Planning Board Minutes - August 10, 2004KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 10, 2004
CALL TO ORDER AND ROLLThe 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: Rick Hull, George Taylor, Jean
Johnson, Sue Ellyn Anderson and Timothy Norton. Kari
1 Gabriel and Jahn Hinchey were absent. Nardi Wilson
represented the Tri-City Planning Office. There were
approximately 20 people in the audience.
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Taylor stated that Kari Gabriel is replacing Jinn Atkinson on
the Board, and that Atkinson will be sent a certificate of
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appreciation for his service.
APPROVAL OF MINUTES
; Norton moved and Anderson seconded to approve the I
minutes of the Kalispell City Planning Board and Zoning
Commission regular meeting of July 13, 2004.
The motion passed unanimously on a roll call vote.
HEAR THE PUBLIC
No one wished to speak.
HEUSHER INITIAL ZONING
A request by Larry and Sandy Heusher for an initial zoning
UPON ANNEXATION
designation. of R-3, Single Family Residential and R-4, Two,
1 REQUEST
! Family Residential, on approximately 12.45 acres Iocated on
the east side of Country Way South between Granrud Lane
and Country Way upon annexation to the City of Kalispell.
STILLWATER BLUFFS
A request by Larry and Sandy Heusher for preliminary plat
PRELIMINARY PLAT
approval of Stillwater Bluffs, a 32 lot residential subdivision,
APPROVAL REQUEST
on approximately 12.45 acres located on the east side of
Country Way South between Granrud Lane and Country
Way.
STAFF REPORTS
?Varda Wilson, with the Tri-City Planning Office, gave a ,
KA.-04-9 AND KPP-04-10
presentation. of Staff Report KA-04-9, a request by Larry and
Sandy Heusher for an initial zoning designation of R-3,
Single Family Residential and R-4, Two Family Residential,
on approximately 12.45 acres located on the east side of
Country Way South between Granrud Lane and Country Way
upon annexation to the City of Kalispell, and KPP-04-10, a
request by Larry and Sandy Heusher for preliminary plat
approval of Stillwater Bluffs, a 32 lot residential subdivision.
Wilson stated this property was scheduled for a public
hearing in June but it was withdrawn by the applicants. She
said they are now requesting zoning, annexation, and
preliminary plat approval. She said the property is located
with Whitefish Stage to the east and Glacier Ci)MMGns
Kalispell C lt}, Naming Board
Minutes of the mming of August 10. 2004
fl,q tp. 1 4 15
immediately to the east, Buffalo Stage is to the south, and
Country Village is to the County R-1, Suburban Residential,
which has a one acre minimum lot size requirement. She
said all properties along Country Way South on the west side
are in the county, and everything to the east is in the city.
Wilson explained that the old Master Plan designated this
area as High Density Residential and it is designated as
Urban Residential in the Growth Policy, which is a change
from the old Master Plan. She said that Buffalo Stage was
approved in the county and annexed into the city, and that
some of that development was zoned but not developed at a
higher density.
Wilson explained that the city is growing in this direction as
utilities become available. She said that Country Way is a
County road until the southern boundary of lots 43B and 42,
then it becomes a private road easement until it intersects
Granrud Lane. Upon development to City standards the
section of road abutting the subdivision would be dedicated
to the Citv and open to the public. She said the City has
shared maintenance agreements with the County, and
maintenance would be coordinated with the County.
Wilson stated that this is an approximately 12.5 acre parcel,
and the applicants are asking for both single family and two
unit townhouses in the development. She explained the
property is 12.45 acres, with a loop road, and a cul-de-sac to
the end of the property. She stated the Stillwater Raver lies to
the west, so it is good view property; the slopes on the bluff
will be part of the common area, and the topo lines show a
few lots overlooking the bluff. Wilson stated there are some
two unit townhouses in the bluff area and the northern
entrance, with some single farcffly homes located at the other
entrance. She said the steeper areas are designated as
common areas and the homeowners park and the slope
requirements do not exceed more than 8 percent, so the
developers could create some park amenities there and that
is the reason for the park condition in the staff report.
