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04-14-09KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 14, 2009 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: John Hinchey, Rick Hull, C.M. (Butch) Clark, Jim Williamson, Richard Griffin and Troy Mendius. Bryan Schutt was absent. Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were 14 people in the audience. APPROVAL OF MINUTES Clark moved and Hull seconded a motion to approve the minutes of the March 10, 2009 meeting of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. BERTELSEN ANNEXATION A request from Neil Bertelsen to annex 2.48 acres and zone the land B-2 (General Business) with a Planned Unit Development (PUD) placeholder zoning district over the entire site upon annexation. The 2.48 acre site is located approximately 500 feet west of the intersection of Highway 93 South and Cemetery Road. The property is developed with a single-family residence with the address of 135 Cemetery Road. STAFF REPORT KA-09-01 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KA-09-01. Conrad reviewed the location of the property along Cemetery Road near the Town Pump Gas Station, and stated the owner is requesting annexation' into the city with the initial zoning of B-2/PUD (General Business/Planned Unit Development). Conrad reviewed the surrounding uses which include residential and commercial. Conrad continued the Kalispell Growth Policy designates this site as commercial which calls for zoning that would allow a combination of commercial/office/light industrial and residential uses. This use is consistent with the commercial land use designation on the growth policy map. The PUD overlay is proposed to coordinate the design with the existing development both to the north and west of the site, incorporate good access design at this critical intersection, making sure future development does not negatively impact the airport to the north, and that any development at this location is attractive because of its prominent location at the entrance corridor to the city. Staff recommends that the Kalispell City Planning Board and Kalispell City Planning Board Minutes of the meeting of April 14, 2009 Page 1 of 7 Zoning Commission adopt staff report KA-09-01 as findings of fact and recommend to the Kalispell City Council that the zoning for the properties upon annexation be B-2/PUD (General Business/Planned Unit Development). BOARD QUESTIONS Griffin asked what liability would the city assume through annexation of Welf Lane and Conrad said the annexation boundary would be to the center of Welf Lane and the Public Works Department would be required to maintain at least that portion of the lane. Conrad added in talking with the Public Works Director, in areas where the city has 1/2 of the road and the county has the other V2 they work out a plan on who will do the plowing and maintenance on that road. He noted Cemetery Road is currently under a similar plan. Griffin asked when the city will address curb, gutters, and sidewalks for this property and Conrad said those discussions will be held when a development proposal is submitted to the city. Hull asked if the landowner could remove the PUD overlay zoning district in the future and Conrad said yes but that would have to come before the board and city council for approval. APPLICANT/CONSULTANTS Debbie Shoemaker, Marquardt/Marquardt Surveying said she is representing the client and is available for questions. Hull asked what general plans are being considered for this property and Shoemaker said no plans to develop the property are currently in the works. The property owner is preparing the property for his children and possibly for sale in the future. Hull asked why the PUD and Shoemaker said the planning staff recommended that a PUD placeholder be put in place so then if someone purchases the property they would have to come back to the board and council for a review of their proposal. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION - ZONE CHANGE Clark moved and Hull seconded a motion to adopt staff report #KA-09-01 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-2/PUD (General Business/Planned Unit Development). BOARD DISCUSSION Clark said this property and zoning fits into the current commercial designations/development in that area. Hinchey said he agrees and added he likes the PUD because it provides for a review of the future development of the property. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of April 14, 2009 Page 2 of 7 n MAW CONDITIONAL USE A request from Steven Maw for a conditional use permit to PERMIT construct a 4-plex on a 12,500 square foot lot zoned RA-1 (Low Density Residential Apartment). The property is located on the south side of Vista Loop in the Three Mile Views subdivision, located on Three Mile Drive. STAFF REPORT ICU-09-05 I Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-05. Conrad reviewed the location of the property and provided a brief history of the subdivision that created this lot. Conrad reviewed the site plan. He noted one issue is the access onto Vista Loop. Public Works had some concerns with the access point because there is already a driveway serving a single family residence immediately north of the site, a driveway serving the future townhouse units immediately to the west and a 20 foot driveway that would serve this 4-plex for a total of 4 driveways in a fairly short distance. Public Works met with the developer and it was agreed that street trees would be planted on either side of the driveway as well as sod laid to help delineate the driveway from the rest of the street. Conrad provided a photo of another similar 4-plex that this developer built located on East California Street. He noted the building would be a 2-story building however additional architectural features would be required so the 4-plex would blend in with the existing houses in the neighborhood. Conrad described the architectural embellishments for the board and indicated if the CUP is approved the Architectural Review Committee would review the design before construction. