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10-14-03KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 14, 2003 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:08 p.m. Board members present were: Jean Johnson, Rick Hull, Jim Atkinson, Sue Ellyn Anderson, George Taylor and John Hinchey. Timothy Norton was absent. Tom Jentz represented the Tri-City Planning Office. There were approximately 40 people in the audience. APPROVAL OF MINUTES Atkinson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of September 9, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. THREE MILE SUBDIVISION A request by Tim Birk on behalf of Thomas and Shirley Jones INITIAL ZONING UPON for an initial zoning designation of R-3, Urban Single Family ANNEXATION Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres located on the north side of Three Mile Drive one-half mile west of North Meridian Road upon annexation to the City of Kalispell. THREE MILE SUBDIVISION A request by Tim Birk for preliminary plat approval of Three PRELIMINARY PLAT Mile Subdivision, a 31 lot residential subdivision, upon APPROVAL REQUEST annexation to the City of Kalispell. STAFF REPORTS Tom Jentz, with the Tri-City Planning Office, gave a KA-03-18 AND KPP-03-12 presentation of staff report KA-03-18, a request for initial zoning upon annexation of approximately 9.1 acres located on the north side of Three Mile Drive one-half mile west of North Meridian Road, and KPP-03-12, a request for preliminary plat approval of Three Mile Subdivision. Jentz showed a site map of the proposed subdivision and stated that the applicants are asking for R-3 and RA-1 zoning. He said that Sunset Court is to the north and a city park is to the east. In addition several large single family residences which are in the county and zoned SAG-10 form the eastern boundary. Wel-Life Assisted Living is to the south across Three Mile Drive and the recently annexed Raven Rock subdivision is to the west. He stated that this development will connect to the Raven Rock subdivision, with access to North Riding road. Both projects fit very well together and there will be no access directly onto Three Mile Drive. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 1 of 12 Jentz stated that the applicants are requesting R-3 zoning on 30 lots, and that these are 7500 square feet or larger. He stated it is a good design and provides neighborhood connectivity. The applicant is also requesting 1.4 acres of RA-1 zoning along Three Mile Drive, as a buffer zone, which is in character with other subdivisions. He stated that the applicants can do nothing more than a single duplex if approved without first applying for a CUP so the city will have an opportunity to review future development plans on this site. Jentz explained that the access out to the west meets with Raven Rock and will come out on North Riding Road, and staff is not encouraging direct access onto Three Mile Drive. Staff felt that Three Mile Drive is an arterial and will continue to carry large amounts of traffic, and we need to localize the intersections onto Three Mile Drive. He stated that heavier traffic is anticipated on Three Mile Drive in the future. Jentz said that staff is recommending a cul-de-sac at this point, but that it will be reviewed at the time that the applicant submits a development plan for the multi -family RA-1 site at a latter date. Jentz also explained that the applicant needs to use a corner of the undeveloped city park for the road alignment off of Sunset Court to work. He stated that cash -in -lieu will be used for the development of this city park. Jentz mentioned that three letters were received from adjoining property owners, and that their concerns dealt with the smallness of the lots and the proposal for multi -family lots. He said that the adjoining lots are large and have been at the edge of the city for a long time; but that the city is growing and the growth policy indicates this type of development in this area. Three Mile Drive will not be a great single family lot site in the future. Jentz stated that as for public services, the subdivision works very well and that sewer will go to the north and south with a looped water system. Jentz stated that staff is recommending approval with 12 conditions. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Tim Birk, applicant, stated that he is excited about the project and that it ties in well with Raven Rock, and he has no problem with the conditions imposed. He feels that it is a good project. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 2 of 12 PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Anderson moved and Atkinson seconded to adopt staff report KA-03-18 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 7.7 acres and RA-1, Low Density Residential Apartment on approximately 1.4 acres upon annexation to the City of Kalispell. BOARD DISCUSSION Taylor asked Jentz about the park and whether it was bare ground. Jentz said it was undeveloped. Taylor asked Birk about the compatibility with the junior high school. Birk answered they will be fairly low cost homes, good for first time homebuyers and young families, and feels that the proximity to the school is a big advantage. The Board took a few minutes to read the protest letters which were received at the beginning of the meeting. (Letters are attached and are hereby made a part of the record). Taylor commented on the letters which were received and stated that while he appreciated the neighbors' comments, he feels that this subdivision does comply with the growth policy and will not be detrimental to the neighbors. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Atkinson moved and Hinchey seconded to adopt staff report KPP-03-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed preliminary plat. approval for Three Mile Subdivision be approved subject to the 18 conditions. BOARD DISCUSSION Jentz stated for the record that there is a person living on a life estate where the cul-de-sac may be located, and that there is a possibility that the road may be pulled back and negate the need for the temporary cul-de-sac. There was no further discussion. