Loading...
Planning Board Minutes - June 10, 2008KALISPELL CITY PLANNING BOARD & ZONING COBEWSSION hUNUTES OF REGULAR MEETING JUNE 10, 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, Rick Hull, C.M. Clark, Richard Griffin and Troy Mendius. Jim Williamson and John Hinch.ey were absent. Toni Jentz and Sean Conrad represented the Kalispell Planning Department. There were approximately 15 people in the audience. INTRODUCTION OF NEW President Schutt welcomed new member Richard Griffin. to MEMBER the board. ELECTION OF OFFICERS - Clary moved and Griffin seconded a motion to re-elect Bryan PRESIDENT Schutt as President of the Kalispell City Planning Board Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. ELECTION OF OFFICERS -- Clary moved and griffin seconded a motion to re-elect John VICE PRESIDENT Hinchey as Vice President of the Kalispell City Planning Board 8v Zoning Commission. ROLL CALL. The motion passed unanimously on a roll call vote. APPROVAL OF M1NUTES Clark moved and Men.dius seconded a motion to approve the minutes of the May 13, 2008 Kalispell City Planning Board meeting. ROLL CALL The emotion passed unanimously on a roll call. vote. PUBLIC CO1"KENT Mayre Flowers, Citizens for a Better Flathead stated they have provided detailed written comments on the Planned Unit Development amendments and she is disappointed with the draft recommendations proposed. She feels the city is missing an important opportunity to improve the process by not considering the examples they provided from other c ommunities . 'The PU D regulations before the board tonight ask the applicant to outline where they comply with the subdivision regulations and where they don't and in order for the board to know that they need essentially the information that would be a part of a subdivision packet which has been recommended for exclusion from the regulations. Flowers stated that Citizens for a Better Flathead does not support removal of that requirement and she asked the board to give the amendments more serious thought before forwarding them on to the city council. CONDITIONAL USE PERMIT A request from the Flathead Valley Chemical Dependency - FLATHEAD VALLEY Clinic for a Conditional Use Permit to locate a women.'s CHEMICAL D.Ew DENCY recovery facility within an existin sin a family home. The Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page I of 12 CLINIC - WOM EN' S clinic will house a maximum of 8 women with one to two RECOVERY FACILITY staff members present 12 to 15 hours of each day, seven days a week. when staff is not present the house will be monitored on a closed security system accessed by computer. The house is located at 87 Northern Lights Boulevard and the property is zoned R-3 (Urban Single - Family Residential) which requires a conditional use permit for the proposed use within the district. STAFF REPORT KCU-08-01 Sean Conrad, representing the Kalispell City Planning Department reviewed staff report KCU-08-01 for the board. Conrad stated the Flathead Valley Chemical Dependency Clinic is requesting to be allowed to operate a women's recovery home that would serve up to 8 women at a time in a single family residential setting. The goal of the recovery home is to bring in women who need a helping hand to get a fresh start in life. There will be staff at this home, not on. a 24 hour basis but between the hours of 8:00 a.m.. and 9:00 p.m. They are not proposing any modifications to the outside of the home and it will still appear as a single family residence. They are, however, doing some interior remodeling that would convert the garage into additional bedrooms and a small kitchen facility. Staff recommends that the Kalispell, City Planning g Board and Zoning Commission adopt staff report KCU-08--01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved sub. ect to the 4 conditions listed in the staff report. Conrad reminded the board that state law is very specific in that these types of uses fall under a residential status and because of that no conditions may be placed on the use permit that would not otherwise apply to residences in general. Conrad reviewed the conditions for the board. The use permit for this facility can not be denied by the planning board or city council and the public hearing is intended as a forum for information and to allover public comment. ment. Griffin asked if the kitchen would be classified as a commercial kitchen and Conrad said no it would be for residential use and would not be subject to state health inspections. Conrad added however depending on the extent of the remodeling they would need to apply for a building permit through the city. PUBLIC HEARING Steve Menett, 31 Northern Lights Boulevard asked for clarification because he was surprised to near that the permit cannot be denied. Conrad said that is correct and Schutt added it is a state law. Menett said there seems to be one reason and one reason only to choose this house and that is Kalispell City Planning Board Minutes of the meeting of June I o, 2008 Page 2 of 12 because it is close to, the CDC Clinic which makes it convenient for staff. He thinks it was very poorly thought out and will negatively affect the property value of the neighboring homes. Menett added therefore they are all hoping to get a reduction of their property taxes. Secondly, Menett continued putting S women into a small home will create a stressful situation and binder their recovery. He also noted there is an apartment complex nearby where drug use is common. Clark asked staff, if this is a state law why is it before the board? Conrad said it is brought before the board and the council as a way to inform the public