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Planning Board Minutes - September 12, 1995KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING SEPTEMBER 12, 1995 CALL TO ORDER The regularly scheduled meeting ofr fije�''-r`Kalispell - City -County AND ROLL CALL Planning Board and Zoning Commission was called to order by Vice -Chair Pam Kennedy at 7:01. p.m. Board members present were Walter Bahr, Robert Sanders, Mike Fraser,''Milt Carlson, Michael Conner and Pam Kennedy. Excused absences were Fred Hodgeboom and Robert Lapp. President Therese Hash declared a conflict of interest on the first two agenda. items and did not preside over the meeting during those public hearings. John Parsons, Senior Planner represented the Flathead Regional Development Office. Brian Wood, Zoning Administrator represented the City of Kalispell. There were apptoximately.:80 people in attendance. 6 APPROVAL OF The minutes of the August 8, 1995 meeting" were approved as MINUTES submitted on a motion by Carlson, second by, Conner. All members present voted aye. WEST The first public hearing item was introduced `which; was a EVERGREEN continuation of a request by Tom Sands on behalf of _.the Patty MANOR / Shelton Trust/Mike Seaman for - preliminary . plat approval of an MANUFACTURED amended submission on 12.08 acres of land," as a 44 space mobile HOME PARK / home park and one (1) space for a manger's residence. The PRELIMINARY project is to be known as West Evergreen Manor. The project PLAT / location is on the southeast corner of West Evergreen Drive and CONTINUATION River Road approximately 2000 feet west of US Highway 2 in the NW 4 of Section 4, Township 28 North, Range 21_West, P.M.M., Flathead County, Montana. Staff Report Parsons gave a detailed presentation'= -of `report #FPP-95-09. In addition to the staff report, several letters were submitted to the Board from various agencies that were received after the staff report was written. The most signifi Ifec•Is of the proposed subdivision is the impacts on the . schools and , road: system. A letter was received from the Evergredh School District. Two letters were received from the County Road` Department, one dated September 8, which indicates upgrading for River Road and West Evergreen Drive. A letter dated September 12 indicates what those upgrades should be. These, recommendations are incorporated into additional conditions 'of -approval handed out to Board members. Based on staff's evaluation •of the proposal, it i, recommended that preliminary plat be approved for West Evergreen Manor for a total of 43 space mobile home park, subject to 28 conditions of approval. �j GA: safety slope of 3 to 1, in accordance with the Flathead County Road and Bridge Department requirements." The motion failed for lack of a second. The request by a member of public for a security fence was discussed, and decided that it would not be added as a condition. Motion Bahr moved to adopt report #FPP-95-16, and recommend to the County Commissioners approval of the preliminary plat for West Evergreen Estates, with the 24 conditions as recommended by staff. Sanders seconded. On a roll call vote Bahr, Sanders and Kennedy voted aye. Conner, Carlson and Fraser voted no. The vote was tied at 3-3. Conner said that he was bothered that we did not approve this proposal and we approved the trailer court subdivision. I think we are dealing with the cumulative effects of the safety out there. It is not that I don't feel that the criteria for a stand alone subdivision has not been adequately addressed, it is a moral issue with me. Further discussion followed. The Board agreed to send a tie vote "=xfiyr` to the Commissioners. The meeting was turned over to President Hash for the remainder of the public hearings. MONTESSORI Hash introduced a request by Steven and Sara Welder for a SCHOOL / Conditional Use Permit in the RA-1 zone to allow an addition to a CONDITIONAL classroom at the existing Montessori School located at 5 Park Hill USE PERMIT Road. Construction would include a 170 square foot footprint in a 2-story addition to the existing structure. The property is more particularly described as Lots 3 and 4 of Block 2, Willis Addition in Kalispell. Hash announced that her children attend Montessori School. The Board determined that it was not a conflict of interest. Staff Report Parsons presented an overview of report #KCU-95-04. The request was evaluated in accordance with the necessary criteria and staff recommended three conditions of approval. Public Hearing The public hearing was opened to those in favor of the conditional use permit. In Favor Terry Welder, 11 Park Hill Road, the applicant, spoke in favor. The addition is insignificant, and he wanted to assure the Board that they are very sensitive to the neighborhood. The addition is a greenhouse for enhancement of the science classroom. We 17 have no intention of expanding. We will not be adding any students and no extra traffic. Kim Larson, technical assistant, wanted to mention that on the lower floor of the expansion area, they have a changing area in the foyer, where there is congestion. What they are trying to do is move the changing area off the classrooms, so it is not in the entrance