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12-09-03KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING (� DECEMBER 9, 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: Rick Hull, Jim Atkinson, George Taylor, John Hinchey, Sue Ellyn Anderson, and -Timothy Norton. Jean Johnson joined the board at. 7:08. Narda Wilson represented the Tri-City Planning Office. There were approximately 15 people in the audience. APPROVAL OF MINUTES Due to some 'errors, the approval of the November 18, 2003 special meeting minutes was moved to the January meeting. HEAR THE, PUBLIC No one wished to speak. ROMAN CATHOLIC BISHOP A request by the Roman Catholic Bishop.of Helena for a zone OF HELENA ZONE CHANGE change from R-4, Two Family Residential, to R-5, REQUEST Residential/Professional Office, for property located at 29 8th Street East in Kalispell. This item was continued from the November 18, 2003 meeting agenda due to a lack of a quorum at the time. Hinchey recused himself as he has family members speaking on the issue. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KZC-03-5 presentation of staff report KZC-03-5, a request by the Roman Catholic Bishop of Helena to change the zoning from R-4, Two Family Residential, to R-5, Residential/Professional Office for property located at 29 8th Street East in Kalispell. Wilson explained that the applicants want to change the zoning in order to sell the property for an office use and it has a law firm on either side of it. She stated that the proposed. R-5 zoning has a minimum lot size requirement of 7,000 square feet with a width of 70. feet. The current R74 zoning has a minimum lot size requirement of 6,000 square feet. The property proposed for the rezoning contains approximately 3,500 square feet, . which makes it nonconforming in both the R-4 and the R-5 zones. Wilson stated there is a single family home on the property which is in good shape, with a single car garage off of the alley. She said the property would be limited in the types of uses that can go in there because of its size. Wilson stated staff felt this was a reasonable request, but staff does see Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 1 limitations to potential use because of the lack of parking on site. There is public parking to the south, or. on the street. She said .that if the property were converted to a. nonresidential use, it would have to be brought up to the fire code. She said the staff is recommending adopting the findings of fact and changing the zoning from R-4 to R-S. PUBLIC HEARING The public hearing was opened to those who. wished to speak on the issue. APPLICANT/AGENCIES Ellen Ries, Caldwell Banker, representing St. Matthews Church and the Roman Catholic Bishop of . Helena, stated that everyone who has looked at the property has wanted a professional office. She stated that her clients realize the restriction on the size of the lot and there is an offer on the property by an attorney and they realize they have to bring it up to code. Taylor asked about the parking problem. Ries said the only way they can see to solve it is to remove the garage and park in the yard. PUBLIC COMMENT Kevin Calhan, 715 Main Street, said he lives on the demarcation line between R-4 and R-5., which is the alley �) running between Main Street and First Avenue .East from Fifth Street East to 13th Street East. It was intentionally. rezoned that way years ago. He said there have been a couple of instances of people wanting to change zoning in the area in order to get a higher price for it over the years, and they have been denied. He stated that this is spot zoning and he would like to see the application denied.. Terri Haueter, 738 First Avenue East, stated that she is the most directly affected by the rezoning because it is in her back yard. She lives to the north. She said that the Church inherited the property from an elderly couple, and now .the Church wants to rezone it. She feels that her privacy will be destroyed because these are not full lots to begin with and there will be doors and windows looking onto her back yard. She feels the rezoning will create additional traffic in the alley and parking problems will occur because of the parking situation. She said the homes on the east side have historical value and asked the board not to start spot zoning. Sean. Hinchey, 728 First Avenue East, stated that he knew that properties close to his were nonconforming, but they don't want to be an island surrounded by offices. He said OKalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 2 that the alley is already busy, that traffic will get worse because an office use will require parking spaces, but there �^ are no spaces on the street. He urged the board to deny the request. He said the property has always been a residence, and now the church wants to maximize their financial interest and rezone it to R-5. Julianne Hinchey, 728 First Avenue East, stated. that she has concerns about. traffic on the alley, and wants to keep the property on the east side of the alley residential. She said they have invested their time and energy in their home and neighborhood, and doesn't want to look out of her kitchen into a parking lot. She .stated she is concerned about spot zoning and the historical value of her home would be in jeopardy if properties around hers would be zoned commercial. Mary Johnson, 611 First Avenue East, stated that she is opposed to this rezoning, wants to maintain the residential areas as residential, and urged the board to oppose the zone change. Ron McDermott, 703 First Avenue East, stated that he wants to preserve his house, and is concerned about rezoning happening throughout the rest of the neighborhood. Kevin Michaelson, 733 First Avenue East, opposed., stated that he wants to maintain the residential integrity of the neighborhood and does not want commercial. Ellen Ries stated the property is currently fenced with a yard, and believes the fence could be maintained. She said the property faces on Eight Street, not First Avenue East. