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Planning Board Minutes October 12, 2010MINUTES OF REGULAR MEETING OCTOBER CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL .zoning Commission was called to order at 7:00 p.m. Board members present were: John Hinchey, Chad Graham, Bryan Schutt, C.M. (Butch) Clam, Richard Griffin. and Troy Mendius. Jason Mueller was absent. Sean Conrad and Torn Jentz represented the Kalispell Planning Department and Chad Fincher represented the Pans and Recreation Department. There were 7 people in the audience. APPROVAL OF MINUTES Clam moved and Graham seconded a motion to approve the minutes of the September 14, 2010 meeting of the Kalispell City Planning Board and zoning Commission. ROLL CALL The motion to approve the minutes passed unanimously on a vote by acclamation. PUBLIC COMMENT No one wished to speak. PROJECT DANCE - A request by Carol Brannan and Natalie Molter for a conditional CONDITIONAL USE PERMIT use permit to operate a dance and yoga studio in an existing building zoned R-5 (Residential/Professional Office). Classes will generally be held between the hours of 8 : 00 a.m. and 9:00 p.m. Monday through Friday with morning classes held on some Saturdays. The dance studio is proposed within an existing building addressed as 46 Bruyer way and is immediately east of Edgerton School between the school and whitefish Stage Road. STAFF REPORTS CU--10-06 Sean. Conrad representing the Kalispell Planning Department reviewed staff report KCU-10-06. Conrad said this is a conditional use permit request for a top rated dance studio in the R-5 (Residential/Professional office) zone. Conrad reviewed the vicinity and site maps. The dance studio would be held within an existing building off of whitefish Stage Road and B ruyer way; and there is adequate parking to serve the dance studio; typically one class will be taught at a time with 10-20 students per class. The classes would be held in the afternoon and evenings ending around 9:00 pm and in the summer there will be more day tune hours and occasionally morning classes on Saturdays. Conrad noted the building is currently a shell but the landscaping has been installed. They will need to apply for a building permit for tenant improvements to include restroonzs and finishing the interior to accommodate the dance studio. Conrad noted the building permit requirement is listed in condition ##2. Kalispell City Planning Board Minutes of the meeting of October 12, 2010 Page I of 6 Staff recommends that the Kalispell City Planning Board and zoning Commission adopt staff report KC -10-06 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 2 conditions listed in the staff report. BOARD QUESTIONS Graham asked if they would be subject to impacts fees and Conrad no the developer has paid the impact fees for water and sewer connections. HM* chey asked ghat other businesses will be located in these buildings and Conrad said there is a dentist office currently operating and added the R.-5 zone permits professional offices so the board could anticipate real estate, medical, or law offices in the buildings. Clark asked why this use would be considered a conditional use and shouldn't that be changed? Conrad said dance studios fall under the definition of commercial schools which are a conditional use in the R-5 zone. Jentz added the R-5 zone is a single family/duplex/office zone so when you look at these zones across town having commercial schools as a conditional use makes sense especially in R.-5 zones that are mostly single family residences. APPLICANT/TECHNICAL Carol Brannan said she is representing the Project Rance studio and SUPPORT also her business partner Natalie Molter. Brannan noted they are excited to bring dance into that area and they also have a school in Columbia Palls that is thriving and they are ready to expand into Kalispell. Hinchey asked ghat type of dance will be offered and Brannan said initially ballet. Brannan teaches 4 through 7 year olds and her partner will teach 8 through 98 year olds. They hope to bring in jazz and yoga in the future. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Mendius moved and Griffin seconded a motion to adopt the findings in staff report I CU- I 0-06 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 2 conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a vote by acclamation. WHEELER ZONE CHANGE — A request by Sherry wheeler for a zone change on her property FROM R-3 (RESIDENTIAL) from R-3 (Residential) to R-5 (Residential/Professional office). TO R-5 (RESIDENTIAL The property is currently a vacant lot, 8,750 square feet in size. Kalispell City Planning Board Minutes of the meeting of October 12, 2010 Page 2 of 6 IPR FESSI N L) The property is located on the south side of Liberty Street between the State Farm Insurance office located at the corner of Liberty Street and North meridian Road and 116 Liberty Street. STAFF REPORTS IB C-10-01 Sean Conrad representing the Kalispell Planning Department reviewed staff report KZC-1.0-01. Conrad said this is a zone change request from R--3 (Single Fancily Residential) to R-5 (Residential/Professional Office) zone. Conrad reviewed the vicinity map and noted the property is located on Liberty Street very close to the intersection of North Meridian Road. There is existing R--5 zoning immediately to the east and north. and R-3 zoning to the west and south.. Conrad reviewed the growth policy land use neap for the area. This property is designated urban -mixed use and noted under the newly updated zoning ordinance it specifically states that R-5 zoning is typically found in areas designated as urban mixed use. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZC-10-01 as findings of fact and recommend to the Kalispell City Council that the zoning on the property be changed to R-5 (Residential/Professional Office). Conrad said changing this property from R.