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04. Ordinance 1659 - Zone Change with PUD - Hockaday Museum - 1st ReadingREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Hockaday Museum Board - Zone change from RA-3 (Residential Apartment/Office) to P-1 (Public) zoning district and a PUD (Planned Unit Development) overlay zoning district MEETING DATE: April 20, 2009 BACKGROUND: The Kalispell City Planning Board met on March 10, 2009 and held a public hearing to consider a request from the Hockaday Museum Board for a zone change from RA-3 to P-1 and a PUD overlay zoning district for 4 adjacent lots containing 28,400 square feet. The properties are located on the west side of 2nd Avenue East between 3rd and 4th Streets East. The properties included in the zone change can be legally described as lots 1 and 2 of block 64 in Kalispell, the current site of the Hockaday Museum of Art, 302 2nd Avenue East and lots 3 and 4 of block 64, Kalispell within the NE 1/4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Kalispell Planning Department staff presented staff reports #KZC-09-02 and KPUD-09-01 providing details of the proposal and the evaluation. Staff noted that the proposed P-1 zoning district was compatible with the existing use of the property and PUD zoning would allow for the future expansion plans for the museum. Staff recommended the board consider approving the zone change based on this and other facts determined in the findings of fact report. During the public hearing, David Mitchell of CTA Architects Engineers and Lucy Smith, Executive Director of the Hockaday Museum of Art, spoke in favor of the proposal. No one else spoke either for or against the proposal and the public hearing was closed. A motion was made and seconded to recommend approval of the zone change to P-1 and the Planned Unit Development overlay zoning district subject to the three conditions listed in the staff report. The motion was unanimously approved. RECOMMENDATION: A motion to approve the zone change and planned unit development overlay zoning with the planning board's recommended conditions would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: April 14, 2009 c: Theresa White, Kalispell City Clerk , hI t Webb r't1VI Interim City Manager Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOTS 1, 2, 3 AND 4, BLOCK 64, LOCATED IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREXV 1"USLY /.J"nJ' D CiTY RA-3 (RES1 DENIIAL APARTiV1Jr 4 1/Oir 1%-r')) 1 O %-11 Y P- I (PUBLIC) WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the Hockaday Museum of Art Board of Directors petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned P-1, Public, with a Planned Unit Development overlay, and WHEREAS, the property is located on the west side of Second Avenue East between Third and Fourth Streets East, and WHEREAS, the petition of the Hockaday Museum of Art was the subject of a report compiled by the Kalispell Planning Department, Staff Report #K7-C-09-02/KPUD-09-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned City P-1, Public, with a Planned Unit Development overlay, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 10, 2009, and recommended that the zoning be City P-1, Public, with a Planned Unit Development overlay, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described P-1, Public, with a Planned Unit Development overlay, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KZC-09-02/KPUD-09-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as P-1, Public, with a Planned Unit Development overlay. SECTION II. The Planned Unit Development proposed by the Hockaday Museum of Art upon the real property described above is hereby approved, subject to the following conditions: General Conditions: 1. The Planned Unit Development for Hockaday Museum of Art allows the following deviations from the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.20.040 (3) (Minimum building setbacks in the P-1 zoning district) Removes building setback requirements along the alley so that the future museum expansion can be built. B. Kalispell Zoning Ordinance, Section 27.26.050(18) (Minimum off-street parking spaces required for museums and art galleries). Only 50% (13) of the required off-street parking for the museum expansion shall be met with the parking to be located on the south side of the museum site as shown on the submitted site plan. 2. That the development of the site shall be in substantial compliance with the following plans as well as any additional conditions associated with the PUD as approved by the city council: ® Hockaday Museum of Art temporary plans (includes parking lot on south side of project site and temporary tent structure) ® Hockaday Museum of Art full build out plans ® Elevations of the museum 3. Approval of the planned unit development (PUD) shall be valid for a period of five years from the date of approval with the possibility of another five-year extension to be granted by the city council. Within this time, the museum shall obtain the necessary permits and approvals to complete the improvements as shown on the approved PUD site plan. SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 4TH DAY OF MAY, 2009. Pamela B. Kennedy Mayor r_T4a Theresa White City Clerk Hockadayof Ar Planned Unit Developme r; , i i The property is legally described as follows: Lots 1, 2, 3, 8, 4, Block 64 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. PLANNING, FOX THE FUTURE April 14, 2009 Myrt Webb, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Tanning Department 201 1" Avenue East Kalispell, NIT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin,c., Re: Hockaday Museum Board - Zone change from RA-3 (Residential Apartment/Office) to P-1 (Public) zoning district and a PUD (Planned Unit Development) overlay zoning district Dear Myrt: The Kalispell City Planning Board met on March 10, 2009 and held a public hearin-_ to consider a request from the Hockaday Museum Board for a zone change from RA-3 to P-1 and a PUD overlay zoning district for 4 adjacent lots containing 28,400 square feet. The properties are located on the west side of 2nd Avenue East between 3rd and 4th Streets East. The properties included in the zone change can be legally described as lots 1 and 2 of block 64 in Kalispell, the current site of the Hockaday Museum of Art, 302 2nd Avenue East and lots 3 and 4 of block 64, Kalispell within the NE 1/4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Sean Conrad, of the Kalispell Planning Department, presented staff reports #KZC-09-02 and KPUD-09-01 providing details of the proposal and the evaluation. He noted that the proposed P-1 zoning district was compatible with the existing use of the property and PUD zoning