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09-12-89 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING SEPTEMBER 12, 1989 CALL TO ORDER The meeting was called to order by Charles Manning, President, at AND ROLL CALL 5:35 p.m. Those present were Manning, Stephens, Furlong► Carothers, and Sloan. Hall and Robbins arrived a little later in the meeting. Those absent were Fraser and Hash. David Greer, Senior Planner, represented the Flathead Regional Development Office. APPROVAL OF Carothers moved to approve the minutes of August 8, 1989 as MINUTES AUGUST circulated. Stephens seconded the motion and it passed unanimously. 8, 1989 PROPOSAL TO Manning introduced the proposal by the City of Kalispell to amend the AMEND KALISPELL Kalispell Downtown Redevelopment Plan, an urban renewal plan, by DOWNTOWN RE- expanding the district boundary to encompass an area bounded by Sixth DEVELOPMENT Avenue West, Ninth Street West, Sixth Street West and the alley of PLAN Blocks 94, 197, and 114 of Kalispell Original. The proposal also includes an amendment to the text of the Redevelopment Plan which addresses possible. projects within the expanded territory, including a parking lot. Greer gave an overview of the proposal by the City of Kalispell. He defined the redevelopment plan, which was adopted in 1979, and explained the purpose of the Kalispell Redevelopment Plan. Projects that can be undertaken within the Kalispell Redevelopment District are improvement of infrastructure, redevelopment of substandard housing, land acquisition, demolition and removal of structures, relocation of occupants in the acquisition process, public parking lots and off-street parking facilities, public buildings and other public improvements. The plan also set up some funding mechanisms to accomplish those improvements. One of the biggest is through the creation of the Tax Increment District. The existing location of the Redevelopment District was shown on a map. The proposal is to expand the current area to pick up a ten block area in and around the high school. The purpose is to implement urban renewal projects. The process started formally by a request from School District 5 to address some parking problems in and around the high school. The Kalispell Development Corporation endorsed this proposal through their executive committee. This was then sent to a committee of the City Council. The City Council as a whole body passed a resolution of intent, which initiated the public hearing process. A recommendation will be sent by the Planning Board to the City Council. Everyone in the current redevelopment district and all those in the area to be considered for expansion will receive a letter prior to the City Council public hearing. The question to be addressed by the Planning Board and City Council is whether or not the 10 block area should be added to the redevelopment district. Associated with that would be any appropriate text amendments to the Plan. There is discussion of a possible parking lot for the high school, however it should be noted that this would be a project within the redevelopment district. This cannot be considered a project until after the expansion of the redevelopment district and then any project proposed will be subject to another public hearing before this Board. No decisions will be made as to whether a parking lot is desired or where it should be located. Some of the rationale for expanding into that area will be explained by Ross Plambeck and Ed Gallagher. Ed Gallagher, director of the Community Development Office for City of Kalispell, explained the request made by Bill Cooper, Superintendent of School District 5. There is apparently a lot of problems in the vicinity of the high school. The staff is looking at this problem as being a problem of the city of Kalispell rather than just a school problem since the High School has been a community center for a number of years. A large number of the homes in the vicinity are in need of standard repairs. Most of the utility lines are 50 years old or older and some areas do not have storm drainage. In some of the projects, Tax Increment Financing can be used. Tax Increment Financing has been a worthwhile project in Kalispell and of great benefit. Ross Plambeck explained the body of the proposal stating that the off-street parking issue is one of the items to be considered along with house rehabilitation and improvement to the infrastructure, street, curbs, gutters, water lines, sewer lines and storm drainage. 