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Planning Board Minutes - March 14, 2006KALS E L CITY PLANNING BOA & ZONING C hMsSI N NWWTES OF REGULAR hMETING MARCH 1, 2006 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Conumss ox was called to order at 7:00 p.m. Board members present were: Timothy Norton, Bryan Schutt, John Bi.chey, Bob Albert, and Rick Bull.. George Taylor and Karl Gabriel were absent. Tom Dent , Seams. Conrad and P.J. Sorensen represented the Kalispell Planning Department Fred Lestiko, City Airport Manager represented the Kalispell City wort Affected Area Board. There were approximately 8 people in the audience. APPROVAL OF NMNU' ES Schutt roved and Bull seconded to approve the minutes of the February 14, 2006 regular planning board meeting, with the following amendment: "Hull noted that nearby Muskrat Slough holds water from the surrounding area which has flooded in the past during wet years. A dry was installed which seers to have taker care of the problems but he added the sloMh is closely momtored by the neighbors and they will not allow any -thing to be done to the area near the drain. Bull said that the slough has become a nice natural feature. The motion passed arn'mously on a roll call vote. HEAR THE PUBLIC Born Hines, Zoo Highway 93 South, and representing the Flathead County Planning Board noted that he warted to bring forth i f resat on that the Kalispell City Plarmmg Board may feel is pertinent to their growth discussions. Be noted that on the Co .ty's agenda last week there was a text amendment that was tabled on a. --3 vote. Hines added that they appreciated the concerns that were voiced by the City Planning Board members before and during the meeting. Hines said that the Flathead County Planning Board will be meeting with the Kalispell City Planning Board on March 22, from :00 p.m. to :00 p.m. to discuss groom issues mcluding the tir ehne for the Riverdale Text Amendment. In addition, they plan to discuss Cooper Farms located near the junction of Highway 93 and Highway 82. Bias noted that he was interested in the agenda items this evening and that he planned to stay and hear what is discussed. Hines said that although he will be gore for the next Kalispell City Planning Board meeting on April 11th, another representative of their board will be r� attendance. Norton said that the Kalispell City Planning Board appreciates the continued cooperation with the Flathead County Planning Beard on these projects. No one else wished to speak. Kalispell City Planning Board Minutes of the meeting of March 14, 2006 Page .REL, bUN,R ' PLAN` A. request by Paul and Mary Husted for rehm ar r plat RESUBIVIS oN of LOT 7A approval of a two lot subdivision caged the Re -subdivision of OF LOT 7 OF WESTERN Lot 7A of Lot 7 of Western Acres. The site 1s located at 1515 ACPJM Westem Drive in the southwestem comer of Kahs ell. STAFF REPORT KPP-06-01 Seam Conrad,, representing the Kal s e . Plan=gF Department presented Staff Report KPP-06 - 1. for the Board. Conrad rioted the current onm' g for this property and the surrounding properties. Currently the parking for the single family residence is provided by the detached garage, and the proper owner's park M the rear of the property off o Western Drive. The proposed. subdivision would divide the lot whereby the single family residence would be on proposed lot 2 and the detached garage would be on proposed. lot 1. Conrad noted that on page 4 of the staff report for compliance with the zoning regulations it would require that 2 off-street parking spaces be provided for a single family residence. Clearly if the subdivision is approved there is no off-street parking for the e sting residence. Condition #5 would reclu se the property owners to install not only a driveway but also 2 off-street parking spaces for the existing single family residence on proposed lot 2. Conrad said that currently 7th Avenue West is not built to city urban standards. He noted that Condition #2 would require the property owners to wive the right to protest creation of a SID should the city council require the upgrade of 7thAvenue Nest to city standards* Staff is recommending that the Planning Board adopt Staff Report KPP-0 -01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to 7 conditions, noted in the staff report. QUESTIONS BY THE Hull asked who owns Western Drive. Conrad noted that it is BOARD a private roadway and is privately maintained. APPLICANT/ AGENCIES Beau Mathiason, Montana Mapping, Inc. noted that he was available for questions. It athia..so . said that through the preliminary work there may have been an intent to tear down the existing garage but he doesn't show it mentioned in the conditions. Norton said that the board would ask staff. Norton asked if access is off of 7thAvenue West or Western