Loading...
11-14-00KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING NOVEMBER 14, 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, Bill Rice, Don Mann, Dale Pierce, Brian Sipe, and Greg Stevens. Don Hines and Don Garberg were absent. Narda Wilson represented the Flathead Regional Development Office. There were approximately 9 people in the audience. APPROVAL OF MINUTES On a motion by Heinecke and seconded by Sipe the minutes of the meeting of October 10, 2000 were unanimously approved. MYERS ZONE CHANGE A zone change request by Robert and Patricia Myers from I-1H to I-2 at the 93 Wood Products on approximately six acres on the east side of Highway 93 South. STAFF REPORT Narda Wilson gave a presentation on staff report FZC-00-7, a zone change request from a I-1 H, Light Industrial Highway, zoning district to a I-2, Heavy Industrial, zoning district. Currently 93 Wood Products occupies the site as a nonconforming use because lumber mills and wood processing plants are not listed as either a permitted or conditionally permitted use in the I-1H zoning district. Under the Flathead County Zoning Regulations, nonconforming uses can be expanded up to 50 percent subject to the granting of a conditional use permit by the Flathead County Board of Adjustment. However, the applicants would like to make an addition to their existing operation by adding a drying kiln. This may have constituted more than a 50 percent expansion of the square footage of the building, and the applicant felt that the zone change was a more permanent way to address the nonconforming use status of the business. Wilson stated the proposed zoning would be in compliance with the master plan. PUBLIC FEARING The public hearing was opened to those who wished to speak on the application.. PROPONENTS Steve Flanagin, co-owner of 93 Wood Products at 3595 Hwy 93 South, said that after talking to people they discovered that long delivery times were a problem for the business because they had to air dry the wood. The kiln process could not be done according to current zoning. One benefit to kiln drying was that they wouldn't have piles of lumber air -drying outside and , that would improve the appearance of the property and add to the safety. They chose to ask for rezoning because the adjacent property was zoned heavy industrial and it seemed to fit the character of the neighborhood and it was consistent with Jthe current use of the property. He said they could not conform to the setbacks of the I-1H zoning because they couldn't move the building back, but they had asked the landlord to clean up the property as a condition of the lease. He said they were anxious to do well in the business. 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 FZC-00-7 as findings of fact and, based on those findings recommend to the Board of County Commissioners the requested zone change from I-1H to I-2 be approved. BOARD DISCUSSION Mann asked what kind of odor or exhaust came from the kiln process and Flanagin answered that it was mainly moisture that came out of the wood. He explained the kiln process and the type of building that would house the unit. ROLL CALL On a roll call vote the motion passed unanimously. HUTTON & BRECHEL A conditional use permit request by Mickey Hutton and Mark CONDITIONAL USE Brechel to allow an indoor auto mall in a B-4 at 300 First Ave. PERMIT West. STAFF REPORT Narda Wilson, representing the Flathead Regional Planning Department, gave a presentation on staff report KCU=00-8, a request for a conditional use permit to allow the use of an existing building for an indoor auto mall for the sale of specialty autos including vintage vehicles, street rods, classic cars, corvettes, etc., in the B-4, Central Business District. Automobile sales are listed as a conditionally permitted use in the B-4 zoning district. Montana Motor Sports would move into the existing building initially with the classic auto sales and then at a later date would move the remaining part of the business, retail auto specialty items to the site. The vehicles that would be displayed in the building would be on a consignment basis and test drives would not be routinely conducted from the premises. Test drives would be arranged through the owner at a predetermined time. No significant modifications would be made to the exterior of the building. Parking would be located in, an existing parking lot on the south side of the building. The building and parking lot take up five lots on the block. Wilson stated the parking need could go up later, when they bring in the retail, and noted that Skyline Bowl used their parking during off hours, which was an ideal daytime/nighttime shared parking situation. Mann stated his concern that the sales lot would become unsightly if vehicles were displayed outdoors. Wilson suggested they specify, in condition # 1; that sales be limited to indoor sales. There was a brief discussion about shared parking with the Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 2 of 10 bowling alley and the conclusion was that the parking was a convenience, but not a necessity. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Mark Brechel, 141 2nd Street West, spoke to Mann's concerns saying there wouldn't be any cars displayed outside and no cars traveling in or out of the building, unless the owner took the car out on a test drive. He said the parking was not public it was private and belonging to the building. Brechel said he had an agreement with the bowling alley to use his parking because it was more parking than he needed. He said they would have an inventory, just like any other business, and they wouldn't be painting, or fixing them up, it would be a consignment auto sales, there for the public to view or potential sales. OPPONENTS No one else wished to speak and the public hearing was closed. MOTION Stevens moved and Rice seconded to adopt staff report KCU- 00-8 as findings of fact and recommended to the Kalispell City Council that the conditional use permit be approved subject to three conditions. AMENDED MOTION Mann moved and Sipe seconded to amend 'the motion to add the following to condition # 1: The proposal will be developed in 0 substantial conformance with the approved site plan and other application materials limiting the use to indoor sales. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion was unanimously approved as amended. NORTHWEST An amendment to the Kalispell Zoning Ordinance proposed by HEALTHCARE ZONING Northwest Healthcare that would change the maximum TEXT AMENDMENT building height limits in the H-1, Health Care 1 Zone, from 35 feet to 60 feet. STAFF REPORT Narda Wilson, representing the Flathead Regional Planning Department, gave a presentation on staff report KZTA-00-2, stating that the application states the current 35 foot height Emits do not accommodate contemporary construction methods for hospitals. She said the change was intended to allow the construction of a four-story patient tower for the hospital. Wilson stated the Site Development Review Committee recommended limiting the 60 foot building height to hospitals only. The proposal was evaluated in accordance with 11 the criteria required under• the statutes. �J Stevens asked and Wilson answered that there were no Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 3 of 10 concerns from a fire safety standpoint because the building codes took care of that issue. Heinecke asked and Wilson answered that both the fire chief and the fire marshal were involved in the staff review. Johnson asked for clarification of the intent for hospital use only, which was a dual standard within the zone and Wilson said, if it was a hospital type use, with overnight patients, they could go to a 60-foot height limit, but if it were a doctor's office, pharmacy, or anything else it would be limited to 35 feet. She said the intent of the recommendation was to restrict it to hospitals, but the proposal was for everything in the district. There was a brief discussion on the future of taller buildings and the efficiency of land use. PUBLIC FEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS David Greer, consultant for the project, said the unique thing about the application was that Kalispell has an H-1, Health Care district. He said they went through a master planning process and identified a 5 to 7 year strategy to expand the facilities, including redirecting Sunnyview to the north. He said the hospital had hundreds of feet where height would not be a big impact to the adjoining neighborhood because of where it was centered in the master plan. He said the hospital C needs approval for a minimum 45-foot height limit because the architects needed to work with 15 feet to make sure the equipment could go into the ceilings. He added that they wanted to plan ahead and thought they may need 4 stories down the road. The 60 feet would translate to 4 stories, not six, because of the 15 foot floor heights. He said the reason fire safety was not a big issue was because the hospital was built out of non-combustible materials, not wood, and all the new construction would be out of metal. He said when you have noncombustible materials you can go to higher stories because they don't take people out of windows anymore when there's a fire, they compartmentalize people into one room and close the doors. They can seal the fire into one segment of the hospital that way and send the people out a different way. In addition they require indoor standpipes to hook up the fire hoses inside the building and run them down stairways. In addition, they have a sprinkler system. OPPONENTS No one else wished to speak and the public hearing was closed. MOTION Mann moved and Pierce seconded to adopt staff report KZTA- 00-2 as findings of fact and, based on those findings, recommend to the Kalispell City Council that the amendment CJ be made to the H-1, Health Care, development standards that would allow the height limit of hospitals to be increased to a Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 4 of 10 maximum of 60 feet. n BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. NORTHWEST IMAGING A conditional use permit request by Northwest Imaging to allow CONDITIONAL USE the placement of a temporary modular medical building to PERMIT house a new Magnetic Resonance Imaging (MRI) facility building in an H-1, Health Care, district. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office gave a presentation on staff report KCU-00-9, a conditional use permit to allow the placement of two 60 foot by 13.5 foot modular buildings that would be placed side by side in a staggered fashion creating a 60 by 27 foot building on a temporary basis. Wilson reviewed the report in accordance with the conditional use review criteria. She stated the issue of parking looked as if they had enough but the Kalispell Zoning Administrator would need verification that required parking was available. Staff recommended approval based on 5 conditions, the main issues being compliance with the fire codes and parking. Stevens asked if compliance with the building standards included the foundation. This question was directed to Mr. OGreer to answer. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS David Greer stated the need was almost an emergency because they didn't have enough capacity to accommodate the current patient load. He said the unit was not a typical modular unit and cost more than a new home. He said it was currently in place in a hospital in Oregon and was originally built to meet federal specifications, so, when it is brought here it would have to comply with all uniform building codes including roof load for snow. The reason for a conditional use permit was because they were proposing two units on the - same tract of land. He referred to the pictures included in the report and said it did not detract from the general area. He said it was built for the MRI unit with lots of shielding and would be placed on a foundation. He explained that they would like to put it in this year, yet hadn't started digging yet. He explained that access would be off of Conway through the parking lot. He said they would only do eight patients a day, one patient at a time, so they would not contribute to any more parking. Paul Weil, Administrator of Northwest Imaging, stated this was an emergency because the hospital was seeing patients for MRI imaging starting at 7'.30 in the morning and ending at 11:30 at Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 5 of 10 night. If you needed an MRI you would not be able to get an appointment until mid -December. They had specialists who were pressuring them to get it up and running. The delay was due to possible options in pursuing the project. He said they decided they wanted to work with the hospital and it took some time to coordinate efforts. He wanted to assure them it was a very nice building. OPPONENTS No one wished to speak and the public,hearing was closed. MOTION Heinecke moved and Pierce KCU-00-9 as findings of fact forward a recommendation to the conditional use permit conditions. seconded to adopt staff report and, based on those findings, the Kalispell City Council that be granted subject to five ROLL CALL The motion passed unanimously on a roll call vote. CITY OF KALISPELL An amendment to the Kalispell Zoning Ordinance proposed by ZONING TEXT the City of Kalispell that would change the parking AMENDMENT requirements in Special Parking Maintenance District No. 2. STAFF REPORT Narda Wilson gave a presentation on staff report KZTA-00-3, stating the City of Kalispell had proposed the amendment as a housekeeping amendment. She said that all the new uses in Special Parking Maintenance District #2 were now required to have one space for every 400 square feet of gross floor area, intended to reduce the parking requirements for the downtown area, and to encourage infill and density. She said there was a minor problem with the language because it didn't have any exclusions to the 1 / 400 parking requirement. She said it came to light when looking at elderly housing. The language being proposed would ultimately require less parking. She said the proposal was intended to encourage infill, density and redevelopment in the downtown area. Staff thought it would provide an incentive to encourage development in the area, thereby, conserving the value of buildings, encouraging the most appropriate use of land in the downtown area and furthering the goals of the master plan. Staff recommended that the proposed amendment be approved. PUBLIC HERRING The public hearing was opened to those who wished to speak to the proposal. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Rice moved and Mann seconded to adopt staff report KZTA-00- _ 3 as findings of fact and, based on those findings, recommend to the Kalispell City Council that the proposed amendment to the Kalispell Zoning Ordinance be approved. Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 6 of 10 BOARD DISCUSSION There was no board discussion. ROLL CALL On a roll call vote the motion passed unanimously. OLD BUSINESS Consideration of appropriate zoning for Glacier Village Greens and adjoining property comprising approximately 110 acres in conjunction with annexation to the city of Kalispell. Brian Sipe stepped down from the board due to a conflict of interest. A quorum remained of the board. Wilson noted this was continued from the October meeting so that property owner George Schulze had a chance to consider and comment on the recommended RA-3 zoning for his property. She gave a brief summary of staff recommendations for zoning for the area. MOTION Stevens moved and Mann seconded that the KCCPP adopt staff report KA-00-7 as findings of fact and forward a recommendation to the Kalispell City Council to adopt the city R-4, Two Family Residential, for the Glacier Village Greens development and RA-3, Residential Apartment Office, for the property at the northwest corner of West Evergreen Drive and Whitefish Stage Road. BOARD DISCUSSION George Schulze, 1377 Whitefish Stage Road, co-owner and developer of said property, said he was confused because the City passed a resolution to annex, but it was not annexed yet, and would not be until November 2001. Wilson confirmed that statement. Schulze presented a zoning proposal, which he thought might meet the criteria of a neighborhood type business with neighborhood type services. He handed out a map of proposed zoning, s an additional B-1 zone on approximately four acres that would afford him the opportunity of continuing neighborhood services. He felt current zoning was inadequate and outdated and needed to be rewritten to accommodate the present needs of the community. He said that if you go through the B-1 permitted uses they were very unclear, ambiguous, contradictory, and he recommended the board take some initiative to do some text amendments. As far as the City annexing his property to the city, which was done without his knowledge, he thought it was inappropriate because his property was not served by the sewer district. He said he would be requesting to be brought in to the sewer district in the future and may request annexation to the city, with the subdividing of the rest of the remaining property. There was a discussion about Schulze's proposed