75% of the homes in the area could use minor to major home rehabilitation. There are 123 structures in the area. There is also a potential westside historical district. The school district did a count of on -street parking that showed there were 419 cars parking on the street. If the average needed for a parking space is 300 square feet multiplied by 419, there is a need for one to one and one-half blocks to meet the parking in that area. Plambeck felt that there needed to be a study of the traffic patterns in that area to determine the best location for a parking lot. The Kalispell City - County Planning Board is being asked to determine the effect, if any, of the proposed expansion on persons displaced by expansions. Plambeck did not feel that anyone would be displaced by the actual expansion of the District. He added that it would not increase the property taxes or take away their property rights. The zoning in the area would not be affected. The Planning Board is also to consider the conformity of the expansion with the Kalispell City -County Master Plan and with the Kalispell Downtown Redevelopment Plan. Plambeck cited several sections within each of these plans showing how the expansion meets the goals of these plans. The goals accomplished could be improvement of neighborhoods, housing rehabilitation, street improvements and reduction of traffic hazards. The third item the Planning Board is to address is whether the proposed expansion will afford a maximum opportunity, consistent with the needs of the 2 community, as a whole, to rehabilitate and redevelop the urban renewal area by private enterprise. That question was addressed by Ed Gallagher in reference to the high school as a community center and a neighborhood concern. There is a sound and adequate financing program in existence now. Ad Clark, Police Chief, spoke concerning the parking lot issue. The parking lot problem is also a safety problem associated with the traffic issue. The number of accidents and injuries in that area is higher than that in larger cities in Montana. Last year there were 44 accidents and 13 injuries. If there is a solution to this problem through the Tax Increment Funding, then the solution should be pursued. Public Hearing Manning opened the public hearing calling for comments from proponents. Jim Collins of 836 Third Avenue West stated that his concern is the traffic flow problem. He felt that the parking lot was necessary. Location of the parking lot is very important when considering the little kids that go to Elrod School and must walk through this traffic maze. Other than those considerations this is something that should have been done a long time ago. He stressed routing the traffic around and away from the Elrod School and children walking to school. Carlene Khor, 229 Seventh Street West, agreed with Mr. Collins. There is no reference to Elrod School and the foot traffic in the report concerning this proposal. She felt that the Board should address areas in their motion that should not be considered for a parking lot. People have questions about why there is no parking policy for students driving to school. Since she lived in one and one-half blocks from the high school she felt that without a parking policy students would still be parking in front of her property even if there is a parking lot built. Russ Winters, principal of Elrod School, stated that his main concern is the safety of the children. He also felt that once there is a parking lot those accessing and egressing the parking lot should be directed away from the Elrod School area. Manning encouraged the people to address the other issues included in the text amendment. Ed Gallagher stated that when the district is expanded no new revenue will be generated by that. It is residential property. Tax increment financing revenue is generated from major new construction or major expansion or remodeling of commercial entities. The residential taxes are not going to be affected by this. When a project is proposed, it is considered by the Tax Increment Committee and they make a recommendation back to the City Council Community Development 3 Committee and goes through the budget process. Only projects eligible under state law can be considered. John York asked what affect the expansion of the redevelopment district has on the historical preservation district designation? Ed Gallagher stated that the two districts can go hand in hand. The money generated from Tax Increment is not federal money. Neither of these districts will prevent the private use of the property in what ever fashion deemed. Norma Thurston asked if the designation of a historic district would prevent a residence from being taken for a parking lot? Ross Plambeck stated that being in a historic district is a voluntary process by the neighborhood and the homeowners. Being listed on the register does not change any of your current property rights that are currently enjoyed. The inclusion in a historic district will not prevent or exempt a home from being considered for a parking lot. Tom Flynn asked several questions one being where the planning board was when the School was allowed to expand into their parking lot. Mr. Flynn asked where the Tax Increment funds came from. He added that when homes are taken for a parking lot there will be some taxable value permanently lost and therefore it does affect taxes in one way. He suggested that the school tear down the old Montgomery Ward building and provide parking there. He also suggested providing parking near the school shops. The tennis courts could be removed and provide more parking. He asked about condemnation process of the --� city. Ross Plambeck stated that they want to work with willing sellers. Manning stated -that when the West Side Park was put in on a basis of willing sellers. Flynn asked who would own the parking lot if it were constructed? Ed Gallagher stated that he would assume there would be an interlocal agreement between the city and the school district. Flynn felt that there were