Planning Board Minutes - August 12, 2014KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 12, 2014
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were: Chad Graham, Charles Pesola, Rory
Young, Matt Regier, and Karlene Osorio-Khor. Steve Lorch was
absent. Tom Jentz, Kevin LeClair and P.J. Sorensen represented
the Kalispell Planning Department.
APPROVAL OF MINUTES
Pesola moved and Osorio-Khor seconded a motion to approve the
minutes of the June 10, 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
No one wished to speak.
BRIGHT VIEW
A request from Montana Department of Natural Resources and
SUBDIVISION, PHASE 2 -
Conservation_ (DNRC) for the subdivision of 25.5 acres into twelve
PRELIMINARY PLAT
(12) commercial lots, a storm drainage tract, and a segment of
Kalispell public right-of-way. The site is located east of Reserve
Loop, west of Highway 93 Alternate (Kalispell Bypass), and south
of Reserve Place (formerly West Reserve Drive).
STAFF REPORT KPP-14-02
Kevin LeClair, representing the Kalispell Planning Office reviewed
Staff report KPP-14-02 for the board.
LeClair said Phase 2 of Bright View Subdivision is a 12 lot
commercial subdivision located on Old Reserve Drive (formerly
Reserve Loop Road) in Section 36, DNRC School Trust property.
Most of the lots will be served by Timberwolf Parkway which will
eventually connect to Reserve Place (formerly West Reserve
Drive). Lots 6 & 10 will have access directly to the north onto
Reserve Place. There is also a utility lot located on the far
northeastern corner which is intended to be used for storm drainage
and utility purposes.
The property is zoned R-5 PUD which is a mixed
commercial/professional office zoning and the subdivision
approval would create a professional office complex.
LeClair noted the applicant requested an amendment to Condition
#7 that would delete the phrase: "including, but not limited to:
sidewalk, curb and gutter, storm drainage, street lights, landscaped
boulevard and street trees." The condition would then read as
follows: "The frontage of the subdivision adjacent to Reserve Place
shall be improved with a design that is consistent with Kalispell
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Design and Construction Standards." LeClair added staff is not
recommending this change at this time.
Staff recommends that the Kalispell Planning Board adopt staff
report KPP-14-02 as findings of fact and recommend to the
Kalispell City Council that the preliminary plat of the
Resubdivision of Lot 3 — Bright View Subdivision be approved
subject to the 19 conditions listed in the staff report.
BOARD DISCUSSION Pesola asked for clarification on the request to amend Condition
#7. LeClair said the reason for the request is DNRC would like to
seek some sort of an alternative design to the southern half of
Reserve Place as part of the build out of the subdivision. He noted
the improvements are added to the conditions to make it clear to
the applicant that they need to plan for these improvements in their
design and construction as they move forward with the next phase
of the subdivision design.
Graham asked for further clarification which LeClair provided.
PUBLIC HEARING Greg Poncin, Area Operations Manager, DNRC said he is filling in
for Steve Lorch. Poncin would like the opportunity to clarify the
request to amend Condition #7. It is their understanding that the
Kalispell Design and Construction Standards allow Public Works
the latitude to consider deviations in unique situations that meet the
intended objective. Specifically the already developed residential
area to the north. Ultimately they may not request the deviation but
they don't want the condition to preclude the discussion.
Graham asked for further clarification on the uniqueness of the
neighborhood and Poncin said they have had a fair amount of
ongoing discussions as to how the drainage is designed in
particular and DNRC wants to have an opportunity to discuss these
improvements with the city, DNRC and the homeowners group.
Regier asked if they are saying they can't have that discussion
without the amendment and Poncin said it is his understanding that
leaving the sidewalk, curb and gutter, storm drain, street lights,
landscape boulevard and street trees in the condition would make it
a done deal and they are requesting flexibility based on discussion
with the neighbors.
Bob Stewart, 1017 Walton Drive, Stillwater Estates said there are
only two things that could possibly stop this development, a
nuclear blast or a whole pile of money, which won't happen. What
he and his friends are concerned with is they are downwind from
Costco, McDonalds and the high school, all of which produce a
huge amount of trash that eventually ends up in their subdivision.
