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07-11-06KALISPELL CITY PLANNING BOARD & ZONING MINUTES OF REGULAR MEETING JULY 11, 2006 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, John Hinchey, Bryan Schutt, and Robyn Balcom. Kari Gabriel and Bob Albert were absent. Sean Conrad and Tom Jentz represented the Kalispell Planning Department. There were approximately 7 people in the audience. APPROVAL OF MINUTES Hinchey moved and Balcom seconded to approve the minutes of the June 13, 2006 regular planning board meeting. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak., CEDAR COMMONS A request from Beargrass Holdings, LLP, to create six lots PRELIMINARY ranging in size from 2,163 square feet to 2,521 square feet PLAT/BEARGRASS and one common area lot of 30,200 square feet. The HOLDINGS, LLP property is zoned B-2, General Commercial, and is located on the east side of 3rd Avenue East, approximately 350 feet south of the intersection, of 3rd Avenue East and 14th Street East. STAFF REPORT KPP-06-05 Sean Conrad, representing the Kalispell Planning Department presented Staff Report KPP-06-05 for the Board. Conrad noted that a revised preliminary plat and a letter from an adjoining property owner were received after the packets were mailed. Conrad stated this is a vacant piece of property located on 3rd Avenue East across from the Outlaw Inn. The property is zoned B-2, which is a commercial business district. The zoning does allow multi -family housing and sublots. The owner is requesting to reconfigure existing lots on this vacant piece of property to create a number of sublots in order to accommodate 6 - 4 plexes. The common area would accommodate all of the parking for the housing. Conrad continued the plat has been slightly revised to increase the sublot size to meet the building code requirements for fire wall breaks. The common area is now slightly smaller but no parking spaces are lost in the revision. Conrad noted that staff received a letter on the proposed subdivision from a neighbor's son located at 1428 - 4th Avenue East. Her concerns are the high water table in the Kalispell City Planning Board Minutes of the meeting of July 11, 2006 Page 1 of 8 -0 area and that this particular development may cause groundwater intrusion into her basement and may affect her well. In addition the letter states: "She would hope that qualified engineers capable of honestly assessing the impact, and who are aware of the historical condition of the property, the amount and type of fill, and any other pertinent information make an assessment which will predict to the best of their ability any impact on current property owners, or to the proposed development itself." Conrad said that the property is zoned General Commercial and does allow for this type of component, which is actually a permitted use. The property is not located in the 100-year floodplain and it is not a designated wetland. The property owner is aware of past high groundwater and a geotechnical report was completed on the property. There is a large amount of fill material that has been dumped onto the property which he intends to remove and put a pit run base in place and then construct the buildings accordingly. Conrad said he notified the Building Department so that they are aware of the neighbors' concerns with groundwater. The Public Works Department is also aware of the high groundwater in the area and they have required a stormwater drainage management plan to address the amount of water that filters into the site. Staff is recommending that the Kalispell City Planning Board adopt staff report KPP-06-05 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Cedar Commons be approved subject to the 12 conditions listed in the staff report. QUESTIONS BY THE Hinchey asked why the board is reviewing this project if it is BOARD a permitted use. Conrad explained that because of the reconfiguration the project had to go through subdivision review so that access, as well as stormwater and other issues could be addressed. Hinchey asked if the density is being increased and Conrad said no. APPLICANT/AGENCIES Jim Burton, Surveyor stated that they are trying to reconfigure the lots to be able to fit the 4-plexes onto the property. As they are configured now the lots are only 40 feet wide and they are not big enough to do what the developer would like to do. Burton noted that he talked to the developer who has no problems with the conditions. Hull asked if there is a plan for a road to come through Lots 3 & 4 that would tie this development into a neighboring development. Burton said that is part of the parking area and is addressed in the conditions. Jeff Goodreau, Schwarz Engineering reviewed the stormwater management