06-11-02KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF MEETING
JUNE 11, 2002
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: Mark Brechel, Bill Rice, Sue Ellyn
Anderson and Jean Johnson. Ron Van Natta, Jim Atkinson,
and Bonnie Spooner were absent. Narda Wilson represented
the Tri-City Planning Office. There were approximately 5
people in the audience.
APPROVAL OF MINUTES Johnson moved and Anderson seconded to approve the
minutes of the Kalispell City Planning Board meeting of May
28, 2002, as submitted.
On a vote by acclamation the motion passed unanimously.
DENNIS OSBURN/BIG SKY A request by Dennis Osburn for an initial zoning designation
PROPERTIES ANNEXATION of B-2, General Business, upon annexation into the City of
AND INITIAL ZONING Kalispell on approximately one third of an acre that lies at the
southeast corner of Kelly Road and Hwy 93, Big Sky
Properties address 2267 Hwy 93 So. The property is currently
O in the County zoning jurisdiction and is zoned B-2, General
Business.
STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a
#KA-02-6 presentation of staff report KA-02-6, a request for annexation
and initial zoning. The property owner is requesting City B-
2, a General Business zoning district, which is similar in
intent and the types of allowable uses as the County B-2
zoning. The B-2 district is intended to provide areas for
retail sales and services, which might require outdoor display
of merchandise and would service the general needs of the
motoring public. The B-2 areas in the City are typically
located along major transportation corridors. The area
proposed for annexation and zoning contains approximately
16,814 square feet, or 0.386 of an acre. The property is
currently occupied by a small real estate office that fronts
Hwy 93 South and will continue to operate as it currently
exists. Staff reviewed the findings and statutory criteria.
Wilson recommended adoption of those findings and initial
zoning for this property as B-2, General Business, upon
annexation.
Brechel asked and Wilson answered that annexation of Kelly
Road would likely happen when the Green Acres
0 neighborhood is annexed.
APPLICANT/AGENCIES No one wished to speak.
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Minutes of the meeting of June 11, 2002
Page 1
(� PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
PROPONENTS No one wished to speak.
OPPONENTS No one wished to speak and the public hearing was closed.
MOTION Anderson moved and Johnson seconded to adopt staff report
KA-02-6 as findings of fact and forward a recommendation to
the Kalispell City Council that the initial zoning for this
property should be B-2, General Business, upon annexation.
BOARD DISCUSSION Johnson asked and Wilson answered that Public Works is
informed of all annexations and there would be no impacts
on the sewer treatment plant. She said the plant's overall
capacity could accommodate this growth.
ROLL CALL The motion passed unanimously on a roll call vote.
ANTHONY L. LUPO ZONE A zone change request by Anthony L. Lupo from RA-1, Low
CHANGE Density Residential Apartment, to B-2, General Business, on
property that lies on the east side of Third Avenue East and
contains approximately 1.21 acres.
STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a
#KZC-02-1 presentation of staff report KZC-02-1. Wilson explained the
existing zoning and nature of the request noting that the
master plan for this area is Commercial. She said the
property owner is requesting the property be rezoned from
RA-1, Low Density Residential Apartment, to B-2, General
Business. The property owner would like to sell the property
and feels that the zone change to B-2 would offer more
development potential and marketability. Upon review of the
findings of fact and evaluation of the statutory criteria staff
recommended adoption of the staff report and its findings
and that the requested zone change from RA-1 to B-2 be
granted.
APPLICANT/AGENCIES Harvey Paugh, with Western Brokers representing the
applicant, said Wilson covered all the bases. He added that
the small lots shown on the map are not feasible to market
as individual lots and, hopefully, they could market them as
one lot to be developed as multi -family or apartment. He felt
the B-2 would be the best zoning for the area because it is
consistent with the area and they could maximize the
marketability of the property.
PUBLIC HEARING The public hearing was opened to those who wished to
0 speak.
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Minutes of the meeting of June 11, 2002
Page 2
PROPONENTS No one wished to speak.
