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2. Ordinance 1655 - Zone Change with PUD Overlay - Cornerstone Church - 1st ReadingPLkNNING FOR. THE F=IE MON T"A . REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim. City Manager Planning partme n 201 1't Avenue East Kallspe% NIT 59901 Phone: (406) 758 -7940 Pax: (406) 755-7739 'W *Mw.ka1ispe11.cop]Zp1anning SUBJECT: Cornerstone Community Church zone change and planned unit development (PUD) zoning overlay request MEETING BATE: March 2, 2009 BACKGROUND: The Kalispell City Planning Board met on February 10, 2009 and held a public hearing to consider a request by the Cornerstone Community Church to rezone a portion of their 3.9 acre property located at the northwest corner of the intersection of Northridge Drive and Highway 93. The zone change includes changing the zoning on approximately 3 acres from R-3 (Urban Single Family Residential) to B-1 (Neighborhood Buffer District) to accommodate the location of a new bank. The remaining 0.9 acre of land owned by the church along Parkway Drive will remain R-3. The church is also requesting a planned unit development (PUD) overlay zoning district on the proposed B--1 portion of the property. The PUD request would permit a zero side yard building setback to accommodate a drive -through facility for the bank. The PUD also requests a bank and drive -through facility of up to 6,000 square feet and four drive -through lanes. The B-1 zone permits drive -through facilities with no more than two lanes and an associated bank of no more than 2,000 square feet in size. The final request in the PUD application is to reduce the rear yard setback for the B--1 from 20 feet down. to 10 feet. The property is approximately 3.9 acres in size and can be legally described as lot 1A, Kalispell Addition No. 15A located within Section 1, Township 28 North, Range 22 West P.M.M. Flathead County, Montana. Sean Conrad of the Kalispell Planning Department presented staff reports #KZC-09-01 and KPUD-08-03 evaluating the proposed project. Staff recommended the planning board recommend approving the zone change and planned unit development overlay zoning subject to the conditions listed in the staff report. During the public hearing portion of the meeting the pastor of the Cornerstone Community Church and their engineer, Doug Kauffman, of Thomas, Dean and Hoskins spoke in favor of the project. David Mitchell, of CTA Architects Engineers, representing Valley Bank also spoke in favor of the project. One neighboring property owner, Joel Hausen, spoke about his concerns with left turns at the intersection of Highway 93 and Northridge Drive. During the public hearing portion of the project some planning board members had concerns with the number of future parking spaces shown along the east side of the project site. with a narrow greenbelt in front of the parking area along the highway some planning board members were concerned about the visual affect a line of parked cars would have. Adjacent development across the highway was cited as it has a larger berm and landscaped area to buffer the parked cars from the highway. After hearing further testimony from the applicant the public hearing was closed. Further board discussion regarding the issue of parking along the eastern side of the project site took place. Additional landscaping was difficult to achieve on this site due to the existing church on the property and the need to provide adequate on -site parking. The planning board recommended adding condition. # 11 that would prohibit bank parking in the easterly parking area, along Highway 93. In addition signage is required that reads "Church Parking Only". The planning board members believe this would limit the excess parking along the highway during most of the week with the parking spaces used only during church functions and services. The recommended condition passed on a vote of 4-2. The planning board then approved the main motion recommending approval of both the zone change and planned unit development subject to staffs conditions as amended. This motion passed on a vote of 5.1. RECOMMIENDATION: 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. ALTERNAT11VES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled.- February 24, 2009 c: Theresa White, Kalispell City Clerk Myrt ebb Interim City Manager Return to: Kalispell City Clerk Po Box 1997 Kalispell, MT 59903 WHEREAS, the Cornerstone Community Church, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-1, Neighborhood Buffer District, with. a Planned Unit Development overlay on approximately 3 acres of land, and WHEREAS, the property is located on the west side of Highway 93 at the intersection of Highway 93 and Northridge Drive, and WHEREAS, the petition of the Cornerstone Community Church was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-09-0IIKPUDW 05--03, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Buffer District 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 February 10, 2009, and recommended that the zoning be City B --1, Neighborhood Buffer District 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 B- 1, Neighborhood Buffer District 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 75-3- 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-09-011KPUD-08- 03. 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 B-1, Neighborhood Buffer District with a Planned Unit Development overlay on approximately 3 acres of land. SECTION II. 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 III. This ordinance shall tape 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 2ND DAY OF MARCH, 2009. ATTEST: Theresa White City Clerk Pamela B . Kennedy Mayor KALISPELL CITE"' PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING FEBR[TARY 10, 2009 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission mission was called to order at 7 : oo p.m. Board members present were: Bryan Schutt, Rick Hull, C.M. (Butch) Clark, John Hin.chey, Jinn. Williamson and Troy Mendius. Richard Griffin was absent. Torn Jentz and Sean Conrad represented the Kalispell Planning Department. There were approximately 15 people in the audience. "PROVAL OF AHNU T'ES Hinchey moved and Hull secmotion to approve the minutes of the January 13 = and January 27thm.eeting s of the Kalispell City Plannir B d and Zoning Commission. ROLL CALL. The motion passed a;*; geeAaebm arously6=eel. roll call vote PUBLIC COMMENT No one wished gt peak., m CORNERSTONE A request by the0'*%nera .Church rch toyrzone a portion of COMMUNITY CHURCH ZONE their 3.9 acre ro e g eaa ��cated at the northwest corner of p p ;=e. CHANGE & PLANNED UNIT the intersection of Nor edge Drive and Highway 93. The er DEVEL[ FOMENT z o as a aa one cfi includes charm➢➢�� :' g the zoning on approximately atel ? p y 3 acres rb.. Urban Sirs °e0�'arnzly Residential to 8--1 mAe 'p e . (Neighboitiood°" ��-emZ]istrigf' to accommodate the location a of .�. b ask a"The `ruing 0.9 acre of land owned by a a=tie church ' ng Park-W, Drive will remain R-3. The 4Ta urch is alsqrequesting a planned unit development (PUD) d m a orlay zoning�o , yiistrict on the proposed B-1 portion of the - _ perty. STAFFREPO n3_ - aCon Pre resenn heKs el Planning Department KZC49-0ee = rev`ed staff report KPUD08-03 KZC-o9--0 l for the ------------- boar=exap ee 21 y Conrad stated the Cornerstone Coamrnunity Church zone change & PUD is 3.9 acres in size and is located on the northwest corner of US Highway 93 North and Northridge g Drive. He reviewed the current zoning and land use = designations on the property. The owners of this property are requesting a zone change on the eastern portion of the property from. R-3 (Urban Single - Family Residential) to a B-1 (Neighborhood Buffer) district and plan to retain the R-3 zoning district along Parkway Drive on the western portion of their site. Both the R-3 and B-1 districts are consistent with the growth policy. Conrad continued in addition to the zone change the PUD zoning is proposed over the B- 1 portion of the property. The purpose of the PUD district is to ensure compatible Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 1 of 10 development with the neighboring R--3 residential properties and to maintain the neighborhood integrity of the Northridge Subdivision located immediately west of the proposed B.-1 site. As part of the PUD the owner is requesting 3 deviations which includes a zero side yard setback to accommodate an overhang for the proposed 4 drive --through lanes with the associated bank; a reduced rear yard setback from 20 to 10 feet to tape into account the existing church building; and to allow a bank with 4 drive --through lanes, a 6,000 square foot footprint, with an ultimate size of between 3,000 & 01000 square feet. Conrad said with the PUDe,: , a �e p developer is proposing landscaping along Highway,,e, and along the east ra er p p ty boundary to screen bre`eY existing church and the necessary parking that's,5gemaeaareq:e. for this project. The PUD would also ensure th,g i hbor b gg Y;: dig za-�-esidenttal properties of ghat is happen inb gTher nei babe ood and the can be poi mr gh ;��a. Y assured that e significant chang aaz this project site would have W,,,t' 0 ck through the city66666il fora roval. The planning board9Yeproject pp d a work session on this ' ect 2 I weeks<<<a.go and nothing ks changed since that work session. C onrad Y-,4 cated some # r ' o� g si 2 e planning board members had 5. a m e ame-_ edsa�L- .ade concernvb 'aaa rq needing xi.onal landscaping to help screen 1orr _ etch opp°parking next to the highway. Conrad sang a n� ; ae i t . d c p r s consultant will address this E sue dunn. e t i774 e ublicbe earin p g• b ff' recomm6fids .that the Kalispell City Planning Board and y rig Commi�a6n adopt Staff Report #KPUD-03-03 8� KZC-- gam aweae ,ngs of fact and recommend to the Kalispell City _ _ council th� the zoningfor approximately 3 acres f pp y o the g t er be changed to B--1, Neighborhood Buffer District � g _ = aril4Qa°mope PUD for Cornerstone Community Church be appved subject to the 10 conditions