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09-09-03KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 9, 2003 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: Jean Johnson, Rick Hull, Jim Atkinson, Sue Ellyn Anderson, Timothy Norton, George Taylor and John Hinchey. Tom Jentz represented the Tri-City Planning Office. There were approximately 24 people in the audience. APPROVAL OF MINUTES Hull asked for a correction to the minutes. He had suggested having workshops on every 4th Tuesday of the month. Atkinson moved and Norton seconded to approve the amended minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of August 12, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. RIVER GLEN SUBDIVISION A request by River Glen Subdivision, LLC for an initial zoning INITIAL ZONING UPON designation of R-3, Urban Single Family Residential, on ANNEXATION approximately 3.4 acres located on the east side of South Woodland Drive immediately south of Quincy Loop upon annexation to the City of Kalispell. RIVER GLEN SUBDIVISION A request by River Glen Subdivision, LLC for initial zoning PRELIMINARY PLAT and preliminary plat approval of River Glen Subdivision, a APPROVAL REQUEST 13 lot single family residential subdivision, upon annexation to the City of Kalispell. STAFF REPORTS Tom Jentz, with the Tri-City Planning Office, gave a KA-03-15 AND KPP-03-9 combined presentation of staff report KA-03-15, a request for initial zoning upon annexation of approximately 3.4 acres located on the east side of South Woodland Drive immediately south of Quincy Loop and KPP-03-9, a request for preliminary plat approval of River Glen Subdivision a 13 lot single family residential development. Johnson excused himself from agenda items 1 and 2 (River Glen Subdivision). Jentz showed a site plan of the project and spoke about the surrounding neighborhood. He stated that the site is 3.4 acres in size with the city limits at the northerly boundary. He said that Woodland Court, a single family project developed by th3e city 8 years ago is directly north of the property and that land to the east is vacant. It is the rural Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 1 of 10 fringe of the city, but that the area generally is residential with urbanization taking place. Jentz stated that the applicants have requested R-3 zoning which has a 7000 foot minimum lot size and is compatible with the surrounding zoning. He said that the project has met all of the statutory criteria and is compliant with the Kalispell growth policy. He said that South Woodland is designated as a collector and will continue to carry more traffic. Jentz said that the developer wants to develop 13 single family lots in the subdivision, with a single access off of South Woodland Drive coming down into a cul-de-sac. Sewer and water would be extended into the subdivision. He stated that the developer asked for three variances to the Subdivision Regulations and that the staff incorporated those requests into the conditions. He stated that the issues are pedestrian access (sidewalks), the length of the cul-de- sac, and boulevards in the cul-de-sac. Jentz stated that the staff report states that setting aside the grass boulevards in the cul-de-sac is acceptable,, but that staff is offering a different design to eliminate the need for a longer cul-de-sac. Staff suggests that the road be moved to the south side of the property, which would shorten the cul- de-sac and eliminate the double frontage situation on Quincy Loop. The road would also benefit the property to the south that is not presently part of this subdivision as it would allow re -subdivision at a latter time. If the road were moved to the south, sidewalks would only be necessary in front of the developed lots along the south side of the road. Jentz said that there are 19 conditions included in the staff report, some of which address the variances requested by the developer. One of the conditions asks that South Woodland Drive be widened from 24 feet to 28 feet, to match what was done in Woodland Court. Jentz stated that sewer and water must be extended to the furthest end of the property, so that the next developer can continue on. With this situation, there is a property owner to the east who would like the sewer and water extended so that they have access to it. Jentz said that staff has suggested an additional condition 20 which states, "Sewer and water mains shall be extended to the east end of the proposed River Glen Subdivision so as to provide service to the westerly boundary of Lots 7 and 8 of Green Acres subdivision. This sewer and water extension shall be located in a minimum 20 foot wide utility easement as it leaves the internal road R/W. In addition, a minimum 10 foot utility easement shall be provided along the entire Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 2 of 10 O easterly side of the proposed River Glen Subdivision to allow these utilities to be extended in either direction in the future." PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Ed Engle, Paul J. Stokes and Associates, representing River Glen LLC stated that they agree with staff, and they would have no problem with changing the road location, or widening South Woodland. He said that extending utilities to the east is a reasonable request. PUBLIC COMMENT Rena Hagen, lives to the east of the subdivision (lot 7), read a statement