corridor. So, in a sense they are relieving some congestion on that first floor. There was no other speakers in favor of the proposal. No one spoke in opposition. The public hearing was closed and it was opened to Board discussion. Motion Fraser moved to adopt report #KCU-95-04 as findings of fact and recommend granting the conditional use permit with the recommendations contained therein. Bahr seconded. On a roll call vote Bahr, Sanders, Kennedy, Fraser, Conner, Carlson and Hash voted aye. The motion carried unanimously. GRAHAM ZONE Next, Hash introduced a request by Lawrence D. Graham, et al, CHANGE / for a change in zone from SAG-10 (Suburban Agriculture, 10 acre SAG-10 TO minimum lot size) to SAG-5 (Suburban Agriculture, 5 acre minimum SAG-5 lot size) as defined by the Flathead County Zoning Regulations. The properties total approximately 40 acres located along the west side of Ezy Drive on the south side of East Reserve Drive, in the NE4 of Section 34, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Staff Report Parsons presented report #FZC-95-09. Five (5) properties with a combined acreage of approximately 40 acres is being proposed for the rezone. There are two issues that may arise. One is that the northern most parcel of land is almost entirely within the 100 year floodplain. The other issue is that technically, each of the parcels are less than 10 acres. However, the County is deeding back many of its roads to the property owners and accepting easements in return. In doing that, the ROW that had been excluded from =° the lot area can now be included in the area of the parcels, in the Agricultural zones, only. To staff's understanding, this has not been done, yet. The request was reviewed in accordance with the statutory criteria for a zone change, and based on those findings, staff recommended the zone change be granted from SAG-10 to SAG-5. Public Hearing The public hearing was opened to those in favor of the zone change. In Favor Doug Cusick, 550 Ezy Drive, speaking on behalf of Larry Graham and the other three property owners that are involved in this request for a zone change. It has been their plan for quite some 18 time to split our land to supplement our retirement income, and to help our children with their housing needs. The properties in question are basically too small to farm, but too large to take care of without large farm equipment. By dividing the lots, it will clean up an area that is covered with brush and dry grass. During fire season it will provide a water supply for fire protection. We felt that 5 acre parcels would not be concentrated. All buildings involved would be essentially the same. Any new buildings would be built to city building codes. Tom Weaver, 747 East Reserve, stated that he has no problem with his neighbors splitting their land. I did that to mine a long time ago. The only concern I have, is that I have a private airstrip on the piece of property north of this area, just so people will be aware that I approach and land over the property in question. Harold Lawson, 450 White Birch Lane, spoke in favor of the zone change. Greg Cusick, 434 Ezy Drive, said he is also in favor. �4 Gary Gustufson, 320 Harrison Blvd., said he has lived next to this property for over 20 years. It has always been my understanding a ° that it would be divided, which is what all the properties in that y area are. Anything smaller than 5 acres, I wouldn't agree with, but there are 5's and 10's all around the area. Linda Cusick, 1405 4th Ave. West, spoke in favor of the zone change. Cara Boca, 212 7th Ave East, said she was in favor. There were no other speakers in favor of the zone change. No one spoke in opposition. The public hearing was closed and it was opened to Board deliberation. Discussion Kennedy questioned whether the SAG-5 was a spot zone, as there is no other SAG-5 in the area. Parsons replied that it is in conformance with the Master Plan, and there is R-1 and R-2 zones nearby, so SAG-5 would serve as a buffer to the SAG-10. It will probably set a precedence for future zone changes, however it is not an undesireable precedent. Motion Kennedy moved to adopt the findings of fact in report #FZC-95-09 and to recommend approval of the Graham zone change from SAG- 10 to SAG-5. Bahr seconded. On a roll call vote all members present voted aye. The motion carried unanimously. MARSHALL The next item was introduced which was a request by the City of ZONE CHANGE / Kalispell on behalf of Jon and Jean Marshall for annexation to the 19 R-4 (COUNTY) City of Kalispell with an initial zoning classification of RA-1, Low TO RA-1 (CITY) Density Multi -Family Residential. The parcel contains approximately 6,000 square feet located approximately 150 feet east of 5th Avenue East, 400 Feet south of 18th Street East. Staff Report Parsons presented an overview of report #KA-95-9, and recommended the requested RA-1 zone classification be granted upon annexation. Public Hearing Jon Marshall, 21128 East Shore, Bigfork, the property owner/applicant, spoke in favor of the requested zone upon annexation. It just makes sense for that piece of property, as it is adjacent to similar properties in the area. There being no further testimony either in