listed in the staff report. ,APPLICANT J CONS A'T =eye Doug Kauffman, Thomas, Dean. Hoskins stated he is representing the Cornerstone Community Church. Kauffman said they did go back and revisit the entire parking area along Highway 93. They tried to reduce the parking along Highway 93 by using the large open space which is directly west of the church. I ie said there are some fairly severe slope constraints that run directly along the western edge and in trying to layout a viable parking scenario with access, there may be a gain of 6 spaces. However, he added, there would be a reduction of 2 existing spaces and therefore the net gain would only be 4 parking spaces. He said considering the construction constraints with the severe slope they looped at excavating 2-3 feet but then there were issues with existing utilities. There is a service line that comes in from the west and also a vault that would have to be reconstructed and Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 2 of 10 reburied. Kauffman continued the second scenario was removing approximately 4 spaces from the northern area of the parking lot and relocating those directly in front of the church in what is now the open area. Kauffman said while that could have been functional the client prefers to leave that area open for church services and functions and an additional issue was emergency vehicle access. Fire trucks coming in off of Highway 93 encroached half -way into those spaces. Consequently, Kauffman sai%0= P ee e77" 17" y decided to go forward with the current con iguratO He Balsa pointed out that he �a�aA�#_Rpe�b: o re --measured the actual ice from the roadway to the property boundary, whit is 6bout 40 feet from. the edge of the roadway to the e e a-�f th e m � :a'� and with an additional ®b a 12 feet of berrrie& pgre enbelt thud= oep,would be a total of approximately 5 'feet w ich is equivrfa. e a a a � -At to what is on the other side of4swa y Kauffman said the y';= ft tacted MDT regarding adding some green,,,a rea to the por YTa= l-iop entrance and MDT indicated they rt r pprove the dditon as long as it is irrigated and there is rrrtxlance agree in place Kauffman R .aa tin are amenable to all of .� e g they �4e conditio -'a.s curreniiffv written. rk express; his disappointment that the parking along tl as Nghway eras-- not reconsidered. He said along the right _ . ®e p ennaap ,. _o osg eaa.abgerront of the proposed bank budding, it appears at the AAi will be much higher than the one in fro nt ant of -eastern parking area. Kauffman said yes that is currently th boa r it is configured. They are proposing a 2-1/2 foot bergd along the ea.stem parking area in the 52 foot buffer area and the berm along the bank is approximately 3-� 1 /2 to 4 feet. Clark suggested increasing the berm to 3-1/2 to 4 feet all along the highway. Hinchey said he has the same concerns. He added with a narrower greenbelt in front of the parking area along the highway they are concerned about the visual affect. Hinchey suggested getting an agreement with the state to encroach onto the R/W to increase the berm.. Hinchey said they are trying to achieve a visual pattern on the west side similar to the one on the east side of the highway. Kauffman said they could loop into that but they are also partially constrained by the existence of the pedestrian bike path that is directly on the property boundary and he added with increasing the slopes you start getting into erosion issues. Clark restored the height of the berm should be the same all Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 3 of 10 the way along the parking on the east side of the property so it doesn't look like a parking lot. Hinchey added there was discussion regarding parking to the north of the church and asked if they looked at that. Kauffman said yes but in that situation they felt parking there would not be functional for the bank and the client has requested that they try to keep the area north of the church open for other purposes. Schutt noted wrest of the church is not really an option due to slopes and utilities and north of the church also has slope issues and Kauffman said yes. Schutt asked about east of the bank and Kauffman said there may be some parking availability there but that wrou1ryay�.ave to be discussed writh the bank's representative. PUBLIC HEARING Joel Hauser, 536 Parl,v ay Drd stated he wasn't able to attend the work session 2-`b�ut he z e�)C' reed with the added ¢`t traffic coming to tepee acid he sted that a left-hand turn signal be.""- �ded to the signal"" �a e the, e intersection of Northridge D ,r d I Iigray 93. Pastor Duke Knoll -c` erstone Commun *ty Church, stated he is %ppresen.ting th&" ",d ch. He said they inherited this buildiripa now it need- :aa lot of repairs so they thought g why note �b:oem .�� ee e ae x ze ece of th:� , ..erg er and then they co ��p. .�:� p tY could improve of o i Y apRe. e the build but their parking lot, curb - • r appeal, et6kTh egbae aa: g da really limits them a great deal for pp e ==z provemefiWto the e t. Most of the parking in this area is =e used b b a he church on Sunday, Wednesday evenings r 9Rep aFY �� _ a. possibly �turday evenings in the future. If they change t ti,par� ng e " Ih.e congregation has to park at the back of _ <<teasmy will lose all of the sots ors. the east in order hm p r . - °o make It ode n � r r ea enough to access that area. In addition it wall rje ad. e I I the church s future plans to build a gymnasium or a cGrr rdd aity center and would cause problems for elderly peo who are dropped off in front of the church for services. Pastor Knoll said with the added improvements to the building, paving and the additional landscaping it will be nice = and hopefully that will be enough. He added in looping at the - parking across the highway the vehicles are not shielded very well and all he is asking is to be treated the same. Mendius asked if the bike path and berm is an impediment to having adequate space for parking and Knoll said adding the berm moved the parking even closer to the building so with the bike path the only way to extend the landscaping is if the path is taken. out. Men.dius asked Knoll if he was satisfied with the parking plan as proposed and Knoll said he is satisfied with the proposed plan vs. moving the parking north or trying to put parking on the steep grade to the west. Knoll added he doesn't want to spend the church's money to move the bike path either when they need their funds to Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 4 of 10 remodel the inside of the church. HM* chey said he still doesn't like the parking design and suggested ways he thought would improve the layout. Clary asked for clarification on the shared parking with the bank and although Knoll didn't feel the bank parking would overflow to the east parking area Clark felt the bank employees would park in that area. Clary said the berm solution was the best way to remedy the visibility of the parking area. David Mitchell, representing valley Bank said they had a road on the east side of the b a.�e4:�. one point to get access to the drive -through and talkiyA to planning they changed the design.. To the south of _'t, ae to the funeral home has no greenbelt so what they =td to eka-!vith this design is create a a heavy landscaped a aright ot%g be=_ corner in front of the bank and then to Ertl dt lan eaee dscapi;aaway as you go north. After the bank, , sett. n n e highway drops cuo severely and you ready can't see be ee mucr �£ aof the churcl .�ga -0 the parting lot Mitchell said a res at�tion ;may be to put a °couple courses of a retaining wall, sorrii ", bushes behind the wall and then droppix,ig of into a bed yR goo there could be about 3-1/2 feet to hide a d Q=, arking area �a��ich would make the parking lot ax�mex y�r pep p g - more at wem ltchell saidAlf6 parking requirement for the °o 04 bank is 30 spa epoa x�ad he .,described the location of those spaces in.&d�np the,, loyee parking which will not be bong the eastern park. area. 11 e one else g 1shed to speak and the public hearing was c.ed. MOTION �e�� ll m6va and wilhams on seconded a motion to adopt p psi= reports KZC-09-01 KPUD�-08--03 as findings of fact = aril yon�amend to the Kalispell City Council that the zoning for opproximately 3 acres of the property be changed. to B--1 y Neighborhood Buffer district and that the PUD for Cornerstone Community Church be approved subject to the 10 conditions listed in the staff report. BOARD DISCUSSION Hinchey said the issue is the discrepancy between the appearance of the parking areas on the west side of the highway and what is currently on the east. Hinchey said it seems to him he doesn't notice the parking to the east and asked if it has a bigger greenbelt? Jentz said they spent a lot of time working with the church, since last spring on this project. what you see right now on the west side is an open area with a building, and what you don't see is the trees and landscaping. It looks exactly like the east side did before it was developed. The berm on the east side is high enough to block the headlights and bumpers but not totally sight obscuring. Kalispell City Punning Board Minutes of the meeting of February 10, 2009 ................................................................................. Page S of 10 Jentz said in the discussions about this development staff pushed them as hard as they could to find places for the landscaping and parking. There is an existing church which limits what they can do so staff couldn't ask for a duplication of the east side because there wasn't the room. However, Jentz added when the board sees it when it is all completed it will pull together really well. Having a higher berm in front of the bark is a priority because keeping those headlights away from Highway 93 is important. MOTION - ADD CONDITION Clark moved and Hinchey seconded a motion to add # 11 condition # 11 that would prohibit bank parking in the easterly parking area, alor g-`-,, g"H- , ghway 93. In addition signage is required that read ""Church Parking Only". BOARD DISCUSSION There was discussion the = .i�a g requirements for the church and the b a.