would allow for the future expansion plans for the museum. Staff recommended the board consider approving the zone change based on this and other facts determined in the findings of fact report. During the public hearing, David Mitchell of CTA Architects Engineers and Lucy Smith, Executive Director of the Hockaday Museum of Art, spoke in favor of the proposal. No one else spoke either for or against the proposal and the public hearing was closed. A motion was made and seconded to recommend approval of the zone change to P-1 and the Planned Unit Development overlay zoning district subject to the three conditions listed in the staff report. The motion was unanimously approved. Please schedule this matter for the April 20, 2009 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Staff report #KZC-09-02 and KPUD-09-01 and application materials Minutes of the 3/ 10/09 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lucy Smith, Executive Director Hockaday Museum of Art 302 Second Avenue East Kalispell, MT 59901 David Mitchell CTA 2 Main Street, Suite 205 Kalispell, MT 59901 be on the building where you enter the casino. Clark said he doesn't have a problem with the ward casino in both places. MOTION TO AMEND Clark moved and Hinchey seconded a motion to allow the CONDITION #2 word casino on both the pylon sign and the building. BOARD DISCUSSION Schutt said he does not have a problem with the condition for signage as currently written with one sign on the building. MOTION WITHDRAWN Clark withdrew the motion and the second concurred. BOARD DISCUSSION Griffin asked and Jentz said the applicant can still appeal to the council to change the condition. Clark said he thinks the architect has done a really fine job and this project will be a real asset to the city by first removing the existing building and the new building will be extremely attractive. Mendius asked Conrad if the highway necks down to 2 lanes at this location and Conrad said it is still 4lanes until 17+1, Q+..-....a- T�T�,...-3. ..1r...7 L... ar. A- 1 J "' Q u GG 1. IV.Lenu-L L'Ls azusx;L1 11L) w Luculy 1111v ewcLya !Hues Sawbucks currently have accessing the highway and Conrad said 2 but they are unregulated and undefined and he added on 13rh Street their parking lot bleeds into the street and can cause traffic hazards. Conrad said the rebuilding will clean up the parking, designate the 2 entrances along the highway and contain the parking on 13th Street. Mendius said he has some concerns that if the restaurant turns out to be really popular it might exacerbate traffic access problems onto the highway and perhaps an access onto 13rh Street might be appropriate. Conrad said the highway has been built to accommodate the traffic that is associated with a business of this nature. Further discussion was held regarding traffic circulation around the site. ROLL CALL - ORIGINAL The motion passed unanimously on a roll call vote. MOTION Williamson was reseated. HOCKADAY MUSEUM OF A request by the Hockaday Museum Board of Directors for a ART - ZONE CHANGE 8a zone change from RA-3 (Residential Apartment/Office) to P- PLANNED UNIT 1 (Public) and a planned unit development (PUD) overlay DEVELOPMENT FOR A zoning district for the Hockaday Museum site and FUTURE EXPANSION OF properties immediately south of the museum. The zone THE MUSEUM change and PUD would allow for reduced building setbacks needed for the museum to realize its future expansion plans. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 17 of 27 STAFF REPORTS KZC-09-02 Sean Conrad, representing the Kalispell Planning Ss KPUD-09-01 Depa -tment reviewed staff reports KZC-09-02 & EPUD-09-01 for the board. Conrad said before the planning board is a zone change and PUD for the Hockaday Museum of Art property. Conrad provided the location of the site to the board. The current zoning is RA-3 (Residential Apartment/Office) zoning district. They are requesting a zone change from RA-3 to P-1 (Public) as well as a PUD to allow for the museum's future expansion. The growth policy land use designation for this area is Urban Mixed Use which allows for a mix of residential apartment/offce type uses as well as cultural facilities, museums and schools. The proposed P-1 zoning is consistent with the Urban Mixed Use land use designation and the PUD will promote the compatible design of the future Hockaday expansion with the neighboring land uses. Conrad reviewed the site plan and noted the Hockaday Museum also owns the 2 lots to the south whose houses are slated to be removed. As part of the PUD the Hockaday would expand to the south and add a parking lot to serve the inrrpacPri ci�e� of the mii-,#- Tm They are requesting 2 deviations from the zoning ordinance. The first deviation would be to remove the building setbacks along the alley. Staff is supporting this deviation because the setbacks would not negatively impact adjacent properties to the west since properties can build right up to the alley. In addition the zero setbacks along the alley are consistent with the B-4 zoning district which is immediately adjacent to the west The second deviation is to reduce the required off-street parking spaces. Staff is also recommending the planning board consider recommending approval of this deviation based on the following: Excessive parking lots in the downtown discourage a pedestrian friendly environment; there is an existing city parking lot located approximately one block to the east that has approximately 30 parking spaces; and the proposed addition of 13 parking spaces proposed by the Hockaday Museum will provide for visitor parking which the museum currently does not have. Conrad reviewed the interim development plans for the museum which include removing the 2 houses to the south, putting up a temporary tent structure to accommodate children's activities during the summer, and construct a parking lot on the south end of the site. The future expansion plans will extend the building south and add a lower level. Conrad reviewed the need for additional museum space and the activities that a larger facility would Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 13 of 27 accommodate. Conrad reviewed the future building elevations and conditions for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff reports KZC-09-02 & KPtTD- 09-01 as findings of fact and recommend to the Kalispell City Council that the zoning be changed to P-1, Public and that the planned unit development be approved subject to the 3 conditions listed in the staff report BOARD QUESTIONS Griffin. asked Conrad to further explain the statement, "excessive parking lots in the downtown discourages a pedestrian friendly environment". Conrad said if you have large swaths of parking