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02-11-03KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF MEETING FEBRUARY 11, 2003 CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Ron Van Natta, George Taylor, Jim Atkinson, Rick Hull, Timothy Norton, and Sue Ellyn Anderson. Jean Johnson was absent. Narda Wilson represented the Tri- City Planning Office. There were approximately 12 people in the audience. SEATING OF NEW Timothy Norton and Rick Hull were welcomed to the board MEMBERS ELECTION OF OFFICERS Taylor moved and Atkinson seconded the motion to elect Ron Van Natta as President of the Kalispell City Planning Board and Zoning Commission. \i The motion passed unanimously on a vote by acclamation. Mo' Ot► Atkinson moved and Anderson seconded the motion to elect George Taylor as Vice President of the Kalispell City Planning Board and Zoning Commission. \IO'CE The motion passed unanimously on a vote by acclamation. APPROVAL OF MINUTES Taylor moved and Atkinson seconded the motion to approve the minutes of the Kalispell City Planning Board and Zoning Commission special meeting of December 30, 2002 as submitted. On a vote by acclamation the motion passed unanimously. WIND RIVER A request by Wind River Development Corp for an initial zoning DEVELOPMENT CORP designation of R-2, Single Family Residential, upon annexation INITIAL ZONING on approximately 32 acres located on the east side of Willow Glen Drive, south and west of Leisure Drive. WIND RIVER A request by Wind River Development Corp for preliminary plat DEVELOPMENT CORP, approval of Leisure Heights, a 67-lot residential subdivision on LEISURE HEIGHTS approximately 32 acres in conjunction with the annexation of PRELIMINARY PLAT the property and designation of initial zoning of R-2. STAFF REPORT #KA-03-2 Narda Wilson, with the Tri-City Planning Office, gave a & KPP-03-1 presentation of staff report KA-03-2, a request for annexation and initial zoning on approximately 32.354 acres on the east side of Willow Glen Drive south of Leisure Drive concurrent with staff report KPP-03-1, a request for preliminary plat approval of a 67-lot residential subdivision. The zoning district is intended primarily for single-family homes. The subdivision would be Kalispell City Planning Board & Zoning Commission Minutes of the Meeting of February 11, 2003 - 1 - developed in three phases over a period of time up to five years. Staff reviewed the proposed phases of development and the findings of fact in the staff reports. Upon conclusion staff recommended an initial zoning designation of City R-2, upon annexation of the property. Staff also recommended the request for preliminary plat be granted subject to 15 conditions, with an additional condition requiring a ten -foot right of way be reserved on the east site of Willow Glen Drive for future right-of-way acquisition. Wilson noted a conversation with County Road Department Superintendent and the Parks and Recreation Director regarding the need for a pedestrian access along the east side of Willow Glen Drive. After further discussion it became apparent that there is a real possibility of developing bike and pedestrian trail along Willow Glen Drive that would involve a collective effort and cooperation from the County. This plan would include potential funds from the subdivision to the south, the Willows, who still have outstanding work that needs to be done for the creation buffer area between the road and Willow Glen Drive. The money for the buffer area for the Willows, along with money for the buffer from this subdivision and cash in lieu of parkland money for the area could be placed in a fund that could be eligible for a federal match. Money and right-of-way from the County may be forthcoming. This would allow the project to be funded ideally from Four Corners to Woodland Park Avenue. Staff suggested language for amending condition #5 to reflect this recommendation. Taylor asked and Wilson said the first choice would be to try and get everyone together to leverage enough money to do the project. If that didn't happen the second alternative would be the landscape buffer. Wilson clarified that staff was recommending two amendments, an additional condition for a 10-foot right of way reservation along Willow Glen Drive and a cash -in -lieu payment on the buffer between Willow Glen Drive and the subdivision to be used as part of a match for future construction of a pedestrian and bike trail Van Natta wanted it to be clear this would be at the City's discretion and in accordance with the plan. APPLICANT/AGENCIES Bob Stauffer, with Schwartz Engineering, stated they generally agreed with the staff report and appreciated the support they had been given for this subdivision. There were only two minor concerns relating to the recommended conditions. Regarding condition #5 he said the owners thought sidewalk and pedestrian access was a good idea and they didn't have any problem with the recommended changes. Regarding condition 13 he asked the wording be changed to read, "infrastructure for each phase of the project be completed prior to final plat of that Kalispell City Planning Board & Zoning Commission Minutes of the Meeting of February 11,'2003 -2- phase" so that it would be clear regarding the phasing and improvements. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. - PUBLIC COMMENT Joy Mahlum, 300 Leisure Dr., spoke in favor of the proposal stating it has been owned by her family for at least for years. She noted their family sold the property to the south where Leisure Subdivision now lies. She currently lives in the middle of the development and felt that with growing suburban locations she was aware of an increasing demand for building sites. She said the planning office viewed this change as a natural extension and thought the subdivision fit the area. She said they would work to maintain the standards of the area. Her family found this to be the right time for this and decided it was important to control it with planning. There would be gradual development that would occur in phases, plus covenants and architectural review. Their plan was to keep the character of the existing Leisure Drive area and meet the standards of the community. They were excited about the project and felt it was a good opportunity for the neighbors. Glenn Graham, 739 Greenridge Dr., said he had no qualms with the subdivision, but wanted a couple of things clarified. On Page 4 it noted a 60-foot right of way along Willow Glen Drive which was not true. He said the north end of the road had only a 40-foot easement. He was happy to see the status of Willow Glen as being a minor arterial and his only warning was if someone extended the La Salle connector additional consideration needs to be given to the impacts of Willow Glen Drive. He said he did not think the LaSalle Connector was a good idea in light of this subdivision. No one else wished to speak and the public hearing was closed. MOTION Taylor moved and Atkinson seconded the motion to adopt staff report KA-03-2 