of ghat is happening in their neighborhood. Jentz further added the board is also limited to conditions that could be placed on a single family home which could include fencing, parking, and hours of outdoor activity. If they fail to be a good neighbor, the neighbors will contact the police and the licensing agency. Griffin said although the city automatically approves these requests does it assume any additional liability regarding activities that take place in or about the facility and Conrad w said no. Jackie Whittaker, 89 Northern Lights Boulevard stated that she and her kids, ages 11 and 12 live right next door. This facility has a deck above theirs and the residents will be able to see everything that they do in their home. Whittaker asked about Megan's Law and added women can be sex offenders too. She thins they should have done more research to choose the location more wisely. She is also concerned that there are kids all over the neighborhood and at the park and the residents of this facility will be outside smoking. Also they will be unsupervised after 9:00 p.m. and she doubts the security system will be very effective. Whittaker said she is speaking in the best interest of her kids and she really hopes the board can do something for the residents in the neighborhood. APPLICANT/ CONSULTANT Michael Cur mi n s, Executive Director of the Flathead valley Chemical Dependency Clinic, 312 North Meridian Road stated he has been the executive director for 16 years so he has a long track record with the agency and the community. This facility will be the only women's facility of the new facilities approved by the legislature. Cummins noted it is important to point out that this is not an incarceration facility and these women are not under the mandate of the Department of Corrections it is a voluntary program where they will be screened and apply to participate in the program.. The women will be in treatment at their out -patient clinic which is 3 blocks from this proposed facility and he noted it was an ideal location for both the staff and residents of the facility. It is also within walking distance of other amenities necess to Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 3of12 run a household. Cummins said there will not be 24 hour staff but there will be a 9:00 or 10:00 p.m:. curfew. The house will have 24 hour camera surveillance. The monitors are simply to aff rrn that and the resident will be accountable for adhering to the rules of the facility. Cummins stated they are sensitive to neighborhood concerns noting they had a neighborhood meeting a couple weeks ago and an open house to invite neighbors over to express their concerns. He is accessible to the neighborhood if they have any concerns or if problems arise. The staff has already been hired and they have completed their training in Billings and Helena. All of the women will be paying $12.00 per day in rent and as soon as they complete their out --patient treatment will need to find a job. Cummins added the women are not incarcerated they will be able to come and go throughout the day to work, to the clinic, shopping, etc. He added the whole focus of this program is to return the residents to useful, productive citizens. He assured the neighbors that they will not accept violent or sexual offenders and added these women are mothers, sisters, aunts, and even grandmothers that is why they wanted to place them in a good neighborhood. This facility will provide structure, an opportunity for their treatment to take hold, assistance with GED's, get training skills and some time to adjust to the workset. Hull asked where will these women come from and Curn m; n s said they will come from a variety of areas. Hull asked Cummins to describe this video surveillance system. and Cunun ins reviewed it for the board and noted there will not be staff monitoring the camera 24 hours a day however, when an alarm goes off it will be checked out. Hull asked additional questions on the number of cameras and how long it will take to repair a camera if it was disabled. Clark asked Lf the doors are being monitored does that meant ea they can go out and smoke and Cummins said no after curfew the women cannot leave the house at all. Schutt asked Mr. Cummins to describe the day -to --day routine of this facility and Cumrri_n s responded. GHffiin asked about costs for maintenance of the house and property and Cummins r, s said the entire facility is funded by a grant from the legislature with the exception of the purchase of the house. 'There is also an operational budget included that would cover the yearly cost of the staff, mortgage, utilities etc. Cummins added the facility will always loop sharp noting they are trying to set a standard for these women to ascribe Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 4 of 12 to. He said the women will all be involved in the chores of the household both inside and outside the facility. Mendius asked what would be the common term of residency and if they would be allowed to have vehicles. Cummins said their projection of residency is 9 months and he added if they were to have vehicles it would be in the last 3 months of their residency however, he doubted that all S would ever be in the last phase at the same time. Clark asked how does the CDC respond to the fact that the neighborhood is against this facility being located here and Cummins noted none of the people who attended the open house were in favor of the facility but they tried to explain as honestly and the best they could their plans. Again CUMMMS said these people who will reside at this facility are our neighbors, aunts, sisters, mothers, and