too many unknowns left up in the air with this proposal. Donna Price, 320 Seventh Street West, wondered why Second and Third Streets have not been made one way. streets and wondered if that would ease the traffic problem? Manning requested that questions be directed to the proposal being considered. Ad Clark did say that one way streets have been considered and for one reason or another it has been rejected as a viable solution. Ross Plambeck stated that there has been a lot of good suggestions regarding one way couplets and directing traffic to address the concerns of Elrod School. Plambeck felt that once this question of expanding the redevelopment district is addressed there should be a study of traffic patterns and what is the best way to direct the traffic and then institute whatever traffic patterns are necessary to address the traffic problems. John York, 816 First Avenue West, stated that he is currently in the redevelopment district. He is a teacher at the high school and there is a definite problem that has to be addressed and this proposal n might give the city and the school district some avenues to approach solutions to these problems. Over the last ten years the enrollment at the high school has not changed significantly. Jim Collins stated that many of the homes in his area that are in the redevelopment district have been upgraded and the neighborhood has been improved. The community development area should be expanded because it will be a benefit to the neighborhood. Collins stated that this process for redevelopment is used all of the time in bigger cities. Carlene Khor asked for an explanation of Tax Increment Funds? She also felt that the Tax Increment process was quite slow and that a bond would be faster. Chuck Mercord showed the area included in the redevelopment district currently. The increase in the tax base generated by the real estate improvements is put into the tax increment fund and is used at the discretion of the city for different improvements within the area. The original concept was to use 60-70% of the additional funds created for development of new real estate improvements to the downtown area. Only those funds generated by the increase tax base goes into the tax increment fund. There will not be a great deal of additional tax increment money created by the inclusion of these additional properties. What is trying to be accomplished through the expansion is to provide an additional funding vehicle to the area which would not cause additional tax base to be created within this district. The \' redevelopment area is saying that any increases in the tax base somewhere within the district can be allocated to address the parking situation around the high school. Concerning a School District 5 bond, the possibility of having a bond issue is clouded as long as there is a law suit in the State of Montana concerning the equity of financing education. The current law suit has been continued until the legislature can meet again. It is clouded as to whether a bond issue can even be run since the law suit is existing. A tax increment bond could be done. Ed Gallagher stated that a tax increment bond has been done in the past for public facilities and improvement of streets. General revenue funds are limited by I105 but tax increment funds can be used for street reconstruction and infrastructure improvement. Chuck Mercord felt that properties could be enhanced by being in the redevelopment area. Noel Furlong stated that there is no way that the location of the parking lot or possibility of a parking lot can be pin pointed tonight. The redevelopment district and a historic district are not incompatible. All that is being discussed is a method or an approach to solve some problems that exist in that vicinity. Manning made a second and third call for proponents. There being no other comments he called for opponents. There being no opponents the public hearing was closed. 0 Board Manning pointed out that the four criteria to be addressed in the Discussion findings of fact are found on pages 4 and 5 of the report presented by Kalispell Community Development Department. He stated that these would need to be adopted. He gave the Board time to read the findings and the conclusion which is the recommendation to the City Council. Motion Carothers moved to recommend approval for the expansion of the Redevelopment District and the proposed plan amendments as set forth in the Staff Report titled "Expansion of the Redevelopment Area and Implementing Projects." He added that the Staff Report shall also serve as finding of fact for this recommendation. Hall seconded the motion and it passed unanimously in a roll call vote. HIGHWAY 93 Manning called on Clete Daily to give a report on the Highway 93 ACCESS STUDY access study that he has been conducting. PROGRESS REPORT Clete Daily stated that they are at the point of wrapping up the study. The reason that it was not completed in the time frame proposed, which was August 15, is that he wanted to get some more traffic counts after school started. He felt that the report should be out within the next ten days. He produced some maps that will be in color in the report that were camara ready. There was a base map, contour map► floodplain map, land use