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-09-05 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the 15 conditions listed in the staff report. BOARD DISCUSSION Hinchey asked if No Name Street behind this development was an actual roadway and Conrad said it is a driveway serving houses that are still in the county. Williamson asked if the bike rack noted in Condition #9 is designed to be in addition to the normally required parking or is the bike rack intended to allow them to reduce the parking. Conrad said under the parking regulations the developer would be allowed to reduce parking by 5% with the addition of the bike rack however, that would only equate to about 1 less parking space. APPLICANT/TECHNICAL Steven Maw, building contractor and applicant of the SUPPORT conditional use permit stated he built another 4-plex similar to the one proposed and the reason he chose this lot is the size of the lot that would enable him to build the 4-plex Kalispell City Planning Board Minutes of the meeting of April 14, 2009 Page 3 of 7 0 back away from the street where the view would not be obscured. The city's recommendation of trees along the driveway would also screen the building from view. There will be townhouses or duplexes also running east to west along Three Mile Drive and additional multi -family lots would be allowed with a conditional use permit. If this project is approved the next phase would be to acquire a building permit and go through architectural review and he added he is not opposed to anything that the Architectural Review Committee would require. Hull asked how tall will the building be and Maw said it will not exceed 30 feet and have a 5/ 12 pitch roof. Clark said it appears that the building is moved far enough east to not block the view to the south and Maw said that would be correct. Maw added a duplex, if located on this lot instead, would be orientated differently than what is proposed and could very well block the view to the south to some extent. Williamson asked for a review of the layout of the units and Maw provided that information. Williamson agreed additional architectural embellishments should be required along with additional windows and Maw said that could be done. Griffin said a letter submitted indicated that this area was intended to be open space and Conrad said no the lots were ever designated as parkland or open space in the Three Mile Views subdivision. Jentz reviewed the location of parkland that would serve this subdivision for the board. Clark asked if the city would consider access onto Three Mile Drive and Jentz said when the entire subdivision was developed the Public Works Department and MDT agreed no access would be approved onto Three Mile Drive only the internal street. Griffin noted No Name Road accesses onto Three Mile Drive and Jentz said No Name Road serves as the driveway for 4 lots that are still in the county and has been there more than 25 years. He added at one time this area was at the edge of the city and now the city extends 1-1/2 miles beyond this point. PUBLIC HEARING Greg Husby, 59 Sunset Court, Kalispell stated he lives 3 doors down from this proposal. Husby said when he was first told that townhouses would be built down the street they were not very happy and now with a 4-plex that seems a bit much, especially considering the location. It is at the corner of a very narrow street and there are a lot of kids in the neighborhood. He added this 4-plex will also have a negative effect on the value of his property. Kalispell City Planning Board Minutes of the meeting of April 14, 2009 Page 4 of 7 0 Ray Connelly, 51 Sunset Court, stated he is involved because his house is directly north of the proposed 4-plex. Connelly said behind his house is a row of trees that already obscures his view of the mountains and so if the 4- plex is built instead of a duplex or townhouse they will lose any views they have. Connelly said they received a letter from the city that a 4- plex was to be built that would be out of character with their single-family community. He indicated the zoning had already been changed to permit the construction of duplexes or townhomes and they feel any additional movement in this direction would be pushing the envelope and spoiling the beauty and quality of their neighborhood. He said they purchased their home in August of 2008 and the neighborhood has been a safe and quiet family neighborhood. Children play freely and the parking needs of the residents and visiting friends on these narrow streets has been sufficiently met without becoming overly crowded. Connelly said this proposed zoning amendment would not only threaten the safety of their family neighborhood and overcrowd the narrow streets but they are concerned about the negative effect the proposal will have on their property values if located next to what might become apartment row. He added once approval is granted in this case there will be nothing preventing the construction of more and more similar units that would encompass the entire