Wilson explained that the slope is designated as common
area to protect it from development, so the developers will '
leave the vegetation in its natural state; there may be some
limited wildlife habitat in the area, and the Stillwater River
lies to the west, but there should not be impacts with regard i
to erosion. She said there is a little bit of floodplain relating
to the river, but this is well above that. She said that this site
has easy storm water management, with a natural retention
area to the north, and will act as drainage for the northern
properties as well. She stated the property is in the
Evergreen water district, with City sewer taken from the
Glacier Commons subdivision to the east. I
Kalispell tit-° Planning Board
Minutes of the =neeting ofAupust I;}. 2004
�P� -) nf 1 4
Wilson said the subdivision will be accessed via Whitefish
Stage Road, then down Country Way, which is a County road
developed to rural standards; the private road will be
upgraded to City standards to the southern terminus of the
property, dedicated to the City and open to the public. The
rest of the road will not be open to the public, but
development pressure will probably continue to move to the
south. She said the property owners have a single family
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home on the property now; they want to downsize and live in ,
the new subdivision., and that lots 20A and B may be used
either as a maintenance storage shed, a single family home
or a residential lot; those lots need clarification, fence
Condition 16 on the preliminary plat.
Wilson stated that a Homeowners' Association will be created
to take care of the common areas, with development
covenants also enforced by therm, not by the City. She said
the Growth Policy designates this area as Urban Residential,
with 4-12 dwelling units per acre, and must be served by
municipal water &. sewer; this development will be about 2.4
dwelling units per acre.
She said the staff is recommending adoption of Staff Report E
KA-04--9 and that this property be zoned R-3 and R-4, and
adoption of Staff .Report KPP-04-10 and preliminary plat
approval subject to the 17 listed conditions.
QUESTIONS BY THE Taylor asked what the differences were between this proposal
BOARD and the one withdrawn on June 9, because there are 2 more
single family lots with this project.
Wilson said there was a discrepancy in the topo on the
previous application, so the developer shifted lots a little bit
and included the lots at the end over the bluff; they
submitted a whole new application, so staff treated it as a
whole new project.
j Taylor asked Wilson if there was any way the City could
upgrade all of Country Way South from the north terminus
to Granrud Lane prior to any more development taking place.
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Wilson said that it is a private easement outside of the
k boundaries of this subdivision, so it is not open to the public,
and the property boundaries might explain it better. Lots 1
and 2 of Country Way property lines go all the way through
the roadway to the east boundary of Country Way South, so 3
F the developers have an access easernent from the adjoining j
property owners. She said that Stillwater 'Terrace is also a.
private easement and that the City could go through eminent
domain, but it won"t, and there is a lot of development
potential in the area, but it would be incremental as
develo went occurs and roads would be paid for by the
Kai€spell Cite Planning Board
Minutes of the meetinu of Auaust 10, 2004
yP-zr, ?4�
developer.
Hull asked about the gate at Granrud Lane and if it was a
permanent gate and hence there is no connection with
j Country Way.
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Wilson answered that is correct, there will be no connection
to Granrud Lane because it is a private road easement not
open to the public and that access must be from Country
Way, unless they could get an easement. She said the fire
department will not require a secondary access, but if it dil,
those property owners stifle the project. She said it would be !
nice to have a secondary access, but it is not a requirement
and won't be recommended in the conditions.
Hu'". asked if the road will be sealed forever.
j Wilson said she did not know, and it would depend on future
development and timing.
Taylor stated he would like to propose this issue for a work
session on the Growth Policy.
Wilson said the board could make a recommendation to the
city council on how this should be handled,
Hull stated it would be shortsighted to allow that barrier to
remain and we need those kind of connections.
