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I7. Ord 1795 - B-3 Core Rezone Ph 2PLANNING FOR THE FUTURE MONTANNA REPORT TO: Doug Russell, City Manager V1- 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: Ordinance 1795 - KZC-16-04 Core Area B-3 (Core Area Business) Rezone, Phase 2 MEETING DATE: August 7, 2017 BACKGROUND: A request from the Kalispell City Planning Department to rezone a portion of the Core Area from B-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) to B-3 (Core Area Business). The B-3 Zoning District was created specifically for properties within the Core Area Plan Boundary and the subject properties are located within the heart of that area. Rezoning of the subject properties from B-2, B-4 and I-1 to B-3 reflects the goals and policies of the Core Area Plan. All of the property owners within the area to be rezoned were notified about the proposed rezone. There was originally opposition from one property owner whom wished to be excluded; however, as outlined below were later included in the zone change proposal. As part of the notification staff held an open house for the owners and a work session at planning board where staff could answer any questions about the proposed rezone. The zone change includes 27 property ownerships and encompasses an 5 1 - acre area bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 41h Avenue East North and then the south side of the BNSF RR R/W from 41h Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks, located within Section 7 and Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on January 10, 2017, to consider the zone change request. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Kalispell City Council that the zone change request be approved. During the public comment portion of the hearing, Tom Rygg, disclosed that he would like to be included in the zone change after initially being in opposition. There being no further public testimony, the public hearing was closed and a motion was presented to adopt staff report KZC-16-04 as findings of fact, and recommend to the Kalispell City Council that the zone change be approved. The Board discussed the inclusion of Tom Rygg's properties, at which time a motion was presented to include his properties in the zone change request. Discussion concluded the request was appropriate and the motion was approved unanimously. Board discussion concluded that the zone change was appropriate, and the original motion, as amended passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1795, an ordinance to amend Section 27.02.010, official zoning map of the City of Kalispell Zoning Ordinance 1677, by rezoning certain real properties within the Core Area from B-2, B-4 and I-1 to B-3, located within Section 7 and Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. Report compiled: July 28, 2017 ATTACHMENTS: Ordinance 1795 Staff Report, Maps January 10, 2017, Kalispell Planning Board Minutes c: Aimee Brunckhorst, Kalispell City Clerk 2 II 13 13 1AEI us] A►Cox_ k"' i AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS AN AREA BOUNDED ON THE NORTH BY THE CENTER LINE OF U.S. HWY 2 (IDAHO STREET), ON THE WEST BY THE CENTERLINE OF 3RD AVENUE EAST NORTH, ON THE SOUTH BY THE CENTER LINE OF CENTER STREET BETWEEN 3RD AND 4TH AVENUE EAST NORTH AND THEN THE SOUTH SIDE OF THE BNSF RAILROAD RIGHT OF WAY FROM 4TH AVENUE EAST NORTH EASTERLY TO ITS INTERSECTION WITH THE EASTERLY END OF THE CITY LIMITS ALONG THE RAILROAD TRACKS, LOCATED WITHIN SECTION 7 AND SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the Planning Department is requesting that the zoning classifications attached to the above described tracts of land, currently zoned either B-2, General Business; B-4, Central Business; or I-1, Light Industrial, be zoned B-3, Core Area Business; and WHEREAS, the properties are generally bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF Railroad right of way from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks; and WHEREAS, the Planning Department prepared a report, Staff Report #KZC-16-04, and recommended that the properties as described above be zoned B-3, Core Area Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 10, 2017, and recommended that the zoning be City B-3, Core Area Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as described B-3, Core Area Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy -- Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-16-04. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the properties described above as B-3, Core Area Business, on those properties generally bounded on the north by the center line of U.S. Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF Railroad right of way from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. 