Planning Board Minutes - April 8, 2014KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 8, 2014
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, Ken Hannah, Charles
Pesola, Richard Griffm, Rory Young and Steve Lorch. Matt Regier
was absent. Tom Jentz, Kevin LeClair and P.J. Sorensen
represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Pesola moved Griffin and seconded a motion to approve the
minutes of the March 11, 2014 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
A RAY OF HOPE
A request from "A Ray of Hope" a not -for -profit organization for a
CONDITIONAL USE PERMIT
conditional use permit in order to construct a homeless shelter to
accommodate up to approximately 15 women and children at any
time. The property is located at 106 5th Avenue West and contains
an existing single-family residence. If the CUP is approved the
existing will be demolished to make way for the new structure.
STAFF REPORT KA-14-01
Kevin LeClair, representing the Kalispell Planning Office reviewed
Staff report KCU-14-01 for the board.
LeClair reviewed the location of the property and the surrounding
zoning for the board. He displayed a rendering of what the shelter
may look like when completed and conceptual elevation drawings.
The Architectural Review Committee felt the renderings were
consistent with the architecture in the neighborhood and would fit
in well provided some small changes are done so the structure
would fit better on the site. The lot is a standard size for a
Kalispell Original Townsite property. The property lies within a
transitional zone of the more intense commercial development to
the north, the Core Area, to the west side residential neighborhood
to the south.
LeClair reviewed the surrounding uses noting this property is
adjacent to the existing Ray of Hope shelter and their thrift store.
The house currently on -site is in an advanced state of dilapidation
and the proposal is to remove the home to make way for a new
shelter.
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Minutes of the meeting of April 8, 2014
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Staff recommends that the Kalispell Planning Board adopt staff
report KCU-14-01 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the seven conditions listed in the staff report.
BOARD DISCUSSION Griffin was concerned the proposed structure would be
encroaching on the setbacks and LeClair noted the side setbacks
are 5 feet in this zoning district and there will probably be some
modifications. LeClair briefly reviewed other comments made by
the Architectural Review Committee.
Griffin asked for the off-street parking requirements for an RA-2
zone and LeClair noted the use of the property determines the
parking requirements and where a single family structure requires
two parking spaces the proposal for the shelter is to remove the
garage and provide 5 parking spaces in the rear yard. The rationale
for 5 spaces would provide some parking but also provides green
space for the residents.
Griffin referenced the letter from Rick Hull requesting a higher
fence between the properties and LeClair noted a 6 %2 foot fence is
the maximum height unless you are in the front yard setback and
then it drops down to 4 feet. It is up the owners to decide the
height.
Hannah asked if the 50% lot coverage for this zone includes the
parking area and LeClair said that is just structural coverage.
Young asked how staff determines which items from the zoning
ordinance to highlight for conditions of approval and LeClair said
conditions are included is a communication tool to the applicant,
especially if they are not professional developers, to help them
understand the steps in the process that need to met before approval
can be granted. Young said they then understand that although
these are the conditions that are highlighted they are not necessarily
the only conditions that apply and LeClair said yes.
Griffm added also mentioned in Mr. Hull's letter is the existing
building on this property is currently listed on the National Register
of Historic Places and he asked how that will be addressed.
LeClair said he contacted the State Historic Preservation office and
asked what our obligations are. They responded because there are
no federal dollars or permitting associated with this building there
is no obligation to report or notify any other agencies of the use of
the property. There is also no prohibition upon the removal of the
structure just because it is on the national register. They did say
they would appreciate it if we notified them if the structure is
removed.
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Graham said a certain state of disrepair on a project, even though it
is on the register, may not be restored to its prior glory and moving
the house to a different location may not be viable either. LeClair
agreed and added looking at the current state of the structure the
cost to benefit of trying to save it or move it would certainly be
high.
PUBLIC HEARING
Cindy Dickens, 133 6 Avenue West stated she lives right up the
alley from the Ray of Hope and she isn't happy about this. As it is
now they have all kinds of traffic coming up and down the alley, on
foot, in vehicles, and they have had several break-ins in the
neighborhood. The thrift store's donations used to be set out back
and currently they are using the garage for the donations which has
cleaned up the area a bit. If this becomes a homeless shelter and
the garage is removed once again the donations will end up in the
alley which attracts more people because they are digging through
the donations. Dickens noted there have been some instances of
attempted break-ins and added she is missing stuff from her house.
She thinks it is a great thing to provide a shelter for homeless
people but it would nice if they could relocate it or at least take the
money and upgrade the thrift store and the current shelter building.