map, utility map, and an ownership map. He said that the report should be able to be used for other things besides the traffic study. Three signals, one located at Conway, Sunnyview and Meridian Road are now in the works and will be installed by the Highway Department. To better utilize those signals, the report is proposing a continuous right turn lane on Highway 93 through that area. They are also proposing that a collector street be designated in the area of the hospital in order to -start developing a loop route that will eventually extend all the way up to Indian Trail Road extend up to Grandview Drive. Eventually a perimeter road should be extended from Grandview Drive north to West Reserve Drive. This alternate road could become a service road that would take traffic off of Highway 93 and bring it down from Reserve feeding into the campus and on into the hospital area. The other immediate thing that is being proposed is to install a signal light at Grandview Drive and Highway 93. Hall asked if this would be done before school starts there? Daily stated that the installation of the signal would have to be an agreement between the college and the highway department. It might not be there when school begins. The proposal is on a two year schedule. Hall asked how the Board could assist in expiditing the traffic signals? Daily said the first three are being programmed now. If they are on a fast track you are looking at 2 1/2 years. Therefore, things are going to take a while to get done. n NEIGHBORHOOD Manning introduced the next agenda item calling for a general PLAN FOR discussion of a Neighborhood Plan for property represented by Douglas DEVELOPERS Johns in the area of the Kalispell Regional Hospital. Manning DIVERSIFIED announced that the public hearing was held and closed at the last PROPERTY meeting of the Board. Manning asked Doug Johns to make any comments he has regarding his proposal. Doug Johns, representative of Developers Diversified, stated that the wish of the owners is to dispose of the property in the best way possible because their interests lie elsewhere. The existing comprehensive plan is currently incompatible with development of that property. Two pieces of the property has been sold to be used in both cases for medical purposes. He stated that when he began the process some months ago it had been suggested to do the neighborhood plan in a narrative way with stated goals, create objectives and a course of action. Upon reflection, he felt that stated goals and course of action was too restrictive and follows a little bit in the area of contractual or obligatory zoning. Since that is such a big piece of property and the economic development of the community has been slow for some time, there is not a clear enough picture of how that property will develop. It is impossible to say what is going to happen for the next five to ten years. It may be another five years before that property is fully committed. He stated that he aligned the comprehensive plan as best he could by moving the residential area from off the highway to the interior of the property consuming the easterly portion of the property. This leaves the frontage along the highway to become a broad commercial base. The Planning Office would like us to be able to better define what is going to go into each region by stating uses allowed or not allowed. He did not want to approach it that way. He stated that Developers Diversified will require that any property sold must be zoned and annexed into the city and at that juncture we will be able to get a better and more clearer understanding of what those uses are going to be coupled together with the infrastructure, which includes sewer, water, storm drainage, and road networks. He felt that the proposal by Clete Daily for a service road between West Reserve, Grandview Drive and on into the hospital area was a feasible concept. He asked the Board to evaluate the proposal as seriously as possible realizing that it is desired to create an open honest dialogue between the city, himself, and the Planning Board and Staff so that an orderly development can take place. He wanted to maintain a more flexible approach to it. Board Furlong commented on the connection between Windward Way and Heritage Discussion Place that has been agreed upon was not shown on the map of Clete Daily's. Daily explained how he tied it in and Johns stated that it is not written in concrete exactly how the extention of Windward Way will connect with Heritage Place. Furlong further asked what the problem of leaving things just as they are? Johns stated that one of the problems is that leaving things just as they are could seriously delay for a long time the development of the property. As the existing comprehensive plan sits now, it is not practical to dispose of the property with lower density housing. It is not going to occur. 