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03-11-08KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 11, 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, Rick Hull, John Hinchey, Jim Williamson and C.M. (Butch) Clark. Robyn Balcom was absent. Sean Conrad and Tom Jentz represented the Kalispell Planning Department. There were approximately 10 people in the audience. APPROVAL OF THE Clark moved \and Hinchey seconded a motion to approve the MINUTES minutes of the Kalispell City Planning Board and Zoning Commission of February 12, 2008. ROLL CALL The motion to approve passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. BLOOMSTONE PLANNED A request by Kalispell National Investment Company to amend UNIT DEVELOPMENT AND the existing R-4/PUD zoning on an 85.2 acre property and PRELIMINARY PLAT PHASE develop the property as a residential subdivision called lA & 1B Bloomstone. The overall project will be developed in 5 phases providing a total of 569 dwelling units. The developer is also requesting preliminary plat approval for phases 1A & 1B of the project. Phase 1A consists of 8-8plex apartment units, 74 single family residential lots, and 10 townhouse lots. Phase 1B consists of 37 single family residential lots. The residential lots will range in size from 2,400 square feet (townhouse lot) to 8,000 square feet. The 85.2 acre site is located immediately west of the Kids Sports complex on the north side of Four Mile Drive, approximately 1/2 mile west of the intersection of Four Mile Drive and Highway 93 North. STAFF REPORT KPUD-07- Sean Conrad, representing the Kalispell City Planning 07 & KPP-07-14 Department reviewed staff reports KPUD-07-07 8z; KPP-07-14 for the board. Conrad noted The city's Parks &s Recreation Director, Mike Baker and Park Superintendent Chad Fincher are present to address the Parks Department's recommendation on the Bloomstone project. Conrad said the Bloomstone subdivision is located on the north side of Four Mile Drive. The project site is approximately 85 acres in size and is zoned R-4 (Two -Family Residential) zoning district with a PUD overlay district. Conrad stated before the planning board is the preliminary plat of Phase 1, which is proposed in 2 sub -phases lA & 1B. Phase 1 has 185 units proposed and within this phase all Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 1 of 10 housing types are represented. 0 As part of the. PUD application the developer requested 15 deviations from both the zoning ordinance and the subdivision regulations. Part of the deviations included reducing the minimum lot area for the R-4 zoning district; reducing the minimum lot width; reducing the setbacks; increasing the lot coverage; and redefining some of the terms in the zoning ordinance, including lot coverage and how building height is defined. Conrad noted the planning staff can support a majority of these requested deviations but could not support redefining how lot coverage is defined and how building height is interpreted throughout the city. In addition staff could not support requested setbacks on the 6,000 square foot and larger lots. Hinchey asked how setbacks are measured and Conrad said the city measures from the eave and the developer wanted that amended to be measured from the foundation or building wall. Staff is recommending that the current method of measurement be maintained. Conrad said another deviation from the subdivision regulations requested is to allow 8 through lots with streets on either side which is usually discouraged by the city. However the planning board and city council could support the use of through lots if there are issues such as topography, which is the case with this project. Conrad added staff is recommending that fences along Treeline Road for the through lots along with townhouse and single family lots in this area be reduced to 3 1/2 feet. Conrad explained the reasoning for the reduction of the fence height. Conrad said regarding parkland the current proposal is 569 units for the entire Bloomstone site which would require a -minimum of 17 acres of parkland. With this project the developer is proposing 2 tot lots - a small playground that serves kids who are 8 years or younger, a 1 acre park, and a bike/pedestrian trail along the eastern boundary. The Parks & Recreation Department has recommended that the developer improve the bike/pedestrian trail to serve as a health and fitness trail therefore it could count as parkland. Conrad touched on the grading of Four Mile Drive and noted staff is recommending Condition #7 in the PUD which would require the developer, upon submitting a preliminary plat for phase 2, to provide a grading plan showing the final grade for the site and indicate any retaining walls that will be over 3 feet, both on the site and on the north and south