They are asking that the businesses who lease these lots keep their
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property neat and their garbage controlled. He added all the
buildings constructed so far look good from one side but the rear of
these properties are not neat or attractive.
MOTION
Regier moved and Pesola seconded a motion to adopt staff report
KPP-14-02 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat of the Resubdivision of Lot 3 —
Bright View Subdivision be approved subject to the 19 conditions
listed in the staff report.
BOARD DISCUSSION
Young noted that he thinks Condition #7, as written, doesn't
specifically state that they have to meet the Kalispell Design and
Construction Standards. It states "the design is consistent with"
which in his mind gives DNRC sufficient latitude to be able to
propose to Public Works that they don't have to meet every single
letter of the law.
Keith Haskins, City of Kalispell Senior Engineer stated the
standards are minimum standards and Public Works applies them
across any development. The reason these specific items are
brought to the forefront in the conditions is because often times
they are not considered and they get feedback from the developers
indicating they didn't know they would have to provide these
improvements. There really isn't a deviation process from the
minimum standards except relating to storm sewer which are
adopted by council and council would have to accept any
deviation. It doesn't preclude them from coming forward with
different options.
Graham said there are other subdivisions that come into the city
and they all adhere to these standards. LeClair said the design of
Reserve Place is a relatively rural standard. On the north side of the
roadway is a 10 foot wide asphalt path running east and west and a
shallow swale that ends at the edge of the pavement for Reserve
Place. LeClair thinks what the DNRC is saying is that a curb,
gutter, landscaped boulevard, sidewalk -type streetscape on the
southern side of Reserve Place would not match what is already on
the north side. The neighborhoods to the north are currently in
Flathead County and don't have the full complement of urban
improvements that are typically put into a city subdivision. LeClair
said however, as Haskins mentioned, there is nothing that would
preclude someone from making a request as they come through
with the final plat design.
ROLL CALL
The motion passed unanimously on a roll call vote.
ZONING TEXT
A request from John W. Flink, of J2 Office Products, for an
AMENDMENT — J2 OFFICE
amendment to the text of Section 27.12.020 (23) of the Kalispell
PRODUCTS
Zoning Ordinance. The request is to add "office supply" and
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"retail enterprises no larger than 4,000 sq ft" as bullets listed under
the permitted use of "Retail, limited." The effect of this change
would allow office supply retail uses larger than 4,000 square feet
in the B-1 (Neighborhood Business) land use zoning district.
STAFF REPORT KZTA-14-01 Kevin LeClair, representing the Kalispell Planning Office reviewed
Staff report KZTA-14-01 for the board.
LeClair stated this is a zoning text amendment to add office supply
as a permitted use in the B-1 Neighborhood Business zone. The
current zoning ordinance standards for the B-1 zone limit retail
uses to no more than 4,000 square feet of gross square footage.
The change would modify Section 27.12.020(23) as well as
Appendix B footnote 5 adding office supply as a permitted use in
the retail limited B-1 zone.
LeClair showed a graphic that illustrates the location of the B-1
Neighborhood Businesses zones throughout the city and said there
is only 60 acres of B-1 zone throughout the city and they tend to be
located generally along or near arterial roads. The zone acts as
somewhat of a buffer between the more intensive activity along an
arterial roadway and the residential zone that it is adjacent to.
LeClair addressed a couple of the criteria from the staff report that
have a bearing on this amendment. #7: "Does the zoning
regulation consider the character of the district and its peculiar
suitability for particular uses?" LeClair said the B-1 zone limits
retail so that it doesn't grow so large that is has a negative impact
on the neighboring residential areas that they buffer. Office supply
as a retail use tends to be a relatively low impact use. It usually
operates in daytime hours, while other businesses are open because
they are supplying the business community that is also open from
8:00 a.m. to 5:00 p.m.
LeClair continued #9: "Does the zoning regulation encourage the
most appropriate use of land throughout the municipality?" LeClair
said looking at how office supply retail is developed, the amount of
space you need in order to warehouse materials that are for sale,
and display of office supplies and furniture, by necessity 4,000
square feet is unduly limiting.
