Loading...
05-13-03KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING (� \ MAY 13, 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: Ron Van Natta, Rick Hull, Jean Johnson, Jim Atkinson, Sue Ellyn Anderson and Timothy Norton. George Taylor was I absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 7 people in the audience. APPROVAL OF MINUTES Johnson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission special meeting of April 29, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. MEADOW PARK INITIAL The City of Kalispell has initiated annexation proceedings for ZONING Meadow Park and adjoining property to the west under MCA 7-2-4301, Annexation of Contiguous Land. The Kalispell City Council passed Resolution 4782 to annex the area on May 5, 2003. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KA-03-9 presentation of staff report KA-03-9, initial zoning of approximately 49 acres of mostly residential property in Meadow Park subdivision, located southeast of Kalispell, primarily south of Kelly Road. Wilson stated that this is the first phase of probably a three phase annexation of the Greenacres area by the City and this is known as the Meadow Park Annexation. All properties proposed for annexation are currently on Kalispell sewer and water or have access to sewer and water. Wilson stated that a letter was sent to all property owners included in the annexation area, plus all property owners within 150 feet of the annexation boundaries. She said that the Kalispell City Council annexed this area on May 5, 2003, and that they chose to annex the area before the hearing on the zoning. She noted that the staff attempted to provide a recommendation for City zoning similar to what the area is zoned currently under the County. She stated that the residential areas contain approximately 30 acres and are currently zoned County R-5, a Two Family Residential that allows duplexes and single family dwellings as permitted uses and has a 5400 square foot minimum lot size Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 1 requirement. Wilson said that the closest City zone is City R- 4, Two Family Residential which is duplex/ single family zone, with a minimum lot size of 6000 square feet. She stated that the staff is recommending an R-4 zoning designation for the residential area upon annexation. Wilson stated that the area to the west, which is currently, zoned I-1, Light Industrial contains about 19 acres. She stated that staff is recommending that City B-5, an Industrial / Commercial zoning designation be assigned to that property, because it reflects the same uses as the current County I-1, but accommodates a broader range of uses than the City I-1 zone does. She said that the property does not create nonconforming uses when annexed and zoned as B-5. Wilson stated that the Kalispell Growth Policy anticipates these residential areas to develop as urban residential, so that the proposed City R-4 zoning complies with anticipated use in the area. She stated that that is about 30 acres of the 49 acres and that the remaining 19 acres are anticipated to develop as Light Industrial. She stated that the recommended zoning complies with the Kalispell Growth Policy and is also a close reflection of existing zoning on property. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. No one wished to speak and the public hearing was closed. MOTION Atkinson moved and Norton seconded to adopt staff report KA-03-9 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for residential areas of Meadow Park be City R-4, Two Family Residential, and B-5, Industrial/Commercial for the other areas. BOARD DISCUSSION Atkinson asked Wilson if it was true that industrial zoning could not be annexed into the city, and the B-5 area is currently County I-1. Wilson answered that there are caveats to that rule and that the properties actually have waivers to protest annexation because they are connected to utilities. She also stated that the two properties zoned I-1 are already in the city and were annexed earlier. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 2 GRACE INITIAL ZONING A request by Scott and Wanda Grace for an initial zoning UPON ANNEXATION designation of R-4, Two Family Residential, on approximately one acre located at the southern terminus of Fourth Avenue West upon annexation. Anderson disclosed that her employer, Glacier Bank, is involved with the project but that she has not personal interest or gain. The rest of the board was agreed that this was not a reason for her to step down on this project. