Loading...
10-11-16 - Regular MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING October 11, 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: Chad Graham, Steve Lorch, Doug Kauffinan, Christopher Yerkes, Rory Young & Ronalee Skees. Charles Pesola was absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Yerkes moved and Skees seconded a motion to approve the minutes of the August 9, 2016, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. GROWTH POLICY A request from W WRR, LLC and Dwayne Druckenmiller for a AMENDMENT — WWRR, LLC growth policy amendment. The growth policy amendment would /DWAYNE change the future land use designation. The area to be amended is DRUCKENMILLER approximately 20 acres located at the intersection of Stillwater Road and Four Mile Drive. BOARD MEMBER STEPPED Doug Kauffman recused himself as his firm is working with the DOWN applicant. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report KGPA16-01 for the board. Nygren said this request would amend the growth policy map from Suburban Residential and Urban Residential to Neighborhood Commercial and High Density Residential for the 20 acre area. Nygren displayed aerial imagery of the site and added the area has drastically changed with the inclusion of the Kalispell Bypass, new residential development, and the planned Westside Interceptor, which is a sewer project through the area. Nygren reviewed photographs of the area. He noted that this amendment would be more in line with what the future development of the area should be. Nygren displayed a map that showed the intersection of Four Mile Drive and Stillwater Road and noted 10.5 acres of the proposed amendment would be the Neighborhood Commercial land use designation and about 9.5 acres would be high density residential, acting as a transition into future single-family, duplex or townhouse uses. Nygren reviewed the current growth policy map. He noted since Kalispell City Planning Board Minutes of the meeting of August 9, 2016 Page I 1 there is no development in this area, it is a long-range plan, and rather than setting strict boundaries to property lines the pod was used instead to better suit the area. Staff recommends that the Kalispell Planning Board and Zoning Commission adopt Staff Report KGPA-16-01 as findings of fact and recommend to the Kalispell City Council that the growth policy land use designation be changed on the 20 acre site from Suburban Residential and Urban Residential to Neighborhood Commercial and High Density Residential on the Kalispell Growth Policy Future Land Use Map as shown on the exhibit map provided. BOARD DISCUSSION Lorch asked why the proposed growth policy map amendment doesn't apply to the whole intersection and just the property on the south. Nygren said they weren't included because those property owners didn't apply. The properties to the northwest and the northeast, the Starling PUD and DNRC's PUD, already have a Neighborhood Commercial component. Graham asked where is the nearest water and Nygren said at this time there are no services in the direct vicinity of the property. This is long-term planning document and at the time a development is proposed for the city, staff would look more closely at the services that would be provided. J'entz added there is water in Four Mile Drive but all the way back to Northland drive. Nygren explained further. PUBLIC HEARING Mike Fraser, 690 North Meridian Road in Kalispell stated he represents the applicants. Fraser said this started when Mr. Druckenmiller came in with this property and asked what options they had for future development. After reviewing the growth policy map they came up with the idea to create another pod for commercial development. With the infrastructure of the bypass and fitting with the current development proposals of commercial and mixed uses it made sense to request neighborhood commercial. The availability of infrastructure also was considered. Fraser added one of the benefits of the locale is the emphasis on the bypass pedestrian access, providing walking access to the people who live there, to small commercial services without the need to drive, which is appropriate for a neighborhood concept. Fraser concluded by adding the staff is thorough and he encouraged the board to vote favorably on this request. Debbie Street, 1400 Rose Crossing stated she represents the Grosswiler Dairy, whose property is on the northwest corner of this intersection. After checking with the planning staff they Kalispell City Planning Board Minutes of the meeting of August 9, 2016 Page 12 learned that their PUD on this property had expired. Therefore they would like to support the application, and request that their property be included in the request for a growth policy amendment as it mirrors what they originally had approved on the PUD for their property. MOTION Lorch moved and Young seconded a motion to adopt Staff Report KPP16-01 as findings of fact and recommend to the Kalispell City Council that the growth policy land use designation be changed on the 20 acre site from Suburban Residential and Urban Residential to Neighborhood Commercial and High Density Residential on the Kalispell Growth Policy Future Land Use Map as shown on the exhibit map provided. BOARD DISCUSSION Lorch asked if the board could propose expanding the proposed area to include the Grosswiler property at the northwest corner of the intersection and Nygren said yes. Jentz added it is the Planning Board's role to look at a growth policy amendment and adopt, amend, or deny based on the staff report prepared and the public comment received. The application was not meant to exclude the Grosswiler or DNRC property it was more a matter of timing on the part of the applicant. MOTION TO ADD THE Lorch moved and Graham seconded a motion to amend the NORTHWEST CORNER TO location and legal descriptions of the property to include the THE REQUEST & approximately 10 acre property to the northwest of the intersection AUTHORIZE THE of Stillwater Road and Four Mile Drive. In addition the following PRESIDENT TO SIGN THE amendment was added to the original motion: "and authorize RESOLUTION APPROVING President Graham to sign the resolution approving the THE AMENDMENT amendment". ROLL CALL — AMENDMENT The motion passed unanimously on a roll call vote. ROLL CALL — ORIGINAL The original motion, as amended, passed unanimously on a roll