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 3 of 12 �J GELINAS DEVELOPMENT, A request by Gelinas Development, LLC, to amend the LLC ZONE CHANGE Kalispell City Zoning Map from R-3, Single Family REQUEST Residential to R-5, Residential/Professional Office on Block 203 of Kalispell Addition 3 in the City of Kalispell. STAFF REPORT Tom Jentz, with the Tri-City Planning Office, gave a KZC-03-3 presentation of staff report KZC-03-3, a request for a zone change on Block 203 of Kalispell Addition 3 in the City of Kalispell. Jentz showed a site map and stated that the area is a city block in size bounded by 7th Street to the north and 8th Street to the south. He noted Hedges school forms the south boundary and two professional offices abut the property on the east along with Woodland floral (a retail store) on the northeast corner, the remaining abutting uses are single family residences. The entire neighborhood is zoned R-3. He said Courthouse East is currently on the property. Jentz stated the applicant initially requested R-5 zoning, but that they amended their request to R-4 zoning shortly before the Planning Board meeting this evening. The single difference between R-4 and R-5 is that R-5 allows professional offices as a permitted use. The R-4 does not. Jentz said that the applicant wants to demolish the building, which is 60,000 square feet and four stories tall. He stated the applicant may want to save the one story north wing for a professional office. The applicant had initially considered building another office building on the opposite side by Hedges school with parking in the middle and duplexes on the other side, but has now changed his "concept" to possibly just using the north wing of the old hospital as a professional office because offices consume so much parking. Jentz stated the building is currently a nonconforming use. If the zoning does not change tonight, the applicant can still use the one story building as office space, but he must include on -site parking. The applicant has now decided he does not need R-5 and would like R-4 zoning (Single Family Duplex Zone), with a minimum lot size of 6000 square feet and a minimum width of 50 feet. Jentz said that the original city block is platted out in 50 foot lots and the applicant has indicated that he would like to restore the original alley which was abandoned. The applicant would like to build two - unit townhouses on the remaining lots. Jentz stated that the zoning criteria looks at what is on the property now, not what could have been there in 1911. He said the board would need to change 2 or 3 findings of fact to make the zoning R-4 tonight. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 4 of 12 PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Matt Gelinas, the applicant, stated that he is trying to resolve whether he will remove all of the building or leave the north wing up at this time. He said the existing building is a detriment now and that townhouses would enhance the community. He thought the north wing would make a nice office space, and that some of the elderly in the neighborhood would like to have a doctor's office close by. He felt that traffic would not be bad. PUBLIC COMMENT Rebecca Jones, 630 5th Avenue East, feels this can be a win - win situation, and is not opposed to the economic success of the developer. She stated she is grateful that the developer has withdrawn the R-5 request, but that the board needs time to process the R-4 request and she would encourage the board to postpone a decision tonight. She stated that the 180 day rule needs to be examined and that there are a lot of other options available than professional buildings. Patricia Johnson, 714 4th Avenue East, stated that the applicant has not been forthcoming; she is opposed to townhouses, and doesn't feel they fit with the single family residences. She feels that R-3 would be better. Mona White, 636 6th Avenue East, stated she has no problem with the chapel being a business, as long as it keeps traffic away from Hedges. She doesn't want a high density project in the area. Chuck Cummings, 1002 4th Avenue East, feels there is an opportunity to fix this site and that single family lots would be best. He said it is a desirable area and that residents do not want more traffic, offices, or businesses. He feels that there is a shortage of nice single family lots in the city. Kathy Gelinas, co -applicant, stated they changed their request to R-4 because of concerns about office space and that if they do townhomes, there would be 14 townhomes instead of 12 single family lots and it is not high density. She stated the design looks like an old home on the east side, which is their goal. Becky Jaygood, 745 4th Avenue East, stated there was a child hit earlier this year on the street and there is major concern with the traffic on 4th Street and Hedges. Joanne Neiman, 735 4th Avenue East, stated they are trying to get 3rd 8v 4th changed from one way so that traffic will slow down and that duplexes will increase the density and would like it to be R-3 zoning. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 5 of 12 O Ann Ingram, 607 Sylvan Court, stated that she is concerned with children's safety around Hedges and traffic patterns. Jean Paschke, 808 Woodland Ave, stated that she is a teacher at Hedges, and objects to the rezoning request. She said that traffic on streets is excessively busy, with two incidents already this year, and cars are parked on both sides of the street. She feels it is a potentially dangerous situation and that the zone change will increase traffic. She said that 41 staff members at Hedges agree that the zoning should be R-3. Jonathan Marinaccio stated he is opposed to the zone change and wants the area to stay quiet. Alex Schaeffer, 444 3rd Avenue East, thanked the board for rehearing this next month and the ,applicants for changing from R-5 and stated he will be speaking against any zone change next month. Susan Schappacher, 805 6th Avenue East, asked that the owner submit a PUD with a sunset clause next month. No one else wished to speak and the public hearing was closed. MOTION Johnson moved and Anderson seconded to table this matter until the next meeting in November. BOARD DISCUSSION Taylor asked Jentz to clarify where the north wing addition was. Jentz answered it was the latest wing added on, and it was the nuns' quarters when the building was a hospital. He said it is "relatively" recent construction. Taylor asked if the nonconforming use was grandfathered in, or if it is considered abandoned for 180 days, will it revert back to the initial zoning? Jentz said that the property has been on a continuous path for a long time and that it is the city Zoning Administrator's and his own opinion that it is not abandoned. Johnson asked if was fair to move on this tonight, since the applicants changed their request from R-5 to R-4 at the last minute. Atkinson asked if we could table this in the middle of the public hearing. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 6 of 12 0 Jentz suggested continuing the hearing for 30 days and that the neighbors will get notice prior to the next meeting. Taylor stated that whoever would like to speak tonight may do so, or they can wait and speak at the meeting of November 12. However, no action will be considered at this time. ROLL CALL The motion to table carried on a unanimous roll call vote. NORTHWEST A request by Northwest Healthcare Corp. for preliminary plat HEALTHCARE CORP. approval of a 5-lot commercial subdivision for the Buffalo PRELIMINARY PLAT Commons Development in the City of Kalispell. APPROVAL STAFF REPORT KPP-03-11 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KPP-03-11, a request by Northwest Healthcare Corp. for preliminary plat approval of a 5-lot commercial subdivision in Buffalo Commons in the City of Kalispell. Jentz showed a site plan for a five lot subdivision. He explained that it is not considered a minor subdivision because previous developments have totaled more than five. Jentz stated the developers are proposing to take three large existing lots and proposing to create five smaller more marketable lots, two in the commercial retail POD and 3 in the Professional Office POD. He said that it is a fully serviced subdivision. Jentz stated they are recommending approval with six conditions, but staff would recommend condition 2 to be deleted by the board. He said the condition required a storm water drainage plan be prepared but noted that such a plan had already been prepared when the subdivision received original approval a few years ago. The proposed subdivision will not affect streets, curbing or other features and is therefore unnecessary as all infrastructure was already in place. 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. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 7 of 12 MOTION Atkinson moved and Anderson seconded to adopt staff report KPP-03-11 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for this subdivision be approved subject to staff condition 1-6 and deleting condition #2. BOARD DISCUSSION There was no discussion. ROLL CALL The motion passed on a unanimous roll call vote. ACG - KALISPELL A request by ACG - Kalispell Investors LLC for preliminary INVESTORS LLC plat approval of Gateway West Subdivision Unit #2, a two lot PRELIMINARY PLAT commercial development on 1.89 acres and a retention pond APPROVAL on .62 acres on a site located on the north side of US Highway 2 West and west of Glenwood Drive at the south entrance to Gateway West Mall in the City of Kalispell. STAFF REPORT KPP-03-10 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KPP-03-10. Jentz showed a site plan and described the location. He stated this is not a minor subdivision because of the number of lots previously created on the parent lot. He said the sites will flank either side of the south entrance road to Gateway West Mall and that the site is currently being used for about 54 parking spaces and a storm water retention facility. He said the applicants are proposing re -doing their drainage retention facility which is currently located in proposed Lot 1 and that the loss of parking should not be an issue as the Gateway Mall has excess parking on site. Jentz stated that the proposed lots lie within the 100 year flood plain, with 1/2 of Lot 2 and 90% of Lot 1 being in the flood plain. He said that West Spring Creek provides local drainage for several miles of agricultural land and becomes urbanized at Highway 2 and that the culverts are probably undersized under Highway 2, which creates a backwater. He said the applicants propose to redesign the storm water drainage for the shopping center and that the future engineered drainage system would not need the existing retention pond, but instead a much smaller pond area that would serve as a safety valve. The applicants must show it would work to free up the development ability of lot 1. Jentz stated that the Subdivision Regulations say that subdivision activity shall not occur in the flood plain. The applicants need to go through the flood plain process, and get a Letter of Map Revision from FEMA. Three of the conditions deal with the flood plain. Staff feels that the site is suitable for commercial development, but the site has some issues. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 8 of 12 O PUBLIC NEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Dawn Marquardt, Marquardt Surveying, representing American Capital Group, stated that an engineer is studying the flood plain issue, and they are waiting for a Letter of Map Revision from FEMA. Peter Pappas, Architect, Denver CO, stated he was available to answer questions. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Johnson seconded to adopt staff report KPP-03-10 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for this subdivision be approved subject to the 10 conditions. BOARD DISCUSSION Hull asked Marquardt if there were any proposals to bury the creek. Marquardt answered not at this time. Jentz said burying the creek would create a liability. Atkinson asked Pappas if the storm water system was doable. Pappas answered that according to studies they have done, it is. He said they will lift the building pads to get the buildings out of the flood plain, and will reconfigure the detention pond. Hull commented that Dairygold was fined $5.2 million for polluting this stream, that this stream has been the subject of a lawsuit, and that the applicants cannot fill it. Jentz said the flood plain development permit program is sophisticated and there is a limit to what the applicants can do. He said that a designated flood way is a "no touch" area. ROLL CALL The motion passed on a 5-1 roll call vote with Hull voting against. POPPIANO A request by Foppiano Construction, Inc. for an initial zoning CONSTRUCTION, INC. designation of R-3, Single Family Residential on approx- INITIAL ZONING UPON imately 1.0 acres of land located on the east side of Denver ANNEXATION Avenue immediately east of Phoenix Street upon annexation to the City of Kalispell. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 9 of 12 0 STAFF REPORT KA-03-19 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KA-03-19, a request by Foppiano Construction, Inc. for initial zoning of R-3, Single Family Residential, on approximately 1 acre upon annexation to the City of Kalispell. Jentz showed a site plan. He stated this is a one acre parcel. There is an existing single family home in the middle of the parcel that is for sale. Ashley Meadows is the eastern boundary, and the proposed street will form the southern boundary, which is surrounded by subdivisions. He stated this will be a minor subdivision with four lots going in. He said the applicants are requesting R-3 zoning and they want to build four single family homes. It is in compliance with the growth policy. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Jim Burton, surveyor for the project, stated that R-3 fits with the developer's plan, and the lots are larger than the zone requires, and is the next possible subdivision to come in. He said they want to come into the city and hook up to services. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Atkinson seconded to adopt staff report KA-03-19 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be R-3, Single Family Residential, on approximately 1 acre upon annexation to the City of Kalispell. BOARD DISCUSSION Atkinson asked if the adjacent lot was in the county. Jentz answered that the owner of Ashley Meadows lived there and developed the subdivision around his home. Hull asked if the South Meadows Drive on the map was an easement or if it was a road. Jentz answered it is a road, but it goes over wetlands and needs a bridge. He said the right of way is there for future use. ROLL CALL The motion passed unanimously on a roll call vote. JOHNSON INITIAL ZONING A request by Larry and Arlene Johnson for an initial zoning UPON ANNEXATION designation of 1- 1, Light Industrial, on approximately .34 acres of land located generally between the Kalispell City Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 10 of 12 0 Airport and US 93 South upon annexation to the City of Kalispell. STAFF REPORT KA-03-17 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KA-03-17, a request by Larry and Arlene Johnson for an initial zoning designation of I-1, Light Industrial, on approximately .34 acres of land upon annexation to the City of Kalispell. Jentz showed a site plan of the property, which currently contains an airplane hangar. He said the city is looking at fencing the airport and is limiting access on that side of the airport. He said the building is designed to be either a warehouse or a hangar, and is located at the edge of city limits. He stated the property is fully developed and would like to hook up to city services. He stated the frontage is not viable commercial property, and city industrial zoning is to °the immediate north. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Arlene Johnson, applicant, stated that they have put in sewer and water from Big R to their hangar and are awaiting permission to hook up to it.. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Anderson seconded to adopt staff report KA-03-17 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be I-1, Light Industrial, on approximately .34 acres upon annexation to the City of Kalispell. BOARD DISCUSSION There was no discussion. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Taylor asked about the frequency of work sessions, and asked if the 4th Tuesday of the month is frequent enough to have them. There was discussion about taking a break from work sessions around the holidays. Jentz talked about next month's agenda and the number of items that would be on it, and asked if the board wanted it all on one meeting, or splitting it into two. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 11 of 12 Taylor suggested meetings on Nov. 12 and Nov. 18 and skipping the work session for November. NEW BUSINESS I There was no new business. ADJOURNMENT The meeting was adjourned at approximately 9:17 p.m. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Wednesday, November 12, 2003, with another meeting being held on Tuesday, November 18, 2003. The next work session will be held on Tuesday, October 28, 2003 at 7:00 pm. G ge ylor Judi Funk President Recording Secretary APPROVED as submitted/corrected: /03 Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 12 of 12