lots that would take up space for landscaping and benches downtown, it creates an auto oriented downtown and a barren landscape. In more urban areas Conrad continued, there is a de -emphasis on the parking lots and you find wider sidewalks, more green open spaces between buildings and park settings. Staff sees the need for providing some on -site parking but didn't want them to start tearing down more houses, for example, to create the parking. Griffin asked if this was a business would the city require more parking and Conrad said yes if the business was expanding. This site is located within the special parking maintenance district and the city would require additional parking spaces for the expansion much like the city is for this site. However the city is allowing for a parking requirement reduction of 50% in this case. APPLICANT/ CONSULTANTS David Mitchell, 249 Sherry Lane, Kalispell stated he is with CTA, the architects of record for the expansion of the Hockaday Museum of Art. Mitchell said Conrad did a good job of explaining the project but added when they looked at the project they considered the architecture, the building, the site and its position within this community and tried to design something that fit within this residential district that allowed the Hockaday to expand by 13,000 square feet. Within the expansion there will be a substantial increase in the gallery and exhibit areas and also a large children's discovery room, an outdoor area for the summer. Most of the visitors will be arriving by buses or will be dropped off by parents and there won't be a real increase for parking except during special events and exhibits. Mitchell further described the architectural features and the site and floor plans. Lucy Smith, Executive Director of the Hockaday Museum of Art stated as a member of the staff she is looking from the inside of the museum out. However long it may take to Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 19 of 27 expand the museum the interim phase will really increase the amount of space to be used during the summer months when the area has a lot of visitors and to accommodate the children programs. Right now it is difficult to have camps outdoors because there is such a small space and they have to confine the children for their safety. Smith described their current parking constraints and added creating a parking lot on site will help with traffic flow for the museum and local traffic. She reviewed the type of programs they will be able to provide with the expansion of the outdoor classroom area. Smith indicated staff had asked about the maintenance of the landscaped area and she said they currently have a maintenance contract and in addition there are always requests from groups who are looking for maintenance projects for community service, and civic or learning projects. PUBLIC HEARING No one wished to speak and the hearing was closed. MOTION - ZONE CHANGE Hinchey moved and Griffin seconded a motion to adopt staff report KZC-09-02 as findings of fact and recommend to the Kalispell City Council that the zoning be changed to P-1, Public. BOARD DISCUSSION None. ROLL CALL - ZONE CHANGE The motion passed unanimously on a roll call vote. MOTION - PLANNED UNIT Hinchey moved and Griffin seconded a motion to adopt staff DEVELOPMENT report KCU-09-02 as findings of fact and recommend to the Kalispell City Council that the planned unit development be approved subject to the 3 conditions listed in the staff report. BOARD DISCUSSION Williamson said this is a great project noting everyone wants to support the Hockaday however, parking appears to be an issue with the limited parking proposed, understanding it is more than what they currently have, but with buses dropping kids off there are safety issues and perhaps there is a better solution for parking. Conrad said the Hockaday has had discussions with the church regarding shared parking and they may pursue that idea further. Conrad added they could also discuss using the church and bank lots in the evening and on weekends. There is also the city parking lot one block east of the museum that they can also use for parking. Williamson added he would like to see more consistency with businesses where they wouldn't be seeing the relaxation of parking standards. Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 20 of 27 ROLL CALL E The motion passed unanimously on a roll call vote. CALAWAY BROTHERS - A request by Calaway Brothers, LLC for a conditional use CONDITONAL USE PERMIT permit (CUP) to construct eight apartment buildings on FOR AN APARTMENT several properties totaling 4.8 acres. The properties are COMPLEX - MERIDIAN zoned RA-3 (Residential Apartment /Office) which requires ROAD a CUP for multi -family (apartment) units prior to their construction. The apartment buildings would range in size from a 3,100 square foot 6-plex to a 5,600 square foot 12- plex. The apartment buildings will vary between two, three and four stories but be under the 40 foot maximum building height in the RA-3 zoning. district. The developer is also proposing one 2,000 square foot clubhouse in the southeast portion of the project site. STAFF REPORT KCU-09-02 I Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-02 for the board. Conrad provided the location and a history of this project where a CUP was approved in 2004 that included an apartment complex however, that approval has since expired and now the developer has reapplied for a CUP for a similar project. Conrad reviewed the site plan and indicated the developer is proposing 65 apartment units in buildings ranging from a 6-plex to a 12-plex. He described the location of the buildings on the site. The developer has been working with staff and has modified the site plan based on staff input and those modifications include a 30 foot R/W to allow, as future development occurs to the north, a future city street within a 60 foot R/W that would connect this project to the intersection of Three Mile Drive and North Meridian Road. The developer modified his plan and moved the 6-plex units so they face each other which creates a court yard setting with more green usable open space than was previously submitted. Conrad reviewed the building elevations for the board. Conrad added more specific information will be required when the developer goes through architectural review. Conrad stated the developer has worked well with staff however there are still 2 issues that need the planning board's consideration. He described the topography of the site and the highway elevations in relation to the site. He indicated that the proposed height of the 12-plex buildings would project approximately 18 feet above the level of the highway and staff concerns