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04. Ordinance 1538 - Zone Change and PUD - Courthouse East - 1st ReadingTri-City Planning Office 17 Second Street East — Suite 211. Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson., Senior Planner James H. Patrick, City Manager SUBJECT Courthouse East Zone Change Request from R-3 to R-5 and Planned Unit Development - Fifth Avenue East .MEETING DATE: June 6, 2005 BACKGROUND: At the Kalispell City Council's regular meeting of May 16, 2005 the Courthouse East property rezoning and associated PUD was tabled for a work session on May 31st. The property owners / developers are requesting a zone change from R-3, Urban Single Family Residential, to R-5, Residential / Professional Office, with a Planned Unit Development (PUD) to allow the rehabilitation and reuse of the existing Courthouse East building and site. The Courthouse East property is located on the east side of Fifth Avenue East between 7th and 8th Streets East. The address is 723 Fifth Avenue East and is situated on one city block that includes the building and parking area. This one city block contains approximately 2.01 acres. All levels of the building total approximately 65,000 square feet. This includes the prior maintenance building footprint that is intended to be reconstructed with the mechanical room on a subterranean level. The project proposal includes 30 apartments, 20,000 square feet of professional office space and approximately 1,600 square feet of retail. A neighborhood meeting was also scheduled for the evening of May 31-t prior to the work session to provide an opportunity for the developers to explain their project to the public and answer questions. There were approximately 25 people who attended the neighborhood meeting and the developer gave a presentation explaining their project. There were questions regarding the project related to density, intensity of use, traffic in the area and parking. It was noted that the snow storage area for the project is between the north wing of the building and 711, Street East. It was also noted that the building will have a full time live-in maintenance staff and manager. It did not appear that the opponents of the project were closer to embracing the proposal than they were previously since the issue seems to be the construction of single family homes on the property versus the proposed project. Following the neighborhood meeting, the city council held a work session and discussed the neighborhood concerns, the overall project, the site, the history of the building and neighborhood, bonding and previous uses of the building. There was some general discussion regarding phasing and options that would insure the successful completion of the project. There was some discussion regarding bonding for a portion or all of the internal infrastructure for the project, collateral for removal of the building and phasing of the project. Should the project not come to fruition the council seemed to want a mechanism to sunset the project rather than to let it languish. It seemed the city council wanted to address a couple of issues through conditions which appeared to be as follows: Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia 1~alls Courthouse East Zane Change and PUD June I, 2005 Page 2 • Phase 1 of the project shall include the completion of the exterior of the building, landscaping, sidewalks and boulevard treatment. The project shall be substantially completed by duly 1, 2008 or the developers must show a continuous good faith effort has been made to bring the project to completion by that date the zoning shall revert back to the previous R-3, Urban Single Family Residential. Additionally, the city council discussed whether or not it was reasonable to require collateral for the completion of all the improvements as well as collateral for the removal of the building if the project is not completed as planned. Although the Kalispell Planning Board made some amendments to the staff's conditions of approval reflecting the completion / removal issue, the planning board did not forward a recommendation for approval of the project with their vote of three in favor and three in opposition. The ordinance before the council includes the language drafted by the planning board. The council may want to reconsider the language by either amending, deleting or replacing the conditions o tline in tfie ordin-ance Councilmember Hafferman had sorne concerns regarding the height of the building and it exceeding 35 feet This is an existing building wherein it was constructed prior to zoning and the portion of the building which exceeds 35 feet would be non -conforming and would not allow the further increase in height for other portions of the building. None is proposed. Parking has also been a concern for everyone and Councilor Hafferman questioned the parking needs and compliance with zoning. The parking as proposed complies with the dimensional standards of the ordinance. And although the dimensional requirements of the parking may reflect a 1950's standards, cars from the 50's were as largc or larger than most vehicles today. It was only in the 1970's that the compact car and compact parking spaces became the norm. Many drivers in this climate, however, own larger vehicles and the larger dimensional requirements satisfy a local need. Some communities currently use the smaller dimensional standard for parking, but the local communities here have never adopted that route. Parking is based on the gross square footage of a building and the use which will occupy it. The proposal before the council does not include many common areas such as hallways and lobbies in the overall gross square footage for the purposes of calculating parking. The staff and council are necessarily keenly aware of the expense and waste of excess parking requirements and work diligently to insure they are reasonable and adequate. In response to Councilor Hafferman's concern, the parking and traffic situation at the Earl Bennett Building is a result of Flathead County utilizing the "agency exemption" from zoning as provided for in the State zoning statutes wherein they were required to provide Another concern raised by Councilor Hafferman is the parking layout and