Loading...
02-10-04KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 10, 2004 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, Rick Hull, Jean Johnson, Sue Ellyn Anderson, John Hinchey and Timothy Norton. Jim Atkinson was absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 20 people in the audience. APPROVAL OF MINUTES Johnson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of January 13, 2004. The motion passed unanimously upon voice vote. HEAR THE PUBLIC No one wished to speak. TERRACE VIEW ESTATES A request by Duo Corp/Gardner Investments for an initial ZONING REQUEST zoning designation of R-3, Single Family Residential and P-1, Public, on 8.43 acres located on the north side of East California Street between Fifth Avenue EN and Sixth Avenue EN upon annexation to the City of Kalispell. This item was continued from the. January meeting. AMENDED STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KA-03-20 presentation of Amended Staff Report KA-03-20, a request for an initial zoning designation of R-3, Single Family Residential and P-1, Public, on 8.43 acres located on the north side of East California Street between Fifth Avenue EN and Sixth Avenue EN upon annexation to the City of Kalispell. Wilson explained that the property, which has come before the Board previously, is located on the north side of California Street and is 8.43 acres in size. She stated that the matter was continued from the January meeting, and that the applicants have since changed their plans for the property after meeting with neighbors. She said they have withdrawn their request for a PUD overlay and the major subdivision application, and have changed their project to a minor subdivision. She stated they are proposing to have two single family lots in the front and two in the rear, which is similar to plans submitted in the past. She noted that subdivisions containing five or fewer lots are considered minor subdivisions, and go straight to the City Council. Tonight the Board is only considering initial zoning upon annexation. Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 1 of 1 O Wilson stated that the applicant has not changed their plans with regard to zoning and that they still want R-3 and P-1 zoning. The P-1 zone, which is in the floodplain, will be dedicated to the City, and become part of Lawrence Park. Wilson said that 1.607 acres for the four single family lots are proposed as R-3 zoning, with 6.8 acres to the north proposed as P-1. She said that. the property is currently zoned R-1 in the County and is undeveloped. She said the lots will be served by City water and sewer, which would be extended to serve the lots, and the mains are in close proximity to the property now. Wilson stated that the Kalispell Growth Policy indicates this area as Urban Residential with a density of 3-12 units per acre and the proposed zoning complies with the growth policy. She said that any new development must comply with Kalispell's Building Codes and Uniform Fire Codes, that the zoning is consistent with the area, and is suited for single family uses. She said the project will promote the most appropriate use of the land, and staff is recommending adoption of Amended Staff Report KA-03-20, and recommend to the city council zoning of R-3 and P-1 upon annexation. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Anthony Corpron, representing the applicant, stated they have met twice with the neighborhood, because they did not want to have issues with the neighbors. He said they listened to their concerns and all the neighbors wanted single family homes, so they just changed the. usage of the front two lots; there are no issues outstanding. PUBLIC COMMENT Jeri Anderson, 476 5th Avenue EN, thanked the board for the opportunity to address them and stated that the neighborhood has remained firm, and wanted a project that blends in and is suitable for the space. She said they still have concerns with the stability of the bank and setbacks, but that the project will fit with the neighborhood. She said that ideally she would like to see it remain open space, but that she must trust the developers and owners to see that it is done right. Clara Ellen Anderson, 484 8th Avenue EN, co-owner of 476 5th Avenue EN, agreed with Jeri Anderson's comments, and stated they had fierce battles over the property, that the east north side of town has no green space, and that this property is a mini -sanctuary for wildlife, deer and the occasional moose. She said she appreciates the fact they were able to meet with developers and that they heard what the neighbors had to say, but she is still concerned with the stability of the slope. She wants the required setbacks adhered to and only Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 2 of 2 0 single family homes built, and believes the developers' word will be kept. She stated she wanted to go on the record as not opposing the project. Steve Cheman, 494 5th Avenue EN, stated that he approves of the project, and is thankful the developer met with them. He also thanked everyone for their time. No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Norton seconded to adopt Amended Staff Report KA-03-20 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for 8.43 acres of land be R-3, Single Family Residential and P-1, Public, upon annexation to the City of Kalispell. BOARD DISCUSSION Taylor asked Wilson if the plateau was the portion that was going to be developed. Wilson answered yes, that each lot would have. a single family residence and that the minor subdivision will be concurrent with an annexation and zoning request to the city council. Taylor asked if any more letters have been written by the neighborhood. Wilson said no, the developers worked with the neighbors and answered their concerns. Taylor stated that the Chair wishes to acknowledge the correspondence received at the last meeting regarding this property. Anderson recused herself as she lives in the neighborhood. Norton stated