¢e 9n.rad e e81 A the church is meeting their minimum vwi� A at e 71 p arkih#=A p aces and the bank needs a bit lei° than .Y2 of that a -, nt. The bank has parking to the' .4th. of the bank and 02e l�south of the ritmgchurch between eed e clu�rCc a. and thebLk, which will be plenty. _ Jentz 9",, .e thinks tl! oe s a good compromise and the bank's re- rtative said enR-can. live with that condition. ROLL CALL - ADD The motion aAe pa Bed ° r roll call vote of 4 in favor and 2 CONDITION # 11 b . ��aposed. BOARD DYSCU SIOIAa =R# .. S axrison sa. he is zn the position of designing parking � ,, nd he is A& frustrated with the applicant because he NN n e ea A b cult design challenges, mostly because of the } a fisting T bi d. ng and he thinks they have done what they C' eto carry the trend across the highway. To try and rely e p some of the parking the board has heard from the developer's representative why they can't do that and in Williarn.son's experience what they are saying makes sense. This is a good layout for the property and for that reason Williamson can support it as is. Clark said under the circumstances this is a good layout and with the amendment he will support the project. Hull said they are not allowed the sign logo along the highway yet other businesses have signs facing the highway. Jentz noted those other businesses were part of the hospital PUD. Conrad said he wanted to address the comment made by Mr. Hausen regarding the need for a left --turn signal at the intersection. of Northridge Drive and Highway 93 North. MDT is already planning to install left -turn signals at that Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 6 of 10 intersection by this summer. ROLL CALL - ORIGINAL The motion passed, as amended, on a roll call vote of 5 in MOTI[iN favor and 1 opposed. KALISPELL WEST GROWTH A request by the city of Kalispell to amend the Kalispell POLICY AMENDMENT Growth. Policy 2020 by generally expanding the boundaries of the Growth Policy map vest using Church Drive as the northern boundary, Two Mile Drive as the southern boundary, Farm to Market Road as the western boundary and using the existing city limit e bboundary and the Stillwater River as the eastern bvuizdargea:rare:<<b=bb. The Grow Policy amen. :e as s intended to give n. broad policy direction to growth"in t aarea should property owners wish to ann. =-eto"the city. a=e as' e policy anticipates the extension of urbane ervices includp��4oe ewer and water into this area over t and i designed to ° gi dance to this associated grd*ft _ STAFF REPORT I G`rP -C39-0 I Torn Jentz, represer the Kalispell Planning Department reviewW staff report K� ►.�-09-01 for the board. m�xa d . apeg opr �� . Jentz re i6 bb ,the histo DaAeeec€ 6e is amendment and public pp - n� eetings? cluptl affi Ra plarng board work sessions, west .a�=a mil ea=-jea a. Valleyonty@NDouse rneetings, and meetings e b _ a eueth theW, Valley ab, Band Riverdale Land Use Advisory -= grnittees, Rye Vest Valley School Board, large property ers In the area and the gravel industry. en aareae planning process has been generally well - _ - received. web oin.ted out this plan has no affect on property p p p p ty Ie s who may want to develop their land and choose not _ to amwX into the city. Those owners would then work with a a Flatead County. If however they choose to annex into Kalispell this would be the guiding document. Jentz continued during the meetings and work sessions, staff received 3 comments: what happens around gravel pits? Jentz said the gravel industry will for all practical purposes not come into the city and cannot be forcibly annexed into the city. There would however be a buffer around the gravel pitswhich is described in the growth policy amendment. Secondly, an issue came up that we missed some of the gravel pits on our map which will be added into our inventory. And finally, the board received copies of a petition that indicates that if Rose Crossing is extended in the future it should not connect with Rhodes Draw through their subdivision. Jentz said therefore 2 amendments should be considered by Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 7 of 10 the board.; to modify the Growth. Policy Map by adding the known gravel pits and secondly to Show the extension of Rose Crossing westerly to West valley Drive as a solid line With. an array pointing westerly to Farm to Market Road denoting the extension of Rase Crossing but not specifying a specific alignment. Staff recommends that the Kalispell City Planning Board and Zoning Commission take public comment, make any changes they feel appropriate and should, by resolution resolve to recommend the Kalispell West Growth. Policy Amendment to the City Council for final action and adoption. _ BOARD DISCUSSION None. APPLICANT/ CONSULTANT None. _ PUBLIC HEARING Marry Brown. � z)89 Church Drive ", according to thea. �%asap. ,pe description ofatig xa :gym en ?ent 1t state �� " "at Church Drive will be the northea A Pun aa�y of the grc� th policy. However the boundary does a b: follow Church Drive and in fact deviate,,�s and goes rigtce=a-a.rough his house and bisects the bx Count" ,- q�pr harvest V * p e d1v151on. Dent explained the location e nor adaX : oard and ` ba# 6 it would b e appropriate far ,.F the boarcp- to a,..,,the north ern boundary to follow the exact routs exfi urea #p �e. MOTION a:-1b r'k moved, and Hinchey seconded a motion to adopt l olution K 'A-.09--01 and recommend that the Kalispell a Growth blicy Amendment be forward to the City aApAr;aenmpye�. - tb al action and adoption. BOARDDI 't SSI®N . MDTION - I. SPITS ea = e mx Willi son moved and Hinchey seconded a motion to ROSE E CI ,C SSI rma==a amend the Kalispell West Growth Policy Amendment Map to EXTENSION - - include all known gravel pits as of this date; and to change g the future extension of Rose Crossing to shown, as a solid = line westerly to West valley Drive and adding an arrow pointing West that indicates the actual alignment for extension beyond West valley Drive is yet to be determined until development in the area occurs. ROLL CALL - GRAVEL ESL PITS The motion passed unanimously on a roll call vote. MOTION - CHURCH DRIVE Mull moved and Hinchey seconded a motion to amend the BOUNDARY Kalispell West Growth. Policy Amendment Map to follow the exact location of Church Drive for the northern boundary. BOARD DISCUSSION Schutt noted part of the reason they chase that boundary between West valley Drive and Farm to Market Road is they Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 8of10 were trying to avoid some of the issues they have had in the past where a road is built to County standards on one side of the road and to City standards including the road, curb, gutter, sidewalks, etc. when development occurs on the opposite side of the road. He added that is also the reason the west boundary was selected. Schutt asked the other board members if we are setting ourselves up for that same issue in the future. Jentz said this plan would not preclude the County side of a road from being developed as a City street. The growth policy reap will not impact thee ae.Ievel the road is built to if development occurs along the,f Jentz added the second reason why the boundary,,,o,..vas chosen is it is also the boundary for the Ialispee ' sportation Plan which was e-1 also the recomrnen.dati """by County Commissioners. In. addition it is also th 4�bo ndary ti6 - alispell's Public works ti the 'arks 6 xeation Master Plan. Facilities Plan ' s an and However, Jentz,.,-,.-,elt this, amendment* pa ds 4ppropnate and. _e2e . would clearly. -Id, the bundarry. F3inchey felt the ar ment was appropriate and Clark concurred. ROLL. CALL -� CHURCH The mo - a = a �,5ed on. a ri p call vote of 5 in favor and 1 P, DRIVE BOUNDARY opposed. ROLL CALL ORIGINAZ, d - %Nhe origin.alnr :otion, asdbgaamended, passed unanimously on a MOTION call vote. a OLD BUSINESS. NEW BUSII+�'F�� pRSN =a o pe zp aYrae°a=qab r =ed., ee �nrad aid: Jentz reviewed the ro' ects for the next P J � Ngpin g board meeting for the board. asuggested = Hulj a9 a that the pre --release center hearing be scheduled first on the agenda and tree other projects be = scheduled to start at 8:00 p.m. Jentz agreed the center should be first on the agenda but added there is a community meeting regarding the center on February 26th, = - at 7:00 p.m., located at 2282 US H*ghway 93 South. (the proposed location of the facility) . In addition, the business/property owners in this area have been contacted by the company to inform them of the facility and answer any questions, which has been very well -received. Jentz thought since the information on the center will have had a good deal of exposure before the public hearing it may not be necessary to schedule the other agenda sterns at 8:00 p.m.. ADJOURNMENT ENT The meeting adjourned at approximately 8:30 p.m. Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 9 of 10 BNSF (CORE) Immediately following the regular meeting a work session REDEVELOPMENT PLAN was held on the following item: 1. BNSF (Core) Revitalization Plan NEXT MEETING A work session of the Kalispell City Planning Board and Zoning Commission is scheduled for February 24, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 15t Avenue East in Kalispell. The tentative agenda will 6 include: 1. An update on the status of the proposed Pre -Release Center. 