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08-12-97KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING AUGUST 12, 1997 Workshop / Master At 5:30 p.m. there was a brief workshop session to discuss the draft Plan Update survey prepared for the Master Plan update. Steve Kountz was instructed to reserve the meeting room for September 16'' for the first scoping meeting. CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning AND ROLL CALL Board and Zoning Commission was called to order at 6:00 p.m. by Narda Wilson. The first item of business was to appoint a Chair Pro Tern to conduct the meeting. CHAIR PRO TEM Milt Carlson was nominated and unanimously voted to chair the regularly scheduled meeting of the Kalispell City -County Planning Board and Zoning Commission. Board members present were Walter Bahr, Mike Conner, Jean Johnson, Robert Sanders and Milt Carlson. Board members absent were Therese Hash, Bob Lopp, Pam Kennedy and Joe O Brenneman (all excused). The Flathead Regional Development Office was represented by Steve Kountz, Senior Planner and Narda Wilson, Senior Planner. There were 5 people in the audience. APPROVAL OF The minutes of the meeting of July 8, 1997 were approved as written on MINUTES a motion by Conner, second by Bahr. DNRC & CITY The first public hearing was introduced on a request by the Montana ZONE CHANGE Department of Natural Resources and Conservation and the City of UPON Kalispell for annexation into the city of Kalispell and initial zoning of P- ANNEXATION / 1, Public, on property located in the Highway 93 North Zoning District FROM AG-80 TO and is zoned AG-80, Agricultural. The area proposed for annexation P-1 contains approximately 160 acres and is proposed to be developed for the City's Youth Athletic Complex. The property is located at the northwest corner of Highway 93 North and Four Mile Drive directly across from the community college. Staff Report Wilson gave a detailed presentation of report #KA-97-5. She submitted a corrected vicinity map which included the entire quarter section of 160 acres, instead of the 138 acres in the legal notice. The proposal for annexation is a culmination of many months of work with the City of Kalispell, Department of Natural Resources, and the community for the relocation of the ball fields to this site. There have been several public hearings involving the environmental assessment done in the area, which 1 the State required prior to leasing the land. The State Lands office will also be annexed. The request was evaluated in accordance with the statutory basis for a change in zoning, and based on the findings, staff recommended the property be zoned P-1 upon annexation into the City. Public Hearing The public hearing was opened to proponents of the request. In Favor Mike Baker, Kalispell's Director for the Parks and Recreation, spoke in favor of the annexation. He presented an overview of the project, and explained the initial phasing plan. The intention is to have a well for the irrigation needs, and it will be on city services. He answered questions regarding the project. No one else spoke in favor. The public hearing was opened to those opposed to the P-1 zoning designation upon annexation. Opposition Jerry Gillies, 110 North Haven Drive, was not sure that the residents in North Haven had statutorily been notified of the annexation. I am against the annexation of the area. At the beginning of this whole project, I wasn't made aware of discussions of annexation to the City. I think the cost estimates to the taxpayers are not all brought out, so they O are not aware of the total cost of what this project will be. I oppose the annexation. I am also the water operator for North Haven Heights, and have concern about the well for irrigation on this site, which may have an impact on our water. We have not received any information saying that the well and irrigation system will not hamper or hazard the 26 homes in North Haven Heights. Carlson noted that the Planning Board can only recommend that when the City takes up the issue of annexation the proper designation for zoning be placed on the property. We do not recommend annexation. There being no other opponents, the public hearing was closed and the meeting opened to Board discussion. Board Discussion There was discussion on the traffic flow, water and sewer service, and projected 10 year build -out for the complex. Bahr asked if the North Haven residents had been notified of the annexation? Wilson replied that state statute requires that those properties within 150 feet of the area to be annexed be notified. In this case, there was a Cj petition to annex, and those parties were aware of what is happening. State statute does not require the notification of adjoining landowners for 2 a petition to annex. There is a requirement in the zoning ordinance that a public hearing be held before the Planning Board to determine the most appropriate zoning designation, which requires publication in the paper 10 days prior to the meeting. Notification was published July 27 h Johnson clarified that Mr. Gillies was speaking for himself, only, and not representing the North Haven Heights homeowners. He appreciated his concern regarding the well, but that was not a zoning issue and would be the purview of DNRC. Motion Bahr moved that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KA-97-5 as findings of fact and forward a recommendation to the City Council that the initial zoning on the property upon annexation should be P-1. Sanders seconded. On a roll call vote Johnson, Bahr, Conner, Sanders and Carlson voted aye. The motion carried unanimously in favor. HERRON The next public hearing was introduced on a request by Dallas Herron / DEVELOPMENT Herron Development for a conditional use permit to allow the storage of O CONDITIONAL bulk fuel oil and petroleum products and the relocation of a petroleum USE PERMIT product packaging facility in the B-5, Commercial