plan that would discharge the stormwater off to Ashley Creek and not back to the site via trench drains or Kalispell City Planning Board Minutes of the meeting of July 11, 2006 Page 2 of 8 any other type of dry well system. Any of the water that comes to the site, will be stored in a big detention tank system which will regulate its discharge back to the City stormwater system. They worked with Public Works to come up with the plan. Norton asked if the detention area would be incorporated into the landscaping. Goodreau said yes, there are multiple catch basins through the parking lot and through a swale that is on the northeast and northwest corner where it pools from other properties and then drains to the south. Gerald Bile, Structural Engineer on this project noted that one of the concerns that they dealt with through the soils report was placing the foundation of the structures high up so it did not impact the' water table. In their soil testing on this property they found that saturation was very high which is partly why they are replacing the fill to lift the structure up. They are not putting in a full 3 foot foundation but a slab on grade with insulation. The soils or the water tables will have the least amount of impact that they can for this project. Hinchey asked if the fill will in any way exacerbate the ground water problems or potential problems for the neighbors. Hinchey clarified that by bringing in fill will it shift the water table in any way. Bile said they are going to be removing the existing fill because it was improperly placed. Bile added from a structural and geotechnical standpoint it will be cleaner fill than what was there and will be compacted and placed in a controlled manner in order to provide a solid base to work on. It should not have negative impact on surrounding areas and should actually stabilize it. Norton noted that it is nice to see the area finally using this type of construction because there are a lot of areas with high groundwater problems. PUBLIC HEARING Kevin Hinkle, 14th Street and 4+h Avenue East said that he was concerned mainly that the gravel driveway would become a continuation of 4+h Avenue East traveling south. In the Ryker Addition there are a bunch of different property boundaries and the gravel driveway is all private property. Hinkle noted that children use the area for play and bike riding. Norton noted that there would be a building constructed at the end of this driveway and it would not be used as an access to this development. MOTION Schutt moved and Hinchey seconded a motion to adopt staff report KPP-06-05 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Cedar Commons be approved subject to the 12 conditions listed in Kalispell City Planning Board Minutes of the meeting of 'July 11, 2006 Page 3 of 8 the staff report. BOARD DISCUSSION Hull said he heard they used to hunt ducks where the Outlaw Inn is located. When Highway 93 was built a regular storm system was put in and that is what they are planning to use so he doesn't think that high groundwater is an issue. Hull did say that high ground water should be discussed when the Board reviews the Subdivision Regulations. Norton noted that the City now has a Stormwater Engineer, Susie Turner with the Public Works Department and the City has more expertise than they had in the past. Schutt said that there have been some subdivisions proposed on this side of Highway 93 and over on the west side that are experiencing stormwater runoff problems. In the past he has hoped the engineers would figure it out. Schutt said they are getting down to one of the lower sections of the City stormwater system and he hopes that with 3 surveyors/engineers who are on this project it works the way they have described it to the Board. Norton echoed the comments and concerns of both Hull and Schutt. Norton noted that the public comments have been taken into consideration and have been addressed. He added the engineers and professionals in our City are taking notice that there is a problem and it is being rectified. ROLL CALL The motion passed unanimously on a roll call vote. PRELIMINARY PLAT - A request from the Hilzac Corporation to re -subdivide five AMENDED SUBDIVISION existing lots within Stratford Village Phase 3 in order to OF LOTS 74, 75, 76, 77, & create 10 sublots. The proposed sublots would range in size 78 OF STRATFORD from 3,813 square feet to 3,834 square feet. The five existing VILLAGE PHASE 3 lots are zoned R-4, Two Family Residential, and are located along Stratford Drive with the following addresses; 39, 43, 47, 51 and 55 Stratford Drive. STAFF REPORT - KPP-06- Sean Conrad, representing the Kalispell Planning 06 Department presented Staff Report KPP-06-06 for