length of the street. He asked will they be able to allow their children to play freely in their front yards and walk down the street. Would the lifestyles of the apartment residents and their visiting friends endanger the sense of security they need and rightfully deserve. Additionally, he continued, crime would increase which would place a greater burden on the city's law enforcement, legal system and county assistance programs. Connelly said there seems to be more than adequate 4-plex units to meet the needs of Kalispell in other areas and he believes any new housing should not drastically differ and detract from already established neighborhoods and affect negatively the lives of its residents. They sincerely hope that the board will consider the needs of this neighborhood and rule favorably on behalf of the community. Connelly submitted a letter from Irene Edwards, 63 Sunset Court; and Richard Sherrill, 115 Vista Loop to the board for their consideration. Copies are attached to the minutes. Skyler Hellbusch, 55 Sunset Court stated this is just too tight of an area to bring in that much traffic. He could see townhouses but not apartment buildings unless the access was off of Three Mile Drive. Kalispell City Planning Board Minutes of the meeting of April 14, 2009 Page 5 of 7 0 Todd Morstein, 45 Vista Loop stated this 4-plex will depreciate the property values throughout the subdivision and the streets are too narrow. This is a family subdivision with lots of kids with adding at least 8 cars into the neighborhood the probability of children getting hurt is increased. Husby agreed there will be safety issues with children and vehicles and he thinks standard townhouses would look better. Connelly said he wouldn't mind a townhouse either, in fact that is what they expected. He repeated he has major concerns with children's safety and security in their neighborhood. BOARD DISCUSSION None. MOTION Clark moved and Williamson seconded a motion to adopt staff report #KCU-09-05 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the 15 conditions listed in the staff report. BOARD DISCUSSION Clark said he thought a duplex or townhouses could be built west/ east and possibly block more of the view than this proposal; however a duplex or townhouse would produce less traffic than the 4-plex. Hinchey said the board should look at the 4-plex on its merits and he feels it is inappropriate for this neighborhood. Townhouses are a part of a residential community and an apartment building is not and the street is too narrow. Hinchey said the design doesn't fit into the character of the neighborhood of single family homes and a parking lot in the front yard is definitely out of character with the adjacent single family homes. Clark agreed. Griffin said he agrees with Hinchey also. Griffin noted he is not concerned about the rental aspect because a duplex could still turn out to be a rental property however multi- family will change the nature of the neighborhood. Hinchey said there is a reason a duplex is a permitted use and a 4-plex needs conditional approval because this proposal doesn't meet the conditions. ROLL CALL The motion to approve the conditional use permit failed unanimously on a roll call vote. BOARD DISCUSSION Hinchey suggested the board amend the findings to support denial of the conditional use permit. Kalispell City Planning Board Minutes of the meeting of April 14, 2009 Page 6 of 7 The board feels a 4-plex is inappropriate in this case because it would change the nature and character of the neighborhood. The board also cited their concerns with the additional traffic and agreed either a duplex, single family home, or 2 unit townhouse on these lots would be a better fit. The board agreed with those findings. MOTION Clark moved and Griffin seconded a motion to adopt the amended findings of fact and deny the conditional use permit. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 8:00 p.m. WORK SESSION A work session was held following the regular meeting to discuss the following: Zoning Ordinance Update - Zoning Districts (Uses and Development Standards) and PUD's. NEXT MEETING The next work session of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, April 28, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, May 12, 2009, at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. 41 V V( John Hinchey Vice President Michelle Anderson Recording Secretary APPROVED as submitted/corrected: 5-/ 2//09 Kalispell City Planning Board Minutes of the meeting of April 14, 2009 Page 7 of 7 IRENE EDWARDS 63 SUNSET COURT KALISPELL, MT. 59901 April 14, 2009 To Whom It May Concern; 1 am notin favorof granting a -zone change on the loton Vista Loop. I would oppose a multi -housing project. The original plan called for "park land". I do not understand what laws would allow this to be changed and multi housing to be allowed. I think that at this time it is zoned for single family housing and also for duplexes. I am fine with this. I would also oppose the zone change, due to the current street size. All of the homeowners in the area recognize that the streets are too narrow for the single family housing that now occupies the neighborhood. I understand that the proposal would include parking for the 4-plex, but the congestion on the streets that would be involved is already,too much. This. additional street traffic would have a negative impact. on the. children and pets that currently reside in the area. Irene Edwards Business Manager, Smith Valley School i L tu ,.s do cop—d9 94- Al �f It, V c >5 3f — l� I� yn 'd