Industrial, and I-1, Light Industrial zoning districts. The properties proposed for this use contain approximately 2.5 acres and are located at 640 West Montana Street between 66' Avenue West and 8ffi Avenue West, south of West Montana Street. Staff Report Wilson gave a detailed presentation of report #KCU-97-6. Based on the evaluation of the application, in accordance with all the necessary criteria, staff recommended the condional use permit be granted subject to 10 conditions. Public Hearing The public hearing was opened to proponents of the proposal. In Favor Dallas Herron, 131 Hilltop, Kalispell, gave a brief background on Valcon since it's inception in the late 1940's, and the series of events that have led to the most recent proposal. They feel the project would put the properties to a better use. would solve some safety issues. It would reduce traffic flows, and move away from the track problems. The building / property passed structural and environmental inspections. He went through the enhancements that would benefit both their employees and the general public that are proposed in conjunction with this project. He requested a favorable recommendation. 3 1 Dave Meredith, Clarke & Meredith, architects for the project, 2564 Hwy 2 East, Kalispell. He gave a more detailed report to explain the consolidation of services, and what it will mean to that part of Kalispell. On the map he showed the current truck routes that Valcon uses. The permit we are asking for is to put the packaging plant inside the warehouse and relocate the bulk fuel storage. That will allow us to eliminate the traffic patterns that exist on Center Street, West Montana Street, and the 5t' Avenue WN. The project will be done in four phases, which includes relocating the packaging plant in the warehouse, a retail improvement, which will occur where their card island is now, and moving the operation. Phase 4 would move the Valcon offices so that the existing office building can be remodeled. He addressed the conditions. They agree with all the conditions, however -requested that the language for conditions #3 and #4 reflect the phasing. On #3, we question the need to pave the alley and driveway on the east and west sides of the building. We would pave the alley to the extent that it would be used as an access to the parking lot, but there is no traffic generated beyond that point. The majority of the loading/unloading occurs at the south end of the building. I would like to see the east driveway and parking lot be paved when the office building is improved and occupied. Paving it now, when we know we will be digging it up is a waste of money. There is no need for parking right now. On the west side of the building, we would like to pave to a point that is at the north side of the warehouse and then use dust abatement on the gravel surfaces remaining. On #4, I assume the ten employee parking spaces is based on the. size of the warehouse. There are actually 1 1/2 full time employees. The truck drivers don't park, they are driving the truck, so the actual need is for 2. We have lots of room for parking, but what we are asking is that we pave the parking lot when we do phase 2, when the office employees move over with the retail phase. He was available for questions. Jerry Stahlberg, owns the property to the east and south. His major concern was fire protection. Their building has only a 2 inch water line to it, and an 8 inch sewer line. I am not opposed to the proposal, at all. I am just concerned about the fire suppression. No one else spoke either in favor or in opposition. The public hearing was closed. It was noted for the record that a letter was included in the packet from Doris Sonstelie, in opposition to the project. 0 Staff received a phone call from Sharon Howard, an adjacent property owner, who had no objection, but added that Railroad Street should be extended to Meridian. Board Discussion There was discussion on the availability of services, and the ongoing situation with the railroad tracks. Meredith informed the Board that there was adequate infrastructure to develop the Valcon property. The traffic patterns and problems in the area were discussed. The suggestion to extend Railroad Street made sense, and the Board thought that Council should consider that. The applicant's request to modify the language in condition 93 and #4 was discussed. The recommended paving is required by the Kalispell Zoning Ordinance and a variance would have to be granted, which is not the purview of the Planning Board. Staff suggested to modify the language as follows: #3: "That the l driveways and alley along the east and west sides of the building be paved as the site becomes occupied, . , ." #4: "That the required number of employee parking spaces and a loading area shall be provided...." The change in language was acceptable to the applicant. Motion Conner moved to adopt report #KCU-97-6 as findings of fact and recommend to City Council that the conditional use permit be granted subject to the ten (10) conditions as revised in #3, #4, and corrected spelling in #8. Bahr seconded. On a roll call vote the motion carried on a vote of 5-0 in favor. OLD BUSINESS Wilson gave an update on the relocation of the Animal Shelter. A public hearing will be held before the County Board of Adjustment. The Board of Adjustment will not have the authority to grant or deny the conditional use permit. It will be a forum for public comment and information, only. The hearing is scheduled for September 2"d It was unanimous to change the meeting time back to 7:00 p.m. The September meeting will be at 7:00 with a work session at 6:30 p.m. 5 NEW BUSINESS The Commissioners are setting up a Zoning Regulations Review Committee, and Planning Board members were invited to apply. ADJOURNMENT There being no further business, the meeting was adjourned at 7:45 p.m. Milt Carlson, Chair Pro Tem E ' g th Ontko, Recording Secretary APPROVED: g 9?- n