PUBLIC BANG The public hearing was opened to those who wished to speak
on the; issue. �
APPLICANTIAGENCIES Rick Breckenridge, Montana Mapping, 1405 Highway 2 West, I
stated that the Heushers have lived on the property for 27
years, and want to retire in one of the townhouses on the
bluff. He said there is a hookup to sewer, and they are
proposing; a lift station to hook on to Glacier Commons. He 3
said that development out there has been slow, and the
E density of this subdivision is right in the middle of the range.
He said the primary access is off of Whitefish Stage to the
east, and there are also two alternative access paints off of
Reserve Drive going through Country Way. He said they
missed one point on the topo and it skewed the whole model
and so they did a redesign of the development, and the
maintenance/caretaker shop was added as a possibility; the
property owner intends to do the maintenance for a while. He
said the developers intended interconnectivity when they
built Country Wav in 1973 and that this project would not
have been attempted ;without sewer service.
Breckenridge stated that their proposal protects the natural I,
drainage-, there are bill trees, anal there is no standin water
Kaftspell City Planning Board
Minu[es of the =meting of _wait t TU. 1004
in the area. He said the common area is heavily treed, and
that lots of vegetation protects the slope down to the river.
He said the proposal is in harmony with the desires of the
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units per acre, and the developers want to maintain the
aesthetics of the area and that there are two alternative
routes besides Whitefish Stage. He said this project best
utilizes the land.
PUBLIC COMMENT j The following spoke in support of the project:
Sandy Heusher, 545 Country Way South, said they have
lived there for 27 years, and they have seen lots of change
and growth. She said her kids are gone and it is a lot of
property to maintain; this will be the best use out of the
property and they still wart to live there.
Brian Gardner, 525 Country Way South, neighbors of the
Heushers, stated the development out front was no surprise,
and they have full trust in the Heushers on this project; they
were a little disappointed, but the Heushers were free to
make those decisions, and it not going to affect their
relationship. He stated that County Way South used to be
open to Gran.rud at one point in time, but all sorts of traffic
used it without paying to maintain it; he said they now
maintain it. He stated the gate is not locked, but it is semi-
permanent, and that all public services were notified it was
going up and there were no issues with any of the agencies.
They put up the gate because the traffic was terrible, and it
was a cut across for lots of folks, but anyone can get through
in case of emergency. He said that Country Way South
properties will see a lot more traffic if they open that gate.
Greg Foley, 203 Fox Hill Drive, Kalispell, stated that he has
known the Heushers for a long time, the density in this
project is very low for the area, and they have a vested
interest because they are staying on the property. He said
that people will be coming in off of West Deserve and
Whitefish Stage, and that traffic concerns would be
minimized,
The following people spoke in opposition to the project:
Brent Higgins, 640 Country Way, stated that he presented a
petition signed by the vast majority of residents when the
proposal first carve forward and that the petition is still valid.
He said that Country Village was not surprised by the
development of the property, but they granted something
more complimentary to the neighborhood character and
setting. Thee feei the density is too high, and that the area
has historically been 1+ acre lots, and that development is
inovinv north but not in those densities. He said that Manly
Kalispell Citv Planning Hoard
Minutes of the ineeting of kuvust 10. 'M4
Plop 7 of 1
eight acres of the property are developable, and they are
much smaller lots than Glacier Commons or Buffalo Stage,
with a 1/5 acre lot size. He said the density is too great, and
it will change the character of the neighborhood. He said the
j traffic issue will directly affect therm and change their
neighborhood, and the road was not created to handle this
type of traffic; there are children who play in the area, and
there is a rural setting on the road and it will all change now.
He stated that South Country flay was closed because of
traffic and now they will be getting traffic from another
neighborhood. He said the subdivision traffic should be
routed out to Granrud and not their street. He said there is
more potential for environmental concerns, and there are
potential runoff issues to the river, and possibly species
issues, because there is bull trout in some areas. He stated
they could live with some traffic if the density Mould match
their neighborhood of one acre lots.