7 In order to be able to make an orderly development of the property, the Master Plan needs to be amended so that the developers can work for the reasonable disposal of the property. This will help get this project off dead center. Carothers stated that his perspective is that there is no problem conceptually with what is being said in the neighborhood plan. Back in May we were of the belief that we would be presented conceptual ideas of what was going to happen with that property. That has not happened. He felt that there should be a map that would lay it all out and then massage the language of the text and come up with something all can live with. It is not the concept of the Board to develop a plan that sets out specific criteria that the developers would have to live by. He did not feel that the discussion envisioned has taken place and, therefore, would feel uncomfortable making a recommendation to consider this plan. Greer stated that Johns concept is to bring property into the city for annexation and zoning as pieces of the property are sold. That kind of an approach is definitely a piece meal approach. What the Planning Office has been trying to get is a comprehensive approach to the development of the property. One way to do that is through subdivision review. That has not been brought up at this point because Johns does not know what size lots are needed. At this point Developers Diversified is constrained from developing any commercial uses through court order without a plan amendment. Therefore, a Master Plan Amendment is needed. Since there are 40 acres in this tract under one ownership, there needs to be some kind of coordinated development scheme behind it. Otherwise if it is piecemealed together, there will be no coordinated road network, utility network, or compatible uses. There is a mechanism that can be used to get to what we originally discussed. There can be broad policies that say "If commercial uses are going to be developed, there will be provided an interior road system."etc. Specify whose responsibility it is to install the road or install the utilities. This can be done in very general terms. The problem the Staff had with the first draft that Johns put together was that it seemed to be a contract between what Developers Diversified would do if they sold property. We need a plan that would address that certain uses are appropriate or not appropriate to that area and certain residential uses are appropriate or not appropriate to that area. There needs to be some mechanism to be able to review projects in that vicinity. A mix match of zoning could result with development that is never coordinated through a plan narrative. If there were a plan narrative, a lot would be accomplished by looking at the plan and aggreeing that the zoning is appropriate. If haphazard development occurs then the last person that develops there would have to put in all the roads etc. He felt that Developers Diversified has a good basic sound premise. They want to provide landscaping, have a good quality interior road system, and all other things. Lets put it in writing. E. ( 1 Carothers asked Johns if he could do that in a Memorandum of Understanding? Johns felt that he could and probably that he did not clearly understand what the Planning Staff was after in what needs to be done. Greer stated that the plan cannot be linked to the ownership of the property. Carothers felt that the language of the document could handle that problem. Johns stated that there is renewed interest in the property because of the relocation of the College Campus and the recent economic surge in the valley. Carothers asked how does what Johns is asking for differ from the plan that exists today? Greer stated that the map portion of the existing plan addresses that area as urban residential. The map that Johns has drawn addresses a portion of that area where he wishes to have commercial uses. The map does not address what kind of commercial use is anticipated. That sort of thing would be defined in a text or narrative which would be called a Neighborhood Plan. There needs to be descriptions to go along with what is anticipated by the map. Carothers wanted to know why it could not be a conceptual idea on a plan map? Greer felt that it could not be just amended by the map. The current trend is to move toward Neigborhood Plans in certain areas such as Meridian Tracts to direct what are the appropriate uses for large areas that are vacant or changing. Carothers still felt it could be done conceptually on a map without writing a voluminous narrative. Greer stated that a Master Plan is not just a map but rather it is a combination of the map and the text. Associated with the map are goals and policies. There is a need to link the existing documents to this 40 acres and it was decided earlier it would take a combination of a map and narrative. Johns felt that when this is done we are beginning to use the Master Plan as quasi -zoning and that is not what it is for. Zoning comes later when annexation and zoning takes place. Greer stated that there are a variety of uses that might be suitable for that tract of land which could require different zones. A neighborhood plan might be a way to understand how all the different uses might mix together. Johns asked the Board for some sort of direction. Sloan stated that she felt that Johns as a developer should have some sort of vision on paper of what that property might look like, which is not specific to the point of where the trees and the roads are, but maybe a rendition of how it is perceived to be developed and what sort of purchasers would be interested in the land. Sloan