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07-08-08KALISPELL CITY PLANNING BOARD & ZONING COMMISSION 0 MINUTES OF REGULAR MEETING JULY 8, 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, C.M. (Butch) Clark, John Hinchey, Richard Griffin and Troy Mendius. Rick Hull was seated at 7:02 p.m. and Jim Williamson was seated at 7:04 p.m. Tom Jentz and Sean Conrad represented the Kalispell Planning Department. There were approximately 20 people in the audience. APPROVAL OF MINUTES Griffin moved and Hinchey seconded a motion to approve the minutes of the June 10, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. ANNEXATION & INITIAL A request from Tom Tonkinson for annexation and initial ZONING - TOM TONKINSON zoning designation of R-4 (Two -Family Residential) on an existing lot approximately one-half acre in size. The property is currently developed and contains a prefabricated building, two covered storage areas and a metal shed. Mr. Tonkinson is interested in connecting to municipal services to water his lawn and the mature pine trees on the lot. The property is located at 610 South Meridian Road. STAFF REPORT KA-08-04 Tom Jentz, representing the Kalispell City Planning Department reviewed staff report KA-08-04 for the board. Jentz said Mr. Tonkinson is asking for annexation to the City of Kalispell and the staff is recommending R-4 zoning which is a single family/duplex zone. Jentz reviewed the site plan for the board. Mr. Tonkinson was receiving water from a property outside the city - Wild Goose Gardens, however that relationship is over and Tonkinson now needs access to water and is requesting annexation. The water line currently runs along the frontage of this property on South Meridian Road and is currently zoned County R-1 zoning which is a 1 acre minimum lot size residential zone. The surrounding zoning to the north and east is zoned City R-4 so the proposed zoning seems appropriate. Jentz said there is a scattering of large buildings on this property and it is not currently developed as R-4, however should it develop in the future staff would expect it to be residential in character. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-08-04 as findings of fact and recommend to the Kalispell City Council that the Kalispell City Planning Board Minutes of the meeting of July 8, 2008 Page 1 of 7 initial zoning for the property, upon annexation, be R-4 (Two - Family Residential). Schutt asked if there was an existing residence on this property and Jentz said no. Schutt asked if there is existing sewer service and Jentz said they don't need sewer now because there is no residence but should they build anything in the future it would be built to the city codes with city sewer, if the R-4 zoning and annexation is approved. APPLICANT/CONSULTANTS None. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Hinchey moved and Clark seconded a motion to adopt staff report KA-08-04 as fmdings of fact and recommend to the Kalispell City Council that the initial zoning of the property, upon annexation, be R-4 (Two -Family Residential). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. CONDITIONAL USE PERMIT A request from Northwest. Healthcare Corporation for a - NORTHWEST conditional use permit to locate the Kid Kare program, a day HEALTHCARE care center for infants and toddlers under the age of two, in CORPORATION - KID KARE the north half of the building located at 200 Conway Drive. EXPANSION The building sits on top of the hill in the northeast corner of the US 93 and Conway Drive intersection and is part of the H-1 (Healthcare) zoning district. With the exception of a play area fence and business signs, changes will be primarily to the interior of the building. STAFF REPORT KCU-08-03 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-08-03 for the Board. Conrad reported this is a request for a day care facility on the corner of Conway Drive and Highway 93. The property is about 1 acre in size and is located in the hospital H-1 zoning district. The Kid Kare facility will be located in the north end of the building and Conrad added the front portion of this building has been remodeled and is currently being used as a pharmacy. Conrad reviewed the number and age range of the children that the facility is licensed for and the hours of operation. There is adequate off-street parking to accommodate the facility. Conrad noted one of the issues addressed in the staff report is the pedestrian access in and around the site. Based on discussions at the city's Site Review Committee, they recommended a condition that sidewalks be installed along Conway Drive as well as a bike path installed along Highway 93. Conrad reviewed the existing sidewalks in the area and Kalispell City Planning Board Minutes of the meeting of July 8, 2008 Page 2 of 7 noted there are gaps and disconnects and the condition would help fill in those gaps. Conrad reviewed other minor issues that are addressed in the staff report. Staff is recommending that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-08-03 as findings of fact and recommend to the Kalispell City Council that the Northwest Healthcare Corporation CUP be approved subject to the 8 conditions listed in the staff report. BOARD DISCUSSION Hull asked if this is a new facility and Conrad said there is an existing Kid Kare facility on Clairmont Drive however, that facility is at