk Recording Secretary APPROVED as submitted/corrected: //04 Kalispell City Planning Board Minutes of the meeting of August 10. 2004