OPPONENTS No one wished to speak and the public hearing was closed.
MOTION Johnson moved and Brechel seconded to adopt staff report
KZC-02-1 as findings of fact and recommend to the Kalispell
City Council that the requested zone change from RA-1 to B-
2 be granted.
BOARD DISCUSSION Brechel questioned the area where the lots were and Wilson
clarified.
ROLL CALL The motion passed unanimously on a roll call vote.
D. JOE CLARK A request by Joe Clark for a conditional use permit to allow
CONDITIONAL USE PERMIT the construction of 15 apartment units on property zoned
RA-1, Low Density Residential Apartment, at the south end
of First Avenue West on the west side of the road.
STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a
#KCU-02-4 presentation on staff report KCU-02-4, a request for a
conditional use permit to construct 15 apartment units in an
RA-1, Low Density Residential Apartment zoning district.
Wilson explained there would be three four-plex units and
one tri-plex unit with each of the units being two-story in
O design. Access to the site would be from First Avenue West.
Two parking lots would be developed; one at the east end of
the property and another at the west end of the property with
an access road that joins them along the southern boundary.
Wilson said the City of Kalispell would grant the applicant an
emergency access off of the driveway at the west end of the
parking lot to avoid having to put in a turn -around. She
mentioned consideration of sidewalks with a landscape
buffer along First Ave West since it has been required from
the last apartment projects that have come before the board
and noted it was not a condition of the staff report. She said
her office received one phone call from a property owner to
the south. He had concerns about all the access
requirements being met on site, which, Wilson said, they will.
Staff recommended adoption of the staff report as findings of
fact subject to 6 conditions. Wilson noted the addition of
condition #7, that the project comply with uniform building
codes, and condition #8, that an accurately scaled site plan
be submitted prior to applying for a building permit. As an
additional recommendation not related to this project staff
also recommended screening and buffering to be provided on
City property to the north.
�JAPPLICANT/AGENCIES David Graham, 128 W. Bluegrass Drive, spoke on behalf of
/ the owners of the property. He said that as a real estate
broker he's aware of an excessive demand for multi -family
Kalispell City Planning Board
Minutes of the meeting of June 11, 2002
Page 3
properties and felt this is a logical situation in light of the
economy and need for that kind of housing. He felt the
location is good because it is close to the central city. He
said it is definitely not suitable for commercial, or a single
family residential housing location. He noted it is adjacent to
another like property developed with apartments. He stated
the owner will fully develop the property as soon as possible
and that he does not want it to linger in phases. Graham
addressed the site obscuring barrier issue saying the owner
is not highly excited about it. He agreed with condition #2
that if they were required to screen the City should do
likewise. Graham added that if sidewalks are a
consideration they would want the same for the City property
along First Ave West.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
PROPONENTS No one wished to speak.
OPPONENTS No one wished to speak and the public hearing was closed.
MOTION Anderson moved and Johnson seconded to adopt staff report
KCU-02-4 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be approved
subject to the amended 8 conditions and recommend to the
Kalispell City Council that screening and buffering be
provided on the City property to the north along the southern
and eastern boundaries of the site in accordance with
Section 27.22.050 of the Kalispell Zoning Ordinance.
BOARD DISCUSSION Brechel asked if the City was providing for a driveway along
the north side easement and Wilson said, no, the only thing
the City is providing is an emergency access that is 20 feet
wide.
Anderson asked if this was the driveway that went back to
the football fields and Wilson said it went back to a storage
area, which is in the same direction as the football fields but
you can't access them from this driveway.
Brechel asked about the consequences of the driveway
remaining if the City decided to sell. Wilson said it would
have to remain because it is the only access to the back of
the property and any subsequent owner would acknowledge
the emergency access.
Brechel asked for clarification about the required screening
and Wilson noted that it was to buffer the property from the
noise, dust and traffic from the driveway as well as the
storage of items at the City shop such as their garbage cans.