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 21ST DAY OF AUGUST, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk CITY OF KALISPELL PLANNING DEPARTMENT REQUEST FOR ZONE CHANGE FROM B-2 AND B-4 TO B-3 STAFF REPORT #KZC-16-04 KALISPELL PLANNING DEPARTMENT JANUARY 10, 2017 The following is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to rezone a portion of the core area from B-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) to B-3 (Core Area Business). A public hearing has been scheduled before the Kalispell City Planning Board for January 10, 2017 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 The City of Kalispell Planning Department is requesting that the properties generally bounded on the north by the center line of US Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 41h Avenue East North and then the south side of the BNSF RR R/W from 41h Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks be rezoned from B-2, B-4 and I-1 to B-3. The B-3 Zoning District was created specifically for properties within the Core Area Plan Boundary and the subject properties are located within the heart of that area. Rezoning of the subject properties from B-2, B-4 and I-1 to B-3 reflects the goals and policies of the Core Area Plan. The Core Area Plan contains the following policies in support of the B-3 Zoning of the subject properties: 1. Zoning within the Core Area should accommodate a mix of residential and commercial uses. 2. Update existing zoning regulations to encourage land uses set out in the Core Area Plan. 3. Review existing zoning district patterns to ensure the zoning districts are consistent with the Core Area Plan and rezone areas where there is conflict. Staff notified all of the affected property owners within the proposed rezone area via letter in November and also held an open house on December 13, 2016. The letter and open house were intended to provide information regarding the process of a rezone and how a rezone to B-3 would affect the use of their property. To date, only the former Rygg Ford property has an objection and has been asked to be excluded. A. Petitioner / Owner: City of Kalispell Planning Department P.O. Box 1997 Kalispell, MT 59903 B. Location and Legal Description of Property: The zone change includes 26 property ownerships and encompasses an area bounded on the north by the center line of US Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF RR R/W from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks, excluding Parcel "A" and Parcel "B" of COS 13660, located within Section 7 and Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The existing land uses within the subject rezoning area consist of a multitude of commercial business uses including offices, hotel, restaurant and retail. The area also includes some industrial uses that include a salvage yard, MDT maintenance and CHS fertilizer facility. As mentioned previously, the subject properties are located within the B-2, B-4 and I-1 Zoning Districts. The Kalispell Zoning Ordinance describes the intent of the B-2 Zoning District as: "A district which provides for a variety of sales and service establishments to serve both residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would be typically found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map." The Kalispell Zoning Ordinance describes the intent of the B-4 Zoning District as: "A business district intended to set apart that portion of the city which forms the center for financial, commercial, governmental, professional and cultural activities. This district is not intended for general application throughout the planning area. This zoning district would typically be found in areas designated as commercial on the Kalispell Growth Policy Future Land Use Map". The Kalispell Zoning Ordinance describes the intent of the I-1 Zoning District as: "An industrial district intended to provide areas for light industrial, research and technology. The uses would typically not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.), which extend beyond the lot lines. The zoning district would typically be restricted to area designated as industrial on the Kalispell Growth Policy Future Land Use Map." 2 D. Proposed Zoning: The proposed zoning district for the subject properties is B-3, Core Area Business. The Kalispell Zoning Ordinance describes the intent of the B-3 Zoning District as: "A district which is intended to provide a variety of both commercial and residential uses. Commercial uses would typically include a mix of retail, office, restaurant, and other similar uses. This zone is based primarily on the core area plan adopted by the city for the area along the railroad corridor and is intended to further the goals and policies in that plan." E. Size: The area to be rezoned is approximately 47.8 acres, including the adjacent right-of-way. F. Adjacent Land Uses and Zoning: North: B-2, U.S. Hwy 2, commercial and residential East: B-2, commercial South: RA-1, R-3, P-1, residential, electric substation and Woodland Park West: B-3, commercial and multi -family G. General Land Use Character: The general land use character of this area can be described as commercial with some intermittent light industrial uses. The commercial business uses including offices, hotel, restaurant and retail. The industrial uses include a salvage yard, MDT maintenance and CHS fertilizer facility. H. Utilities and Public Services: The area to be rezoned is served by city water and sewer and by city streets. Sewer: City sewer Water: City water Refuse: City collection services Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department I. Public Comment: No public comment has been received at this time. All of the property owners within the area to be rezoned were notified. As part of the notification staff also held an open house for the owners to discuss how the rezone would affect their property. 