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09-09-09KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 9, 2009 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, Rick Hull, C.M. (Butch) Clark, Chad Graham, Troy Mendius and Richard Griffin. John Hinchey was absent. P.J. Sorensen, Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were 4 people in the audience. APPROVAL OF MINUTES Clark moved and Graham seconded a motion to approve the minutes of the July 14, 2009 meeting of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. INITIAL ZONING/WHOLLY A request by the City of Kalispell for initial zoning upon SURROUNDED annexation for eight annexations of property wholly ANNEXATIONS surrounded by the City. The specific areas and proposed annexations for each are as follows (the numbering relates to designations previously made by the City): Area 8: Approximately 4.02 acres located on the south side of West Northview Loop, more particularly described as a tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian Montana, Flathead County, Montana and more particularly described as Tract 6E with Assessor Number 0439590 records of Flathead County, Montana. The proposed zoning designation is R-3 (Urban Single -Family Residential), which matches the surrounding properties. Area 9: Approximately .09 acres located on the west side of Grandview Drive near Juniper Bend, more particularly described as a tract of land located in Section 6, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 5ABO with Assessor Number 0942654; the West portion of Lot A of Grandview Heights Lots 2 & 3 with Assessor Number 0834460; and The Northwest portion of Lot 2 Stotts Grand View with Assessor Number 0978227 records of Flathead County, Montana. The proposed zoning designation is R-3 (Urban Single Family Residential), which matches the properties to the east and south. Area 11: Approximately .08 acres located on the north side of East California Street between 4+h and 5+h Avenues EN, more particularly described as a tract of land located in Kalispell City Planning Board Minutes of the meeting of September 9, 2009 Page 1 of 6 Section 8, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as tract 24 with Assessor Number 0409100 records of Flathead County, Montana. The proposed zoning designation is R-3 (Urban Single Family Residential), which matches the remainder of the lot and the surrounding properties. Area 12: Approximately .49 acres located on the south side of East Oregon Street between 8+h and 9+h Avenues EN, more particularly described as 4 tracts of land located in Section 8, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tracts 30XA & 30XAAA with Assessor Number 0321100; and Tracts 30XAA & 30XC with Assessor Number 0656750 records of Flathead County, Montana. The proposed zoning designation is R-3 (Urban Single Family Residential), which matches the properties on the west, north, and south. Area 15: Approximately 3.13 acres located on the west side of South Meridian Road between West Center Street and 2nd Street West, more particularly described as tracts of land located in Section 13, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract AA of Lot 11, Hollister's Meridian Tracts 8s Tract AA of Lot 12, Hollister Meridian Tracts with Assessor Number 0011421; the East 132.5 feet of Lots 11 and 12 of Hollister Meridian Tracts and 11C with Assessor Number 0767756; Tract 11E with Assessor Number 0624450; The East 188.1 feet of Lot 13 of Hollister Meridian Tracts and Lot 4 of Hollister Meridian Tracts with Assessor Number 0134950; the East 188.1 feet of Lot 15 of Hollister Meridian Tracts and Tract A of Lot 14 of Hollister Meridian Tracts with Assessor Number 0134900; and Tract 11DA with Assessor Number 0019625 records of Flathead County, Montana. The proposed zoning designation is R-4 (Two Family Residential), which matches the properties to the south. Area 18: Approximately .09 acres south of 18th Street East and west of 5th Avenue East, more particularly described as 2 tracts of land located in Section 20, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 8NE, excepting the East 150 feet, with Assessor Number 0036450 and Tract 8NEA, excepting the East 38.36 feet, with Assessor Number 0707490 records of Flathead County, Montana. The proposed zoning designation is RA-1 (Low Density Residential), which matches the properties to the north and east. Area 19: Approximately .12 acres east of 5th Avenue East Kalispell City Planning Board Minutes of the meeting of September 9, 2009 Page 2 of 6 and north of 18th Street East, more particularly described as a tract of land located in Section 17, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 5Z, excepting the West 150 feet, with Assessor Number 0431221 records of Flathead County, Montana. The proposed zoning designation is RA-1 (Low Density Residential Apartment), which matches the remainder of the lot and the surrounding properties. Area 21: Approximately .54 acres near the intersection of Leisure Drive and Windriver Drive, more particularly described