include: When traveling this section of Highway 93 there are views of the west and southwest parts of town and if a building goes up that high it would block those views. Secondly, a 3rd level apartment is proposed that would look right out over the highway and staff had concerns about headlights shining into the Kalispell City Planning Board Minutes of the meeting of March 10, 2009 Page 21 of 27 Hockaday Museum of Art REQUEST FOR ZONE CHANGE FROM RA-3 TO P-1 STAFF REPORT #KZC-09-2 REQUEST FOR A PLANNED UNIT DEVELOPMENT STAFF REPORT #KPUD-09-1 KALISPELL PLANNING DEPARTMENT MARCH 3, 2009 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the request for a zone change and planned unit development (PUD) on properties located on the west side of the 300 block along 2nd Avenue East. A public hearing has been scheduled before the planning board for March 10, 2009, beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. A. Petitioner and Owners: City of Kalispell/Hockaday Museum Board 201 lst Avenue East Kalispell, MT 59901 (406) 758-7940 B. Nature of the Request: A request by the Hockaday Museum of Art Board of Directors for a zone change from RA-3 (Residential Apartment/Office) to P-1 (Public) and a planned unit development (PUD) overlay zoning district for the museum site and properties immediately south of the museum. The zone change and PUD would allow for reduced building setbacks and waiving the off-street parking requirements for the museum to realize its future expansion plans. The properties are located on the west side of 2nd Avenue East between 3rd and 4th Streets East. C. Location and Legal Description of Property: The properties included in the zone change can be legally described as lots 1 and 2 of block 64 in Kalispell, the current site of the Hockaday Museum of Art, 302 2nd Avenue East and lots 3 and 4 of block 64, Kalispell within the NE 1/4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: The property is within the city limits, is zoned RA-3 and has an existing museum on lots 1 and 2 with single family residences on lots 3 and 4. The RA-3 zoning district is a residential apartment -office district to provide areas for professional, governmental, and private offices, banks, and similar institutions, cultural and governmental facilities and limited business at locations where they are compatible with residential apartment uses and where it is not deemed desirable to permit a more intensive business activity of a retail nature. This district serves as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district is located within or adjacent to business corridors, shopping islands or the Central Business District. E. Proposed Zoning: The P-1 zoning district is a public district to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. Such public uses would include schools, public buildings, parks, and open spaces, etc. The PUD zoning overlay district functions in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone. Along with the option to modify the underlying zoning district the PUD is intended to preserve and enhance the integrity of the area. F. Adjacent Land Uses and Zoning: North: Church and County library; B-4 and RA-3 zoning East: Church; RA-3 zoning South: Single-family residential; RA-3 zoning West: Commercial businesses; B-4 zoning G. General Land Use Character: The properties are within a transition area between predominately residential development south and east and commercial development north and west. Commercial businesses are the predominant use one block west on 1St Avenue East with residential development the predominant use one block east. Within one block north and south of the museum site land uses include a church, bank, single family residential homes and apartment buildings. H. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND PROPOSED PUD OVERLAY The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell Zoning Ordinance. Does the requested zone comply with the Kalispell Growth Policy? The four lots are designated by the Kalispell Growth Policy 2020 as "Urban Mixed 0 Use Area" which encourages the development of compact, centrally located services and employment areas that provide easy connections between existing commercial and residential neighborhoods. Policy 7.d of chapter 4 of the growth policy also recommends creating a gradual transition into the residential neighborhoods by encouraging multi -family, offices, and other compatible uses as a transition tool with sensitivity to compatible design. Furthermore, policy 7.f of chapter 4 of the growth policy allows the urban mixed use areas to have a compatible mix of higher intensity uses including office as well as some commercial, medium and high density residential and public facilities. The P- 1 zoning district is intended to provide areas for public uses and community facilities which serve the public health, safety and general welfare. The existing Hockaday Museum of Art is a public building as the land the museum currently sits on is owned by the city. The two lots to the south of the museum are owned by the museum and controlled by its board of directors. The museum is a historical as well as cultural building and as such the public zoning district is an appropriate zoning for such a use. The Kalispell Growth Policy, specifically policies 7.d and 7.f mentioned above, promote the compatible use of public facilities such as the museum in the urban mixed use areas shown on the Kalispell Growth Policy Future Land Use Map. The P-1 zoning district serves to acknowledge the existing museum and its plans for expansion and the existing neighborhood. The planned unit development (PUD) overlay zoning district is proposed to provide for the future expansion plans for the museum in order to keep the museum a viable facility in the downtown. Goal 5 of chapter 8 in the Kalispell Growth Policy states, "Strengthen the downtown as a historical and cultural center of the community." The proposed PUD zoning would provide the museum board of directors the options in setbacks and parking needed to both maintain the existing museum in the interim while ultimately providing for future expansion plans. The Hockaday Museum of Art is a culturally significant building and center which needs to remain in downtown Kalispell. Based on the goals and policies regarding urban mixed use areas and historic and cultural conservation in the Kalispell Growth Policy, the P-1 / PUD district is consistent with the growth policy and the current land use designation. 