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01-11-05KALISPELL CITY PLANNING BOARD & ZONING COMMISSION ( MINUTES OF REGULAR MEETING JANUARY 11, 2005 0 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: George Taylor, Jean Johnson, Timothy Norton, John Hinchey, Rick Hull, Kari Gabriel and Bryan Schutt. Narda Wilson represented the Tri-City Planning Office. There were approximately 16 people in the audience. APPROVAL OF MINUTES Norton moved and Gabriel seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of December 14, 2004. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. FLATHEAD HOSPITAL A request by Flathead Hospital Development Company, LLC DEVELOPMENT COMPANY, for a conditional use permit to allow a day care center in an LLC CONDITIONAL USE existing building in an H-1, Health Care zone, in the City of PERMIT REQUEST .Kalispell. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KCU-04-12 presentation of Staff Report KCU-04-12, a request by Flathead Hospital Development Company, LLC for a conditional use permit to allow a day care center in an existing building in an H-1, Health Care zone, in the City of Kalispell. Wilson showed a site plan and stated that KRMC provides day care for its employees; their current site is located on Conway Drive and they want to move to an existing building on the west side of Claremont Street between Conway and Crestline in order to expand. She stated this is a two story office building with approximately 8000 square feet of space on each floor; the lower level contains the VA clinic, and the upper level is proposed for the day care center. She said there is existing access from Claremont Street into the parking lot; there is a loop design and drop off area at the main entrance to the day care. Wilson said the access to the VA hospital on the lower level is at the west end of the parking lot. Wilson stated that up to 94 children will be enrolled at the day care and that parking is an issue. She said there are 44 parking spaces on this property, and the VA clinic needs 40 of those spaces, based on a ratio of one parking space per 200 square feet; the day care will need approximately 34 Kalispell City Planning Board Minutes of the meeting of January 11. 2005 Page 1 of 11 parking spaces. Historically, the parking lot to the east has been used for this building as well. Wilson said the applicants are proposing 30 parking spaces in the lot across the street be designated for day care employee parking and patrons. There will be 18 employees of the day care. Wilson said the access for the site is off of Claremont Street; there is a loop road to the drop off area and that one of the conditions is that an easement for parking on the east lot be recorded and that a crosswalk be placed between the building and parking lot. Wilson also stated that a play area is proposed along the southeast corner of the lot (in the front yard setback), and the applicants have requested the fence be six feet in height. She said the six foot height does not comply with zoning regulations, which says that 42 inches is the maximum unless the use can be considered public or quasi public and there is a safety concern. Wilson finished by stating that the landscaping on site is mature, and staff is not recommending that any additional landscaping be done, except the boulevard needs to be landscaped. She said there will be a small sign on the building, which will require a sign permit, and that the impacts of this project are minimal and will fill a primary need for day care for the hospital staff. She recommended the Board adopt the staff report and forward it to Council to grant the CUP subject to the listed conditions. QUESTIONS BY THE I Taylor asked if the duration of the easement would be tied to BOARD the day care. Wilson said it would and that some provision would need to be made if it reverts to an office use. She said the property owner may have purchased the parking lot in order to expand the building initially and that parking will need to be provided regardless of building use. Norton clarified that the day care center was for hospital employees only and not for the general public. Wilson said it was for hospital employees first, and physicians' families next, and it is not for general public use. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Don Williams, KRMC, gave some history on the building and stated that the VA clinic was not originally in the building, and it came in when the Dialysis Clinic left. He said the Dialysis Clinic only had a few patients, and did not need all of the parking. Kalispell City Planning Board Minutes of the meeting of January 11, 2005 Pane 2 of I 1 n T. Marcello Pierrottet, Facilities Manager, KRMC, stated that he drafted a 20 year easement for parking for the day care center. He said it was a dedicated easement and the lease will be extended if the day care stays, or reverts back to the land owners if it leaves. He said they are willing to comply with all of the recommendations, but they are requesting a six foot fence for the children and it is a safety issue for them. He said they are willing to landscape the fence on the outside so it fits in with the area and they will be putting in a crosswalk and boulevard landscaping. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Norton moved and Hinchey seconded to adopt staff report KCU-04-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to Flathead Hospital Development Company, LLC for a day care center in an H-1, Health Care zone, subject to the 8 listed conditions. BOARD DISCUSSION Norton read the portion of the staff report that stated the fence should be 42 inches and stated that it should be amended to six feet for safety reasons. MOTION (AMEND Norton moved and Johnson seconded that the fence height CONDITION 2) be amended to six feet for safety reasons. DISCUSSION Hull asked if the fence height was a traffic sight issue. Wilson said no, it is primarily an aesthetic issue. ROLL CALL (AMEND Amended Condition 2 passed unanimously on a roll call vote. CONDITION 2) ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote. TOUCHSTONE LLC INITIAL A request by Touchstone, LLC for an initial zoning ZONING UPON designation of R-2, Urban Single Family Residential with a A TT All NTT•aV -A+ iTl11YT REQUEST PUD overlay on approximately 50 acres upon annexation to the City of Kalispell. MOUNTAIN VISTA ESTATES A request for preliminary plat approval of Mountain Vista PRELIMINARY PLAT Estates, a 171 lot residential subdivision on approximately APPROVAL REQUEST 50 acres with a zoning designation of R-2/PUD upon annexation to the City of Kalispell. STAFF REPORTS KA-04- Narda Wilson, with the Tri-City Planning Office, gave a 18/KPUD-04-7 AND KPP- presentation of Staff Reports KA-04-18 and KPUD-04-7, a 04-13 request for an initial zoning designation of R-2, Single Family Residential with a Planned Unit Development overlay on 50 acres located on the northeast corner of Three Mile Drive and Farm to Market Road, upon annexation to the City of Kalispell, and KPP-04-13, a request for preliminary plat Kalispell City Planning Board Minutes of the meeting of January 11, 2005 Page 3 of 11 C� approval of a 171-lot residential subdivision on the property. Wilson showed a site map and stated the property was on the northeast corner of Three Mile Drive and Farm to Market Road, and added that there has been lots of activity in the Three Mile Drive area recently. She showed the vicinity map, and stated the current city limits are 1 /4 mile away or less and there are significant development pressures in the area. Wilson stated this property is approximately 50 acres, and the petitioners are asking for annexation with an initial zoning designation of R-2 with a PUD overlay, to allow for some shifting of density in the BPA easement, the creation of some two unit townhouses, and the creation of a commercial lot.. She said the commercial lot is intended for a City fire department substation. Wilson said this property is currently zoned agricultural, and it is in the West Valley Overlay, which allows one dwelling per five acres in a cluster scenario; the property on the west side is zoned AG-20 and the east side is SAG-10. She said this agricultural designation would not be appropriate for future development, and that this has acted as an urban reserve; it has not been chopped up into one and two acre lots and there can be reasonable density and layouts because of the size of the parcel and the fact that utilities can be brought to the site. Wilson explained that the project consists of 110 single family residences and 62 townhouse lots, with the sublots conveyed separately; there will be a 1.46 acre homeowners' park, located centrally, and a five acre common area will be located within the 250 foot wide BPA transmission easement. She said the existing house will remain on a larger lot and the developers are planning a three phase proposal, moving from east to west to Farm to Market Road. The phasing will depend on market conditions and interest rates. She said the area is rural residential to the east and the north, with some non -conforming lots and agricultural land to the west and south; these areas will be feeling the same development pressures as these property owners have felt. Wilson stated that the Site Review Committee had a couple of issues; one was the BPA easement and the other was access. She said there are two roads coming into the subdivision, one off of Three Mile Drive and one off of Farm to Market; these are both state secondary highways and MDOT has authority over any access onto them. She said the developers have been in contact with MDOT to try to locate the accesses as far away from the curve as possible, and as far north as they can get. She said there will be some improvements made to the accesses and they will be permitted by MDOT. Wilson said the impacts to Three Mile Drive would be moderate in relation to the overall traffic, and that short of a Kalispell City Planning Board Minutes of the meeting of January 11. 