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I4. Ordinance 1772 - Courthouse EastPLANNING FOR THE FUTURE MONTANA REPORT TO: Doug Russell, City Manager L FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KZC-16-02 — Eastside Brick Zone Change/Planned Unit Development (PUD) Amendment MEETING DATE: July 5, 2016 BACKGROUND: This is a request from Minna Winder to amend the requirements of the Courthouse East PUD, per Section 27.19.020(9)(b) of the Kalispell Zoning Ordinance. Condition number seven (7) of the Courthouse East PUD (Ordinance 1538) allowed 28 units on the property. The applicant is requesting that the maximum number of units be increased from 28 units to 29 units. The request would allow the applicant to convert a 3 bedroom residential unit into a 2 bedroom residential unit and an efficiency studio unit. A maximum of 28 units came from the methods of calculating density when the PUD was approved in 2005. In 2005, the maximum density for the R-5 Zone was set at 14 units per "net" acre. Eastside Brick contained approximately 2 net acres, for a maximum of 28 units. Several years later the city zoning ordinance PUD regulations were amended to use "gross acreage" as the standard. Gross acreage includes adjoining streets. In conjunction with the City going to the "gross density" standard, which generally increased the development size of the project, the overall density permitted for each zone was dropped. In the case of the R-5 Zone the density was reduced froml4 units/acre to10 units/acre. The amendment was intended to be neutral in its impact. However, in the case of Courthouse East property, the gross acreage of the site increased from 2 acres to 3 acres. When applying the new standard of 10 units/acre, the Courthouse East property can now accommodate 30 units instead of the previous 28 unit cap. The subject property is located at 723 51h Avenue East. The property can be legally described as Lots 1-12, Block 203, Kalispell Addition 3, located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing June 14, 2016, to consider the application request. Staff presented staff report KZC-16-02 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the City Council that the zone change request be approved. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KZC-16-02 as findings of fact, and recommend to the Kalispell City Council that the zone change be approved. Board discussion concluded that the zone change was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the City Council approve zone change KZC-16-02, amending condition number seven (7) of the Eastside Brick PUD. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1772 Staff Report Minutes of the June 14, 2016, Kalispell Planning Board Application Materials c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO.1772 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE COURTHOUSE EAST PLANNED UNIT DEVELOPMENT (EASTSIDE BRICK) ENACTED BY ORDINANCE NO.1538. WHEREAS, the City Council of the City of Kalispell by Ordinance No. 1538 approved the Courthouse East Planned Unit Development on June 20, 2005, and WHEREAS, Minna Winder, the owner of Unit 215S at 723 5th Avenue East, has requested an increase to the Courthouse East PUD's underlying density in order to split a three bedroom residential unit into a two bedroom residential unit and an efficiency studio, and WHEREAS, condition 7 of the Courthouse East PUD allowed 28 units on the property, and WHEREAS, based upon the application submitted and all evidence provided to the City Council in writing and orally at public hearing, it is in the best interests of the City of Kalispell that the Courthouse East Planned Unit Development be amended as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Courthouse East Planned Unit Development shall be amended to provide the following: 7. The number of dwellings shall be increased by two to a maximum of 30 dwelling units in order to comply with the limits of the R-5 zoning. SECTION 2. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF , 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk REQUEST FOR AMENDMENT TO COURTHOUSE EAST PUD KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZC-16-02 May 17, 2016 The following is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to amend the requirements of the Courthouse East Planned Unit Development (PUD). A public hearing has been scheduled before the Kalispell City Planning Board for June 14, 2016 beginning at 6:00 PM, to consider the zone change request. The Planning Board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION A. Petitioner / Owner: Minna Winder 723 51h Avenue East, Unit 215S Kalispell, MT 59901 B. Summary of Request: A request from Minna Winder to amend the requirements of the Courthouse East PUD per Section 27.19.020(9)(b) of the Kalispell Zoning Ordinance. The Courthouse East PUD permitted a maximum of 28 units in order to comply with the underlying R-5 Zoning at the time of approval. The applicant is