zoning, referencing the map he submitted. Schulze handed out an Uaerial photo of the property and a certificate of survey. He said he didn't know what the City would do, if they would make him Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 7 of 10 pay taxes on a hillside that was unusable, with a steep bluff line and timber. His proposal suggested an exemption from property that was unusable tax -wise. There was a discussion between the differences between the RA-3 and B-1 zones. The primary differences being; RA-3 zoning didn't allow retail type uses, B-1 allowed limited retail uses as permitted; RA-3 allowed single family and duplex, as permitted uses, and multiple family as conditional uses, whereas the only residential uses in B-1 were accessory uses to a business. Wilson said she would recommend RA-3 as more appropriate because staff would like to see limited retail and more office type uses with less traffic impact, which would be more compatible with the high end homes in the area. Also, there was a Master Plan designation for Neighborhood Commercial on the corner, which is intended to draw from residents in the immediate area and should not be more than five acres in size. Schulze and members of the board discussed the different uses of the B-1 zone. Schulze said he wanted to create a neighborhood business service community with a drive in banking facility, a contract post office, an emergency medical facility, a barber shop, a beauty shop, not a Wal-Mart, or a K- Mart. He said he was also working on a subdivision plan out side the Village Loop Road that would be a mix of residential and business. Stevens wondered if a PUD would resolve the problem and this was discussed briefly. Mann stated he did not find Schulze's proposal offensive and thought Whitefish Stage Road, was destined to be a commercial zone. He thought residential was not it's highest and best use and was inclined to go with what the landowner wanted. Stevens said his impression was that B-1 was not anymore help than RA-3. He said they needed to revise B-1 or develop a new zoning classification. Pierce said that if you look at the permitted uses of B-1 versus RA-3 there wasn't a lot in B-1 that Schulze was proposing to do. He said the RA-3 would be more adaptable. Schultz said he based his criteria on paraghraph 3 in the B-1 zone. Heinecke read said paragraph. There was a brief discussion about the interpretation of that paragraph. Heinecke said he would prefer B-1 zoning for the property. Wilson pointed out that Schulze could ask for an amendment to the zoning ordinance and said she would be happy to work with him on that. Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 8 of 10 Brian Sipe said that some of the uses were not in existence at the time the zoning regulations were made. . He wondered where they entered in. Johnson said it could be brought up at a later date. There was some discussion as to uses and the anticipation of the best zoning for the use of the area. Wilson suggested the board consider what was best for the community. Her primary objection to B-1 zoning was that the area being proposed would be nearly twice the area they would anticipate to find in a neighborhood commercial type use. She said the size of the area gave it a decidedly more commercial flavor than mixed uses. The other primary consideration was the land use designation of the master plan, which was High Density Residential in the proposed B-1 area and Urban Residential in the area to the west. She felt the recommended RA-3 was a good compromise for the landowner, the neighborhood, and could still be in compliance with the master plan. The board discussed the pros and cons of adopting the RA-3 zoning as recommended by staff and the B-1 zoning requested by the property owner. Wilson said that if Schulze wanted to do a survey that could be filed according to the proposed zoning map it could work to zone it B-1. She also said the board could make their recommendation and Schulze could come in with a development plan and request early annexation on all or part of the property and request a different zoning. Schulze said it would be his intention to adopt zoning before the city adopted annexation. Schulze said he would accept the recommendation for the RA- 3, but would come back with a subdivision design that was surveyed and would request different zoning, depending on how they go through the zoning regulations on permitted uses in the RA-3. ROLL CALL On a roll call vote the motion to forward a favorable recommendation for the entire tract to be zoned RA-3 passed unanimously. OLD BUSINESS Johnson reported on the City Council's workshop dealing with the growth policy plan. He said it was decided that the urban growth boundaries were not appropriate and they would try to enter into a memo of understanding with the commissioners. Wilson said the council worked on a vision statement saying Kalispell would retain a strong, diverse economic base and serve as a center for higher learning. She said there was a lot of communication to be shared and offered to put together an _ email list for anyone who had interest in getting information as jsoon as possible. Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 9 of 10 Johnson reported on two other issues; the big box concept, and integrating resource and analysis into the growth management plan. He said the next gathering was Dec. 11th. NEW BUSINESS There was no new business to come before the board. ADJOURNMENT The meeting was adjourned on a motion by Sipe and seconded by Pierce at approximately 9:15 p.m. The next regular meeting will be December 12, 2000 at 7:00 p.m. e`an A. JorisM, President pprove as submitted/corrected: Az/L/00 Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 10 of 10