as a tract of land located in Section 21, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 3F with Assessor Number 0779655 records of Flathead County, Montana. The proposed zoning designation is R-2 (Single Family Residential), which matches the surrounding properties. STAFF REPORT KA-09-02 I P.J. Sorensen, representing the Kalispell Planning Department reviewed staff report KA-09-02. Sorensen said this is the initial zoning for a number of wholly surrounded annexations that the Kalispell City Council approved in July, effective in October. Sorensen noted the question of annexation is not in front of the board just the appropriate zoning to assign to the different areas. Sorensen continued a couple years ago there were 22 wholly surrounded areas that were identified and last year about 6 annexations and initial zoning designations were completed. This year there were a total of 9 areas that were annexed however one of the property owners requested an expedited annexation due to trying to get an extension of utilities to their property so the initial zoning tonight is for 8 areas. Sorensen noted for area #8 a letter was received from the property owner who had concerns because they are trying to finalize the negotiations for the purchase of R/W for the bypass and felt that annexation would mean having to go back and getting another appraisal on the property. The property owner is requesting that area #8 be excluded from annexation until a sale is finalized with MDT. Sorensen said he intends to talk with MDT tomorrow about this issue, however the annexation for the property has already taken place and staff feels if there was any impact it would be to the property owner's advantage to be annexed into the city. A copy of the letter is attached to the minutes. Sorensen added the property owner had no objection to the proposed R-3 zoning for this area. Sorensen described the location of the remaining areas, the Kalispell City Planning Board Minutes of the meeting of September 9, 2009 Page 3 of 6 size and developments on each, and the recommended zoning for each. BOARD QUESTIONS Schutt asked when the annexations will take place and Sorensen said the council has already approved the annexations. Sorensen reviewed that process for the board. Schutt asked if area #8 should be set aside, although he would assume land in the city limits would be appraised at a higher value than land in the county and Sorensen said it would probably benefit the landowner to be city property because there would be the potential to subdivide the property. Clark asked if there were any other property owners who contacted staff and Sorensen noted he received some questions from adjoining property owners to area #9 because they thought there would be a boundary line adjustment that would affect their property. However, after the process was explained to them they didn't have any objections. Sorensen added early on in the process he spoke to 2/3rds of the property owners directly and explained why the city was annexing the properties. Sorensen indicated most of them had expected to be annexed into the city at some point. Graham asked why these properties were not automatically annexed when the rest of the surrounding properties were annexed. Sorensen said every area is different and he explained further. Schutt asked how many of these areas have homes and Sorensen said in this category most of them do. Mendius asked what effect annexation and R-4 zoning will have on the non -conforming business in area 15. Sorensen said they would be grandfathered in and added if they are legal now they will be legal when they come into the city. Sorensen said can continue to operate as they have and they have the ability to expand with a conditional use permit. Jentz added they are a non -conforming business in the county currently so they won't be treated any differently in the city. Clark asked if there was a difference in the amount of expansion allowed under the county and city zoning and Sorensen said in the city they can expand up to 25% with an administrative conditional use permit and up to 50% with a full conditional use permit. Jentz confirmed the county regulations are similar in regards to expansion; however the county would probably allow a greater amount of expansion. APPLICANT/ CONSULTANTS None. Kalispell City Planning Board Minutes of the meeting of September 9, 2009 Page 4 of 6 PUBLIC HEARING Stan Amon, 61 West Northview Loop said in regards to area #8, which is adjacent to Northview Loop, they would like to object to the annexation of that area until the water problems in their neighborhood are corrected by the city. Amon said they believe there is a natural spring around lots 27 8s 28 which is creating water problems all the way down the street to lot 32. Amon said it doesn't seem to be surface water, it seems to be underground water and they have water in their crawl space and the 2 houses at the end of the block on lots 27 8; 28 have had to do extensive rebuilding of their landscaping because there is more water than they can