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05-11-99KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING MAY 11, 1999 CALL TO ORDER AND The meeting was called to order by Jean Johnson at approximately ROLL CALL 6:05 p.m. Members present were: Donald Garberg, Rob Heinecke, Greg Stevens, Jean Johnson, Don Hines, Brian Sipe, Joe Brenneman, Bill Rice and Don Mann. The Flathead Regional Development Office was represented by Narda Wilson. There were approximately 13 people in the audience. APPROVAL OF On a motion by Hines and seconded by Garberg, the minutes of MINUTES the meeting of April 13, 1999 were approved unanimously as submitted on a vote by acclamation. Johnson reported that approval of the minutes of the special meeting of April 20, 1999 would be added to the agenda and gave the board a few minutes to read them. On a motion by Brenneman and seconded by Rice, the minutes of the meeting of April 20, 1999 were approved unanimously as submitted on a vote by acclamation. FOUTS TRUST A request by Theodore Fouts Trust for preliminary plat approval of PRELIMINARY PLAT a 16 lot subdivision as an expansion of Ridgewood Terrace Mobile Home Court in an R-5 district in Evergreen. STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a thorough presentation of staff report FPP-99-5 in which staff recommends that the board recommend to the Board of County Commissioners that the preliminary plat for expansion of the mobile home court and the requested variance be approved subject to 14 conditions. She stated that this is an existing 119 unit park with the expansion request for 16 additional lots on approximately 2.5 acres. She noted that all of the internal roads are paved. She reported that the Board of Adjustment met and granted the conditional use permit subject to amended conditions and the zoning variance request was denied. She stated that this request for preliminary plat approval meets all of the required criteria for density in an R-5 zoning district and the subdivision requirements for minimum lot size. The applicant would like to have a combination of internal park area upgrades and cash -in - lieu of parkland. The applicants are requesting a variance in regard to setbacks for seven lots along the County right-of-way from 25 feet to ten feet. The staff is recommending that the variance to the subdivision regulations from the 25 foot setback to a ten foot setback be granted. She noted that since the Board of Adjustment denied the zoning variance, the units would have to be setback 20 feet. Wilson introduced a petition signed by 26 people with their major concerns listed as traffic, density, trespass and Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 1 of 9 trash. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Andrew Hyde, of Carver Engineering and representing the applicant, spoke in favor of the application stating that this is an expansion of an existing mobile home park and that it has all of the appropriate infrastructure required to meet the expansion. This would bring the development to 135 lots. He urged the boards approval because this would add to the affordable housing market. The proposed expansion has been designed to meet the subdivision regulations with the exception of the setback along the front of lots one through seven. This request is consistent with the "usual" mobile home park setbacks. The unusual nature of having the County right-of-way, Ridgewood Drive, serving essentially the mobile home park is the reason that a variance is needed. He stated that the applicants would accept a 20 foot setback variance rather than the ten feet allowing this to comply with the subdivision regulations. OPPONENTS Delphine Johnson spoke against the park expansion stating that the impact of density, traffic, and losing her view of the mountains would be a detriment. Randy Winter spoke against the application and presented pictures of the parking lot next to his property and noted that O increased traffic and losing the access to the rear of his property as reasons for opposition. Linda Ranes spoke against the application noting that there would be increased traffic and density that would be undesirable to the area. Greg Hutcheson, 12 Sunset Drive, spoke against the petition citing the following reasons for opposition; the increased traffic congestion, the loss of trees which act as noise and dust buffers, and that the park does not have a garbage removal service and the garbage is kept on premise each week before disposal. He stated that the density is not in conformance with the new park on Shady Lane. Delphine Johnson added that the proposed lot 16 is right across from her property and would obstruct the view from her large front windows. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Heinecke asked Mr. Winter where the pictures were taken in relation to the map. Winter explained that the pictures were of the adjoining parking lot commonly used as a cut off from Ridgewood Drive to Meadowlark Drive, and behind his property. Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 2 of 9 Wilson clarified that individuals are using a paved parking lot to cut through from Ridgewood Drive to Meadowlark Drive rather than going out to LaSalle Road. The owners of those parking lots have not presented opposition to the expansion. The board asked about the current garbage collection system and Wilson pointed out that the application stated that each lot has it's own garbage containers which are collected each week by the park management. Wilson clarified that the density complies with the underlying density of R-5 and it meets the requirements of the subdivision regulations. Stevens noted that affordable housing is notably short in the area and stated that he is in favor of approving this expansion as it does not demonstrate any health and safety hazard. He noted that the board would be unable to do anything about the garbage issues, but if there is a problem the health department should be contacted. The board discussed the subdivision and considered public testimony. MOTION Stevens moved and Heinecke seconded to amend the variance . request of ten feet to a 20 foot .setback from public.or private right- of-way. On a roll call vote: All members voted Aye. The motion to Oamend the variance request passed unanimously. Brenneman moved and Stevens seconded to adopt staff report FPP-99-5 as findings of fact and, based on these findings, recommend to the Board of County Commissioners that the preliminary plat for Ridgewood Terrace Mobile Home Court and the requested variance as amended by the board be approved subject to the 14 conditions as listed in the report. On a roll call vote: All members voted Aye. The motion to recommend approval of the mobile home court preliminary plat and amended variance passed unanimously. POTEET ZONE CHANGE A request by Debora Poteet for a zone change from R-1 to B-2 on the north side of Highway 35 in Evergreen. STAFF REPORT Narda Wilson of FRDO gave a presentation of staff report FZC-99-8 in which staff recommends that the board forward a recommendation to the Board of County Commissioners to grant the zone change from R-1 to B-2. Although the master plan designates this area as residential, there is significant other commercial zoning adjoining this property and the less than one acre site would be a relatively minor increase. She introduced a letter from James and Paula D'Arcy in opposition to the zone change citing increased traffic and noise as reasons for opposition. J She stated that there would be a potentially significant impact to Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 3 of 9 the traffic in the area but that it could be mitigated by the use of Bernard Road as a secondary access. 0 PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Phil Neuharth, representing the applicant, noted that the applicant wants the property zoned for business due to the fact that the property borders the highway and has not been saleable with the current residential zoning, but would be better for commercial development. No one else wished to speak for or against the petition and the public hearing was closed. BOARD DISCUSSION The board discussed the petition briefly and took public comment into consideration. MOTIONS Garberg moved and Stevens seconded to adopt staff report FZC- 99-8 as findings of fact and, based on these findings, recommend to the Board of County Commissioners that the requested zone change from R-1 to B-2 be granted. On a roll call vote: All members voted Aye. The motion to recommend granting of the zone change passed unanimously. DELORIS A request by Deloris Partnership Group for annexation and initial O PARTNERSHIP GROUP zoning of B-2 General Business, for property located on the north INITIAL ZONING side of Appleway Drive. Bill Rice excused himself due to a personal interest in this application. d STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation of staff report KA-99-3 in which staff recommends that the board forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Commercial, upon annexation. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Bill Schottlekorb of Delores Partnership spoke in favor of the application noting that B-2 would be consistent with the area. No one else wished to speak for or against the petition and the public hearing was closed. BOARD DISCUSSION There was no discussion by the board. MOTION Stevens moved and Brenneman seconded to adopt staff report KA- 99-3 as findings of fact and, based on these findings, forward a Cl recommendation to the Kalispell City Council that the initial �J zoning for this property should be B-2, General Commercial, upon Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 4 of 9 annexation. On a roll call vote: All members voted Aye, with Bill Rice excused from the vote. The motion to recommend B-2, General Commercial, upon annexation passed unanimously. DELORIS A request by Deloris Partnership Group for a conditional use PARTNERSHIP GROUP permit to allow a 92 unit mini -storage facility for property CONDITIONAL USE proposed for annexation into a B-2 zoning district on the north PERMIT side of Appleway Drive. STAFF REPORT Narda Wilson of the FRDO gave a presentation of staff report KCU- 99-6 in which staff recommends that the board forward a recommendation to the Kalispell City Council to grant the conditional use permit for the proposed mini -storage facility subject to eight conditions. She stated that the master plan designates this area as commercial. She