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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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 1 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 2 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 3 of 14 "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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 4 of 14 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. Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 5 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 6 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 7 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 8 of 14 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. Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 9 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 10 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 11 of 14 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2014 Page 12 of 14 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