sides of Four Mile Drive. With that information the planning board and the neighboring property owners to the south could review the plan and discuss adding aesthetic features and other measures to lessen the impacts. Schutt expressed his concern with giving condition approval of a preliminary plan and asked isn't the city locking Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 2 of 10 0 themselves into that plan and in turn requiring significant grading to lower Four Mile Drive and the rest of the site. Conrad said yes and further explained the scope of the project. Mike Baker, Parks 8v Recreation Director noted they have spent a lot of time working with the developers and the planning department in formulating conditions for parkland for the Bloomstone project. Baker reviewed the Parks Master Plan for the board which identifies 11 neighborhood and 5 community parks that would be needed by the year 2020. Baker added Bloomstone did not come to the table with the parkland requirement for their project at this time, but they have offered cash -in -lieu of parkland. Baker continued there are 11 acres of land north of the Bloomstone project that is owned by DNRC. In the past there have been discussions between DNRC, the city, and Kids Sports that this property be used as a future park site and could be obtained possibly through a land trade. The cash -in - lieu money that will be paid by Bloomstone could also be used toward the purchase of the 11 acres and/or to help develop the parkland into a neighborhood park. Baker said the city would proceed with the purchase of this land instead of the developer because the local government would have more flexibility and more options for purchasing the land from DNRC. Baker said they also have agreed to accept one of the tot lots in the middle of the multi -family housing units and the bike/pedestrian trail that goes from Four Mile Drive north along the eastern boundary, with the health and fitness stations, as parkland.. There is currently a fence along the western boundary of Kids Sports that separates the residential area from the sport fields which will remain in place, and he added no gates will be installed along that portion of fencing and the fence will be changed to be more aesthetically pleasing. There was discussion regarding the height of the fence. Hull asked if the city was going to buy the 11 acres outright and Baker said it would either be a 99 year lease or a permanent easement. Williamson asked for clarification on the parkland and the. bike/pedestrian trail on the eastern side and Baker responded. Clark questioned agreeing to 5.55 acres of parkland within the Bloomstone development when 17.07 acres would be required. Schutt noted that can be discussed when the amendments to the conditions are presented. Staff recommends that the Kalispell City Planning Board and Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 3 of 10 Zoning Commission adopt staff report KPUD-07-07 as findings of fact and recommend to the Kalispell City Council the PUD for Bloomstone be approved subject to the 25 conditions in the staff report. Staff further recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-07-14 as findings of fact and recommend to the Kalispell City Council the Bloomstone subdivision, phases lA & 1B, be approved, subject to the 25 conditions listed in the staff report. Conrad noted staff is also recommending the planning board consider the following amendments to the conditions of approval: 14, Prior to the final plat of phase IA the developer shall provide the city with a cash in lieu payment of 5.55 47..07- acres of land less the one-aer-e pa-r E in phase an -the area of parkland for phase 1A. At the time the city is prepared to acquire the 11.3 acres of land immediately north of the Bloomstone subdivision, the remaining 10.52 acres of land shall be provided as a letter of credit for the city to draw upon. The cash in lieu payment and letter of credit value shall be based on the unimproved fair market value of the land devoted to lots. Note: The ,ash r ,_e„ r,,.,merts shall be used f_,- the aequisitien of the 11.3 ueres-i ediately arch of Blee,. st„re e t site Any funds remaining after the 1.,,-,.a is aequired wouldbe dire„te.7 towards the e,,,ts of the approved master- plan. At the time the Department of Natural Resources and Conservation land is acquired the remaining letter of credit funds shall be drawn upon to complete park improvements per the schedule approved in the park master plan referenced in condition 15. 