2. Is the requested zone designed to lessen congestion in the streets? The proposed P-1 would acknowledge the existing and future uses on the four lots. The proposed PUD will insure the uses on the property are limited to the museum and the expansion thereof. The adjacent city streets are adequate to handle existing and future traffic anticipated from the proposed rezone of the property and future expansion plans of the museum. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise 3 the safety of the public. New construction will be required to be in compliance with the building codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the property and will be utilized at the time the museum is expanded. 4. Will the requested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting the properties for the museum and its future expansion. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for mixed use development and since the property is developed with a museum served by public water and sewer, the P-1 zoning designation is appropriate. The PUD overlay zoning district will restrict development of the property to the museum which by its very nature will not overcrowd the land because increases in population are temporary, typically held to several hours during one particular day. 7. Will the requested zone avoid undue concentration of people? The proposed P-1 and PUD zoning districts will provide for the expansion of the existing museum on the site. Concentrations of people will be scattered throughout day and evening hours over most days of the week. Visitors to the museum are temporary. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available to the properties. The Kalispell Growth Policy encourages new development and redevelopment in areas where these services are available especially water and sewer services. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The land is level and no creeks, water bodies, wetlands or steep slopes are located on the property. This surrounding area is developed with urban scale residential and commercial development. The proposed P-1 zoning district and museum expansion plans proposed under the PUD zoning are consistent with the existing and anticipated land uses in the area. 10. Does the requested zone give reasonable consideration to the character of the district? 2 The properties under consideration for a zone change are located between the B-4 (Central Business) and RA-3 (Residential Apartment/Office) zoning districts. The proposed zoning of P-1 with the PUD overlay zoning district acknowledge the existing use of the property as a museum. The proposed zoning districts, by acknowledging the existing museum use and allowing the museum's expansion, maintain the historical mix of uses in this immediate neighborhood. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the P-1 zoning will promote the expansion of the existing museum. Plans submitted with the PUD zoning show the museum to include architectural features consistent with the existing museum and complimentary to neighboring residences, churches and commercial buildings. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Further development of cultural buildings is encouraged in the downtown area. Although the P-1 zoning district is not found in the immediate area the zoning district is intended to be placed on those properties which have or will provide for public uses such as schools, parks and museums. The proposed P-1 and PUD zoning is consistent with the growth policy and will promote expansion of an existing public building in a transitional area developed with both commercial and residential development. 5 EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: The Hockaday Museum of Art has served Montana's Flathead Valley since 1968 and, in 2008 over18,500 visitors of all ages experienced the artistic legacy of Montana, the Blackfeet Indian Nation, and Glacier National Park through the Hockaday Museum of Art exhibitions and programs. The Hockaday Museum's growing permanent collection and exhibition and education programs now stretch the limits of the current museum. The museums mission is, "to enrich the cultural life of our community and region and preserve the artistic legacy of Montana and Glacier National Park". In order to meet its mission the museum is moving forward with a campaign to raise $5.6Million for the expansion of the museum at its current location. The expansion will triple the size of the current museum with minimal impact on the original Carnegie structure. An open central courtyard will separate the new and old wings and provide private outdoor space for receptions or quiet reflection. Overall museum gallery space will increase from 2,800 square feet to over 7,100 square feet. Four galleries will be located on the main floor. The galleries will allow the museum to expand its programs, provide adequate space to display, protect and add to our growing permanent collection of the art and artifacts of Montana and Glacier National Park, and provide gallery space for traveling exhibitions. With the expansion of the building, the goal is to give the museum the ability to display a majority of the permanent collection while maintaining a steady schedule of temporary exhibits that focus on regional artists as well as target national and international art trends. The museum expansion will also allow it to increase staffing for educational programs to offer a variety of on -site classes and programs for adults and children. In order to allow the future expansion of the museum the museum board has purchased two lots immediately south of the current museum building. Each of the lots has a house on it. The immediate plans include removing both of the homes and placing a parking lot on the south side of lot 4. Between the parking lot and current museum building a temporary tent structure will be installed to provide a place for summer classes for children. To allow the museums ultimate build out plans the museum board is requesting two deviations from the zoning ordinance. The first is to eliminate the required setbacks in the P-1 zoning district to provide for the flexibility with the museums future design. The second deviation is to allow for the off-street parking standards to be waived. The following sections of the ordinance code : Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations provide that the planning board and city council shall review the PUD application and plan based on the following criteria: 1. The compliance of the proposed PUD with the Kalispell Growth Policy 0 The PUD plan submitted with the application provides the future build out plans for the museum. The Kalispell Growth Policy supports the expansion and increased cultural activities such an expansion would bring to the museum. The following goals and policies from the growth policy reinforce the expansion plans proposed: Chapter 8 - Urban Design, Historic