Nathaniel Higgins, 640 County Way, said that he lives on a
two acre lot right by this property, and the road would be
covered with traffic and he won't be able to play with his
friends because the road will be busy, he will no longer be
able to ride his bike to school and will have to be dropped off
] at school by a parent.
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Taylor asked B. Higgins to tell him more about the petition �
and when it was prepared.
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j Higgins said the petition was done prior to the June meeting
and provided to Tri-City, and was signed by the vast majority
of property owners in Country Village. He said many of them
were surprised by the proposal, and were unaware it was i
happening. He said the petition should have been given to
Tri-City three days before the June meeting.
No one else: wished to speak and the public hearing was
closed. E
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The board took a five minute intermission.
MOTION � Anderson moved and Johnson seconded to adopt staff report `
KA-04-9 as findings of fact and, based on these findings, {
recommend to the Kalispell City Council that the initial
zoning be R-3 and R-4, Single and Two Famiiv Residential,
upon annexation to the City of Kalispell.
BOA DISCUSSION ! Taylor stated that during the intermission he was given the
3 petition that was talked about earlier. He said the original
project was taken off the agenda for the furze meting, so the
Board did not see the petition and the petition was not
resubmitted for this proposal. He said the Board has heard
from some people who live quite fax .from the development.
Kaiispe[I City Planning Hoard
-Ainuws ofthe meeting :)f August 10, 2004
P.,we 6 of 1 y
and that property owners within 150 feet are seat a certified
Imail letter giving them notice; that does not preclude them
from speaking at the public hearing. He read into the record
the petition (minus narxaes) as follows. -
"We the undersigned request the denial of the zoning change
and preliminary plat for the Stillwater Bluffs development.
I This proposed development does not match the character,
l i density and historical makeup of the surrounding area. The
[ existing area is made up of large lot properties and zoned
County R-1. The recent annexation and zoning change for ,
Glacier Commons was to RA-1. This would place an island of r
high density within the low density surrounding area. The
one acre +/- lots would be consistent with the neighborhood
and nothing higher than an RA-1 should even be considered.
The proposed access through Country Village Subdivision for
a development of this density will double or triple the current
traffic. The County Way road was not constructed nor
j designed for this level of traffic flow. Country Village will be
heavily impacted, and its feel will substantially change with
the burden of potentially 200 additional vehicle trips per day.
We therefore find the proposed subdivision unacceptable: and
urge that it be reworked to be consistent with the
surrounding neighborhood and mitigate the impacts on the
existing Country Village subdivision."
Johnson stated that the petition was for another submittal,
not this speck submittal. He said he says he has a problem
with words like; "vast majority", "1 represent" and "many more
folks"; none of this can be validated and should not be a part
of the hearing. He asked, "how can Mr. Higgins say he
represents the vast majority?" and said he is disturbed when
people say `vast majority" and "I represent" without election
or direction. He said we have no idea who these people are
and he puts no validity in any of it.
Taylor stated that R-3 and R-4 are within the parameters of
! the Growth Policy, and nothing states an R-3 or R-4 can't be
there. He said it may be preferred to be one or more acres,
but the area was addressed in the Growth Policy and the
map shows just as much of an access frorn the west onto
Country Way as there is from the east. He stated that
perhaps Country Way was not intended to be a gathering
street, but we canstop what is happening, we just have t n.o j
plan efficiently for it. He said we can't close off development.
E E
Hull stated we have been through this before where County
zoning meets City zoning, and having sewer means smaller
lots. He said there isn't much the board can do, and this is
! where the city is going, and it is not out of character, and he
sees no problem with this project. He said he does have
concerns with the road being blocked off, and maybe some
-traffic caimintz Devices will -be necessary.
