Planning Board Minutes - October 10, 2006KALISPELL CITY PLANNING BOARD & ZONING COMMSSION
NMMTES OF REGULAR MEETING
OCTOBER 10, 2006
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; Timothy Norton, Rich Hull, Bryan
Schutt, Robyn Balcom and Bob Albert. John Hinchey and
Kari Gabriel were absent. Sean Conrad and Tom Jentz
represented the Kalispell Planning Department. There were
approximately 15 people in the audience.
APPROVAL OF NMWTES Schutt moved and Norton seconded a motion to approve the
minutes of the September 19, 2006 regular planning board
meeting.
The motion passed unanimously on a roll call vote.
HEAR THE PUBLIC I No one wished to speak.
MATT WAATT1/ THE A request by Matt waatti 1 The Villa's, LLC for a conditional
VILLAS, LLC use permit to allow a 2-unit townhouse to be located on a lot
CONDMONAL USE PERMIT zoned R-3 (Urban Single Family Residential). The R--3 zoning
district requires a conditional use permit be secured for
townhouse dwellings with a configuration of 2 or more
attached units. The property is approximately 8,8 10 square
feet in size and is located at 374 6thAvenue ]Vest North.
STAFF REPORT I CU--06 -10 Sean Conrad, representing the Kalispell Planning
Department presented Staff Report KCU-06 W-10 for the Board.
Conrad noted in the staff report the requirements in order to
create sublots are listed and the request before the board
differs slightly in that there are 2 existing legal lots on this
property. Conrad stated the property owner could construct
a single family dwelling on each one of the lots. However the
applicant is requesting a conditional use permit to create.
townhouses that would have a common wall between the 2
units and allow some flexibility in his design.
Conrad said the Public Works Department has recommended
some street improvements be included as part of the
conditional use permit request. Those would include
installation of a sideway along the frontage of the property
as well as some street trees.
In addition the planning staff is recommending that a
condition be placed on the permit requiring either
landscaping or some alternative design or both to minimize
the prominence of the garages from the street.
Conrad said the planning office received a letter on the
requested conditional use permit from Eloise Hill who noted
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that their R-•3 zone has no other multiple unit dwellir gs and
this would be a precedent that will change the character of
the neighborhood. She also had concerns with the increase
of traffic and off-street parking. The multiple driveways in
front of the property will reduce the open yard space and not
be in character with the other residences on this street.
Conrad said the property owner does not have a recorded
alley easement and that is why they could not place the
garages to the rear of this property. In order to construct the
townhouse units the developer will have to provide adequate
off-street parking and the site plan does show that there will
be a one car garage and have space between the garage and
the edge of the property to accommodate parking for another
vehicle.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KCU-06-1 O as findings of fact and
recommend to the Kalispell City Council that the conditional
use permit be approved subject to the 7 conditions listed in
the staff report.
QUESTIONS BY THE Schutt asked how, under Condition #4, they would judge
BOARD that the prominence of the garages was minimized. Conrad
acknowledged that this condition was ambiguous because he
noted it is a small site. Conrad suggested that the board
discuss other alternatives or perhaps require that a
landscape plan be submitted for approval prior to the
issuance of a building permit.
APPLICANT/ AGENCIES Mark Waatti, 15 Vista Loop stated when they originally
bought the property there were 3 lots which were too small to
build a house so they did a property line adjustment and
created 2 lots. They had a house designed with the garage
placed on the alley until they found out that they did not
have legal access to the alley. Then they came up with the
plan for a townhouse as being the best application for this
lot. This way they would only have one garage visible from
the front instead of 2 garages with 2 single family residences.
Waatti said that he spore to as many of the neighbors as he
could or dropped a letter off explaining the plan. Waatti said
that most of the people who he talked to didn't have a
problem with this project and he added the neighbor next
door was in favor of it. Waatti also noted that he spoke to
Eloise Dill and he told her that they would be required to
provide 2 parking spots for each unit. Another neighbor was
concerned about the alley and he told her they would not be
using the alley for access to this property.
PUBLIC HEARING Elden Marvel, 605 west Oregon street stated they had some
concerns about this project. They have lived there since 1973
and this has always been a single fancily residence area and
now they have someone trying to change the neighborhood.