and Cultural Conservation Goal 5 Strengthen the downtown as a historical and cultural center of the community Chapter 11 - Infrastructure and Public Services Goal 5 Work cooperatively with the historical society, Hockaday Center for the Arts and other community organizations to expand and improve the number and variety of cultural events in the community. Policy 5 Provide on -going support for the Hockaday Museum of Art to assist this facility in realizing its full potential. Based on the above goals and policy in the Kalispell Growth Policy it is clear that support for the museums expansion plans is important to the community's goals. Furthermore, expansion of the museum will help to address the following issue cited in Chapter 11 of the Kalispell Growth Policy: Chapter 11 - Infrastructure and Public Services Cultural Facilities - Issue 3 Cultural facilities and cultural events do not currently provide the economic stimulus and cultural identity that could be fully realized in the downtown area. 2. The extent to which the plan departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest and the mitigating conditions that the PUD provides to address the deviations The museum is seeking deviations from two sections in the zoning ordinance. Below are the two requested deviations with an evaluation of the deviations by the planning department. 1. Kalispell Zoning Ordinance, Section 27.20.040(3) (Minimum building setbacks in the P-1 zoning district) to remove all setback requirements. The west end of the existing Hockaday Museum of Art building is built at the western property boundary. The expansion plans seek to maintain the integrity of the original building and maximize the museums expansion space along the alley. This will provide for the necessary square footage needed for the museum to display more of its permanent collection, host larger events and 7 provide for more educational programs. Expansion along the western boundary will also maintain the existing landscaping at the corner of 2nd Avenue East and 3rd Street East. Building to the west boundary of the site will also provide space on 2nd Avenue East for the future courtyards associated with museum addition. The planning department agrees that a zero setback from the western property boundary (side yard) is needed for the proposed expansion plans. Removing the building setback requirements along the western property boundary would not negatively impact adjacent development to the west. West of the museum site, across the alley, the properties are zoned B-4 (Central Business). The B-4 zoning district does not require building setbacks from any of the property boundaries. A reduction in the building setbacks would be in line with the adjacent B-4 zoning's development standards and in keeping with the development pattern in this immediate neighborhood. 2. Kalispell Zoning Ordinance, Section 27.26.050(18) (Minimum off-street parking spaces required for museums and art galleries) to waive the minimum off-street parking requirements. The current museum is approximately 8,425 square feet, this includes the main and lower levels of the building. The current off-street parking for the museum includes three spaces located off of the alley on the south side of the building. However, the three spaces do not meet current parking standards regarding minimum dimensions or setbacks. No visitor or additional employee parking is present on the site. The expansion plans call for a 13,622 square foot addition. Here again this figure represents both the main and lower level additions. The museum is located within a special parking maintenance district. This district requires businesses to provide additional off-street parking only when additional square footage is built on to the existing building. Based on the off-street parking requirements in the zoning ordinance for a museum and art gallery a total of 27 parking spaces are needed for the addition. The plans submitted indicate 13 parking spaces on the south end of the project site. Given the museums location and surrounding development the planning department is recommending that the off-street parking requirements for the entire museum be reduced by half requiring a total of 13 off-street parking spaces. This is based on the following: Excessive parking lots in the downtown discourage a pedestrian friendly environment and encourage large swaths of asphalt that detract from the historic feel of the neighborhood. This is supported by policy Lc of chapter 4 of the growth policy which states, "Reinforce and take advantage of downtown's strengths including its higher concentration of people, investment in buildings and infrastructure, intricate mix of land uses, historic and architectural character, pedestrian orientation and visitor attraction." • The proposed expansion will still provide for some visitor parking just south of museum. Currently, no visitor parking is provided. • Parking is permitted on 2nd Avenue East and 3rd Street East. In addition, a city permit parking lot, with 30 parking spaces, is located one block to the east. The parking lot is available to the general public after 5 p.m. Monday through Friday and all day during the weekends. • A study conducted by HyettPalma titled "Downtown Action Agenda 2005" provide the city council with an enhancement strategy to strengthen downtown Kalispell. A section within this study titled "Course of Action" indicates the city council is considering doing away with minimum off-street parking requirements for businesses and the regulations requiring employee parking to be available within 300 feet of the place of employment. The study cites this as a good way to help strengthen the downtown. If parking becomes an issue for the museum in the future, the city has the ability to review its parking lots and on -street parking limitations in the area and make necessary changes to accommodate parking needs for the museum. The requested deviations are considered to be in the public's interest because they will allow the museum to expand so that it can increase its display capacity and, in turn, provide for additional cultural and art exhibits for the benefit of the community. The museum's expansion will also add to the downtowns viability as a cultural and commercial center. Both of these outcomes are supported by the Kalispell Growth Policy. 