favor or in opposition to the requested zone change, the public hearing was closed and it was opened to Board discussion. Motion Fraser moved to adopt report #KA-95-9 as findings of fact, and forward a favorable recommendation to City Council for the City zone request of the Marshall Addition No. 269 with an initial zoning of RA-1. Kennedy seconded. On a roll call vote all a members present voted aye. The motion carried 7-0 in favor. DYE ZONE Hash introduced the next public hearing on a request by William CHANGE / and Barbara Dye and Benchmark Homes for a change in zone from R-3 TO R-5 R-3 (Urban Single Family Residential) to R-5 (Residential/Professional Office) on approximately 0.87 acres. The properties are located on the northwest corner of Liberty Street and Meridian Road, more particularly described as Lots 5, 6, 7, and the east 43 feet of Lot 9, Block 1, Adams Addition in the City of Kalispell. Staff Report Parsons presented report #KZC-95-05. The request was evaluated in accordance with the necessary statutory criteria and staff recommended that the zone be changed from R-3 to R-5. Public Hearing The public hearing was opened to those in favor of the requested zone change. In Favor Tim Stresnick of Benchmark Homes, 185 Cheviot Loop, Kalispell, spoke in favor of the zone change. The reason we are requesting the zone change is that we would like to purchase this residence and use it for our business. Our business is the designing and building of custom homes and small commercial projects. We also have a real estate company. The R-5 zone will allow us to operate our businesses, which we feel are very consistent with what is happening on North Meridian Road. With the widening to four - lanes we feel it would be the best and appropriate use would be as a business use. We would like to keep the architectural look. f+ 1 We love it and think it is beautiful and do not want to change that, because it will be a great look for our building business. We want to paint, put a new roof on it, landscape and refurbish it. Barbara Dye, 1060 North Meridian, stated that she was in favor of the zone change, and felt the plan would put the property to good use. Bill Dye, 1060 North Meridian, said he was in favor of the zone change request. Mark Wedis, architect with Benchmark Homes, explained that their company does not operate and store heavy equipment. This will be a clean business use in the neighborhood. We want to maintain the architectural integrity of the building. Robert Putnam, 1080 North Meridian, which is two houses north of this property, said I am in favor of this, because every year you can see Meridian Road has two or three more businesses going in there. It is not a desirable residential place anymore. When we built out there in 1947, it was a nice quiet country road. Now, every morning, the logging trucks shift coming into that STOP sign, and start again, so it really bothers us every morning. You can't even get onto North Meridian until after 9 a.m. There were no other proponents. The public hearing was opened to those opposed. Opposition Robert Elwood, 209 Rosewood, said he was not opposed, but had concern that there would be a big parking lot next to his property that would impact the residential area. We like the area the way it is now. It is a residential area, and we are concerned that this will decrease the value of our property. He submitted a letter from his neighbor who also had the same concerns to the zone change, as follows: Steve Cislo, 215 Rosewood Drive: I oppose the zone change because it would reduce the value of my property. There being no further opponents, the public hearing was closed and the meeting opened to Board discussion. Discussion Fraser commented that there are other more intensive zones in the area, such as RA-1 and B-1, which allows much more intensive uses. The R-5 is a residential zone and seems rather innocuous in this particular area. 21 Kennedy asked when the right of way for the widening of North Meridian would be addressed? Parsons responded that would be done with negotiations between the City, the State and private property owners. We are considering the ROW to be 80 feet, and any development that occurs along Meridian Road is being requested to establish an additional setback for their buildings and parking areas to allow for landscaping. Kennedy asked how the additional parking requirements will be addressed? Parsons responded that this application is for a zone change to R-5, therefore any use allowed in the R-5 zone can go in there. When the conversion of the property from residential to commercial occurs, it has go through the Site Plan Review Committee and obtain a building permit. It would not come to a public hearing unless the use is required to have a conditional use permit. Parsons went on to explain that when the North Meridian Plan was being developed, this area was considered for RA-3 zoning, which is a very intensive residential zone. We felt that the R-5 request was a better use of the property than an RA-3. Hash remarked that North Meridian is being impacted severely by 4 the development that is occurring. Any zone change that would in some fashion, put a lid on a higher intensive use, I