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01-09-07KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 9, 2007 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: Timothy Norton, Rick Hull, Bryan Schutt, Robyn Balcom, Bob Albert, Kari Gabriel and John Hinchey. Sean Conrad represented the Kalispell Planning Department. There were approximately 20 people in the audience. APPROVAL OF MINUTES Hinchey moved and Balcom seconded a motion to approve the minutes of the December 12, 2006 regular planning board meeting. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. BLUE SKIES - A request by James and Peggy Mathiason for annexation, ANNEXATION & initial zoning and preliminary plat approval for the Blue PRELIMINARY PLAT Skies Subdivision on approximately 2 acres. The owners are requesting the R-3 (Urban Single Family Residential) zoning district and approval of a preliminary plat to create 6 lots ranging in size from 7,840 square feet to 10,000 square feet. The property is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. STAFF REPORTS KA-06-16 Sean Conrad, representing the Kalispell Planning & KPP-06-17 Department presented Staff Reports KA-06-16 8s KPP-06-17 for the Board. Conrad stated this is a 2 acre site located on Valley View Drive and they are requesting annexation and initial zoning of R-3, Urban Single Family Residential, which allows for 4 units per acre and the applicant is proposing 3 units per acre. The requested zone also complies with the Kalispell City Growth Policy land use designation. In addition the R-3 Urban Single Family zoning fits into the character of the neighborhood. Conrad noted the applicant is also requesting a 6 lot residential subdivision. There is an existing home in the northwest corner. They will be required to make improvements to Valley View Drive from the center of the road to the property line and the internal subdivision road will be built to city standards. The R/W for the future bypass has been included on the plat and the interior road is an L shape. There is a 30 foot R/W which would allow for the extension of the city street to the properties to the south in the event they are developed in the future. Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 1 of 8 Conrad noted the conditions are general and related to the required improvements and added staff did not receive any comments either in favor or opposition of the proposed subdivision. Staff is recommending that the Kalispell City Planning Board adopt staff reports KA-06-16 & KPP-06-17 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-3, Urban Single Family Residential and the preliminary plat of Blue Skies Subdivision be approved subject to the 24 conditions listed in the staff report. QUESTIONS BY THE Hull asked if this property is contiguous to the city and BOARD Conrad said no and he reviewed the properties nearby that are within the city limits. Hinchey asked if the lots are accessed off of Valley View Drive and Conrad said yes. The internal road, El Dorado Road, will provide the internal access within the subdivision. Hinchey asked for clarification of the easement for future development. Conrad said what they are recommending is a 30 foot easement for road and utilities. Within the easement, prior to final plat they would need to construct a portion for a T-turnaround for a fire truck. When the property to the north develops they could also possibly use that easement for emergency access. APPLICANT/AGENCIES Olaf Ervin, Montana Mapping Associates, 1405 U.S. Highway 2 West stated that he is representing the Mathiason's and noted they concur with the staff report and the conditions. He added they worked very closely with staff in order to mitigate any issues so that the project would be straight- forward when presented to the board. Ervin further explained the 30 foot easement and noted that the property in this location has floodplain issues and is not suitable for development. They didn't think that it would be a benefit to put a 60 foot road R/W in this location but it does make sense to put in a utility R/W for the city. He added the property to the south has a 60 foot R/W proposed because it doesn't have environmental constraints and could be developed in the future. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION - ANNEXATION & Hinchey moved and Gabriel seconded a motion to adopt staff INITIAL ZONING report KA-06-16 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-3, Urban Single Family Residential. BOARD DISCUSSION None. Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 2 of 8 ROLL CALL I The motion passed unanimously on a roll call vote. Schutt moved and Gabriel seconded a motion to adopt staff report KPP-06-17 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Blue Skies be approved subject to the 24 conditions listed in the staff report. BOARD DISCUSSION I Gabriel asked for clarification on access and Conrad responded. Hull asked if there any groundwater problems. Conrad said there is a small creek to the north but the groundwater maps indicate a depth of 15 to 20 feet .below the surface. Conrad didn't think groundwater would be an issue for this site. Hull said there were other places in the city where they were told that there were no groundwater problems and now they are having problems and he just wanted to bring it up to be sure. Conrad said he did a site review and there is no evidence of surface groundwater but the board could make a recommendation to address it. Conrad added they have and will continue to address this issue in the staff reports and if it appears there are high groundwater tables they will make the recommendation to the board about possible mitigation. Norton asked if the stormwater retention on site looks adequate. Conrad said it does and said the Public Works Department looks at stormwater retention with the assistance of their new Stormwater Engineer. Conrad said that he would not anticipate any issues with this size subdivision. Norton thought that the L-shaped interior road was unusual and asked if there was discussion