noted that the proposed primary access to the mini -storage facility would be a poor. The staff is recommending that a separate access be developed for this development site. She introduced letters from Bruce Lutz of Sitescape Associates, Stanley Pine of Cross Enterprise Restaurants, Inc., and Richard Vandervert of Spring Creek Development, L.L.C. in which there was support for the annexation and zoning but opposition to the proposed mini - storage facility due to their belief that this would not be the best use of the property, that future projects that may be developed in the area would be devalued and that it would cause an overall decrease in property values in the area. OPUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Bill Schottlekorb of Delores Partnership Group spoke in favor of the application noting that they have the property around the proposed mini -storage and are very sensitive to the buffering of the project and minimizing the impact to the area. No one else wished to speak for or against the application and the public hearing was closed. BOARD DISCUSSION Heinecke stated that it is possible to have this type of facility done attractively and he is in favor of the project. MOTION Garberg moved and Hines seconded to adopt staff report KCU-99- 3 as findings of fact and, based on these findings, forward a recommendation to the Kalispell City Council that the conditional use permit for the proposed mini -storage facility be granted subject to the eight conditions as presented in the report. On a roll call vote: All members voted Aye, with Bill Rice excused from the vote. The motion to recommend that the conditional use permit for a mini -storage passed unanimously. 1 Rice returned to his seat on the board. 1 CHEROT, YOUNG AND A request by Cherot, Young and Neuharth for a zone change from Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 5 of 9 NEUHARTH ZONE RA-1 and I-1 to B-2 for property located at the end of Seventh CHANGE Avenue. , STAFF REPORT Narda Wilson of the FRDO gave a presentation of staff report KZC- 99-1 in which staff recommends that the Board forward a recommendation to the Kalispell City Council that the requested zone change from RA-1 and I-1 to B-2 be granted. She stated that commercial use would be more appropriate for this property. She stated that there is water and sewer to the site and there is good development potential there but that surrounding uses make it ill - suited for residential use. She noted that there is potential for a connector road over the railroad to the woodland park area in the future. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Phil Neuharth, co -applicant, spoke in favor of the application and noted that they have owned the property for approximately seven years and have been unable to market the property for residential uses. He stated that commercial development would compliment the surrounding area and be the best use of the property. Amy Ockey spoke in favor of the proposal stating that a commercial use would be better for the property. No one else wished to speak for or against the petition and the Opublic hearing was closed. BOARD DISCUSSION There was no board discussion on this application. MOTION Sipe moved and Mann seconded to adopt staff report KZC-99-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the requested zone change from RA-1 and I-1 to B-2 be granted. On a roll call vote: All members voted Aye. The motion for recommendation of the zone change passed unanimously. OCKEY TEXT A request by Rich Ockey for a text amendment to the side yard AMENDMENT setback requirements in the RA-1 zoning district. STAFF REPORT Narda Wilson of FRDO presented staff report KZTA-99-4 in which staff recommends that the Board recommend the minimum side yard setback requirements for the RA-1, RA-2, and RA-3 zoning districts be amended to require "five additional feet for each increment of five feet above 25 feet in height for structures located in the setback area." She stated that staff has had concern over the current regulations and that the amendment is supported by the staff in all of the apartment zoning districts. Wilson was questioned about the procedure for an ordinance change and she stated that the city council would have a first reading in June and then a second reading as required for ordinance changes. Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 6 of 9 PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Richard Ockey, applicant, spoke in favor of the request noting that this would allow them to build their new home as their plans show. He noted that in order to build a two story home with a 6/ 12 pitched roof in this zoning district an amendment to the regulations is required. Kevin Orick, spoke in favor of the five foot increment requirements rather than the foot to foot ratio as this would allow for a buffer from one house to another which is present in the other homes in the surrounding community. No one else wished to speak for or against the application and the public hearing was closed. BOARD DISCUSSION The board discussed the application and considered public comment and asked why there was need for the incremental additions to the setback based on the height of a building instead of having