Kalispell City Planning Board
Minutes of the meeting €3f August 10. 200
�P,rOea7ofl
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Anderson said she had a concern with traffic onto Whitefish
Stage, but based on the reap; she feels people will. use
Reserve too. Emergency access will not be a problem and the
project could have been a lot bigger. She said the project will
look nice and she commends the Heushers.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Johnson moved and Anderson seconded to adopt staff report
KPP-04-10 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the preliminary
plat for Stillwater Bluffs be approved subject to the listed
conditions.
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DISCUSSION
' Taylor stated that Hull echoed his thoughts regarding
Granrud Lane as another access and asked if their hands
were tied unless the City goes with eminent domain.
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Wilson stated the board could add a condition that would ,'
jencourage the adjoining property owners to acquire an
!easement along Country Way South for emergency access
purposes, but she doesn't believe they would be willing to
open it as a public street. She stated that future development '
should solve the issue.
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Taylor said his concern was for general access, unless the
j City would condemn the property and pay fair market value '
1 for it, then the City would have to upgrade it.
Wilson said this was a matter of principle, and the City has
not been willing to use eminent domain as a policy. She said
it was a philosophical issue.
Hull stated the board can go on record stating they will allow
no more development to the south unless Granrud Lane can
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be opened up and that we need adequate connections.
[ F
ROLL CALL
j The motion passed unanimously on a roll call vote.
RICE ZONING TEXT
j A request by William C. Rice to amend the Kalispell Zoning �
AMENDMENT- REQUEST
Ordinance to allow decks less than 30 inches in height to be {
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constructed in the setback areas in all residential districts.
STAFF REPORT TA-04-5
€ Narda Wilson, with the Tri-City Planning Office, gave a
presentation of Staff Report KZTA-04-55, a request by William
C. Rice to amend. the Kalispell Zoning Ordinance to allow
decks less than 30 inches in height to be constructed in the
+ setback areas in ail residential districts.
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Wilson said this zs a requested amendment to the zoning:
ordinance as to how decks less Than 30 inches in height
'Kafisie11 City Pfanning Board
Minutes of the rneetin,g of August 10, 2004
Pa<'e 8 of 1
would be treated. She said there is a tri-plea next to the
Birchwood Apartments on Sth Avenue East and that decks
were built on the units, but they are not in compliance with
the zoning; they are not specifically excluded as part of the
structure and intrude into the setback areas.
Wilson read from the Kalispell Zoning Ordinance that minor
characters such as fences less than 6 feet, driveways,
retaining galls, patios, or any improvernent of a minor
character less than 3 feet in height can be in the setback
areas, but not open decks. She said there is a fine line
between appropriate encroachment and not and that
uncovered or covered decks are not alloyed in the setback
area. She said this is a proposal to allow encroachment into
the setback area of up to 50%. She said that Columbia Falls,
Whitefish and the County each have different requirements.
Wilson said staff is recommending that the board consider
whether these are appropriate to encroach into the set back
area if they less than 30 inches in height, and how- much can
they encroach. She said staff looked at the rear and side
setbacks, but not the front setbacks, although the applicants
decks encroach into the front yard setbacks on Fifth Avenue
East.
She said the rear of the buildings face the front yards of 5th
Avenue East and encroach into those front yard, setbacks.
She asked, can these decks encroach into the front yard
setbacks? Staff feels it may not be appropriate in front yards
because of activities like barbecuing, etc. Wilson stated that
staff is recommending adoption of the staff report to create a
new section in the Kalispell Zoning Ordinance under Section
27.22 under "Decks".
QUESTIONS BY THE j Taylor asked if the encroachment is allowable for an at -grade
BOARD improvement, meaning a patio.
Wilson said yes, the only difference is that elevated
structures 30 inches high or more cannot encroach, and 30
inches is the building code minimum for having railings.
Taylor asked how wide spread this is, and is it only the
applicant's problem?