15. Prior to preliminary approval of phase 2 the a eves „r er- and the Parks and Recreation Department in cooperation with the developer shall develop a park master plan for the 11.3 acre land immediately north of Bloomstone currently owned by the Department of Natural Resources and Conservation. The plan shall be implemented by the developer in a phasing schedule approved by the city council with input from the Parks and Recreation Department and planning board. Note: Development of the 11.3 acre land does not include the construction of a community center, swimming pool or any other facility not agreed upon in the park master plan. 35. A combination of landscaping and curbing Removable bellar-d-s shall be placed at the intersection of within the alley serving the Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 4 of 10 townhouse lots in phase 1B at the i ter -se .t;,,,.., of t� o alley and Treeline Road to prevent non -emergency vehicle traffic from entering the alley from Treeline Road. The location and type of landscaping and curbing of the bella shall be reviewed and approved by the Public Works Department and Fire Department. (Findings of Fact Section D) Conrad noted the amendments to Condition # 14 will address Mr. Clark's question regarding the amount of parkland. Amendments to Condition # 14 would require a portion of cash -in -lieu payment with the final plat of Phase 1A. That will give the Parks Department an initial fund for parkland related to the Bloomstone project. In the meantime the Parks Department and DNRC will negotiate on the 11 acre site. As the city and DNRC com closer to an agreement the developer will provide the city with a letter of credit equal to 10.5 acres to meet their parkland requirement for the entire project. Then after an agreement is reached the city would draw upon those funds to purchase the 11.3 acres of land and any funds remaining from that letter of credit, if any, could then be used for improvements to the parkland. Conrad noted developing the parkland will be reviewed by the planning board and city council in Phase 2 of the Bloomstone project. Clark asked that the land amount be converted to dollars and the developer said approximately $1.2 million. Condition 15 notes that the developer would not be obligated to construct and pay for larger facilities such as a community center or swimming pool but, based on the approved master plan for the site, would be obligated to install landscaping, irrigation, benches etc. Clark questioned why the developer would be required to install the landscaping, etc., when they have paid cash -in -lieu. Conrad said that requirement is consistent with other PUD developments the city has approved in the last 2 years.. Hull asked for clarification on the changes in definitions regarding height and lot coverage and Conrad explained from a standpoint of building review and future enforcement if all of the subdivisions had different heights and lot coverage it would become problematic for the city. Conrad reviewed Condition #35 that addresses the alley that serves the townhouse lots between Phase 113 and Phase 2. The developers originally proposed the alley coming through and connecting with Treeline Road because the subdivision regulations specifically prohibit dead end alleys. However, the Public Works Department felt it was necessary to limit the access points onto Treeline Road, which is a collector road. Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 5 of 10 0 Conrad noted the condition originally called for removable bollards to be put in place so that only emergency vehicles could utilize the end of the alley, which the fire department approved. Then the developer suggested an alternative to the bollards be considered since they are not aesthetically pleasing and the condition was modified to require the developer to install a combination of landscaping and curbing at that intersection instead. Clark said the reason the planning board promotes the use of alleys is to get the garages off the street and why would they want to then limit the access to the alley. Clark thought the alley should be able to access Treeline Road. Conrad noted the board can amend or remove this condition if they think that would be appropriate. Hinchey said he understands the need to minimize the traffic entering Treeline Road and suggested the 4 lots affected be allowed to have street loading garages. APPLICANT/CONSULTANTS Jim Davis, representing Kalispell National Investment Company, 124 Swan Ridge Court in Kalispell described the front and alley loaded lots for the board. Davis stated they are in support of the city's recommended conditions and their entire team is present to answer any questions. Hull noted under deviation # 13 is a request to locate the sidewalk on the edge of the right-of-way and it is his experience that allowing sidewalks this close to the street get filled with snow in the winter and then become impassable. Davis said it is his understanding that the sidewalks would be pushed to the edge of the right-of-way to increase the boulevard. Schutt