capacity so they are proposing another facility on the hospital campus. Griffin said he understands the need for sidewalks but the bike path would appear to be a path to nowhere. Conrad noted at this time it would not connect to any existing path along the highway. Conrad continued the intent of the Site Review Committee was to start getting these facilities along Highway 93 so they felt it was appropriate to add the condition. He added when the hospital comes in later this year to update their overall campus master plan staff has told them that one thing the city will be looking at is pedestrian and bicycle facilities in and around the hospital campus including leading out to Highway 93 and possibly some work along Highway 93. AGENCIES/APPLICANT Marcello Pierrottet, Director of Design Construction for Northwest Healthcare thanked the Planning Department, especially Nicole Johnson for putting this all together and he added she has done an excellent job and he has enjoyed working with her. Pierrottet noted Kid Kare applied for a conditional use permit in 2005 for the relocation of the day care to 66 Clairmont Drive from their previous location. There is currently an average of 78 kids enrolled in the program with a maximum capacity of 84 kids. There are times when the maximum number of kids is reached due to unscheduled drop-offs. There is a waiting list of approximately 50 kids, 30 of which are under the age of 2 which would be cared for at the proposed new location. This will allow the older kids to be schooled at 66 Clairmont Drive. Pierrottet reviewed the fencing requirements and the request of the Fire Department to add access doors to each one of the classrooms. Pierottet said they agree and support the conditions with the following exceptions: Condition #3 they accept the location of the sidewalk however he noted the condition states sidewalk Kalispell City Planning Board Minutes of the meeting of July 8, 2008 Page 3 of 7 will be constructed on Conway Drive an approximate distance of 200 feet from the corner of Highway 93 to the east edge of the property at 200 Conrad. Pierottet said the additional 60 feet or so lies adjacent to the Medical Arts property and he noted they cannot construct a sidewalk on their neighbor's frontage. Pierottet added there is currently an easement in place that allows them to access their property from the Medical Arts Building property. Pierottet reviewed future plans to construct a bike path from Whitefish to Lakeside and added the hospital plans to be a part of those future plans. He felt that requiring a bike path to nowhere, as stated in Condition #3 now, and the fact that adjacent properties have no plans to be redeveloped would not make sense. Schutt clarified that KRMC is objecting to a bike path along Highway 93 and Pierottet said yes. There was further discussion regarding Condition #4. Hull asked Pierottet to describe where the sidewalk would be located which he did. Nancy Greer, Director of Kid Kare said regarding the bike path it is a wonderful idea but this will be an infant daycare and the parents will not be biking their children to work. In the hospital's endeavors to provide infant care for the children of their employees they really need to expand Kid Kare. PUBLIC HEARING I No one wished to speak and the public hearing was closed. BOARD DISCUSSION I Hull asked if sidewalks are typically placed in the right-of- way and Conrad said that is correct. Clark said it looks to him that the bike path would be expensive to build. Jentz noted where the sidewalk location was as opposed to where the bike path would be located. There was further discussion regarding Federal Highway regulations and Jentz said to put a bike path along Highway 93 MDOT has to agree on the location and the proposed location could be problematic. Hinchey asked for clarification on the sidewalk/bike path issues and Conrad explained the recommendation is for a bike path along Highway 93 and a sidewalk along Conway Drive on the south side of the property. Jentz said Public Works brought the bike path issue up at Site Review Committee and he noted there are pieces of bike path gradually being installed along the highway from West Reserve south to the hospital area and the hope is to have them all connect in the future. Williamson asked if the bike path would be proposed at 8 feet wide and Conrad said Public Works didn't request a Kalispell City Planning Board Minutes of the meeting of July 8, 2008 Page 4 of 7 0 specific width but the condition notes that the bike path be designed in accordance with AASHTO's guide for development of bicycle facilities which Conrad said would be a minimum of 8 feet wide. Williamson asked if Public Works had any comments on where they wanted to see the sidewalk and Jentz responded. Clark asked, what are the chances that the bike path would be connected? Jentz said not likely and he added another option for the board would be to have them waive their share of a bike path until it is built as part of a larger system. Jentz added they could donate an easement and not protest the creation of an SID to install the bike path. MOTION Hinchey moved and Hull seconded a motion to adopt staff report KCU-08-03 as findings of fact and recommend to the Kalispell City Council that the Northwest Healthcare Corporation CUP for the expansion of Kid Kare be approved subject to the 8 conditions