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04-12-94 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING APRIL 12, 1994 CALL TO ORDER The regularly scheduled meeting of the Kalispell City - AND ROLL CALL County Planning Board and Zoning Commission was called to order at 7:04 p.m. by President Hash. DeGrosky, Kennedy, Bahr, Fraser, Lopp, Carlson, Sanders, Hodgeboom and Hash were present. John Parsons, Senior Planner represented the Flathead Regional Development Office. Brian Wood, City of Kalispell Zoning Administrator was in attendance. There were approximately 30 members of •the public in attendance. APPROVAL OF The minutes of the March 8, 1994 meeting were approved MINUTES / as written on a motion by Kennedy, second by Bahr. All MAR 8, 1994 Board members voted aye. MAR 22, 1994 The minutes of the special meeting held March 22, 1994 were corrected to note that Walter Bahr had an excused absence for that meeting, and on page 3, public input was received from Mike Knaff of 404 W. Colorado, instead of Mike "Mann". It was moved and seconded to approve the minutes of March 22, 1994 as corrected. CITY OF The first public hearing item was a request by the City KALISPELL of Kalispell to amend the Kalispell Zoning Ordinance TEXT AMENDMENT Text, Off -Street Parking, Section 27.26.050(29) to read: "(29). Medical and Dental Offices: 1 per 150 gross square feet of floor area, unless located within the H-1 zone, where 1 space per each 200 gross square feet of floor area is required". Staff Report Parsons presented the findings of staff analysis for the requested zoning text amendment for medical parking and recommended that Kalispell Zoning Ordinance text be amended as setforth in FRDO report #KZTA-94-2. Public Hearing The public hearing was opened. There was no testimony either for or against the requested text amendment to amend the parking requirements for medical facilities in an H-1 zone classification. The public hearing was closed. Motion Fraser moved to adopt FRDO report #KZTA-94-2 as findings of fact and recommend to City Council that the Kalispell Zoning Ordinance text be amended as requested. Bahr seconded. On a roll call vote, all Board members voted unanimously in favor. KALISPELL Next item was a request by the City of Kalispell for a CONDITIONAL conditional use permit to allow a 32 unit apartment USE PERMIT / complex in Kalispell. The complex will be located on AIRPORT ROAD the west side of Airport Road approximately 600 feet 1 APARTMENTS south of 18th Street. Access would be from Airport Road. The site is zoned RA-1, Low Density Residential, and contains 2.25 acres. The site is more particularly described as Tract 1G, in the NE4 of Section 19, T28N, R21W, P.M.M., Flathead County, Montana. Staff Report Parsons presented a brief overview of report #KCU-94-05 which evaluates the City 'of Kalispell's request to construct a 32 unit apartment complex. Staff recommended granting the permit with eight conditions of approval. Public Hearing The meeting was opened to proponents of the project. In Favor Susan Moyer, of the Planning, Economic and Community Development Department for the City of Kalispell, who is co-sponsor with Human Resources, of this project to build the apartment complex to be used for "transitional living". She was available for questions. There was no opposition to the proposal. The public hearing was closed. Frank Distefano, Architects Design Group, was asked to give a presention of the proposed project. He explained the design, noting the desire to create a residential image, providing landscaping and handicapped access. Part of the project is to provide for handicapped units. Discussion The Board voiced considerable concern regarding the floodplain, and children's safety on the Ashley Creek side of the property. Wood informed the Board that a single family residence exists between this site and Ashley Creek. The site is approximately 200 feet from the creek. Mrs. Moyer clarified for the record, that this is not a family -based apartment complex. The bulk of the apartments are intended for handicapped units and 16 units are considered "transitional living", with anticipated minimal numbers of children. They plan to buffer the site with trees and hedges to work as a fence. She explained the restrictions involved with the floodplain area. With federal funding, any floodplain development kicks the environmental review process into a different category. As a result, a physical fence cannot be placed in the floodplain. She stated that the City's reputation is on the line. This project is a well designed, well thought out project that has the money to