asked Davis to review the major steps of this project that brought them to this final version and Davis did. He added the plan has improved and is a better fit with the family oriented, front porch living community intended for this area. PUBLIC HEARING Dan Johns, 216 North Riding Road stated he is the President of Kids Sports. They have had a number of discussions with Bill Winn and his group and they have all been positive and they enjoyed the opportunity to work with them and have them as neighbors. In addition, they have had a public/private partnership with the city for 11 years now and their working relationship with the city and Mike Baker has been outstanding. With respect to that fence, Johns is confident that can be resolved. He said Kids Sports is not interested in the 11 acres because of the cost of acquiring the land. They believe there is more of an economic advantage for Kids Sports if they agree to release some acreage on Highway 93. He added they Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 6 of 10 (D encourage the city, through the Bloomstone cash -in -lieu, to acquire that property and to develop it as a neighborhood park. Johns referred to Condition # 14 and described the ways the city could acquire the 11 acres from DNRC. Johns noted his concern is that the city and DNRC would not be able to mutually agree to a price for the land. In addition Johns encouraged the city to only use the $1.2 million cash -in -lieu to develop or acquire this piece of ground. Schutt agreed it would be a serious wrench in the works if that whole deal were to fall through. Johns continued as for parking at Kids Sports they built that complex looking at what normal parking needs would be and they made 2 mistakes. One is they thought every 1-2 cars instead of 3-4 by the time you count the aunts and uncles and grandmas and grandpas who show up. When they finish the 7 fields that they are building now they will look at expanding next to the soccer fields farther north and it will include a larger parking lot to access the north side of the complex. Jessica,Antonivich, 30 Salem Street asked if any other access points were examined besides Four Mile Drive and regarding open space if there were any other layouts explored that would locate the open space more centrally to make it easier for residents to access the open space. Schutt noted the board will bring those issues up during board discussion. MOTION - PLANNED UNIT Hull moved and Hinchey seconded a motion to adopt staff DEVELOPMENT report KPUD-07-07 as findings of fact and recommend to the Kalispell City Council that the PUD for Bloomstone be approved subject to the 25 conditions in the staff report, including the amendments to conditions 14 8v 15. BOARD DISCUSSION Williamson said he would like to visit Condition #7 and the grading of Four Mile Drive. It is his understanding that the developer wants to drop that hill 18 feet which is a very significant number, especially with the future plans of making Four Mile Drive a 3 lane collector road. Retaining walls and fill could potentially prevent the property owners to the south of Bloomstone from gaining reasonable access to Four Mile Drive when they develop their property in the future. Williamson suggested the following amendment to Condition #7: MOTION - AMEND Williams moved and Schutt seconded a motion to amend CONDITION #7 Condition #7 to add: "The subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive feasible." Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 7 of 10 BOARD DISCUSSION I Lengthy discussion was held regarding the amendment. Gregg Lukasik, Morrison-Maierle, 125 Schoolhouse Loop, Kalispell clarified the road needs to be lowered approximately 11 - 12 feet at the highest point. Since the road is depressed they are looking at lowering the top of their site up to 18 feet because city standards require an 8% maximum grade. Schutt noted there is 6-8 feet of drop off on the south side of that road already and asked if a person can get reasonable access for a new intersecting road from the south now and Lukasik responded the way they would have to do it would be to grade into their site. Lukasik continued they met with Public Works about getting the SID rolling and the city would like to move forward and take a comprehensive look at Four Mile Drive from Highway 93 all the way out to Spring Creek Road. Lukasik added issues like access will be covered as part of the SID. Schutt said he agrees with Williamson that there should be a provision added for access on the south side of Four Mile Drive. Hinchey asked if the developers have been in contact with the landowner to the south and Bill Winn said yes and reviewed those discussions. Clark said if he were the property owner to the south he would be elated that the developer of Bloomstone