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Johnson seconded to adopt staff report KZC-03-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning for this property should be changed from, R-4, Two Family Residential to R-5, Residential/Professional Office. BOARD DISCUSSION Atkinson asked Wilson if we can change the zoning to whatever it would conform to. Wilson said there would be no zone that would make this property conforming because of the small lot size and that OKalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 3 this is a transition area and there would be limited reuse of the property, because of the size of the lot. Wilson gave examples of some of the types of businesses that could go on the property, typically limited .office uses. Taylor stated that the city needs an . aggressive zoning posture and that we need to define zones. He said it is clear that R-4 goes. right down the alley, and that controls this request. He said this request does not rise to the exception to be allowed R-S. Norton stated that professionally he looks at the highest and best use, and he sees how a. zone change here could do that. However, this may not be the best use of the property at this time, and he doesn't feel the zone change would be for the best. He said we are not here to help the owner create. value for the property. Anderson said that a change to R-5 would not help with the nondeterioration factor associated with an older building and that she would vote in opposition. Atkinson asked Wilson if this motion should fail, do we need a second motion or do we send it to counsel as a request to C deny. Wilson said it would be appropriate if they make a motion to amend the findings to support a denial such as inadequate parking or neighborhood character. Taylor directed that staff amend the findings of fact based on the discussion by the board and comments from the public, to deny the zone change. MOTION (AMENDMENT) Johnson moved and Atkinson seconded to continue the matter until January 13, 2004.with staff: amending. the findings of fact. DISCUSSION Johnson stated that some of the testimony tonight was not exactly accurate in that this is not spot zoning, because this property is contiguous to the R-5 zone. Also parking could be arranged in other areas, for example with a joint use arrangement such as the nearby church. Atkinson said that the integrity of the neighborhood should remain intact, and that a line has been drawn in the sand. Just because a property is nonconforming does not change Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 4 the zoning and he wants to maintain the look of the area. ROLL CALL The motion to continue passed 6-0 on a roll call vote with Hinchey abstaining. SATTERLEE CONDITIONAL A request by Alan and Kandy Satterlee for a conditional use USE PERMIT REQUEST permit to operate a community residential facility / transitional living facility, on property zoned RA-1, Low Density Residential Apartment, at 206 Fourth Avenue East in Kalispell. STAFF REPORT KCU-03-6 Narda Wilson, with the Tri-City Planning Office, gave staff report KCU-03-6, a request by Alan and Kandy Satterlee for a conditional use permit to operate community residential facility / transitional living facility on .property zoned RA-1, Low Density Residential Apartment at 206 Fourth Avenue East in Kalispell. Wilson stated this is a proposal for a transitional facility to be located in an existing house on the southwest corner of Fourth Avenue East and Second Street East, and is zoned RA-1. She said community residential facilities for eight or fewer people are a conditionally permitted use in this zone. The threshold of eight or fewer people comes from the state statutes, which considers these homes a residential. use of property and further states they cannot be denied by the local governing body. The public hearing is to be used as a forum for information and public comments on. of the use. Wilson explained that this property is in the East Side Historic District inventory of homes, and is a beautiful old home which was built in 1901. She said there have been some modifications to the house, but there would be no significant modifications to use.the home as a group home. Wilson explained the site plan and said the property was on the corner of Second Street East and Fourth Avenue East, with a two car garage and another questionable parking space with access from Second Street East. There are two small apartments .along the alley to the west, but they will not be used as part of the. group home and may be leased. She said there are three parking spaces to the south off of the alley. Wilson stated there would be a live in couple operating the facility with 24 hour supervision. There should be less impact than the previous bed and breakfast use, with far fewer vehicles. She said the staff is recommending approval Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 5 with the standard conditions. 