to the board asking that utilities be extended easterly to serve her lot #7. (Statement is attached) No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Anderson seconded to adopt staff report KA-03-15 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be R-3, Urban Single Family Residential, on approximately 3.4 acres upon annexation to the City of Kalispell. BOARD DISCUSSION Taylor asked about the redesign of the cul-de-sac and what would happen to Lot 13, which is now in the corner. Jentz answered that Lot 13 would become a corner lot, but that an additional bulb on the cul-de-sac may be necessary to pick up River Glen Lot 7 in the northeast corner. Taylor also asked about a letter received from an adjacent property owner regarding storm water drainage. Jentz stated that the subdivision will be required to retain all storm water drainage on site. ROLL CALL The motion passed unanimously on a roll call vote, with Johnson being recused. MOTION Anderson moved and Norton seconded to adopt staff report KPP-03-9 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed preliminary plat approval for River Glen Subdivision be approved subject to the 20 conditions. BOARD DISCUSSION Atkinson asked about a grid type road system and whether a larger easement for a full road R/W instead of just a sewer and water easement to the east would be appropriate in order to extend a road for when Lot 7 gets developed. This U way south Woodland could be connected with Willow Glen. Jentz answered that any such access would have to be 60 feet wide and there were no plans to develop Lot 7 yet. The Hagen's live on lot 7 to the east. Hinchey asked if Lot 7 of River Glen could be turned 90 degrees and front on the new road extending east to Hagen's Lot 7 instead of being lost. Jentz answered yes. Hinchey and Taylor also stated that they support the gridded system for the roadway. Norton asked Rena Hagen if the road would be beneficial for her in the future. Hagen answered yes, that she had spoken with Narda Wilson some time ago, but that all of the property owners did not want to participate at that time. She stated that it would be nice to have the access for future development. Hinchey asked if it was necessary that this developer take the sewer and water to the abutting property, and don't they already come down Willow Glen? Jentz answered that neither sewer nor water abut the property on Willow Glen. Additionally, he said looping of water is good where ever it can occur. MOTION (CONDITION 21) Atkinson. moved and Hinchey seconded that the right of way for the River Glen Subdivision access road be extended to the furthest eastern boundary of the property, but that the improved portion of the additional proposed city street need not have to run to the eastern boundary only provide access to the abutting lots. ROLL CALL The amended motion passed 5-1 with Anderson voting against and Johnson being recused. ROLL CALL The original motion passed unanimously on a roll call vote and Johnson being recused. KELLER CONDITIONAL USE A request by Charles E. Keller for a conditional use permit to PERMIT REQUEST allow the construction of a four-plex on property zoned R-3, Urban Single Family Residential located on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. STAFF REPORT Tom Jentz, with the Tri-City Planning Office, gave a KCU-03-4 presentation of staff report KCU-03-4, a request for a conditional use permit to allow the construction of a four - Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 4 of 10 plex on property zoned R-3, Urban Single Family Residential located on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. Johnson rejoined the meeting. Jentz showed a site plan of the proposed development and explained some of the topography and challenges with the site. He said the applicants are requesting a CUP in an R-3 zone using a provision called clustering. The applicants have 33,000 square feet in the property; therefore they can cluster 4 units and leave the rest in open space. Jentz stated that the units must be single family in nature and will be required to be town homes because as interpreted by the zoning administrator the R-3 is a single family zone. Jentz explained some of the design elements and said that the site is well laid out but that the limiting factor is in the access. He said that the applicants propose to tuck the townhouses into the hillside with carports in the front and 12 parking spaces on site. There are several 4-plex projects close by in the neighborhood. The rest of the area on -site would be open space with landscaping. He said the subdivision would have access to all municipal services. Jentz explained the access issue and said that this is a remnant piece of property, the last piece in the neighborhood to be developed. While is abuts both Hwy 93 and Grandview Drive it has no access because of MDT access restrictions. There is also a city utility site that contains the north Kalispell sewer lift station, a generator and a natural gas blow off valve. The project has a 20 foot easement through the middle of this site. Additionally, only a 20 foot easement straddling two city side lot lines for a distance of 182 feet out to Harrison provides the e remainder of the access. The size and location of the access is a dilemma. Jentz said that staff is concerned that the 20 foot access out to Harrison is not wide enough to develop a 20 foot paved surface, provide for pedestrians and accommodate storm water and snow. Staff recommends that a 30 foot right of way would be workable but will be difficult to get due to location of the houses on adjoining lots 32 and 33. Jentz stated that another issue is that the lift station will be rebuilt, and the city may be interested in a land trade with the applicant to better locate this site. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Thor Jackola, Jackola Engineering, feels that the storm Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 5 of 10 water could be handled on the site by running the grade of the road properly. He said that they would be open to any discussion about the sewer lift station relocating and that this 4-plex site is now an eyesore and they are anxious to eliminate it and improve this corner of the community. an eyesore at that corner. He stated that they have attempted to communicate with the property owners to the south (Lot 32) to see if they could purchase additional R/W, but that they were non -responsive. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KCU-03-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed conditional use permit be approved subject to 8 conditions. BOARD DISCUSSION Taylor asked how feasible it would be to get a 30 foot right of way from Lots 32 and 33 and would there have to be a condemnation proceeding of some of that property. Jentz answered the applicant is a private party, so condemnation is not an option. The applicant would have to buy the property from the adjoining owners. Jentz stated that this condition could prohibit the project from proceeding to construction. Taylor also asked about the city sewage lift station. Jentz answered there could be some flexibility when the station is expanded and that the city could re -position the lift station within the city utility lot or negotiate with the applicant and move it to a more protected or reserved corner of the site through a land trade. Staff does not know what the actual design is yet. Norton asked Jackola how they had contacted the property owners to the south, and if they are out of state owners. He asked if they had tried contacting the owners to the north. Jackola said that they used certified mail twice for the southerly lot owner #32 with no response and that the neighbors to the north just put up a nice fence and they are not trying to agitate the neighborhood. Norton also stated he is concerned with the access and he can envision someone sliding off the road into the generator or the lift station. Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 6 of 10 J Jentz stated that the city components can be worked out, but that the city easement is only 20 feet and the owners would be hard pressed to get more from the city due to the location of existing utilities on this site. Atkinson asked about the 20 foot easement shown on the site plan and how far south Lot 32 goes. Jentz pointed to the footprint of an existing four plex to the immediate south of lot 32 stating that an access on the south side of lot 32 was not viable. Atkinson stated it was a neat design and a good looking project and it would clean up the corner, but there is no way to allow access of only 20 feet. He said that a single family or duplex unit is really the only option. Taylor asked Jentz if the 30 foot access was a deal breaker. Jentz stated they probably could not do the project if they could not get 30 feet; however, the applicant still has an option in working with lot 32. Hull stated that he feels the project would be too dense for the access and not good for the neighborhood. Atkinson stated that the road width would have to be a minimum of 20 feet and you'd have to have more than 20 feet of surface to pave. He feels that staff asking for 30 feet is reasonable and it is the bare minimum of what we can do. Norton agreed with Atkinson. ROLL CALL The motion carried on a 5-1 vote with Johnson abstaining and Hull voting against. NOLAN HOLDINGS, LLC A request by Nolan Holdings, LLC for an initial zoning INITIAL ZONING UPON designation of R-4, Two Family Residential, on approximately ANNEXATION 4 acres located on the southwest corner of the intersection of US Highway 93 and Four Mile Drive, upon annexation to the City of Kalispell. STAFF REPORT KA-03-16 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KA-03-16, a request by Nolan Holdings, LLC for initial zoning of R-4, Two Family Residential, on approximately 4 acres located on the southwest corner of the intersection of US Highway 93 and Four Mile Drive, upon annexation to the City of Kalispell. Jentz showed the site plan noting that the youth sports complex to the north and FVCC is across US 93 to the northeast. Jentz said that zoning is a mixture of uses in this Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 7 of 10 Cl U area, and that immediately to the south Sunrise Terrace has R-4 zoning. The applicants are requesting similar R-4 zoning, but have not submitted a development proposal. The Greenery is currently operating on this site and the property lies in the county on an SAG-10 agricultural zone. Jentz said that this land over the past decade has been surrounded by the city. He stated that the applicant initially wanted an RA- 1 zone, but decided to request an R-4 zone instead. Jentz said that staff made findings that it is a suitable request and that it complies with the growth policy. This is a single family and duplex zone with a minimum 6000 square foot lot. He stated that the applicant is looking for something a little denser than a single family or duplex neighborhood, and will possibly apply for a PUD at a later date. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Norman Beach, Nolan Holdings, stated that he is looking at bringing the project back as a PUD after neighborhood discussions. PUBLIC COMMENT Carole Jorgensen, 723 Parkway Drive, currently living in Oregon. She stated that their development is all single family by covenant and that the neighbors have concerns about traffic, noise, safety, and property values. She asked the board to consider the detrimental effects on her neighborhood if it is developed as a multi family project. Arnold Forsyth, 729 Parkway Drive, stated that he has a beautiful view and does not want to lose it. Ralph Sletten, 741 Parkway Drive, said that he bought his property for the view and is concerned about tall apartments being built. He feels that 38 lots would be too much (the maximum density allowable under a PUD request). Dick Sonju, Lot 2, stated that he has a lot of concerns about safety and parking issues. He said that the Christian Center, the ball fields, and the college all add up to a lot of traffic and parking and he is concerned about adding more. He is mainly worried about the density of the area. Beth Forsyth, 729 Parkway Drive, stated that all of the homes on the south side are two stories and all the homes on the north side were held to one story in their covenants, and she has concerns about taller buildings obstructing her view. She also has concerns about the type of tenants. Beach was brought back for questions. Taylor asked if after hearing the neighbors' comments he had anything else to Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 8 of 10 say. Beach said that he was not thinking about apartments but about townhomes with possibly a cluster development. He stated that he wants to assure the homeowners that he would work closely with them. No one else wished to speak and the public hearing was closed. MOTION Johnson moved and Norton seconded to adopt staff report KA-03-16 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be R-4, Two Family Residential on approximately 4 acres upon annexation to the City of Kalispell. BOARD DISCUSSION Taylor asked Jentz if there were any height restrictions in the R-3 zone. Jentz stated that all residential zones have a maximum height restriction of 35 feet. Thus a standard subdivision, regardless of zone could have tall houses obstructing views. However, if a project comes in as a PUD, all design standards are on the table and it would be a negotiated process: The entire project would be designed and described under a PUD so that there would be no surprises. Atkinson asked Jentz if R-4 would be the designation and would the PUD would be an overlay on that. Jentz said yes and if the applicant chooses to go the PUD route, it would mean an additional public hearing process. Atkinson reminded the board that they are only discussing annexation and zoning and nothing further tonight. Johnson thanked the audience for loving where they live and stated the developer has other options available and this may not be where a lot of those concerns should be addressed. The board is only talking about the R-4 zoning tonight. Hinchey stated this is essentially an R-3 neighborhood and the board should respect that character and he would suggest that the parcel be zoned R-3. MOTION (AMENDMENT) Hinchey moved and Taylor seconded to amend the main motion to R-3 zoning. DISCUSSION Johnson stated that we would be creating an island in the sky and he would be opposed to making it R-3 zoning. Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 9 of 10 Atkinson asked Jentz what the restrictions would be under R-3. Jentz said that a PUD could still be done, but that the density would be about 30% less dense. He stated that there could be approximately 26 units in an R-3 if it all was dedicated to residential. Jentz also noted that under a straight R-3 zone, the applicant could still build conventional 35 foot tall buildings blocking views. Hinchey commented that the neighborhood to the east is essentially an R-3 and we should preserve it. Taylor stated that the board cannot demand a PUD, but that it can dictate the zoning. He feels that the R-3 would be more compatible. Norton stated that he does not feel an R-4 zoning would be detrimental in this case and the board should zone it as such. Anderson agreed with Norton and Johnson. Atkinson also agreed, and stated that the board should only be concerned with the zoning. He said that the neighbors will have another chance to be heard, but he is afraid that the board is being swayed by irrelevant comments. ROLL CALL (AMENDED The amended motion failed 6-1 upon a roll call vote. MOTION ROLL CALL (MAIN MOTION) The main motion passed on a roll call vote by 6-1 with Hinchey voting against. OLD BUSINESS There was no old business. NEW BUSINESS Jentz suggested the sign ordinance be discussed in 2 weeks at the scheduled work session on September 23. ADJOURNMENT The meeting was adjourned at approximately 9:13 p.m. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, October 14, 2003. The next work session will be held on Tuesday, September 23, 2003 at 7:00 pm.