Drive and. 1lathlason said access is off of Western Drive. FJ L C HEARING No one else wished to speak and the public hearing was closed.. MOTION ` Schutt moved. and Hinchey seconded a motion to adopt Staff Report K -o -01 as ndir gs of fact ara.d recommend to the Kalispell City Courts.l that the rel m n tat be approved Kalispell City Planning Board Minutes of the meeting of March 1, 2006 Page 2 of subject to 7 conditions, noted in the staff report. BOARD DISCUSSION Schutt asked for clarification on access. Conrad sa that access is from Western Drive to the detached garage, which wiR be on proposed lot 1. Condition #S would require that a driveway access and 2 parking spaces be provided on proposed lot 2 which has the existing single family residence on it. Conrad added that once they split it off there will be no off-street parking provided for the sa�r� gl.e family residence on propose. lot 2. Schutt say d then there will be a driveway from both sides - from Wester. Drive to lot 2 a.nd from 7 Avenue West for lot 1. Conrad said yes. Schutt asked, if there were any other curb cuts down the length of 7th Avenue West. Conrad said not in the immediate v cM* 1ty of this property but farther north there are some curb cuts for lots on both the east and merest side of the street. Norton asked if the removal of the garage was a condition and Conrad said no. ROLL CALL The motion passed unanimously on a, roll, cal. vote. ,RED LION HOTELS LAff A request by Red. Lion Hotels Limited Partnership 8& GV PA R'NERSH�� Commer6al. Properties,Inc. to mend Section 27.24. 2 f C MVIERCIAL the Kali el.l . Zonlr Ordinance Sign Code. The amendment PROPERTEES, INC, TEXT ' intended to give relief to the dedition of wall signs that A=NDMENT are placed on larger buildings (m'excess of Zoo feet of frontage) which have undulating (varied wall) architecture which is typical with larger faga e buildings where wall faces are varied in relief to provide betted` architecture. STAFF REPORT KZT -- P. J. Sorensen, representing the Kalispell Planning 1 Department presented Staff Report YZTA- -1 for the Board. Sorensen, noted that this text amendment is relating to the .efmition of gall signs. There has been a. lot of Fork dome at the Red Lion and they have put together a comprehensive sign package, which has been reviewed by council and site review, and everyone is comfortable with it. Sorensen continued that as part of that the defmition of a. call sign is that it has to be parallel and it cannot extern.d out more than 12 inches. The south face of the mall wall undulates and there are certain. points that the wall sign will be sticking out as much as 8 feet. The applicant is proposing a straight sign that would touch at certain points but not the entire length of the sign. To rectify that quirk of the defmition what the applicant is proposing is that the sign ordinance be amended as foUows. Kalispell City Planning Board Minutes of the meeting of March 06 Page 3 of 8 -........................................._..-............................. .......... ... ....................... ------ "On buildings with a frontage of Zoo feet or more and undulating architecture, signs which are attached to all or a portion of the waR of the building are not subject to the 12 M*ch or less extension requirements provided the signs are para .el to the linear face of the building attached to afl or a portion of the building wall at its outermost points. Staff is recommending some tenor amendments to -the proposed language as follows. - "On buildings with a building frontage of Zoo feet or more along a single street and undulating architecture, signs which are attached to aH or a portion of the wall of the building are not subj eet to the 12 inch or less extension requirements provided the signs are parallel to the linear face of the building , attached to all or a portion of the building gall at its outermost points, and comply with all other provisions related to waU sl." Staff is recommending that the Planning Board adopt staff Report KZT.-0 -01 as findings of fact and recommend to the Kalispell City Council the approval of section 27.24.080(2)(d), with changes to the proposed language as noted above. QUESTIONS THE Mcl ey asked how far the sign actually sticks out from BOAR other parts of the building. Sorensen responded some areas vary as much as 8 feet at some of the entrances but several feet on average. Norton reminded the board that they are not gust talkfg about this individual project but amending the Kalispell Zoning rdmance as a. whole. Norton asked .Jent that ever. though Red. Lion Hotels is the petitioner and they are asking for a. change n the ordinance is it proper to ask them for their take on their particular project. Jentz said yes, they are the petitioner and at this moment they are ones who have the most interest in the text amendment. Bentz added that next month, 5 months, or a year from now it could come up again in another situation, APCANT AGENCIES Tom Maier, representing Red Lion Hotels L='ted Partnership GVD Commercial Properties, Inc. - 20 North Main Street, Kalispell, Montana said that they have been worldng closely with the staff, which has been a. complicated issue but they feel that they found the right spot for it, and he appreciates the opportunity to explain where they are coning from on this request. Maier described the Red Lion revitalization pro.......................... ............................ .. ------------------ject of the hotel. . ............................... and retail f ` the mall. site for the Board. Kalisp it City Manning, Board Minutes of the meeting of March 14, 2006 'Page 4 f They feel that they need to properly sign the face and they need to attract tenants who feel that they are adequately represented. �r signa.ge. Therefore they have complied comprehensive signage plan. This particular text amendment helps clear am gusty in the language as it speaks to undulating u .d.ings# Maier said that along with - that the exterior architecture is being addressed with rock, wamseoting, and timber trusses that are part of the structure. It is very un ortant for them to present the project in a competitive manner in the current marketplace and they feel that the announcement of the performing arts center to the north of their project will be another stung lac' t to the revitalization a.tion of the project and should serge as a good economic stimulus for downtown Kahs ell. Norton said that the color renderings are r ce and attractive and he thinks that the revitalization of the project to update is a. goof plan. FUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Schutt seconded a motion to adopt Staff Report KZTA-o -01 as findings of fact and recommend to the Kalispell City Council that addition of Section 2 .2 •o 2 d as noted above be approved. BOARD DISCUSSIONSchutt noted that he has no objection to this change in word.f.ng for this project. He added that part of what they need to do as a Board is to make sure that they are not setting themselves up for different interpretations. Schutt used an example of a. pizza cut building and the potential of having a separation of 50 to 80 feet. Sorensen said that they looked at the same kind of example and some of the same justifications could be made there. Sorensen noted that conditions could be added to the request, but staff didn't want to open this up for any size building and that is why the Zoo foot language was included. There is nothing n agrical about Zoo feet and the board could adjust that number up or down, and could limit the length that the sign could run without being attached to the building. Schutt thought it wasn't just a. sign but an architectural feature and the city has taken steps to encourage more architectural standards and creativity in the community and if you create a. disincentive to do undulating architecture it runs counter to other standards. Norton said that he agrees with Schutt. Although the proposed wording is ambiguous he can't offer any other wording which he thinks would be clearer. Schutt said that something ing that is crucial is the portion that states "parallel with the linear face of thebuilding." Norton said. what he sees wrong xxdth the Ian age is even though it would be .dell City Planning Board Minutes of the meeting of March 1, 206 Page parallel to the u1l , they are getting rid of the not subject:: to the 12 arches or less extension requirements. Further i c io was held. ROLL CALL The motion passed unanimously on a rod. call vote. CITE AlEtPORT AFFECTED A request by the Kalispell City Airport Affected Area Board on ,��'��� behalf` f the City Kalispell an the Flathead County Commissioners to adopt a set of regulations entitled the Kalrs efl City wort Affected Area Ordinance. The purpose of the ordinance is to protect the airspace around the city airport 0,000 feet from either end of the runway and one mile wide on each side) by regulating the height of structures and o j ects of natural growth in this area. By way of example, on those lands outside of the city owned airport property, the primary structures of height concem will be towers eH towers, elevated water towers, TV and radio transmission towers) which tend to impact air travel con fors. The ordinance is also intended to serve notice to the general public that an airport is operating within this zone and. upon adoption all sales of real property within the airport affected area shall be accompanied with notice to the buyer of the M' c d.e ce of noise, fumes, vibration, light are. other effects from nominal and anticipated abort operations. STAFF REPORT