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05-14-13KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MAY 14, 2013 CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Chad Graham, Phillip Guiffrida, Rory Young, Charles Pesola, Ken Hannah and Matt Regier. Richard Griffin was absent. Tom Jentz and P.J. Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Pesola moved and Guiffrida seconded a motion to approve the minutes of the April 9, 2013 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT No one spoke. RICHTER ANNEXATION A request from Marilynn Richter to annex .77 acres of land and zone the land R-2 Residential upon annexation. The property address is 205 Leisure Drive and the property contains a single family residence. STAFF REPORT KA-13-02 Tom. Jentz representing the Kalispell Planning Office reviewed Staff report KA-13-02 for the board. Jentz noted Leisure Heights is a partially built out subdivision and this property is located directly north of the subdivision. Jentz noted this property is located immediately north of Leisure Heights Subdivision. He added when Leisure Heights was approved several years ago this property was already developed with a single family residence. The applicant is requesting annexation because their septic system is failing. Jentz continued the property is surrounded by the city on three sides and the property directly to the south is a homeowner's park. The attached cost of services plan shows a slight net gain to the city if annexed which means if it were annexed the taxes and impact fees paid to the city would exceed the cost of services provided. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-13-02 as findings of fact and recommend to the Kalispell. City Council that the property be annexed and the initial zoning for this property upon annexation be R-2 Residential. Young asked if the request is to connect city sewer only and Jentz Kalispell City Planning Board Minutes of the regular meeting of May 14, 2013 Page 1 of 5 said yes at this time. Jentz added the property owner will continue to use their private well for water which will be metered to determine the amount of use for the sewer service billings. Hannah asked if all city services are already provided to this property due to the location of the existing neighborhood and Jentz said yes and he explained the services. For all practical purposes this property is already in the city but they are not paying taxes. Hannah said lighting, for example, is paid by the homeowners association and he asked if this property owner will then be required to pay for those services and Jentz said that would be up to the homeowners association. PUBLIC HEARING No one else wished to speak the public hearing was closed. MOTION Guiffrida moved and Pesola seconded a motion to adopt staff report KA-13-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be R-2 Residential. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. ORCHARD VILLAGE, LLP A request by Orchard Village, LLP to annex .5 acres of land and ANNEXATION zone the land B-2 General Business upon annexation. The property is located at 57 Appleway Drive in Kalispell and currently contains a single family residence. STAFF REPORTS KA-13-01— Tom Jentz representing the Kalispell Planning Office reviewed KCU-13-02 Staff reports KA-13-01 & KCU-13-02 for the board. Jentz said this is a simple annexation associated with a conditional use permit that will also be discussed. Jentz added Orchard Village LLP has requested annexation of this property so that it can become part of the multi -family development to the east. Orchard Village LLP owns both properties. Jentz reviewed the location and surrounding uses for the board noting the uses are primarily commercial and multi -family. They are requesting B-2 (General Business) zoning and will hook up to all municipal services if annexed. Jentz stated when the cost of services analysis was prepared it was calculated for a multi -family use. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA713-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation Kalispell City Planning Board Minutes of the regular meeting of May 14, 2013 Page 2 of 5 be B-2 General Business. BOARD DISCUSSION Hannah asked if the project did not move forward would the single family use be appropriate for this zone and Jentz said yes. Hannah noted the cost benefit was based on the project moving forward and is about $500.00 per year and asked if it would still be in the positive if it remained a single family use and Jentz said the city would probably break even for a single family use. Jentz added they are receiving most city services now without paying taxes. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION — ANNEXATION Hannah moved and Young seconded a motion to adopt staff report KA-13-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 General Business. BOARD DISCUSSION Guiffrida said he wants the planning department to know that he appreciates the way the cost of services analysis is now being done as it was confusing to the board prior to the last few annexations that were presented. ROLL CALL — ANNEXATION The motion passed unanimously on a roll call vote. STAFF REPORT KCU-13-02 Tom Jentz, representing the Kalispell Planning Office reviewed staff report KCU 13-02 for the board. Jentz noted this project is a continuation of the annexation just presented. Jentz again reviewed the location and noted there would be a future four-plex on this property and the building will look exactly like the buildings immediately east of this site. Jentz reviewed parking for the board which he noted will be more than what is required. Jentz said the only unusual condition is a requirement that the sidewalk be extended from the four-plex south to the trail and a sidewalk be extended from the four-plex over to the parking lot. He described the location of the water and sewer lines. There will be a 5,000 square foot parkland area across the back of the property which far exceeds what would be required and will blend in well with the Meridian Trail area. Staff recommends the planning board adopt staff report KCU-13- 02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 12 conditions listed in the staff report. BOARD DISCUSSION Guiffrida said the conditional use approval goes with the lot so if at any time in the future the house was demolished to make way for another multi -family structure what steps would have to be taken? Kalispell City Planning Board Minutes of the regular meeting of May 14, 2013 Page 3 of 5 Jentz said they would have to come before the planning board for another conditional use permit and staff would show how it would fit into the neighborhood. Graham asked about sewer access and Jentz responded. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION — CONDITIONAL Guiffrida moved and Pesola seconded a motion to adopt staff USE PERMIT report KCU-13-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 12 conditions of approval listed in the staff report. BOARD DISCUSSION None. ROLL CALL — The motion passed unanimously on a roll call vote. CONDITIONAL USE PERMIT OLD BUSINESS: None. NEW BUSINESS: Jentz reminded the board that the June meeting will be held one week early, June 4th, and will begin at 6:00 p.m. The agenda for that meeting will be as follows: 1. Conditional use permit — casino located at 1121 Highway 2 West (former Roscoe's Dollar Store) 2. Conditional use permit — accessory casino located at 2150 Highway 2 West (former Sizzler) 3. Gardner PUD (Fred's Appliances) ADJOURNMENT The meeting adjourned at 7:22 p.m. WORK SESSION A work session was held immediately following the meeting to discuss the following: 1. A request from Gardner Investments, LLC for a planned unit development (PUD) zoning overlay approval for two tracts of land located just north of the intersection of Highway 93 South and United Drive. The PUD is requesting approval to develop the westerly lot to accommodate a retail appliance business. No use is proposed for the easterly lot at this time. NEXT MEETING The next special meeting is scheduled for June 4, 2013 beginning at 6:00 p.m. in the City Council Chambers located at 201 1st Avenue East in Kalispell. Please note the regular meeting of June 11 th, 2013 is cancelled due to a scheduling conflict. Kalispell City Planning Board Minutes of the regular meeting of May 14, 2013 Page 4 of 5 NEXT WORK SESSION No work sessions are currently scheduled. APPROVED as submitted/corrected: --L/ " / /13 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the regular meeting of May 14, 2013 Page 5 of 5