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Minutes of the meeting of June 11, 2002
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U
Rice asked about conditions #7 and #8 and Wilson said site
review recommended them to cover all the bases.
Brechel asked for clarification about the buffer zone on the
full length of the eastern boundary of the City property.
Wilson explained that there is junk exposed in the City shop
and regulations in the zoning ordinance require screening
and buffering for this type of thing. She said it was not only
for the benefit of this property to the south, but for the
general public.
Brechel asked and Wilson explained the requirements of
buffering for new developments, which is not the same as
existing developments. She added that in attempting to
achieve the high standards of excellence the City has set for
itself she felt it was a good faith gesture on their part to
buffer the area from the surrounding uses.
Rice said that since it is at the far end of First Avenue West it
ought to have a sidewalk in front and it should be connected
to the existing sidewalk on the north.
MOTION (AMENDMENT) Rice moved and Brechel seconded to add condition #9 to the
first recommendation requiring sidewalk, per City standards,
to the east side along First Avenue West.
BOARD DISCUSSION Johnson asked if it was for sidewalk, curb and gutter or just
sidewalk and Rice said, just sidewalk.
Brechel agreed that if they were going to set standards they
might as well set City standards. He said some of the
sidewalks go nowhere, but eventually they will go
somewhere.
Anderson agreed they should be consistent in what they were
doing.
Johnson said it was fine to have sidewalks going to nowhere
as long as they are consistent and they match on both ends
eventually
ROLL CALL (AMENDMENT) The motion passed with 3 in favor and 1, Johnson, opposed.
MOTION (AMENDMENT) Rice moved and Brechel seconded to add to the second
recommendation that the City put a sidewalk along First
Avenue West matching the one to the south.
ROLL CALL (AMENDMENT) The motion passed with 3 in favor and 1, Johnson, opposed.
Kalispell City Planning Board
Minutes of the meeting of June 11, 2002
Page 5
BOARD DISCUSSION Johnson asked Graham if they had the ability to provide an
accurate scale of the project and if that should become a part
of the conditions.
Graham said he didn't personally have the ability to provide
that scale and referred to staff. Wilson said it shouldn't be a
problem, that he had to provide an accurately scaled drawing
before he gets a building permit anyway.
ROLL CALL (MAIN) The motion passed unanimously on a roll call vote.
ERIC AND LISA WURSTER A request by Lisa M. Wurster for a conditional use permit to
CONDITIONAL USE PERMIT allow the construction of a four unit apartment on property
zoned RA-1, Low Density Residential Apartment on property
at the east end of Washington Street on the north side.
Johnson disclosed that Wurster works in his office, however
he has no interest in the project, either financially or with
the development. No one had a problem with him remaining
seated on the board.
STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a
#KCU-02-3 presentation on staff report KCU-02-3, a request for a
conditional use permit to construct a four -unit apartment
complex in an RA-1, Low Density Residential Apartment
O zoning district. The footprint of the building is approximately
26 feet by 96 feet and will be two-story and approximately 23
feet in height. Two small decks, one on the front and one on
the rear of the building, would be constructed. The decks in
the front would be approximately four feet wide each
increasing the building width in this area to approximately
34 feet. Staff reviewed the findings of fact and recommended
approval of the conditional use permit subject to 6
conditions.
Johnson noted the accommodation for Eagle Transit and
wondered if they had a requirement or if this was just a
recommendation. Wilson said that whenever there is multi-
family proposed Eagle Transit requests they be provided the
opportunity to comment on the access. She said they have
some general criteria but are flexible.
Johnson asked if they were recommending the driveway be
eliminated on Washington and Wilson said, no, that the off
site parking be re -located on site.
Brechel asked for clarification about the on site parking and
Wilson pointed out where they would add another two spaces
on -site rather than on the street.