in some cases our grandmothers. They have guidelines that they have to follow in terms of good and bad and they will be in this facility as a privilege so we think there will be some motivation to try and do well. Cummins added that he would personally be more concerned about the people, who are not in treatment and should be, who live in our neighborhoods now. PUBLIC HEARING Ray Beale, 90 Northern Lights Boulevard said with all of the CONTINUED maximum security they are talking about they are anticipating problems. He agrees there is a problem in this community but everyone in this neighborhood who attended the open house was against this facility. He asked the board to look around their neighborhood and ask themselves if they would like to have this facility in their neighborhood. Doris Rost stated she owns the house at 85 Northern Lights Boulevard and she is concerned about her tenants who live there. She wants to state for the record that she is against the facility in this location. She listed her concerns as the time it would take to respond to a problem, the children in the neighborhood and who use the park and tennis courts, and that there would not be staff supervision 24 hours a day. She said her son, who also owns the property at 85 Northern Lights Boulevard is in the medical field in Seattle and he works with addicts every day. She added he is also concerned with a facility located in their neighborhood. Randy Moore stated he owns the home at 89 Northern Lights Boulevard, which is right next door. Moore asked if conditions can be applied to the conditional use permit and Schutt said this board is alloyed to add conditions if they are primarily of a residential nature. Moore said he believes in the need but noted his concerns with the choice of location, the need for fencing or screening, the influence on children with residents smoking and swearing in the yard, parking, the decrease in his property values and the inability to rent his property when he has to disclose to potential renters that the facili is there. Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 5 of 12 Moore doesn't think there was enough research in the choice of location for this facility. Doc Harkins stated he is a member of the Chemical Dependency Board. He noted this was a difficult job for this board and he has asked himself, how would he feel if this was in his neighborhood? They chose this house because it was the house they could afford that had the square footage that was needed. He said they feel very fortunate to be given the resources for this type of facility for this community. Harkins said he understands the frustrations of the neighbors but they don't really understand they are trying to provide a place for young women who are tying to recover from drugs and alcohol and provide them with an atmosphere where they can do that as easily as possible and by removing a lot of the obstacles that get in the way of recovery. Harkins said he wishes there would be a forum he could go to that would take care of the problems in his neighborhood and added there are problems in every neighborhood such as too much traffic or noise, barking dogs or anything that could rub someone the wrong way. They will screen the women who will participate in this program and added they are trying to help women who are sincere about becoming clean and sober and getting on with their lives, getting jobs, getting married, raising their kids, etc. Finally Harkins said the board would be happy to meet with the neighbors at any time. He also felt that after time everyone will have a better understanding and feeling about the facility. Jackie Whittaker asked how the facility could be handicap accessible since it is a split entry house. MOTION Hull moved and Schutt seconded a motion to adopt staff report KCU-08 -01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 4 conditions listed in the staff report. BOARD DISCUSSION Hull said there are group homes all over this city and in R some of the best neighborhoods. However this is the first group home that would not be providing 24 hour staff on site. People who use alcohol and drugs smoke a lot and he thought an area where they could smoke such as gazebo could be added. Griffin said he feels very uncomfortable because as he interprets the state law the board is obligated to recommend approval and basically discount the testimony in opposition. Schutt noted abstaining would be another option. Clark asked what h.app ens if they do not pass this permit Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 6 of 12 and Jentz said the board could unanimously recommend denial of the permit and it would then go forward onto city council for action. The board's job is to address the issues, package it and move it forward and the council would take final action. Jentz added there was concern about the need for screening and 24 hour supervision which the board could discuss and possibly add to the conditions. Clark said he didn't think screening would be the answer with a house that has more than one story because it would have to be too tall and could not meet the zoning requirements. dark suggested if they could move it along with the condition that they have 24 hour staff and Jentz said they could then city council would decide whether it was appropriate. MOTION TO AMEND dark moved and Mull seconded a motion to amend the original motion to include the requirement that supervisory staff be on -site 24 hours a day, 7 days a week. BOARD DISCUSSION Schutt asked if 24 hour staffing is a residential condition and Jentz was not certain but added for the purpose of the board's