would be supportive of. I feel that a low intensity commercial use would be favorable over another apartment complex. You will not get the traffic and numbers of bodies that you would with a multi -family complex, as well as preserving the beautiful house. Motion Kennedy moved to adopt report #KZC-95-05 as findings of fact and recommend the zone be changed as requested from R-3 to R-5. Fraser seconded. On a roll call vote all members present voted aye. The motion carried on a 7-0 vote in favor. HAGERMAN Hash introduced a request by Muriel Hagerman, et al, for a change ZONE CHANGE / in zone from RA-1 (Low Density Residential Apartment) to RA-3 RA-1 TO RA-3 (Residential Apartment/Office). The properties are approximately 4.8 acres and are generally located on the south side of 18th Street West and on the west side of Airport Road, with access to both 18th Street West and Airport Road, and are more particularly described in "Exhibit A" of report #KZC-95-04. Staff Report Parsons presented an overview of report #KZC-95-04. The requested zone change from RA-1 to RA-3 meets all the necessary criteria, and staff recommended approval. 22 Public Hearing The public hearing was opened. In Favor Brian Wood, Zoning Administrator, represented the Hagermans and the City of Kalispell. The City is one of the applicants as the owner of the Courtyard Apartments. The emphasis behind the Hagermans applying for this zone change is primarily the changing character of the neighborhood down there. The traffic has increased dramatically on Airport Road and 18th Street. A lot of people are using Airport Road as a bypass to avoid traffic on Hwy 93. The City has adopted a neighborhood plan for the airport, and by doing so, the City plans to expand and improve the airport, and expand commercial/industrial uses in that neighborhood. The whole neighborhood got together to request the rezone. Parsons pointed out that there is one parcel left out of the rezone request, which is a mobile home park. There being no further public comment, the public hearing was closed and the meeting opened to Board discussion. Discussion Hash asked staff to read through the list of allowed and permitted uses in the RA-3 zone. Motion Kennedy moved to adopt FRDO staff report #KZC-95-04 as findings of fact, and forward a favorable recommendation for the zone change request from RA-1 to RA-3. Bahr seconded. On a roll call vote all members present voted in favor. The motion carried 7-0. TEXT Hash introduced a request by the City of Kalispell for a Zoning AMENDMENT / Ordinance text amendment to change Section 27.26.050(22) Grocery Supermarket or Supermarket parking requirements from one (1) parking space Parking & per 100 feet of public floor area plus one (1) space per 200 square Cluster feet of storage and office to 1 parking space per 250 feet of gross Development floor area. In addition, changing Section 27.35.030(1) from requiring a minimum of two (2) acres (21,300 square feet in the Redevelopment Area) before a cluster development could be applied for to 21,000 square feet minimum to begin a cluster development. Staff Report Parsons presented staff's request to amend the zoning ordinance text as proposed in FRDO report #KZTA-95-3, to change the ratio for grocery store parking requirements and reduce the minimum size for a cluster development in an urban setting. Public Hearing The public hearing was opened. There was no one to speak either in favor or in opposition to the text amendments. The public hearing was closed. Discussion The Board discussed the reasons and ramifications of the two proposed text amendments. 23 Brian Wood relayed information regarding parking requirements for supermarkets, stating that Tidyman's engineers based their needs on 4 spaces per 1,000 square feet of gross floor area. This equates to 1 space per 250 square feet as proposed for the text amendment. The Board agreed that even during peak seasons, the parking at Ticyman's is adequate. The concept of a cluster development is to provide more green space and open areas. The Board concurred with that and were favorable to the zoning ordinance text amendments as proposed. Motion Carlson moved that the Kalispell Zoning Ordinance text be amended as proposed in report #KZTA-95-3, as follows: Chapter 27.26 Off Street Parking. Section 27.26.050(22). Grocery and supermarkets: 1 space per 250 square feet of gross floor area. Chapter 27.35 Cluster Developments - Dwellings. Section 27.35.030(1). Minimum area of the development shall be not less than 21,000 square feet. Kennedy seconded the motion. On a roll call vote Sanders, Bahr, Carlson, Conner, Kennedy, Fraser and Hash voted aye. Motion carried unanimously. OLD BUSINESS Parsons announced that there was nothing on the agenda for the October meeting. He suggested the Board hold a workshop at the regular October meeting to discuss the revised subdivision regulations. The Board requested that staff also schedule a discussion of impact fees. NEW BUSINESS The October meeting will be held on Thursday, October 12th, due to the Columbus Day holiday. ADJOURNMENT There being no further business, the meeting was adjourned at 10:00 P.M. Therese^ r�x�a P sident Elizabeth Ontko, Recording Secretary 24