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04-09-96KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING APRIL 9, 1996 CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County AND ROLL CALL Planning Board and Zoning Commission was called to order at 7:00 p.m. by Vice -Chair Pam Kennedy. Board members present were Michael Conner, Robert Sanders, Joe Brenneman, Milt Carlson, Walter Bahr, Jean Johnson, Fred Hodgeboom and Pam Kennedy. Therese Hash was absent (excused). Narda Wilson, Planner II, represented the Flathead Regional Development Office. There were approximately 18 people in the audience. APPROVAL The minutes of the meeting of March 12, 1996 were approved as OF MINUTES submitted on a motion by Bahr, second by Carlson. By acclamation vote all members present voted aye. Kennedy announced a change in the agenda. Under new business, the presentation on housing discrimination has been postponed to the May meeting. Milt Carlson will speak on the upcoming vote on the 1994 Master Plan update. OSPRING CREEK The first public hearing was introduced on a request by Spring ANNEXATION / Creek Development L.L.C. for annexation into the City of Kalispell ZONE CHANGE and initial zoning from County R-1, Suburban Residential, to City R-1 TO B-2 B-2, Community Business. The property proposed for annexation is located south of U.S. Highway 2 West approximately 300 feet and west of Meridian Road approximately 400 feet. The property which is proposed for annexation and zoning contains approximately 1.1 acres, and is a portion of Tract 1 of Certificate of Survey No. 12536 as filed in the Office of the Clerk and Recorder, Flathead County. This property is located in the SE4 of the SE$ OF Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. Staff Report Wilson gave a detailed presentation of report #KA-96-2. Based on evaluation of the statutory criteria for a change of zoning upon annexation, staff recommended the zone be changed from R-1 to B-2 as requested. Questions Carlson asked if any consideration was given to the protection of Spring Creek? Wilson replied that the necessary permits were obtained through the Flathead Conservation District. Public Hearing The public hearing was opened to those in favor of the proposal. U In Favor Ronnie Pack, 482 Two Mile Drive, spoke in favor of the annexation and zone change request, and was available to answer questions on the matter. There being no other speakers either in favor or in opposition to the proposal. The public hearing was closed and was opened to Board deliberation. Motion Bahr moved to adopt report #KA-96-2 as findings of fact and forward a favorable recommendation to City Council to grant the zone change request from R-1 to B-2 upon annexation. Conner seconded. On a roll call vote all members present voted aye. The motion carried unanimously. HUNTER The next public hearing was introduced on a request by Kit and ANNEXATION / Shelby Hunter for annexation into the City of Kalispell and initial ZONE CHANGE zoning from County R-5, Two -Family Residential, to City R-4, R-5 TO R-4 Residential. The property proposed for annexation is located at 1400 4th Avenue West and contains approximately .45 acres. The property is further described as Assessor's Tracts 8T1A and 8TAB in the SW4 of the SE4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County. Staff Report Wilson presented report #KA-96-3. The zone change request was (/� reviewed in accordance with the statutory criteria set forth, and 0 based on the evaluation it is recommended that the zone change from County R-5 to City R-4 be granted upon annexation. Questions Johnson confirmed that the minor subdivision had been reviewed by the Site Plan Review Committee. Public Hearing The public hearing was opened to those in favor of the proposal. In Favor Kit Hunter, 460 1st Ave EN, Kalispell, requested the Board grant this proposal. He feels it is a logical extension for the City. We intend to convert the existing garage into a residence, and it will improve the appearance of the neighborhood. No one spoke either in favor or in opposition to the proposal. The public hearing was closed, and it was opened to Board discussion. Discussion Brenneman asked the applicant when the property would be connected to community sewer? Mr. Hunter answered that was the first thing done. I need to re- route the water line and make sure the neighbor to the north has her concerns addressed. The sewer line would be put in at the same time. 2 Motion Carlson moved to adopt report #KA-96-3 as findings of fact and forward a favorable recommendation to City Council for an initial zoning of R-4 upon annexation into the City of Kalispell. Hodgeboom seconded. On a roll call vote Bahr, Carlson, Johnson, --Sanders, Brenneman, Conner, Hodgeboom, and Kennedy voted aye. VALLEY VIEW The next public hearing was on a request by Valley View CONGREGATION / Congregation of Jehovah's Witnesses for a zone change from SAG - ZONE CHANGE 10, Suburban Agriculture, to R-2, Single -Family Residential. The SAG-10 TO R-2 property contains approximately 5.0 acres and is located on the north side of West Reserve Drive approximately one-half mile west of Highway 93 North in the West Side Zoning District. It can be further described as Tract 1 of Certificate of Survey #8850, or Assessor's Tract 5A located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County. Staff Report Wilson gave a presentation of report #FZC-96-3. The zone change request was evaluated in accordance with the necessary statutory criteria and based on the findings, staff recommended the zone change from SAG-10 to R-2 be approved. She explained how this 5 acres and the 5 acres west of it happened to be zoned SAG-10. When this area was zoned, the 10 acre piece was recommended to be zoned SAG-10 in an attempt to keep the zoning in conformance with what was there. Subsequently, a boundary line adjustment created the 5 acre parcel