Gary Phelps, the general contractor on the project noted the issues
brought up by Ms. Dickens have been included in conversations
with the designer and the Ray of Hope staff and supporters. As far
as the thrift store and the Ray of Hope in general they have had a
lot of discussions about the need for clean-up with the present
operations and the new facility and how that all will be handled.
Phelps suggested the board add a condition or require that the
administrators submit a plan on how they will address these issues.
Phelps continued as far as the break-ins and theft there is theft, or
the potential for theft, in any neighborhood and he certainly
wouldn't want to accuse anyone from the Ray of Hope for this type
of behavior.
MOTION
Pesola moved Hannah seconded a motion to adopt staff report
KCU-14-01 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be approved subject to
the seven conditions listed in the staff report.
BOARD DISCUSSION
Hannah said this is a good project and a rehabilitation of this
property. A Ray of Hope is doing what they can to keep the
architectural elements fitting with the character of the
neighborhood. It is a permitted use of the property with the
conditional use permit and it fits in with the mission of A Ray of
Hope. Hannah supports the motion.
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Griffin asked if this property will then be removed from the tax
rolls and LeClair said they are a 501 C3 non-profit agency and they
can apply for a tax exempt status.
Lorch said he supports the use of this property due to its location in
this transition area between residential and more intensive
residential and commercial uses. Lorch suggested requiring a
privacy fence between the subject properties as requested by Mr.
Hull.
MOTION TO ADD Lorch moved and Griffin seconded a motion that would require the
CONDITION owner of the property install a 6 foot privacy fence between the
subject property and the property to the south.
ROLL CALL — MOTION TO ( The motion passed on a roil call vote of 5 in favor and 1 opposed.
ADD CONDITON
BOARD DISCUSSION Lorch addressed the relationship between the thrift store and this
property. If they plan to remove the garage the thrift store should
be encouraged to respect their neighbors' concerns and do a good
in taking care of the donations so it doesn't become an attractant
and a nuisance.
Chris Trussell, Trustee of A Ray of Hope said the garage was
alleviating the issues with people leaving donations outside. He
added they have now built an annex in the back of the building and
are filtering the donations from the garage into the back of the thrift
store. Graham asked if there would be space on the other property
for a small garage/storage building and Trussell said that is a
possibility. Trussell added in regard to parking a lot of the people
living in the shelters do not drive so there shouldn't be a big impact
on parking in the area.
LeClair said it was just pointed out to him that in the zoning
ordinance there is a category for shelters, public and private, that
requires one parking space per 5 occupants so the 5 parking spaces
is within the boundaries of the requirements. That would allow for
three spaces for residents and two spaces for staff.
Griffin asked if a conditional use stays with the property and
LeClair said yes, it does. LeClair explained further.
The board discussed options for containing the thrift store
donations that would require donations be placed out of public
view within 24 hours of drop off. LeClair noted conditions can
only be placed on the property being reviewed for the conditional
use permit and not another property. Further discussion was held.
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Trussell said they want to be good neighbors and it has gotten
better and knowing the garage will be removed they have already
made adjustments for where the donations will be stored. Trussell
added the guidelines are when items show up outside it goes inside,
period.
ROLL CALL — ORIGINAL
The motion, as amended, passed unanimously on a roll call vote.
MOTION
FCEDA ANNEXATION AND
A request from the Flathead County Economic Authority (FCEDA)
INITIAL ZONING
for annexation and initial zoning of 40.32 acres from County
(Industrial) to City I-2 (Heavy Industrial). The applicant intends to
develop the site as a rail industrial park and utilize city services.
The properties are located east of Whitefish Stage Road and West
of East Oregon Street, northeast of the city limits of Kalispell.
STAFF REPORT KA-14-02
Kevin LeClair, representing the Kalispell Planning Office reviewed
Staff report KA-14-02 for the board.
LeClair reviewed the location of the property and surrounding city
and county zoning. The growth policy identifies this property as
industrial and the I-2 Heavy Industrial zoning designation, which is
the zoning requested by the applicant, would be consistent with the
growth policy.
LeClair reviewed the cost of services analysis that was provided to
the board in their packets. Initial costs of adding the public right-
of-way would be a cost burden to the city to have to own and
maintain those roads and with no real tax revenue expected there
would be a slight cost to the city upon annexation. At a 50% build -
out scenario the revenue goes up markedly while the cost of service
is low; and then at 100% build -out the costs go up slightly while
the net revenue increases considerably.