whether parking would be allowed off site. No parking should be allowed on the surrounding streets or avenues beyond that which is currently being experienced by the neighborhood with the medical offices to the east and the school to the south. All parking needs to be accommodated on -site in order to avoid further, non -mitigated impacts to the residences in the immediate area. Previous occupancy by the County involved the fully occupancy of the building. Some of the uses offices anticipated fairly high levels of walk in traffic at certain tunes such as the health department's immunization clinic, the WIC program, family planning as well as environmental health services, agency on aging, Bridges School, the superintendent of schools and others. Based on personal experience, conflicts with traffic Courthouse East Zone Change and PUD June 1, 2005 Page 2 and parking did not appear to generally create problems in the neighborhood or around the school. Should the council determine that written comments are required from the public works department and the school district regarding the parking, traffic and circulation in the neighborhood; those requests could be made and a decision delayed on the project until they have been received and reviewed by the council. RECOMMENDATION: The Kalispell City Council should consider the proposed zone change, PC,JD and appropriate conditions as well as the recommendation of the Kalispell Planning .Board. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Re.Rn(-rtf1i11 r gii hmitted Narda A. Wilson Janes H. Pa rick Senior Planner City Manager Report compiled: June 1, 2005 c: Theresa White, Kalispell City Clerk Applicants TRANSMIT/ KALISPELL/2005KZC05-3 KPUDMEM03.D©C ORDINANCE NO. 1538 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1.460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOTS 1-121 BLOCK 203 KALISPELL ADDITION, LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, SINGLE FAMILY RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE WHEREAS, DEV Properties, 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 R-5, Residential/Professional Office with a Planned Unit Development overlay on approximately 2 acres of land, and WHEREAS, the property is located at 723 Fifth Avenue East and is known as Courthouse East, and WHEREAS, the petition of DEV Properties was the subject of a report compiled by the Tri-City Planning Office, Staff Report ##KZC-05-3 / KPUD-05-3, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-5, Residential/Professional Office, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 19, 2005, and due to a vote of three in favor and three opposed, was unable to recommend that the zoning classification be changed to City R-5, Residential/ Professional Office with a Planned Unit Development overlay, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional Office 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 76-3- 608, M.C.A., and State, Etc. v. Board of CogE!y Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KZC-05-3 / KPUD-05- 3, as amended by the Kalispell City Planning Board. 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 R-5, Residential/Professional Office with a Planned Unit Development overlay on approximately 2 acres. SECTION 11. The Planned Unit Development proposed by DEV Properties upon the real property described above is hereby approved, subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan and conditions for the PUD as approved by the city council. 2. The proposed development areas within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. 3. That the plans and specifications for water, sewer, drainage and grading shall be designed and installed in accordance with the Kalispell Design and Construction Standards and shall be subject to review and approval by the Kalispell Public Works Department. 4. The fire access and suppression system shall be reviewed and approved by the Kalispell Fire Department for compliance with the International Fire Code. 5. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed. 6. A redesign of the parking lot be provided that includes a five foot perimeter landscape buffer, is dimensionally accurate and incorporates some landscaping within the parking lot design. 7. The number of dwellings shall be reduced by two to a maximum of 28 dwelling units in order to comply with the limits of the R-5 zoning being requested. 8. The boulevard areas shall be landscaped in accordance with a plan that has been reviewed and approved by the Kalispell Parks and Recreation Department. 9. The overall landscape plan shall be coordinated with the Kalispell Parks and Recreation Director regarding the exact size and location of the plantings and species lists. 10. That sidewalks be provided as indicated on the site plan that provide a continuous and connected system along the streets and avenues abutting this site. 11. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. 12. That a comprehensive sign plan be submitted which indicates an integrated design of lettering and materials. All signs shall comply with the Kalispell Zoning Ordinance. 13. The use of the artist studios are recognized as live I work units and it is anticipated that some limited retail sales would be allowed on the premises. However, no sales of items which are not produced on -site would be allowed from the artists studios or other items that would be of a general retail nature. 14. That the refuse areas be adequately screened from public view. 15. The phasing and timing of the development shall occur as proposed. Bonding or insurance for the full cost of the proposed infrastructure and improvements to ensure the improvements will be completed as proposed, shall lae provided by the developer.That the plasing and fim 16. If the project is not substantially completed, or is abandoned, by December 2007 the city has the option to use the collateral to remove the building and clear the site. 17. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. SECTION 111. The balance of Section 27.02,01.0, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION IV. This Ordinance shall take 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 DAY OF , 2005, ATTEST. Theresa White City Clerk Pamela B. Kennedy Mayor