Loading...
06-12-01KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING JUNE 12, 2001 CALL TO ORDER AND Greg Stevens called the meeting to order at approximately 7:00 ROLL CALL p.m. Members present were: Don Garberg, Dale Pierce, Ron Van Natta, Don Hines, Rob Heinecke, Bill Rice, Brian Sipe, and Greg Stevens. Don Mann had an excused absence. Narda Wilson represented the Flathead Regional Development Office. There were approximately 9 people in the audience. APPROVAL OF MINUTES On a motion by Van Natta and seconded by Sipe the minutes of the meeting of May 8, 2001 were unanimously approved as submitted. JEFFREY C. MEERKATZ A request for annexation and initial zoning of R-2 by Jeffery C. ANNEXATION AND Meerkatz on approximately 0.60 of an acre on property located INITIAL ZONING on the west side of South Woodland Drive and north of Kelly Road. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation of staff report KA-01-1, a request for annexation and initial zoning. The property is currently located in the County zoning jurisdiction and is zoned R-2, One Family Limited Residential. The applicants are proposing City R-2, a O Residential zoning district, which has a minimum lot size requirement of 9,600 square feet and would be required to be served by all public facilities and services. This district is intended primarily for single-family residential dwellings. All of the surrounding residential properties in the area are zoned County or City R-2 and the proposed zoning would be consistent with that which is in the area. Wilson reviewed the evaluation of statutory criteria and recommended the initial zoning for the property be R-2, Residential, upon annexation. Stevens asked if there was any written comment received and Wilson said no, this particular proposal was not required to notice. 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 Garberg moved and Van Natta seconded to adopt staff report KA-01-1 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this Uproperty should be R-2, Residential, upon annexation. Kalispell City -County Planning Board June 12, 2001 Meeting Minutes Page 1 of 9 0- BOARD DISCUSSION Hines asked and Wilson answered that the applicant had filed an amended plat and would not be bringing in all of Lots 4 and 5, just the area where he was building his house, which was sited on the map. ROLL CALL The motion passed unanimously on a roll call vote. DALE W. HAARR, ET AL A zone change request by Dale W. Haarr, et al from H-1 to R-3 ZONE CHANGE on properties located on the east and west sides of Buffalo Hill Drive and containing approximately 3.10 acres. MEMBER REMOVED Rob Heinecke stepped down from the board due to a conflict of interest. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KZC-01-, a proposed zone change from H-1, a Health Care zone. H-1 is intended to provide hospital facilities and supportive services for the community and to provide an area for higher density residential uses such as nursing homes and apartment development to R- 3, a Residential zone that is exclusively a single family zone with the exception of a limited number of non-residential uses that would be considered under the conditional use permit process such as schools, churches and day care center. The minimum lot size requirement for the zone is 7,000 square feet for all newly created lots. The setbacks for the zone are 20 feet in the front, rear and side corner and 5 feet on the sides. Wilson reviewed the findings of fact and statutory criteria, thus recommending approval of the request zone change. Hines asked and Wilson clarified the total charge was $400 and each applicant paid their share of that. APPLICANTS / Margie Simpson, 55 Buffalo Hill, stated that all of the homes AGENCIES were there when the hospital was built and it was originally residential. She noted that the rezoning of the hospital put it into the H-1. Simpson stated they were originally residential and would like to return to being residential. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Rob Heinecke, 206 Ponderosa, spoke in support of the zone change. He noted concern over the traffic of the H-1 district. Heinecke stated the character of the neighborhood was residential and he hoped to protect the integrity of the neighborhood by returning it to residential. He urged the support of the board for the sake of his mother, who lives there. OPPONENTS No one wished to speak and the public hearing was closed. Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 2 of 9 MOTION Sipe moved and Rice seconded to adopt staff report KZC-01-1 as findings of fact and recommend approval of the requested zone change from H-1, Health Care, to R-3, Residential. BOARD DISCUSSION Stevens asked what designated the transition area and Wilson answered that it was designated by the white buffer areas between the colors on the map. ROLL CALL On a roll call vote the motion passed unanimously. Heinecke was reseated to the board. TRINITY LUTHERAN A conditional use permit by Trinity Lutheran School to allow SCHOOL CONDITIONAL the expansion of their existing school by approximately 10,780 USE PERMIT square feet on property zoned R-3 located at 495 Fifth Avenue WN. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KCU-01-2, a request for a conditional use permit to allow the expansion of the Trinity Lutheran School. The expansion would include five new classrooms and a library to replace the makeshift classrooms that currently exist in the school gymnasium. The addition would be located between the existing classroom and the gymnasium on property that is currently a lawn area. The addition would be approximately 98 feet by 110 feet for a total `l of approximately 10,780 square feet. The property is zoned R- �J 3, a Residential zoning which lists schools as a conditionally permitted use. Wilson reviewed the findings of fact and recommended the request for a conditional use permit be granted subject to conditions listed in the report. APPLICANTS / Ken Miller, with Architects Northwest, said they provided the AGENCIES preliminary design for the project. Miller referred to a floor plan scheme and explained the proposed 5 classrooms. He said they were not new classrooms, they were just taking them out of the gymnasium. They were proposing a new library and computer area, which was currently in the loft, additional toilet facilities, and would be remodeling a few areas into office spaces. Essentially, he said, they were providing for inadequate classes that were taking place in the gym. The scheme also showed a possible future expansion. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS David Hobus, Principal of Trinity Lutheran School, stated they had been in existence for 43 years and during that time the school had experienced growth. An enrollment of 240 is what they currently serve. Over the years they were forced to expand 0 into their current facilities and the expansion was an attempt to eliminate inadequate classrooms. In addition, he said it would Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 3 of 9 allow for a remodel of the abandoned classrooms as a music and band room, which currently meets in the church sanctuary. He said they have made every effort to work in their 01 present facility. The change would not negatively impact the area because their intention was not to expand, but to serve more completely. He noted that the school was active in the community and they looked forward to a continued relationship in the future. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Van Natta moved and Sipe seconded to adopt staff report KCU- 01-2 as findings of fact and forward a recommendation to the Kalispell City Council to grant the conditional use permit for the school expansion subject to 5 conditions. BOARD DISCUSSION Heinccke said it looked like an inside infill to the building and it made the whole building work better. He was in support of the project. ROLL CALL On a roll call vote the motion passed unanimously. NORTHWEST HEALTH An amendment to the Kalispell Zoning Ordinance proposed by CARE ZONING TEXT Northwest Health Care for the Summit to amend parking AMENDMENT standards for the H-1 zone to allow parking in the front and side corner setbacks. OSTAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KZTA-01-06, a request for an amendment to Section 27.26.030(e)(2), Parking in the front and side yard setbacks, of the Kalispell Zoning Ordinance. The applicants are proposing to amend this section to include the H-1, Health Care, zone along with the B-1, B-2, B-3 and B-4 zoning district, which allows vehicles to park within five feet of the front and side corner lot lines. Additionally, to allow parking in the side yard setback as .long as a sight obscuring fence or landscaping is constructed along the side lot line unless it is next to a parking lot. Wilson reviewed the findings of fact and statutory criteria, thus recommending the Kalispell City -County Planning Board adopt the findings and recommend that the Kalispell Zoning Ordinance be amended to include the H-1 zone to allow parking in the front and side corner setbacks. Garberg asked and Wilson answered that this corner area was the only one zoned H-1. 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. Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 4 of 9 MOTION Rice moved and Pierce seconded to adopt staff report KZTA-01- 06 as findings of fact and, based on those findings, recommend C� to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to include the H-1 zone in Section 27.26.030(e)(2), to allow parking in the front and side corner setbacks. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. KALISPELL BUILDING, An amendment to the Kalispell Zoning Ordinance proposed by LLC ZONING TEXT Kalispell Building, LLC to amend the permitted uses in the I-1 AMENDMENT zoning district to include a "restricted retail" category. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KZTA-01-05, a proposed text amendment to the Kalispell Zoning Ordinance that will include a new category of permitted uses under Section 27.18.020, Permitted Uses, I-1, Light Industrial, of "retail restricted". Additionally, a definition of "retail restricted" will be added to the regulations. Wilson reviewed the statutory criteria and recommended adoption of the findings of fact and the definition described in the attached exhibit. Pierce asked if it was for a specific property or just in general. Wilson answered that it was intended for a specific property, �J but it would serve a general purpose. Wilson stated that David Greer, a local land use consultant, assisted the applicants in coming up with the idea of a retail restricted use. Wilson said theirs was a broad category of retail restricted uses and they were hoping this would make life easier for everyone. Pierce asked if it was specifically the Westmont Tractor property and Wilson said, yes. APPLICANTS / No one wished to speak. AGENCIES PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Charles Lapp, 3230 Columbia Falls Stage, said they run Alpine Auction Services on Kelly Road and they have several acres of property they are looking at developing. He said they were not in the City, but were facing annexation. They are currently zoned County I-1. He stated they were in favor of the proposal from the standpoint that over the past 6 years there was one person who would have leased if they would build them a building, but they didn't qualify because of the restrictions of _ the zoning. He said that anytime it opened up to more uses for the property it made it. a lot easier for people to set up businesses and they wouldn't have to go to a specific location. Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 5 of 9 In their case, on Kelly Road, there were a lot of diverse businesses. He stated he was in favor because they would be able to build a building without going through a conditional use permit process and that anytime it opened up more uses for the zoning areas he thought it was a good thing. Stevens asked if Lapp had any experience in land use planning and if he was a member of any planning board. Lapp said yes, Columbia Falls City -County Planning Board. Stevens asked what his opinion was of allowing industrial zones, if someone wanted to upgrade to a higher use of retail, and making that a natural process. Lapp said he would be in favor of that. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Pierce moved and Van Natta seconded to adopt staff report KZTA-01-05 as findings of fact and recommend to the Kalispell City Council they include "retail restricted industrial uses" in the I-1, Light Industrial, zoning district. And that a definition be adopted as described. BOARD DISCUSSION There was a brief discussion about the interpretation of the ordinance. It was concluded that it was better to look at each case, as to whether it was primarily industrial or retail. ROLL CALL The motion passed unanimously on a roll call vote. JACKOLA ENGINEERING An amendment to the Kalispell Zoning Ordinance proposed by AND ARCHITECTURE Jackola Engineering and Architecture to amend the maximum ZONING TEXT building height in the B-2 zoning district from 35 feet to 50 feet. AMENDMENT STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KZTA-01-4, a proposed amendment to the Kalispell Zoning Ordinance to Section 27.14.040(4), maximum building height in the B-2, General Business, zoning district from 35 feet to 50 feet. The applicants are proposing to amend this section to increase the height limitations in the B-2 zone to accommodate a new development project which is planned for the Southfield Tower property located on the east side of Highway 93 South, formerly Haven Field. This amendment could affect all properties in the B-2 zoning district. Wilson reviewed the findings of fact and statutory criteria. Staff recommended, because of the fire safety concerns, the change in height limit be made to the B-2 and B-3, Community Business, zoning districts that would increase the building height limit from 35 to 40 feet rather than the requested 50 feet. There was discussion regarding the height of the clock tower. Wilson stated that the building was at about 35 feet and the clock tower was taller because it was considered an Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 6 of 9 embellishment and was exempt from the height limit. The board questioned the fire marshalls concern with buildings over 40 feet, which they believed was too vague. Wilson said the proposed height increase went to site review where the fire marshal recommended the 40 foot limit rather than the 50 foot Emit because of limitations of their ladder truck. She in the future she would include those comments. Stevens suggested that either a letter from the fire marshal be included or that he attend the meeting to explain their concerns. There was discussion about regulating a standard height for buildings due to current fire equipment access standards when the height restriction may be outdated in a few years if access equipment changed. It was concluded that they would hear from the applicant before deciding how to proceed. APPLICANTS / Sharon Jackola, representing the applicants for the