2. Hockaday Museum of ,4� �xt,--"'PUD ' 0 3. Kalispell City Zonin g, rdinance Update. The next regular axe.ae0hi o ea geee Kalispell City Planning on"I" �,,.scheduled for Tuesday, Board and Zoning, :00 March 10, 200 m. .1 1- the Kalispell City P. Council Chan c;4e d at 20 t avenue East M' Kalispell. Bryan H. Schutt President APPROVED ichellq,Anderson 11" �%ng Secretary Kalispell City Planning Board Minutes of the meeting of February 10, 2009 Page 10 of 10 Re: Cornerstone Community Church zone change and planned unit development (PUD) zoning overlay request Dear Nlyrt: The Kalispell City Planning Board met on February 10, 2009 and held a public hearing to consider a request by the Cornerstone Community Church to rezone a portion of their 3.9 acre property located at the northwest corner of the intersection of Northridge Drive and. Highway 93. The zone change includes changing the zoning on approximately 3 acres from. R--3 (Urban. Single Family Residential) to B--1 (Neighborhood Buffer District) to accommodate the location of a new bank. The remaining 0.9 acre of land owned by the church along Parkway Drive will remain R-3. The church is also requesting a planned unit development (PUD) overlay zoning district on the proposed B-1 portion of the property. The PUD request would permit a zero side yard building setback to accommodate a drive - through facility for the bank. The PUD also requests a bank and drive --through facility of up to 6,000 square feet and four drive -through lanes. The B-1 zone permits drive -through facilities with no more than two lanes and an associated bank of no more than 2,000 square feet in size. The final request in the PUD application is to reduce the rear yard, setback for the B-1 from. 20 feet down to 10 feet. The property is approximately 3.9 acres in size and can be legally described as lot IA, Kalispell Addition No. 15A located within Section 1, Township 28 North, Range 22 west P. M. M, Flathead County, Montana. Sean Conrad of the Kalispell Planning Department presented staff reports #KZC--09-01 and KPUD-08-03 evaluating the proposed project. Staff recommended the planning board recommend approving the zone change and planned unit development overlay zoning subject to the conditions listed in the staff report. During the public hearing portion of the meeting the pastor of the Cornerstone Community Church and their engineer, Doug Kauffman., of Thomas, Dean and Hoskins spoke in favor of the project. David Mitchell, of CTA Architects Engineers, representing Valley Bank also spoke in favor of the project. One neighboring property owner, Joel Hausen, spoke about his concerns with left turns at the intersection of Highway 93 and Northridge Drive. During the public hearing portion of the project some planning board members had concerns with the number of future parking spaces shown along the east side of the project site. with a narrow greenbelt in front of the parking area along the highway some planning board members were concerned about the visual affect a line of parked cars would have. Adjacent development across the highway was cited as it has a larger berm and landscaped area to buffer the parked cars from the highway. After hearing further testimony from the applicant the public hearing was closed. Further board discussion regarding the issue of parking along the eastern side of the project site took place. Additional landscaping was difficult to achieve on this site due to the existing church on the property and the need to provide adequate on -site parking. The planning board recommended adding condition # 11 that would prohibit bank parking in the easterly parking area, along Highway 93. In. addition signage is required that reads "Church Parking Only". The planning board members believe this would limit the excess parking along the highway during most of the week with the parking spaces used only during church functions and services. The recommended condition passed on a vote of 4- 2. The planning board then approved the main motion recommending approval of both the zone change and planned unit development subject to staffs conditions as amended. This motion passed on a vote of 5-1. Please schedule this matter for the March 2, 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-09-01 and KPUD-08-03 with application materials Draft minutes of the 2 J 10 f 09 planning board meeting Exhibit A - the planning board's recommended conditions of approval c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Cornerstone Community Church 1970 Highway 93 North Kalispell, MT 59901 Thomas, Dean & Hoskins, Inc. 3 5 'Three Mile Drive, Suite 101 Kalispell, NIT 59901 EXHIBIT A CONDI'T'IONS OF APPROVAL FOR THE CORNERSTONE COMMUNITY CHURCH PUD RECG=WN DED BY THE KALISPELL PLANNING BOARD F EBRUARY 10, 2009 CONDITIONS OF APPROVAL General Conditions: 1. The Planned Unit Development for Cornerstone Community Church allows the following deviations from the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum side yard setback in the B-1 zoning district) Allow a zero side yard setback. B. Kalispell Zoning Ordinance, Section 27.13.020(7) (Permitted uses within the B-1 zoning district) Allow four drive -through lanes with an associated bank of up to 9,000 square feet with a n wdmum footprint of 6,000 square feet. C. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20 feet) Allow a reduced rear yard setback from. 20 feet to 10 feet. 2. That the development of the site shall be in substantial compliance with the following plans, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council: • Exhibit B - zoning Diagram. • Exhibit D -- Site Plan. e Exhibit E - Cross Sections • Exhibit G -- Signage and Lighting Plan Note: Freestanding signs for the bank are prohibited. Bank signage shall be limited to wall signs on the north, south and west facing walls of the bank building. • Elevations for the bank 3. Prior to issuance of a building permit for the bank the developer shall submit a detailed landscape plan for the entire PUD site, with input from the Kalispell Architectural. Review Committee, to the Parks and Recreation Department for review and approval. The plan shall include the following elements: • "frees planted along Highway 93 shall be 30 feet on center and extend along the buffer areas along the parking lot serving the church and the bank building. Tree placements would still need to meet site distance requirements. • The land between the right-in/right-out driveways along Highway 93 shall include grass sod. Note: The Montana Department of Transportation must approve any landscaping within its right-of-way. • The garbage enclosure along the western PUD site boundary shall include a fence or wall on three sides and evergreen trees shall be planted to screen the west facing fence or wall. • Evergreen trees along the western zoning boundary of B--1 shall be a minimum of three feet in height at the time of planting. The approved landscaping plan shall be installed prior to issuance of a certificate of occupancy for the bank building. 4. All maintenance of landscaping along Highway 93 and Northridge Drive shall include landscaping on the property and within the adjacent right--of-ways to the back of curb or edge of pavement. S. Prior to issuance of a building permit the developer shall submit an overall storrnwater report which meets current city standards for the entire PUD development. The report shall be reviewed and approved by the Public works Department. The approved report shall be installed prior to issuance of a certificate of occupancy for the bank. 6. Prior to excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the state General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. 7. Prior to issuance of a building permit the applicant shall provide the planning department with a properly drawn legal instrument to be recorded with the County Clerk and Recorder, executed by the parties concerned for joint use of off-street parking facilities and approved as to form and manner of execution by the City Attorney. S. Permitted and conditional uses within. the B--1 zoning district shall be restricted to that portion of the property zoned B-1 to avoid encroachment of business uses on the land shown as remaining R-3 on Exhibit B of the application. 9. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved., together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. The development agreement shall be submitted with the building permit for the bank. 10. approval of the planned unit development (PUD) shall be valid for a period of two years from the date of approval with the possibility of a one --year extension to be granted by the city council. within this time, the developers shall obtain the necessary permits and approvals to complete the improvements as shown on the approved PUD site plan. 11. The 25 parking spaces, along Highway 93, between the highway and church shall be signed "Church Parking only" to prohibited bank parking on these spaces. The "Church Parking only" signs shall be installed prior to the issuance of a certificate of occupancy for the bank. The number of signs, their size and location shall be reviewed and approved by the planning department prior to installation. rage i oar i Michelle Anderson From: Joneva McCann Joneva@centurytel.netj Sent: Saturday, January 24, 2009 8:38 AM To: Planning Department Subject: Cornerstone church Zone change Gentlemen: We would be supportive of the proposed change to B-1 if it were to encompass the entire block. As the proposal now stands, the homes in the 500 block of Parkway Drive, East Side, will be the ONLY personal residences along a very long stretch of Highway 93. Prior development, including Hutton Ranch Plaza, north of this block has already made them undesirable as homes due to a very heavy (and loud) traffic load on Highway 93. My husband and I believe that either the entire block should be rezoned to B-1 or that none of it be rezoned. Commercial zoning of just a portion makes it very little sense and will make the remainder even less compatible with existing commercial development on the East side of Highway 93. Very truly yours, Joneva McCann 573 Parkway Drive 213/2009 Cornerstone Community Church REQUEST FOR ZONE CHANGE FROM R- 3 TO B-1 STAFF REPORT #KZC-09-1 REQUEST FOR A PLANNED UNIT DEVELOPMENT STAFF'' REPORT # -08-3 KALISPELL PLANNING DEPARTMENT FEBRUARY 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 a property located on. the 'west side of Highway 93 at the intersection. of Highway 93 and Northridge Drive. A public hearing has been scheduled before the planning board for February 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. Cornerstone