'PUBLIC. HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Alan. Satterlee, 121 Rainbow Drive, applicant, stated he is here to address questions and they are applying for licensure with the state. He said the apartments will be leased and not be a part of the program. He stated this is a private facility receiving no state money and they will serve both children and adults. They are discussing licensure with the state and the state says they won't license them because they will serve adults as well as children. Taylor asked who the reporting authority would be.in case of a complaint. Satterlee answered the City and Department of Family Services would handle complaints. Taylor asked about the age range. Satterlee explained they would serve young women coming out of longer residential treatment programs, into a supervised and supportive environment. He said they will use a team approach to consider candidates, they will screen individuals, and will not take candidates with severe needs. They have hired full time house parents who are qualified for the position. PUBLIC COMMENT David Leach, Episcopal Church member, .stated that he is here for information, and that parking is a concern to .them, and asked about the change of use of the building. He stated that the board should be concerned about the people running it and with licenses, financing,. etc. He said the church wants to be a good neighbor, and they just want some information. Patricia Sylvia, stated that CPS only handles up to the age of .18, and 18-22. year olds will be handled by the city. No one else wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 6 MOTION Atkinson moved and Anderson seconded to adopt staff report KCU-03-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit for a youth group home/transitional living facility at 206 4th . Avenue East in Kalispell be approved subject to the three conditions. BOARD DISCUSSION Atkinson asked about the two apartments and if they were a part of the group home. Wilson answered that they are separate dwellings and not be part of the facility nor are they part of the proposal. Norton asked if the CUP was for the dwelling only or the site itself. In other words, if something happened to the house, will the site still have the CUP? Wilson answered this proposal it to allow for the residence to operate as a community residential facility and the apartments would not be part. of the facility. Norton reiterated that a CUP for a community residential facility cannot be denied by the governing body according to state statute. Atkinson asked if the age group at the other transitional homes are also above age 18. Satterlee stated that private youth facilities are not required to. be licensed by the State and the State allows 18 year olds to stay on. Wilson stated that the CUP states that they need to be licensed by the State even if not required by the State. . Atkinson asked if the home qualifies for the exemption if it can't be licensed. Wilson said that there must be some way to accommodate the structure of the ages because the State .licenses group homes for both youth groups and seniors. ROLL CALL The motion passed unanimously upon a roll call vote. KRAMER INITIAL ZONING A request by Ken Kramer for an initial zoning designation UPON ANNEXATION upon annexation to the city of Kalispell of RA-1, Low Density REQUEST Residential Apartment,. on approximately 1.17 acres located in the 1700 block of Fifth Avenue East. C� Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 7 KRAMER, CONDITIONAL A request by Ken Kramer for a conditional use permit to USE PERMIT REQUEST allow a 14 unit apartment complex in the 1700 block of Fifth Avenue East in an RA-1, Low Density Residential Apartment, zoning district. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-21 AND KCU-03-7 presentation of staff reports KA-03-21, a request by Ken Kramer for an initial zoning designation upon annexation to the City of Kalispell of RA-1, Low Density Residential. Apartment on approximately 1.170 acres located in the 1700 block of Fifth Avenue East and KCU-03-7, a conditional use permit to allow a 14 unit.apartment complex on the property. Wilson showed a vicinity map and said the property was recently purchased and is actually two properties and the owners will do a boundary line adjustment to create the 1.17 acre .parcel leaving an existing house on the remaining portion of the smaller parcel. Wilson explained there uses in, the area noting the Birchwood Apartments lie directly to the west and there was recent approval for two triplex units to the north of them. There is infill potential in this area because many of the homes are on much larger lots. She said this property is currently zoned R-4 in the County and has never, been developed. The Kalispell Growth Policy designates this area as Urban Residential that anticipates this type of development. She stated the request for the . RA-1 zoning . complies. with anticipated development in the area and will be constructed to City standards with City water and sewer extended to the property from Fifth Avenue East to the west. The RA-1 zoning has a minimum lots size requirement of 6,000 square feet for. the first duplex plus an additional 3,000 square feet for each unit beyond a duplex with an overall density of one dwelling unit per 3,000 square feet. Wilson said that the RA-1 zone lists multi -family dwellings as a conditionally permitted use. She noted the first site plan was in error with the density was too high at .16 units. She said the applicants modified that to construct a 14 unit apartment complex without changing the footprint of the building. The building would be two stories high, 145 feet in length and less than 35 feet in height with a north/south orientation. The other old buildings on the property would need to be removed. Wilson stated that the internal access road will be Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 8 approximately 40 feet wide and 175 feet long. Excluding the �) access road, this