Staff recommends that the Kalispell Planning Board adopt staff
report KZTA-14-01 as findings of fact and recommend to the
Kalispell City Council that the proposed amendment be adopted as
provided in the staff report.
BOARD DISCUSSION Young said he didn't find office supply listed in the definition
section. He added although this amendment appears appropriate for
this applicant he is concerned it would allow box stores to be
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located in 13-1 zones which he didn't think would be appropriate.
Osorio-Khor asked if there was another mechanism available
besides a text amendment that would accommodate this applicant
and Jentz said no. Jentz added they have been working with this
applicant for 2-5 years and they came to the conclusion that a text
amendment was the most reasonable approach. Osorio-Khor
thought 2-5 years was too long and Jentz said it took so long
because this is a non -conforming use which puts a cloud over any
business. He reminded the board this amendment would affect all
of the B-1 areas in the city.
Osorio-Khor suggested there be some consideration for either a
text change to limit the size of a business in the B-1 zones or
another mechanism to help this small business person expand his
business.
Graham asked how this business got into the B-1 zone and LeClair
said the business existed prior to the B-1 zoning and this business
is currently oversized for the retail limited. Staff talked to the
applicant/owner of the business about working with the non-
conforming rules in the zoning ordinance but that would create
issues all across every zoning district. The neighborhood business
zones, being that they are very narrowly defined, prevent the ability
of big box retailers to locate in that zone because they have bigger
stores, parking lots and storm drainage facilities, all of which
would be negative impacts on a residential neighborhood.
LeClair said an office supply business doesn't rest solely on being
a retail business but rather serves businesses at their place of
business. He added the fear that maybe we are creating an opening
for a larger box retail establishment is not something that staff
foresees happening in the neighborhood business zone.
Graham asked in order to satisfy the concerns of the board why is
there no limit to the size of the office supply building and LeClair
said it would become arbitrary to try and figure out exactly what
the number would be.
Young noted staff has addressed his concerns although a definition
of office supply may help. Osorio-Khor said her concerns are also
addressed.
PUBLIC HEARING I No one wished to speak and the hearing was closed.
MOTION Pesola moved and Young seconded a motion to adopt staff report
KZTA-14-01 as findings of fact and recommend to the Kalispell
City Council that the proposed amendment be adopted as provided
in the staff report.
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BOARD DISCUSSION Pesola said in seeing the minor amount of B-1 in the city he agrees
with staff that it would be extremely difficult and highly unlikely
that any large business would be able to move into those areas. He
is completely comfortable with the text amendment as presented.
ROLL CALL I The motion passed unanimously on a roll call vote.
ZONING REGULATIONS I A request from the City of Kalispell for a series of updates to the
UPDATE zoning ordinance.
STAFF REPORT KZTA-14-02 I P.J. Sorensen, representing the Kalispell Planning Office reviewed
staff report KZTA-14-02 for the board.
Sorensen noted every few years staff takes a look at the zoning
ordinance and determines amendments that should be made that
would include rewording, clarifications, and new legal precedent or
regulations at the State or Federal level that need to be incorporated
as a way to keep the ordinance up-to-date.
P.J. Sorensen reviewed the changes noted below:
1. ADD "RAIL INDUSTRIAL PARK" AS A PERMITTED
USE IN THE I-1 (LIGHT INDUSTRIAL) ZONE UNDER
SECTION 27.16.020 AND APPENDIX B (TABLE OF
USES ALLOWED BY ZONE), ADD A DEFINITION IN
CHAPTER 27.37 FOR "RAIL INDUSTRIAL PARK,"
AND RENUMBER THE SECTIONS ACCORDINGLY
Sorensen noted there is only one area in town that this definition
would apply, the new rail industrial park. Listing the whole park as
a permitted use still retains the review of its impact on surrounding
properties as the overall project moves forward.