requesting that the maximum number of units be increased from 28 units to 29 units. The request would allow the applicant to convert a 3 bedroom residential unit into a 2 bedroom residential unit and an efficiency studio unit. No new square footage is proposed. Condition number 7 of the Courthouse East Planned Unit Development (Ordinance 1538) allowed 28 units on the property. A maximum of 28 units came from the methods of calculating density when the PUD was approved in 2005. In 2005, the maximum density for the R-5 Zone was set at 14 units per "net" acre. East side brick contained approximately 2 net acres for a maximum of 28 units. Several years later the city zoning ordinance PUD regulations were amended to use "gross acreage" as the standard. Gross acreage includes adjoining streets. In conjunction with the city going to the "gross density" standard, which generally increased the development size of the project, the overall density permitted for each zone was dropped. In the case of the R-5 Zone the density was reduced from 14 units/acre to 10 units/acre. The amendment was intended to be neutral in its impact. However, in the case of Courthouse East, the gross acreage of the site increased from 2 acres to 3 acres. When applying the new standard of 10 units/acre, Courthouse East can now accommodate 30 units instead of the previous 28 unit cap. C. Location and Legal Description of Property: The subject property is located at 723 51h Avenue East. The property can be legally described as Lots 1-12, Block 203, Kalispell Addition 3, located in Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. D. Existing Land Use and Zoning: The PUD permitted 28 residential units (including art studios), 20,000 square feet of professional office and 1,600 square feet of retail. The PUD allowed for a mixed use development consisting of multi -family residential, art studios, retail and professional office. The subject property is located within the R-5/PUD Zoning District. The PUD functions as an overlay for the R-5 Zoning. The PUD allowed the following deviations; 1) allow multi -family; 2) increased height; 3) reduced parking requirement; and 3) no parkland dedication. E. Proposed Zoning: The proposal would be to amend condition number seven (7) of Ordinance 1538 to allow 29 units rather than 28. F. Size: The subject property is approximately 3 acres gross and 2 acres net. G. Adjacent Zoning: North: R-3 East: R-3 South: R-3 West: R-3 H. Adjacent Land Uses North: Single-family residential East: Single-family and office South: Elementary school West: Single-family residential 1. General Land Use Character: The general land use character of the area is a mix of single-family residential to the north, east and west, with the elementary school to the south. Some office space remains to the east of the subject property that is a holdover from when the property operated as a hospital. Courthouse East has established itself as an integral part of the area in the past decade. Whereas, the property was once in disrepair and a created blight in the area, it has since been vastly improved and created an asset to the community. Overall, the area can be considered to be a well - established residential area with good building integrity and stable property values. J. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell 2 Electricity: Flathead Electric Cooperative Natural Gas: NorthWestern energy Telephone: CenturyLink Schools: School District #5, Kalispell Fire: City of Kalispell Police: City of Kalispell K. Public Comment: No public comment has been received at this time. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. 1. Is the zoning regulation made in accordance with the growth policy? The Kalispell Growth Policy 2020 map designates the subject property as Urban Residential. The Urban Residential land us designation in the Kalispell Growth Policy anticipates up to 12 dwelling units per acre. The property is approximately three gross acres, making the maximum number of potential units 36. The applicant is proposing one additional unit onsite for a total of 29. Therefore, since the gross policy allows for 36 units and the applicant is requesting 29, the proposed amendment is in accordance with the growth policy. 2. Does the zoning regulation consider the effect on motorized and non - motorized transportation systems? The amendment from a maximum of 28 units to 29 units would have a minimal effect on transportation systems. It is anticipated that one additional residential unit will produce approximately 9.57 trips ends/day (Per ITE trip generation model). 3. Is the zoning regulation designed to secure safety from fire and other dangers? Adequate access and public facilities are available to the subject property in the case of an emergency. All municipal services including police and fire protection, water and sewer service are available to the area. Changing the maximum number of units from 28 units to 29 units would not alter the available services needed for fire and other dangers in any way. The additional unit being created would be required to comply with the current building and fire codes prior to construction. 