maintain it. A few years from now there wi11 be enough money in reserve to build a fence. But, in order to get the federal grant money 2 at this time, a fence in the floodplain cannot be addressed. Motion Kennedy moved to adopt FRDO conditional use report #KCU-94-05 as findings of fact and forward a favorable recommendation for approval of the conditional use permit with the eight recommended conditions as submitted. Carlson seconded. On a roll call vote, Bahr, Hodgeboom, Carlson, Lopp, Kennedy, Sanders, DeGrosky and Hash voted in favor. Fraser abstained. HERRON Hash introduced a request by Herron Development for a DEVELOPMENT / conditional use permit to construct a bulk fuel storage CONDITIONAL facility in Kalispell. The storage facility will be USE PERMIT located on property on the west side of 5th Avenue West North, west of the Kalispell Center Mall. Access would be from 5th Avenue West North and 6th Avenue West North. The site is zoned B-5, Industrial Commercial, and contains approximately 3.5 acres. The design would expand the existing facility north of the railroad tracks. The site is more particularly described as Tract 1, Kalispell Townsite Commpany's Addition #1 in the SW4 of Section 7, T28N, R21W, P.M.M., Flathead County, Montana. Staff Report Parsons presented report #KCU-94-04. The request to expand a bulk fuel storage facility was evaluated in �l accordance with the statutory criteria for granting a conditional use permit. Staff recommended conditional approval of the permit subject to eight (8) requirements as set forth in the report, and recommended adding condition #9 to require that 6th Avenue WN be paved from the existing pavement to the property. Public Hearing The public hearing was opened to those in favor of the In Favor proposal. Dallas Herron, owner/manager of Valcon, explained the project and site plan, as outlined in a handout distributed to Board members. He addressed the paving of 6th Ave WN. They are presently negotiating with the City of Kalispell with their project on Railroad Street, which is a private road, stating that safety and public access discussions are underway. They intend to pave the entire site for dust abatement and storm water control, and are working with the City on this project. It was noted for the record that a letter dated April 7, 1994 was received from Doris Sonstelie, an adjacent property owner, stating her concerns regarding this project. 3 There was no further public input either for or against the proposed project. The public hearing was closed and meeting opened to Board discussion. Discussion There was considerable Board discussion on the paving of,6th Avenue WN in conjunction with Railroad Street. The restrictiveness of'EPA, state and city regulations for a bulk fuel storage facility were clarified. Kennedy asked when 6th Avenue WN was scheduled to be paved by the City of Kalispell, and questioned the additional condition to pave. She suggested that condition #9 be amended to include that 6th Avenue WN be paved in cooperation with the City of Kalispell, as it is going to be paved this summer. Condition #9 was added to read: "Coordinate with 6th Avenue WN and Railroad Street reconstruction to enhance safety and general public use." Motion Lopp moved to adopt report #KCU-94-04 as findings of fact and to recommend granting the conditional use permit to Herron Development to expand the bulk fuel storage facility subject to- the nine conditions as discussed. Kennedy seconded. Kennedy noted for the record that she believes that 6th Avenue WN will be paved this year. Carlson commended the developer on the inclusion of a landscape buffer. There being no further discussion, the Board voted 9-0 in favor of granting the conditional use permit. ASHLEY MEADOWS Next, Hash introduced a request by Dennis Carver of the PRELIMINARY Somers Land Company for preliminary plat approval for PLAT a 240 lot residential subdivision and 3 tracts for future development to be known as Ashley Meadows Subdivision. The property is zoned Flathead County R-4 Two Family Residential and contains approximately 85 acres, located on the west side of Airport Road south of South Meadows Subdivision. It is further described as Assessor's Tract 4, in the SE4, of Section 19, T28N, R21W, P.M.M., Flathead County, Montana. Staff Report Parsons presented report #FPP-94-10, which evaluates the request for preliminary plat approval of a seven phase subdivision. Staff recommended approval subject to 15 conditions, with condition #3 to be amended by deleting the words "...anel-street-tree-planting". He suggested that condition #15 be amended to read: "Prior to final plat of each phase, annexation of each respective phase shall occur." Add a condition #16: "Street tree planting is to be coordinated in Partnership with the City of Kalispell Parks Department." Public Hearing The public hearing was opened to proponents of the In Favor project. 