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05-11-04KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MAY 11, 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: Rick Hull, George Taylor, John Hinchey, Sue Ellyn Anderson, Jean Johnson and Timothy Norton. Jim Atkinson was absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 14 people in the audience. APPROVAL OF MINUTES Johnson moved and Hinchey seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of April 13, 2004. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. IMMANUEL LUTHERAN A request by Immanuel Lutheran Corporation to convert a DAYCARE CONDITIONAL single family residence into a day care center at 103 USE PERMIT REQUEST Crestline Avenue in the H-1, Hospital, zone. WITHDRAWN AT THE REQUEST OF THE APPLICANT. VIOLENCE FREE CRISIS A request by the Violence Free Crisis Line to allow a LINE CONDITIONAL USE community residential facility for women at 1505 South PERMIT REQUEST Woodland Drive, in an R-2 zone. WITHDRAWN AT THE REQUEST OF THE APPLICANT. MOHRENWEISER/CALAWAY A request by Richard and Judith Mohrenweiser and Tim ZONE CHANGE REQUEST Calaway for a zone change on several properties from R-3 to RA-3 for the purpose of constructing apartments located on the east side of North Meridian Road, north of Underhill Court. MOHRENWEISER/CALAWAY A request by Richard and Judith Mohrenweiser and Tim CONDITIONAL USE PERMIT Calaway for a conditional use permit to construct several REQUEST multi -family units on property zoned RA-3 located on the east side of North Meridian Road, north of Underhill Court. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a KZC-04-1 AND KCU-04-4 presentation of staff report KZC-04-1, a request by Richard and Judith Mohrenweiser and Tim Calaway for a zone change on several properties from R-3 to RA-3 for the purpose of constructing apartments located on the east side of North Meridian Road, north of Underhill Court, and staff report KCU-04-4, a request by the Mohrenweisers and Calaway for a conditional use permit to construct several multi -family units in an RA-3 zoning district located on the east side of North Meridian Road, north of Underhill Court. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 1 of 18 Wilson explained that this is a two -pronged request to change the zoning on approximately three acres of land on the east side of the property from R-3 to RA-3 and a CUP for 67 apartments on a total of five acres. She said the property was proposed for rezoning several years ago, but the Board's vote was split and the city council denied it since it needed to pass on a super majority. She said it had been speculative zoning in nature, and the property now has a buy -sell agreement contingent on the zoning. Wilson stated that the RA-3 zone has a minimum lot size and density limit of 7,000 square feet for the first duplex plus 1500 square feet for each unit beyond a duplex and that multifamily dwellings are a conditionally permitted use. She said that 2.91 acres are proposed for rezoning; the Growth Policy anticipates this area as an urban mixed use area along Meridian and urban residential to the west, along 93, so it is a mix of the designations. She stated that this is a mixed use area, which allows duplexes, single family and professional offices, which transitions from Meridian Road, and further to the east is residential. She said that the property has direct access via a 40 foot easement to North Meridian Road, with a secondary access from Underhill Court. She said the property will generate more traffic, but not what beyond what is anticipated for the area. Wilson said that staff recommends that the zoning be changed to RA-3 on the 2.91 acres, which would allow the development of the apartment units throughout the site. She said the developer has revised his plans based upon recommendations from site review and the fire department. She said that Meridian Road is to the west, with access directly off of Meridian; there will be multiple buildings with multiple units, plus a clubhouse for residents' use. There will be separate apartment pods, with an exit to Underhill Court. Wilson stated that the surrounding area is transitional, the property lies on a steep slope towards 93, and it would be impossible to get access to 93. She said that Meridian Pointe apartments adjoins the property to the south, with single family homes along the southwest boundary; to the north is Michael Blend's project and some undeveloped land to the east of that property. Wilson explained that the Growth Policy states this area is suitable for urban development, and anticipates a density of up to 12 dwelling units per acre, with limited office uses. She said that Meridian Road is planned for urban mixed uses, and that this proposal has 14 dwelling units per acre, or 67 units on 4.8 acres, and is reasonably compliant for the area. In looking at site suitability, she said there is adequate space for circulation, parking and the set backs, and the maximum density would be 137 units; however, there are Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 2 of 18 topographical limitations