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12-12-89 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING DECEMBER 12, 1989 CALL TO ORDER The meeting was called to order by Charles Manning, President, at AND ROLL CALL 7:10 p.m. Those present were Manning, Hash, Hall, Fraser, Sloan, and Furlong. Those absent were Robbins, Stephens, and Carothers who was excused. David Greer, Senior Planner, represented the Flathead Regional Development Office. APPROVAL OF MIN- Furlong moved to approve the minutes of the November 14, 1989 meeting UTES NOVEMBER 14 as submitted. Hall seconded the motion and it passed unanimously. 1989 QUIRTS ADDITION Manning introduced the request by Philip C. Stertz to amend the ZONE CHANGE Official Zoning Map of Kalispell, Montana, by changing the zoning of REQUEST the Quirt's Addition, a plat or map of record, records of Flathead County, Montana, from Residential Apartment RA-1 to Neighborhood Business B-1. David Greer gave the staff report directing attention to the vicinity map in each board members packets. The surrounding properties are zoned B-1 or B-2 and the request is to change the RA-1 to B-1. The request was evaluated based on the twelve statutory criteria. The proposed zoning is in conformance with the Master Plan designation for that area which is the basic test for appropriateness. The Staff does not see this zone change as changing the character of the area or of the specific property. The characteristics of the B-1 and RA-1 zoning are similar. The property fronts on Meridian Road where there are large volumes of traffic and, therefore, is probably more suitable for a business zone. The staff recommended that the zone change be approved. Public Hearing Manning opened the public hearing calling for comments from proponents of the proposal. Walter Deets, Real Estate agent, was in favor because he felt that the zone change would help insure the value of the buildings and property and benefit everyone. Philip Stertz and Carolyn Wirt spoke in favor as well. Manning called for comments from the opponents. There being none, the public hearing was closed. Board Discussion Sloan asked how the one lot ended up being zoned RA-l? Greer stated that the lot was annexed into the City and was zoned RA-1 at that time but the rest of the surrounding property was in the County. When the islands were annexed this spring they were zoned with the appropriate zone and this property now appeared to be an island. 1 Motion Sloan moved to recommend that the Official Zoning Map be amended to change the zoning from RA-1 to B-1 for Quirts Addition and to accept the findings of fact as found in FRDO Staff Report #KZC-89-2. The motion was seconded by Hash and passed unanimously. SUHR TRANSPORT Manning introduced a request by Suhr Transport, a Montana ZONE CHANGE Corporation, to amend the Official Zoning Map of Kalispell, Montana, REQUEST by changing the zoning of Tract 2, Resubdivision of Kalispell Lumber, Addition #50 to the City of Kalispell, Flathead County, Montana, from General Business B-2 to Light Industrial I-1. Greer gave the staff report siting the vicinity map within the packets of each board member. The property is the site of the Mayflower building south of Wrights Kalispell Lumber. There is a railroad spur that follows the eastern boundary of the property. A lot of the property is vacant. The surrounding land uses are typical of industrial type uses. The zoning to the east and south is light industrial. On the north and west the zoning is general business. The 12 statutory criteria were used in the evaluation. The zone change request complies with the Master Plan. Changing the zoning to Industrial will not change the character of the neighborhood. All services will continue to be available. The property is suitable for industrial uses due to the location of the railroad spur and location at the end of a street. It is felt that this is the most appropriate use of the land. The staff recommends that the zone change be approved. Public Hearing Manning opened the meeting to the public hearing, calling for comments from proponents. Marshall Murray, legal counsel for petitioner, stated that the property sits on a filled in area and the property owners have not been able to use the property as an industrial site because of the zoning. There being no further comments from proponents, Manning called on comments from opponents. There were no opponents and the public hearing was closed. Board Discussion There was some discussion on the zoning of the surrounding properties. Furlong asked if anyone had commented in writing or called the office with comments. Greer stated that he had received a call for the individual that owned the three houses behind the Gold Nugget and he was requesting similar zoning and those houses are already zoned industrial. Weissman's has talked with the office as well but were not opposed to the zone change. Motion Hall moved to recommend approval of the zone change request of Suhr Transport and accept the .findings of fact as found in FRDO Staff Report #KZC-89-1. Sloan seconded the motion and it passed unanimously in roll call vote. 2 DRAFT REVISIONS Manning called on David Greer for the presentation of draft revisions KALISPELL ZONING to the Kalispell Zoning Ordinance. ORDINANCE Greer distributed copies of proposed revisions to text of the Kalispell Zoning Ordinance dealing with the zoning administrator, zoning commission, off-street parking, and supplementary regulations. Greer pointed out some of the changes made in these revisions. He pointed out the supplementary regulations deal with design standards for single family dwellings. This is something new and comes about as a result of court cases that have taken place in the nation dealing with mobile homes in the city limits. This section will help the city deal with the allowance of mobile homes in the city limits. The section