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02-14-12KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 14, 2012 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, Rory Young, Phillip Guiffrida, Richard Griffin and Blake Sherman. Tom Jentz, P.J. Sorensen, and Sean Conrad represented the Kalispell Planning Department. There were 3 members of the public in attendance. APPROVAL OF MINUTES Schutt moved and Guiffrida seconded a motion to approve the minutes of November 29, 2012 as submitted. ROLL CALL The motion carried unanimously on a vote by acclamation. PUBLIC COMMENT No one wished to speak. ZONING ORDINANCE A request by the City of Kalispell to update the Kalispell Zoning AMENDMENTS Ordinance. As part of a continuing effort to make the ordinance up- to-date and current with changes in state law, staff, in conjunction with the Kalispell City Planning Board and Zoning Commission, has compiled a short list of minor amendments for review. The amendment include: • Adding "Kennels, Animal Shelters" as an administrative conditional use in the B-2 (General Business) zone; • Amending the definition of "Dwelling, Townhouse"; and • Amending the definition of "Automobile Sales and/or Repair. STAFF REPORTS KZTA-12- P.J. Sorensen representing the Kalispell Planning Department 01 reviewed staff report KZTA-12-01. Sorensen said the amendment to add "Kennels, Animal Shelters" as an administrative conditional use in the B-2 (General Business) zone arose from a concern raised by the planning board at their last meeting. Currently there isn't a category for a "doggie day care" use in the ordinance but Sorensen added there is a definition of a kennel/animal shelter which is broad enough to encompass this use. When the ordinance was updated a few years ago staff looked at kennels being located in the B-5 and industrial zones and in looking at this particular type of use some of the standard conditions relate to having sound -proof buildings or appropriate buffers from property lines and removing the animal waste on a regular basis. Sorensen continued that requiring an administrative conditional use permit for this use includes notification of adjoining property owners within 150 feet of the proposed site. Kalispell City Planning Board Minutes of the meeting of February 14, 2012 . Page 1 of 4 Sorensen noted that given those conditions staff thought B-2 would be an appropriate zone since it is intended to have a mix of different service and retail type of uses. The second amendment would change the definition of "Dwelling, Townhouse". Condominiums have been exempt from the city's subdivision process but a change came out of the Legislature that also exempted townhomes. Sorensen said previously staff could address townhomes through subdivision review which ensured that there is independent water and sewer connections and independent metering to the units which is required under plumbing code and Public Works regulations; and also helped to ensure that the appropriate 2 hour firewall is constructed to separate the buildings. In order to make sure the public is aware of those issues up -front staff is recommending amending the definition in the zoning ordinance. Thirdly the amendment to change the definition to automobile sales and or repair came up when working with a particular project and although they are not changing the original intent, the way it was written was somewhat ambiguous in relation to work inside and outside of buildings. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZTA-12-01 as findings of fact and recommend to the Kalispell City Council that the proposed amendments be adopted as provided herein. BOARD QUESTIONS Griffin asked for an average dimension of a B-2 lot and Sorensen said it varies depending upon location and if the lots were joined for one business but most lots along Idaho are 7100 square feet. Griffin said one of the requirements is a setback of 100 feet from the property lines which means that a lot would have to be a minimum of 220-230 by 230 feet and there aren't many lots that large. Sorensen said there are two alternatives under the condition which is they can have the animals in a sound -proof building or they would be required to have additional buffering from other properties if the building is not sound -proofed. Hinchey asked if outdoor fenced area would be required or would those issues be a part of the conditional use review? Sorensen said the city doesn't govern how the business is run and it would be the business owner's call as to what they would offer their customers. Sorensen added there are regulations in place that deal with the treatment of animals and the zoning ordinance would only address if the use is appropriate. Kalispell City Planning Board Minutes of the meeting of February 14, 2012 Page 2 of 4 PUBLIC HEARING Michael Taylor, 110 Collier Lane stated he wants to open a dog facility. He noted that dog day care would only be part of the business. They would also provide training, dog washing, retail, and adoption events on Saturdays. Taylor noted the location of the proposed business is 900 East Idaho, next to the railroad tracks and the former Rygg Ford. The closest neighbor is Anderson Masonry which is who he is leasing the building from. Taylor said the animals will be in a controlled environment and would not be allowed to bark all day as some neighbors dogs do. Taylor doesn't think this type of business should be allowed just anywhere but here there are no houses and no one to bother. No one else wished to speak and the public hearing was closed. MOTION Guiffrida moved and Graham seconded a motion to adopt staff report KZTA-12-01 as findings of fact and recommend to the Kalispell City Council that the proposed amendments be adopted as provided herein. BOARD DISCUSSION Hinchey said Mr. Taylor identified other services for this business and he asked if those services would fall under this amendment and Jentz said the additional services are already allowed in the B-2 zone and this amendment addresses the keeping of animals on the premises. Jentz added the 100 foot setback between buildings and businesses that was discussed earlier would apply for overnight boarding but not for day use. Jentz said they would look at each situation under the administrative conditional use permit process and based on public comment may add conditions. ROLL CALL The motion passed unanimously by a roll call vote. OLD BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 7:15 p.m. WORK SESSION Immediately following the regular meeting of the Kalispell City Planning Board and Zoning Commission a work session was held on the following: 1. Growth Policy Update 2. CORE Steering Committee Kalispell City Planning Board Minutes of the meeting of February 14, 2012 Page 3 of 4 NEXT MEETING The next regular meeting of the Kalispell City Planning Board has not been scheduled for Tuesday, March 13, 2012 beginning at 7:00 p.m. in the city council chambers located at 201 1" Avenue East, Kalispell. The next work session will be held immediately following the March 13th meeting. APPROVED as submitted/corrected: v3 / G /12 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of February 14, 2012 Page 4 of 4