Staff recommends that the Kalispell Planning Board adopt staff
report KA-14-02 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 I-2, Heavy Industrial.
BOARD DISCUSSION
Young said it doesn't appear that the property is contiguous with
the city limits and LeClair said the city has the ability to annex any
property as long as it is within the growth policy boundary and it
does not have to be contiguous. Jentz reviewed the different
methods of annexation for the board.
Young noted the map provided by staff for the properties to be
annexed is different from the map provided by KLJ and LeClair
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said the exhibit that was provided included a portion of Whitefish
Stage Road and East Oregon Street. According to the county the
taking in of those roads allows the city to bring them up to city
standards upon development. Young added so the 3400 lineal feet
of road that appears in the cost of services analysis is the total of
those roads which would then make this property contiguous and
LeClair said yes.
Griffin noted industrial sites have a tendency to not make good
neighbors and he asked if the city has ordinances in place that
control air, dust, noise, smells, etc. that could potentially impact the
neighbors. LeClair said there are certain things in place such as
hours of operation but for the most part in an industrial zone those
are the kind of impacts that are expected to happen. Jentz said
there isn't a regulatory structure that addresses those impacts and
he noted this property has been zoned as a heavy industrial site for
about 75 years. The health department does have regulations
regarding dust that can be addressed but it really comes down to
being a good neighbor. Jentz added the targeted uses must be
specifically rail orientated and not necessarily associated with
manufacturing and processing but more shipping, collection, and
repackaging.
Griffin pointed out differences in the maps being displayed and the
ones that were sent out in the packets. LeClair explained the
difference between the R-5 and R-4 zones. (Staff note: The maps
have been reviewed and corrected for the packets that will be
forwarded to the city council.)
Lorch stated that he works for the Montana Department of Natural
Resources and Conservation and their agency is an adjoining
landowner to this site. Lorch said he does not stand to gain either
personally or financially in regard to the development of this site
but wanted to let the public know. The board asked a few
questions of Lorch and no board member objected to his
participation in these discussions or vote.
Lorch asked if there were any adjoining landowners who contacted
staff regarding this annexation. LeClair said there have been some
conversations with a neighbor located north of Oregon Street who
had concerns about the development into an industrial park and
staff encouraged them to come to the meeting or put their concerns
in writing so they can be addressed. DNRC, DEQ and MDT have
also submitted letters. LeClair noted access to and from the rail
park is proposed along Montclair out to U.S. Highway 2 so all of
the truck traffic would be exiting to the east and out to Highway 2
to a conceptually planned signalized intersection. No truck traffic
would be coming into the City of Kalispell from this site.
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Lorch asked if there is any riparian frontage toward the west end of
this property and at what point in the development process would
any of the standards apply to protect the integrity of the river
corridor and consider fixture pedestrian access. LeClair said at the
bridge along Whitefish Stage Road there is triangular portion of the
property that goes out over the river so yes, there is some riparian
frontage on the property. In early discussions of that area it would
be set aside as a common area tract but it is undevelopable land
because it is north of the access road that comes into the property
from Whitefish Stage Road. Jentz noted an environmental
assessment was completed in anticipation of working with FCEDA
for Federal funding of the project and they contacted the U.S. Fish
& Wildlife Service and Montana Fish, Wildlife and Parks and
described the use proposed for this area. Those agencies thought
the use would be appropriate and they see no impacts. This
discussion will again be held during the preliminary plat review.
Hannah said providing cost of services analysis using multiple
stages of the project is very helpful. Hannah noted Section 4 is a
loss of about $5000 upon annexation and asked if that is attributed
to the acquisition of East Oregon Street and a part of Whitefish
Stage Road. Hannah also asked will the loss exist every year until
build -out occurs and LeClair said yes and added it is a theoretical
loss because we have cooperative maintenance agreements with
Flathead County where we maintain certain roads that are theirs
and they maintain certain roads that belong to the city. It adds to
our inventory but we would work out a cooperative maintenance
agreement with the county.
LeClair reviewed where the figures come from for the cost of
services analysis that is provided to the board. There was further
discussion regarding tax revenue lost from businesses moving out
of the downtown area; reclamation of those sites for
redevelopment; increase in property values; and taxes, if any
generated from the rail line.
Hannah said it appears there will be approximately 20 lots platted
and he asked if the developer/city staff knows how many of those
lots will be consumed by Cenex and LeClair said no. Jentz noted
when looking at industrial land you are looking at the total square
footage so if there were 20 small users or six large users the impact
would be the same. We encouraged the developer to look at a
larger number of lots so that as developers or builders come in they
can build to suit the particular business. Jentz explained further.