4 David Greer, representing the developer Dennis Carver, 1 spoke in favor of the proposal. He pointed out that this property is uniquely situated in that preliminary plat goes to the County Commissioners for approval, but each phase of final plat will be annexed and go before City Council for approval. He has reviewed the staff report and is in general agreement with the conditions. However, he felt that condition #3 and #11 were redundant, and that condition #8 and #13 could be combined. This is a large development with an anticipated build out time of 15 years. They are proposing 66 foot ROW to provide for boulevards. The lots are oversized for the R-4 designation, with an average lot size of 9500 square feet, the smallest lot being 8600 square feet. The remaining acreage is considered a lot and must go through the review process if developed at a later date. There being no further speakers either for or.against the project, the public hearing was closed. Discussion Lopp questioned the cash -in -lieu of parkland. Given the density of this subdivion, there would be a need for a park area. Parsons responded that the City Parks Department requested cash in lieu in order to develop the park north of this project. Motion Kennedy moved to adopt report FPP-94-10 as findings of fact, forward a favorable recommendation for preliminary plat approval of the 240 lot subdivision known as Ashley Meadows, with conditions amended as follows: Condition #3 delete "... and--st-r-eet---t-r-ee planting"; #8 combined with #13; deletion of #11; amend #15. "Prior to final plat of each phase annexation shall occur." Add #16. "Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department." Lopp seconded. Amended Motion Carlson noted that the annexation of Phase I would be piecemeal annexation. The motion was amended to include in condition #15 "that Tract A & B be annexed with Phase I." Lopp seconded the amended motion. On a roll call vote, Hodgeboom, Sanders, Kennedy, Bahr, Lopp, Carlson, Fraser, DeGrosky and Hash voted unanimously in favor of granting conditional preliminary plat approval for Ashley Meadows Subdivision subject to the amended conditions. JUMP ZONE The next public hearing was on a request by John Jump CHANGE / to amend the Evergreen & Vicinity Zoning District Map R-2 AND B-3 by changing the zoning on approximately 5.8 acres from TO B-2 R-2 One Family Limited Residential and B-3 Community �i Business to b-2 General Business in accordance with the Flathead County Zoning Regulations (Flathead County Resolution No. 955A). The property is located on the 5 southeast corner of U.S. Highway 2 and Cottonwood �~ Drive. Staff Report Parsons gave a brief overview of report #FZC-94-07. Based on evaluation of statutory criteria for a zone change, Parsons suggested that the recommendation be forwarded to the County Commissioners or the City Council, whichever has jurisdiction for approval of the requested zone change from R-2 and B-3 to B-2. Public Hearing Pete Rice, 281 Chapman Hill Road, Bigfork, who is a In Favor prospective tenant for Mr. Jump's property, explained his intentions to operate a boat sales and repair business. He would sign a long-term lease with Mr. Jump, and has operated similar businesses in Great Falls, Billings and Kalispell for many years. They want to expand their operation to employ additional people. They plan to landscape, maintaining the existing mature trees located on the site. He is in favor of the zone change request. Gary Collier, Kalispell Neon, is in favor of the zone change. There was no opposition to the proposed zone change. The meeting was opened to Board discussion. Motion Fraser moved to adopt report #FZC-94-07 as findings of fact, and pass on to the County Commissioners or City Council whichever has jurisdiction a favorable recommendation granting the zone change request. DeGrosky seconded. On a roll call vote, the motion carried on a 9-0 vote in favor. BAILEY ZONE Hash introduced a request by Betty Joan Bailey et al, CHANGE / to amend the Willow Glen Zoning District Map by R-1 AND R-5 changing the zoning on approximately 6 acres from R-1 TO B-2 Suburban Residential and R-5 Two-family Residential to B-2 General Business in accordance with the Flathead County Zoning Regulations (Flathead County Resolution No. 955A). The property is located south of Montana Highway 35 and east of Shady