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05-10-94 Planning Board- KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING MAY 10, 1994 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 7:05 p.m. Board members present were Kennedy, DeGrosky, Bahr, Lopp, Carlson, Fraser, Sanders, and Hash. Hodgeboom had an excused absense. John Parsons, Senior Planner represented the Flathead Regional Development Office. Brian Wood, Zoning Administator, represented the City of Kalispell. There were approximately 25 members of the public in attendance. APPROVAL OF The minutes of the April 12, 1994 meeting were approved as MINUTES submitted on a motion by Kennedy, second by Bahr. KALISPELL A request by the City of Kalispell for initial City zoning on ZONING / approximately 149 acres to be zoned B-2, General Business; and EVERGREEN approximately 88 acres to be zoned P-1, Public. The property is STRIP more commonly known as the Evergreen Strip located both sides of US Highway 2 and Montana Highway 35 from the existing City limits on the west to Cottonwood Drive on the east, in Sections 4,8 and 9, of Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The City has withdrawn the application and no public hearing will be held on this matter at this time. NORTH Hash announced that due to the immense crush of work at the MERIDIAN Flathead Regional Development Office, the Board discussion of the NEIGHBORHOOD North Meridian Neighborhood Plan will be continued to June 14, PLAN 1994. With regards to the North Meridian plan, a letter was received from Jim Shaw; and three petitions were submitted. LUPTON-LISTER Next on the agenda was a request by William J. Lupton and Mark ZONE CHANGE / Lister to amend the Willow Glen Zoning District by changing the R-2 TO B-2 zoning on approximately 5 acres from R-2 One Family Limited Residential to B-2 General Business in accordance with the Flathead County Zoning Regulations (Flathead County Resolution No. 955A). The property is located on the south of MT Highway 35 east of the LaSalle Road extension. Staff Report Parsons presented an overview of report #FZC-94-10. Based on the evaluation of statutory criteria for a zone change, staff recommended approval. Public Hearing William Lupton, one of the applicants and owner of Snappy's Sports In Favor Senter and Warehouse, spoke in favor of the zone change request. He described, the existing uses for the seven parcels under consideration for B-2 zoning, which are all business uses. He pointed out that an arbitrary line for B-2 zoning was drawn through the warehouse building when the Evergreen area was zoned. There was no further testimony either in favor or in opposition to the zone change request. The public hearing was closed. Discussion The Board were in agreement that this is a suitable zone change. Motion Kennedy moved to adopt #FZC-94-10 as findings of fact and forward a favorable recommendation to the County Commissioners to grant the zone change request from R-2 to B-2 on the property as described. Fraser seconded. On a roll call vote, all Board members present voted unanimously in favor of granting the zone change request. BURT The next item was a request by Craig Burt of Kingswood CONDITIONAL Townhomes Development to allow as a conditional use permit the USE PERMIT construction of seven (7) apartment units in two buildings on Lot 3 of Liberty Village in Kalispell. The access would be from Liberty Street to the interior drive and parking. The site is zoned RA-1, Low Density Residential Apartment; the design would supply 18 onsite parking spaces and utilize existing City services. Staff Report Parsons presented report #KCU-94-06. Based on staff evaluation of the request, it is recommended that the conditional use permit be granted subject to six (6) conditions setforth in the report. Public Hearing Craig Burt, 187 Rosewood, the applicant, spoke in favor of the request and was in agreement with all conditions of approval. There were no other speakers either for or against the proposal. CJ The public hearing was closed and the meeting opened to Board discussion. Discussion The parking plan was discussed and it was clarified that sidewalks are in place on Liberty Street. A landscaping plan will be submitted to the Site Plan Review Committee. Motion DeGrosky moved that conditional use report #KCU-94-06 be accepted as findings of fact, and recommend to City Council that the conditional use permit be granted subject to the six conditions. Lopp seconded. On a roll call vote, the Board voted unanimously 8-0 in favor. NORWEST BANK Hash introduced a request by Norwest Bank to allow as a CONDITIONAL conditional use permit the expansion of the banking facilities with USE PERMIT additional drive -up facilities on Lots 7,8,9,10,11, and 12, Block 58, Original Kalispell Townsite, Kalispell. The access will utilize the existing driveway from 3rd Street East to the interior drive and add a drive -up facility on the west side of the property adding an exit to 2nd Avenue East. "• -�uEa te-allow-diagonal=paring-on tlte� street=wrnrli-occur The site is zoned RA-3, Residential Apartment/Office which permits Drive-in Banking Facilities with a Conditional Use Permit. Staff Report Parsons presented an overview of report #KCU-94-07. The proposal was evaluated in accordance with the criteria for a conditional use permit, and staff recommended granting the permit subject to four (4) conditions. Public Hearing