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07-08-03U KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JULY 8, 2003 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, Jim Atkinson, Sue Ellyn Anderson, John Hinchey and Timothy Norton. Narda Wilson represented the Tri-City Planning Office. There were approximately 16 people in the audience. APPROVAL OF MINUTES Johnson moved and Atkinson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of June 10, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. RAVEN ROCK SUBDIVISION A request by Tim Birk for an initial zoning designation of R- INITIAL ZONING UPON 3, Residential, on approximately six acres and RA-1, Low ANNEXATION Density Residential Apartment, on approximately 2 acres, located on the north side of Three Mile Drive and one-half mile west of North Meridian Road upon annexation to the City of Kalispell. RAVEN ROCK SUBDIVISION A request by Tim Birk for preliminary plat approval of a 37- PRELIMINARY PLAT lot residential subdivision on approximately eight acres. A request for annexation and initial zoning of R-3 and RA-1 has been filed concurrently. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-13 AND KPP-03-8 presentation of staff report KA-03-13, a request for initial zoning upon annexation of approximately 8 acres located at the northeast corner of Three Mile Drive and one-half mile west of North Meridian Road. Wilson also gave a presentation of staff report KPP-03-8, a request for preliminary plat approval of a 37-lot residential subdivision that was filed concurrently with the annexation and initial zoning request. Wilson stated there has been quite a lot of activity in the area, and this property is located on the north side of Three Mile Drive, one half mile east of Stillwater Drive. She said the property is. currently zoned County SAG-10, and the total area proposed for proposed for development is about eight acres. Wilson noted that the property is currently in the County zoning jurisdiction and is in West Wide Zoning District and is part of the West Valley Overlay District, which has a density of one dwelling per five acres. The applicant is Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 1 of 12 proposing annexing for to the city to obtain water and sewer services and is requesting a zoning designation of R-3, a single family district on approximately two-thirds of the property to the north and RA-1, Low Density Apartment, on the southern one third. Wilson stated that the existing land uses in the area are urban single family residential homes to the north, Northview Heights, which was recently annexed and Phase 1 is under construction. She said that the area has been planned and platted for the same type of urban residential development. To the east, there are urban sized lots where utilities available, and to the south there are some fairly large parcels in the county. She stated the area is in transition, from agricultural to urban uses. Wilson commented that the master plan designates this area as Urban Residential, with three to 12 dwelling units per acre. This development has a density of five to six dwelling units per acre on the R-3 area, and 14 dwelling units in the RA-1 area. She said the overall maximum density would be eight dwellings per acre, well within the Urban Residential designation of the growth policy and that the proposed zoning would be consistent with the type of growth anticipated for the area. Wilson noted on the subdivision lies on the east side of recently extended North Riding Road. There are a total of 37 lots being platted, 27 of. which are being zoned R-3, and 10 lots designated as RA-1. She noted the R-3 district has a minimum lot size requirement of R-1 and the RA-1 zone has a minimum lot size of 6,000 square feet, plus 3,000 square feet for each additional unit beyond duplex. Any multi- family development would require a conditional use permit. The existing single family residence would likely be relocated. Wilson stated that the applicant indicated the area proposed for RA-1 would be developed as duplexes, but that was an error and that they can either developed as single family residences, duplexes, or, if someone were to buy multiple lots, they could do a multi -family development with a conditional use permit. She said the applicant would like to keep the option open for a small multi -family development along the southern boundary. She stated that a minor changes need to be made to a few lots for zoning compliance that deal with lot with and would require a little rearranging. Wilson stated that during site review, the public works department felt that North Riding Road should be designated as a collector road due to development potential to the north. The Kalispell Design and Construction Standards require a 300 foot offset for a collector roadway for a new accesses. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 2 of 12 0 Therefore the two accesses need to be consolidated into one access and that has been included as one of the conditions. The subdivision design will need to be modified slightly to accommodate this change. She noted the property to the west has been approved for Phase 3 of Northview Heights and has a subdivision road that is currently undeveloped. The two roads will align with the new reconfiguration and create a four way intersection, but probably not a four way stop. Wilson said the single access triggers a requirement for secondary access for the fire department which would likely come off of Three Mile Drive although there are a couple of options to create a secondary access. The developer could use "grass crete", which is a compacted, subsurface material that grass would grow on, but that fire trucks could drive across year round without sinking. The secondary access would be gated or have bollards in place and used for emergency access only. The secondary access could be used by pedestrians to access Three Mile Drive and the bike and pedestrian trail. Wilson stated that with these are noted as conditions of approval and the fire access can be coordinated with the fire department. Wilson noted that consistent with other subdivisions in the area, staff is recommending that bike and pedestrian access along Three Mile within the 20 foot buffer be installed prior to final plat approval. She said the property has some moderate slopes, but no risk to environment and no development constraints. Water and sewer would be extended from Riding Road to the west and looped through the subdivision, and that all lots would be served by City water and sewer. Wilson said as for the parkland dedication, the developer wants to .pay cash in lieu of parkland. She stated the area is 6.37 acres in lots which would be 0.7 acres of parkland dedication, or $12,600 cash in lieu. Wilson noted that there are two city parks fairly close by, with Sunset Park to the east, and Empire Estates to the west will have an approximately two acre park, and the City ball fields are to the north. She said that the police and fire impacts are moderate, but that cumulative impacts of growth affect both departments. Wilson reiterated that modifications need to be made to the lots in order to comply with zoning. She stated that the lots were sort of staggered in order to provide some creativity, but the lots need to meet the minimum lot width requirements of 60 feet. She said that there are no variances and that it does comply with zoning and subdivision standards She said that staff is making two recommendations on the proposal: initial zoning of R-3 and RA-1, and approve the preliminary plat Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 3 of 12 subject to the listed conditions.. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Tim Birk, 880 Farm Road, applicant and owner of the property, said he did a new loop design. He stated that it is an infill project on a gently sloping site, located within 500 feet of the proposed Kalispell Bypass The RA-1 section will front Three Mile Drive as a buffer area to the single family residences. Birk handed out a potential redesign on the plat that showed a single access from North Riding Road. PUBLIC COMMENT There were no comments from the public either in favor or in opposition to the proposal. No one else wished to speak and the public hearing was closed. MOTION (INITIAL ZONING) Atkinson moved and Anderson seconded to adopt staff report KA-03-13 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be R-3, Urban Residential, and RA-1, Low Density Residential Apartment, upon annexation to the City of Kalispell as indicated on the attached exhibit. BOARD DISCUSSION Atkinson asked about parks. He stated that there is a lot of cash in lieu of parks and that he understands both sides of the issue, that cash in lieu takes care of the existing parks. He stated that he understands that smaller parks are not that desirable, because the Parks Department has to take care of them. He asked if there was a formula for parks. Wilson answered that there is specific criteria for City parks. They have to be a minimum of one acre in size and then other parks in the area have bearing on whether or not a new park is appropriate. She stated that there is specific language in state statutes that speaks to the stated preference of the developer and that consideration has to be given to their preference. In this case the subdivision would need to be bigger in order to make a park work. Hull wanted to clarify the area next to Three Mile Drive will be RA-1 and Wilson answered it would be about a 200 foot lot depth, and that the lot boundaries will follow that. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Anderson moved and Johnson seconded to adopt staff report KPP-03-8 as findings of fact and recommend approval of Raven Rock Subdivision preliminary plat subject to the conditions outlined in the staff report. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 4 of 12 BOARD DISCUSSION Norton questioned whether or not the board should be voting on the preliminary plat until there is a more finalized version of the plat with the required revisions. Wilson said that there are typically minor revisions to a plat, but that the board will not likely see a whole lot of difference overall. She indicated the roadways would be consolidated, but that the basic configuration would remain the same. She stated that the developer will have to redesign subdivision within the constraints that are outlined. She stated that the plats go through a design review phase before the final plat is submitted that this often times will result in minor modifications to the original design. Atkinson stated that he likes a gridded road system, and that this development does not