was funding the reconstruction of Four Mile Drive to city standards. Jentz noted the city cannot design a road that will land lock any property otherwise the city would have to buy the property through condemnation. Williamson disagreed that the hill would have to be cut in order to achieve the 8% grade. It is a solution, he added but not the only solution. Jentz said the condition is reasonable but reminded the board this hearing is not the end of the process. Further discussion was held. ROLL CALL - AMENDMENT I The motion to amend Condition #7 passed on a roll call vote TO CONDITION #7 of 3 in favor and 2 opposed. ROLL CALL - ORIGINAL The motion to approve the PUD, as amended passed MOTION ON THE PUD I unanimously on a roll call vote. MOTION - PRELIMINARY Hinchey moved and Clark seconded a motion to adopt staff PLAT - BLOOMSTONE report KPP-07-14 as findings of fact and recommend to the PHASES 1A & 1B Kalispell City Council that the Bloomstone Subdivision, Phases lA &s 1B, be approved subject to the 25 conditions Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 8 of 10 listed in the staff report, including the amendment to Condition #35 recommended by staff. MOTION - CONDITION #35 Clark moved and Schutt seconded a motion to delete Condition #35 to restore full access of the alley in phase 1B to Treeline Road and eliminate the north/south allies in phase 1B that were recently included by the developer. BOARD DISCUSSION Schutt asked with the curbing and landscaping proposed at the end of the alley does that mean that an emergency vehicle would "hop" the curb to access those properties and Conrad said yes. Hinchey said he cannot support the amendment because the board should not second guess the Public Works Department. Williamson asked if the alley were to go through by striking the condition and it was restored to a full movement access, would it meet the intersection separation distances? Jentz noted Section 3.9.K.3 of the Kalispell Subdivision Regulations states "Two streets meeting a third street from opposite sides shall meet at the same point, or their center lines shall be offset at least 125 feet for local roads and 300 feet for arterial or collectors." Jentz added Treeline Road is considered an arterial or collector road, however they would not consider the alley to be a street and that is the dilemma. Williamson said he sees what Public Works is trying to do and he would be in favor of retaining Condition #35 so that it is not a functioning intersection. Williamson added he would also prefer curbing and landscaping to bollards. ROLL CALL - DELETE The motion failed on a roll call vote of 1 in favor and 4 CONDITION #35 opposed. BOARD DISCUSSION Hinchey asked if the townhouse lots are all alley loaded and if most of the z-lots will be alley loaded and Conrad said yes. Hull said they are allowing this density because this is a unique piece of property with no neighbors. Jentz noted for the record the PUD was approved several years ago for a density of 14 units per acre and this developer's project is significantly under the density that would be allowed under this PUD. Hinchey said the developer did reduce the density and in is coming up with some innovative concepts for the smaller lots. Hinchey noted he has been an outspoken critic of smaller lots in the past but he thinks the z-lot concept is intriguing and he wants to see it developed. Schutt said he feels the density is appropriate here because Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 9 of 10 it is very close to major services and could provide rental units for students of FVCC, which is needed. ROLL CALL - The motion to approve the preliminary plat of Bloomstone, BLOOMSTONE Phases lA & 1B, as amended passed unanimously on a roll SUBDIVISION PHASES 1A & call vote. 1B OLD BUSINESS: None. NEW BUSINESS: The next regular meeting has 2 tentatively scheduled items: An annexation on Willow Glen Road near Four Corners; and a zone change south of Albertson's near Meridian Road from I-1 (Light Industrial) to B-2 (General Business). ADJOURNMENT The meeting adjourned at approximately 9:10 p.m. WORK SESSION: Immediately following the regular meeting a work session BLOOMSTONE PLANNED was held on the following item: UNIT DEVELOPMENT AND PRELIMINARY PLAT 1. Kalispell West Growth Policy Amendment NEXT MEETING The next work session is scheduled for Tuesday, March 25, 2008, at 7:00 p.m. in the Kalispell City Council Chambers located at 312 First Avenue East. The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for April 8, 2008, at 7:00 p.m. in the Kalispell City Council Chambers located at 312 First Avenue East. A cZ. APPROVED as (ubrnriiltted corrected Michelle Anderson Recording Secretary 01-/ off /08 Kalispell City Planning Board Minutes of the meeting of March 11, 2008 Page 10 of 10