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10-10-00KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING OCTOBER 10, 2000 CALL TO ORDER AND Johnson called the meeting to order at approximately 7:00 p.m. ROLL CALL Members present were: Jean Johnson, Rob Heinecke, Don Garberg, Brian Sipe, Don Hines, Greg Stevens, Dale Pierce and Don Mann. Bill Rice had an excused absence. Narda Wilson represented the Flathead Regional Development Office. There was one person in the audience. APPROVAL OF MINUTES On a motion by Heinecke and seconded by Pierce the minutes of the meeting of September 12, 2000 were unanimously approved. ELLIOTT CONDITIONAL A conditional use permit request by the Elliotts to allow the USE PERMIT operation of a day care center for 36 children in an RA-3 district at 1818 Airport Road, Kalispell. STAFF REPORT Narda Wilson gave a presentation on staff report KCU-00-7. The applicants were requesting a conditional use permit to allow the operation of a day care center for a maximum of 36 children. The center would be open Monday through Friday from 7:30 AM until 6:00 PM. The ages of the children would be from infant to eight years old. Small groups of age appropriate children would be created and there would be five staff members. The day care center would be licensed by the state and would be subject to all of the applicable health and safety codes relating to a child care center. Staff recommended the planning board adopt the staff report as findings of fact and forward a recommendation to the City Council that the conditional use permit be granted subject to the five conditions listed in the staff report. Heinecke asked and Wilson answered that yes, it was 18 months, not 12, before expiration of the conditional use permit. Wilson said she would make that correction in the recommendations. PUBLIC HEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS Suzanne Elliott, the applicant, spoke in favor of the day care center saying there was a critical need in the community and that she was receiving calls almost daily asking when the center would be open. She said she would primarily provide a place for infants and toddlers, where the need was most critical. OPPONENTS No one wished to speak in opposition and the public hearing was closed. MOTION Sipe moved and Stevens seconded to adopt FRDO staff report KCU-00-7 as findings of fact and, based on those findings recommend the Kalispell City Council grant the Conditional Use Permit for the day care center subject to the five conditions 1 recommended by staff, amending condition #5 to 18 months instead of 12 months. BOARD DISCUSSION There was a brief discussion about the day care center and the board supported the proposal. Mann asked and Elliott answered that no, she didn't have any problem with the five conditions recommended by staff. ROLL CALL On a roll call vote the motion to adopt staff report KCU-00-7 passed unanimously. DIEBERT ZONE CHANGE A zone change request by the Dieberts from R-3 to R-5 on approximately .33 of an acre of property at 1070 North Meridian Road, Kalispell. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KZC-00-1. The proposed zoning was for R-5, Residential/Professional Office, which has a minimum lot size requirement of 7,000 square feet. The zone change would allow the site to be used for professional, governmental offices, or pharmacies as permitted uses, which were not allowed in the R-3 district. The amendment would also allow duplexes as an additional residential use not allowed in the R-3 zone. Staff (` recommended approval of the requested zone change from R-3 to R-5. As an aside, Wilson stated her concern about the piece -meal approach to zoning on North Meridian. She thought it would be better for the public if they could look at the neighborhood plan for the area, see if it's still appropriate, and perhaps have the City initiate some zoning on behalf of the neighborhood. Wilson stated she would like to see the planning board staff and City Council be pro -active in how the area got rezoned in the future. Mann said he agreed and asked what the process would be. Wilson said they could send a letter to the City Council explaining it and ask them to consider taking a more holistic look at the area with some potential rezoning. She suggested it should be part of the annual work program and said it would be a big undertaking and would require a few work sessions. Garberg asked and Wilson answered, yes, the staff would bring the proposal to the board. She said she would give them maps and direction. Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 2 Sipe asked and Wilson answered that no, when you go from R- 5 to B 1 there wasn't a change of tax structure because taxes were based on use. She said the taxes wouldn't change until the use changed. Stevens asked and Wilson answered that no, the map did not address that area. There was a separate neighborhood plan for Meridian Road. Wilson said they could make a recommendation that the neighborhood plan was obsolete and be replaced with the land use designations that were presented on the map from the planning board. 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 Hines seconded to adopt staff report KZC- 00-1 as findings of fact and recommended approval of the requested zone change from R-3 to R-5 to the Kalispell City Council BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. GLACIER VILLAGE Consideration of appropriate zoning for Glacier Village Greens GREENS ANNEXATION and adjoining property, comprising approximately 110 acres, in AND ZONING conjunction with annexation to the city of Kalispell. STEPPING OFF OF Brian Sipe stepped down due to a conflict of interest. BOARD STAFF REPORT Narda Wilson gave a presentation on staff report KA-00-7 for a City zoning designation to be assigned to the properties intended to be annexed to replace the current County zoning upon the annexation of the Glacier Village Greens area. She said the annexation proceedings were initiated by the City Council's desire to bring in properties that were