Planning Board Minutes - December 11, 2012KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
DECEMBER 11, 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: Chad Graham, Rory Young, Phillip
Guiiffrida, Ken Hannah, Richard Griffin and Charles Pesola. P.J.
Sorensen and Sean Conrad represented the Kalispell Planning
Department. There were 6 people in the audience.
APPROVAL OF MINUTES
Guiffrida moved and Pesola seconded a motion to approve the
minutes of the November 13, 2013 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak.
GOVERNMENT EXEMPTION
A request by the City of Kalispell for an amendment to the City of
TEXT AMENDMENT
Kalispell Zoning Regulations related to certain governmental uses
in all zones throughout the city. The amendment would
specifically amend Chapters 27.04 through 27.18 (Listing uses
allowed in each zoning district) and Appendix B (Table of uses
allowed by zone). Generally, it would allow public fairgrounds,
public schools, public jail facilities, and police and fire stations to
be permitted uses in all zones. Currently, those uses are typically
conditionally permitted uses or not allowed, depending upon the
specific zone. However, state law allows any agency of the state to
claim a zoning exemption which would allow such uses to legally
proceed as permitted uses. This change would eliminate the need
to submit and process the notice necessary for the zoning
exemption.
STAFF REPORT KZTA-12-03
P.J. Sorensen, representing the City of Kalispell reviewed Staff
Report KZC-12-03 for the board.
Sorensen explained the state law "agency exemption: definition
which is any agency of the state or local government such as a
board, bureau, commission, department, authority or other entity.
Any agency can develop property that is not necessarily in
compliance with the local zoning regulations. For example, in lieu
of a conditional use permit (CUP) a notice would be submitted to
the city from the agency and within 30 days the Board of
Adjustment would hold a public forum to receive public comment
on the matter and then the government agency can move forward
with the development.
Sorensen reviewed the two primary reasons for the state law. He
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Minutes of the meeting of December 11, 2012
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noted in the case of a CUP, the process is longer, there is a hearing
by the planning board and city council and there is more
uncertainty involved in the process. Agencies avoid the CUP
process by using the agency exemption law. Unfortunately that also
removes the development from architectural and site review where
the city has the ability to enforce certain regulations on
developments.
The amendment would change schools, the fairgrounds and public
jail facilities to permitted uses which would take away the reason
to use agency exemptions but still would allow the city to review
the project when they come in for building permits to develop a
site.
Staff recommends that the Kalispell Planning Board adopt Staff
Report KZTA-12-03 as findings of fact and recommend to the
Kalispell City Council that the proposed amendment be adopted as
provided in the staff report.
BOARD DISCUSSION Griffin said his concerns include impacts not just on the neighbors
but also city services. There may be another preferable place for an
agency to develop in the city where it would not have the same
impacts. Griffin suggested and Sorensen confirmed the use being
permitted would help keep the review within the city's normal
review procedures and in fact within the parameters of a CUP the
city has less control.
Guiffrida asked if this would also apply to privately owned
structures that are governmentally licensed such as community
residential facilities, transitional or group homes and Sorensen said
no, only state agencies not private state -licensed facilities.
Guiffrida asked if the staff report and exhibits cover everything that
will be changed or will there be amendments in the future for other
uses or structures and Sorensen said staff used the situations that
they have seen in the past and he added the vast majority have been
for school district projects. However he can't say that new
situations won't come up in the future.
Guiffrida asked if the pre-release center that was proposed a few
years ago was state or privately owned and board member Young
said it was owned by a private company on private land and would
have operated under a state contract.
Griffin said the word appropriate is used often in the staff report
and he asked who determines if a development is appropriate or
not. Sorensen said because the city will have more control over the
development when it is reviewed through the site and architectural
review process it will help ensure that the site is developed
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according to the city regulations. Griffin used an example where
another city decided to locate a garbage incinerator in a
neighborhood. It was stinky, noisy and because it was not an
appropriate use for a neighborhood they finally had to abandon it.
Sorensen said although the city cannot block the development the
amendment would help ensure that the project is reviewed by the
city and if necessary mitigation measures can be added such as
screening to manage the use better.
