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11-13-01KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF THE MEETING OF NOVEMBER 13, 2001 CITY PROJECTS CALL TO ORDER AND ROLL Chairman Greg Stevens called the meeting to order at 7:00 CALL PM. Members present were: Don Garberg, Dale Pierce, Ron Van Natta, Bill Rice, Greg Stevens, Brian Sipe, Don Hines, Rob Heinecke and Don Mann, Narda Wilson represented the Tri-City Planning Office. There were approximately 15 people in the audience. APPROVAL OF MINUTES OF There was a motion by Heinecke and second by Rice to THE OCTOBER 9, 2001 approve the minutes of the meeting of the October 9, 2001 MEETING meeting as amended. Heinecke noted that on page 9 under roll call the vote was not unanimous, and that it didn't state who voted in favor or in opposition. Heinecke also stated that the minutes were very well done, and since he had missed that meeting by reading the minutes it seemed as if he had been there. FLATHEAD VALLEY A zone change request for approximately 4.6 acres by ORTHOPEDIC PROFIT Flathead Valley Orthopedic Profit Share from B-1, SHARE ZONE CHANGE Neighborhood Buffer District, to B-2, General Business, on property that lies between the east side of North Meridian Road and the west side of Hwy 93 north of Three Mile Drive. STAFF REPORT #KZC-01-4 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KZC-01-4 saying this was a request for a zone change on approximately 4.6 acres located to the south of Automotion and Kalispell Muffler, with the old Pacific Power building across the street. Wilson said the lot was basically undeveloped and was between Highway 93 and Meridian Road. Wilson said the owners had been trying to sell the property for several years and were asking for the zone change to market the property. Wilson said the property was in the North Meridian Neighborhood Plan and is designated as commercial. Wilson also noted that Meridian Road is scheduled to be upgraded and would be adequate to accommodate the additional traffic from the higher intensity development of the property. Wilson said staff is recommending approval of the zone change from B-1 to B-2. APPLICANT/AGENCIES Dr. Ingham spoke in favor, saying the group had purchased the property several years ago when it had been zoned residential. Ingham said the area had been rezoned to B-1 and now that the town is growing this zone change seemed like a logical step. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 1 of 5 PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak. OPPONENTS There was no one who wished to speak and the public hearing was closed. MOTION Mann moved that the Kalispell City -County Planning Board and Zoning Commission adopt staff #KZC-01-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the requested zone change from B-1 to B-2 be granted. Sipe seconded the motion. BOARD DISCUSSION There was no Board discussion. ROLL CALL The motion passed unanimously with nine in favor and none in opposition. SHINING MOUNTAIN A request by Shining Mountain Church for a conditional use CHURCH CONDITIONAL USE permit to allow the expansion of an existing church located PERMIT at 475 Eight Avenue E.N in an R-3, Residential. STAFF REPORT #KCU-01-6 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KCU-01-6 saying this was a request for a conditional use permit to allow the expansion of the existing church on an undeveloped area to the east. Wilson said the property contains approximately one full city block, about one acre in size, and the expansion would contain approximately 1,643 square feet, and the church would almost double in size. Wilson said the setbacks had been calculated by taking the front setback from Oregon Street of 20 feet, a side corner setback from 8th Avenue EN, which made the east setback as the side yard of 5 feet. Wilson said she was mentioning this because there was some subdivision potential for the property, and because the lot is very long and narrow and had not been subdivided like lots to the east or west, if it was subdivided what is now the side yard setback would turn into the rear yard setback and the building would become non -conforming in regards to the setback because there is a 20 foot requirement. Wilson said she had talked to the owners about the potential of subdividing the property. Wilson said there are two existing accesses to the site from 8+h Avenue EN which likely be improved if the expansion is approved, and the two existing parking lots would be expanded to the east. Wilson said the parking spaces were based on seating capacity of one space per five seats, and based on 150 seats they would need 32 parking spaces and the church had 36 spaces. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 2 of 5 Wilson said there was a 16 foot alley east of property which didn't really exist and there were a number of encroachments into the alley such as fences, sheds, parked vehicles, firewood, etc., and staff is recommending that they abandon the alley which would provide eight additional feet on either side of the center of the alley and would bring the rear of the building from within five feet to within 13 feet. Wilson said staff is recommending approval of the conditional use permit subject to the conditions as listed. Van Natta asked why they were recommending abandoning the supposed alley since the sewer runs down it. Wilson said they could get an easement for the sewer line maintenance since they wouldn't be using it for access as long as there was no permanent structure on it. APPLICANT/AGENCIES Christa Borne, pastor of the church, spoke in favor saying the church had been owner/ occupants of the property since 1981 and had always had good relations with the surrounding residences in terms of parking. Borne said at this point there were no plans to subdivide the property, and if in the future there were a need to expand, they would look at a new site and build a new church. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak OPPONENTS There was no one who wished to speak and the public hearing was closed. MOTION Rice moved that the Kalispell City -County Planning Board adopt staff report #KCU-01-6 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the following conditions as listed. Hines seconded the motion. BOARD DISCUSSION Mann asked Wilson to clarify the setback issue. Wilson said the property was now all one lot, and instead of being 300 feet long and 142 wide, an area like this would typically be divided into six lots of 50 feet each. Wilson said the owners had enough property to create two additional lots. Wilson said the narrow part of the lot is now considered the front and the long side is the back of the lot, and if the property was subdivided then. the long side would become the front and the narrow side the rear and more than a five foot rear yard setback is required. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 3 of 5 Mann asked if the five-foot setback was adequate now. Wilson said it was especially if they abandon the alley because that would give them another eight feet to make a 13 foot setback. Mann asked if there weren't building codes that addressed setbacks. Wilson said there was, but often the zoning is more restrictive. Heinecke said he was in favor of the project and because the building was so far towards the back of the lot the addition wouldn't detract from that view of it and from 8th Avenue EN it would be behind the building. ROLL CALL VOTE The motion passed unanimously with nine in favor and none in opposition. CITY OF KALISPELL The City of Kalispell has initiated the annexation to annex a ANNEXATION small strip of property approximately 20 feet wide and 300 feet long on the south side of Summit Ridge Drive west of Parkway Drive that contains approximately 5,052 square feet (012 of an acre). This annexation is a housekeeping item since this strip was inadvertently omitted when the properties of which they are a part of were made part of the city of Kalispell in 1984 STAFF REPORT #KA-01-7 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report #KA-01-7 saying this was a request for annexation of the northerly strip of Lots B and C of Northridge Summit, the northerly strip of Northridge Summit Amended Subdivision Lot D, and the northerly strip of Assessors Tract 2W. Wilson said the area proposed for annexation is approximately 20 feet wide and 200 feet long, and staff is recommending R-3, Residential zoning which reflects the existing zoning of the neighboring properties. Wilson said staff was recommending approval of the annexation and initial zoning of R-3. Van Natta said Lots B and C are not developed, but there was a residence on Lot D. APPLICANT/AGENCIES There was no one who wished to speak. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak. Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 4 of 5 i OPPONENTS There was no one who wished to speak and the public hearing was closed. MOTION Pierce moved that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KA-01-7 as findings of fact and forward a recommendation to the Kalispell City Council to adopt R-3, Residential, upon annexation. Van Natta seconded the motion. BOARD DISCUSSION There was no Board discussion. ROLL CALL VOTE The motion passed unanimously with nine in favor and none in opposition. The City portion of the meeting was adjourned at 7:30 p.m. GrekStns, hairman Sandie Mueller, Recording Secretary APPROVED as submitted: —1� / corrected Date: Kalispell City -County Planning Board Minutes of the meeting of November 13, 2001 Page 5 of 5