that he had concerns about the first project, but is pleased that now it is a minor subdivision. He said he wanted to thank the neighbors for their comments and that they helped the board to make a final decision. Hinchey thanked the Gardners for listening to the community and said he hopes the necessary steps are taken so that homeowners 10 years from now don't face any problems. Johnson stated this project is now workable and that it has come a long way. Kalispell City Planning Board Minutes .of the meeting of February 10, 2004 Page 3 of 3 U ROLL CALL The motion passed unanimously on a roll call vote, with Anderson being recused. ORCHARD VILLAGE A request by Orchard Village LLP for preliminary plat PRELIMINARY PLAT approval of a 14-lot residential subdivision on approximately APPROVAL REQUEST 3.18 acres located on the south side of Appleway Drive and one -quarter mile east of Highway 2 on property zoned B-2, General Business in the City of Kalispell. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KPP-04-1 presentation of Staff Report KPP-04-1, a request for preliminary plat approval of a 14-lot residential subdivision on approximately 3.18 acres located on the south side of Appleway Drive and one quarter mile east of Highway 2 on property zoned B-2, General Business in the City of Kalispell. Wilson stated the property was recently annexed to the city of Kalispell, and is just over three acres in size and lies on the south side of Appleway Drive. She said it was annexed with the intent to develop it for apartment use and the developer is creating 14 sublots; each sublot would contain a four unit apartment building, or 56 units in total. She said that each sublot would be individually owned, but that the parking, access, recreational areas and landscaped areas would be commonly owned and maintained, with each owner of the sublots paying into an association for maintenance of the common areas. She said the property was used as a residence in the past by the Getz's, as a "vintage automobile storage yard", but that it has been cleaned up nicely. Wilson stated the property was annexed in June 2003, and the developers have been focused on getting the project before the board. She said the surrounding land use is an area in transition, with a mix of uses, mostly residential. She said the United Way is to the west, with some single family homes to the north, annexed and zoned B-2, and to the south are the railroad tracks, with Rails to Trials to the immediate south of the property. Wilson explained that water and sewer will be extended to the site. There will be two accesses onto Appleway Drive and a fire access road will be created to the south which creates a loop, which will be improved with asphalt, concrete, or grass Crete. She stated the Kalispell Fire Department has no preference, as long as a fire truck will be supported, and they will work with the developers for fire hydrant locations. Wilson said the developers will need to provide fire access prior to combustible construction on the site. She also said there may be a flood plain issue on the site, because Ashley Creek lies to the west about 75 feet, and it is in a nondeliniated area of the 100 year flood plain. There is quite a bit of difference in elevation between the property and the Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 4 of 4 0 creek though and doesn't think the property will be effected by the floodplain. She stated that an engineer for the developer is working with the State will determine a base flood elevation for the property. Wilson said that all of the storm water will be required to be maintained, retained, or detained on -site, with an engineered management plan coordinated with Public Works, and that part of the park play area may be used. She said this property is subject to the parkland dedication requirements, which would be 11% or 0.346 acres of land, and the plans call for park land in the amount of 0.389 acres of land, which will be developed with amenities and located adjacent to Rails to Trails. Wilson explained that the subdivision complies with the Kalispell Growth Policy, which anticipates development as commercial including a mix of other uses, and is consistent with the anticipated impacts. She said the density is consistent with B-2 zoning, with an average of 9900 square feet per lot and complies with subdivision regulations. She said the staff recommends adoption of the staff report and approval subject to the listed conditions, which are fairly standard, except for the flood plain and the possibility of a special improvement district for Appleway Drive. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Michael Blend, 1069 North Meridian, stated he is one of four partners in Orchard Village LLP. He said there will be 14 four plex buildings. These apartments would not qualify for Section 8 housing. Each of the units will be owned and rented by one partner, and they anticipate a two to two and a half year build out. Blend stated the property was ideal, with close proximity to shopping and jobs, and they anticipate a high demand ,for the apartments. He said the units will be positioned around the park and play area, with Grass Pave used for the fire access. He said they will try to retain as many of the existing trees and bushes as possible and will plant shrubs, trees and grass between the buildings and use landscaping bark. He said the yard bins would be supplied by Evergreen Disposal and would be enclosed and accessible. He said they will establish an owner's association, which will be responsible for common area maintenance and that each lot owner has a 1 / 14th undivided interest in the common area. He stated they designed the building in a pinwheel fashion, which will maximize privacy and create an attractive design from all angles, and that all main floor units will be handicapped accessible and adaptable. He said he believes the development will fill a need in the community for people who rent, with clean