2005 Page 4 of 11 gas tax, we can't upgrade the roads right now; staff is recommending a waiver to protest the creation of an SID be placed on the plat as an additional condition. Wilson said this property will be in the service area of the Kalispell Fire Department, that access is generally good, and that all roads will be constructed to city standards. She said that the developers have been working with the KFD to develop a site for a fire substation; the station will require a 200 x 200 foot parcel, or about one acre, but there is a 1/2 acre area indicated on the site plan. She said that subdivision regulations require 11% of the lots as parkland, and the area in lots is 29.54 acres, which calls for 3.52 acres for parkland. Wilson said the area under the BPA easement, which is approximately 5 acres, has marginal recreation potential and it is an unbuildable area. The Site Review Committee recommended that a pedestrian trail be developed between the internal roads under the BPA easement, and the park area be developed with amenities. The remaining would be cash in lieu of $32,220, at $18,000 an acre, to be used for park improvements. She said the developer is proposing that a 20 foot wide bike and pedestrian path be located on Three Mile Drive and Farm to Market Road, and that portion would not be included in the parkland dedication because it is a health and safety issue. Wilson explained the zoning and said the developer is proposing R-2 zoning with a PUD overlay, which has a 9600 square foot minimum lot size, and a 70 foot lot width, and is typically developed with single family residences. She said the PUD is proposed because a number of the lots are below the minimum size and width, and for the creation of townhouses. She said the townhouses are an effort to meet a niche within the market without unduly increasing the overall density and that there would be approximately 3.4 dwellings. per acre. The developers are allowed up to five dwellings per acre under the R-2 zone with the PUD, including the area within the BPA easement, which is not excluded from density calculations in the zoning regulations. She said the developers are requesting a reduction in the side yard setbacks from 10 feet to five feet, and that Site Review suggested the R-3 zoning designation rather than the R-2, which would more closely reflect their proposal (60 foot minimum lot width, 7000 square foot minimum lot size, and 5 foot side yard setback), that the proposed R-2 zoning. Wilson stated that staff is recommending adoption of the staff reports, and that the initial zoning designation be R-3 / PUD upon annexation subject to the listed conditions, and that the preliminary plat be approved subject to those same conditions. Kalispell City Planning Board M inutes of the meeting of January 11. 2005 Page 5 of 11 C� �J iD QUESTIONS BY THE Taylor asked about the SID waiver condition. BOARD Wilson said she would add it as Condition 24. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Dawn Marquardt, 285 1st Avenue EN, Marquardt and Marquardt Surveying, representing Touchstone LLC, said that she does not have a lot to add to the staff report, and that this project has gone through numerous revisions, because they wanted all questions resolved before it came before the Board. She said they have taken care of most of the problems, and that access was a real question; they worked with MDOT, and changed it to make it a grid design. She said they proposed to give some property to the City as a fire substation, but that the City needs an acre; they made minor revisions to the plan, so they were able to give KFD a one acre piece that met their requirements. She said they have no problem with the R-3 designation, and they chose the R-2 because it fit with the density. She said that the landscape buffer is 1.19 acres total. Hinchey asked if the Board could see what the commercial lot for the fire department looks like now. Marquardt showed a newer map and stated they just shifted things over. PUBLIC COMMENT Robert B. Birk, Lot 8, Quarter Horse Estates, had questions regarding the environmental impact on the Spring Creek wetlands, the speed limit on Farm to Market Road, any health hazards associated with the high voltage lines, and if we are going to keep creating islands of zoning. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Johnson seconded to adopt Staff Reports I�-,k-04-18 and KPUD-04-7 as findings of act and, based on these findings, recommend to the Kalispell City Council that the initial zoning for 50 acres of land be R-3, Single Family Residential, with a PUD overlay upon annexation to the City of Kalispell subject to the listed 24 conditions (including the SID waiver) . BOARD DISCUSSION Norton stated he did not see anything about the drainage issue in the Staff Report. Wilson said it is not in the 100 year floodplain area, and that Spring Creek lies to the northeast, and that the same drainage goes through the Aspen Creek and Bowser Creek subdivisions. She said that any drainage will need to be handled on site and that the BPA easement offers rood Kalispell City Planning Board Minutes of the meeting of January 11. 