2. AMEND SECTION 27.19.020 AS IT RELATES TO
PLACEHOLDER PLANNED UNIT DEVELOPMENTS
(PUDs) AND THE USES WHICH MAY OCCUR PRIOR
TO PROCEEDING WITH A FULL PUD APPLICATION
Sorensen stated there are two types of planned unit developments
or PUD's — the full PUD, the full package and the PUD
placeholder designation which assures annexation and access to
city services without having to go through the full expense of
engineering plans while not knowing if they were going to be able
to be annexed into the city.
Sorensen added this amendment would provide some clarification
of what would happen in the interim between the full PUD and the
placeholder PUD and only allow remodeling/repair/removal of
existing structures and dealing with property maintenance and not
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allowing additional development on the property, free standing
signs, new road R/W's, expansion of structures or building new
structures on the property which would trigger the application for
the full PUD.
Young asked if the amendment affects the Captain's Marine PUD
that will be discussed in the work session and Sorensen said the no
because they have submitted an application for the full PUD.
3. MOVE AIRPORT AFFCTED AREA REGULATIONS
FROM A STAND-ALONE ORDINANCE TO THE
ZONING ORDINANCE BY ADDING NEW
REFERENCES UNDER SECTIONS 27.20.025 AND
27.20.025
Sorensen said there is currently a stand-alone FAA model
ordinance regulating primarily height at the city airport that was
administered by the Airport Manager. Since this position has been
eliminated there is a fixed -base operator doing the day-to-day
operations. This amendment would bring the existing ordinance
under the city's zoning ordinance so it would be administered by
the planning office. It doesn't change the current regulations in
place at the city airport. Osorio-Khor asked further questions that
were answered by Sorensen.
4. ADDRESS RECREATIONAL VEHICLES BY
ALLOWING UP TO ONE -WEEK STAYS FOR HOUSE
GUESTS (FREE OF CHARGE) AND SIMILAR STAYS
IN PARKS AND THE FAIRGROUNDS WHEN IN
CONJUNCTION WITH A SPONSORED EVENT BY
ADDING SECTION 27.20.085 AND AMENDING
DEFINITIONS OF FAIRGROUNDS AND PARKS IN
CHAPTER 27.37
Sorensen noted this issue comes up every summer where people
are staying in RV's and campers. There are the family events
where relatives are staying in the units, and the other is where
people are paying rent to live in the units which has impacts on the
neighborhood. In addition there are trailers at the fairgrounds
during the fair and at the KidSports fields during tournaments.
Currently the zoning ordinance doesn't directly address this use
other than establishing true RV parks, and indirectly because if you
are in a single-family neighborhood you can't have a second
dwelling the property or a trailer that doesn't meet the design
standards for a single-family dwelling.
Sorensen continued the amendment would allow recreational
vehicles in conjunction with residential uses for up to a week. The
key is it has to be free of charge because if you charge rent that
triggers enforcement of the subdivision regulations. That covers a
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situation where relatives and friends coming to visit. It also gives
staff clarity in distinguishing this type of use from the situations
where people are charging rent all summer or renting off two or
more spaces in the backyard.
Sorensen added they also added in a definition of fairgrounds
which would allow temporary, also one week or less, RV
parking/camping if it is done in conjunction with a sponsored event
and at no charge and allow people to stay in their RV's at
KidSports when a tournament is going on. It would not allow
someone to randomly camp there.
Osorio-Khor asked for examples of what would and would not be
allowed in conjunction with residential uses and Sorensen
responded. Osorio-Khor asked how would staff monitor the one
week limit and Sorensen said staff would respond based on
complaints received in the planning department but would not
police the neighborhoods looking for people living in RV's.
5. ADD LANGUAGE TO EXISTING SITE REVIEW
PROCEDURES IN SECTION 27.20.120 TO BETTER
REFLECT RECENT FEDERAL AND STATE CASELAW
RELATING TO PERMIT CONDITIONS
Sorensen said this amendment has to do with Site Review
procedures. The ordinance sets forth criteria for review by staff
when looking at commercial building projects adding language that
states they need to substantially advance legitimate public interest
with the condition and the cost of the condition needs to be roughly
proportionate to the public interest served. Staff thought it would
be a good idea to insert that language noting it is not changing
anything that hasn't been Federal law for 20 years.