discussion tonight it would move the CUP forward and the council, through the city attorney, can make that decision. Hull stated CDC has, to a certain extent, betrayed this community by putting a group of women unsupervised overnight with a surveillance system that they can't even describe for maintaining security. Bull said, to hire, this is an important issue and puts the women also at risk. Griffin asked if it is possible or legal to add a condition that this CUP is reviewed after a certain period of time to see how it fits into the neighborhood and Conrad said within 6 months or a year, yes. Griffin said it is in the public's best interest to have 24 hour surveillance but questioned whether that would be stretching the conditions beyond a residential use. ROLL CALL ON The motion to amend the original motion to include the AlWENI7MENT requirement that supervisory staff be on -site 24 hours a day, days a week passed un aniw�ously on a roll ca.l. trote. FURTHER BOARD Schutt asked about fencing or screening and Conrad said as DISCUSSION Mr. Clark stated to be able to provide screening, especially with the height of the back deck the fence would have to be at least double the allowable height. Schutt had questions about parking and Conrad responded. Schutt said he understands the frustrations of the neighborhood because they have run into this before however, to get the law changed would be over his head. Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 7 of 12 Schutt continued he agrees that people who will be participating in this program at this facility will be much less trouble than other examples that could be cited. 'these are people who are trying to mare an effort, Schutt said, and he is always willing to give someone a chance. ROLL CALL The original motion, as amended passed on a roll call vote of 3 in favor and 2 abstentions. ANNEXATION & INITIAL A request from Randal Davis for annexation and initial ZONING -- RANDAL DAVIS zoning of R-3 (Urban. Single Family Residential) for one lot located on the north side of Shady Glen Drive approximately 300 feet east of the intersection of Shady Glen Drive and Woodland Park Drive. The property is approximately 11,000 square feet in size and is zoned in Flathead County as R--5 (Two --Family Residential) . The property address is 529 Shady Glen. Drive. STAFF REPORT IAA-08•-02 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KA-08-02 for the Board. Conrad said this is a request for annexation and initial zoning for a piece of property located on Shady Glen Drive, near woodland Park Drive and the Conrad Complex. Currently there is a house on the property that is under construction and the owner would like to hoof up to city sewer. The sewer lines would run from Woodland Park Drive down Shady Glen to serve this property. Staff is recommending the R-3 (Urban Single Family Residential) zoning be placed on the property wrhen annexed which will. comply with the Kalispell Growth Policy as well as the zoning in the surrounding neighborhood. Staff is recommending that the Kalispell City Planning Board and zoning Commission adopt staff report KA-08-02 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-3, Urban Single Fa i*ly Residential. BOARD DISCUSSION Hull asked if the property would be contiguous and Conrad Saki them would be one lot between this property and the city limits. Conrad reminded the board that they would make a recommendation to city council on the zoning only, not the annexation. Clark asked if Public works was notified of this application and Conrad said yes. Clark asked what their comments were with the property having a well and not being able to determine the water usage for the sewer connection. Conrad said Public Works already spore to Mr. Davis and he will be placing a meter on his well which will calculate his sewer rate. Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 8of12 Griffin asked for the allowable distance from a property to a fire hydrant and Conrad said it is 400 feet. Conrad added the fire marshal determined the distance to this property is less than 400 feet so the department agrees this property could be annexed into the city. Clark asked if they are extending a sewer main and Conrad said yes and explained. AGENCIES/APPLICANT Hull asked Mr. Davis his reason for annexation and Davis said he wanted to construct a garage on the property and having a drain field would not allow him the space needed for a garage. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Hull moved. and Clark seconded a motion to adopt staff report KA- 0 8 - 02 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-3, Urban Single Family Residential. BOARD DISCUSSION Hull noted that the house will be completed and then brought into the city and he asked what about impact fees and inspections. Jen.tz said the property owner wiH be required to pay impact fees and will pay for the sewer hookup but he did not address the inspections question. Griffin asked if there will be a sewer main running down to the corner of Lot 6 and. Conrad said that is correct. Griffin continued if other lots want to tie into that main in the future would they negotiate with the owner of Lot 6 for access or the city and Conrad said that would be a public line so they would be talking with the city, requesting annexation and approval to install a service line from the rnam. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: A request by the City of Kalispell for a text amendment to TEXT AMENDMENTS - update Chapter 27.21 of the Kalispell Zoning Ordinance PLANNED UNTO' veladng to planned unit dvr%eloprnents (113TD'S) , includm* g, DEVELOPMENT but not limited to, requiring a pre -application meeting, REGULATIONS - establishing a 2-tiered systemr. of PUD applications to KALISPELL ZONING accommodate the level of information provided in. phased REGULATIONS projects or projects that will be built out over a significant number of years, providing a definition of developable area and revising the application requirements, the abandonment requirements and the density provisions. MOTION TO REMOVE Hull moved and Clark seconded a motion to remove the PUD FROM TABLE Text Amendments from the table. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 9of12 BOARD DISCUSSION Jentz reviewed the changes that have been made to the proposed PUD amendments since the council work session was held. The board had the following questions: Schutt asked what happens as they go into the future and where is the accountability to adhere to the conditions of the PUD as owners change. Jentz said the PUD conditions, plans, and guidelines that are approved run with the property no matter who owns the property. Jentz further explained.. Griffin asked for a definition of conceptual storm water drainage plans and Jentz said Citizens suggested a specific storm water drainage plan be required and at the early stages of development no one has engineered storm water plans. Conceptual storm water plans would be proposed such as underground chambers that will collect the water or general locations of swales. Jentz noted however, projects have a way of evolving based on soil conditions, ground coverage and other issues which will change the preliminary design, sometimes significantly by final design. There was discussion regarding multi -phases and Schutt noted that he gets concerned with a development that is 10 - 2 0 years out. He sees the balance that staff is trying reach, but with Starling he asked ghat detail was included in the future phases. Jentz said with. Starling after the first 3 or 4 phases the design detail started to diminish. Jentz further explained the amount of detail that would be required for the future phases. He added what is proposed for a phased PUD in these amendments is - a bit more specific than what Bozeman requires. Hull asked for a definition of the "until the PUD agreement has been executed" and Jentz said when everything is approved and. the PUD agreement is signed by both the developer and the city. Jentz noted on page S there was a question on terminati ng a PUD and there was language that said within 90 days of notice which was confusing and was deleted. Jentz said we will notify developers if their PUD is about to expire and they will have 30 days to ask for an extension. Hull asked if the PUD expires would the underlying zoning go away and Jentz said the PUD portion disappears but the zoning remains on the property, Can Page 9 they defined developable and un-developable area which is used to figure out densities and where land can be developed. Jentz said while stream bank setback areas are now considered undevelopable staff is suggesting the developer should still be able to use that square footage as Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 10 of 12 part of their density allocation. Clark questioned this item because he thought 100 year floodplain was an area that could be developed. Jentz said in the current City of Kalispell Subdivision Regulations you cannot subdivide land that is in the floodplain. Jentz further explained. Schutt said so you can own a large swath of floodplain land but you cannot carve it up into ranchettes and Jentz said that is right. Schutt asked for further clarification on the developable and undevelopable areas and Jentz responded. Clark noted he had concerns regarding the densities being reduced and thought the public should have an opportunity to comment on those changes. Jentz responded that the original PUD density numbers were unrealistically high and staff brought them back to reality. He added the public and development community has been given various opportunities to comment on these amendments, including the adjustments to the densities and no comments were received. Jentz explained further. Since amendments were made by staff to the PUD regulations staff recommended the board make a new motion. MOTION Hull moved and dark seconded a motion to adopt staff, report KPUD- 07--04A as findings of fact and recommend to the Kalispell City Council that the amendments to the PUD regulations be approved as presented. BOARD DISCUSSION Hull said his concerns have been satisfied. Clark added after the explanation on the change in the densities he understands the densities were too high to begin with. ROLL CALL The motion passed unanimously on a roll call vote. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 9 : 2 0 p.m. WORK SESSION: Immediately following the regular meeting a work session was held on the fallowing items: 1. Entrance Corridor Standards Text Amendment 2. Kalispell West Growth Policy Amendment Due to the late hour the board ROStROned the work session until the next regIllar meeting of july $ 2008 NEXT MEETING The next regular :meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for July 8, 2008, at 7:00 p.m. in the new Kalispell City Council Chambers Kalispell City Planning Board Minutes of the meeting of June 10, 2008 Page 11 of 12 Bryan H. Schutt President located at 201 First Avenue East. A work session will be held immediately after the regular meeting -discussion items were pending at the time of this meeting. Michelle Anderson Recording Secretary APPROVED as submitted/corrected: / /08 Kalispell City planning Board Minutes of the meeting of June 10, 2008 Page 12 of 12