LeClair said the land is currently bare and practically unusable and
a significant amount of development has to take place on the site
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before tenant one can even move in and that will increase the value
of that property significantly.
PUBLIC HEARING Willy Loop, Northwest Truck Repair stated his big concern is why
would the city need industrial zoning and what the cost will be to
run the utilities to this property. The water main will have to come
down Oregon Street which means they will have to rip that street
up and it will impact his customers. Also there is no guarantee that
there will be a bunch of people moving into the industrial park.
How long will it take to get that revenue back into the city?
Jennifer Jeffrey stated she works at Northwest Truck Repair and
asked how many years will it take for 50% build -out; she thinks it
is premature to annex the industrial park when there are no
businesses to move there; and why the city would spend all this
money to improve the property with no guarantees. Jentz said the
city doesn't spend the money to put in the improvements the
developer will be paying for the cost of those improvements. Jentz
reminded the public that they are currently only addressing
annexation of the property which is the first step of many. The
details of the preliminary plat will be discussed by the planning
board in a few weeks. Jeffrey asked if Evergreen sewer and water
is available and Jentz said they do not have the capacity to serve
that site and that is why they are requesting annexation into the
city.
Kellie Danielson stated she lives at 12 Wheatgrass Lane and works
at Montana West Economic Development which is the
management arm for the Flathead County Economic Development
Authority. She has visited with Mr. Loop several times and they
would be happy to continue to answer any questions and share the
information with them. Northwest Truck Repair is a very viable
business that is greatly needed in this valley and FCEDA wants to
be good neighbors.
Danielson said they have worked extremely hard on this project for
the last couple of years and the tax value will increase because the
companies that will move into the park will spend beyond what
their current facilities and infrastructure is at value right now. In
addition the plan is then to improve the properties that will be left
behind from those relocating companies and make them very
valuable to developers out in the marketplace.
Turner Askew, FCEDA Board Chairman reviewed the value of
moving the properties from the downtown core area to the rail
park. He said they plan to spend a lot of money, trying to get all
the financial help they can get to make it work. It is an urban
renewal project and there may be some inconveniences but that
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happens and they will work around that to make it work for
everybody.
MOTION
Hannah moved and Lorch seconded a motion to adopt staff report
KA-14-02 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 I-2, Heavy Industrial.
BOARD DISCUSSION
Hannah stated he knows this property will generate revenue when
completed and his questions were intended to let the tax payers of
the City of Kalispell know that the board is doing their judicious
review of the property and making sure that it will not be a drain on
the city. Hannah supports the annexation of the rail park and he
thinks it will be wonderful addition to the City of Kalispell and he
added it is needed for the Core Area project downtown to even start
moving.
Graham said he agrees with Hannah and when he sees the cost for
services to maintain the current roads he knows it is on a sliding
scale and won't be a yearly cost. Graham wholeheartedly supports
this project. He sees the potential of removing the tracks and
moving the businesses that use the tracks and opening up the area
to new business opportunities. The planning department has put a
lot of work into the Core Area redevelopment and the wheels are
finally starting to turn.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Jentz reminded the board members who plan to reapply for their
board seat to get their letter in to the City Clerk's office.
Young asked for an update on the West Side Parking SID/Flathead
High School parking issues and LeClair said the last conversations
that he had with the neighbors is they took a hiatus during the
winter and he is setting up a meeting for next week for the core
committee to reconnect on progress with the intent of putting
together an agenda for a neighborhood -wide meeting the first or
second week in May. Then a proposal will be submitted to the
planning board for review and a recommendation to the city
council.
NEW BUSINESS:
Jentz noted there will be a special meeting on April 22nd to discuss
the general site plan for the rail industrial park and hold the public
hearing on the preliminary plat.
ADJOURNMENT
The meeting adjourned at approximately 8:25 p.m.
WORK SESSION
A work session was held immediately following the regular
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Minutes of the meeting of April 8, 2014
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meeting to discuss the following item:
1. Continuation of the Growth Policy Update.
NEXT MEETING A special meeting is scheduled for April 22, 2014 beginning at
7:00 p.m. in the City Council Chambers located at 201 1st Avenue
East in Kalispell.
A next regular planning board meeting is scheduled for May 13,
2014 same time and location.
Chad Graham
President
APPROVED as submitted/corrected: / /14
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of April 8, 2014
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