6. AMEND CHAPTER 27.24 ON OFF-STREET PARKING
DESIGN STANDARDS TO UTILIZE MORE
CONSISTENT LANGUAGE AND CLARIFY
POTENTIALLY VAGUE PROVISIONS, AND ADD A
DEFINITION FOR PARKING LOT IN CHAPTER 27.37
Sorensen reported this amendment incorporated the entire chapter
for off-street parking design standards and makes the language
consistent when referring to parking lots, parking areas and parking
facilities.
Graham asked how the amendment pertains to the definition of a
parking lot and the display or storage of motor vehicles and asked
if there would be any uses grandfathered in under this amendment.
Sorensen said anything that is legally in place when the rules
change would be grandfathered in. Sorensen used the requirement
to pave parking lots that was imposed by EPA in 1992 as an
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example. Graham asked if this pertains to driveways that are gravel
and Sorensen said yes, paving is not required if the house and
driveway was built prior to 1992. Anything new that comes
through has to be paved with either asphalt or concrete or a
comparable surface.
7. CLARIFY STANDARDS FOR "ANIMAL HOSPITALS,
POUNDS, KENNELS, ANIMAL SHELTERS, AND
VETERINARY CLINICS" LISTED AS SPECIFIC
REQUIREMENTS AS A CONDITIONAL USE IN
SECTION 27.34.010
This section was for clarifying standards for animal hospitals,
pounds, kennels, animal shelters and veterinary clinics which
comes up with doggy day care facilities. The amendment deals
with soundproof buildings and fully enclosed structures or open
areas that would not be soundproofed. It also includes setbacks.
8. ADD CROSS-REFERENCES TO THE DEFINITION OF
"RESIDENTIAL" FROM THE DEFINITIONS OF
VARIOUS DWELLING TYPES IN CHAPTER 27.37
The final section adds cross-references to the definition of
residential as it was confusing to the users of the ordinance
primarily relating to renting or leasing residences. Graham asked if
this conflicts with the section on RV's and Sorensen said no
because this refers to the home not an RV.
Staff recommends that the Kalispell City Planning Board adopt the
findings in staff report KZTA-14-02 and recommend to the
Kalispell City Council that the proposed amendments be adopted
as provided in the staff report.
PUBLIC HEARING Todd Gardner, 3065 Airport Road, Kalispell stated there are two
issues he would like to address the placeholder PUD and the
interim use and the clarification and more consistent language
under the off-street parking design.
Gardner provided the board with a history of the purchase of 12
acres behind their RV center which is within the City of Kalispell
and his discussions with city staff regarding the use of that
property. He indicated that the city is not working with the
business owners on creating jobs and developing businesses,
especially on the south end of Kalispell. His attorney believes that
their use of this 12 acres to park trailers and recreational vehicles
should be considered grandfathered in and requested that the
amendments to the off-street parking ordinance be either denied or
tabled.
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MOTION
Osorio-Khor moved and Graham seconded a motion to table the
amendments to the Kalispell Zoning Ordinance and schedule a
work session to discuss the amendments.
VOTE BY ACCLAMATION
The motion failed on a vote by acclamation of 2 in favor and 3
opposed.
MOTION
Pesola moved. and Regier seconded a motion to adopt staff report
KZTA-14-02 as finding of fact and recommend to the Kalispell
City Council that the proposed amendments be adopted as provided
in the staff report.
BOARD DISCUSSION
Osorio-Khor suggested that the existing language be kept intact for
the Off -Street Parking Design Standards.
MOTION
Pesola moved Osorio-Khor seconded a motion to remove
amendment #b Off -Street Parking Design Standards from the
amendments and schedule a work session to discuss them further.
ROLL CALL
The motion passed on a roll call vote of 4 in favor and 1 opposed.
BOARD DISCUSSION
Osorio-Khor noted that she doesn't know how the city will enforce
the time limit on the residential RV use and the one week limit
bothers her. Graham agreed. Jentz said we receive 3-5 complaints
a year and although we don't go looking for them we respond to
complaints. The limit gives the city a tool when the occupancy of
the RV becomes obvious and a problem for the neighbors. So
when there is a problem we can have the time limit to enforce the
regulations. Currently there is no provision for the occupancy of
RV's on residential property and staff is attempting to provide and
define a provision.