about doing a cul-de-sac instead. Conrad said they had proposed a cul-de-sac and at the city Site Review Committee they discussed wanting to provide some connectivity to adjoining properties so they came in with the T configuration. Conrad said that in further discussions with the Public Works Department they felt that requiring a 60 foot R/W for a city street for connectivity to the property immediately north of the subdivision would take up a large portion of the property. In addition, the property to the north of the subdivision has a significant amount of land going towards the future highway bypass. With so much land going to the future highway bypass or within a floodplain the. Public Works Department felt that an L shaped road was appropriate in this case with a 30 foot easement for fire turnaround and potential utility extensions. Balcom thought the road should be rounded instead of the L shape for safety and asked if the yellow arrow signs would be required. Conrad described the shape of the road and how it would work in relation to fire equipment. He added the Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 3 of 8 0 U easement language was written so that if the property to the north is developed and the road continues down to the south there is a potential for that easement to eventually abandoned or narrowed down for just utilities if it would no longer be needed. ROLL CALL I The motion passed unanimously on a roll call vote. RESUB OF LOT 1 OF A request by Abigail Fredrick for a planned unit development MINOR SUBDIVISION NO. (PUD) zoning district and preliminary plat approval of the 117 PLANNED UNIT Resubdivision of Lot 1 Minor Subdivision # 117 on DEVELOPMENT & approximately 4 acres. The property has recently been PRELINIINARY PLAT annexed into the city with the R-3 (Urban Single Family Residential) zoning district. The owner is requesting a PUD zoning district on the property to allow reduced lot sizes in the R-3 zoning district and a preliminary plat to create 7 lots ranging in size from 5,600 square feet to 29,540 square feet. The property is located on both the east and west sides of Denver Avenue. STAFF REPORTS KPUD-06- Sean Conrad, representing the Kalispell Planning 08 KPP-06-18 Department presented Staff Reports KPUD-06-08 & KPP-06- 18 for the Board. Conrad said in November the planning board reviewed an annexation and initial zoning request of R-3 which was approved by city council. This is a 7 lot PUD and preliminary plat and they are requesting through the PUD overlay to create two lots under the minimum lot size and to not be required to construct sidewalks on both sides of the internal subdivision city street. All of the 7 lots would be located on the west side of Denver Avenue and the remaining 1.3 acres on the east side of Denver Avenue will be dedicated parkland . The parkland, for the most part, is unusable for building sites because Ashley Creek runs through part of the property with floodplain on both sides of the creek and the slopes from Denver Avenue down to Ashley Creek are fairly steep. Lots 1, 2, & 3 would comply with the R-3 zoning district and would each be a minimum of 7,000 square feet, lot 4 is 13,000 square feet and lot 7 would be 29,000 square feet. Lots 5 & 6 are proposed at 5,600 and 6,600 square feet respectively. Staff did not have a problem with the reduction of lots 5 & 6 because those lots would be internal to the subdivision with the larger lots facing Denver Avenue which would fit with the character of the neighborhood. Conrad stated they are also requesting that sidewalks not be located on both sides of the internal city street. The internal street would be constructed within a 60 foot R/W and the sidewalk would end along the western boundary of lot 4 and lot 6. Access to lot 7 would be a striping across the Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 4 of 8 turnaround for emergency vehicles and another type of sidewalk to access the building. Conrad said staff does not see a problem with not providing sidewalks on both sides of the street because there will not be a lot of traffic in this part of the subdivision. Conrad noted that when this property was first reviewed for annexation and initial zoning a neighbor stated she had concerns with drainage and stormwater runoff. Conrad said as a condition of approval they have to submit an engineered stormwater drainage plan which would be approved by the Stormwater Engineer in the Public Works Department and implemented prior to final plat. Conrad said the applicant will be constructing a roadway to serve the internal lots and will be upgrading Denver Avenue on both the east and west sides of the subdivision to city standards including sidewalks, curb & gutter and a landscape boulevard. Staff is recommending that the Kalispell City Planning Board adopt staff report KPUD-06-08 and KPP-06-18 as findings of fact and recommend to the Kalispell City Council that the PUD & Preliminary Plat for the Resubdivision of Lot 1 of Minor Subdivision No. 117 be approved subject to the 25 conditions listed in the staff report. BOARD DISCUSSION Schutt asked if the only issues being considered under the PUD are the 2 undersized lots and the sidewalk issue. Conrad said yes. Hinchey asked for clarification of the colors on the map and Conrad responded. Conrad noted there is an existing residence on Lot 4 and he described the other buildings on the property that would either be retained or removed. Conrad noted that sidewalks will be installed on both sides of Denver Avenue however the east sidewalk will not tie into any sidewalks to the north or the south. APPLICANT/AGENCIES Olaf Ervin, Montana Mapping Associates, 1405 U.S. Highway 2 West stated he is representing the applicants. Ervin said they fully endorse the staff report and the conditions. Ervin said the sidewalk that doesn't tie into a sidewalk network on the east side of Denver Avenue is questionable but they would provide it if it is required. PUBLIC HEARING Kathleen Lusk, 107 Santa Fe Street noted that she spoke at the annexation hearing regarding her concerns with the drainage. Lusk said that her back fence abuts this property and she added that is where the drainage problems will come up. Lusk reiterated the need for good infrastructure, storm drainage and groundwater so that she doesn't have a basement full of water again. Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 5 of 8 (D Norton said he understands her concerns and stated the city has hired a Stormwater Engineer and this issue is included in the conditions. MOTION - PUD Schutt moved and Gabriel seconded a motion to adopt staff report KPUD-06-08 as findings of fact and recommend to the City Council that the planned unit development be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Hull noted shelters were allowed to go in all zones without public comment, with objection of this board, because secrecy was supposed to be an important element. Hull and Norton were concerned that it would not be possible to maintain secrecy due to the requirement of public notice for these hearings. Hull said the proposed use of this property is well known or easily accessible information. Hull stated the public deserves better than that because when you cut the public out of a decision the city should have certain responsibilities in return. ROLL CALL The motion passed unanimously on a roll call vote. MOTION - RESUB OF LOT 1 Hinchey moved and Gabriel seconded a motion to adopt staff OF MINOR SUBDIVISION report KPP-06-18 as findings of fact and recommend to the NO. 117 PRELIMINARY City Council that the planned unit development be approved PLAT subject to the 25 conditions listed in the staff report. BOARD DISCUSSION Norton complimented staff on the new format of the staff reports. He said by combining the reports it is much easier to follow. Balcom said that she appreciates the creative thought that went in to making the lots along Denver Avenue fit into the character of the neighborhood. They have done well with the layout. Schutt asked if there a process in place to check the operation of the drainage/stormwater systems that are put in place and to be able to make changes if they don't work after the have been installed. Conrad said there is a 2-year bond in place for the system that is installed and if the system fails after that period the neighborhood would have to notify the city and the city would be responsible for fixing the problem. Conrad added with the addition of a Stormwater Engineer to city staff the likelihood of this happening is less. Hinchey said that he was sympathetic to the applicant and the sidewalk to nowhere but it appears future development would include a connection of the sidewalk system. Therefore he feels that requiring sidewalk on both sides of Denver Avenue is appropriate. Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 6 of 8 Norton agreed with Hinchey's comments and added although the park is not very usable it is still open space and is needed. Conrad said that the Parks Department felt this parkland would increase with future development along this portion of Ashley Creek. Hull said he heard complaints when the County sold a park on the other side of the bridge and added this parkland would be somewhat of a replacement. ROLL CALL I The motion passed unanimously on a roll call vote. OLD BUSINESS: Norton asked if a date had been set for a work session with the West Valley Neighborhood Committee to discuss the proposed growth policy amendment in this area. Jentz noted that he planned to go over the schedule during the work session tonight. NEW BUSINESS Norton suggested the city's new Stormwater Engineer meet with the board for discussion on the stormwater/drainage issues. Jentz said staff would contact Public Works Director Jim Hansz to set up the meeting with Susie Turner. Hull added the policy that all stormwater has to be treated on -site should be revisited. Schutt noted that he would also Eke to discuss the process for ongoing review as mentioned earlier, with the engineer. Norton reminded Hull and Albert that their terms on the planning board, along with Norton's are expiring in April. Albert would have to reapply through the Commissioners and Norton & Hull through the City Clerk. (Recording Secretary's Note: The board members will receive a letter from the planning office to remind them of the expiring terms, and steps to take if they wish to reapply.) Norton asked about recent articles indicating the city was considering forcibly annexing properties wholly surrounded by the city. Jentz said city council met and the Fire Chief led the discussion because he is concerned about emergency rescue and response. There are 4 major pieces of property that are wholly surrounded by the city and council's direction was to look at everywhere else in the city other than those 4 major areas. There are 10-20 pieces that are strips of street, single lots or mapping mistakes and the city will try and clear those up by staff. The 4 major areas, which Jentz provided the locations to the board, don't have matching city infrastructure and will require a lot of discussion before a decision is made. Balcom mentioned that she noticed that there were people at the meeting who wanted to speak and perhaps thought the board was going to provide them with another opportunity. She suggested as a rule the board might provide a public Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 7 of 8 comment period for each part of a proposal. Jentz suggested the one comment period is appropriate for a project but perhaps it should be more clearly stated when it is the time for the public to speak on the entire project. ADJOURNMENT I The meeting was adjourned at approximately 8:00 p.m. Timothy Nor on President There was a work session held on the following: Starling - Section 35 Proposal. The next work session is pending. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, February 13, 2007 beginning at 7:00 p.m. Michelle Anderson Recording Secretary APPROVED as submitted/corrected: 0,91- /_3 /07 Kalispell City Planning Board Minutes of the meeting of January 9, 2007 Page 8 of 8