Wilson said this may be occurring unknowingly in other
areas of the city, but since this is new construction it came
to light. She stated the board may want to consider how to
handle the front yard setbacks with decks in the front yard if
they approve this tonight.
Wilson went on to state this situation is not a good candidate
for a variance, because specific criteria must be net and this
Kailsnell Cltr Plaanintr Board
Minutes €7fthe meetinET ut'Au,ust 10. 1004
Pasze 9 of 15
applicant could not meet it those criteria. She stated that if
they do not pass the amendment tonight, those decks would
exist as a violation and he could not meet the variance j
c .liei ia_
Taylor stated that this amendment may open the door to a
whole host of problems.
Wilson stated the question was as this situation similar �
enough to an at -grade improvement to allow the
encroachment?
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PUBLIC HEARING
The public hearing was opened to those who wished to speak
on the issue.
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APPLICANTS/AGENCIES
j Bill Rice, 155 East Nicklaus, stated that his intention was
that decks less than 30 inches high be included in all E
setbacks. He said the drawings of the decks were not
included on the initial permits, and that was why it was not
caught earlier. He said they have built townhouses at Village
Greens, and there axe 10 foot decks in the 20 foot setbacks_
He stated he did not realize the setbacks were there and
thought the decks were allowable in the setback. He asked if
he can put in an at --grade patio, why not a 30 inch high deck E
and are decks in the front yard a bad thing; Missoula allows
them for more of a neighborhood feeling. He stated that
barbecues, etc. are held in more private back yards and that
E apartment complexes where the building configurations abut
a front yard setback will be a problem.
PUBLIC COMMENT
Wendy Waymen, 1512 Fifth Avenue East, gave the Board a
written statement, attached hereto and made a part hereof, �
and stated that she is available for questions.
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The Board took a few minutes to read Waymen's statement.
No one else wished to speak and the public hearing was
closed.
MOTION
Taylor moved and Johnson seconded to adopt Staff Report
KZTA-04-5 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the Kalispell
Zoning Ordinance be amended to allow uncovered decks less
than 30 inches in height to encroach into the side yard anal
rear yard setback areas.
I BOARD DISCUSSION
Hull stated that he is opposed to this amendment and that it I
is not a good idea. He said that a 30 inch deck is too high,
and it would cause trouble and neighborhood conflicts I
evertnvhere.
'Kalispell Cis Planninsi Board
�L inuies of tie meetin, of _august 1€ , 2004
Papa if) of 1 5
Norton stated that this is the wrong course of action to go
here; he has sympathy for the builder, but 30 inches is too
high. He said that he is a little torn, but the neighborly
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very important.
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Taylor said this does not address Mr. Rice's concerns for the ;
fronts of the properties, and he does not want front decks
protruding 50% into front setbacks. He said he is not in favor
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of the amendment.
ROLL CALL
The motion failed unanimously on a roll call vote.
[ CITY OF KALISPELL
A request by the City of Kalispell to clarify the creation of
ZONING TEXT
sublots in townhouse developments and to provide
AMENDMENT REQUEST
consistency in the referencing of dwellings as permitted and
conditionally permitted uses in the various zoning districts.
STAFF REPORT KZTA-04-4
Narda Wilson, with the Tri-City Planning Office, gave a
presentation. of Staff Report KZTA-04-4, a request by the City 3
[€ f
of Kalispell to clarify the creation of sublots in townhouse
[
developments and to provide consistency in the referencing
of dwellings as permitted and conditionally permitted uses in
the various zoning districts.
Wilson stated that this amendment was initiated by the City
of Kalispell and deals with the creation of sublots and some
j residential uses in the Kalispell Zoning Ordinance. She
stated that there are inconsistencies in the zoning ordinance
in how townhouse lots are addressed and that "multi -family"
is referred to throughout the zoning ordinance variously as
apartments, multi -family dwellings, or dwellings - multi-
' family.
j Wilson explained the changes to the zoning ordinance, which
I allows the creation of sublots with a conditional use permit j
in conjunction with a clustered dwelling in all of the
E residential zones; the R-4 zone allows duplexes as a
permitted use, so two unit townhouses are also a permitted
use; a cluster dwelling of three or more would require a CUP.