Fred. Lestiko, Ka l peH City wort Manager ger and Chairman of the wort Affected Area Board., presented the report to the planning board. BOARDSC SS N Hull asked if the alig=ent of the runway is current or proposed. Le tiko responded that Exhibit - I covers bets Hull asked, if any trees were going to be affected by the ordinance.. Le tiko said. none that they know of- it is more for the future protection of the airport. Hull asked about cell towers and the Cenex elevators. Leutiko said that they have to meet Part 77 f the Federal eral ir- Regulations. Lestiko said if there are any conflicts in the regulations the more stringent one wiUapply. Hull asked homer this will affect the proposed Hilton hotel. Lestiko said that the hotel developers already have the draft ordinance ce and are taking it into consideration. Jentz noted that the hotel is proposing 4 stones and they are aware of the impacts. Jentz ad.d.ed that it may have a nor impact on a mmiscule part of the proposed hotel at this point. Hull asked if corporate jets are proposed for this airport and. Le trko said that the airport wifl not be equipped to accommodate corporate .F. ate jets. Hrnchey asked ed and. Le tiko explained the elevation of the Kafiell City Planning Board Minutes of the meeting of March 1, 2006 Page airport which includes the critical., transition, approach, and primes zones. Norton asked and. Lestiko said that this is a general aviation airport not a commercial one. It is not designed for commercial traffic. Albert asked if there were future plans to extend over 5,000 feet and Lestiko said no the ultimate build out is 4700 feet. Norton asked how many properties M this affected area exceed the restrictions and Lestiko o said that he didn't know at this time. This ordinance is to plan for future construction and towers. Lestiko added that existi..ng towers will have to be dealt with and that is covered in the ord m' ance. Lestiko said that the ordinance ce also addresses the read. estate notification that will e required. Norton questioned homer that will be enforced - a statement on the deed. Lestiko said that he met with a representative of the Northwest Montana a. Association of Realtors who suggested that the property owners be notified at the purchase closing meeting and it would show up on the title. Norton stated that the board would have to assume that they are doing thee- job in notifying the propel buyers. Hull asked if a city Fire Station would be allowed under this ordinance. Lestiko said yes as long as the facility meets. the height restrictions of the ordinance and. zoning. There was further discussion regarding a. future fire station south of Kalispell, and whether or not it would be equipped to respond to aircraft/ airport related emergfmcles. Albert asked if the access road to the south is going to be affected. Lestiko said the road will be e .� ated. The road is actually the Evergreen Severer line easement to the City's Sewage Treatment F aci ty. Norton asked if the sewer line is going to have to be relocated or modified to handle the runway and Lestiko said no. PUBLIC HEARING No one wishing to speak the public hearing was closed. MOTION Schutt moved and Albert seconded to adopt the draft of the Airport Affected Area ordinance and reconu end approval to the Kalispell city Council. BOARD DISCUSSION Hull said that he lives underneath the flight path of this airport and it has not caused him any trouble. Hull understands that Red. Eagle will be moving to the south end of the airport and he asked if there are any requirements that when the winds are calm they should take off to the south. Lestiko said that take off and landing is at the ploys discretion at the airport since there is no control tower. There are small signs at the end of the runway that the no wind preferred runway is -3_going south. Lestiko said mat Kalispell City Planning tBoard Minutes of the meeting of March 14, 2006 Page 7 of m a no wind situation they encourage departures from the south and arrivals from the south. Lestiko noted that they have to be careful because they don't want to be directing traffic, ROLL CALL The motion was approved unax .mously on a roll call vote. OLDBUSINESS: Jentz noted that the Joint City/ County Planning Board meeting wiH be held on March 22, 2006 from 6:00 p.m. to .ram. in the Earl Bennett Building. NEW BUSINESS* None. ADJOURNMENT The meeting was adjourned at approxftnately 8 : IS p.m. After the meeting a work session on the Kalispeli North Groff Policy Amendment was held. The next rear meeting of the Kalispell City arnmg Board and Zon g Cori sion will be held on Tuesday, April 11, 2006. Tim Norton. Mic .e e Anderson Vice President Recording Secretary APPROVED as submitted/corrected: /_/06 Kafismll City Planning Board .M mutes of the meeting of March 14,2006 Page 8 of 8