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Tab 12. October 14, 2008 Planning Board MinutesKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 14, 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Rick Hull, C.M. (Butch) Clark, John Hinchey, Jim Williamson, Richard Griffin and Troy Mendius. Bryan Schutt was absent. Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were 3 people in the audience. APPROVAL OF MINUTES Clark moved and Hull seconded a motion to approve the minutes of the September 9, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed 5 to 1 with Williamson abstaining. PUBLIC COMMENT No one wished to speak. GARDNER ANNEXATION A request by Gardner Investment, LLC for annexation and initial zoning of B-5 (Industrial -Commercial) with a Planned Unit Development (PUD) placeholder for 9 tracts of land totaling 81.59 acres on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are located between the intersection of Highway 93 South and Lower Valley Road and Highway 93 South and Snowline Lane. STAFF REPORT KA-08-05 Sean Conrad representing the Kalispell Planning Department reviewed staff report KA-08-05 for the board. Conrad reviewed the location of the properties, the current zoning and the growth policy land use designations for the board. The applicants are requesting B-5 (Industrial/ Commercial) zoning designation and the intent would be to provide a variety of businesses including warehouses, light industrial uses and an industrial/commercial park development. These uses would not create objectionable characteristics such as dirt, noise, glare, heat, odor, smoke, etc., which extend beyond the lot lines. The zoning designation would be found appropriate in both commercial and industrial land use designations. The proposed planned unit development (PUD) placeholder would cover the entire 85+ acres of land and the intent of the placeholder would be to allow a developer to enter into a development agreement with the city binding the property to a future PUD application. At the time of development they would come back before this board and the city council with the full PUD application showing connectivity, access, landscaping and building design. The B-5 is not only compatible with the city's current industrial land use designation, but the potential change to the mixed -use Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 1 of 5 designation as well. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-08-05 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-5/PUD, (Industrial-Commercial/Planned Unit Development) placeholder. One letter was received from John Stokes of KGEZ Radio which Conrad read for the record. A copy is attached to the minutes. BOARD QUESTIONS Hinchey said this letter raises a question in his mind because he thought the towers were on a portion of land that was excluded from this application. Conrad explained the location of the 2 towers and noted one tower is just outside the property contained in this application and the other tower is just inside this property. Hinchey asked if staff has done any investigation of the claims by Mr. Stokes. Jentz said the letter does not directly affect the planning board because the board is addressing the zoning issue, not whether the property should be annexed or not, which will be a decision made by city council. Jentz added staff will consult with the city attorney and city council when they act on the annexation. Williamson said the B-5 zone is proposed however the existing auction house is not a permitted use in the B-5. He asked if it would then be considered a non -conforming use and Conrad said yes. Williamson asked what impacts that would have on this property until the PUD is developed. Conrad said if the property is annexed and the owners want to expand the auction house the zoning code has provisions were they can expand up to 50% with a conditional use permit. Also the PUD placeholder would allow flexibility for the developer to permit uses that might not otherwise be permitted within the zoning district. The tradeoff is that the projects would be better designed with a PUD. Conrad noted staff is currently updating the city's zoning regulations including the B-5 and indoor auction houses are proposed in the B-5 zone. Williamson said then if there is no expansion there wouldn't be any impacts and Conrad said the auction house would operate as it is currently. APPLICANT/CONSULTANTS Todd Gardner, 3065 Airport Road, and Highway 93 South near Kalispell asked to address the letter from Mr. Stokes. Gardner said many of the issues in the letter are not true including any subdivisions approved before they bought the property from the Andersons. These subdivisions were reviewed and approved by the county. Mr. Stokes spent time in the county planning office going over all the Anderson transfers and all of the deeds and was told they were all fine. Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 2 of 5 The Supreme Court has ruled on the easement issue and determined it is located on the 32 acres which are not a part of the 160 aces. The development rights belong to the Gardners and agricultural uses are annexed into the cities quite often to be developed which is what they are doing. Gardner continued the reason they want to annex the land is to prepare for development in the future. They do not have any set in stone plans and do not have any fancy drawings for the board but they want to be ready when things turn around and people start pursuing land on the south end of town. Gardner said they have had a lot of people approach them with good quality projects ranging from banks, restaurants and a hotel which would all fit into their vision for the property. Hull asked if they have thought about a road system for this property and Gardner said Jackola has drawn up some potential plans for the road system but it depends on how the land is developed. Gardner said the state has also talked to them about using some of their roads to combine accesses for the bypass when it is constructed. Hull asked who owns the billboards on the property and Gardner said there are 2 different companies with 20 to 30 year leases however, he added the leases contain a clause that they have the ability to take down the billboards as the properties develop and that is their plan. Hull asked if Gardner had any problems with the Siderius Commons proposal and he said no. He added he had visited with the developers of Siderius Commons and planning staff and although he hasn't had a chance to really get into the details he is very much in favor of good quality development on the south end of town. Hull asked if they had any plans for a truck stop/RV Center which Hull feels would be an important component of the bypass. Gardner said they have discussed this type of development not only at this location but on property they own further south of Kalispell. Gardner said the other issue that Mr. Stokes brought up in his letter is in reference to Gardner Development LLC's ownership of the properties and he stated Gardner Investments LLC, Todd & Davar Gardner, and Davar & Vickie Gardner all own parts of the property. Davar is a common owner of all of the property and therefore signed the application. Gardner added however if they need to amend the signatures on the application and petition to annex they will. PUBLIC HEARING Ted Sokalowski, 225 Snowline Lane described fencing issues along one of these properties where the fence is 10 feet off the property line. Mr. Sokalowski noted that the fence cannot be Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 3 of 5 just torn down and then put up again in the right place because the animals will get loose. Hull asked if the fence was on the east boundary of the Northwestern Truss property and Sokalowski said yes going east toward Demersville Road. MOTION Clark moved and Williamson seconded a motion to adopt staff report KA-08-05 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-5/PUD, (Industrial- Commercial/Planned Unit Development). BOARD DISCUSSION Hull stated the board feels a grid road system is really important. He likes the existing parallel road and he added it should be extended and other roads should intersect it. Hull said he has appraised the Northwestern Truss property twice and part of that property is in the floodplain and is wetlands and is not developable. Hinchey asked if the entire 80+ acres could be developed as industrial uses and Conrad said the growth policy designates this land as industrial so whatever is permitted in the B-5 or I-1 zones would be appropriate. Hinchey added the board will be able to review the appropriateness of the proposed development when they review the PUD. There was discussion on the uses that would be allowed in the B-5 zone. Jentz said the purpose of the B-5 with the PUD overlay is to ultimately create a well -designed project with mixed uses that relate to each other. Hinchey said he is very encouraged to have the PUD aspect as part of this proposal. Williamson noted there are a couple tracts of land with this proposal that are separated from the rest and he asked if anyone had any concerns about trying to incorporate the separated tracts into a cohesive plan for the PUD. Hull said he feels if the annexation & initial zoning is approved it will encourage the other properties to annex in between. Hinchey said this would be a good start. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Jentz said the scheduled work session for October 28th has instead been scheduled as a work session with staff and the West Valley and Riverdale Land Use Advisory Committees to discuss the Kalispell West Growth Policy Amendment. Jentz suggested the planning board is welcome to attend but it is not mandatory. The work session will be held at the Stillwater Grange, 1810 West Reserve Drive and will begin at 7:00 p.m. Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 4 of 5 Next month's meeting is usually the 2nd Tuesday of the month which in November happens to land on Veteran's Day. Jentz suggested some alternative dates for that meeting and it was decided that the meeting should be held the following Wednesday, November 12, 2008. ADJOURNMENT The meeting adjourned at approximately 7:40 p.m. ENTRANCE CORRIDOR Immediately following the regular meeting a work session STANDARDS WORK was held on the following item: SESSION 1. Entrance Corridor Standards NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Wednesday, November 12, 2008, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The meeting date has been changed to Wednesday due to the Veteran's Day Holiday. After the meeting with the West Valley & Riverdale Land Use Advisory Committees on October 28th, as noted above, the next work session of the Kalispell City Planning Board and Zoning Commission will be held immediately following the regular meeting on November 12, 2008. /s/ John Hinchey John Hinchey Vice President APPROVED as submitted: 12/09/08 / s / Michelle Anderson Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of October 14, 2008 Page 5 of 5