She said all residential zones would get the same treatment
and multi -family dwellings typically require a conditional use i
permit; this provides consistency with. how They are
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addressed.
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She stated that in the commercial zones, multi -family,
duplex and single family uses are suggested to be added as a
conditional use. She said that the B-3 zone does not now
allow residential uses, but the B-2 does; multi -family
dwellings are allowed in the B-4 zone above the first story if'
the primary use is non-residential.
Ka]isped City Manning Board
Minutes of the meeting of August I?004
pazeilof15
Wilson explained that staff also clarified the definition of
when sublots can be constructed: any zoning district which
permits multi -family dwellings, townhouse dwellings or
4]LtJl 11ts c,( ,�, L,Lc� cs.tlu are JLl'--J1 LV w��-i.�-J i.ii V3Jloi1 ajaVJ-UVCLL CXI.L%i,
if required, a conditional use permit. She said staff also
clarified density in cluster developments and common areas,
and created a definition of sublots which talks about
separate ownership of parcels - that portion of land conveyed
to an individual.
In closing, Wilson stated that staff wanted to bring
consistency to sublot creation and to residential uses in the
jcommercial zones. She stated staff recommends adoption of
KZTA-04-4 and recommend that the amendments be made
as outlined on Exhibit A.
QUESTIONS BY THE
Norton asked where it talks about the setbacks.
BOARD
Wilson answered the setbacks are determined by the
underlying zoning district the project is in, are reviewed at
the preliminary plat and created at final plat review. She
explained it was a zero lot line, would apply to the entire area
of the platted lot and stated that Section 27.22.130(2)
specifies that the shared interior property boundary is
anticipated to be developed at a zero lot line.
There was a lengthy discussion regarding setbacks, yard 1
requirements, property development standards and different 1
1 C.1051�I1 SLcIEl(1dFCiS lUl" �U€J1UL�. `
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Wilson suggested additional language be added to the zoning
ordinance under 27.22.130(2) under Sublots that reads
"Yard height and area requirements of the district shall apply
1.
to the entire area of the lot with the common interior
[ property boundary anticipated to be developed at a zero
setback."
i
There was a question about detached single family houses on
sublots.
3
Wilson stated that our standards may dictate a certain
design that may not be what we are after, and suggested that
E a workshop be held regarding creative alternatives to ?n.fill.
i
PUBLIC HEARING
The public hearing was opened to those who wished to speak
i
on the issue.
R-42PLICANTS/AGENCIES
PUBLIC COMMENT
No one wished to speak and the public hearing was closed.
Kaiisoell City :'canning Board
'WU etas ofthe roeetlni-y Of e�?aVust c0. 1004
Pane t2 cat 15
MOTION
Taylor moved and Norton seconded to adopt Staff Report
KZTA-04-4 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the Kalispell
Zoning Ordinance be amended to clarify me creation of
[
sublots in townhouse developments and to provide
consistency in the referencing of dwellings as permitted and
conditionally permitted uses in the various zoning districts
and that Section. 27.22.130(2) be amended to specify that the
shared interior property boundary is anticipated to be
developed at a zero lot line.
BOARD DISCUSSION
Hull stated that allowing single family residences to exist in
the commercial zones would be incompatible.
Norton said that the market will drive the highest and best
use for the property, and that if there is a changing use in
the neighborhood, the market will take care of it.
I Wilson said we are seeing the benefit of mixed use zones now
and that some areas of single family residences are in areas
zoned commercially-, they are a nonconforming use and are
subject to restrictions. She said this would allow them to i
become conforming uses in the district.
i
'ROLL CALF.