a straight ten foot setback. Wilson stated that having the additional five foot increments would be consistent with the area and that by having five foot increments rather than a foot to foot ratio provides for a margin of error. Mann noted that he saw no need for additional setback requirements based on building height, that a straight ten foot setback seemed reasonable. Garberg noted that a taller home would be somewhat obtrusive to the adjacent home without the additional setback. Stevens noted that this is about single family homes not apartment buildings, and that with apartment buildings this requirement would be reasonable because their height can be more imposing. Wilson noted that this could be apartment buildings because this is the zoning area in which apartments may be built, therefore they should be considered. MOTION Brenneman moved and Hines seconded to adopt staff report KZTA- 99-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the minimum side yard setback requirements for the RA-1, RA-2, and RA-3 zoning districts be amended to require "five additional feet for each increment of five feet above 25 feet in height for structures located in the setback area." On a roll call vote: Garberg, Brenneman, Hines, Rice, and Sipe voted Aye. Mann, Stevens, Heinecke, and Johnson voted No. The motion to recommend amendment of the setback requirements passed on a vote of five in favor and four opposed. Those members in opposition to the motion noted that they were Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 7 of 9 not against amending the setback requirements but would want to have a straight ten foot setback rather than having any additional setback required due to the height of the buildings. COLUMBIA FALLS A request by Columbia Falls Lounge Corporation for a conditional LOUNGE use permit to allow the conversion of an existing lounge in the CORPORATION Kalispell Center Mall into a casino in property located in the B-4 CONDITIONAL USE district. PERMIT STAFF REPORT Narda Wilson of the FRDO presented staff report KCU-99-5 in which staff recommends that the board recommend that the conditional use permit be granted subject to three conditions. She stated that there would be insignificant impacts associated with this conversion. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Tom Maier, manager of Cavenaugh's, spoke in favor of the petition and stated that they have a current lease request for a casino and ask that the board approve the conditional use permit. Dan Jones, attorney for Columbia Falls Lounge Corporation, spoke in favor of the petition noting that there would be very little impact to the current lounge or the mall. No one else wished to speak for or against the petition and the public hearing was closed. BOARD DISCUSSION Garberg noted that the board has looked at several casino requests in the past and that there is a build up of opposition to more casinos in the area. He noted that this facility is located in the mall and this is a family oriented area and he spoke out against the request for any additional casinos especially in this location. Heinecke asked if this was an expansion of the other casino in the mall and it was explained that this was a separate establishment. He stated that he too was against any further casino development in the city. Stevens stated that he did not believe that this is the proper forum to stop the development of casinos, that even though he is not specifically fond of them he believed that the question of casinos is best left to the legislature. The board discussed the application and took public comment into consideration. MOTION Mann moved and Stevens seconded to adopt staff report KCU-99-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit to allow the Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 8 of 9 conversion of an existing lounge in the Kalispell Center Mall into a casino in property located in the B-4 district be granted. On a roll call vote: Johnson, Sipe, Stevens, Rice, and Mann voted Aye. Hines, Garberg, Heinecke and Brenneman voted No. The motion to recommend that the conditional use permit be granted passed on a vote of five in favor and four opposed. NEW BUSINESS Wilson stated that there would be another full agenda next month. The agenda will include "house cleaning items" which the staff has come up with and Wilson noted that the FRDO would welcome suggestions from any members of the board before next Friday, May 15th. Chris Kukulski, the new Kalispell City Manager, was introduced by Stevens. Kukulski stated that he looked forward to working with the board in the future and that he would like to meet everyone after the close of the meeting. OLD BUSINESS Wilson noted that after three months the FRDO has been unable to fill the senior planning position and noted that potential applicants have stated that they are unable to raise a family on the salary offered. She noted that it will probably be at least July or August before anyone would be hired. ADJOURNMENT The next meeting will be June 8, 1999, and will begin at 6 p.m. sting was adjourned by motion at approximately 8:50 p.m. Approved a submitted orrected: --(a-/'Y' /99 icia aske ecording Secretary Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 9 of 9