MOTION call vote. BOARD MEMBER TOOK HIS Board Member Kauffman returned to his seat on the board. SEAT TEXT AMENDMENT — A request from Western Neon, Inc. for a zoning text amendment. SECTION 27.22.170 OF THE The text amendment request would amend Section 27.22.170 SIGN REGULATIONS IN THE (Nonconforming Signs and Signs Without Permits) of the KALISPELL ZONING Kalispell Zoning Ordinance. ORDINANCE STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report KZTA16-04 for the board. Kalispell City Planning Board Minutes of the meeting of August 9, 2016 Page 13 Nygren noted this section specifically addresses existing signs that do not conform to the sign provisions of the ordinance but were legally in place prior to the adoption of application of the ordinance, and are considered nonconforming. The sign ordinance came into effect in 1992 so this would be signs that were installed prior to 1992. Nygren continued the applicant is proposing to remove the 50% rule language as noted in red below: 27.22.170: (2) Signs, on and off -premise, that have been damaged by fire, wind, or other involuntary causes, ex-eept in the asvandalism, in e*eess of �r 0 use of vandalism, a sigff may be restored to original condition if done ithi six inandis. In addition the applicant is proposing adding and removing the following language in red: 27.22.170: (7) Freestanding signs containing removable or replaceable panels shall be brought into compliance when making changes to the structure of the sign. Updated branding. architectural embellishments,�ainting, and changi of sign faces shall be permitted. o The growth policy which was adopted in 2003 has this specific recommendation: "Review and revise sign standards and policies so that existing nonconforming signs are eliminated through a more aggressive attrition program." In 2005 the city council and planning board held numerous meetings to address this recommendation and throughout that process there were various methods considered for nonconforming sign attrition such as, immediate compliance; a timeframe for compliance; or at the time 50% of the sign was being replaced. It was found that the 50% rule was a softer approach to address the issue to require (the signs) come into compliance at the time a significant amount of money was being invested into the sign. Nygren added the 50% methodology is consistent throughout the zoning ordinance. Nygren noted that since 2005 when the 50% rule was put into place, approximately 35 signs have been brought into compliance with the sign ordinance, through implementing the 50% rule. Staff recommends that the Kalispell City Planning Board adopt staff report KZTA-16-04 as findings of fact and recommend to the Kalispell City Council that the proposed amendment be denied as provided in the staff report. Kalispell City Planning Board Minutes of the meeting of August 9, 2016 Page14 BOARD DISCUSSION None. PUBLIC HEARING Dan Therrien, 723 5 Avenue East, Kalispell stated he is representing Western Neon and proposed the amendment. Therrien said what they have happening is a lot of businesses with nonconforming signs are uninformed, unaware and furious about this 50% rule. They buy a business that has a sign, that they are unaware has been changed in the past, and when they are requesting to make a change to what is designed to be a temporary part of a permanent structure they are denied and given the illusion of choice by either doing nothing and not advertise with signage, or they spend a lot more money to tear their sign down and erect a new one. Therrien said he is not proposing an amendment to new signage going in but proposing that existing signage can be changed. It really comes down to how (the city) wants to treat business owners, what is fair and what kind of burdens do they want to put on them, as advertising is expensive, and signage is an inexpensive way to advertise to a lot of people. It doesn't have anything to do with functionality or a safety issue. He doesn't think with nonconforming signs it is necessary to aggressively go after business owners and force that upon them. MOTION Skees moved and Kauffman seconded a motion to adopt staff report KZTA-16-04 as findings of fact and recommend to the Kalispell City Council that the proposed amendment be denied as provided in the staff report. BOARD DISCUSSION None. ROLL CALL The motion to deny the request passed unanimously on a roll call vote. OLD BUSINESS Jentz noted the Vacation Rentals By Owner Text Amendment continues to be a topic of interest. At this point it is tentatively scheduled for council action on November 7, 2016. NEW BUSINESS Jentz said on next month's agenda there will be bringing in a several block area for the B-3 Core Area Rezoning from B-2 to B- 3, to encourage redevelopment of the Core Area. Notices were sent out to the property owners and an open house was held last month and there was no negative feedback. The hospital has submitted revisions to their Planned Unit Development regarding signage, parking, transportation corridors through the hospital area, setbacks and uses. There will be a work session with the Planning Board at the next meeting. Kalispell City Planning Board Minutes of the meeting of August 9, 2016 Page 15 The work session tonight regarding The Lofts @ Ashley may lead to a public hearing at next month's meeting also. 3entz noted due to the Election Holiday on November 81h the regularly scheduled date of the Planning Board meeting, the meeting would normally be moved to either Wednesday the 9th or perhaps the following Tuesday the 15th. The board agreed on the November 9th date. Graham noted the public comment for the work session tonight will be held after board discussion. ADJOURNMENT The meeting was adjourned at approximately 6:40 p.m. WORK SESSION A work session was held immediately following the regular to discuss the following: A request to annex 3.79 acres with the initial zoning of RA-2 (Residential Apartment/Office) and for a conditional use permit to construct a 96 unit multi -family apartment complex within the property located at 2050 Airport Road. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Wednesday, November 9, 2016 6:00 p.m. and located in the Kalispell City Council Chambers, 201 15t Avenue East. tliad G am Preside t APPROVED as submitted/amended i/ A-12016 ✓1 J Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of August 9, 2016 Page 16