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01-13-040 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 13, 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: George Taylor, Rick Hull, Jean Johnson, Sue Ellyn Anderson, John Hinchey and Timothy Norton. Jim Atkinson was absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 17 people in the audience. APPROVAL OF MINUTES Anderson moved and Norton seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission special meeting of November 18, 2003 and the regular meeting of December 9, 2003. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC Ellen Ries, representing St. Matthew's Church, urged the board to recommend the zone change on 29 8th Street East instead of denying it. She stated that the age of the house is not an issue, but the property is unique and there is a buy - sell agreement on it; an attorney wants to purchase it for offices. She said that no one is looking at it for personal use and she would like to know where the personal property rights of St. Matthew's comes into play. Rene Ayres, Adult Protective Services, wanted to voice her support for the Home Care Program. Sean Frampton, prospective purchaser of the property at 29 8th Street East, stated that he wants to use the house on 8th Street as offices for attorneys. He said that he has been told he needs five parking spots in order to make it commercial, and that is not an option. He said it appears to be commercial for planning and development purposes. AGENDA CHANGE/ Taylor explained that the developer and the architect on this TERRACE VIEW ESTATES project are not available tonight due to weather -related travel ZONING AND PRELIMINARY difficulties, and asked the board if they wanted to continue PLAT the hearing to February 10th or go ahead and take public comment tonight. Anderson recused herself from the discussion as a long- standing opponent of the project. Johnson stated he would like to continue the meeting until February, as the applicants have requested. Hull stated that he would be willing to wait. Kalispell City Planning Board Minutes of the meeting of January 13, 2004 Page 1 of 5 01 Hinchey stated it is our responsibility to hear this as scheduled tonight. Norton agreed with Johnson and Hull and stated he wanted to continue the hearing until February. MOTION Norton moved and Johnson seconded to continue the public hearing on this matter until the February meeting. ROLL CALL The motion to continue passed unanimously on a roll call vote. BLEND CONDITIONAL USE A request by Michael Blend of Montana Rentals, LLC for a PERMIT REQUEST conditional use permit to allow more than one principal structure on property zoned RA-3, Residential Apartment/ Office at 1069 North Meridian Road in the City of Kalispell. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KCU-03-8 presentation of staff report KCU-03-8, a request for a conditional use permit to allow more than one principal structure on property zoned RA-3, Residential Apartment/ Office at 1069 North Meridian Road in the City of Kalispell. Wilson explained the vicinity map and stated the property was immediately north of the Meridian Point apartments. She said the property is zoned RA-3, Residential Apartment/ Office, which requires a CUP to add an additional principal building. She stated there is an existing building on the west side of the property, with a basement apartment, which will continue to be used as office space. The shop building to the east would be converted to new office space. Wilson said that the Growth Policy states that this is a mixed use area that accommodates limited commercial uses and is intended as a transition area. She stated that North Meridian Road is in transition now from residential to commercial and that these properties were rezoned from R-3 to RA-3 about four years ago in anticipation of this type of development. Wilson explained there is about 15,000 square feet on the property, with a two-way driveway which will continue to be used, which is 20 feet wide from the building wall to the property boundary. She stated that the Fire Department has no problem with the driveway and that a 20 foot minimum access road is for two way traffic. There will be a service line extended to the building for water and sewer, and there is a hydrant at the front of the property with storm water being handled on site. Wilson stated the parking is calculated at eight required spaces; there are 11 shown on the site plan including two handicapped spaces. She said there will be landscaping along the perimeter, with the existing fencing to the north being replaced, and that any impacts will be insignificant to the surrounding ro ert . Kalispell City Planning Board Minutes of the meeting of January 13, 2004 Page 2 of 5 (7) Wilson said that the site development committee found it was in compliance, with no red flags, and staff is recommending approval with the four conditions listed in the staff report. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Michael Blend, 1069 North Meridian, stated it is a conforming use for the property and this is an improvement for the community. He said the building will look a lot nicer, and they will pave the entire parking lot and bring it up to date. He said that two of the parking spaces will be taken up by the loading area for the handicapped spots, so there will be only nine parking spaces total. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KCU-03-8 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit to allow more than one principal structure be issued to 1069 North Meridian Road subject to the listed conditions. BOARD DISCUSSION Hinchey asked if the water and sewer extension was the responsibility of the developer. Wilson answered it was and it would probably just be a two inch line. Johnson asked what the latest update is on the Meridian Road upgrade. Wilson answered it was about 6 years out, but no one really knows. Hinchey asked Blend if he planned to move his office to the back of the property. Blend answered he was just going to lease it and leave his office in the front building. Hull stated that Michael Blend is the brother-in-law of his employer; Taylor felt it would not be a conflict. Hinchey stated it was an appropriate use of the space. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS - ROMAN A request by the Roman Catholic Bishop of Helena for a zone CATHOLIC BISHOP OF change request from R-4, Two Family Residential to R-5, HELENA ZONE CHANGE Residential Professional Office, for property located at 29 Kalispell City Planning Board Minutes of the meeting of January 13, 2004 Page 3 of 5 O REQUEST 8th Street East in Kalispell. This item was continued from the December 9, 2003 meeting. AMENDED STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KZC-03-5 presentation of Amended Staff Report KZC-03-5, a request by the Roman Catholic Bishop of Helena for a zone change from R-4 to R-5 for property located at 29 8th Street East in Kalispell. Wilson stated the amended report attempted to reiterate what the Board discussed at the last meeting, including parking concerns and the stability of the area. She said the current property does not comply with setbacks or lot size in either the R-4 or R-5 zone and that a more intensive use of the property could compromise the area. She said that the amended staff report recommends the zone change be denied. MOTION Johnson moved and Anderson seconded to adopt amended staff report KZC-03-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zone change request from R-4 to R-5 be denied. BOARD DISCUSSION Norton asked the Board what use this property has in the future if they deny the zone change to R-5. He said that he believes that this is a unique property and we don't see this issue very often, but he feels the zone change would be the best use of the property. Anderson stated that she still believes the zone change would be inappropriate for this area. Hull stated his two main objections were that the shape of the lot would force parking onto the street and the neighbors were opposed to it. Taylor stated he has heard nothing to change his mind and he would vote the same way tonight. ROLL CALL The motion passed upon roll call vote with Norton voting against and Hinchey abstaining. NEW BUSINESS--- — -- -Taylor-asked about -having -a-work-session after the February 10 meeting if the agenda was light. Hull asked if there was a work session this month. Wilson said they could talk about prioritizing what was on the work program list. Taylor asked Wilson to plan a short work session for January 27th in order to prioritize the work list and set the dates for future work sessions. Kalispell City Planning Board Minutes of the meeting of January 13, 2004 Page 4 of 5 C) ADJOURNMENT The meeting was adjourned at approximately 7:45 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, February 10, 2004. A short work session will be held on January 27, 2004. George for Judi Funk P ent Recording Secretary APPROVED as submitted/corrected: c� / � C)/04 Kalispell City Planning Board Minutes of the meeting of January 13, 2004 Page 5 of 5