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 3 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 proposal is consistent with the goals and policies of the growth policy. The growth policy encourages development and redevelopment in the target development areas (Core Area). Additionally, Chapter 4 of the Core Area Plan laid out the following "first steps" for implementing the Core Area Plan: 13. Develop zoning tools that will enable the Core Area to accommodate a mix of land uses and achieve the Core Area Vision. a) Develop new zoning tools and creative approaches to enable property owners to achieve the Core Area vision. 2. Does the zoning regulation consider the effect on motorized and non - motorized transportation systems? The zone change would have a minimal effect on transportation systems since the proposed zoning district is designed to be a live/work environment and of urban scale where supplemental modes of transportation would be used. Additionally, any development or redevelopment is reviewed by the city's site review committee to ensure any impacts to the transportation system are adequately addressed. 3. Is the zoning regulation designed to secure safetv from fire and other dangers? Adequate access and public facilities are available to the properties in the case of an emergency. There are no features related to the properties which would compromise the safety of the public. All municipal services including police and fire protection, water and sewer service are available to the area. 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 when the property is developed or remodeled. The standards and uses within the B-3 Zoning District are the most appropriate for properties within the Core Area and intended to further the goals and policies of the Core Area Plan. 11 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The B-3 Zoning District provides for development standards similar to Main Street. The proposed standards are consistent with an urban environment and provide the most efficient use of space in an area with existing infrastructure. There are also additional standards provided for within the zoning ordinance that will assure developments provide for parks, landscaping, parking, etc. that provide reasonable provisions of adequate light and air. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The proposed amendment would have minimal impact on those services. Any development or redevelopment is reviewed by the city's site review committee to ensure any impacts to the public infrastructure are adequately addressed. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? Rezoning the properties to B-3 reflects the vision created by the Core Area Plan. A rezoning of the properties to B-3 allows any redevelopment of the subject properties to maintain and enhance the current built environment as envisioned by the Core Area Plan. 8. Does the zoning regulation consider conserving; the value of buildings? The value of buildings within the rezoned area will be enhanced by the B- 3 Zoning District, which provides for increased development opportunities. The B-3 Zone is a more inclusive zone that provides for uses and standards the current B-2, B-4 and I-1 Zones do not; such as, reduced parking, increased height, reduced setbacks and multi -family uses. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. The only areas of the municipality that will be affected by the proposed B-3 Zoning District at this time are the subject properties. The B-3 Zoning District provides for the most appropriate zoning and provides the tools necessary to implement the goals and policies of the Core Area Plan. 9 RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-04 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) be rezoned to B-3 (Core Area Business). 0 AL Kalispell Core Area B-3 Zoning Efforts NORTH Proposed B-3 Zone =Existing B-3 Zone L . 1t— MAX A, 117 77444-1 r qwjI MO rn - S ---DEPOT PARK EGEN�13 60 All, S U-)A .4 -A 51 Date: Nov 28th, 2016 FiIePathJ\2016\maiIings\1 1282016 Kalispell Planning Dept. 0 500 1,000 Feet W— 'I VI Appendix B - 1 APPENDIX B TABLE OF USES ALLOWED BY ZONE REVISED USE CATEGORIES Residential Uses Bed and breakfast P P Day care - home (12 or fewer) 1:' P P Day care - center (13 or more) P P Dwellings - single family P P P Dwellings - duplex 11 P P Dwellings - townhouse (2 attached units) p p Dwellings - townhouse (3 or more attached units) C C Dwellings - multi -family F° C C/P*l Group home - 8 or fewer persons C C Group home - 9 or more persons C C Guest House Home occupations �' P P P P Mobile home park Residential care home or facility C C Safe houses 1' P P P P Public, Civic & Institutional Uses Aircraft hangers Airports and heliports Assembly halls/stadiums/convention hall facilities (includes auditoriums and racetracks) C C C C Bus station 1' P P P P Cemeteries, mausoleums and columbariums Church t' P P P Community center 1' P P P Energy production C Fairgrounds (public) P P P P P Golf courses