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The property was originally advertised as constructing a
single family residence and now they are changing their
mind. The streets 'n the area are narrow and Oregon Street
is two-way but should only be a one-way street because it is
very narrow. The increase in residences will also cause
problems with more traffic and parking. Marvel said they are
not in favor of this plan as submitted.
Mason Riley, 1110 - 3rd Avenue west in Columbia Falls
stated he lived in this area from 1963 to 1965 and his
mother moved into the little house on the northwest corner
of this lot who left it to him and he has been fixing it up.
Riley said that they don't like the idea of the 2 - unit
townhouse. Riley said he is opposed to the townhouses and
wishes it were being proposed as a single family residence.
Mark Waatti said that there are 2 lots and they could build 2
single family residences now, without a conditional use
permit. He said that it would look better to have the
townhouses there than to have 2 single family residences
with 2 garages in front of the properties. The project would
not increase the traffic by any more than if they built 2
houses there.
Riley added the 2 single family residences would have to be
pretty small in order to fit on those small lots.
BOARD DISCUSSION Balcom asked if there was a single family house on the lot
before. Conrad said it is a vacant lot right now and he is not
sure what was on the lots originally. There are now 2 legal
lots that are 31 feet in width and 142 feet in length. Conrad
added the zoning code allows for townhouses with a
conditional use permit however, they have to meet the
density of the zoning district. As was stated, since there are 2
legal lots the applicant could build a single family residence
on each lot right now.
Albert asked how they get around the setbacks if there are 2
legal lots. Conrad said the building code allows for
townhouses to be built on the shared property line.
Norton asked if the Site Review Committee approved the
creation of 2 lots from 3 small lots. Conrad said that the
County approves boundary line adjustments. He added that
the County usually notifies him with boundary line
adjustments to make sure that they meet the zoning code
requirements although he was not notified on this property.
Conrad continued the zoning code, although it recognizes
smaller lots that are under the minimum lot size, allows
boundary line adjustments to take place between non-
conforming lots as long as they maintain their size or get a
bit larger. In this case they took 3 lots down to 2 which made
the remaining 2 lots larger.
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MOTION
Hull moved and Balcom seconded a motion to adopt staff
report KCU-06-10 as findings of fact and recommend to the
Kalispell city Council that the conditional use permit be
approved subject to the 7 conditions listed in the staff report.
BOARD DISCUSSION
Schutt said his concerns are the Issues the board has
discussed before regarding townhouses. The whole style of
townhouses has gotten a black eye because there are
subdivisions where 20 townhouses are lined up in a rover with
the garages in the front of the property. Whitefish calls this
type of design "snout houses". He understands where staff' is
coming from with the requirement of trying to minimize n i m i ze the
prominence of the garages, but how far should they take
that.
Norton said these lots should not have been created. They
are non -conforming to the neighborhood and are only 31 feet
wide. Norton suggested the board should pursue gays to
prevent lots this size from being created in the future.
However, Norton continued, the board's hands are tied in
this case. They can either limit Mr. Waatti to building a
narrow house, or they approve a townhouse, which are the
only 2 design elements that can be utilized on these lots. He
knows the neighborhood and he wouldn't want a townhouse
next to him but he doesn't like to restrict a property owner
from developing on his own lot.
Hull stated that he is caught in the same paradox and noted
this is a case where the lack of an alley is part of the
problem.. The board should encourage more alleys in
development. Hull said that it would be an acceptable design
if the garages were in the back.
Norton said the board could deny the proposal and Mr.
Waatti could build 2 narrow single family homes with
garages facing the street; or Mr. Waatti could pursue a
boundary line adjustment and build one single family
residence.
Schutt said a third option is to break the townhouses up
with more design work to get rid of the `snout house look."
Schutt noted the board has discussed the need to work on
the design standards for townhouses and this is another
example where those standards would help this situation.
ROLL CALL
The motion passed on a roll call vote of 4 - 1.
CAHILL -- ANNEXATION
A request from Janet Cahill for annexation and initial zoning
of R--4 (Two Family Residential) on a 4 acre property located
at 60 Denver Avenue.
STAFF REPORT IKA-06-10
Sean Conrad, representing the Kalispell Planning
Department presented Staff Report KA-06--1 o for the Board.