3 4. Is the zoning regulation designed to promote public health, public safety, and the general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses. In this case, those regulations are provided within the R-5/PUD Zoning District of Courthouse East. Allowing one additional unit from a maximum of 28 units to 29 units is minor enough in nature that no impact to the public health, public safety, and general welfare would be expected. No new square footage is being added, an existing unit is being reconfigured. The actual number of bedrooms is staying the same. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The Courthouse East PUD put in place the current R-5/PUD Zoning. At that time provisions for adequate light and air were analyzed. No changes are being proposed that would affect light and air, as the additional unit is entirely within an existing building. No new square footage is being added, an existing unit is being reconfigured. The actual number of bedrooms is staying the same. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The Courthouse East PUD put in place the current R-5/PUD Zoning. At the time the PUD was put in place the full development was analyzed in respect to transportation, water, sewer, schools, parks and other public requirements. One additional unit as requested is not likely to have a significant impact on those services mentioned. No new square footage is being added, an existing unit is being reconfigured. The actual number of bedrooms is staying the same. Impact fees will be required to mitigate any potential impact of the new unit. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? Changing condition number 7 of the PUD from 28 units to 29 units is within character of the district and is suitable to the neighborhood. The request would allow the applicant to convert a 3 bedroom residential unit into a 2 bedroom residential unit and an efficiency studio unit. The Courthouse East building is comprised of multi -family units of different sizes similarly to what is being proposed. An efficiency unit by its nature would have limited impact due to its size. Additionally, the HOA which would be most impacted by this amendment has signed off on the additional unit. There will be adequate parking supplied for the units negating any negative impact that may come about from the additional unit on the surrounding neighborhood. The request is minor enough that M the surrounding neighborhood would not be aware of the proposed change as the use of the building is not changing. 8. Does the zoning regulation consider conserving the value of buildings? The value of building is not expected to be effected if an additional unit was permitted. It can be perceived that an additional unit would create more value; however, the increased value could be a wash as the larger unit would become less valuable as its size is decreased to accommodate the additional unit. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality? The proposed amendment from 28 to 29 units only impacts the Courthouse East PUD and the associated R-5/PUD Zoning District. The amendment would not affect the municipality as a whole as the zoning only applies to the subject property. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC16-02 as findings of fact and recommend to the Kalispell City Council that condition number 7 for the Courthouse East PUD be amended to allow 29 units. 5 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING DUNE 14, 2016 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Charles Pesola — Acting President, Rory Young, Steve Lorch, and Doug Kauffman; Ronalee Skees took her seat at 6:20 p.m. Chad Graham and Christopher Yerkes were absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Kauffinan moved and Young seconded a motion to approve the minutes of the May 10, 2016 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. CAHOON CONDITIONAL A request from Angela Cahoon for a conditional use permit to USE PERMIT construct four (4) townhomes within the R-4 (Residential) Zoning District which allows single-family, duplex and townhouse development limited to two (2) attached units as a permitted use. Three (3) or more attached townhouses require a conditional use permit to analyze the compatibility with the surrounding neighborhood. Currently, the property is developed with a single- family residence and located at 1221 61h Street West. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed the staff report for the board. Nygren said this request is for a conditional use permit for four attached townhomes. The property is located at 1221 6th Street West, which is just east of Meridian Road. The surrounding land uses consist of single-family, townhome development, and multi- family. The subject property is currently developed with a single- family residence with a detached garage and is approximately one- half acre in size. The property will be divided into four sublots, for the proposed townhomes. Nygren added individual sewer and water lines will be required for each unit and he described the current location of these services. Sidewalks will also be required on the south side of the property along 6th Street West. The units will be approximately 1650 square feet each, two -stories with a single car garage. Nygren reviewed the surrounding zoning and noted the growth policy is Urban Residential which anticipates townhomes as a form of housing when adequate facilities are available. Nygren Kalispell City Planning Board Minutes of the meeting of June 14, 2016 Page I 1 reviewed photos of the property and noted that the residence, garage and possibly some trees will have to be removed from the property along 6th Street West. Any trees removed will be replaced according to the requirements of the city's Parks & Recreation Department. Nygren stated two public comment letters have been received that both indicate that parking and traffic could be an issue in the area. Nygren clarified that the development includes two off-street parking spaces for each unit meeting the city's parking requirements. No access off the alley -way is currently being proposed. Staff recommends that the Kalispell Planning & Zoning Commission adopt staff report #KCU-16-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the six conditions in staff report. BOARD DISCUSSION Young asked about the alley access and Nygren clarified there is no vehicle access onto the alley currently proposed. However there wouldn't be anything that would prohibit that access in the future. Kauffman asked if a garage could potentially be constructed off the alley and Nygren said yes. Lorch asked if there is R-2 zoning to the east and Nygren indicated the closest zone is RA-1, which is quite a distance from this property. He added the zoning of this property and surrounding zoning is R-4. Kauffman asked if this is the first step before a preliminary plat would come to the table and Nygren stated a plat would not be required because townhouse subdivisions are exempt. The conditional use permit is required because they are 3 or more attached units. Nygren explained further. PUBLIC HEARING Valerie Poston, 1120 5"' Street West stated she lives across the street from this proposed development. Poston said her concern is the number of townhouses because the area is already extremely busy with traffic from the high school and Peterson & Elrod schools. She is nurse at the hospital and not only is she concerned with safety but also the additional traffic four townhouses would generate. There are busses that also use 61h Street and there are no sidewalks from Meridian to the high school. She asked why some of the parking can't be put in the back of these residences. Jim Cossitt, 1231 6th Street West stated he owns 1229 & 1231 6th Street West which means that he owns t/2 of the subdivision that is known as 6th Street West Townhouses. Cossitt distributed 4 sets of his written comments to the board. His initial concern with this Kalispell City Planning Board Minutes of the meeting of June 14, 2016 Page 12 application is there is a serious problem with non -disclosure and good faith. He explained the law suit he fled against the prior owners and the Lis Pendens he filed naming Angela Cahoon and the City of Kalispell as defendants. Copies of these documents are attached to these minutes. Cossitt noted that the filing of a Lis Pendes puts the public on constructive notice of matters that affect either title or right to possession of real estate. He added when he recorded the Lis Pendes he claimed an interest to the title of that real estate. When Angela Cahoon bought this property she took title via a Warranty Deed on 4/22/16, knowing that there was a law suit pending, and filed the application for the conditional use permit without disclosing this. Cossitt provided the board clerk with a copy of the Lis Pendes (copy attached to these minutes). He said it is inappropriate for the Kalispell Planning Department (Board) or the Kalispell City Council to continue consideration of this application without his affirmative consent, without dismissal of the law suit, or without a judicial determination of the merits of the law suit. He added the city had constructive notice and failed to search the land records. Cossitt reviewed his written comments on the staff report for the board. (Copy attached to these minutes). He added if the board recommends approval of the conditional use permit he urges the board to adopt a condition that requires that the side yards or the setbacks be more in the neighborhood of 10 — 12 feet, not the 5 feet required. Angela Cahoon, 127 Wishart Road, Columbia Falls stated she recently finished a subdivision in Columbia Falls with these same units and she is very proud of them. She thought this property at 1221 6th Street West in Kalispell