property would allow a maximum density of 14 units. There is adequate usable space on the site for . parking and setbacks. The applicants have relocated the parking outside of the setback area and have created a one way access into the southwestern parking area. Wilson said that access is by a proposed private road easement which makes it a flag lot, but there are no other. means of infill possible here. Wilson explained that staff is 'recommending minor modifications in traffic circulation into the site, which is shown as Exhibit B so the parking area be changed to have traffic enter the parking lot from the south so they don't have to cross traffic and to make public transit and trash pickup easier. The site development review committee is also recommending relocating the handicapped parking spots to the south slightly so that traffic circulation will be better. She said the applicants are proposing landscaping and a play area which they will coordinate with Parks and Recreation for landscaping and amenities.. The perimeter of the site would be fenced. Wilson stated that water and sewer would be extended from Fifth Avenue East to serve the property. A recommended condition of approval is to provide a 20 foot utility easement along the west and north boundaries for future potential extension of water and sewer. There will be a trench for storm water treatment in the middle of the easement which can be worked around. She said the impacts on streets will be lower than a single family development,. with 90 100 one way trips expected once fully developed. Wilson stated that staff is recommending adoption of the CUP with Exhibit B. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Jim Burton, Jackola Engineering, stated the first 150 feet of the property is already in the city. Burton explained, that there will be two and three bedroom apartments. There will be fencing around the perimeter of the site, landscaping and trees, sidewalks, and lighting along the driveway. There will be a landscape buffer along the northern. He also said the area would withdraw from . the rural fire district so that the Kalispell Fire Department would have jurisdiction. PUBLIC COMMENT Glen Allen, a neighbor of the property, .stated that he has Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 9 concerns about the width of the driveway and asked if it was the only way in and out. of the property. He has a lot that he �— can't build on until there is another road out and asked how the fire department will be able to tell who they will serve because it will be a mix of the South Kalispell fire district and the City fire department. Willard Stalkwell stated he has adjoining property, and that this had been a quiet, peaceful neighborhood until the apartments on Fifth Avenue were built, and they have been harassed ever since. He is afraid this apartment complex will be the same. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Norton seconded to adopt staff report KA-03-21 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning for this property should be . RA-1, . Low Density Residential Apartment, upon annexation to the city of Kalispell. BOARD DISCUSSION There was discussion about landscaping and fencing. It was suggested to require perimeter fencing and landscaping. There was discussion about progress. and more people moving in. Wilson addressed some of the questions from the public stating the fire turnaround utilizes the parking lot and has been reviewed by the fire department. The roadway width is a 43 feet wide with a 24 foot wide driving surface along with curb, gutter and a sidewalk on the north side of the road. She said the roadway will accommodate a vehicle going each way. She also stated that this is the City fire department's response area 'once annexed and there will be an address required to be posted along Fifth Avenue East. ROLL CALL (INITIAL The motion passed unanimously upon roll call vote. ZONING UPON ANNEXATION MOTION Hull moved and Atkinson seconded to adopt staff report KCU-03-7 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be approved to allow a 14 unit apartment complex on this property subject to the listed conditions. Kalispell City Planning Board Minutes of the meeting of December 9, 2003 Page 10 BOARD DISCUSSION Norton asked which site plan they are approving. Wilson said the board is approving the site plan that is shown on Exhibit B. Norton asked Burton what his feelings are about the revisions. Burton said they can work with it, but it may be more difficult for trash collection. The board discussed potential amendments to the conditions that would specify a six foot tall perimeter fence, landscaping, shielded lighting and the garbage site be approved by the hauler. AMENDMENT Hull moved and Atkinson seconded to amend the conditions to require a six foot tall perimeter fence, landscaping along the north boundary of the entrance road, shielded lighting and a trash site location which is approved by the hauler. ROLL CALL (AMENDMENT) The amendment passed unanimously upon roll call vote. ROLL CALL (MAIN MOTION) The main motion passed unanimously upon. roll call vote. OLD BUSINESS Wilson explained that Gelinas asked that their application be withdrawn for the time being and believes it will probably. come back before the board within the next six months. NEW BUSINESS There was no new business. ADJOURNMENT The meeting was adjourned at approximately 9:46 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, January 13, 2004 at 7:00 pm. rge r Judi Funk Presid Recording Secretary APPROVED as submitted/corrected: Kalispell City Planning Board Minutes. of the meeting of December 9, 2003 Page 11