Community Church 1970 Highway 93 North Kalispell, MT 59901 (406) 752--4088 Technical Assistance: Thomas, Dean & Hoskins, Inc. 35 Three Mile Drive, Suite 101 Kalispell, MT 59901 (406) 751-5246 B. Nature of the Request: The Cornerstone Community Church has requested a zone change from. R--3 (Urban. single Family Residential) to B- 1 (Neighborhood Buffer District) on the eastern two-thirds of their property to accommodate a future bank. The request also includes a Planned Unit Development (PUD) overlay zoning district for the approximate 3 acre, por+don ^f the property requested to be rezoned to B-� 1. The primary purpose of the PUD is to insure compatible development with the neighboring R--3 zoning to maintain neighborhood integrity. The property owner has requested several deviations as part of the PUD from the proposed B-1 zoning district. These deviations include reducing the side setback from 5 feet to zero, reducing the rear setback from 20 feet to 10 feet and permitting a bank which exceeds the maximum square footage and drive --through lanes under the B--1 zoning district. Currently, the B--1 zoning district permits drive -through facilities with no more than two' driving lanes and no larger than 2000 square feet. The 2000 square feet refers to the size of the building typically associated with drive -through banking. The church is requesting a bank be permitted on an approximately one acre site located at the intersection of Highway 93 and Northridge Drive. The bank would have no more than four drive -through lanes instead of two and have an associated bank building with a footprint not to exceed 5000 square feet. The building itself will be two stories between 8,000 and 9,000 square feet. The planning, board and council should also be aware that the planning department issued a waiver of preliminary plat letter to the church in July of 2008. The waiver letter provided the church preliminary approval to create a one acre lot at the intersection of Highway 93 and Northridge Drive to accommodate the bank and associated drive -through facility. The waiver of preliminary plat approval is subject to 12 conditions and city council's final approval. The waiver of preliminary plat does not have any bearing on the zone change and PUD request but is part of the larger development proposal of the project site. Location and Legal Description of Property: The property is located at the northwest corner of the intersection of highway 93 and Northridge Drive and can be legally described as Lot 1A, Kalispell Addition No. 15A in section 1, Township 23 North, Range 22 west, P.M.M. , Flathead County, Montana. The property is approximately 3.94 acres in. size. C. Existing Land Use and Zoning: The property is within the city limits, is zoned R--3, and has an existing church, Cornerstone Community Church, located on the northern portion of the property. The R-3, Urban single Family Residential, zoning district is a residential district to provide lot areas for urban development. The rninimum lot size in the R--3 zoning district is 7,000 square feet and all development in the district must be served by public utilities. D. Proposed Zoning: The B-1 zoning district allows certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. The minimum lot size for the district is 7,000 square feet and the rn:im*mum lot width is 60 feet. Setbacks in the front are 20 feet; in the rear 20 feet; and on the sides 5 feet. The PUD zoning overlay district functions in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which `VVL1.L Serve : to niot.i'u,�i +u '.ii�der iyii g zone. A 3ng "i i`i+"I LII o pti�un to modify the underlying zoning district the PUD is intended to preserve and enhance the integrity of the area. E. Adjacent Land Uses and Zoning: North: Single --family residential; R--3 zoning East: Commercial office and retail; Buffalo Commons PUD zoning South: Single-family residential and commercial; R-4 zoning West: Single --family residential; R--3 zoning F. General Land Use Character: The 3.9 acre project site is situated between Highway 93 on its eastern boundary and the Northridge Subdivision on its north and crest boundary. This section of Highway 93 is predominately commercial businesses including restaurants, car wash, mortuary, a hotel and professional offices. Just north of the project site are six residential lots which back up Highway 93. The residential development ends before the intersection of Highway 93 and Four Mile Drive, 0 G. Utilities and Public Services. Severer: City of Kalispell/On-site septic system. water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Telephone: Cen.turyTel Schools: School District #S Fire: Kalispell Fire Department Police: City of Kalispell EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND PROPOSED PUD OVERLAY 1. 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 Kalis ell Growth Polio . The eastern portion of the property is designated by the Kalispell Growth Policy 2020 as "Urban Mixed Use Area" which encourages the development of compact, centrally located services and employment areas that provide easy connections between existing commercial and residential neighborhoods. Section 7. d of chapter 4 of the growth policy also recommends creating a gradual transition into gn +-' udthe residential neighborhoods by .s�..fa�dly, aiothelL compatible uses as a transition tool with sensitivity to compatible design. The Kalispell zoning Ordinance, section 27.13.010, states the intent of the B-1 zoning district is to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. The B-1 district is intended to serve as a buffer between residential areas and other commercial districts. The B--1 zoning district is not intended for those businesses that require the outdoor display, sale and f or storage of merchandise, outdoor services or operations to accommodate large --scale commercial operations. The planned unit development (PUD) overlay zoning district is proposed to insure impacts to the neighboring residential development will be ruin; m i zed . The PUD also provides assurance to the neighborhood that if major modifications are made to the land under the PUD zoning, additional city council approval is required. The following goal and policy in the Kalispell Growth Policy provide for the protection of the existing residential neighborhood that the PUD is intended to do: 3 Chapter 4, Goal 7 Maintain the integrity of well -established residential areas by avoiding the encroachment of incompatible uses. Chapter 4 Poicy 7. e Avoid encroachment into established, intact residential areas. Based on the policies regarding Urban Mixed Use Areas in the Kalispell Growth Policy and the purpose of the B-1 zoning district and. PUD overlay zoning, the B-- i / PUD district is consistent with the growth policy and the current land use designation. The western portion of the project site is designated as Urban Residential. The current R-3 zoning for the property is consistent with this land use designation and is proposed to remain on the western portion of the property. 2. Is the re uested zone designed to lessen congestion in the streets? The uses allowed under the proposed B-1 may potentially generate more traffic than those alloyed under the existing R-3 zoning. However, with direct access onto Highway 93 and Highway 93 via Northridge Drive impacts to local streets to the west of the project site should be minimal. 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 the safety of the public. New construction will be required to be in compliance with the building safety 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 another building is constructed on the project site. T . `11 t is L e L L i es LLB' d z�'111e pro Le the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties. The B-1 zoning also provides a place for additional commercial uses in relatively close proximity to existing residential development in the community. 5. will the reguested zone provide for adecluate 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 reguested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for wed use development and since public water and sewer are available, the B-1 zoning designation is appropriate. The anticipated uses within the Urban Mixed Use designation in the E growth policy fall within those permitted and conditionally permitted in the proposed B-1 zoning designation. The PUD overlay zoning district requires site specific review of the project with major changes that would potentially increase the density of people on the property needing additional review by the planning department and city council. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is not the case. 7. will the reguested zone avoid undue concentration of people? Minimum lot standards and use standards will avoid the undue concentration of people at the time the property is developed. S. will the reguested zone facilitate the ade uate rovisa of transportation, water, sewerage, schools arks and other public re uirements? All public services and facilities are currently available or can be provided to the property. The Kalispell Growth Policy encourages new development in areas where these services are available especially crater and sewer services. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The land is fairly 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 B--1 zoning district and uses planned under the PUD zoning are consistent with the existing and anticipated land uses in the area. The proposed B--1 zoning district is proposed on the eastern portion of the property with the existing R--3 zoning to be maintained between the proposed B-1 and existing residential development further west. The proposed B-1 zoning would serve as a buffer between the highway noise, typically seen as an incompatible use when it is immediately adjacent to residential development, and the established residential development L LJLI%., s L■ 10. Does the reguested zone 've reasonable consideration to the character of the district? The general character of the area to the east and south is urban sized lots with commercial and professional office development. North and west of the project site are urban sized residential lots. The proposed zone change tapes into account the commercial nature along Highway 93 with the B--1 zoning district. The property owners have recognized the residential development to the west of the site and have therefore maintained the R--3 zoning district along the project site's western boundary. 