2005 Page 6 of 11 C1 opportunity for storm water handling; there will be no storm water discharge and there will be no impact to Spring Creek by storm water or ground water, because the subdivision will be on public sewer. Taylor asked Wilson to comment on the question of any health hazards with the BPA lines. Wilson said there is no empirical data that provides evidence that the transmission lines pose a health hazard. She said that based on research, there is no scientific evidence. Norton said he seconds that, and there is no data that they are health hazards. He is only aware of building height restrictions with regard to the lines. Wilson also said that the speed limit on Farm to Market is controlled by MDOT, it is a state secondary road, and she does not foresee the speed limit being reduced. She said the subdivision should not impact the speed limit and that the City limits are getting closer all the time. She said the 50 acres to the southeast is getting ready to be developed, and the property adjoining that to the west; the development pattern will continue in that area, though not on Two Mile Drive. She. said we are not looking at flag lots and cul-de- sacs, and there are large areas to be developed, so this is barely on the outskirts of Kalispell and we are right at the boundary line of the potential utility service area. She said that the annexation of Three Mile Drive and Farm to Market Road is not an issue for the Planning Board to decide but for the Council; the City will have its utilities in Three Mile, and it should probably be annexed, but there is_ no recommendation at this point. Taylor said it sounds like pressure is building to get back on the Growth Policy. Wilson said there is and we need to look at the boundaries. Hull stated that he disagreed with the staff recommendation and that he feels this is a leapfrog development, and it is pushing development to the very edge, and it will push it into West Valley. He said he would rather see. a county subdivision here to try to end the stampede on this road, that it is not healthy and is not where the City should grow. Schutt stated that he has questions about the layout of the plat, and he feels the growth will happen there anyway. He said this looks like a series of townhouses and skinny lots, and wonders if all we will be seeing from the road will be the backs of fences. He asked if it would be possible to increase the 20 foot landscape buffer by another 20 feet. Kalispell City Planning Board Minutes of the meeting of January 1 1. 2005 Page 7 of 11 0 Wilson said there. was 120 feet of right of way, and if the developer wanted to. coordinate the location of the bike path with MDOT within the buffer, that might work. Schutt asked if we would be just looking at garages on the fronts, and asked if there were alleys in place to service the houses. Wilson said any alleys would have to be paved, and would need to be maintained by the Homeowners' Association; the City does not want to maintain them. She said it adds costs to building the subdivision and maintenance costs to the homeowners, and developers don't favor alleys. Hinchey stated that they should have stuck with the R-2 zoning and redesigned the project so that it complies. He said that the parkland that has been designated -is pathetic for 170 units, and it should include the 13 home lots surrounding it and have recreational amenities to be meaningful. He asked if there shouldn't be a provision for a northern extension of the road to adjoin future development. Wilson said there is a condition that creates a pedestrian path within the BPA on the north end, and that improvement is acceptable as long as it is an at -grade improvement. Taylor said he wanted to second the parkland comments that Hinchey made. He said he is getting concerned that new areas are not creating enough parkland, and it is a token consideration for homeowner's parks. He said the developers can pay cash instead of having parkland and it is happening over and over again. He would like to give developers a better incentive to make developments more livable and it seems to him this is another warehousing project to house the greatest number of people. He feels it is more California than Montana. Norton stated that the growth does fall within the Growth Policy, and that most growth will stop with some form of topography. He said he doesn't foresee much more growth -vest or north of this subdivision, because it is more difficult to combine smaller parcels, and the density and amount of lots is growth and market driven, and that similar densities are way ahead of the phases and selling out; lots are sold out before final plats are approved. He said the market is driving growth, and their job is to prevent health and safety hazards and plain ugliness. He stated he likes the overall layout of this project and he feels there is an adequate amount of parkland, and there will be usable area in the BPA easement and .it will not be an overgrown weed path. He said that a lot of thought has gone into this and it is a well thought-out plan, and he likes the layout of the plan. Kalispell City Planning Board Minutes of the meeting of January 11. 