Lane. Staff Report Parsons presented report #FZC-94-06. Based on the evaluation of statutory criteria for a zone change request, staff determined that the property located south of Spring Creek is not appropriate for commercial zoning. It is recommended that the requested zone change on the property north of Spring Creek be approved (R-1 to B-2) and the commercial zone request for the parcel south of Spring Creek be denied (R-5 to B-2). The applicant is pursuing the zone change in �} order to operate an RV -Campground, which is allowed in a B-2 zone classification. An option was suggested to have staff look into the possibility of a text A �- amendment to allow an RV -Campground as a conditional use in an R-5 zone. Public Hearing Bob Hafferman, technical representative for Joan Bailey In Favor and Dick Alex, stated that they are not in favor of the recommended denial of the zone change on property located south of Spring Creek. Dick Alex owns the strip of property zoned R-1, which he feels constitutes spot zoning. Mr. Alex would, like his entire property zoned B-2, as a text amendment would not benefit him. Ms. Bailey desires to put in an RV park and campground on her property, which currently has a motel, trailer homes, and mini -storage units on it. There is a mixture of uses existing in the area. The proposed use would be compatible with the surrounding uses. Mike Barrett, 1045 Conrad Drive, is in favor of the requested zone change to allow an RV park. It would complement the other uses on her property. Cindy Jones, 827 3rd St. W, is in favor of the zone change. Joan Bailey, 17 Shady Lane, explained that the reason for the requested B-2 zone was that it was the only zone which allowed an RV park - campground. (mil Wally Massie, owns property at 22 Shady Lane, feels that an RV park is a good use for Ms. Bailey's property. Linda Mellott, owner of E1 Rancho Motel on Highway 35, feels an RV park is important, and is a compatible use in this area. Jack Barrett, Lakeside, owns the mobile home park at the corner of Conrad Drive and Shady Lane, and has no problem with having a campground in the neighborhood. Gary Collier, Kalispell Neon, located across the creek from Joan Bailey, does not understand why the property across the creek can't be zoned commercial. Commercial uses already exist there. He is in favor of the zone change. Opposition There were no speakers in opposition to the proposed zone change. The public hearing was closed and the meeting opened to Board deliberation. Discussion Board clarified the definition of the R-5 zone classification as well as the permitted and conditional uses allowed. �JIt was observed that the proponents were in favor of the project, but not necessarily the B-2 zone. The uses currently allowed in an R-5 zone are not in 7 conflict with the proposed use. Considerable concern was voiced with extending the B-2 zone along Shady Lane and the spread of B-2 into a residential area. The uses allowed in an R-5 zone are similiar to an RV park as a conditional use and would maintain the residential character. Since a good portion of this tract is in the floodplain, it was noted that this type of a use is more beneficial than either residential or commercial uses in the floodplain. Lopp reviewed previous actions taken on this property. He argued that B-2 would legitimize the historical use of the property. Spring Creek is not a valid boundary, as that could open up much more area to the B-2 designation. A text amendment would affect every R-5 zone in the County, and open all of Shady Lane to RV parks. Fraser noted the area is Master Planned as suburban residential, and Spring Creek as a protected green area. Motion DeGrosky moved to accept FRDO staff report #FZC-94-06 as findings of fact and forward a recommendation to the appropriate governing body, to deny the zone change request. Kennedy seconded. On a roll call vote Sanders, Kennedy, Fraser, DeGrosky, Hodgeboom, Carlson and Hash voted in favor. Bahr and Lopp voted nay. The motion carried on a 7-2 vote. Motion Kennedy made a motion to direct staff to bring forward a recommendation for a text amendment to the Zoning _J Ordinance to allow for RV campgrounds as a conditional use in the R-5 zone classification. Carlson seconded. On a roll call vote Carlson, Hodgeboom, Fraser, Sanders, Kennedy, Bahr, DeGrosky and Hash voted aye. Lopp voted nay. The motion carried on a 8-1 vote to have staff in'vestigate and bring forward a text amendment. O'CONNELL Next item was a request by Dennis O'Connell on behalf ZONE CHANGE / of O'Connell Farms Limited Partnership to amend the AG-80 TO Lower Side Zoning District Map by