the Board. Conrad said this is a subdivision to create 10 sublots within an approved subdivision, Stratford Village Phase 3 was approved in 2004 and the R-4 zoning allows duplexes on the City lots and there are several duplexes that are already built and some are starting construction. The owner is now interested in dividing the interest in those duplexes and creating townhouse lots so that the individual townhouse and lot can be sold, conveyed and leased to separate parties. Conrad noted that the lots are within an approved subdivision with City streets serving the lots, water and Kalispell City Planning Board Minutes of the meeting of July 11, 2006 Page 4 of 8 sewer has been installed and the parkland dedication was taken care of as part of the original Stratford Village Subdivision. The Kalispell Parks & Recreation Department is requesting that they pay cash in lieu of parkland and the proposed sublots incorporate into the homeowners association for the maintenance of the common area and the street lights. Staff is recommending that the Kalispell City Planning Board adopt staff report KPP-06-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of the Amended Subdivision of Lots 74, 75, 76, 77 8s 78 of Stratford Village Phase 3 be approved subject to the 6 conditions listed in the staff report. BOARD DISCUSSION Norton noted that the ornate streetlights are not. in compliance with the city's lighting ordinance and will they have to be. Conrad said that the streetlight standard applies to commercial and private properties. These street lights fall within the public right of way and although the City of Kalispell has contracted with Flathead Electric Coop to replace the street lights these lights do not fall under that provision and therefore will not need to be changed. APPLICANTS/AGENCIES Jim Burton, Surveyor stated the property was approved for duplexes as described and he doesn't understand Condition #2 for parkland because as staff stated the parkland was required at the time that these lots were developed as duplexes and they are changing that to townhouses which would not increase the density. Burton felt that this was double dipping on the parkland dedication. The plat also states that parkland had been met under Phase 3 of Stratford Village. Burton added that there are no problems with any of the other conditions. PUBLIC HEARING No one wished to speak. MOTION Balcom moved and Schutt seconded adopt staff report KPP- 06-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of the Amended Subdivision of Lots 74, 75, 76, 77 & 78 of Stratford Village Phase 3 be approved subject to the 6 conditions listed in the staff report. BOARD DISCUSSION There was lengthy discussion regarding the parkland issue and the developer requested that he at least receive credit for the parkland that has already been paid on these lots. Jentz noted that the parkland is based on number of lots and this subdivision would create 5 additional lots. In addition the value used for calculation of the cash in lieu would be based on current market value of the land at the time the final plat if filed. Kalispell City Planning Board Minutes of the meeting of July 11, 2006 Page 5 of 8 C') MOTION - AMEND Hinchey moved and Balcom seconded a motion to amend CONDITION #2 Condition #2 to read: "The parkland dedication requirements shall be met with the payment of cash in lieu of parkland of 0.15 of an acre with credit to the applicant for payments already made on the original 5 lots." ROLL CALL - AMEND The motion to amend Condition #2 passed unanimously on a CONDITION #2 roll call vote. ROLL CALL - ORIGINAL The motion to approve the subdivision as amended passed MOTION unanimously on a roll call vote. OLD BUSINESS: Jentz reviewed the text amendment, that was reviewed at the June 13, 2006 Kalispell Planning Board hearing, that dealt with the downtown area park requirements and expansion of the Special Parking Maintenance District #2. The amendment would offer an option to the downtown parking situation where expanding businesses could provide the additional parking space as required in the Zoning Ordinance, or use a cash -in -lieu provision to assist the district in funding solutions to the parking problems. In addition the amendment would be expanded to include the Kalispell Center Mall property. However, the staff recommendation included an error that would reduce the mall parking requirement from 1 space for every 200 square feet of retail space to 1 space for every 400 square feet or retail space. Jentz noted that the intent was to include the mall into the district, give then the cash -in -lieu option and also to broaden the downtown base which would assist the district in working toward solutions to the