2005 Page 8 of I I Hull stated that the Board is deciding the future of the City for the next 100. years and this is too far out of the City limits. He said he doesn't want to see a stampede out toward West Valley School in this area. Gabriel echoed Norton's statements and asked if the area going to the fire department could be used for parkland until the substation is built. Wilson said it would be a vacant lot, not "parkland", because there would be no amenities. Gabriel asked how many acres short of parkland they were. Wilson said they are 1.79 acres short, and there must be improvements to . a park, consisting of irrigation, land- scaping, recreational amenities, etc. which would count towards the cash. in lieu portion of the parkland. She said the Board would not want to see 1/2 to 1 acre lots with on - site septic systems, and the City will continue to grow over the next 10 years. She said that Two Mile Drive will not likely be on public sewer because of the size of the parcels, and it is better to get this kind of density close to the City; there are already development pressures further to the west and north. She said that on -site septic is not the way the City wants to grow. Johnson said that public utilities are now out on Three Mile Drive; we have the backbone, and we should use the backbone. He said the alternative is septic systems next to Spring Creek. Taylor said he was reminded of the lyrics to a Waylon Jennings song about nature: "It's not that I blame them for claiming her bounty, I just wish they'd taken it slow." He stated his concern is cookie cutter subdivisions and crowded conditions. He does not want to stop growth, he just wants to see more imagination and less of what looks like an overhead view of Los Angeles or Phoenix. Wilson said most of the lots in this project arelarger than lots in the City of Kalispell, and if a majority of the Board is concerned about the density, they could create lots that comply with R-2 zoning rather than R-3 and thereby reduce the density. She stated she likes the design of the subdivision, and the purpose of bringing utilities to an area is to get density to allow the developer to meet market demands. She said there will not be a whole lot better redesign if the Board denies this. She suggested increasing the size of the lots, zoning it R-2 and requiring a 10 foot setback. Kalispell City Planning Board Minutes of the meeting of January 11.2005 Page 9 of 11 In response to a. question, Wilson stated it would not be a significant redesign, but the lots would get a bit wider and larger. She said most of the lots on the east side are consistent with the R-2 zone, and the lots on the west side are a little smaller. She said the developer will probably lose a lot or two on each of the western tiers, but it would be fairly easy to fix and still maintain the overall design. She asked the Board what is a better alternative? She said the R- 2 would decrease the density and create some bigger lots, but that would be all. MOTION -- AMENDMENT Taylor moved and Hinchey seconded the initial zoning for this subdivision be R-2 and increase the size, setbacks, etc. of the lots to make it consistent with the R-2 zone. DISCUSSION Norton stated that losing a few lots would not make it more appealing to the Board, and there are no lots of this size on the market today. Taylor stated that R-2 zoning was first brought up by the developer, and it is a matter of trying to do something about the density issue. Norton said the developer went with R-2 because of the surrounding properties, and that staff went with R-3 because it was more in line with that zone. Johnson asked Marquardt about the density differences. Marquardt said the R-2 allows five dwelling units per acre, and the R-3 would allow seven dwelling units per acre. She said that their development is 3.2 dwelling units per acre and they were closer to R-2 for the density. She said she does not know how many lots they would lose, but they would end up. being more expensive lots. ROLL CALL - AMENDMENT The amended motion passed 4 in favor and 3 opposed on a roll ca-11 vote with Trull, Taylor, Hinchey and Schutt voting in favor and Johnson Gabriel and North voting against. ROLL CALL The main motion passed with b in favor and 1 opposed on a roll call vote with Hull voting in opposition. MOTION Hinchey moved and Gabriel seconded to adopt Staff Report KPP-04-13 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for Mountain Vista Estates be approved subject to the 24 listed conditions. BOARD DISCUSSION Schutt stated he has no problems with the initial zoning, but he feels that the plat could be done better. Kalispell City Planning Board Minutes of the meeting of January 1112005 Page 10 of 11 Johnson stated he thinks this is a good development. ROLL CALL The motion passed 5 in favor and 2 opposed on a roll call vote with Hull and Schutt voting in opposition. OLD BUSINESS There was no old business. NEW BUSINESS Hull suggested forming small subcommittees to look at some of the issues on the work program in order to speed things up. Wilson suggested that an architectural design standards meeting be held with the City Council after the public hearing. There was discussion about the sign ordinance. ADJOURNMENT The meeting was adjourned at approximately 8:45 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, February 8, 2005. There will be a workshop on January 19, 2005. n George r e APPROVED as submitted/coz 0 Judi Funk Recording Secretary