Ken Williams, architect representing the applicant, attested that In Favor Norwest Bank has been very succussful in the past few years, 2 and their commercial clientele has increased significantly, thus the reason for expanding the drive -up facilities. He explained the design of the project. Proposals have been solicited from four engineers specializing in traffic studies per staff recommendation. He gave a detailed overview of the proposed traffic flow and parking provisions. He noted that the bank will see an increase in customers whether the bank facility is added to or not. They are specifically trying to accomodate commercial traffic. Chet Ma3�hugh, whose office is located across the alley, east of the drive-in lanes, stated that the bank has been a very good neighbor over the years, and he is appreciative of that. He also has an interest as a trustee of the Central Christian Church, pertaining to the proposed diagonal parking on 2nd Avenue East. It was explained to Mr. Mao.1hugh that the parking issue is not under consideration at this public hearing. Steve Olson, President of Norwest Bank of Kalispell, addressed the questions on the volume in an attempt to illustrate what this proposal is trying to do. The auto bank was built in 1974 and has not been upgraded since. He cited the statistics for the past five years, which breaks down to about a 15% increase per year. The commercial traffic is part of their gridlock problem, because those customers tend to take longer to accomodate their transactions. The expansion will probably eliminate about 11 Uparking spaces. Based on the square footage of the building, they are required to have 60, and they currently have 80 parking spaces. He feels that their proposal maximizes the total efficiency of the bank. Opposition No one spoke in opposition to the proposal. There being no further testimony either for or against the project, the public hearing was closed, and the meeting opened to Board consideration. Discussion Kennedy commended the building design, as a efficient use of space, and attested to the delays experienced in the commercial lane. She felt that the traffic flow pattern had been addressed and would be accomodated onto 2nd Avenue East. Fraser questioned the need for a traffic study. DeGrosky asked if any street trees would be removed. Williams responded by showing a model of the expansion, no trees will be removed. DeGrosky asked if the intent was to transfer services from the main bank. Mr. Olson responded that statistics show that approximately 75% of their customers use the auto bank. He is projecting for a 15% growth which they are trying to accomodate, as well, with the expansion. Motion Bahr moved to adopt the findings of fact in report #KCU-94-07, and forward a recommendation to City Council to grant approval of the conditional use permit for the bank expansion, subject to the four conditions as submitted. Kennedy seconded. On a roll call vote, DeGrosky, Lopp, Sanders, Carlson, Bahr, Fraser, Kennedy, and Hash voted unanimously in favor. 3 FLATHEAD The next public hearing was on a request by Flathead Industries INDUSTRIES for a Kalispell Zoning Ordinance Text amendment to allow TEXT "Community Residential Facilities" in Section 27.14.030, Conditional AMENDMENT Use Permits, in the B-2 General Business zone. Staff Report Parsons presented the findings in FRDO report #KZTA-94-03, which analyzed the request for a text amendment to allow "Community Residential Facilities" as a conditional use in a B-2 zone. This type of use is currently allowed in all the Residential zones, the H-1 and P-1 as a conditional use. Public Hearing Mike Kelly, Executive Director of Flathead Industries, spoke in In Favor support of a text amendment to allow a residential and rehabilitation facility in a B-2 zone classification as a conditional use. A B-2 zone would be conducive to a group home for adults as it would be close to services and the residents can walk to community provisions and feel included in their community. John Constenius, Board member for Flathead Industries, spoke in favor of the text amendment, as the use would allow residents in a group home to share the advantages of being in close proximity to commercial services, services which others enjoy by being able to drive. He wanted to point out that Flathead Industries has a good track record of incorporating group homes into residential areas, and the residents have been good neighbors. C�) Opposition No one spoke in opposition to the text amendment. There being no further comment either in favor or in opposition, the public hearing was closed and the meeting opened to Board discussion. Discussion The text amendment was scrutinized for the .advantages to the community as well as to the petitioners. The B-2 zone is considered a buffer zone to a B-1, and this use is a valid one for the location being in proximity to the Kalispell business district. A community residential facility is presently provided for in zones of a more residential character, as well as the hospital and public zone classifications, so the Board agreed that this type of use was, appropriate in a B-2 district. Motion Lopp moved to recommend approval of the zone text amendment to allow community residential facilities in a B-2 zone and adopt the findings of fact in report #KZTA-94-03. Carlson seconded. On a roll call vote the motion passed unanimously on a 8-0 vote. FLATHEAD Next was