listed in the staff report. FURTHER BOARD Hull asked the name of the access where the sidewalk is DISCUSSION presently located? Conrad said it is a private driveway owned by the Medical Arts facility and would be used as access to the Kid Kare facility. MOTION TO AMEND Hull moved and Schutt seconded a motion to require CONDITION #3 - SIDEWALK sidewalk along the south property line of the Kid Kare parcel as well as the additional 60 feet along the Medical Arts Building property. BOARD DISCUSSION Clark asked if Hull was suggesting that they build a sidewalk beyond the hospital's property line and he said yes. Hull added it would be in the public right-of-way and if it doesn't get completed now it probably will never happen. Schutt thought that was a good point. Hinchey said it is important to have that tie but he felt it was onerous to require the hospital to connect the sidewalk across property owned by another entity. Clark concurred with that statement. Griffin said he opposes the amendment simply because they are asking the city council to set a precedent of obligating property owners to go beyond their boundaries to provide public services when there are other options available. There is another owner there and they are the ones who should be required to complete the sidewalk connection. Schutt said he recalls the board reviewed projects in the past where services were required to be installed on property not owned by the applicant. Clark said he does not support the motion. Kalispell City Planning Board Minutes of the meeting of July 8, 2008 Page 5 of 7 (J Conrad noted there is a cost share program where the Public Works Department will go in 50-50 if someone wants to repair an existing sidewalk. Jentz added for a new sidewalk the property owner would have to pay the entire cost. The city does have the option of ordering a sidewalk constructed however that is seldom done. Williamson said he thinks it is difficult to require that adjacent property owners' pay for the completion of the sidewalk but he also agrees that it is a logical connection. Williamson added the board could waive the requirement of the bike path on Highway 93 before they considered imposing the additional cost of sidewalk construction on the hospital. MOTION WITHDRAWN Hull withdrew the motion and the second concurred. MOTION TO AMEND Clark moved and Hinchey seconded a motion to require an CONDITION #3 - BIKE easement be granted to the city for the future construction of PATH EASEMENT a bike path along the Highway 93 frontage of this property and that KRMC/Northwest Healthcare also waive their right to protest an SID to build the bike path. The easement granted will not impair the existing parking lot or buildings. BOARD DISCUSSION Williamson asked how large of an easement would be typical for a bike path and Jentz said an easement would be offered at the time of construction so the board would not be determining the size and location of the easement today. There was further discussion where the easement should be located. ROLL CALL - AMEND The motion passed unanimously on a roll call vote. CONDITION #3 - BIKE PATH EASEMENT MOTION TO AMEND Hull moved and Schutt seconded a motion to require CONDITION #3 - sidewalk be constructed from Highway 93 along the south SIDEWALKS property line of the Kid Kare parcel extending east along the Medical Arts Building property to connect to the existing sidewalk. BOARD DISCUSSION Clark said he cannot vote in favor of this amendment. Hull said this is probably the only chance the city will ever have to get this sidewalk completed. Further discussion was held. ROLL CALL - AMEND The motion failed on a roll call vote of 2 - 5. CONDITION #3 - SIDEWALKS Kalispell City Planning Board Minutes of the meeting of July 8, 2008 Page 6 of 7 BOARD DISCUSSION Conrad summarized Condition #3 reads that they will still be required to install the sidewalk along Conway Drive and they have dropped the portion of the condition requiring the bike path along US Highway 93 and in its place added that they provide a bike path easement that doesn't impair the existing buildings and parking lot and that they waive their right to protest an SID for future bike path construction. The board concurred with his summary. Hinchey said he has first-hand knowledge of the Kid Kare operation because two of his grandchildren are cared for at this facility. They do a wonderful job and he supports the approval of the conditional use permit. ROLL CALL The original motion, as amended, passed unanimously on a roll call vote. OLD BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 7:50 p.m. WORK SESSION: Immediately following the regular meeting a work session was held on the following items: 1. Valley Ranch Planned Unit Development 2. Siderius Commons Growth Policy Amendment Due to the late hour the following work session items were postponed: 3. Entrance Corridor Standards Text Amendment 4. Kalispell West Growth Policy Amendment NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for August -12, 2008, at 7:00 p.m. in the new Kalispell City Council Chambers located at 201 First Avenue East. A work session is scheduled immediately after this meeting - 1 discussion items pending. Bryan H. Schutt President APPROVED a sub tte)corrected: Michelle Anderson Recording Secretary �/08 Kalispell City Planning Board Minutes of the meeting of July 8, 2008 Page 7 of 7