receiving City services. This matter was before the planning board to consider a recommendation for appropriate zoning for these properties upon annexation. All of the properties in the area to be annexed currently have a residential zoning designation of County R-5, Two Family Residential, that allows single family homes, duplexes and golf courses as a conditionally permitted use. The Kalispell City County Master Plan map designates the area as Urban Residential, which anticipates a density of two to eight dwellings per acre. Staff recommended the same zoning for the Glacier Village Greens development that would be most appropriately zoned City R-4, Residential district, allowing Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 3 duplexes, single family dwellings, and golf courses as permitted uses. Under the City R-5 zoning designation, the district was described as Residential/Professional Office. That district allowed a number of non-residential uses including clinics, i professional and government offices, title companies, etc., but did not list golf courses for permitted or conditionally permitted use. For those reasons Wilson felt the R-4 more closely reflected the County R-5. The adjoining property to the east contains 15 acres and is currently undeveloped with the exception of a residence and is also zoned R-5, Two Family Residential. Mann asked where the 15 acres were located and Wilson pointed them out on a site map and directed him to exhibit B of the staff report. She said it was the Schultz property. Mann suggested that it seemed appropriate the section be commercial. Wilson said it was designated as High Density Residential on the master plan and the part to the east as Urban Residential. She said that with the RA-3 zoning it provided a transition. Wilson stated the definition of RA-3 zoning. The idea, she said, was to provide zoning that was compatible with the B-1 and to allow non-residential and residential uses, while still being in compliance with the master plan. Mann asked and Wilson answered that no, George Schultz had not been consulted. Mann said he thought it was appropriate to consult Schultz. There was a brief discussion regarding the surrounding land use and appropriateness of the zoning recommendation. Stevens asked who assembled the Extension of Services document and Wilson said it was the City's various departments coordinated by the City Manager. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. OPPONENTS Brian Sipe, 1377 Whitefish Stage, George Schultz's son-in-law, spoke in opposition to the proposal. He asked Wilson if the property had to be contiguous to the City in order to be annexed. He said he understood it had to be contiguous and that was the reason Schultz had not been consulted all along, because they had to annex his piece in order to get Glacier Village Greens. Sipe suggested they were not talking to Schultz because they were annexing his property. He said he objected to the whole scenario. He said they had to get him in order to get Glacier Village Greens because there was nothing else contiguous in the City of Kalispell. He said they would run Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 4 over him if they could. There was a brief discussion about notification of property owners and Wilson stated that in accordance with the statute this agenda item required a public hearing, not notification of adjoining property owners. Garberg said he thought it was prudent and proper procedure to send notification. He said he didn't have a problem with the staff recommendation but would like to have input from the owners. Wilson said Schultz was aware of the process and had been in touch with the City Attorney. MOTION Stevens moved and Heinecke seconded that the Kalispell City - County Planning Board and the Zoning Commission adopt staff report KA-00-7 as findings of fact and forward a recommendation to the Kalispell City Council to adopt the zoning as shown in the attached Exhibit B upon annexation into the City of Kalispell. BOARD DISCUSSION Mann asked and Sipe answered that Schultz had no idea of the zoning recommendation or public hearing. JP Sorenson explained the City's reasons for the annexation stating that the question of annexation was not the focus before the board, the zoning was. Hines suggested a motion to postpone and notify landowners in the general area of the pending annexation. Sorenson stated there was notification sent to registered voters at the end of August. Mann agreed with the annexation procedure but thought the problem was that Schultz did not get due process. Sorenson stated he was given notice required by law. He also said that Schultz and his attorney had meetings with the City Attorney to discuss the annexation of his property. He said it was possible he didn't know about the meeting tonight. There was discussion about the City's right to annex property. Sorenson explained the annexation procedure and said there was a protest provision.. The conclusion of the Board was that they were speaking on the zoning, not the annexation. It was suggested that if they thought they didn't have enough information to assign a zoning classification they should consider postponing their recommendation until the next meeting. There was more discussion regarding not having input from the property owner and concerns that it would be costly if he wanted to change the zoning. Wilson responded by citing the Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 5 Kalispell Zoning Ordinance, regarding the assignment of zoning in subsection 4. She concluded by saying that in looking at the Master Plan they tried to be as good as they could be to George Schultz and anything with a more commercial nature would not be in compliance with the High Density Residential designation. Wilson noted that there wasn't any other RA-3 in the area. The Board further discussed the lack of notification to the property owner, Mr. Schultz. Wilson and Sorenson gave comment regarding Schultz's awareness of the pending annexation and said they followed the law regarding notification. Heinecke stated that he supported notification of the owner, and he also agreed with Wilson, that the RA-3 was appropriate zoning. He was willing to make a recommendation and said he would be supportive of the motion. MOTION TO TABLE Mann moved and Hines seconded to table the motion until Mr. Schultz was notified of the meeting set for November 14, 2000. ROLL CALL On a roll call vote Hines, Mann, Johnson, Pierce, and Garberg voted aye. Heinecke and Stevens voted no. The motion to table passed with 5 in favor and 2 opposed. DIVITA ANNEXATION A request by Frank DiVita for annexation and initial zoning AND INITIAL ZONING designation of B-1 on an approximately 9,000 square foot % parcel on the northeast corner of Woodland park Drive and Shady Glen Drive. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office gave a presentation on staff report KA-00-9. The property owner was requesting City B-1 zoning, a Neighborhood Buffer District, which allowed a limited number of commercial uses including professional offices, limited retail, and other businesses intended to service the neighboring residential area. Under the City B-1 zoning district, a slightly broader number of uses would be allowed which would not be allowed under the County B-1 zoning. The purpose of the annexation was so the property owner could connect to City water and sewer services for an artist studio intended for the property. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. OPPONENTS No one wished,to speak. PROPONENTS No one wished to speak and the public hearing was closed. MOTION Mann moved and Sipe seconded to adopt staff report KA-00-9 as findings of fact and forward a recommendation to the Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 6 Kalispell City Council that the initial zoning for the property should be B-1, Neighborhood Buffer District, upon annexation. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. BUFFALO STAGE PHASE A request by Buffalo Chip Partners for annexation of Buffalo V ANNEXATION AND Stage Phase V and an initial zoning designation of RA-1 on INITIAL ZONING property comprising approximately 12 acres, located on the west side of Whitefish Stage Road south of Granrud Lane. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-10 and recommended that the property be zoned RA-1, Low Density Residential Apartment, upon annexation into the City of Kalispell. Wilson stated the proposed RA-1 zoning complied with other zoning in the area and with the master plan and wouldn't change the single family development pattern of the subdivision. 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 Mann seconded to adopt staff report #KA- 00-10 as findings of fact and forward a recommendation to the Kalispell City Council with initial zoning of Buffalo Stage Phase V be RA-1, Low Density Residential Apartment, upon annexation. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. CARVER ANNEXATION A request by Dennis Carver for annexation and an initial AND INITIAL ZONING zoning designation of I-1 on approximately one acre on the north side of Kelly Road and east of Highway 93 South. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-8 and recommended that the property be zoned City I-1, Light Industrial, upon annexation into the City of Kalispell. Wilson stated it was consistent with the area. The applicant intends to build a shop and office and needs City utilities. Heinecke asked and Wilson answered that when you do an annexation by petition it didn't need to be contiguous to the City. Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 7 PUBLIC HEARING The public 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 Sipe moved and Stevens seconded to adopt staff report #KA-00- 8 as findings of fact and forward a recommendation to the Kalispell City Council for the initial zoning of the property to be I-1, Light Industrial, upon annexation. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. OLD BUSINESS Johnson asked Wilson if she worked on the change to non- conforming uses and Wilson said she did not have a chance to do that. Johnson directed staff to prepare a letter to the City Council requesting they pursue same. Wilson stated that at the City Council work session, on September 25th, the Council decided, at the next work session, to talk about an urban growth boundary. They thought it would be beneficial to take the issue back to the planning board to look at. Wilson asked if they wanted to hold a work session. Stevens understood from the session that Wilson would develop some ideas and forward those to the planning board for comment. Wilson said she was in the process of putting that together and would be happy to provide research and ideas for the planning board discussion. The Board concluded they would meet on Tuesday, October 17th, at 7:00 p.m. and Wilson said she would check on the council room, or they could use the conference room. Mann asked if it was appropriate to discuss the Meridian Road zoning at the same time. Wilson said they could take a look at the neighborhood plan. Wilson would include the zoning map and mark the zone change activity over the last couple years. NEW BUSINESS There was a brief discussion about effecting the procedures for statute regarding notifying landowners of a zone change. It was determined they could write a letter to the City Council initiating an amendment to the Kalispell Zoning Ordinance that would require notification of property owners that are being annexed, advising them of a public hearing on zoning. Mann moved and Garber seconded that Wilson prepare a letter to the City Council amending the portion on intent of zoning Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 8 and all voted aye. ADJOURNMENT The meeting was adjourned on a motion by Garberg and seconded by Pierce at approximately 8:40 p.m. The next regular meeting will be Tuesday, November 14, 2000 at 7:00 p.m. Approved as submitted/corrected: _/_/00 Debbie Willis, Recording Secretary Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 9