Homeless shelters ` C C C Appendix B - 2 REVISED USE CATEGORIES= oa m ca Hospital (including treatment centers and 24 hour care facilities) Jail facilities P P P P P Police and fire stations P P P P P Libraries, museums and P p p P similar cultural facilities Parks P P P P P Post office 1' P P P Pre-release centers and C private jail facilities C Schools — K-12 (private) Schools — K-12 (public) k' P P P P Schools — post secondary (private) Schools — post secondary P P P (public) P Schools — commercial f' P P P P Telecommunication towers, cellular communication towers (including radio, TV, C C internet, phone and cable providers) C Utilities (primary distribution C C C site) Retail, Service & Business Uses Athletic club �' P P P Auctions, indoor P P P Auto (RV, boats, motorcycles) sales and/or C' P C P P repair C p p Auto or vehicle body shops Auto parking - surface 1' P P P P Auto parking - structure 1' C C Auto rental, limo, shuttle p P P (taxi) services P Auto service station P P C P P Bakery P P P P P Banks and financial P P P institutions P Barber and beauty services P P P P Bars, taverns and clubs AC AC AC P Appendix B - 3 Campground/RV parks C Car wash, auto detailing shop i` P P P P Casino (refer to Section { C C C 27.34.040) Catering establishments P P P P P Food bank P P P P REVISED USE CATEGORIES o Funeral homes and p P P P crematoriums Greenhouses, nursery centers P and landscaping materials P P p Hotel, motel Janitor services P P P Laundromats or dry cleaners P P P P P Lumber/building material P sales (with/outdoor P P display/storage) P p Media (newspaper, radio, TV) Media, towers and facilities 11 P P P (accessory) P Microbreweries 1' P P P P Office - P P P P P professional/governmental Office - medical with limited 1, P P P overnight stay Pack and ship shops P P P P P Photographic studio P P P P Print and copy shops P P P P P Recreation area, indoor P P P P P Recreation area, outdoor C C P C Rental service stores and P P P yards Repair shops (appliance) C P P P Repair shops (clothing, P P P P P electronics) Restaurants P P P P Retail business P P P P Retail, limited P*6 Sexually oriented business C Shooting/archery - indoor V AC P P Shooting/archery - outdoor C C (archery only) Appendix B - 4 Small engine sales, service and repair P P P Tattoo parlor P P P Theaters i P P P Veterinary clinic - small animals P P P P Veterinary clinic - large animals P P REVISED USE CATEGORIES Industrial Uses Aircraft maintenance/repair P Art foundry, metal sculpture, molding and casting P P Asphalt batch plants Assembly - light p P P P Assembly - heavy Auction yards, livestock C Auto wrecking/salvage yards C Contractor's storage yard C P P Extractive industries Farm machinery assembly, repair and sales P P Feed/seed/processing/cleaning C P Fertilizer, bulk sales P P Film production studios P P Food processing - light P P Food processing - heavy Forest products and manufacturing C Foundry and metal fabirication plants Fuel oil/gas/petroleum products, bulk storage/sale C C Glazier P PC Grain elevators C HVAC/electrical/plumbing, sales/service P P P Heavy equipment sales/service P P Kennels, animal shelters AC AC AC Appendix B - 5 Laboratories, tech research, P P P development and testing Landfills Laundries/dry cleaning plants P P Manufacturing - light (no „ P P smoke, fumes, odor, dust Manufacturing - heavy Manufactured home sales lot P Mini-storage/recreation AC AC AC vehicle storage Rail Industrial Park REVISED USE CATEGORIES P Monument manufacture and P sales Recycling center C P Scrap processing yard C (recycle/metal yard) Taxidermy facilities P P Technology - research, P design, engineering and d' P telecommunication facilities P P Truck and trailer rental Truck terminal P P Utility storage yards and C P associated offices Warehousing and distribution P P Woodworking shops, mill P P works Agricultural Uses Agricultural and horticultural uses F a a 3a N C X � y EN z � o0 00 00 z 1.6 z W Wax � zUxwxax c�Wc� �W9 Woo er aav° o�www�ozw Ww �wxv�xaxv�v�x KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING January 10, 2017 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:11 p.m. Board members present were: Doug Kauffman — acting president, Christopher Yerkes, Rory Young & Ronalee Skees. Chad Graham joined the meeting at 6:20pm. Charles Pesola & Steve Lorch were 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 December 13, 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. STAMPEDE PACKING A request from LRP, LLC to annex a 3.89 acre parcel into the city ANNEXATION and zone the land I-1 (Light Industrial) upon annexation. The property is located at the 2095 Airport Road. The property is developed with Stampede Packing, a meat processing plant with appurtenant facilities. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KA-1 6-05 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-16-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be I-1 (Light Industrial). BOARD DISCUSSION None. PUBLIC HEARING Ryan Mitchell — 102 Cooperative Way, Ste 300 — stated he is the consultant for this project. Advised that economically for the property owner it makes more sense to annex into the city and connect to the city sewer than to continue with the DEQ discharge permits every year. MOTION Skees moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA- 16-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be I-1 (Light Industrial). BOARD DISCUSSION None. Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page I 1 ROLL CALL The motion passed unanimously on a roll call vote. B3 CORE AREA REZONE II The City of Kalispell Planning Department is requesting that the properties generally bounded on the north by the center line of US Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF RR R/W from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks be rezoned from B-2, B-4 and I-1 to B-3. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KZC-16-04 for the board. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-16-04 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Young inquired about the delay in moving the project forward to the City Council. Jentz responded that it is a courtesy that the Planning department is doing for CHS while they are in negotiations on the relocation of their facilities. President Graham took his seat at approximately 6:25pm. PUBLIC HEARING Tom Rigg — stated he would like to go on record that he has changed his position and now agrees with the B-3 Core Are Re- zone and would like to include the property he owns. MOTION Young moved and Yerk.es seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-03 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business) and B-4 (Central Business) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Nygren advised the board that since Tom Rigg is now in agreement with the B-3 Core Area Re -zone they will need to do a motion to include the properties that Tom Rigg owns. MOTION - AMENDMENT Yerkes moved and Young seconded a motion to amend Staff Report #KZC]6-03 to include the properties owned by Tom Rigg, which were not included in the original staff report. BOARD DISCUSSION Graham noted that since he came in late on the discussion he feels he should abstain from voting on the B-3 Core Area Re -zone. ROLL CALL The original motion, as amended, passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 12 BOARD MEMBER SEATED Young recused himself from the discussion and vote on item 1 Southside Estates and item 3 Kalispell North Towne Center due to a conflict of interest. SOUTHSIDE ESTATES A request from Team Development, LLC for Southside Estates, a major subdivision of an 8.83 acre parcel into 29 lots. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KPP-16-02 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-16-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Southside Estates be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Skees moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-16-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Southside Estates be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. KALISPELL NORTH TOWNE A request from Stillwater Corporation, for Kalispell North Town CENTER Center — Phase 1, a major subdivision of 81.4 acres of land into 12 lots. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KPP-16-03 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-16-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Kalispell North Town Center — Phase 1 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Graham asked if the developer is currently working on extending Rose Crossing through at this time because he has seen some activity going on the area. Nygren advised that he would let the applicant address that question more specifically; however it is intended for Rose Crossing to be developed as a rural cross section in areas not a part of the subdivision as it heads east. Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page13 PUBLIC HEARING Zack Graham — 411 E Main St., Ste 101, Bozeman — stated he is with CTA Architects and is representing the applicant. He advised that the activity that is going on in the area is some testing of the sand for use with concrete. MOTION Kauffman moved and Yerkes seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-16-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Kalispell North Town Center — Phase 1 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Jentz clarified to the board that extending Rose Crossing is a part of the preliminary plat and that we will see this project go up in phases due to the sheer size of the project. Graham added he is very excited for this project to move forward and see it progress. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Young returned to his seat. OLD BUSINESS Jentz updated the board on what stage of the approval process The Lofts @ Ashley are in. NEW BUSINESS Jentz advised that if the work session for the Kalispell Regional Healthcare PUD goes well tonight we could be looking at a public hearing at the February 14th Planning Board meeting. ADJOURNMENT The meeting was adjourned at approximately 6:47 p.m. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, February 14, 2017 at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1st Avenue East. /s/ Chad Graham Chad Graham President APPROVED as submitted/amended: 2/14/2017 /s/ Kari Hernandez Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of January 10. 2017 Page 14