changing the zoning SAG-10 on approximately 39 acres from AG-80 Agricultural to SAG-10 Suburban Agricultural in accordance with the Flathead County Zoning Regulations (Flathead County Resolution No. 955A). The property is located on the east side of Demersville Road approximately 1/2 mile south of Lower Valley Road. Staff Report Parsons presented an overview of report #FZC-94-05. Based on evaluation of statutory criteria for a zone change, staff recommended granting approval. Public Hearing Dennis O'Connell, 2711 Lower Valley Road, explained In Favor that much of the subject property is floodplain. He / has gone through the process with FEMA to change the floodplain classification, and has been approved for two septic systems on the property. The process was started prior to zoning, and they want to continue with their plans to split the property. There being no further testimony either for or against the requested zone change, the public hearing was closed. Discussion The Board discussed the surrounding zone classifications and questioned the transition areas and the statement that this area is expected to become higher density. The preservation of prime agricultural lands was a general concern. It was decided that the floodplain constraints will limit residential growth. However, where does one draw the line between a transition zone and the surrounding area to be protected? Motion Bahr moved to adopt FRDO staff report #FZC-94-05 as findings of fact and forward a favorable recommendation for the zone change request. Lopp seconded. On a roll call vote, the Board voted unanimously in favor of granting the zone change from AG-80 to SAG-10. Fraser stepped down from the Board due to a conflict of interest on the next agenda item. REIMANN Hash introduced a request by Roger and Marjorie Reimann CONDITIONAL for a conditional use permit to allow a 6-unit USE PERMIT apartment complex in Kalispell. The complex will be located on the west side of College Avenue approximately 1,000 feet south of Conrad Drive. Access would be from College Avenue. The site is zoned RA-1, Low Density Residential, and contains approximately 18,000 square feet. The site is more particulary described as Lots 1 and 2, Block 1, Willis Addition in the NW 4 of Section 17, T28N, R21W, P.M.M., Flathead County, Montana. Staff Report Parsons summarized the findings in report #KCU-94-03. Based on the evaluation of the request, staff recommended granting of the conditional use permit subject to the 9 conditions, amending condition #5 to strike "Prier-o-tY�e-rss2rrrc-o-f- a-b�elig-pem3 ... ►' and replace with "Prior to occupancy..." Public Hearing Mike Fraser, representing the applicant, explained how In Favor the City abandoned part of the ROW for Sylvan Drive in order for the project to proceed. At present, the extension of Sylvan Drive does not exist, and the City owns the property to the west. For this reason, the applicant opposes requirement #6 to provide curb, gutter and sidewalk on approximately 105 feet which r" does not connect with anything. Sue Johnson, adjacent property owner, was not opposed to the proposed project. Q Hearing no further comment either for or against the project, the public hearing was closed. Discussion Brian Wood, ZA, was asked to explain the issue of the three foot strip along Sylvan Drive given to the applicants by the City of Kalispell. The Board discussed the amount of footage involved with the abandonment procedure. It was the concensus that all property owners on the "unnamed street" should be included in an SID for curb, gutter and sidewalks. Motion Hodgeboom moved to accept report #KCU-94-03 as findings of fact, and recommend to City Council to grant the conditional use permit subject to the conditions, with #5 amended to read "Prior to occupancy" instead of "p r i e r -to- i-ssttai-rce- -o-f- a 4rtt :� l-d:rrtg p-err-ttrrt ", and to delete condition #6. DeGrosky seconded. Discussion followed on the motion. Carlson noted that the site is heavily vegetated and asked if the developer intends to tear out the beautiful old trees, or if he intends to maintain the integrity of the neighborhood. Fraser responded that most of the trees will remain, all on the north side will be retained. Kennedy had concerns with the amount of activity and overflow parking for six units, and the paving of Sylvan Drive. Amended Motion The motion was amended to replace condition #6 with the following: "Sylvan Drive will be improved with curb, gutter and pavement if access to the development is from Sylvan Drive." On a roll call vote Kennedy, Bahr, Sanders, Hodgeboom, DeGrosky, Carlson, Lopp and Hash voted