Hannah asked if the amendment will encourage the state agency to
use our process instead of an agency exemption. Sorensen said
there have been about 16 projects in the last 12 years that have
been eligible for agency exemption and 14 projects have been
completed using the exemption. Of those 14, 13 were solely
because they didn't want to go through the CUP process. If we take
away that concern it is probably a win -win situation for everyone.
Hannah asked if a private ambulance service would be considered a
fire station and Sorensen said he didn't think they would fit within
the police and fire station category but the health care category.
Hannah noted private jail facilities are referenced in the exhibit but
not addressed in the staff report and Sorensen said one of the
reasons those were split out is if a public or private jail was to be
proposed we wanted to ensure that the city had some level of
control over the development opposed to the agency exemption.
Griffin said he assumes the delineation between public and private
schools was made to separate the public permitted schools from the
private conditionally permitted schools and Sorensen said yes.
Graham asked if all pre-release centers are private and Young said
all of the pre-release centers in the State of Montana are currently
operated by private entities. Hannah added he didn't think that
would exclude the Department of Corrections from opening one at
some point in time. Young added as written in the amendment
private pre-release centers would be allowed but would be subject
to a conditional use review.
Graham asked if the 13 of 14 requests for agency exemption were
made because they didn't want additional conditions placed on
them by the city and Sorensen said the CUP process is a lengthier
process and there is also an uncertainty because you don't know
what might come up at the public hearing and additional conditions
could be placed on them if there was neighborhood opposition to
their development. Therefore they try to avoid that from happening
and opt to request the agency exemption.
Hannah said under the B-2, B-3, B-4, B-5 neighborhoods he
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noticed that police and fire were not added as they were in all of
the other residential neighborhoods and asked if they are already
covered in the current zoning ordinance and Sorensen said yes.
PUBLIC HEARING
No one wishing to speak the public hearing was closed.
MOTION
Hannah moved and Young seconded a motion that the Kalispell
Planning Board adopt Staff Report KZTA-12-03 as findings of fact
and recommend to the Kalispell City Council that the proposed
amendment be adopted as provided in the staff report.
BOARD DISCUSSION
Guiffrida said this seems like the direction to go to at least have the
projects go through site and architectural review and not just the
agency exemption process. He always has concerns with state and
federal government overriding the city's zoning but in all reality
this is not the place to fight that fight. Guiffrida said he is in
support of the text amendment.
Hannah said he agrees it is a step in the right direction although
there is nothing in the ordinance that would prevent the state
agency from taking the agency exemption and moving forward
with their project as they see fit. Hannah said he would like to see
private and public schools treated the same but realizes they are not
state agencies.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
None.
NEW BUSINESS:
Sorensen noted Bryan Schutt, Vice President of the board had to
resign his position due to the demands of his business in Alaska
and the vacancy on the board will hopefully be filled by the next
planning board meeting.
Guiffrida asked if Mr. Schutt's seat on the Core Area Steering
Committee will also need to be filled and Conrad said yes and
added the committee wants to stay on after the Core Area Plan is
adopted to help see some of the implementation of the plan
through. The planning board should consider if a member wants to
volunteer for the steering committee. Griffin suggested the
appointment be added to the agenda for the next meeting.
Conrad added Mr. Schutt was also serving on the Board of
Adjustment which will need to be filled.
Graham said Mr. Schutt's contribution to the planning board will
be missed.
ADJOURNMENT
The meeting adjourned at approximately 7:25 p.m.
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WORK SESSION
A work session was held immediately following the regular
meeting to discuss the following:
1. Willdan - Core Area Plan consultant presentation.
NEXT MEETING
The January 8, 2013 meeting is cancelled due to the lack of
agenda items.
The next meeting is scheduled for February 12, 2013 beginning at
7:00 p.m. in the City of Kalispell Council Chambers located at 201
1st Avenue East in Kalispell.
NEXT WORK SESSION
The next work session has not been scheduled.
Chad Graham
President
APPROVED as submitted/corrected: / /13
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
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