for a church, and now there is a 5 acre piece of SAG-10 dangling out there. Staff attempted to contact the property owner to have the parcel rezoned to AG-80. One adjacent property owner in Country View Estates, contacted her by phone regarding this proposal, and was in favor of having the parking lot paved. She received no other comments from adjacent land owners. Public Hearing The public hearing was opened to those in favor of the requested zone change. In Favor Lonnie Mitchell, 405 Lost Creek Drive, stated that he is an elder and speaks for the Church. We feel this will benefit everyone. Our purpose for selling the two acres is to get money to pave. Dust has been a problem. It will provide a bigger tax base for the county, as there will be a residence on the two acres. We have had a problem with vandalism. If someone lives nearby, they can dissuade vandals by turning on the lights and it will benefit us, as well. No one else spoke in favor. The public hearing was opened to those opposed to the request. 3 Opposition Carol Blake, 230 Arbour Drive, spoke in opposition to this request. They bought their property because of the open space behind them. We have already given up much agricultural land in the area, and don't want to lose anymore. We don't want houses behind us. We would rather put up with dust, than houses. Larry Ivy, 198 Arbour Drive, President of the County Estates Homeowners Association, represented the homeowners adjacent to this proposal. These homeowners do not want houses that will block their view, and are concerned about the types of homes going in there, such as mobile homes. We take considerable amount of pride in the size of homes in Country View Estates, which are required to be 2100 square feet on the main floor. The homeowners, also, do not want to see a road going through on the back of their property line. No one else spoke in opposition. The public hearing was closed and the meeting opened to Board discussion. Discussion Mr. Mitchell was recognized to address the concerns stated by the opposition. Mr. Mitchell stated that their intention is to place one house on the site. The structure to be placed there is approximately 2400 O square feet and is located near the hospital for viewing. The purchaser proposes to build a basement and place this structure on it. It is a nice building and I estimate it is about a $150,000 home. We have no problem if you mandated just one residence on the site. Motion Hodgeboom moved to adopt FRDO staff report #FZC-96-03 as findings of fact and forward a favorable recommendation to the County Commissioners to approve the zone change request from SAG-10 to R-2. Sanders seconded. Discussion on Conner had a question about the road that was mentioned that Motion would run north on the west boundary of Country View Estates. Wilson replied that there is an existing driveway, that would be improved to a paved access to the property to the north. Mr. Mitchell informed the Board there is a 60 foot easement for a road, and it will be paved. The neighbors can use it if they want. Brenneman noted that if the R-2 zone were approved, they could not guarantee that just one house would be built. Wilson responded that any further subdivision would be subject to the review process. 4 Vote There being no further discussion, there was a roll call vote on the motion. Brenneman, Bahr, Hodgeboom, Sanders, Carlson, Conner, Johnson, and Kennedy voted aye. The motion carried unanimously in favor of recommending the zone be changed from SAG-10 to R-2. CITY OF The next public hearing was introduced on a request by the City KALISPELL of Kalispell for annexation into the City of Kalispell and initial ANNEXATION / zoning from County to City P-1, Public. The property proposed COUNTY TO for annexations is located south of Grandview Lane and contains CITY P-1 approximately 13.5 acres. The property is further described as Assessor's Tracts 5AC and 51), and Road Abandonment #84, located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County. Staff Report Wilson gave a brief overview of report #KA-96-4. This property is owned by the City, and it is recommended to be zoned P-1 upon annexation into the City. Public Hearing The public hearing was opened to those in favor. No one spoke either in favor or in opposition to the proposal. The public hearing was closed and it was opened to Board discussion. Motion Bahr moved to adopt report #KA-96-4 as findings of fact and forward a favorable recommendation to the City Council for initial zoning of P-1 upon annexation to the City of Kalispell. Conner seconded. On a roll call vote all members present voted aye. The motion carried unanimously in favor. SCHAUS TEXT The next item was introduced on a request by Lisa S. Schaus to AMENDMENT / amend the text of the Kalispell Zoning Ordinance, Section 27.24.090, SIGNS - HOME Permitted signs in zones R-1, R-2, R-3 and R-4 by adding a OCCUPATIONS subsection as follows: (5) "one non -illuminated two sided sign not to exceed six square feet in area attached to the house, in connection with a home occupation". Staff Report Wilson discussed the background for the request by Ms. Schaus, based on her need for a sign in conjunction with her art studio. The City has explored options with her. A variance was not an option because she couldn't meet the criteria. Rezoning was looked at, but not what she wanted. To address her needs, we looked at the standards for home occupations. The proposal before you needs to be looked at, in depth, as it affects home occupations in the residential zones in the City of Kalispell. The research involved during the review of the requested text amendment, uncovered some weaknesses in the ordinance, which may be updated at a later date to alleviate confusion and difficulty in administering. Wilson proceeded with a detailed overview of report #KZTA-96-1. The requested text amendment was evaluated in accordance with the