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Conrad said that the property is located on Denver Avenue
north of Stratford Village on both the east and west sides of
Denver Avenue and is approximately 4 acres in size. There is
an existing duplex and some out -buildings on the west
portion of the property. when the application originally carve
in they had requested R-4 -- Two Family Residential and that
is how it was advertised, however after discussions with the
applicant staff recommended that they request R--3 which is
more conducive for the overall neighborhood. The applicant
agreed and changed the application to request R-3 zoning.
Conrad added the zoning is also consistent with the Growth
Policy.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KCU--06-1 o 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 asked for clarification on the location which Conrad
addressed.
Schutt asked if there was a PUD or anything else submitted
in conjunction with this annexation. Conrad said not at this
time. He added if the property is annexed and the R-3 zoning
is put in place they could expect the property owners to come
back with some type of residential subdivision creating 3 or 4
lots.
APPLICANT/ AGENC ES Janet Cahill, stated that she represents a non-profit
organization who has purchased this lot and wishes to annex
into the city with the R-3 zoning with the intention of
eventually selling the lots to finance the purchase of the
property.
Norton asked if the buildings would be raised. Cahill said
that the house will remain but the outbuildings will be
removed.
PUBLIC HEARING Alex Hasson, Columbia Falls stated that he is on, the board of
the non-profit organization. He said they may approach the
board with a PUD when they decide hour they want to
subdivide.
Kathleen Dusk, 107 Santa Fe Street stated that her back
fence borders the property and she is happy to see the
property get cleaned up. However, she is concerned that
when the ground is frozen and they get rain about 1/4 to
1 / 3 of her back yard is a lake and she would like the
underground infrastructure drainage, etc., fixed so that it
does not come into her backyard. Her house was one of the
ones that flooded in April and she doesn't want it to happen
again and to have the development of this property add to
her water problems.
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Norton said that he has spoken to city council about these
issues and the city has now taken steps to remedy these
problems.
MOTION - ANNEXATION
Schutt moved and Balcom seconded a motion to adopt staff
report KA- 0 - 1 o as findings of fact and recommend to the
Kalispell City Council that the initial zoning for this property
upon annexation by R-3, Urban Single Family Residential.
BOARD DISCUSSION
Norton asked staff to ensure that the drainage issues are
addressed when the subdivision goes before the city council.
Conrad noted that the subdivision will be a subsequent
minor subdivision which will be treated as a major and will
therefore come before the planning board for review. Conrad
added that the drainage issues will be addressed in the staff
report at that time.
ROLL CALL
The motion passed unanimously on a roll call vote.
SUNBURST FOUNDATION,
A request by the Sunburst Foundation., Inc. to allow a
INC. - ZONING ORDINANCE
`Family Support and Education Center" as a permitted use
TEXT AMENDMENT
in the R--4 (Two Family Residential) zoning district and add a
definition of the term in the definition section of the Kalispell
Zoning Ordinance. A Family Support and Education Center,
as proposed, would provide services to support families who
have issues of neglect and also provide services to foster
families. Among the services offered would be parenting
classes and supervision of visits between children and their
birth parents.
STAFF REPORT - KZTAW
Sean Conrad, representing the Kalispell Planning
06-05
Department presented staff Report KZTA- 06- 05 for the
Board..
Conrad said this is a proposed text amendment to the R-4,
Two Family Residential zoning district which would add
Family Support and Education Center as a permitted use.
The Center would be defined as "A center providing services
to support foster families and/or families who have issues of
neglect. Services may include parenting classes, supervision
of visits between children and their birth parents, and the
coaching of parenting skills to the birth parents."
Conrad continued that staff is recommending that the
planning board consider denying the proposed amendment.
The R-4 zone is a widely used residential zone throughout
the city and does allover some other nonresidential uses such
as day cares, group homes, churches and schools, but staff
felt that the parameters around the services that the center
would provide is more commercial in nature and there are a
number of commercial zoning districts in the city that would
accommodate this type of use.
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Staff is recommending that the Kalispell City Planning Board
adopt staff report KZTA.-06-05 as findings of fact and
recommend to the Kalispell City Council that the proposed
amendment be denied.
Alternately, if the Board adopts different findings supporting
the proposal, staff would strongly recommend that the
proposed use be allowed as a conditionally permitted. use
(rather than a permitted use) in order to review an individual
proposal's impacts and allow for public notice and comment.
BOARD DISCUSSION I None.