3. The overall internal integrity of the PUD including the appropriate use of internal design elements, the use of buffers between different land uses, the use of transitions between uses of greater and lesser intensity, the use of enhanced design features to provide connectedness for both vehicle and pedestrian traffic throughout the PUD and the use of innovative and traditional design to foster more livable neighborhoods; The PUD seeks to maintain the majority of the existing Hockaday Museum of Art while providing for the buildings expansion to the south to provide increased gallery space and to hold more events at the museum. The expansion plans provide for additional pedestrian courtyards on the north and east sides of the building while maintaining the existing landscaping in these areas which compliment the current museum. 4. The nature and extent of the public parks and common open space in the PUD, the reliability of the proposal for maintenance and conservation of these areas and the adequacy or inadequacy of the amount and function of the parks and open space in terms of the land use, densities and dwelling types proposed in the PUD; Common open space occurs on the museum site along the north and east sides of OJ the museum. The open space currently consists of a combination of grass, bushes and trees meant to compliment the museum. No parkland or additional open space is required or warranted based on the use of the property. Maintenance of existing and future landscaping and courtyards for the museum will be provided by private contractors. 5. The manner in which the PUD plan makes adequate provision for public services, provides adequate control over vehicular traffic and furthers the amenities of recreation and visual enjoyment; A. Public Services A city water main is located in the 2nd Avenue East right-of-way. A city sewer main is located in the alley right-of-way immediately west of the museum. Future building expansion may need to include an upsized water meter and water line and possibly additional sewer service lines. Whether or not water line upgrades and/or additional sewer service lines will be needed will be determined when a building permit is applied for. There are storm sewer lines in the 2nd Avenue East right-of-way. Future building expansions and parking lot development will need to retain their storm water on site with provisions for storm overflows to discharge to the storm sewer in the street. A detailed storm water management plan will be required with the building application. B. Control over vehicular traffic The adjacent city streets, 2nd Avenue East and 3rd Street East, provide for adequate control for vehicle traffic in and around the museum. C. Visual enjoyment The Hockaday Museum of Art is housed in a turn -of -the -century Carnegie Library Building that is listed in the National Registry of Historic Places. The building is over 100 years old and has undergone significant renovations to create a sophisticated museum setting while retaining the building's historic beauty. The existing building is located so that the main entrance to the museum takes a prominent place at the intersection of Second Avenue East and Third Street East. The expansion plans seek to compliment and maintain the existing characteristics of this historic building by keeping the current main entrance to the museum. The proposed courtyard is intended to separate the old and new building so that the majority of the historic structure is still viewable from the outside. 10 Figure 1: The Hockaday Museum of Art main entrance D. Recreation The museum currently provides educational programs including art programs such as painting, drawing and ceramics. The museum expansion will allow it to increase staffing for educational programs to offer a variety of on -site classes and programs for adults and children. 6. The relationship, beneficial or adverse, of the PUD plan upon the neighborhood in which it is proposed to be established in concert with the underlying zone; The proposed PUD in conjunction with a zone change to P-1 would permit the Hockaday Museum of Art to expand. The museum is located on the east edge of downtown Kalispell. Expansion of the museum will enable the museum to hold larger events and in turn attract more people to the downtown area. The PUD plan also recognizes the need for some onsite parking and takes advantage of the on street parking and surrounding city parking lots. This enables the focus of the property to be placed on the building instead of the parking lot which is in keeping with development in the downtown neighborhood. 7. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the PUD; If funding is available, the museum plans to remove the two existing homes on the properties immediately south of the current museum within the next several months. On these lots the museum would set up a temporary tent structure for children's programs during the summer months. The parking lot would also be constructed at this time. The future museum expansion plans may occur in the 11 next two to five years depending on funding. Planning staff is recommending a time frame to coincide with the development of the property, be added as a condition of the PUD. The purpose for placing time frames on the PUD is to insure that there continues to be a viable project on the site and also provides the adjacent public assurance of what is anticipated on the site. The recommended time frame would be five years from the date of approval for the PUD with an additional five year extension to be granted by the city council. 8. Conformity with all applicable provisions of this chapter. No other specific deviations from the Kalispell Zoning Ordinance can be identified based upon the information submitted with the application other than those addressed in the beginning of this report. RECOMMENDATIONS Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report #KZC-09-2 and recommend to the Kalispell City Council that the zoning for the four properties be changed to P-1, Public. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-09-1 as findings of fact and recommend to the Kalispell City Council that the PUD for the Hockaday Museum of Art be approved subject to the conditions listed below: General Conditions: 1. The Planned Unit Development for the Hockaday Museum of Art allows the following deviations from the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.20.040(3) (Minimum building setbacks in the P-1 zoning district). Removes building setback requirements along the alley so that the future museum expansion can be built. B. Kalispell Zoning Ordinance, Section 27.26.050(18) (Minimum off-street parking spaces required for museums and art galleries). Only 50% (13) of the required off-street parking for the museum expansion shall be met with the parking to be located on the south side of the museum site as shown on the submitted site plan. 2. That the development of the site shall be in substantial compliance with the following plans as well as any additional conditions associated with the PUD as approved