handle with a sump pump. Amon said since these lots are on top of the hill the water could flow into area 8. Hull suggested Mr. Amon address this problem with the Public Works Department and Amon said he has talked to them but so far they haven't gotten a response. Sorensen said Mr. Amon spoke with staff yesterday in Planning who referred him to Public Works and Public Works is looking into it. MOTION Schutt moved and Clark seconded a motion to adopt staff report #KA-09-02 as findings of fact and recommend to the Kalispell City Council that the initial zoning for these properties upon annexation be as follows: Areas 8, 9, 11 & 12: R-3 (Urban Single Family Residential) Area 15: R-4 (Two -Family Residential) Areas 18 8s 19: RA-1 (Low Density Residential Apartment) Area 21: R-2 (Single Family Residential) BOARD DISCUSSION Schutt asked again if it would be worthwhile to pull area 8 out of the zoning based on the property owner's request. Sorensen reminded the board that the question of annexation is not before the board tonight and even if it were it is staffs opinion there wouldn't be any significant impact and if they find out differently the city council could remove that property from the ordinance. Jentz added the annexation that occurred in July has probably already been factored into the negotiations with MDT. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: Conrad reviewed a letter received today from Norma Ryan, who wrote to express her continued concerns with the approval of the 23-unit senior apartment building on Grandview Drive, proposed by ASI, Inc. Conrad read the letter into the record. A copy is attached to the minutes. NEW BUSINESS: Jentz noted there will be a planning board work session on September 22, 2009 and he added, at this time there are no projects scheduled for the October regular meeting of the Kalispell City Planning Board Minutes of the meeting of September 9, 2009 Page 5 of 6 O planning board. However, there will be a work session. There was discussion regarding the slow economy and the affect it is having on already approved subdivisions. Jentz noted there is one preliminary plat that will expire in November which is Spring Prairie Center, Phase 3, the commercial subdivision on Section 36 where the Kohl's was to be located. Staff has met with them and they feel it is in their best interest, financially, to let the plat expire. The developers of the remaining approved subdivisions still have the option to request a one-year extension. Griffin asked if the subdivision is sold does that trigger a new round of reviews and Jentz said no, the approvals and conditions are attached to the subdivision. ADJOURNMENT The meeting adjourned at approximately 7:30 p.m. WORK SESSION A work session was held following the regular meeting to discuss the following: 1. Zoning Ordinance Update NEXT MEETING The next work session of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, September 22, 2009 at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, October 13, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. 4 4,L� Bryan H. Schutt Michelle Anderson President Recording Secretary APPROVED as ubmitted corrected:/ f 0 / 09 Kalispell City Planning Board Minutes of the meeting of September 9, 2009 Page 6 of 6 September 8, 2009 .6 a 120 �_ jJ ;� �;�17- 01 2t�+�J Kalispell Planni g "Board MI LiSPELL PLANNING DEPARTMENT 2 v i .0 at Avenue iu$t Kalispell MT 59901 Accessible Space Inc. Low -Income Senior Housing, Grandview Ave. Dear Planning board Members: For the record: those of us who surround the above -mentioned property will be greatly and unpleasantly affected by this project. I have stated it is too big and too busy for this location. The oversized building is one thing but it will create. an incredible; amount of automobile activity on Grandview and Commons: Way.-, private cars of 23 residents plus their visiting families, city services; including trash pickup, and emergency vehicles. In addition to the noise, pollution from all these vehicles will be a negative factor. And all these same vehicles will add a tremendous amount of congestion to an already congested area at Hwy. 93 and Commons Way. I think this housing project will be an unattractive and disruptive addition to this established, quiet and pleasant neighborhood Thank you.. Sincerely, Norma M. Ryan 335 Commons Way Kalispell MT 59901 :.. U City of Kalispell Planning Department 201 1st Ave. East Kalispell, MT 59901 September 9, 2009 RE: Annexation Area 8 249 Three Mile Drive Currently we are in negotiations with the Montana Department of Transportation in regard to the sale of area 8, which is included in the future Kalispell Westside Bypass. We are asking at this time that area 8 be excluded from annexation until a sale is finalized with the MDOT to eliminate any possible future liabilities. In our opinion, annexation at this time would compel MDOT and ourselves to seek new appraisals, which would be costly and time consuming. Sincerely, a L Mark L. and Michi Cc: Marshall Murray City Manager - Jane Howington Enclosures