APPLICANTS/ AGENCIES Don Fleck, Administrative Director of the Sunburst
Foundation said they are asking for the zoning text
amendment because that is what staff suggested. He said
they disagree with the staff recommendation because when
staff looks at their operation they see more of an office than a
day care whereas they feel they are more of a day care than
an office.
Fleck continued the Sunburst Foundation has four sites, on
North Meridian in Kalispell, in Polson, in Missoula, and in
Hamilton. He said primarily Family Concepts provides a
supervised setting for foster children to meet with their birth
parents. There is a need as well as a legal requirement that
the birth parents are able to come together with their kids
who are now in foster care and they provide this service in a
very supervised setting.
Karen Bean, 1 o5B Garden Drive in Kalispell stated she
supervises the operation at 1070 North Meridian. Load. They
have trained staff on the premises who coordinate with birth
and foster parents to provide a supervised visitation time
during the week in order for them to stay connected with
their children while the parents are working on treatment
plans with the hope of reunification of the family. Each day 3
families come to their house setting on Meridian Road and
those families are supervised from 1 -- 4 hours, depending on
the ages of the children, while they make a meal and share it
together or read stories, and do what families do together.
Dean said they also provide parent education classes once a
creek for 2 hours for up to S parents. They provide foster
parents support groups which are usually up to 10 people
once a month for 2 hours. Dean added they do visitation at
their Meridian Road site on Tues, wed, Thurs, and
Saturdays. In addition, there would be one staff member
provided to each of the families as they are spending time
visiting their children.
Fleck mentioned that the site at North Meridian was built as
a family residence. It looks like a house and on the inside for
the most -part it functions like a house. The support worker
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usually has a laptop where they can mare their notes during
the family visit and then they go to their desk and transcribe
their notes and perhaps make some phone calls, etc., but
primarily most of their time is spent meeting with the
parents and the children rather than actually doing desk
i
work.
Fleck noted the staff reports states "while churches and
elementary schools are generally expected to be intermingled
into those neighborhoods, they are not intended for places of
business that brings in customers or clients who would
otherwise not be driving into the neighborhood." Fleck
disagrees because churches, community centers, day cares,
and group homes bring people in from all over the city and
the valley and it is their contention that the kind of operation
that they have is no different than the uses that are already
permitted in the zone.
Fleck said that their operation would not increase traffic. and
they do not think it would be an inappropriate use of the
land. He added he feels their services are very similar to a
day care but suggested that perhaps it would be appropriate
for their use to be allowed as a conditional use instead of a
permitted use.
PUBLIC HEARING
Carol Pannell, 525 (last Evergreen stated for the last 20
years they owned this building. It started off as a church
then a day care was added and finally they expanded to a
day care center with 45 children. The day care was primarily
for special needs children where CDC, occupational,
physical, and speech therapists and school buses carve and
went on a daily/weekly basis. In addition the center operated
2 vans picking up and dropping off children several times a
day. Pannell noted the dynamics of that area has changed.
On both sides of the day care there are townhouses and the
building is set back and is private. It has worked well as a
full day care center and she added there were no problems
with congestion.
BOARD DISCUSSION
None.
MOTION
Hull moved and Norton seconded a motion to adopt staff
report KZTA--06-05 as findings of fact and recommend to the
Kalispell City Council that the proposed text amendment be
approved with the following change: That Social Service
Centers be allowed as a conditional use in the R--4 Two Family
Residential District.
BOARD DISCUSSION
Hull asked Parnell if they operated under a conditional use
permit and she said they did. Hull said that to change the
zoning text for only a family support and education center
was too narrow. He believes that this should be a conditional
use.
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Conrad reminded the board that although they are being
presented with a site that previously accommodated a day
care center and church, they should be considering the effect
that the text amendment would have on all of the R-4 zoning
districts in the city not just this neighborhood.
Jentz added that the difference with this proposal and a day
care as a permitted use is with a day care the person who
operates the business lives there too. with a day care center
a conditional use permit is required and the board can
evaluate the proposal on a case -by -case basis and the
neighbors would have to be notified and a public hearing
would be held.
Norton stated that he agreed that a conditional use permit is
the correct way to go.
Schutt said that whenever they come across these new uses
into an eXisti:ng zone he has to ask himself if he would want
this type of use next to his house. His answer is, it depends
which indicates it should be a conditional use.
Hull said the board has allowed day care centers and group
homes because people need them and they are scattered all
over the city. It seems to him there is also a need for a facility
of this type. He understands why it should be in a home -type
setting.