by the city council: 12 Hockaday Museum of Art temporary plans (includes parking lot on south side of project site and temporary tent structure) Hockaday Museum of Art full build out plans Elevations of the museum 3. Approval of the planned unit development (PUD) shall be valid for a period of five years from the date of approval with the possibility of another five year extension to be granted by the city council. Within this time, the museum shall obtain the necessary permits and approvals to complete the improvements as shown on the approved PUD site plan. 13 WIN �� /�� �� O���� U���U�U�B N MN 0` �0OO D� °��u^� L� L;4j HOCKADAY MUSEUM !M of ART M[ISPEL[PLANNiNG DEPARTMENT ����u��r��� February 5,2009 City ofKalispell Planning Department 2Ol1'tAve. East Kalispell, MT 59901 RE: Request for zoning change. The Board nfDirectors ofHockaday Museum ofArt astenants nnlots 1and Iand owners oflots 3and 4 n b 1 o ck FJ'+ - I Ly of Kalispell hereby request a zoning change from FXM_11r1_1 to Ill W;+Ll This will allow the Hockaday Museum of Art to move forward on their proposed expansion plans as depicted onthe enclosed drawings. Thank you for the consideration. Feel free to contact me with any questions. Hockaday Museum Board of Directors 302 znJ Avenue East" Ka|ispeU, Montana 59901 4»6.755-5268 6m4»6.755.2023 www.hocka6aymuscuno.o,g irate �}!t CM.eLL FJRA4M cif 1Bi� l.i�Yirni i'•r"� rrryr�r�.rrrY .FlR ®.giMl' k ��RWN�.iiWYT ��� f.Y!e aR" �e �11.41��itr�ifPi MAIN LEVEL r�pys P9l�J4M..Y1i6�11f LOWER LEVEL FAutinig Hockefay Mueetu,m Vuliding New tint siruetury New Parking, for future addition ExistingSite- With parking and tent structure, Option 1 Hockaday lus um Addition Z. Third Street East m Q lAn' Fourth Street East Scale: 1" = 4A'-0" CERTIFICATION APPLICANT: City of Kalispell/Hockaday Museum I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a planned unit development and zone change has been requested. /S Date: io-G4-` i Tract/Lot: Lot 1-4, Blk 64, Kalispell Original Townsite Property Owners: City of Kalispell Hockaday Museum of Art Attn: City Clerk 302 - 2nd Avenue East P.O. Box 1997 Kalispell, MT 59901 Kalispell, MT 59903-1997 AND ATTACHED LIST City of Kalispell Hockaday Museum of Art Angel Point Capital, LLC Attn: City Clerk 302 - 2nd Avenue East P.O. Box 206 P.O. Box 1997 Kalispell, MT 59901 Lakeside, MT 59922 Kalispell, MT 59903-1997 Richard A. Caerbert P.O. Box 448 Purdon, TX 76679 Eagle Communications, Inc. P.O. Box 5268 Missoula, MT 599806-5268 First National Bank of Kalispell AD% Deloitte Tax, LLP P.O. Box 2609 Carlsbad, CA 92018 KOFI, Inc. P.O. Box 608 Kalispell, MT 59903-0608 Wayne & Sheryl Saverud 160 Buffalo Stage Kalispell, MT 59901 Robert & Audrey Wallace 344 2nd Avenue East Kalispell, MT 59901 Richard & Barbara Caerbert 629 5tn Avenue East Kalispell, MT 59901 Epworth Methodist Church of Kalispell P.O. Box 1020 Kalispell, MT 59903-1020 Kristine M. Foster 405 2nd Avenue East Kalispell, MT 59901 Eric iviarseriicn Kathleen White P.O. Box 8886 Missoula, MT 59807 School District #5 233 lst Avenue East Kalispell, MT 59901 Robert & Susan Zahrobsky AD% All Pro Rental P.O. Box 2273 Kalispell, MT 59903-2273 Central Christian Church P.O. Box 955 Kalispell, MT 59903-0955 Epworth United Methodist Church 345 2nd Avenue East Kalispell, MT 59901 Paul & Susan Holmgren 211 White Pine Road Kalispell, MT 59901 North we- sz viaeo, inc Bresnan Communication 1 Manhatttanville Rd Purchase, NY 10577-2100 Trapper Dog, LLC 140 South 4th Street West, Ste 3 Missoula, MT 59801 public hearing is ihterW- ed as a forum for infor- mation and public com- ment. 5. A request by Pre- mier Restaurants, LLC for a Conditional Use Permit (CUP) to operate a casino in conjunction with a bar and restau- rant in the B-2 (General Business) zoning dis- trict. The developers in- tend to tear down the existing building where Sawbucks restaurant, bar and casino has op- erated for approximately 14 years and are pro- posing to construct a new building to also house a restaurant, bar and casino called the Montana Club. The property address is 1301 South Main Street and is the current site of Sawbucks. The property can be described as tracts 5E, 5ED and 5EDA within, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. 6. A request by the Hockaday Museum l3oard of Directors for a zone change from RA-3 ( R e s i d e n t i a l Apartment/Office) to P-1 (Public) and a planned unit development (PUD) overlay zoning district for the Hockaday Muse- um site and properties immediately south of the museum. The zone change and PUD would allow for reduced build- ing setbacks needed for the museum to realize its future. expansion plans. The properties are located on -the west side of Second Avenue East between 3rd and 4th Streets East. The properties included in the zone change can be legally described as lots 1 and 2 of block 64 in Kalispell, the current site of the Hockaday Museum, 302 Second Avenue East and lots 3 and 4 of block 64, Kalis- pell within the NE of Section 18, Township 28 North, Range 21 West, P.M.M--Fiathead County, Montana. 7. A request by Cala- way Brothers, LLC for a conditional use permit (CUP) to construct eight apartment buildings on several properties total- ing 4.8 acres. The prop- erties are zoned RA-3 (Residential Apartment /Office) which requires a, CUP for multi -family (apartment) units prior to their construction. The apartment buildings would range in size from a 3,100 square foot 6- plex to a 5;600 square foot 12-plex. The apart- ment buildings will vary between two, three and four stories but be under the 40 foot maximum building height in the RA-3 zoning district. The developer is also proposing one 2,000 square foot clubhouse in the southeast portion of the project site. The properties are located between North Meridian Road and Hwy 93, north of Underhill Court and south of Three Mile Drive. The property ad- dress is 1079 N. Mendi- nn Rnarl_ The orooerties can be described as Parcels:A & B of Certifi- cate of Survey 15239, and Tract 1 of Certifi- cate of Survey 11786 in Section 7, Township 28 North, Range 21 West, P.M.M, Flathead Coun- ty, Montana. . Documents pertaining to the agenda items are on file for public inspec tion at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition information on each agenda item is posted on our website a t www.kalispell.com/plan- ning under "Planning .Board Projects". Interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments may be submit- ted to the Kalispell Plan- ning Department at the above address, prior to the date of the hearing, or you may call us at (406) 758-7940, or e- mail us at planning@ka- lispell.com for additional information. /s/Thomas R. Jentz Thomas R. Jentz Planning & Building Director Feb. 22, 2009 ��i