deals with setting minimum standards and if a manufactured home meets the standards then it can be placed on a lot in the city. Those mobile homes that do not meet these standards would only be allowed in mobile home courts. Manning asked about the dashing and underlining found in the handout for last month. Greer stated that section is a total re -write and those dashed out and underlined portions represent adecision that has be made by the Board as to preference. The section was done that way to show the Board how that section would read given one way or given another way relative to approval for conditional uses. ��. Greer pointed out that the Site Plan Review section of supplementary regulations is also a new section. Right now the city does not have good site plan authority for reviewing certain types of improvements on lots. This puts it in writing that the City will have site plan review. Greer pointed out that there some exceptions to height restrictions, addresses structures on two different lots, and clear triangle visions. There are some changes to layout and language of the off- street parking section. Parking lots with more than five spaces are to be paved. He stated that the Board could discuss this in more detail next month. OLD BUSINESS Manning called for discussion on the materials handed out last month concerning revisions to sections of the Kalispell Zoning Ordinance. Greer presented the more detailed changes and opened the meeting for discussion. Noel Furlong asked about the new section on the zoning administrator that was handed out tonight and whether that is a new office being created. Greer stated that the Building Department Official is the zoning administrator under the current city government and is not a newly created position. It is a position that .has existed all along. Hash had a question concerning the allowance of a variance being valid indefinitely. Greer explained that there are no use variances allowed; therefore, the only variances that this addresses are hardships related to the property. In light of this there should never be any changes to hardships related to physical problems of 3 property and the findings should be the same no matter who applies for the variance. Greer pointed to a problem with the wording the Board of Adjustment section dealing with powers and duties in which it says "To carry out the "change in use" provisions of the non -conforming section of this ordinance" when compared with the wording of Limitations of Power in which it says "The Board of Adjustment shall not by either variance or appeal process make any changes in the uses categorically permitted..." This will create a problem in the Conditional Use Permit section if the Board of Adjustment is to make decisions on those permits instead of the Zoning Commission. Another change that has been made to the handouts was in the Appeals section dealing with the time limit for transmittal to the Board of Adjustment increasing it to seven days. Craig Kerzman wants more flexibility on the return of payments when the application is withdrawn. Manning felt that there should be some sort of time constraint on getting work started on the applications so that there are not too many days before he gets started reviewing the applications. Greer felt that if the zoning administrator has to send the application materials to the Board of Adjustment within seven days that would set a time limit for getting the application review accomplished and probably money could be refunded prior to that seven day time frame. Furlong felt there needed to be a way to tighten up the procedure of reviewing these drafts. He felt that there should be some kind of review of the materials when the Board first receive it. Greer stated that he could make the packets thicker and smaller depending how much is desired at a time. He further added that there is no time line for getting this done. Manning thought there might be a need for a workshop time to go into these sections in depth. Greer asked if the Board liked the brief summary given of the new materials. Manning asked if there was anyway to flag the new things or changes. Greer said that he would try and do that. Hash felt that she would like to have these sections in advance with the changes or new parts flagged. Greer said that he would. NEW BUSINESS Greer stated that he felt that it would be prudent for the Planning Board to comment on the Somers - Kalispell Highway Project. He stated that there is a ten day comment period ending December 15, 1989. The Board discussed problems with what is being proposed such as the removal of trees between Ninth Street and 13th Street and the lack of widening the courthouse complex. Other concerns involved controlled access, by-pass, sidewalks or curbs, landscaping, and concrete overlays. Fraser suggested that Greer draft a letter to be signed by the President of the Board. Greer stated that he could have a draft ready by Thursday and everyone could review it if they wished and have Manning sign it later that day. 2 Board Appoint- Greer stated that several of the Board members appointments would meet expire at the end of the year. Those members whose appointment expires are Mike Fraser, County Citizen Member, Otis Robbins, City Citizen Member, Lee Carothers, County Official Member, and Charles Manning, Member -At -Large. Fraser indicated that he is interested in serving another term. Sloan stated that she would like to see Manning stay on as Member -At - Large for one more year. Manning stated that he has made some commitments that will take him out of town starting in the fall of the year. Motion Sloan moved to recommend appointing Charles Manning as member -at - large. Hash seconded the motion and it passed unanimously. ADJOURNMENT Sloan moved to adjourn the meeting at 8:05 p.m. and the meeting was Ava Walters, Recording Secretary Approved : 1//i