11. will the proposed zone conserve the value of buildin s? Value of the buildings in the .area will be conserved because the B-1 zoning will promote compatible and like uses on this property as are found on other properties in the area. 5 12. Will the requested zone encourage the most appropriate use of the land throw hoot the munici all ? Urban scale commercial development should be encouraged in areas where services and facilities are available. The proposed zoning 1s consistent with the master plan and surrounding zoning in the area and will promote commercial development compatible with existing residential development in the area. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: The project site is 3.9 acres in size and is currently developed with a church. The church requested to subdivide their property in July of 200E and create an approximately one acre lot located at the corner of Northridge Drive and highway 93. The intent of the subdivision was to create a future lot to build a bank or some other type of professional office. To construct a bank or professional office the church was informed that a zone change was needed from the current R--3 zoning of the property to a business zoning district. In July of 2008 the planning department waived the preliminary plat requirements for the subdivision on the church property. The preliminary plat waiver was subject to 12 conditions with final plat approval still needed from the city council. Knowing the church's intent of the subdivision the planning department included the following on the preliminary plat waiver letter: .used on an earlier conversation with you it is my understanding that the intent of the subdivision is to accommodate a future bank or other professional office on the one acre site at the intersection of Highway 93 and Northridge Drive. The current .zoning on the property is R-3, Urban Single Family Residential, which does not permit banks or other professional offices. a future bank nr p r Jfess oval o 'na ,*:'Lay only obtain a building perrr� t on the one acre site if a zone change is approved by the city council to a .zoning district which permits or conditionally permits such uses. It is the planning department's recommendation that the church utilize an appropriate .zoning district in concert with a planned unit development overlay to best insure compatible development to maintain neighborhood integrity. Although the bank is requesting several deviations from the requested B--1 zoning district the main purpose of the PUD request is to insure future development is compatible with the existing residential development and to maintain neighborhood integrity. In order to allow the future bank, as proposed, on the site the owners are requesting two deviations or relaxations from the Kalispell Zoning Ordinance. The relaxations are as follows: 1. Kalispell Zoning Ordinance, Section 27,13.040 (3) (Minimum side yard setback in the B-1 zoning district) to allow a zero side yard setback. 2. Kalispell Zoning Ordinance, Section 27.13.020 (7) (Permitted uses within the B--1 zoning district) to allow four drive --through lanes with an associated bank. The bank building footprint would be up to 6000 square feet with the total bank size between. 8,000 and 9,000 square feet. The church is also requesting a deviation from the rear setback requirement in the B- 1 zoning district to reduce the setback from 20 feet down to 10 feet. This is intended to bring the existing church structure into compliance as it is located within 20 feet of the property's rear setback. Review of ARRlication 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 The PUD site plan provides assurance to the neighborhood of the design and type of uses that would be built at the intersection of Highway 93 and Northridge Drive. If major modifications are made to the land under the PUD zoning, additional city council approval is required. The following goal and policy in. the Kalispell Growth. Policy provide for the protection of the existing residential neighborhood that the PUD is intended to do: Chapter 4, Goal 7 Maintain the integrity of Drell --established residential areas by avoiding the encroachment of incompatible uses. Chapter 4 Polic 7. e Avoid encroachment into established, intact residential areas. The PUD site plan includes a path connection from the existing church to the bike path. along Highway 93. The proposed bank also provides a sideway connectiull to a future sidewalk to be constructed in conjunction with the bank along Northridge Drive. In addition, the proposed bank has been located to provide a significant landscape area between the bank and Highway 93. Landscaping and bermin.g is also proposed along Highway 93 to shield parking associated with the church. The landscaping will complement existing landscaping across Highway 93 in the Buffalo Commons PUD. These proposed design elements in the PUD site plan comply with the following goal and policy: Cha ter 8 Goal 2 Encourage design that is consistent with and contributes to the character of the area and that promotes safe and accessible pedestrian access and movement. Chapter 8, Polio 7 Encourage the design of new development to relate to significant features of the surrounding area and development of off street parking. h 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 As stated above the owners are requesting 3 relaxations in the zoning ordinance. Below are the 3 relaxations requested with planning staffs comments in italics. 1. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Mini -mum side yard setback in the B-1 zoning district) to allow a zero side yard setback. The application states that the zero side yard setback is proposed to improve the drive -through aisle and provide adequate access to the drive --through along the north side of the bank structure. The setback is between the two proposed lots within the development and will have no detrimental effect on any adjoining properties. The application also notes that the zero setback also provides a more economic use of space and mass. The planning department agrees that a zero setback from an interior lot line within the development will not have any detrimental effect on adjoining properties. This deviation allows flexibility on the developers with regards to bank location. 2. Kalispell zoning Ordinance, section 27.13.020(7) (Permitted uses within. the B-- 1 zoning district) to allow four drive --through lanes with an associated bank. The bank building footprint would be up to 6000 square feet with the total bank size between 8,000 and 9,000 square feet. The application states that this departure is predicated on the existing adjacent PUD (Buffalo Commons) across the highway from this site. The application further points out that by developing the property as a PUD it guarantees neighboring residents of the area a clean two building layout plan will be constructed. Major changes to the plan are not permitted except with city council approval. During the planning board's January 27thwork session on this project the owner's representative stated that although the PUD request would allow a larger bank building, development standards in the B-1 would allow multiple lots at 60 feet in width on the project site. On each of these lots a building, an office or retail building up to 3,000 square feet, could be constructed creating a small strip mall in excess of 9,000 square feet which can be found across the highway. The PUD, by permitting one 6,000 square foot building, will enhance the intersection because of an integrated design and landscaping plan and avoid an additional strip mall on the west side of the highway. The planning department would agree that by permitting this deviation to allow a larger bank and two additional drive -through facilities it will provide a single building at this prominent intersection. However, to be consistent with sign restrictions on surrounding PUD developments in the immediate area and along the Highway 93 North corridor the planning department recommends the following sign restrictions for the bank: 0 0 Freestanding signs for the bank are prohibited. Bank signage shall be limited to wall signs on the north, south and west facing marts of the bank building. 3. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20 feet) to allow a reduced rear yard setback from 20 feet to 10 feet. The church has requested this deviation to bring the existing church building on the property into compliance with its existing setback, at approximately 15 feet from the rear property boundary. The planning department is currently reviewing and updating the zoning ordinance for the entire city and intends to begin in-depth discussions on this update with the planning board in the coming months. One of the department's recommendations will be to reduce the rear yard setback for the B-1 zoning district from 20 feet doom to 10 feet. The church had applied for a 15 foot setback and, if granted, may have limited the church's ability to expand or renovate the church in the future if the B-1 zoning district setback is reduced to 10 feet. Therefore, the church amended their application to request the 10 foot setback. The requested deviations are considered to be in the public's interest because it will provide additional infill commercial development which will not be detrimental to neighboring properties. Through the PUD process the residential neighborhood can be assured of what will be built at this prominent intersection. 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 pr op^sed PUD provL%..L%., a r.► i.[�� d �.o�i.