proposal, AGENCIES stated she was at site review and the fire marshal said he would be comfortable with 40 feet, but she did not know the details beyond that. He did say he would go with 40 feet, she stated, and added that the project was urgent because it was moving along and asked if they could come to a decision quickly. O Pierce asked if she would compromise with 40 feet and Jackola said yes, for this project. She said the reason she asked for 50 feet was because every project was different and in order to get the height under building code it started to change the project. She asked if it was possible to get a little extra height. She added that they would be able to do more with the project and that in the past it had been a problem with other projects. She said they should have asked for the text amendment before because it made it more difficult when it didn't have to be that way. PUBLIC HEARING PROPONENTS OPPONENTS BOARD DISCUSSION Heinecke asked how tall the clock tower was and Jackola said it was at 45 feet, which was higher than the new building. The public hearing was opened to those who wished to speak on the proposal. No one wished to speak. No one wished to speak and the public hearing was closed. Height restrictions were discussed in other zones noting that B- 4, B-5, and the I-1 all had height limits in excess of 35 feet. Stevens said there was no rational, logic or a hard and fast rule. He suggested they might want to review height restrictions in Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 7 of 9 other zones. Wilson noted the recommendation was to include other B-3 districts and asked the board to note that the other zones all currently exceeded the 35-foot height limit. She said this would make it more consistent. Sipe said he was inclined to approve the original request for 50 feet and if the fire marshal was opposed to that he should have been there. MOTION Sipe moved and Van Natta seconded to adopt staff report KZTA- 01-4 as findings of fact and, based on those findings, recommend to the Kalispell City Council that the amendment be made to the B-2, General Business, and the B-3, Community Business, development . standards that would increase the building height limit from 35 feet to 40 feet. BOARD DISCUSSION Stevens said it was his personal feeling to leave it as it was. Garberg pointed out that, based on previous public hearings, the public would have a reaction to this change and they might want an opportunity in the process. Wilson suggested an alternative, for buildings exceeding 40 feet to be reviewed as a conditional use permit process so the public was noticed, and there would be an opportunity for a public hearing. ROLL CALL On a roll call vote the motion passed with 5 in favor and 3, Sipe, Hines and Pierce opposed due to the fact they would have 0 supported the approval of 50 feet. 1 OLD BUSINESS Discussion regarding the status of the Kalispell City -County Growth Plan. Wilson said a packet would be in the mail tomorrow or the next day with a semi-final draft of the Growth Plan and Resource and Analysis Section. She noted it would go to review at the Kalispell City Council work session on June 25f• She added that once the County Commissioners signed off on it there would be a public hearing. Wilson said she would welcome further consideration of the rural component. Discussion of the Planning Offices and Joint Planning Boards new business. Garberg asked about the extraterritorial boundaries. Wilson explained the City would process the applications inside the City limits that dealt with the Kalispell Zoning Ordinance. She also explained the transition process of both the City and County offices, where they would be located and when they would be processing applications. There was a brief discussion regarding summer hours. It was concluded they would remain at 7:00 p.m. throughout the summer. There was additional discussion on the future role of the planning offices and staff. It was recommended that Forrest Sanderson be included in a work session to discuss future Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 8 of 9 r L format and procedures. Wilson suggested they wait until after July. because of the hectic pace of the current situation. Stevens said he would talk to Forrest personally. NEW BUSINESS The discussion on Parking Standards was continued until the July meeting. Wilson asked for a clearer definition of what the board would like her to do. Heinecke said he was hoping to look at the overall parking requirements. It was concluded that Heinecke would research the parking standards as they were now and report back with recommendations. Heinecke added there was a whole new issue with building height restrictions, but he didn't want to start that until he was done with the parking issue. ADJOURNMENT At approximately 9:00 p.m. the meeting was adjourned. The next regular meeting will be Tuesday, July 10, 2001 at 7:00 p.m. Approved as submitted/ or'rected '� / % U/ 01 O Debbie Willis, Recording Secretary Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 9 of 9