and the layout would preclude that high of a density. She said the slopes to the east will require more attention to drainage and site layout. Wilson showed a color rendering of one of the buildings; they will be two and three stories in height, with the larger buildings to the eastern portion of the property that is larger and more developable. She said that staff is recommending that any construction vehicles and equipment use Meridian Road exclusively. She said that sidewalks are indicated in the interior of the site, and that staff recommends that sidewalks be installed on both sides of the interior road and also on the southern portion of the nine unit building (which is to the north). Wilson explained that on site parking would require 168 parking spaces and 173 are indicated, with seven at the clubhouse; the parking plan appears to comply with the zoning ordinance. She said the site plan has incorporated the recommendations of the staff report and site review. She said there are no real open space requirements for this development, but that the developer has created a picnic and recreational area. She also said this property could have a moderate impact on the school district, with maybe an additional 30-35 kids generated. Wilson explained that as for neighborhood impacts, there could be significant traffic generation which would be handled by Meridian Road and Underhill Court; there would be intermediate impacts on Arizona Street and Highway 93. She said there are approximately 45 single family homes in that area; with 67 additional dwellings, it would generate approximately the same amount of traffic, in theory. Wilson stated that staff recommends adoption of KCU-04-3 as the findings of fact subject to the 12 conditions listed in the staff report, and that fire access has been approved. QUESTIONS BY THE BOARD Hinchey asked Wilson to clarify the density of the project. Wilson answered that the Urban Residential designation in the Growth Policy is 12 units per acre, not the zoning ordinance. She encouraged the Board not to get too focused on lines in the sand, and stated the Growth Policy provides guidance. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Tim Calaway, Calaway Construction, stated that he has been in business in the valley for 27 years, and that this is an investment he and his brothers have decided to make. He stated this is a real quality project; they want to purchase this property but need Board approval to do what they want Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 3 of 18 to do. He stated this is a large investment, with 5-6 million dollars invested into the local economy. He said he always uses local people and buys local products. He explained this property is infill, and is a good buffer between the commercial properties and Highway 93, with some residential to the southwest. He stated he proposes to put a landscape buffer between the houses on the southwest corner and the apartments. He said this is a great location, and it is the right time for this project; it is never going to be single family homes or commercial, it will be a great addition to the neighborhood, and an asset to the area with covered decks and landscaping all around. He said they are not proposing subsidized housing. He stated there are great views on the side hill of Highway 93, with covered decks and a high hedge to buffer 93. The property is close to the Summit and the hospital, and residents will be able to bicycle and walk to the college, hospital and Summit, etc. He said it is centrally located, and there will be a covered pickup point for Eagle Transit. He stated there are four fire hydrants, and they made all the changes suggested by the KFD; in addition, dumpsters for each unit will be enclosed and finished, and Public Works did those locations. He said' that Meridian Road will be improved within 2 years, and this is a buffer area that will never be single family housing. Taylor asked Calaway about noise abatement from Highway 93. Calaway said they plan to use landscaping as a noise buffer, with large hedges and trees. Taylor asked how much of the roof line would be seen from 93 South. Calaway stated the roof line is about at highway level due to the parking lot and the two story building; there will be daylight basements in that unit. He also said he is putting handicapped units in every building, and will talk to the hospital about holding some units in reserve for patients. PUBLIC COMMENT I The following people spoke in support of the project: Dick Mohrenweiser, the owner of the property being sold, stated he did not charge Calaway nearly enough and it is a beautiful project. He gave some history of his previous attempt to rezone the property and stated it used to be three acres, and he bought an additional two acres. He said the timing is perfect, that Meridian Road will be redone, and nice apartments will be built there. He said that now it is a weed infested field, and this will give the people who live nearby the ability to walk on paved streets and sidewalks, and have a residential area that is green instead of weedy. He said he