-3 to R 5 staff found to be appropriate but a line should be determined as to how much property along Liberty Street should be R-5 to the west. BOARD QUESTIONS Schutt noted the CCR's on this property bans business activity and ghat is the legal relation between city zoning and covenants that are already in place. Conrad said the covenants that are in place will be upheld. The properties already zoned R--5 have been zoned R-5 for a number of years and the neighborhood chose not to act on the CCR restriction. Conrad said for this zone change no comments from the neighborhood have been received. APPLICANT/TECHNICAL Sherry Wheeler stated she did talk to some of the neighbors, SUPPORT including the neighbor who lives directly behind the professional office across the street who opposed the car wash. wheeler mentioned the covenants to them and they asked what type of business would be proposed for the site and at this time she doesn't know. wheeler said they had no objection to the zone change► Wheeler added she also taped to the owner of the automotive business south of this property and they didn't object to the zone change either. She said she attempted other contacts but did not receive a response. Hnchey noted it sounds like she did her homework. Kalispell City Punning Board Minutes of the meeting of October 12, 2010 Page 3 of 6 Griffin asked about the home on that lot and wheeler said she moved the house 25 miles north of whitefish on to her grandparent's ro erty. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Schutt moved and Griffin seconded a motion to adopt the findings in staff report KZC-10-01 as findings of fact and recommend to the Kalispell City Council that the zoning on the property be changed to R-5 (Residential/Professional Office). BOARD DISCUSSION Graham said staff suggested the board discuss where the line should be for the R.-5 zoning and he thinks a good buffer would be 2 lots on each side o f the street therefore the west side o f this lot would be the boundary Iine for the zone. Hinchey said it seems to him that commercial should face Meridian but it also seems Ms. Wheeler has done her due diligence in talking to the neighbors and they are not opposed. Plinchey agrees with the boundary proposed by Graham.. Schutt said in looking at the traffic patterns in this area this lot is not suited for residential development and the R-5 zone seems appropriate. Clark said he concurs with Schutt. ROLL CALL The motion passed unanimously on a roll call vote. LANDSCAPE ORDINANCE The Kalispell Parks & Recreation Department is requesting an amendment to the city codes to include a landscape ordinance. The landscape ordinance will address landscape activities both in the public right-of-way and on private property. The purpose of the ordinance is to address deficiencies in our current regulations and at the same time consolidate regulations already existing in other parts of the city code. STAFF REPORT Chad Fincher, Parks Superintendent of the Parrs & Recreation. Department stated the Landscape Ordinance before the board is the one that was presented to the board at the work session on September 14, 2010 and is general guidelines for landscaping within the public fights -of -way. The ordinance was developed when staff needed a code to reference when citing issues with landscape plans during the city's Site Review Committee meetings. Fincher added the board's comments from the September 14'h work Session have been incorporated into the ordinance which he reviewed. However Fincher noted one revision on page 6 Section B. c. was accidently missed and will be changed to read "Said permit shall be "reviewed" by the Kalispell Public works Department.. . a" Kalispell City Planning Board Minutes of the meeting of October 12, 2010 Page 4 of 6 PUBLIC HEARING Jentz note. Bruce Lutz, Sitescape & Associates provided the city with a phone message stating that he supports the ordinance but has one issue regarding the restriction of rock as a landscaping medium and he was hoping that rock would not be totally eliminated. In certain special situations Mr. Lutz would like to see the use of rock as a landscaping element for example, in the middle of a highway median where water is not accessible. No one wished to speak and the public hearing was closed. MOTION Clark moved and Schutt seconded a motion to forward the Landscape ordinance, as amended, to the Kalispell City Council for final review and action. BOARD DISCUSSION Lengthy discussion was held regarding the ordinance. The following amendments were recommended by the planning board are as follows: • Clarify they are referencing private conunercial properties that are reviewed by the Site Review Committee not private residential properties • Amend the 2-foot minimum grass buffer to state "A 2-Moot mmirnurn grass or similar vegetative buffer" • Add a tune -frame for boulevard trees to state "boulevard trees roust be maintained by private property owners for 2 years after planting." • Clarify Page 3, Section D.b. so it is understood that maintenance will be required in perpetuity for required landscaping improvements within commercial property boundaries. • Page 5 Add item vi. to remind property owners it is their responsibility to remove snow from sidewalks. Pincher said there is another ordinance that already addresses snow removal but that ordinance can be referenced in the Landscape ordinance as well. MOTION TO TABLE Clark moved and Schutt seconded a motion to table the Landscape Ordinance until November 9, 2010. ROLL CALL The 7motion passed unanimously on a vote by acclamation. OLD BUSINESS: There will be a work session with the Flathead County and Whitefish Planning Boards on October 26 h at 6:00 p.m. in the Kalispell City Council Chambers. Jentz said a notice will be sent to the board and he reviewed the agenda. Kalispell City Planning Board Minutes of the meeting of October 12, 2010 Page 5 of 6 Jentz noted the board received a letter of resignation from Jason Mueller because he has had to accept work out of state and therefore will be unable to attend meetings for an undetermined amount of time. In the event the seat is not filled in the time he is away he would be able to resume his appointment upon his return, however if a replacement is found he could reapply when vacancies occur in the future. The meeting adjourned at approximately 8:10 p.m. A work session was held immediately following the regular meet* Mg . The following agenda item was discussed: 1. Northwest Healthcare (Kalispell Regional Medical Center) Planned Unit Development. NEXT MEETMG The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for November 9, 2010 at 7:00 p.m. in the Kalispell City Council Chambers located at 201 1st .Avenue East in Kalispell. The next work session of the Kalispell City Planning Board and Zoning Commission will be a joint meeting with the Flathead County Planning Board and will be held on October 26, 2010 at 6:00 p.m. in the Kalispell City Council Chambers located[ at 201 1't Avenue East in Kalispell. John H in they President APPROVED as submitted/corrected: 1 1 0 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of October 12, 2010 Page 6 of 6