necessary statutory criteria. Based on the findings, staff recommended a modification to the request as follows: "Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3 and R-4. (5) One non -illuminated sign not exceeding four square feet per face affixed to the building in conjunction with a home occupation. Public Hearing The public hearing was opened to proponents of the proposal. In Favor Lisa Schaus, Willow Wind Studio, the applicant, agreed whole- heartedly with staff's recommendation. This is a difficult situation, being an artist and aesthetically oriented, I feel I am caught in the middle. I am concerned about the zoning ordinance with regards to signs and home occupations. I am part of a women's business group and we are concerned about this issue. She submitted a petition, signed by approximately 40 persons, who are in favor of this proposal. She also handed around photos of signs that are in the community. Bruce Measure, 635 5th Street East, Kalispell, spoke in favor of the text amendment as modified by FRDO. I worked with Ms. Schaus on this text amendment, and we agree that six square feet was a large sign. He showed a sign that is 3.94 square feet to illustrate an example of what Ms. Schaus has proposed. Her home is located behind the Triangle Building, on North Main. We realize this affects the entire City, but the option to pursue a zone change would alter the character of the neighborhood. This seems to be the less disruptive option. No one else spoke either in favor or in opposition to the proposed text amendment. The public hearing was closed, and it was opened to Board deliberation. Discussion Hodgeboom appreciated the need for signage for home occupations, as it is an essential part of our economy in the Flathead. From the standpoint of a consumer, signs are helpful to find services I need. A standard real estate sign is about six square feet and I could support a four square foot sign, such as the one shown to us. That would not detract from a neighborhood, at all. Johnson wanted to restrict the placement of the signage so that it is not placed on the roofline. I think the sign should be affixed to the house and not placed in the lawn. Kennedy had difficulty picking apart one item at a time on a sign ordinance that we spent considerable amount of time on. It was 6 stated that Bed & Breakfasts are also lacking in our sign ordinance. I have concern about additional text amendment requests. Rather than reviewing the entire sign ordinance for where we need to make alterations, I would suggest that we address the bed & breakfast issue to cover another void that we know exists. Wilson suggested that the language be changed to say "... in conjunction with a residential use." That would cover such uses as bed & breakfasts, day care, etc. Kennedy expressed concern about residential uses such as auto repair. Wilson replied that auto repair is not considered a home occupation. There are categories that do not qualify as home occupations. Looking at our regulations and researching model ordinances, showed me some weaknesses of what we have in place for defining home occupations and setting up performance standards. Professional offices as a home occupation was discussed. Bahr felt there should be no signage associated with home occupations. In looking at my neighbors, it would detract from the residential aspects if there were signs on 1/3 of the homes in the neighborhood. Their businesses would explode and we need to look at the increased traffic generated with signs. Johnson pointed out that the other side of that issue would be that it would be better for someone to identify the business with a sign, rather than drive back and forth looking for a place. As long as we allow home businesses, I would be in favor of signage. Aesthetics were discussed. It was recognized that home occupations are allowed, and if signage is not allowed, then we will be directing growth out of the City to unzoned areas, which involves more traffic and other impacts. It was noted that when this is addressed in the future, architectural review of signage be visited. Kennedy reiterated that she had a problem with amending just portions of the sign ordinance without reviewing the entire chapter. Wilson agreed that it would be ideal to go through and comprehensively address the weaknesses. However, she indicated that the sign ordinance was an attempt to accommodate many people's needs, is very lengthy, cumbersome and confusing, but does not feel it is politically feasible. So, rather than looking at 7 it as a piecemeal approach, it is more of a fine-tuning of the zoning ordinance, as we come across issues. Limiting signage to just a single residential zone was discussed, but felt to be impractical, as home occupations are allowed in all the residential zoning districts. Motion Conner moved to adopt report #KZTA-96-1 as findings of fact, and recommend to City Council approval of the proposed zoning text amendment, with modifications as follows: "Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3, and R-4. (5) One non -illuminated sign not exceeding four square feet per face below the eave line in conjunction with a residential use." Johnson seconded. On a roll call vote Carlson, Sanders, Johnson, Hodgeboom, Conner, Brenneman, and Kennedy voted aye. Bahr voted no. The motion carried 7-1 in favor of the text amendment. OLD BUSINESS Staff is doing intensive research into where to place shelters in a community, and will be bringing that before the Board at a later date. NEW BUSINESS Under new business, Carlson reminded the Board that the Master Plan Update adopted in December 1994, will be on the June 4 ballot. Wilson announced that the City of Kalispell hired Diana Roche as the new Zoning Administrator. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:00 p.m. a/ 2zg=� r Pamela J.B. ennedy, Vice-Pres'dent f APPROVED: C�J 8 E ' efh Ontko, Recording Secretary