quality apartments in a convenient Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 5 of 5 0 O location. John Schwartz, Schwartz Engineering, spoke on the floodplain issue. He said that FEMA has evaluated Ashley Creek to the south of this property, and found that the base flood elevation is approximately 14 feet above the channel elevation of the creek. He believes the site is well out of the floodplain. He explained for clarity on Condition 10, only lot 14 (southwest corner) is located lower than the others, and the rest of the lots are at 29.59 feet and above. He said that one option would be to isolate it as Lot 14 and mitigate it by using fill to place the building at 29.59 feet, so they would be above the parking lot. He said the storm drains would be retained on site in a pond and will be ultimately released into Ashley Creek after treatment. PUBLIC COMMENT Dave Duvall, 15 Appleway Drive, said that he has lived next door to the property for over 30 years, and that it was not in the floodplain; the property used to be have irrigation ditches which ran through his pasture. He said he wondered how the development would affect his property, and is concerned about traffic impacts, but otherwise has no problem with the proposal. David Graham, 128 West Bluegrass Drive, stated he is a participant and partner in the project and sees an increasing demand for multi -family apartment units. He said he wants strong covenants and community involvement in the subdivision, and they would do whatever it takes to make Lot 14 buildable. He said they want to make the property a nice area, with staggered building sites, and have it be a plus to the community. Nancy Kostman, 1331 2nd Street West, Montana Forest Products, on the south side of the project, stated we need this kind of living space in the area, but is concerned about the Meridian Road and Appleway Drive intersection, which is a nightmare. She said she is concerned that their site will become an attractive nuisance with more people cutting through the mill site from Rails to Trails, but that it looks like a very nice development. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Hinchey seconded to adopt staff report KPP-04-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that preliminary plat approval for a 14-lot apartment complex be given to Orchard Village subject to the 15 listed conditions. Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 6 of 6 C 1� BOARD DISCUSSION Taylor asked Wilson about the Highway 93 upgrade and where it would be in relation to the property. Wilson answered the bypass would be to the west of the property and there would be a controlled intersection at the bypass and Highway 2. Hull asked where the flood plain was and if it was the small creek, and if the park would be commonly owned and who would pay taxes on it. Wilson answered it was the creek which flows under Appleway in a 24-inch culvert, and that there will be a maintenance agreement with the owners of the sublots for the parkland and common areas. Taylor asked about condition 10 relating to the flood plain and what the issues involved were. Wilson answered the basic issue is "what is the base flood elevation in this area and is it above or below the base flood elevation?". She explained that FEMA can assist in determing the base flood elevation in nondeliniated areas. She said the property is not mapped as being in the floodplain, but it is about 100 feet from a nondeliniated flood plain. The condition is insurance for the developer and the City that the property is outside the flood plain and above the base flood elevation for the area. Norton asked Blend to go over the number of units in the project. Blend stated there will be 28 two bedroom two bath units; 20 two bedroom one bath units; eight fully accessible handicapped units on the bottom floor, with the remaining lower units being handicapped accessible and easily adaptable. He said the units will rent higher than Section 8 requirements and will be constructed to the same design throughout the development, even if they have different owners. Hull stated that if the property was in a flood plain they would not be able to get a mortgage, so it is not a Board problem. Taylor asked Wilson about the Meridian Road upgrade and Appleway Drive. Wilson stated that Appleway Drive is a collector, and handles a lot more traffic than just this project, and that everyone knows that Meridian Road is a serious problem. She said that there will be an attempt to, get advance funding from MDT by the City and County for the northern portion of Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 7 of 7 0 Meridian, but there are no plans right now to improve Meridian Road south of Highway 2 yet. Wilson stated that staff would not object to an amendment to condition 10 that would state "the issues related to the 100 year flood plain which lies to the west be adequately addressed prior to construction of Lot 14." AMENDMENT Hull moved and Anderson seconded to amend condition 10 to read that "the issues related to the 100 year flood plain which lies to the west be adequately addressed prior to construction of Lot 14." ROLL CALL (AMENDMENT) The motion to amend condition 10 passed unanimously on a roll call vote. ROLL CALL The main motion passed unanimously on a roll call vote. OLD BUSINESS Norton asked about the Kalispell Zoning Ordinance continuance. Wilson answered another meeting is needed to continue the discussion and suggested some dates. It was decided to hold a workshop on Thursday, March 18, 2004. NEW BUSINESS There was no new business. ADJOURNMENT The meeting was adjourned at approximately 8:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, March 9, 2004. A work session will be held on Thursday, March 18, 2004 at 7:00 pm. John Hinchey stated he will not be at the March meeting. Geor Taylor V President Judi Funk Recording Secretary APPROVED as submitted/corrected: / 9 /04 Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 8 of 8