unanimously in favor of granting the conditional use permit. Fraser returned to the Board for the final public hearing. ANDREWS A request by Rolland B. Andrews for a conditional use CONDITIONAL permit to allow a bed and breakfast in Kalispell. The USE PERMIT property is located on the northwest corner of Woodland Avenue and Sixth Street East. Access would be from Woodland Avenue and 6th Street East. The site is zoned R-3, Urban Single Family Residential. The design would allow the existing house to be used as a bed and breakfast. The site is more particularly described as Parts of Lots 4,5 and 6, Block 199, in the NW4 of Section 17, T28N, R21W, P.M.M., Flathead County, Montana. Staff Report Parsons presented report #KCU-94-02. Staff recommended granting the conditional use permit subject to the conditions setforth in the report. 10 Public Hearing Laurel Andrews, 528 Woodland Avenue, was in general In Favor agreement with the conditions. She noted that the driveway entrance is already concrete, and their intention is to pave the area that is gravel. She said they would prefer to put hedging along the street rather than along the driveway to screen parked cars. Cindy Jones, 827 3rd Street West, spoke in favor of the proposed bed and breakfast. There being no further comment either for or against the requested conditional use permit, the public hearing was closed. Discussion The Board clarified the definition of who could be employed by the residents operating the bed and breakfast. Lopp recalled that the applicants had applied some years ago for a conditional use permit for a bed and breakfast, and the neighbors were opposed. Mrs. Andrews replied that they have contacted twelve of their neighbors to alleviate their concerns. The Board agreed that the landscaping was best left to the Site Plan Review Committee. Motion DeGrosky moved to adopt FRDO Conditional Use Report #KCU-94-02 as findings of fact, and forward a favorable recommendation to City Council for approval of the permit subject to the conditions as corrected. On a roll call vote the Board voted 9-0 in favor of granting the conditional use permit. OLD BUSINESS Parsons informed the Board that pursuant to their desire to have open space/parkland preserved as part of the fairgrounds development of the North Meridian Plan, City Council has indicated that adequate open space and parkland already existed in the area. The County Commissioners advocated a buffer, but no park. Kennedy presented Council's position to upgrade the currently underused Washington Street park. DeGrosky felt the fairgrounds property presented an opportunity to develop a high quality development which utilizes open space. Lopp agreed that open space and recreational uses be incorporated with development, and be utilized as public space rather than just a buffer of landscaping which keeps the public off the lawns. Parsons was instructed to pursue a linear park system as a buffer with pedestrian and bikepaths. A 4-way stop at the intersection with the road from Meridian Pointe onto North Meridian was discussed. Wood explained to the Board that a traffic study which was a condition of approval ,does not warrant it at this time. NEW BUSINESS Kennedy gave a status report on the Highway 93 EIS Advisory Committee meetings. The committee will meet 11 all day Saturday, April 23 to reach concensus on a preferred alternative. Public comment period is open until May 2. Carlson distributed CPC Master Plan draft documents. The Policy segment (1 of 4) is being looked at by neighborhood groups for comments. A general meeting on the draft will be held April 28 at the Outlaw. Flathead County Planning Board will be holding a series of meetings throughout the summer and have asked help from all the Planning Boards in facilitating the process, a meeting for which is scheduled on April 20. Sustainable development is based on the principle of providing for the needs of the current generation without compromising the ability of future generations to provide for their needs. DeGrosky announced that a woman in Polson is organizing 5 counties along Highway 93 to address billboard issues. A meeting will be held in Polson Saturday, April 16. The Evergreen "strip" annexation issue is on the agenda for May which involves only the B-1 zones. Wood advised the Board that the topic of discussion will be the recommended zoning classification of the annexation. All City staff are available to answer questions regarding this matter. ADJOURNMENT There being no further business the meeting was adjourned at 10:15 p.m. l Therese Fox Hash, President E1'z eth Ontko, Recording Secretary APPROVED: 6W 12