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Minutes of the meeting of June 11, 2002
Page 6
APPLICANT/AGENCIES Lisa Wurster, 692 Foys Canyon Road, stated her reason for
doing the project was that she feels it is a good spot for
multi -family because it is close to town, private, and
consistent with the area. She said she has no problem with
putting two more parking spaces on site and the reason they
had them off -site was to preserve the green space. She said
she didn't like having a lot of pavement, and it was not a cost
issue. Wurster addressed landscaping and said she will have
TLC move and re -plant most of the small trees. She also
addressed fire flow saying she had a letter from Jim Stewart,
Kalispell Fire Marshal, and she would be putting in a two-
hour firewall between the units as well as between the floor
separating the units from top to bottom to address the fire
code issues.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS No one wished to speak.
OPPONENTS No one wished to speak and the public hearing was closed.
MOTION Johnson moved and Anderson seconded to adopt staff report
KCU-02-3 as findings of fact and recommend to the Kalispell
C0 City Council that the conditional use permit be approved
subject to staff recommended conditions.
BOARD DISCUSSION There was a brief discussion on the issue of water flow and
water pressure in the area. It was concluded that the fire
department would require adequate flows and the uniform
fire code. If there are problems with water pressure, Wilson
noted the problem would likely be related to service lines.
Wilson stated there are no problems with water pressure or
fire flow within the mains.
Wurster added that Public Works expressed an interest in
obtaining an easement from her to loop the existing fire
hydrant that dead ends on her property. She said the
easement would be okay with her.
MOTION (AMENDMENT) Brechel moved and Rice seconded to add condition #7 to
require a sidewalk along the property line on Washington
Street.
BOARD DISCUSSION There was a brief discussion about where the sidewalk would
be and where other sidewalks exist. It was concluded that if
future improvements are made and an SID was put in place
for the whole neighborhood that would be the time to put in
sidewalks on Washington.
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Page 7
ROLL CALL (AMENDMENT) The motion failed with 3 opposed and 1, Brechel, in favor.
(7) ROLL CALL (MAIN) The motion passed unanimously on a roll call vote.
OLD BUSINESS There was no old business presented.
NEW BUSINESS Rice opened a discussion regarding the public hearing
process.
MOTION Johnson moved and Anderson seconded to amend the rules
of procedure to eliminate the proponent/opponent section.
BOARD DISCUSSION Johnson recommended they not adopt the motion because it
could lead to a potential stacking. He said he didn't agree
with it and that it detracts from the public hearing process.
Rice asked and Johnson clarified that whoever goes first,
proponents or opponents, if there is a group that wants to
dominate a public hearing they would have that opportunity
under this amendment. He said he thought it would detract
from the effectiveness of the public hearing.
Brechel stated he also disagreed with the amendment
because it was sugar coating or trying to be politically
correct. He said it wouldn't change the public's mind and
CJ there would still be some emotion. He added that it would be
nice for them to easily know what the majority is saying and
said he would vote against the amendment.
Anderson concurred stating it's nice to hear who is in favor
and who is opposed. She added that some people don't know
the difference between a proponent and opponent and
thought they might change that to say those in favor and
those against. She said she could not vote for this.
Rice said he was not strong either way. He thought it was a
good idea the public make it clear when they are not a
proponent or an opponent, and said that most people do.
ROLL CALL The motion failed unanimously on a roll call vote.
BOARD DISCUSSION Johnson asked if they were moving the meeting to 6:00 p.m.
for the summer. It was noted that it was discussed at the
previous meeting and there was no desire for that.
Wilson commented on the July and August agenda. Rice
suggested they put the Wolford proposal first on the agenda
and then put the over flow onto the next meeting. Wilson
C� agreed.
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Page 8
ADJOURNMENT The meeting was adjourned at approximately 8:25 p.m. The
next meeting of the Kalispell City Planning Board and Zoning
Commission will be held on Tuesday, July 9, 2002.
Ron Van Natta, Chairman of the Board ebbie Will' s, Recording Sec ar3;
APPROVE a=submit:tte:-d::�/c rected: --7—/--�—/02
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Minutes of the meeting of June 11, 2002
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