Pesola noted staff won't respond until there is a complaint and he
can't imagine that there are grounds for a complaint for several
days but the limit can help staff verify how long someone has been
living there. Pesola doesn't think that anyone will run into a
situation where their 7 days are up unless it is a truly problematic
or recurring situation. Graham agreed.
Osorio-Khor still didn't think one week was reasonable.
MOTION — AMEND THE
Osorio-Khor moved and Graham seconded a motion to change the
TIME LIMIT FOR RV STAYS
language regarding the one week limit to two weeks.
BOARD DISCUSSION
Jentz said put on the shoes of the neighbor who we have to tell we
will check on the situation but there would be two more weeks that
they can live there; after the letter is sent we give them 10 days to
abate, then they haven't abated and the next step is a 30 day notice
before they see the judge. Now this situation has taken up most of
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the summer with an RV parked on a driveway next to the
neighbor's kitchen window. The one week limit speeds up the
process when there is a problem. Jentz added by the time we
receive the complaint the situation is usually heated and the parties
are frustrated.
VOT BY ACCLAMATION —
The motion to amend the time limit failed on a roll call vote of 2 in
AMEND THE TIME LIMIT
favor and 3 opposed.
FOR RV STAYS
ROLL CALL — ORIGINAL
The original motion, as amended passed unanimously on a roll call
MOTION
vote.
GROWTH POLICY UPDATE
Growth Policy Update - The Kalispell City Planning Board has
spent past year drafting an update to the text of the Kalispell
Growth Policy. The updated draft addresses a number of key
topics that affect the future growth and development of the City of
Kalispell. Each chapter presents a brief introduction of the
particular topic, lists a number of issues surrounding the topic,
establishes goals and priorities, lays out the policies that will guide
the city, and finishes with a number of recommended actions. The
Growth Policy's Future Land Use Map has remained unchanged.
STAFF REPORT
Kevin LeClair, representing the Kalispell Planning Office reviewed
the amendments to the Kalispell Growth Policy for the board.
LeClair noted the Kalispell Growth Policy was last updated in
2003. Over the last couple years the board and staff have been
working on an update to the policy and there has been a significant
amount of public outreach along with several work sessions with
the board. The draft of the growth policy has been posted on the
city's website through a majority of this process.
A lengthy comment letter was received today from Citizens for a
Better Flathead and there are roughly 30 comments for the board to
consider after the public hearing.
A resolution has been prepared for adoption and for the board
president's signature should the board decide to move the draft
policy forward to the Kalispell City Council.
Staff recommends that the Kalispell Planning Board adopt
Resolution KGPA-14-01 and recommend approval of the
amendments to the City of Kalispell Growth Policy Plan -IT 2030
to the Kalispell City Council.
Osorio-Khor asked if on page 45 where it refers to the lack of
water mains on the west side of Main Street it means that the city is
considering putting them in or is it just stating a fact and LeClair
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said it is stating a fact.
Osorio-Khor asked if there is anywhere on the city's website where
the historic building codes are posted and LeClair said no. There
are special provisions in the IBC dealing with historic buildings
that staff can rely upon when reviewing projects for reuse of
historic buildings so they still meet safety requirements. He added
if anyone has questions they can contact the Building Official for
further information.
Osorio-Khor asked about the questionnaire the planning
department is working on with the downtown business owners and
whether the questionnaire results will become a part of the growth
policy. LeClair said it is standard practice for staff to conduct
studies prior to developing a full downtown plan and once the plan
is in development the planning board will have a chance to review
at it and thenthe city council will decide whether they want to
adopt the downtown plan as an amendment to the growth policy.
PUBLIC HEARING
Patrick Malone, Citizens for a Better Flathead thanked the planning
board and staff for their hard work in developing the draft growth
policy update. Malone highlighted several areas they felt would
strengthen the document which are all included in the letter they
submitted (copy attached).