The motion passed 4-1 on a roll call vote.
CITY OF KALISPELL
A request by the City of Kalispell to amend lot coverage limits
ZONING TEXT
and to amend how lot coverage is calculated in the various
.AMENDMENT REQUEST
zoning districts.
STAFF REPORT KZTA-04-6
Narda Wilson., with the Tri-City Planning Office, gave a
presentation of Staff Report KZTA-04-6, a request by the City
of Kalispell to amend lot coverage limits and to amend how
lot coverage is calculated in the various zoning districts.
Wilson explained that this is coming before the Board I
because the City has had trouble with calculating the lot
coverage on some townhouse lots, primarily in Empire
Estates, and asked PJ Sorenson., Zoning Administrator for
the City of Kalispell, to explain further.
jPi
Sorenson., zoning administrator explained that lot
I coverage is more of a problem in the residential zones, €
because it is not generally an issue in the business zones. He
said a residence could only cover a certain percentage of a '
lot, depending on the district; in the R-3 it is 30% and in the
R-4 it is 451/1o; Empire Estates is at 45% coverage. He stated
the coverage excludes driveways and m nor embellishments, €
but anything covered by an eave is counted, including decks
i
I over 30 inches.
Kaiispell City Manning Board
Minutes of the meeting ofAupst 10, 2004
Sorensen said single family residences do not have this
problem., but townhouse lots do; Empire Estates is 40 by 90
for a sublot (7200 square feet for a parent lot and 3600
t .. ,.i i.. n�� r.. i`
squaTQ iCCL 101- U SLIDIVL); UlUr� L.M-Ul ivuu square leeL U1 11UUr
area is hard to attain. He said that developers either reduce
the eave size in order to get more square footage, which
interferes with aesthetics, reduce garage sizes to one car
garages, or move to two story construction, which
counteracts the market force for townhouses.
j Because builders rarely use an eave size of more than two
feet, staff is recommending excluding eave coverage from the
E lot coverage total to allow more fle,ibility in design plans.
[ They will continue to be included in setback calculations. i
Wilson stated that staff is recommending adoption of Staff
Report KZTA-04--6 and recommend to the Kalispell City
Council that the definition of lot coverage be amended in the
Kalispell Zoning Ordinance.
PUBLIC HEARING
The public hearing was opened to those who wished to speak I
on the issue. E
APPLICANTS{AGENCIES
PU$LIC COMMENT
1
No one wished to speak and the public hearing was closed_
MOTION
Hull moved and Taylor seconded to adopt Staff Report KZTA-
04-6 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the Kalispell
Zoning Ordinance be amended to amend lot coverage limits
and to aniend how lot coverage is calculated in the various
j
1
zoning districts. '
BOARD DISCUSSION
Hull said he is very much in favor of eaves.
Taylor agreed with Sorenson that eaves make a place I
aesthetically pleasing.
ROLL CALL
I
1 The motion passed unanimously on a roll call vote_
i
1 OLD BUSINESS
There was no old business.
NEW BUSINESS
Taylor suggested that a presentation be given by Wilson in
i
September regarding the Western Planners Conference and
information from Rocky Mountain. Institute Land Use �
conference she attended in Missoula recently.
I
Wilson was agreeable to a presentation and shared a little bit
of information, including some neighborhood clustering
Information and innovative infL1 desio concepts.
Kalispeil City Planning Board
Minutes of the meeting of August 10, _004
l��aa. I A 'd I
ADJOURNMENT The meeting was adjourned at approximately 9:50 p.m. The
next meeting of the Kalispell City Planning Board and Zoning
Commission will be held on Tuesday, September 14, 2004.
George Taylor
President
Judi Funk
Recording Secretary
APPROVED as submitted/corrected: f /04
Kaiispeli t n, i'!annin; Board
Minutes ofthe meeting of_Augusi i0, -1004
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