is wholly in support of this project. Michael Blend, 1069 North Meridian, adjoining the Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 4 of 18 stated Calaway builds quality homes, and he has no reservations about the quality of the construction; he understands the neighbors' concerns, but that this type of growth is inevitable, and it makes sense to have this in this area, because it is transitional between Highway 93 and Meridian Road. He stated it makes sense to have some office space along Meridian Road and the apartments behind, because the area will either be commercial or multi -family. The following people spoke in opposition to the project: Betty Jo Malone, 627 Underhill Court, stated she is opposed to this project, and that she lives adjacent to the property. She said Underhill Court is a very narrow road, with no sidewalks, and one fire hydrant; there are many families with small children. She said the road cannot accommodate the additional traffic, there is only one stoplight and it is a dangerous intersection; people can't stop in the wintertime and slide right into the fence. She stated the road hasn't changed since the last time it was proposed, and it sounds like a nice project, but the traffic is very heavy on Arizona and it can't handle 67 more cars. Sheila Henderson, 630 Underhill Court, stated she has two small children and that Underhill and Arizona are very narrow streets; she said that Underhill Court will not be able to accommodate the traffic, there are no sidewalks and no area for kids to play except in the streets. She said that Meridian Road is also very busy, and more residents will cause problems and will resort to using Underhill Road when traffic is a problem. She said the kids are in danger now, with too much traffic in the area; kids and property are at risk. Brenda McKnight, 629 Underhill Court, stated her back yard backs right up to the property. She said that traffic is bad, and there are always kids playing on Arizona Street; it is a narrow road, and a lot of traffic would be very dangerous and she is concerned for the kids. She said the project looks wonderful, aside from the traffic concerns. Keith Robinson, 501 West Arizona, stated this project might be a boon to the City, but they need to fix the traffic problem. He stated that 5th Avenue WN is a main arterial, and it is a busy road; he has seen the increased traffic. He stated he wants conditions imposed for Underhill Court, because there are no sidewalks on Underhill or on Arizona, and there are traffic problems at 5th Avenue WN and Arizona Street. He stated that Arizona is a hazard and is very slick in winter with lots of accidents. He stated this looks like a viable project, but he has concerns about the traffic. He stated that maybe the City Council and the street department should improve the area. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 5 of 18 No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KZC-04-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning for this property be changed from R-3, Single Family Residential, to RA-3, Residential Apartment/Office, on approximately 2.91 acres located between Meridian Road and Highway 93, north of Underhill Court and south of Three Mile Drive. BOARD DISCUSSION Hull stated that the apartments are a good idea, but the entrance on Underhill Court would destroy the neighborhood. He feels it violates the zoning principal of lessening congestion in the streets and it will impact the neighbors. He said the neighborhood is isolated from traffic patterns and there is a path on this property that goes through to the junior high and wondered how it would be incorporated into the project. He said that traffic will be detrimental to the area. Norton stated that he agreed that Underhill Court was not designed to carry this much traffic, but we don't have the funding to improve the road as needed and it is not fair to pass the burden to the developer. He said the need has to be there before the road can be improved and we don't have the ability or control to fix the road first. He stated the overall plan is great infill for the area, and the property will become a blight if it is not developed. He said the apartment complex is well suited to the neighborhood except for the traffic impact. Hinchey agreed with Hull, and stated he is concerned about the impact on Underhill Court. He asked if they could make the back entrance an "emergency use" only. Wilson stated they could make that one of the conditions of approval of the CUP and send it to the City Council. Johnson stated we are dealing with a zone change and a CUP, but that Underhill Court and Arizona are not the only ingress and egress points; most people would use Meridian. He said that more than likely they would do away with one of the most prolific knapweed growth areas in the City. Hull stated the apartments are a great idea, but they should not impact a residential area and should only impact Meridian Road. ROLL CALL The motion passed 5-1 on a roll call vote with Hull voting against and Atkinson being absent. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 6of18 MOTION Johnson moved and Anderson seconded to adopt staff report KCU-04-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be given to Richard and Judith Mohrenweiser and Tim Calaway to construct several apartment buildings on property zoned RA-3, Residential/Apartment subject to the 12 listed conditions. BOARD DISCUSSION Taylor stated that we should craft an additional condition that would deal with the future traffic, which seems to be the main point of concern. He stated that some ideas would be to place a concrete barrier at the end of Underhill, or restrict it to emergency vehicles only, or to require a traffic impact study and feasibility study to widen Underhill. He asked Wilson if she had any suggestions. Wilson stated they could make a motion to require it to be emergency access only and coordinate it with the fire department. She said the City could not go in and make upgrades to Underhill Court to accommodate this project alone. Taylor asked wouldn't it be better to address traffic on Underhill sooner rather than later. Wilson stated the City may look at upgrading the intersection of Arizona and 5th Avenue WN, because 5th Ave is a collector, but it would not be as a result of this development; volumes of traffic all over the City are high. Taylor asked if the southern end of the development could be made a one-way street. Wilson said that there has be a rational basis for doing that and that other departments would have to be involved. She said the Board could make those recommendations to the City Council. MOTION (CONDITION 13) Anderson moved and Hinchey seconded to add Condition 13 that reads, "Secondary access of proposed development onto Underhill Court be emergency ingress and egress only; and such ingress and egress would need to be coordinated with Emergency Services - i.e., Fire Department, Ambulance and Police." FURTHER DISCUSSION Johnson asked if Anderson was suggesting a cul-de-sac right there and wondered about the size of the cul-de-sac and if it would be legal. He stated it would inhibit traffic flow and we are assuming that all traffic would go out Arizona Street; he feels it would be a secondary choice. Norton agreed with Johnson, and stated it will be a Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 7 of 18 secondary impact but that all traffic is not going to go out that way. Anderson's proposal will not correct that, and that it is not a perfect world. Hull stated it is not just Underhill Court, but there will be lots of traffic in an area that is not used to it, and said he disagreed and that a lot of traffic would use that route. He said he thinks it will spill onto Wyoming and 5th Avenue WN and that about half of the traffic will use the rear entrance. Taylor asked Wilson to look at the vicinity map and point out where 5th Avenue WN is. He stated he agrees it is a superb development, but he wants a study of the traffic patterns in the area. ROLL CALL (CONDITION 13) The motion for Condition 13 passed 4-2 on a roll call vote, with Norton and Johnson voting against and Atkinson being absent. ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote. LANCE/POSTEN A request by Robert Lance and Kathryn Posten for a CONDITIONAL USE PERMIT conditional use permit to construct an additional duplex REQUEST unit in an RA-1, Low Density Residential Apartment zoning district located at 715 Liberty Street. STAFF REPORT KCU-04-3 Narda Wilson, with the Tri-City Planning Office, gave staff report KCU-04-3, a request for a conditional use permit to allow the construction of an additional duplex unit in an RA - I, Low Density Residential Apartment zoning district located at 715 Liberty Street. Wilson stated the property was annexed at last month's meeting, and was a strip of land on the Kinshella right of way. The applicants are requesting a CUP to build a duplex on property that already has a fourplex on it. She said it is zoned RA-1, Residential/Apartment, and the additional 30 feet gave them enough room to get another duplex on the property. She said the new building is a 980 square foot footprint, 2 story, and there is approximately 21,000 square feet on the entire site; the RA-1 zone has a minimum requirement of 6,000 square feet for the first duplex, and 3,000 square feet for any additional duplex. She said the right of way is considered a side corner setback and it is 20 feet, 20 in rear, and 20 in front; the access is from Liberty Street and that site review suggested eliminating a new parking lot completely, putting one additional space on the street, which would avoid two accesses if Kinshella is eventually developed. She said the applicant will probably move the footprint of the building to the south a little bit to get some space between the buildings and that multi -family is already in the area, with vacant county land to the west Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 8 of 18 and assisted living to the north, and bigger multi -family further to the east. She stated that staff is recommending adoption of the staff report subject to the seven conditions listed. QUESTIONS BY THE BOARD Hinchey asked about the parking space in the street. Wilson answered there are 15 parking spaces required, and they added one parking space on the street, making three, which is allowable. She said there are two spaces per unit overflow and the developer will need to move the handicapped space up to the left corner. The developer will also need to relocate the refuse area and some of the landscaping to enable parking. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES The applicant was not available. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Anderson moved and Hinchey seconded to adopt staff report KCU-04-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to allow the construction of an additional duplex in an RA-1, Low Density Residential Apartment zone, subject to the seven listed conditions. BOARD DISCUSSION Norton stated that he was glad staff did a bit of relocation to the site plan in case Kinshella is developed. ROLL CALL The motion passed unanimously on a roll call vote. GOLDBERG PROPERTIES/ A request by Goldberg Properties/DNRC for a conditional DNRC CONDITIONAL USE use permit to allow an increase in height from 45 feet to 54 PERMIT REQUEST feet in a B-5 /PUD zoning district that is part of the Spring Prairie PUD for the Lowe's building. STAFF REPORT KCU-04-6 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KCU-04-6, a conditional use permit to allow an increase in height from 45 feet to 54 feet in a B-5/PUD zoning district that is part of the Spring Prairie PUD for the Lowe's building. Wilson stated the Board has looked at amendments to the Spring Prairie PUD in the past and that this one deals with the height restrictions. She stated that approximately two years ago, height limits were looked at by the City to allow height increases in commercial areas with a CUP. She said Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 9 of 18 C� this project is subject to a detailed PUD agreement with the state and showed a site plan of the Spring Prairie development. Wilson explained that Lowe's is the first building to go in and they will have 637 feet of building frontage along Highway 93. She said Lowe's intends to break up the fagade of the building by going. up to 53 1/2 feet and that the top of the building is 28 feet, the ridge by the gable is 41 feet, and the overall height is 31 feet. The height increase is limited to the fagade itself. She stated the PUD has been thoroughly reviewed by the Board and City Council. Wilson said there was one letter of opposition received that was written by the developers of Mountain View Plaza; they feel some inequity is involved with this request. Mountain View was subject to the 45 foot limit when Home Depot was built and they are concerned about the scale of the Lowe's building in relation to the site. Wilson said that staff is recommending adoption of the staff report and recommend approval subject to the two conditions listed. QUESTIONS BY THE BOARD Taylor asked if the height limit was to accommodate the signage and logo in order to break up the facade. Wilson answered it was. Hinchey asked if the 45 feet was a requirement of the PUD. Wilson answered that they still need a CUP, and that 45 feet was a requirement a while ago, but that Council amended the zoning regulations to 60 feet with a CUP in all commercial zones and with this PUD. She stated it is consistent with the zoning regulations, and anything over 45 feet still needs a CUP. She said the PUD is limited to 45 feet without a CUP. PJ Sorenson, Zoning Administrator for the City of Kalispell, gave some history about height restrictions in the City. He stated that the cap used to be 40 feet and then went up to 60 feet with a CUP and tried to mirror the general regulations in the PUD. Johnson asked if there was a functional use for the height. Wilson said it was aesthetic, and part of their structure. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES I The applicant was not available. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 10 of 18 PUBLIC COMMENT Mike Frasier, 300 Three Mile Drive, stated that he is for commercial development, but that the zoning regulations state a variance can be given for hardship, and he sees no hardship here. He stated he believes this is being done for the convenience of the applicants and not for hardship. He stated that Mountain View Plaza dealt with significant issues in height, and that their building would not impact the view shed; they are 25 feet below ground level. In contrast, Spring Prairie is above ground level and they are asking for a 25% increase in height; there will be significant visual impacts on the last nice entrance into the City. He stated that Stan Beard, developer of Mountain View Plaza where Home Depot and Target are located, feels this is an equity issue. Box stores are not adverse to site specific issues, but all are within the constraints of the original PUD. He stated the playing field should remain level, and the height should remain 45 feet no matter where they are. He said there are other design features that could be incorporated instead of a height increase. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt staff report KCU-04-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to Goldberg Properties/DNRC to change the height restrictions from 45 feet to 54 feet on the Lowe's building, subject to the two listed conditions. DISCUSSION Hull stated that this is not a variance, it is a CUP, and that Lowe's made concessions on the lighting and that we should look favorably on this request. Norton asked for clarification —is this a sign, and will it extend above the wall? Wilson answered it is a parapet wall that has been incorporated into an architectural element, so it is not considered a roof mounted sign, but it will extend above the wall. Sorenson stated only the height is before the Board, not the sign issue. The sign would have to go through a separate sign issue process before the sign is permitted; it needs some sort of feature that incorporates it into the wall. They will look at it as part of the wall structure, not as a sign. Norton asked if it is part of the structure in reality, and not just someplace to put the sign. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 11 of 18 Wilson stated that it is part of the structure, and the board could require them to keep the sign below 45 feet, but the fagade would still be above that. Johnson stated his impression is that this will circumvent the sign ordinance, and what keeps Home Depot from adding a 60 foot sign next week? He feels it is not a structural part of the building; it makes the front pleasing to the eye, but it is a sign nevertheless. Where do we stop when someone else wants to add a sign? Hinchey stated he is opposed to this and he does not see a condition that requires it; it is an attempt to gain a competitive advantage. He feels it is an impact on the view shed, and is not necessary. Anderson stated she feels it is a want and not a need. Taylor stated it is a good attempt to break up a box front, but he doesn't think it is really part of the structure. He feels it is a false front if nothing else, and there should be another way to break up the frontage. ROLL CALL The motion failed 1-5 on a roll call vote with Hull voting in favor and Atkinson absent. STRATFORD VILLAGE A request by Stratford Village Subdivision for preliminary SUBDIVISION plat approval of Stratford Village Phase 4, a 23 lot residential PRELIMINARY PLAT subdivision on approximately 3.37 acres in southwest REQUEST Kalispell. STAFF REPORT KPP-04-6 Narda Wilson, with the Tri-City Planning Office, gave a presentation of staff report KPP-04-6, a request for preliminary plat approval of Stratford Village Phase 4, a 23 lot residential subdivision on approximately 3.37 acres in southwest Kalispell. Wilson stated that Phase 3 of this subdivision was just final platted, and that this is a small section near Bluestone Drive, platted into single family and townhouses. She said this is the final phase with 23 lots --three single family and 20 townhouse lots. Wilson explained that Stratford Village has platted approximately 100 lots over the last few years, and this is at the northwest corner of the property, bounded on the west by the BN right-of-way, Lone Pine View to the north, and the rest of Stratford Village to the east. She stated that it is zoned R-4, with a minimum lot size of 6,000 square feet and a lot width of 50 feet; most of the lots exceed that, and the parent tracts are 70 to 80 foot lot widths, making well sized townhomes. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 12 of 18 Wilson said that water and sewer are already extended and will be taken off Teal Drive; the access is from Bluestone, and there is a connection between Sunnyside and South Meadows Drive. She said that the plat for Phase 1 showed a common area to the west; it is actually a drainage area. The new cul-de-sac would eliminate part of the drainage area, so there is a condition that it can't effect the storm water run off. She said the road will be an extension of existing city streets, and is consistent with other development in the area. Wilson explained that the cash -in -lieu is a re- evaluation of the cash calculated during the preliminary plat review of Stratford Village; the unimproved land came out to $12,070. This reconfiguration creates 2.675 acres or $3,052 and hopefully will be used toward improving Begg Park. She said the state allows up to 50% of cash -in -lieu for maintenance, but the City does not use any of it for maintenance; they use all of it for development. They are looking at a small area to the north that can be used for a park. Wilson said the staff recommends adoption of the staff report subject to the 14 listed conditions. QUESTIONS BY THE BOARD Hull asked why the subdivision map and the zoning map are not the same —there is a "bulb" area on one map and not the other. Wilson answered that the "bulb" was part of the drainage easement, and that this will end in a cul-de-sac and take out the drainage. She said it was platted as common area, and there was an error in how the map was done. Hull asked if they have already started building. Wilson answered not this part, but they are completing Phase 3, and it was just final platted. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Dave Hofstad, 2845 Farm to Market Road, stated that they missed the northwest corner of the property because they did not know what they wanted to do with it --now they would like to build duplexes and single family homes. Jim Burton, Jackola Engineering, stated the "bulb area" has had an amended plat already recorded. He said their initial approval was for 102 lots; the 102nd lot was designated as R-4 zoning by the Board. They are trying to finish out the subdivision and need to come back before the Board for approval. PUBLIC COMMENT Lyla Kruckenberg, 1204 Sunnyside Drive, spoke against another subdivision of R-4 zoning. She said that everything Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 13 of 18 C/ they have opposed in the neighborhood has been passed, and feels it is a waste of time to come here and that the public needs to be heard. She said the traffic study that the Council referenced was done when school was out, the counters were placed incorrectly and that traffic will be impacting Sunnyside Drive regularly. She said that traffic has increased tremendously in the area, and there is no road capacity to take care of it. She mentioned that contactors come onto her property, and they placed the water main on her property instead of the new subdivision. She feels it will have a very negative impact on her property; there is no buffer zone, no park, no space for the children, and the houses will start at $150,000. She feels it is not affordable housing and they can't accommodate the traffic, there are no sidewalks and two cars can't pass on the road. She wants the Board to consider carefully the subdivisions passed and stated that Kalispell can do better, and that people don't want to be jam packed in. Taylor asked Kruckenberg where she lived in relation to the property. She stated she is tract 20A, 12 acres in the County along the bypass route. Angie Kruckenberg, 1116 Sunnyside Drive, invited the Board to drive down to the area, and take a look at the equipment and trucks and the basements already being built. She said that right in front of area 10E, her property, are seven townhouses that are 10 feet from her property line with no buffer. She said there is five feet between each unit and it is not equitable planning. She said she feels a different sense from the Board now, and that they are being more careful, and that she is opposed to any more subdivisions being R-4 in that area. She said there are vast differences in R-1 and R-4 zoning and that they need buffer zones; it is not fair for purchasers of the new properties or existing properties. She said that progress is necessary, but the disparity is not fair to people buying these homes or those already living in R-1 zones. She said she feels their planning is allowing the City Council to break the law and there is a sense of greed and haste for the developers to push housing volumes to the max. She said there is no room for all the traffic and where is the responsibility for the road? She stated that developers need to be responsible for the roads and that this development is too dense for people to live peaceably together; there are no parks in the development and they are not affordable housing because they are listed at $150,000. She feels the future of our children's children is at stake and that the bypass will bring many more people to this road. She stated she thought this was creating ghetto row housing next to estate type development and was not fair to put this housing next door to each other. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 14 of 18 No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KPP-04-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that preliminary plat approval for a 23-lot residential subdivision be given to Stratford Village Phase 4 subject to the 14 listed conditions. DISCUSSION Anderson stated she is familiar with Stratford Village and goes out there on a routine basis for work. She stated she drives down Sunnyside Drive, and a lot of traffic goes onto Sunnyside, but also a lot of traffic goes down Ashley Drive. Norton stated he admires the Kruckenbergs' passion and beliefs, even though he may not agree with them, and the only way to get heard is to keep doing what they are doing. He stated the Planning Board does try their best. Hull stated this is very close to his house and the City should make an effort to preserve the Ashley Creek corridor and there is a problem with the Lone Pine area and parking. He stated the area is in transition, but we can try to keep all of it from being developed. Taylor stated the Board is charged with having proper vision and the City has the capability to be a jewel city. He said it won't happen overnight, but the Board sets the tone and takes interest in being visionary. He said the Board should have a possible work session about where we draw the line in some of these subdivisions. He said the vision is not faulty in this case, because they have already approved Phases 2 and 3, and the final phase is only 20 more townhouse lots and 3 single family lots and they won't have a serious negative impact on the area. He stated we must allow this subdivision to be built out and complete its phase and allow it to finish. Hinchey stated we are not here to discuss a new development, we are here to approve a plat. He said the developer has complied with all the requirements in putting it forward, but he does sympathize with the concerns of the Kruckenbergs. He said he would not be inclined to approve a new subdivision, but this one should be finished out. ROLL CALL The motion passed unanimously on a roll call vote. CITY OF KALISPELL A request by the City of Kalispell to amend various sections ZONING TEXT AMENDMENT of Chapter 27.24, Sign Regulations, in the Kalispell Zoning REQUEST Ordinance. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 15 of 18 L� STAFF REPORT KZTA-04-1 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-04-1, a request by the City of Kalispell to amend various sections of Chapter 27.24, Sign Regulations, in the Kalispell Zoning Ordinance. Wilson stated the Board has been working on the sign regulations during work sessions and this draft reflects the changes discussed at the last work session. She said there are no significant changes overall; they tried to deal with temporary signs, electronic message signs, nonconforming signs, and a more streamlined provision for enforcement. She said the staff recommends adoption of the staff report for Council with one minor change, which is that signs mounted on a fence are considered free standing signs. Wilson stated that no comments were received in writing from any member of the public, but quite a few people came in and got copies of the regulations. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt staff report KZTA-04-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that Chapter 27.24 of the Kalispell Zoning Regulations be amended. DISCUSSION Various typographical errors and sections of unclear language were discussed and changed. MOTION (AMEND Hinchey moved and Anderson seconded to amend 27.24.050) 27.24.050, paragraph 6, Subdivision Identification Signs, to read "such signs shall be restricted to the subdivision or tract name and not to exceed 6 feet in height." VOTE The motion passed unanimously on a voice vote. MOTION (AMEND Hinchey moved and Taylor seconded to amend page 15, 27.24.110) 27.24.110, Permitted Signs in the B-2, B-3, B-4 and B-5 area, paragraph 4, to read "projecting signs, except on Main Street and the redevelopment area, unless the sign is a. less than 4 square feet...." (delete old a, move b and c up) DISCUSSION Sorenson explained some of the basis for the removal of projecting signs under canopies. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 16 of 18 Hull stated the logic behind this is that you can't see the sign because the canopy is there. Norton asked if we shouldn't be more specific as to the redevelopment area. Sorenson stated it is spelled out in the ordinance by metes and bounds, and any frontage on Main Street is in the redevelopment area. He said it is the downtown core from Idaho to llth or 12th, and any properties facing Main Street. There was discussion about projecting signs and where they could be used. Sorenson stated that Architectural Review likes the fact that all projecting signs are off of the buildings, and the exception does not allow projecting signs at all. VOTE The motion failed on a voice vote. MOTION (AMEND Hinchey moved and Anderson seconded to amend section 27.24.150) 27.24.150, Exemption for Historic Signs, to "...signs that are deemed to have historical significance may be retained, preserved, or restored." DISCUSSION Wilson commented that the Board of Adjustment should not be granting variances for these anyway, and that it should be done administratively. Sorenson read the criteria for the Architectural Review Committee for historic buildings and suggested a similar review process. VOTE The motion passed on a voice vote. ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote. OLD BUSINESS There was no old business. NEW BUSINESS Wilson stated the City Council wants to hold a work session with the Planning Board to discuss roads, brainstorming, etc. on June 14 or June 28. There is a meeting with the Architectural Review Committee on June 2 at 7:00 in the City Council chambers. Sorenson spoke about zoning text amendments, and that the R-3 and R-4 zones have very slight differences; R-4 allows duplexes and smaller lot sizes, so developers can get more lots. They want to coordinate the R-3 and R-4 zones so that lot sizes and setbacks are the same, so that developers can choose the right zone for their projects. Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 17 of 18 CII 0 Wilson said the Board needs to talk about the work program discussion, because we are coming to the end of the fiscal year. ADJOURNMENT The meeting was adjourned at 10:28 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Wednesday, June 9, 2004. George for Judi Funk nt Recording Secretary APPROVED as submitted/corrected: Co / 9 /04 Kalispell City Planning Board Minutes of the meeting of May 11, 2004 Page 18 of 18