have one. He said that it might have been a good idea to have a lot be set aside for an easement for a road headed east, because we don't know what is going to happen to that next property. He stated that subdivisions are choosing not to be involved with one another and that every time we can, we should look at a gridded system so they can connect with one another. Taylor noted that because the preliminary plat approval is valid for three years, isn't it possible that the property to the east could come before the board, and couldn't one of the phases of this project be altered somehow to adopt a grid system? Wilson answered that the developers could do it independent of the conditions of approval, but the statutes specifically say that subsequent conditions cannot be placed on a plat after approval by the governing body. There was discussion regarding the grid system and interconnected subdivisions. ROLL CALL The motion passed unanimously on a roll call vote. SANTA AND MCKINNON A request by John Santa and John McKinnon, for a CONDITIONAL USE PERMIT conditional use permit to allow a community residential REQUEST facility for eight or fewer people in an R-3, Urban Residential zoning district, located on the southeast corner of Fifth Avenue East and Second Street East. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KCU-03-3 presentation of staff report KCU-03-3, a request for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 5 of 12 Wilson stated that the applicants are asking for a conditional use permit for a community residential facility in an R-3 district, for eight or fewer people. She mentioned that they have been before the board for another facility located one block to the south. The home will be a transitional home for young adults, who are moving from high school to a less structured social environment within the community. The kids will be transitioning into a work environment or a school environment, and will be integrating into the community. The house is fairly large and was previously used as a bed and breakfast. She said that access will be from Second Street East where there is a double car garage and there is also access off of the alley to the east where there is a concrete parking pad where there is room for another four cars. However, residents would not typically have their own vehicles. There is no on street parking on Second Street East. There would be no significant modifications to the home as a result of the conditional use permit. Wilson said that community residential homes have a special status under state and federal statute, that they are considered a residential use for zoning purposes, and no conditions may be placed on them that would not be given to a regular residence. Wilson stated that staff is recommending approval of the conditional use permit subject to the three conditions listed in the staff report. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES John McKinnon, 465 Orchard Ridge, applicant, stated that he directs the Montana Academy, a residential program and accredited high school for troubled teenagers. He said that the proposed use is meant as an extension of the academy, and that by the time the kids move into town, they will have been at the ranch for 14 to 18 months, and this is part of a successful graduation from the Ranch. Many of the kids will be going on to college or jobs. He stated that the point of transition is that kids who leave a protected place and go back to urban life are shocked, and the idea is to expose kids to a community, get used to some of the risks of an urban life. He said there are no drugs, no violence and no alcohol at the academy, and that the kids need to be exposed to these risks so that they can feel competent to manage them for themselves. McKinnon said that it was important to say that these kids are anything but dangerous, and he is not worried about them coming into town. If he was, they would not be asking for a conditional use permit. He said that they are very proud of their kids, and they already have one group Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 6 of 12 home a block away. PUBLIC COMMENT Jerry Begg, 220 Woodland Avenue, read letters from neighbors in the area, including his mother, and from Agnes Knapp, 613 Third Street East. Mrs. Knapp's letter stated that the new group home will be 150 feet from her back door and that she is opposed to the facility. Begg asked where the teens come from and where .their homes are. He had concerns about the road and the possibility that the kids will have cars. He feels that this is a loophole in the zoning laws that allows a commercial business venture in a neighborhood. He also had concerns about the changes to the neighborhood and asked where is the guarantee that there will be no problems with the house or the kids. He would like someone to challenge the law allowing the group home, and he has a different perspective on what is happening in the community. Annesa Santa, 314 Ninth Ave West, addressed some of Begg's concerns. She said the kids' problems and backgrounds are varied, but they are not unusual. She stated that the students will not have cars, and will use bikes, walk and ride busses. The house will have one house car, which is a 15 passenger van, with a staff vehicle also parked at house. She said that there will be two staff members who split the week, and she is the director of both transition homes. She said that the boys in the other house are proud of their garden, and she hopes the girls will also have a garden. She stated that the kids have a curfew, midnight at the latest on weekends and 10:00 on weeknights, and they are not coming and going at all hours. The kids have many conditions placed on them to stay in the house, they are required to be at dinner five nights a week. There is always be a staff person in the house, and there are rules addressing noise. She said that one of the benefits is community involvement, and that she can be contacted if there are issues or problems. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Hinchey seconded to adopt staff report KCU-03-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to John Santa and John McKinnon to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district, subject to the three conditions. BOARD DISCUSSION Atkinson asked McKinnon if the new house is for males or females. McKinnon answered that females will be in the new house, and that males are in the house from last year 305 Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 7 of 12 4th Avenue East). Atkinson mentioned that their track record is very good and there are fewer neighbors attending the public hearing than there were last year for the other home. Norton stated that he appreciated Begg's comments and concerns, but there is no precedent to change the law. He stated that he has had dealings with McKinnon and Santa and is very impressed with the students and Montana Academy. While it is an unusual circumstance, it fits in great with situation and there are quality individuals running the program and they are conscious of the city and the neighbors. Hull commented that 20 years ago the Supreme Court penalized the City of Kalispell for denying a permit for a group home and that the important thing is 24 hour supervision. He said that group homes are far more common that we would imagine and there are lots of them in town. Anderson commented she would love to have the group home next door to her. She has heard no negatives about any group home in town. Atkinson mentioned that he has three or four and a beat up RV in front of his house, and would love to have all his kids eat at his house at the same time five nights a week. He has lived across the street from a group home, and they were the nicest people you would want to know. He is sure that the individuals in this home will prove themselves to be good neighbors. Taylor commented that we have a strong community and that work at 305 Fifth Avenue East has been so successful, it shows we can make things work harmoniously. He said MCA 76-2-402 is not preemptive of no remedy and that if the place turns out to be a nuisance, we do have remedies to take care of it. ROLL CALL The motion passed unanimously on a roll call vote. STROISCH ZONING A request by Leshia Wright Stroisch for an amendment to the ORDINANCE TEXT Kalispell Zoning Ordinance that addresses changes to non - AMENDMENT REQUEST conforming historical residential structures. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KZTA-03-4 presentation of staff report KZTA-03-4, a request to amend the Kalispell Zoning Ordinance that addresses changes to non -conforming historical residential structures. Wilson stated this is a proposal to address modifications to non -conforming structures of historical significance. She said that the applicants are restoring a home in the 400 Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 8 of 12 block of Fourth Avenue East, and have been rehabilitating and restoring the architectural integrity of the structure undermined by those who previously occupied it. She said the applicants are currently working on the outside of the house, and they would like to replace a wrap around -porch that was taken off the home by a previous owner. She stated they want to regain the original architectural integrity of the home, but they have run into problems with setbacks, as this is a corner lot. She said there is a turret on the corner, and the porch wrapped around the front of the house. There is a 15 foot side yard setback on corner lots and so they are prohibited from rebuilding the porch. Wilson stated that a variance would not be appropriate in this instance, because very specific criteria must be met. In this case, there is no hardship and they have reasonable use of the property. Wilson said the variance is not the right approach and staff supports the applicant's decision for an amendment to the Kalispell Zoning Ordinance to create a provision to allow minor expansion into the setback area to gain, regain or restore the historical integrity of the building. She said that this house is in the East Side Historical District and this house is a primary contributor and has architectural integrity that is obvious. Staff would like to accommodate good intentions of enhancing and increasing architectural integrity of the district as a whole and it is good for the community. Wilson noted the growth policy has a section on historical and cultural conservation, and that it encourages supporting efforts of private owners to protect cultural resources. Wilson suggested some minor additions to the new language. that might be eligible or are on the historical registry"...be inserted into the new language and to require review and approval by the architectural review committee. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Leshia Stroisch, 406 Fourth Avenue East, applicant, stated that this is the fifth old home in Kalispell that she has restored. She said that this structure is significant because it has drive by appeal. They have renovated the inside and it is wonderful. It had been neglected for many years. She stated that most people just see the outside of homes, so they are currently restoring it. The house was altered significantly, and it was a Victorian home built in 1894 with copper around the turret and curved glass windows. She said that it was rumored to be built a year before Conrad Mansion was built and that the Conrads lived in it while his house was under construction. She stated the foundation under the porch is actually for another structure, and the Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 9 of 12 house was never meant to be without the porch. She would like to regain the house's historical properties. Back in the day, homes were built right on the property lines. She said the balcony sits on the neighbor's property line. They are building a garage to be nice and attractive and are conforming current building standards. She said the porch is important to getting everything restored on the property. PUBLIC COMMENT Karen Barby, 414 Fourth Avenue East, is the neighbor and stated that it is really wonderful to see what they are doing with this home, and that they are doing a beautiful job. She compared the house without the porch to a wonderful cake with no frosting without the porch. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Hinchey seconded to adopt staff report KZTA-03-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed amendment to the Kalispell Zoning Ordinance be approved. BOARD DISCUSSION Taylor asked if the first section of the section comes under the purview of the architectural review board. Wilson stated that it does not. Atkinson asked if the wording was definitive enough to meet the requirement, if it is contained to work with the kinds of buildings we want to be working with. Johnson asked who decides who might be eligible. Wilson answered that we have a map in the resources and analysis document, and there is a list at the library. She said that if a house was not in the east or west historical district, the applicant would need to demonstrate historical significance. She stated that most structures have been identified. Atkinson mentioned they could apply to be on a historical registry. Hinchey asked if we are only concerned with structures that are currently nonconforming, and what about structures that are currently conforming? PJ Sorensen, Zoning Administrator, suggested a separate section in the zoning ordinance on historically significant residential structures. Wilson suggested that we add a new section tonight so the applicant would not be held up and suggested the title Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 10 of 12 O O "Changes to historically significant residential structures." There was a brief discussion regarding the wording of gain, regain and maintain and on the Architectural Review Committee. It was agreed that only "regain" needed to be in the new section. Atkinson asked Stroisch if the garage was going to be brick. Stroish answered it will only go about half way up to the windows. Hull stated he is glad that the house has to be historically significant and that some precedents have already been set outside of town. He feels it is a good thing that it has to go before the architectural review committee. Hinchey stated he feels we should regain the historical feel of the community, and that the house will be a great asset. Norton stated that they have done a fantastic job, and would like to thank Stroisch for bringing the shortcoming in the zoning ordinance forward. They have done a service to the community. ROLL CALL The motion passed unanimously on a roll call vote.. MOTION Anderson moved and Norton seconded a motion to forward the Kalispell Planning Board 2003/2004 Work Program to the Kalispell City Council. DISCUSSION Hull asked if the bike and pedestrian plan would be included in the list. Wilson answered that it would. Taylor asked if it was appropriate to consider an amendment to the growth policy to allow for an interconnecting grid system of roads with some of these smaller subdivisions. Wilson said she thought it was already in the growth policy, and that someone would need to make a motion to connect the roads when the board sees the need for it. The site review committee will make that recommendation to the board if a road connection would be feasible. Hull asked what happened to alleys being built behind homes? Wilson answered the City does not like to maintain them and that it is a design issue. ROLL CALL The motion passed unanimously on a roll call vote. NEW BUSINESS There was no new business to come before the board. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 11 of 12 ADJOURNMENT The meeting was adjourned at approximately 9:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, August 12, 2003. George T Presiden Judi Funk Recording Secretary APPROVED as submitted/corrected: ':;/ / 1a /03 Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 12 of 12