was a great investment and she innocently purchased the property. At closing the title company did make her aware that there was a Lis Pendens against this property, however she has never spoken to Mr. Cossitt, and the title company assured her that the reason for the Lis Pendens was due to the fact that there was a tree on the property line that has been an issue. She agreed to purchase the property and has since contacted a dangerous tree removal service to remove the tree and she is hopeful that this would settle the matter. Cahoon apologized as one of the workers did some work before 7:00 a.m. and she added it will not happen again. Cahoon introduced the project manager, Mark Cahoon. Mark Cahoon, 127B Wishart Road, Columbia Falls stated they completed a subdivision in Columbia Falls with this same type of townhouses and if any one has any concern about his conduct or honesty please contact the City of Columbia Falls. They have Kalispell City Planning Board Minutes of the meeting of June 14, 2016 Page 13 been 100% open and have not tried to hide anything. Cahoon said they have already mowed the grass a few times and just got cleared to finish the asbestos removal so now they can go ahead and demolish the garage and the house. He has tried to contact Mr. Cossitt as they want to get along with the neighbors. As far as the trees go they were told if the tree had to be removed they would have to replace it, and they have agreed to that. Cahoon noted that Angela Cahoon did buy the property. Cahoon noted that the person who started the work before 7 a.m. was from Habitat for Humanity as the Cahoons' had offered to let them recycle some of the materials from the site. He added each townhouse will be a different color, about 1650 square feet w/3 bedrooms and 2-1/2 baths. He described the parking at the Columbia Falls project where they added an additional parking spot in front, providing 3 off-street spots in exchange for vegetation between the units, and he noted it did alleviate some of the parking on the street. They are open for any suggestions to make this project work well. Cindy Buckalew stated that she owns 1215 & 1217 - 6th Street West and she doesn't have a problem with them building there but she does have a problem with that many units. If the garages are going to be in the front it doesn't really leave any room for guest parking and that will overflow into the street. Sixth street is a through street and is a race track from Meridian Road to 5th Avenue. The street and alley are in poor condition and she has called the city without much response. Cossitt said not -with -standing the concerns he has expressed he is pleased someone has stepped up to the plate and committed capital to develop this property on 6th Street West. It will enhance his property values. However he feels it is appropriate that they resolve their squabble with him first. He also shares the concerns about the density and the traffic that was mentioned. MOTION Lorch moved and Kauffman seconded a motion to adopt Staff Report KCU-16-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the six conditions in staff report. BOARD DISCUSSION Lorch said there is an elephant in the room and he doesn't feel that the board has any business discussing the lawsuit. Lorch suggested the board review the application for the conditional use permit on its merits. The city's attorney will have a chance to review the issues and will advise the planning staff on whether the application should be moved forward to the city council. Young asked if the board should ask the staff for additional Kalispell City Planning Board Minutes of the meeting of June 14, 2016 Page 14 information that is not a part of the staff report and Pesola said his initial thought was to table the application to allow the staff to review the options and then come back for an initial vote. Kauffman agreed. Jentz suggested that a Lis Pendens is a pending action. There is no injunction and nothing stopping the board from taking action. Jentz said he is comfortable with the board looking at the merits of the project and moving it forward, with the direction that the city attorney review the action prior to sending the conditional use permit application to city council. Lorch suggested he would like to hear from the applicant and what the issues would be to delay their project for a month's time. He added the application should be considered based on the regulations that the board is required to consider for review. Young also noted he would like to proceed with the review of the conditional use permit application. Lorch noted that there are duplexes built on standard size city lots all the time and Nygren said these units require 6,000 square foot minimum lot size and this lot is 19,700 square feet. They actually could be requesting six units on this property and they are only proposing four. Nygren said density is not an issue in this case. Lorch agreed this proposal looks less congested in terms of the build -out vs. the square footage of the lot. Lorch continued one of the main concerns relates to parking and because of the design of the driveways it eliminates any on -street for the entire frontage. There was lengthy discussion regarding density and increasing on - and off-street parking spaces for each unit to 3. It was noted that requiring 3 off-street parking spaces would exceed the requirement and increasing the amount of spaces would only be a suggestion not be added to the conditions. Jentz noted it could be conditioned if there is a specific issue that would support findings of fact. Further discussion was held. MOTION — INCREASING ON- Lorch moved and Kauffman seconded a motion to amend the main AND OFF-STREET PARKING motion to add a condition that would require a total of 12 on- and off-street parking spaces adjacent to or on the property to eliminate the public concerns regarding safety, traffic and visibility, and congestion. BOARD DISCUSSION Young said he has a hard time supporting this motion because it is putting a condition on this developer that would not be placed on any other developer, in any other part of the city. Kalispell City Planning Board Minutes of the meeting of .Tune 14, 2016 Page 15 Pesola said he appreciates the concern for safety on that street however, he doesn't know that the concern provides sufficient findings of fact to create a larger burden on the applicant. He would tend not to support the amendment. Skees noted she is going to err on that side as well because it would add a condition that is not already required, or potentially would not be required in the future. Skees added that she would hope that through this discussion, and if the interested parties want to work with their neighbors, parking is something that they would want to resolve for the neighborhood. ROLL CALL The motion to increase on- and off-street parking failed on a roll call vote of 1 in favor and 4 opposed. BOARD DISCUSSION The board directed staff to request a review of the issues by the city attorney. ROLL CALL The original motion passed unanimously, on a roll call vote. COURTHOUSE EAST A request from Minna Winder to amend the requirements of the PLANNED UNIT Courthouse East Planned Unit Development. The Courthouse East DEVELOPMENT PUD permitted a maximum of 28 units in order to comply with the AMENDMENT — MINNA JOY limits of the underlying R-5 Zoning. The applicant is requesting WINDER that the maximum number of units be increased from 28 to 29 units. The request would allow the applicant to convert a 3 bedroom residential unit into a 2 bedroom residential unit and an efficiency studio unit. The subject property is located at 723 5tn Avenue East. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Board reviewed staff report KZC-16-02 for the board. Nygren said this is a request to amend the Courthouse East Planned Unit Development (PUD). Nygren noted this request is a zone change. The conditions associated with this PUD that were approved in 2005 are the zoning. He reviewed the recent amendments to the PUD ordinance that calculates how density is determined for the board. The density requirement being measured as gross would allow up to 30 units so the applicant is requesting and additional unit for a total of 29 units. The increase would be the conversion of an existing 3-bedroom into a 2-bedroom unit and then creating an efficiency unit. No additional square footage is being included. Nygren noted that the Courthouse East Homeowners Association has approved the additional unit. Staff recommends that the Kalispell Planning Board adopt staff report KZC-16-02 as findings of fact and recommend to the Kalispell City Council that condition # 7 of the Courthouse East Kalispell City Planning Board Minutes of the meeting of June 14, 2016 Page 16 PUD be amended to allow 29 units. BOARD DISCUSSION Lorch asked if the city could expect that they will come in for the 301h unit at some point, and is there any reason why 30 wouldn't be granted? Nygren said a request would have to be submitted and staff didn't want to make the decision to increase the units allowed to 30, but that could happen in the future by going through the same process. PUBLIC HEARING No one was in attendance and the public hearing was closed. MOTION Lorch moved and Kauffman seconded a motion to adopt staff report KZC-16-02 as findings of fact and recommend to the Kalispell City Council that condition #7 of the Courthouse East PUD be amended to allow 29 units. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Nygren noted staff continues to work on the amendments to the Growth Policy with city council and after getting through 2/3rds of the document there have been several changes. Nygren added it may be coming back to the planning board for review. Jentz mentioned that the city council is moving forward with action on the South Kalispell Urban Renewal Plan update. It is scheduled for a vote on the July 51h city council meeting. Nygren reviewed the agenda for the July meeting and indicated there will two annexation requests, one on West Reserve Drive just east of the new Town Pump; and the we have also have an annexation/deannexation of a piece of property in the Core Area where there is a sliver of industrial land. In addition there will be a conditional use permit from the Tree Frog Tavern on Highway 2 West for an accessory casino. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 8:00 p.m. NEXT MEETING The next regular planning board meeting is scheduled for July 12, 2016 beginning at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1st Avenue East, Kalispell. Chad Graham President APPROVED as submitted/corrected: / /16 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of June 14, 2016 Page 17 PLANNING FOR THE FUTURE Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com I planning PETITION FOR ZONING MAP AMENDMENT i - — I ) '4 NAME OF APPLICANT: MAIL ADDRESS:— / c� 3 CITY/STATE/ZIP: INTEREST IN PROPERTY: kL4- PLEASE COMPLETE THE FOLLOWING: 1-5-- �d4HONE: A. Address of the property: 7� G U f -Z( yam _ 7_ _�7SF'� B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number ee (Section, Township, Range) —!�' -tW.51ie (Attach sheet for metes and bounds) C. Land in zone change (ac) D. The present zoning of the above property is: E. The proposed zoning of the above property is: F. State the changed or changing conditions that make the proposed amendment necessary: HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy & B. Lessening congestion in the streets �// providing safe access 1 C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare kL E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities k K H. Giving reasonable consideration to the character of the district I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the valu e of build* gs K. Encouraging the most appropriate use of laid by assuring orderly growth The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during approval process. (Appli a t gnature) � � -73 - ff 713 / A (Date) 3 MONTANA Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning You are being sent this notice because you are a property owner within 150 feet of one of the proposed projects noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at planning(i;kalispell.coin, NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION June 14, 2016 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 14, 20166 beginning at 6M) P.M in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the agenda items listed below: 1. File # KCU-16-03 — A request from Angela Cahoon for a conditional use permit to construct four (4) townhomes within the R-4 (Residential) Zoning District per Section 27.07,030 of the Kalispell Zoning Ordinance. The R-4 Zoning District allows single-family, duplex and townhouse development limited to two (2) attached units as a permitted use. Three (3) or more attached townhouses require a conditional use permit to analyze the compatibility with the surrounding neighborhood. Currently, the property is developed with a single-family residence at 1221 61h Street West. Developing the property would include the demolition the existing residence. The property owner will need to connect to city sewer and water, which are in the vicinity of the property. Individual service line extensions are required in order to serve the townhomes. The property is located at 1221 6`h Street West. The property can be legally described as Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. 2. File # KZC-16-02 — A request from Minna Winder to amend the requirements of the Courthouse East Planned Unit Development per Section 27.19.020(9)(b) of the Kalispell Zoning Ordinance. The Courthouse East Planned Unit Development permitted a maximum of 28 units in order to comply with the limits of the underlying R-5 Zoning. The applicant is requesting that the maximum number of units be increased from 28 units to 29 units. The request would allow the applicant to convert a 3 bedroom residential unit into a 2 bedroom residential unit and an efficiency studio unit. Since the time the Courthouse East Planned Unit Development was approved, the City amended the Planned Unit Development standards to use "gross acreage" as the standard, rather than the net. Accordingly, under the new standards provided by the zoning ordinance, the Courthouse East Planned Unit Development could have up to 30 units maximum. The subject property is located at 723 5`h Avenue East. The property can be legally described as Lots 1-12, Block 203, Kalispell Addition 3, located in Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda item is posted on our website at ws `w,kalisg El.cc m lam ng under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. I723 5th Ave East SECTION 17, 728N., R.21 W. I N- Eastside Brick Condo, Lots 7-12, Block203 ' �"``,. *,' Subject Property ®723 5th Ave E. ' i I ®9 50ft. Mailing List �A Date: May 13th, 2016 Kalispell Planning Dept. Q 150 300 FilePath:1120161mailings105132016 Feet