Albert said he supports an amendment to allow this type of
facility in the R--4 zone with the conditional use permit
because that would give the board the opportunity to control
the impact to the neighborhood.
ROLL CALL I The motion was approved unanimously on a roll call vote.
BOARD DISCUSSION Conrad asked for clarification in that the board is making
this decision because this type of use gives reasonable
consideration to the character of the R- 4 district and by
requiring a conditional use permitwould allow the board to
consider the use proposed, hours of operation, number of
employees, building layout and design, and traffic on a case -
by -case basis. In addition the board felt that the use would
not adversely affect the neighborhood.
The board agreed with those findings and asked that they be
forwarded to city council.
RALISPELL SUBDMSION A request by the city of Kalispell to amend the Kalispell
REGULATIONS UPDATE Subdivision Regulations to address legislative changes in the
subdivision and platting act for review and processing of
subdivision applications. In addition, several definitions will
be added to the definitions section of the subdivision
regulations as well as revising Appendix B of the regulations
with regard to the information needed in an environmental
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assessment.
STAFF REPORT — RS'TA._06..
Torn Jentz, representing the Kalispell Planning Department
01
provided a brief overview of the amendments to the
regulations.
Jentz noted that 2 years ago the Legislature added some
administrative amendments to the subdivision regulations
which became effective October 1, 2006. The board held a
work session in which these changes were reviewed and
tonight's public hearing is another part of the process. Jentz
said that since the amendments are now state later it does not
allow for a lot of flexibility. He added in the next 12 months
the board wi.Il be involved in major amendments to the
design standards portion of the regulations.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KSTA-06-01 as findings of fact and
recommend to the City Council that the amendments to the
Kalispell City Subdivision Regulations be approved as set
forth in the draft regulations dated June 2 006 .
BOARD DISCUSSION
General discussion was held.
APPLICANT/ AGENCIES
None.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Norton moved and Albert seconded a motion to adopt staff
report KSTA-06--01 as findings of fact and recommend to the
Kalispell City council that the amendments to the Kalispell
City Subdivision Regulations be approved as set forth in the
draft regulations dated June 2006.
BOARD DISCUSSION
Hull said the requirement that all letters have to go through
the subdivision administrator will never happen because
people will always go to their council representative. His only
suggestion is the administrator could be sure that copies are
distributed.
Norton suggested that should already be covered under the
provision to allow for additional information to be presented
to council after the planning board has reviewed the project.
Jentz noted that it seems impossible to enforce but it is state
law.
There was discussion about the requirement to post
properties that are undergoing subdivision.. Jentz noted that
it is covered under the portion when and if council decided a
subsequent hearing should be held the properties should be
posted. The board felt that properties should be posted and it
should be up to the developers to do the posting. Jentz
agreed that staff would come u with a plan to ensure the
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properties are posted in the future.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINEW.,
None.
NEW BUSINESS
The projects scheduled for the October 24, 2006 work
session are: Silverbrook Subdivision 8, Kalispell west Growth
Policy Amendment Boundary. willow Creek Subdivision may
also be discussed.
Jentz noted the need for a planning ri Y ng board hest and worst
tour sometime next spring.
Hull asked if there were examples where properties have
been annexed 2 miles outside of their city limits. Jentz said
they would be hard to find.
Norton expressed his frustration that there was not a
requirement for a pass through road from Rosauers south to
the new location of MacKenzie River Pizza. He said it doesn't
make sense that those properties only have one access point.
Norton reviewed the council minutes on recent projects for
the board.
Jentz reviewed the Redevelopment Incentives that were
discussed by the planning board a while back. The council
will work on a resolution with a requirement that a
committee be formed for the historical renovations and
added this may be handled by the Architectural Review
Committee.
ADJOURNMENT
The meeting was adj ourned at approximately 9:1 U p. m.
Work Session October 24, 2006: 7:00 p.m. in City
Council Chambers.
The next regular meeting of the Kalispell City Planning
Board and zoning Commission will be held on Tuesday,
November 14, 2006.
Worst Session (pending),., November 28, 2006 - Building
Department Conference Room, (New Location) 411 - lat
Avenue West.
Timothy Norton Michelle Anderson
President Recording Secretary
APPROVED as submitted/corrected: /_/06
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