parking problems, and not reduce the parking requirements for the mall property. MOTION TO RECONSIDER Balcom moved and Hinchey seconded a motion to reconsider THE ACTION TAKEN AT the action taken at the June 13, 2006 Kalispell Planning THE JUNE 13, 2006 Board Hearing concerning the proposed amendments to the MEETING REGARDING THE parking requirements and expansion of the Special Parking PROPOSED AMENDMENTS Maintenance District #2. TO THE PARKING REQUIREMENTS AND EXPANSION OF THE SPECIAL PARKING MAINTENANCE DISTRICT #2. BOARD DISCUSSION None. ROLL CALL The motion to reconsider the action passed unanimously on Kalispell City Planning Board Minutes of the meeting of July 11, 2006 Page 6 of 8 O a roll call vote. AMENDED MOTION - Balcom moved and seconded a motion to amend the original PROPOSED AMENDMENTS motion on amendments to the parking requirements and the TO THE PARKING expansion of the Special Parking Maintenance District #2 to REQUIREMENTS AND read: "Property located within the special parking EXPANSION OF THE maintenance district #2 shall provide 1 parking space for SPECIAL PARKING every 400 square feet of gross floor area for those properties MAINTENANCE DISTRICT within the district south of Center Street and 1 parking space for every 200 square feet of gross floor area for #2. (KZTA-06-03) those properties within the district north of Center Street. BOARD DISCUSSION Balcom felt that the standards should be higher for the mall. Hinchey said that he also is in favor of the motion because the original requirement for the mall was 1 space per 200 square feet of floor area since mall stores tend to be smaller and would require more parking spaces. Jentz said that the requirement of 1 space per 400 square feet downtown was put in place as an incentive to encourage development in the downtown area. With the mall they have always lived"with the 1 - 200 parking standard and the City is giving them another tool with the cash -in -lieu of parking option. Hull noted at the last meeting Norton was concerned because the City has paid a large amount of money to tear down the Cenex grain elevators for parking which was never used. Hull felt that there have been a lot of compromises for the mall and he doesn't know if any more should be made. He feels that they should amend the action taken at the last meeting. Schutt said the mall has a long history for fits and starts when it comes to expansion. Schutt said that he doesn't want to throw additional hurdles in front of the mall and he is inclined to leave it at the 1 - 400 ratio. Hull added that he would like to talk to John Hinchey regarding the Parking Commission's view of parking issues facing the downtown area. Hull also noted he would like discussion on the change in the demographics of downtown businesses from retail to 8-5 offices. Norton agreed there is a changing demographic in downtown that needs to be addressed. ROLL CALL The motion passed on a vote of 4 - 1 on a roll call vote. NEW BUSINESS: Hull expressed his concern that the planning board has been having important discussions and making decisions without a link to the City Council. Schutt suggested that a letter be Kalispell City Planning Board Minutes of the meeting of July 11, 2006 Page 7 of 8 0 sent to the City Council expressing the Board's concern and volunteered to draft the letter for the President's signature. The Board agreed. Hull said he realizes that the Council member had recently been injured and felt that serving on the City Council is a difficult job for someone who works 8-5, but added it makes it difficult for the Planning Board. MOTION Hull moved and Hinchey seconded a motion to send a letter to the City Council expressing the Board's concern that the attendance of the City Council representative has been lacking and requesting that the Council address the issue. ROLL CALL The motion passed unanimously on a roll call vote. NEW BUSINESS Norton noted the importance of the information provided in CONTINUED: the Storm Water News publication to the Board and their discussions. Norton asked how the Board could address these issues and perhaps provide some direction. Balcom agreed it should be a serious concern of the Board when considering developments. Norton suggested that all of the Board members read the publication. ADJOURNMENT The meeting was adjourned at approximately 8:25 p.m. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, August 8, 2006. Work sessions were held after the regular meeting on the following items: 1. Casinos Text Amendment. 2. Kalispell Subdivision Regulations Update. Michelle Anderson Recording Secretary APPROVED as submitted/corrected: O / b /06 Kalispell City Planning Board Minutes of the meeting of July 11, 2006 Page 8 of 8