asked Johns if he had a vision of what that property should be and pursued those types of interests to locate there? Johns stated that certainly he had an idea as to what should be there and what should not be there. He felt that he had done that in his original narrative. Carothers stated that he did not disagree with the narrative conceptually but wished that he would put what is in 9 the narrative on a conceptual map. Johns stated that perhaps he 1 should put phrases like everything but this kind of use would be allowed. Greer stated that the master plan does not do this currently and a Neighborhood Plan needs to address some things more distinctly than the Master Plan does. In the absence of zoning or a master plan amendment the only uses that could go up there is residential. Carothers felt that if Johns would come in and tell the Board what it is that he wants to see up there then the Board could respond with a yea or nay. That does not exist now. Sloan agreed and asked for more defined footprints on a map not necessary defining specific uses or setting in concrete specific uses only but maybe defining those not allowed. She felt that setbacks from the highway should be shown. Sloan felt that she did not want to give a carte blanche approval. Hall felt that it would be hard to be real specific with a conceptual plan. Carothers stated that is not what is meant but he felt that there should be some footprints of where buildings might go in general and where roads would be in general. Greer stated that Developers Diversified have stated what they intend to do. Greer felt that if they intend to do certain things those intensions can be translated to policies such as "We will require landscaping for all development in the following manner:" Put it in writing so that it is tied to the property. That way, whoever develops it will know how it is to be developed and the Planning Staff will know as well. This would be a plan for the 40 acres and not a plan for Developers Diversified. Manning asked if those would be covenants? Greer said they would not be covenants. Sloan and Carothers asked if this gave a clearer picture. Johns felt that it did. He did say though that he did not want specifics to come back to haunt him. Johns said that he will be harping at types of commercial uses because some types belong there. Carothers agreed with him. Manning felt that if the Board endorses a concept for development of that property and Johns comes in with a proposal that substantially complies with that concept then the Board can endorse the proposal. Manning asked for a time frame from Johns. Carothers asked why a time frame is needed? Johns stated that it is his desire to keep the ball moving so he would get busy and something together for the Planning Staff. Manning asked if a public hearing would need to be held again? Greer stated that he would talk with the legal staff and get back to the Board about it. Johns had no problem with a new public hearing. Furlong felt that it was law that any break off of the land required a subdivision plat? Greer stated that every piece that is knocked off of that property requires a subdivision plat. Subdivision can occur in the absence of zoning. The city is enjoined by court order from issuing any commercial building permits for the property until the 10 master plan is amended. The two properties already split off were not considered commercial buildings. Johns pointed out that the lawsuit was statewide and therefore it enjoins any city from issueing commercial building permits where that permit would not comply with the master plan. Manning asked if that concludes the board discussion and if Johns is clear on what is requested? Johns yes. OLD BUSINESS Greer stated that the Planning Staff is in the process of amending the Kalispell Zoning Ordinance. One of the interesting things that we are proposing to do is to take all Conditional Use Permits to the Planning Board rather than the Board of Adjustment where they are currently heard. The reason for this is that a Conditional Use Permit is basically a land use matter rather than a legal matter. The Board of Adjustment is a quasi-judicial body and is not designed to deal with land use issues. The Planning Board is intended to deal with planning and land use issues. That is the way that it is being done in most of the jurisdictions in this State. Craig Kerzman has been notified that this proposal is being considered. He has mixed feelings about it. NEW BUSINESS Greer asked about moving the next Planning Board meeting to October 12 from October 10. He said that he would be out-of-town then. Manning asked if anyone had a problem with moving the meeting. No one objected and then meeting was reset for October. Motion Furlong asked when the time of the meeting would be rescheduled to later in the evening? Hall felt that the meeting should go to 7:00 p.m. Furlong moved to change the meeting starting time to 7:00 p.m. beginning with the October 12 meeting and continue through the winter. Robbins seconded the motion and it passed unanimously. ADJOURNMENT Sloan moved to adjourn the meeting. Robbins seconded and the meeting was adjourned at 8:07 p.m. Chairman, Charles M nn'ng Recording Secretary, Ava Walters Approved: Ah�J l l y ff 11