a request by Mike Kelly of Flathead Industries to allow INDUSTRIES as a conditional, use an eight (8) person group home (Community CONDITIONAL Residential Facility) in the B-2 zone. The proposed location is on USE PERMIT the east side of 4th Avenue West approximately 150 feet south of Center Street, more particularly described as Lots 9 and 10, Block 32, Original Kalispell Townsite. Staff Report Parsons presented report #KCU-94-08. The request for a conditional use permit to allow a community residential home was evaluated in accordance with the review criteria. Staff recommended granting the permit subject to five (5) conditions in 4 the report with an additional requirement to pave the alley to be . used as an exit. Wood informed the Board that one of the conditions of approval for the dentist office under construction in the same area, is to pave the alley. Board agreed by consensus to include "alley paving" in condition #3. If the alley is already paved when the group home is built, then that requirement will have been met. Public Hearing Mike Kelley, Flathead Industries, described their plan to build a In Favor group home for eight developmentally disabled adults. They have five other homes in the community and have had excellent rapport within the various neighborhoods. He assured the Board that the State contracts will not allow more than eight individuals in such homes. Opposition Discussion John Constenius, architect for Flathead Industries, and has been a Board member for quite some time. Flathead Industries has successfully integrated other group homes within the community. They have no complaint with any of the staff recommendations. He addressed the parking issue on the property. He submitted a revised site plan. He stated that they were willing to make modifications to the site to accomodate the parking concerns. Staff pointed out that the new site plan must be in substantial conformance with the site plan staff reviewed. Glen McClure, property owner to the south, was not actually opposed to the project, however, would like to see a privacy fence between the two properties. President Hash closed the public hearing. Parsons announced that the submitted site plan is substantially different and recommended that this matter be continued until staff has a chance to review it. Wood suggested that the Commission look at the site plan to make sure all the components work to satisfy the criteria. He pointed out that if the other site plan didn't work, the Board would be modifying it, as well. One of the reasons for the submitted changes, is a result of City Council workshop review. Additional parking in a B-2 zone was requested. Parsons responded that he had no problem with providing additional parking, but the plan depicts a different building configuration and deserves adequate staff review. Fraser felt that the Site Plan Review Committee will review any plan submitted, and the conditions of the permit cover all aspects of revision. Considerable Board discussion resumed on whether or not a conditional use permit can be granted on a building design or whether the use of the property is independent of the building. John Constenius was recognized to address his revised site plan. He explained that the square footage of the building is the same, 5 however he has refined the interrelationships within the home. The building was pushed to the south to gain extra parking space. A $60,000 State grant is in jeopardy if the project is delayed, therefore they will stick with the original site plan in order not to lose the grant money. Lopp observed that the developer is caught in the squeeze between different arms of government. The Board is not approving a particular building, but a use of the site. Motion Fraser moved to adopt the findings of fact in report #KCU-94-08, and grant the conditional use permit subject to the conditions with an amended condition #3 to read: "A parking, alley paving, fencing, landscape plan..." Bahr seconded. As a point of clarification the motion was made to approve the recommendation made on the original site plan submitted for staff review. On a roll call vote Carlson, Bahr, DeGrosky, Lopp, Fraser, Sanders, Kennedy and Hash voted unanimously in favor. OLD BUSINESS The North Meridian Plan scheduled under old business, has been continued until a later date. NEW BUSINESS Discussion of the B-1, Neighborhood Business zoning was turned over to Brian Wood. Wood began by handing out copies to define a bit of the evolution of the B-1 zoning and a map of the areas in Kalispell zoned B-1. A history of the zone and the challenges it has posed to property owners, developers and governing bodies were discussed. Issues which continue to come up is the intent statement for a B-1 zone, and signage. A text change to provide a commercial buffer zone instead of a neighborhood business may be a consideration. Wood asked the Board members to think about the intention of the B-1 zoning, check out the areas zoned B-1, the adjacent uses, the trends and changes occurring and be prepared to have a more formal discussion at the June meeting, and hold a public hearing at the July meeting. All Board members were in accord not to go to summer meeting hours. Meeting time will stay at 7:00 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 9:09 P.M. % �` Therese Fox Hash, President zabeth Ontko, Recording Secretary pop ) APPROVED: / I'l �-- Ikk p- 6 �11 a 6