BOARD DISCUSSION
At staff s suggestion the board reviewed each of the points listed in
the letter from Citizens for a Better Flathead. The board made
several amendments to the draft policy based on those
recommendations which will be incorporated into the draft copy
that will be forwarded to the city council.
MOTION
Pesola moved and Regier seconded a motion to adopt staff
Resolution KGPA-14-01 and recommend approval of the
amendments to the Growth Policy, as presented in the Draft — City
of Kalispell Growth Policy Plan -IT 2030, and as amended by the
planning board to the Kalispell City Council.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Flathead High School Parking District
LeClair described that a residential parking district is a tool used
where non-resident commuter parking on city streets is having an
impact on the health, safety and general welfare of a neighborhood,
the residents of that neighborhood get together and ask for parking
restrictions to be placed on the city streets that would require
residents and visitors to display a permit on their vehicle in order to
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legally park on the street. This would prevent commuters from
parking on the street during certain designated times or hours and
violators would be ticketed so they would be discouraged from
parking in the district in the future.
LeClair reviewed the study area, the amount of rental properties
within the area, and the parking needs for both Flathead High
School and Elrod Elementary School.
LeClair noted a group of neighbors in this area have been working
with city staff over the last year and have contacted their neighbors
to determine their acceptance of instituting a parking district in the
neighborhood. Of the 207 properties in the boundary area 182
contacts were made which constitutes 88% of the properties. Of
those 182 contacts 97% were in support of instituting a parking
restriction on the streets. Five were opposed to the restrictions and
23 of the properties were either vacant or they were unable to make
a contact.
Staff recommendation at this point is that the Kalispell Planning
Board hold a public hearing at their next regular meeting regarding
the establishment of a residential parking district in Kalispell's
historic west side neighborhood.
BOARD DISCUSSION Osorio-Khor felt since she lives in this neighborhood and has
actively participated in contacting the neighbors regarding the
parking district she should recuse herself from discussions and
votes on this issue. The other board members thought that was
appropriate.
LeClair responded to some concerns brought up by the board at the
previous meeting regarding what is the high school going to do and
LeClair noted he did have a long conversation with Mark Flatau,
School District #5 Superintendent, and they are not sure but they
are looking into their options. They are not necessarily supportive
of the idea that would restrict their staff or students from being able
to park close to the school but they also understand that the parking
situation is having an impact on the neighborhood. The school
district will participate in the public hearing and would like to work
with the planning board on solutions that would allow them to have
access to some nearby parking. Flatau noted the school district
does not have the resources to buy more land or develop more
parking lots at this time.
There was also the question about private commercial contractors
that are in unmarked vehicles that might need to park in the area
and LeClair did some research with the cities of Missoula and
Bozeman about their practices. The City of Bozeman issues a
contractor permit so they can register when they are working at a
Kalispell City Planning Board
Minutes of the meeting of August 12, 2014
Page 13 of 14
home in a parking district. Missoula asks the contractors to contact
the parking commission office and let them know that they will be
working in the neighborhood so they have a record that they have
been contacted.
The board members directed staff to schedule the public hearing.
NEW BUSINESS:
Next month the meetings will begin at 7:00 p.m. through May of
2015.
ADJOURNMENT
The meeting adjourned at approximately 9:20 p.m.
WORK SESSION —
A request from APEC Engineering, on behalf of Captain's Marine
CAPTAIN'S MARINA
(Somers Bay Trading Co. LLC), for a Planned Unit Development
PLANNED UNIT
for the development of a boat and trailer sales and service facility
DEVELOPMENT
consisting of 14,900 square feet of sales, offices, and service areas
on the main floor and 1,800 square feet of offices on the second
level. The PUD proposal also includes associated parking,
landscaping, and public utility connections and extensions as
needed or required. The property is located at 3215 Highway 93
South.
NEXT MEETING
The next regular planning board meeting is scheduled for
September 9, 2014 beginning at 7:00 p.m. and located in the
Kalispell City Council Chambers, 201 1 st Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / /14
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of August 12, 2014
Page 14 of 14