�i R+. proptJL7a�. fo L �itr ear] [+.et n tT.7V ^_ k..Li,J.3r. ds of L+I-%im 3.9 acre project site which incorporates the existing Cornerstone Community Church. The PUD plan proposes landscaping and open space varying between 12 feet to over 60 feet along Highway 93. The plan also shows a green belt along the western boundary between the B--1 and R--3 zoning districts. The green belt varies between S feet and 15 feet and is proposed to be planted with evergreen trees. This greenbelt is required under Section 27.22.050 of the Kalispell Zoning Ordinance when a business or "B" zoning district has a common boundary with a residential or "R" district as is the case with the bank property. The greenbelt along the western boundary also serves to shield car headlights from the bank drive --through and parking lot which would otherwise shine crest into the windows of neighboring homes. The PUD is self contained in that it does not connect to neighboring properties internally. This was encouraged because the planning department did not want additional business traffic using Parkway Drive as a means to access the future bank on the site. Vehicular traffic is now directed onto and off of Highway 93 and 11 Northridge Drive. The PUD plan provides for pedestrian connectivity to the adjacent bike/pedestrian path along Highway 93 by way of sidewalks and striping through the parking lot. A sidewalk is also proposed to the south and west of the bank. This sidewalk would serve the bank users and would connect to a future sidewalk along Northridge Drive to be constructed as part of a subdivision on the proj ect site. The combination of increased landscaping along the highway and construction of sidewalks within and adjacent to the PUD project would add to the walkabilty of the eastern edge of the Northridge neighborhood. The future bank would provide a service for the immediate neighborhood as well as the larger community within a building that is not out of scale with similar commercial buildings in the immediate area. 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 As discussed above the PUD plan includes open space along Highway 93 and the western boundary of the proposed B-1 and existing R--3 zoning districts. Exhibit E provides cross sections of the parking lots with the associated landscaping. The open space along Highway 93 will include a combination of 3 to 4 foot high landscaped earth berm with trees planted approximately 30 feet on center. The zoning district boundary between the proposed B--1 and R-3 zoning districts includes a vegetative screen of evergreen trees of the arborvitae variety. The trees will be planted in a grid pattern within the open space. This vegetative screen will provide a visual buffer for residential homes to the west of the site and help to shield car headlights. For consistency with the existing landscape buffer across the highway from the project site the planning department is recommending the following additions be incl:.�ded in the final landscape plan. - Trees planted along Highway 93 shall be 30 feet on center and extend along buffer areas along the parking lot serving the church and the bank building. Tree placements would still need to meet site distance requirements. • The land between the right-in./right-out driveways along Highway 93 shall include grass sod with ultimate approval provided by the Montana Department of Transportation. All maintenance of landscaping along Highway 93 and Northridge Drive shall include landscaping on the property and within the adjacent right -of ways to the back of curb or edge of pavement. The maintenance provision in the proposed CC&R's includes maintaining landscaping out to the back of the curb. Planning staff is still, recommending this maintenance provision be part of the PUD approval to insure future property 10 owners are aware of and comply with the landscaping maintenance in the adjacent right--of-way. The planning department also recommends the garbage enclosure along the western PUD site boundary include a fence or wall on three sides (north, south, and west) and the proposed evergreen trees planted to screen the merest facing fence or wall. Section. 27.26.030(6) of the Kalispell Zoning Ordinance requires a minimum of 5% of the total interior parking lot area be landscaped. The PUD site plan, Exhibit D, provides a breakdown of the square footage of paved surface and the square footage of landscaping. Exhibit D shows lot 1, the location of the existing church, will include a paved area of 29,595 square feet and 4,600 square feet of landscaping comprising 15% of the total paved area on the lot. Lot 2, the future bank location, will include 20,586 square feet of paved area with 4,200 square feet of landscaping comprising just over 20% of the paved area on lot 2. Therefore, under the proposed PUD plan each of the lots includes a landscaping plan which far exceeds the minimum. amount required under the zoning ordinance. Exhibit K. Declaration of Covenants, Conditions and Restrictions (CC&R's), for the project includes a maintenance provision for the landscaping and buffer areas of the PUD project site. Section 10 of Article VI of the CC&R's states the maintenance of the landscaping extends from the property boundary to the back of curb. This provides a uniform appearance from the building or parking lot to the edge of the adjoining roadway and is consistent with the landscaping maintenance businesses due east of this site. The amount of open space and landscaping is adequate given the commercial nature of the site and lack of any residential development. with the recommended conditions from the planning staff for increases in landscaping the open space and landscaping would be adequate for the proposed uses on the property. 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 City water and sewer lines are located within the Northridge Drive right -of -moray. The existing church is currently sewed by city crater but uses an on --site septic system. The church may continue to use this system until it needs replacing. At that time county regulations may require the church to hook up to city sewer. The new bank building will hoof up to both the water and sewer main lines along Northridge Drive. There are no storm sewer lines in the area of the project. The owners have proposed retaining stormwater on -site using a series of rain gardens. The rain gardens will include local species of drought resistant foliage. Prior to issuance of a building permit the developer will need to submit an overall stormwater plan for 11 the entire development to be reviewed and approved by the Public works D ep arrtment. B. Control over vehicular tragic The existing access points for the 3.9 acre tract of land include one driveway off of Northridge Drive and one driveway off of Highway 93. The driveway off of Highway 93 is unrestricted so that traffic may enter or exit crossing either north bound or south bound lanes. The proposed PUD site plan includes eliminating the existing driveway onto Highway 93 and replacing it with a designated right- in/right-out driveway further south, closer to the intersection of Highway 93 and Northridge Drive. The church has contacted the Montana Department of Transportation (MDT) and received a permit to install the right--inf right -out driveway at the location shown on the site plan. The driveway off of Northridge Drive will be widened to accommodate two --way traffic to serve both the church and future bank. During the planning board work session concerns were raised regarding the internal traffic flow on the site with respect to the four bank drive --through lanes. The bank had proposed a one -gray access on the east side of the bank off of Northridge Drive to serve the drive -- through lanes. This was removed from the site plan because of safety concerns with placing an access driveway so close to the intersection of Highway 93 and Northridge Drive. There should be limited traffic problems on the site however, since the church traffic will generally take place during evening or weekends when the bank is closed. The intersection of Highway 93 and Northridge Drive will experience some increase in traffic due to the bank locating there. However, MDT is expected to install left turn signals at the intersection to allow north 'bound traffic a protected left turn movement onto Northridge Drive. Northridge Drive will experience an increase in traffic but this will most likely occur within the first 200 feet of the intersection of Highway 93 and Northridge Drive as users of the bank enter and exit onto Northridge Drive. Parking will be shared between the bank and church properties. A total of 71 parking spaces are needed for the church based on a requirement of one parking space per 40 square feet in the main assembly area. The PUD site plan, Exhibit D, indicates the bank will need 19 parking spaces. Due to the off -hour times each of the buildings will use the bank and church are able to have a joint use of the parking lots on each of their properties. section 27.26.040(4) (c) of the Kalispell Zoning Ordinance requires the following for joint use of a parking lot: 1. The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and 2. The applicant shall present to the Zoning Administrator a properly drawn legal instrument to be recorded with the County Clerk and Recorder, executed by the parties concerned for joint use of off-street parking facilities and approved as to form and manner of execution by the City Attorney; such instrument to be filed with the Zoning Administrator. 