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KA-03-10 presentation of staff report KA-03-10, a request for initial zoning upon annexation of approximately one acre located at the southern terminus of Fourth Avenue West. Wilson stated that this is an approximately one acre portion of a tract proposed for annexation and will be subdivided at some point in the future. She stated that it will probably come in as a minor subdivision and will go directly to the city council. She stated that the property is currently zoned R-5, a Two Family Residential zoning district in the County that allows duplexes and single family dwellings as permitted uses. The closest zoning designation to that is City R-4, which also allows duplexes and single family homes but requires a slightly larger lot size. She stated that the utilities for the site are in the road to the west with a fire hydrant at the end of the road. The extension of utilities to the site would be simple. She said all residential uses in the area are similar to that being proposed, primarily single family residential and some duplex units. She noted that there is a duplex on the Hunter Addition immediately to the west and that the plans to develop this property are entirely consistent with the neighborhood, and the kind of development we would anticipate for the area. She said that the Kalispell Growth Policy anticipates this area to develop as Urban Residential and the R-4 zoning designation is consistent with that designation and public utilities are readily available. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Tom Sands, 2 Village Loop, Kalispell, stated that they have been helping the developers, Scott and Wanda Grace, with the project and that he is here to answer questions. He stated that Scott and Wanda Grace and Scott's grandmother, the owner of the property, are also here to answer questions. Scott Grace, the property owner and applicant stated he felt there is a shortage of upscale townhouses available which are attractive to a certain type of clientele. He stated that there are not enough single level townhomes on the market. He said that he uses all local contractors, which keeps Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 3 dollars in the valley. The development will have off street parking, and because they are single level, they will not block anyone's view. He said that water and sewer will be available to others at the end of the street, if they want to connect, and that the townhouse yards will be fenced and landscaped. He stated that the land has been in his family for 50 years and it has sat vacant. PUBLIC COMMENT Jan Cusick, who lives at the top of 4th Avenue West, said her concern is that 4th Avenue West is very narrow with no alley access. She said that the traffic is bad and that they have had problems with people parking on the street, and children play in the street constantly. She stated that traffic is very bad, particularly during football games. She said that she has 10 acres with horses and that Ashley Creek is right there, and that she has worries about her liability with kids sledding, etc. She is worried about the increase in traffic and kids running around. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Johnson seconded to adopt staff report KA-03-10 as finding of fact and, based on these findings, recommended to the Kalispell City Council that the initial zoning for this property should be R-4, Two Family Residential, on approximately one acre upon annexation to the City. BOARD DISCUSSION Norton thanked the Graces for seeing the need in the community for single level townhomes. Wilson spoke to concerns about on street parking stating that the design they have discussed for any future subdivision would involve a cul-de-sac which would come off of 4th and be built to city standards. She stated that any additional development that would occur would be from the new city street with new access to those lots with off street parking. She stated that any additional on street parking should be minimal. Van Natta asked if it would be an extension of 4th Avenue West to the south. Wilson said it would be. ROLL CALL The motion passed on a roll call vote. RHODES ZONING TEXT A request by Mark Rhodes to amend Section 27.13.020 of AMENDMENT REQUEST the Kalispell Interim Zoning Ordinance, permitted uses in the B-1, Neighborhood Buffer District, to allow limited drive through facilities and residential uses as additional permitted uses in the district. Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 4 STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KZTA-03-3 presentation of staff report KZTA-03-3, a request for a zoning text amendment to allow limited drive through facilities and residential uses as additional permitted uses in the B-1, Neighborhood Buffer District. Wilson stated that the applicant wants to do a small espresso drive through, which is not permitted in the B-1 district. She stated that the applicant convinced her that if it was on a small enough scale, and if it were limited in size and the number of driving lanes, it would be a use that would contribute to that district. She stated that there is a small single family dwelling located on the lot, and there are no residential uses listed in the B-1 zone even though it is described as a transition area for residential uses. She stated that this was an opportunity not only to address the applicant's needs and plans, but an opportunity to take a closer look at the B-1 zone to reflect the mixed use district it was intended to be. Wilson stated that they are recommending some nonsubstantive changes to the B-1 zone and the intention is to clean up some of the language that is superfluous. She said that residential uses are part of application, but that it was inconsistent to have accessory apartments as a conditionally permitted use so that was moved to a permitted use category. She stated that the rest of the changes were minor tweaks that provided clarification. Duplex and single family residences are recommended as permitted uses and multifamily and bed and breakfasts are recommended as conditional uses. Wilson said that she saw this as a way to further develop a mixed use zoning district that could apply to other areas of city. Wilson stated that the uses that have been added will be complementary uses of the district, further goals of the growth policy, and as a neighborhood buffer district it seems reasonable there should be a certain mix of residential uses. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Mark Rhodes, 72 Park Street, the applicant for the changes stated he was looking for a location that would not impact another espresso business. He stated this property is on North Main and that they looked at traffic impacts; they looked for a location in a neighborhood and wanted. to channel traffic through their location not create more. He said they wanted to use the small house on the property and to combine the two, the rental house and the drive through, into one permitted use. Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 5 MOTION Johnson moved and Atkinson seconded to adopt staff report KZTA-03-3 as findings of fact and recommend amending Section 27.13.020 of the Kalispell Interim Zoning Ordinance to allow limited drive through facilities and residential uses as permitted uses in the B-1 Zoning District. BOARD DISCUSSION Atkinson asked if the Healing Church was close to this location. Wilson answered the church is zoned R-3 further to the north, and that the location mentioned is just across the highway from Flathead Credit Union. Johnson reminded the board that this is a request for a zoning text amendment for the entire city, not a single property. He wanted to applaud staff for bringing it forward with the other changes to the B-1 zone. Wilson agreed this is not geared to a specific property and the board should be asking, "Is it appropriate for all B-1 zoning"? She said that there is not that much B-1 zoning in the City. She noted the text amendment would bring the bank into compliance, although the square footage may be over by a little bit. Norton stated that he feels we should be more broad based, and that our zoning should not be so restrictive. Atkinson also applauded staff for bringing this forward with the additional changes, and being open-minded enough to take a look at it. He stated he felt they were supporting a citizen as well as the citizenry. Hull asked if the B-1 zone is in residential areas, and if it is surrounded by houses, then he feels that a drive through is a rather intensive. use and that neighbors may then want a commercial use for their houses. Wilson answered it is typically on a corner of minor arterials or collectors, and that the answer would be no, they are not surrounded by houses. She stated that the next time a text amendment comes up, a map of the affected areas might be helpful. ROLL CALL The motion passed on a roll call vote with Hull voting against. OLD BUSINESS This is Ron Van Natta's last meeting. Atkinson thanked VanNatta for his service to the Board and the City Council. Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 6 NEW BUSINESS Wilson stated that with Ron Van Natta leaving, a new planning board member will be appointed on June 2, 2003 by the mayor and council and will be seated on June 10 for that meeting. She stated that George Taylor, as vice- president, would now be president if he wants the position. A new vice president will be named June loth. She stated the board would be looking at their annual work program for the coming year fiscal year. She said they would take the update of the "master plan" / growth policy off the work program list and the zoning ordinance should probably be moving to the top of the list. Wilson said they would probably need to schedule a work session in June after the new member is seated to review the work program. She will include a list of last year's work program so that the Board can think about which project should be added to the list. Wilson said the council has been looking at updating the sign ordinance as a project and it would be a good idea to prioritize some of the zoning ordinance chapters beforehand. She said that some of the growth policy specifically dealt with zoning ordinances and changes should further goals and policies. Hull asked why the pressure for single family homes all of a sudden. Wilson answered that the actual hot market at present are the duplex townhouses and that part of it is the aging of our population. She said that retirees don't want yard upkeep. Wilson stated that we are lacking in multifamily development and that we should make multifamily development easier to accomplish. She said that building permits show that we are in a major boom time. Johnson says he has never had anyone call wanting to buy a whole subdivision before now and agreed we are in a boom. ADJOURNMENT The meeting was adjourned at approximately 8:10 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, June 10, 2003. n Ron Van Natta, President Judi Funk Recording Secretary 0 APPROVED as submitted/corrected: / /03 Kalispell City Planning Board Minutes of the meeting of May 13, 2003 Page 7