12 Because one of the buildings is a church there will not be a substantial conflict in operating hours with the bank. The second condition will be required to be recorded prior to issuance of a building permit for the bank. The proposed number of parking spaces are sufficient for both the church and the bank. However, if the church or bank were to ever expand or one or the other was to change its use, the number of off-street parking spaces may be an issue. This issue may limit or prohibit certain uses normally permitted under the B-1 zoning district. C. Visual enjoyment The existing church is not planning any major renovations to the building. The paved parking lot serving the church will include landscaping consisting of a berm, trees and grass. Elevations of the new bank building included with the application packet show the bank building with a pitched roof, large windows on the north and south elevations with half the east facing wall using windows to take advantage of the views. stone will also be used for the outside construction of the building. In addition, the bank will have a landscape berm and large landscape area between the east facing wall of the bank building and Highway 93. Currently, the property is developed with the church and a parking lot. Grass makes up the remainder of the site. With development of the site the buildings and accompanying landscaping will help bring this site into the developed urban fabric of this area finishing the last undeveloped corner at the intersection of Highway 93 and. Northridge Drive. D. Recreation The proposed PUD includes a church and future bank site. No residential development is included in the PUD request and therefore no parkland is required. The exiting church does have a small playground just north of the church building and a city park, Northridge Park, is located approximately 300 feet to the west. 6. The relationship, beneficial or adverse, of the FUD 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 B-1 would permit a bank to locate on a one acre portion of the 3.9 acre property. The northern portion of the property is already developed with a church which has been there for several decades. Further development of the eastern portion of the lot will establish an office use with standard daytime operating hours and limited weekend hours at a busy intersection. access to the site has been restricted to Highway 93 and Northridge Drive to reduce the potential for commercial related traffic to disrupt local residential streets in the area. Therefore, no substantial impacts to neighboring residential lots are anticipated. To help screen potentially incompatible uses the zoning ordinance requires a 13 greenbelt when a business "B" zoning district has a common boundary with a residential "R" zoning district. The zoning ordinance states that if a hedge is used as a screen instead of a fence the hedge shall obtain a height of at least six feet at maturity. The PUD site plan includes a dense planting of Emerald Green arborvitae along the majority of the boundary of the proposed B-1 and R--3 zoning district. Emerald Green arborvitae have a mature height of 8--12 feet. This will help screen the drive -through aisles and associated parking lot for the bank and church from neighboring residential development in accordance with the ordinance code. The majority of residences adjacent to the church already have some type of fence and the planning department is not recommending additional screening along this zoning boundary due to the residential nature churches generally have and the fact that the church has been at this location for several decades or more. As part of the PUD zoning the property owners are also requesting approximately 3 acres of their 3.9 acre property be rezoned from R-3 (Single Family Residential) to B-1 (Neighborhood Buffer District). If a portion of the property is rezoned to B- 1 the property will have two zoning districts on it, the new B-1 and the exiting R-3 along Parkway Drive. The Kalispell zoning ordinance, section. 27.22.100, states that uses for lots with two zoning districts defer to the least restricted zoning district. This least restrictive zoning district is then considered to extend over the entire lot. Here the B-1 zoning district would be the least restrictive and under this section would extend west over to Parkway Drive. The intent of the proposed PUD is to maintain the neighborhood integrity by restricting the use and scale of businesses built on the property. Allowing the B-1 to extend over to Parkway Drive defeats the purpose of the PUD, and the owner's intent on maintaining the R-3 zoning district on the western portion of the property. Therefore, planning staff is recommending a condition which would restrict the B--1 uses to just that portion of the property zoned B- 1 to avoid encroachment of business uses on the land shown as remaining R-3 on Exhibit B of the application. 7, In the case of a plan which proposes development over a period of years, the sufficiency of the teams and conditions proposed to protect and maintain the integrity of the PUD The PUD application states that no phasing is planned for the project and a proposed final project completion date of December 2011 is anticipated. Evers though the development is anticipated to be completed in two years 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 prohibits developers from sitting on land for several years to decades before starting their approved project. The time frame also provides the adjacent public assurance of ghat is anticipated on the site. The recommended time frame would be two years from the date of approval for the PUD with a possible one year extension to be granted by the city council. 14 Part of the requirements of PUD is that the developer would enter into an agreement with the City of Kalispell to adequately insure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed landscaping are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior to issuing a building permit for the bank. 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. RECONMWNDATIONS Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings M* Staff Report #KZC--09--1 and recommend to the Kalispell City Council that the zoning for approximately 3 acres of the property be changed to B--1, Neighborhood Buffer District. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD--08--3 as findings of fact and recommend to the Kalispell City Council that the PUD for Cornerstone Community Church be approved subject to the conditions listed below: General Conditions: 1. The Planned Unit Development for Cornerstone Community Church allows the following deviations from the Kalispell Zoning ordinance: A. Kalispell Zoning ordinance, section 27.13.040 (3) (Minimum side yard setback in the B--1 zoning district) Allow a. Zero side yard setback. B. Kalispell Zoning Ordinance, Section 27.13.020(7) (Permitted uses within the B-1 zoning district) Allow four drive -through lanes with an associated bank of up to 9,000 square feet with a maximum footprint of 6,000 square feet. C. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20 feet) Allow a reduced rear yard setback from 20 feet to 10 feet. 2. That the development of the site shall be in substantial compliance with the following plans, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council: * Exhibit B -- Zoning Diagram 15 • Exhibit D -- Site Plan ® Exhibit E --- Cross Sections ® Exhibit G - Signage and Lighting Plan Note: Freestanding signs for the bank are prohibited. Bank signage shall be limited to gall signs on the north, south and west facing walls of the bank building. • Elevations for the bank 3. Prior to issuance of a building permit for the bank the developer shall submit a detailed landscape plan for the entire PUD site, with input from the Kalispell Architectural Review Committee, to the Parks and Recreation Department for review and approval. The plan shall include the following elements: 0 Trees planted along Highway 93 shall be 30 feet on center and extend along the buffer areas along the parking lot serving the church and the bank building. Tree placements would still need to meet site distance requirements. 0 The land between the right --in j right -out driveways along Highway 93 shall include grass sod. Note: The Montana Department of Transportation must approve any landscaping within its right-of-way. 0 The garbage enclosure along the western PUD site boundary shall include a fence or oral on three sides and evergreen trees shall be planted to screen the west facing fence or ,wall. * Evergreen trees along the western zoning boundary of B-1 shall be a minimum of three feet in height at the time of planting. The approved landscaping plan shall be installed prior to issuance of a certificate of occupancy for the bank building. 4. All maintenance of landscaping along Highway 93 and Northridge Drive shall include landscaping on the property and within the adjacent rightw-of ways to the back of curb or edge of pavement. 5. Prior to issuance of a building permit the developer shall submit an overall stormwater report which meets current city standards for the entire PUD development. The report shall be reviewed and approved by the Public Works Department. The approved report shall be installed prior to issuance of a certificate of occupancy for the bank. 6. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public works Department. In accordance with. ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. 16 7. Prior to issuance of a building permit the applicant shall provide the planning department with a properly drawn legal instrument to be recorded with the County Clerk and Recorder, executed by the parties concerned for joint use of off- street parking facilities and approved as to form and manner of execution by the City Attorney. S. Permitted and conditional uses within the B- I. zoning district shall be restricted to that portion of the property zoned B-1 to avoid encroachment of business uses on the land shown as remaining R-3 on Exhibit B of the application. 9. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. The development agreement shall be submitted with the building permit for the bank. 10. Approval of the planned unit development (PUD) shall be valid for a period of two years from the date of approval with the possibility of a one-year extension to be granted by the city council. Within this time, the developers shall obtain the necessary permits and approvals to complete the improvements as shown on the approved PUD site plan. 17