as findings of fact and forward a recommendation to the Kalispell City Council to adopt R-2, Residential, upon annexation. BOARD DISCUSSION Atkinson had concerns about not having a growth policy and Wilson said they were going from single family to single family, and this area was recognized as suburban residential in both the Master Plan and the Growth Policy and was not considered a "substantive change" as addressed in the Attorney General's Opinion. Atkinson asked if the entire 32 acres would be annexed, brought into the city and zoned at the time of initial application and Wilson said, yes it would be. Kalispell City Planning Board & Zoning Commission Minutes of the Meeting of February 11, 2003 -3- ROLL CALL The motion passed unanimously on a roll call vote. MOTION Atkinson moved and Anderson seconded the motion to adopt staff report KPP-03-1 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to 15 conditions. MOTION (AMENDMENT) Taylor moved and Atkinson seconded the motion to amend condition #5 to read, a cash -in -lieu payment equivalent to the cost of the landscaping be placed in a fund to provide a match for a pedestrian trail and landscaping along Willow Glen Drive; or at the City's discretion, that a minimum 20-foot wide landscape buffer be developed. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION Norton asked and Wilson explained the time frame for the City. She said there would be contingencies, but it could be within 2 to 3 years. Atkinson commented that it would fall in line with the phases. MOTION (AMENDMENT) Atkinson moved and Taylor seconded the motion to add condition # 16 to read, a 10-foot right of way reservation shall be designated on the plat and included in the 20-foot buffer. ROLL CALL The motion passed unanimously on a roll call vote. MOTION (AMENDMENT) Taylor moved and Atkinson seconded the motion to amend condition # 13 to read, infrastructure for each phase of the subdivision shall be completed prior to final plat of each phase. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION Atkinson asked and Wilson answered that Leisure Drive would be upgraded to city standards within the boundaries of the subdivision. Atkinson questioned lots 3D and 3F and Wilson answered that, yes, they were out of the subdivision and one property owner was in the audience. She said they were interested in connecting to City services once they became available and would be required to annex at the time of connection. Norton asked the developer if they had a deadline on each phase for completion and Stauffer said there was a time period for final plat approval of 3 years. He said they would like to proceed faster, depending on how the lots sell. Van Natta complimented them on a well laid out subdivision. He noted a concern about the bank on the road not allowing for site distance and said he hoped it would be graded. He asked Kalispell City Planning Board & Zoning Commission Minutes of the Meeting of February 11, 2003 -4- O that be suggested to the engineering department. Atkinson asked if the cul-de-sac had gone through site review and the Fire Department and Wilson said that was a design issue. When the roadways were designed it would be reviewed by the Kalispell Public Works Department for compliance with the Kalispell Design and Construction Standards and would need to comply. ROLL CALL (MAIN) The amended motion passed unanimously on a roll call vote. NIPO, LLC INITIAL A request by NIPO, LLC for an initial zoning designation of B-2, ZONING General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. STAFF REPORT #KA-03-1 Wilson said it was her understanding that was still the plan and that commitments had been made on the part of the City and the design was included as part of the MDOT project. APPLICANT/AGENCIES Jim Burton, surveyor for the project, said they were anticipating that utilities would be extended to that area and they were trying to stay ahead of the curve. There were no plans at this time for a project. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Taylor moved and Anderson seconded the motion to adopt staff report KA-03-1 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, upon annexation. BOARD DISCUSSION Wilson pointed out that it wasn't really under the board's purview whether the property should be annexed. She said their issue dealt with what the zoning should be upon annexation to the City. Norton asked if they could recommend approval of the zoning upon receiving city services. Atkinson asked what advantage or disadvantage there was to zoning it now and Wilson said when it does get annexed it would developed to City standards and would be reviewed for compliance. The provision of City utilities would allow the development of the site at a higher and more intensive use than without utilities. If the property were to be developed prior to receiving services with less quality and desirable uses, it would be difficult to try to redevelop the property at a later date. Kalispell City Planning Board & Zoning Commission Minutes of the Meeting of February 11, 2003 -5- Atkinson asked about relative taxes and Wilson said the property owner would be subject to City assessments, but not prior to annexation. Wilson stated that until the property was annexed it would stay County B-2. She advocated reasons for zoning the property now. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Wilson reviewed the status of the Growth Policy. She said the only significant change prior to formal consideration by the Kalispell City Council was the creation and clarification on the amendment process. The neighborhood plan process was broken down into two processes; one, a neighborhood plan amendment, and two, a general plan amendment. The other issue was that the 65 acres on the northeast corner of La Salle and Reserve be designated commercial. She said it was still controversial but the Council was considering the growth policy for final adoption on Tuesday, February 18th. She said the planning board did a great job and the council was grateful for the planning boards' work and of the document. Wilson added that once the plan was adopted the West View Estates subdivision would come back before the board for plat approval and zoning. NEW BUSINESS Atkinson noted his correct e-mail address should be made to the list and is icatk(@,montanasky.net Mayor Kennedy stated that from the bottom of all their hearts on the city council they appreciated the excellent document that was presented to them and the hard work. She thanked the board for their service and welcomed Tim Norton and Rick Hull to the board. Wilson suggested the planning board begin a review of a work program in April. It might be worthwhile to go through the growth policy document and put together a list of items that require work and / or amendments to existing documents. The work program would be forwarded onto the city council for their review to see if their priorities are the same. ADJOURNMENT The meeting was adjourned at 8:40 p.m. The next regular meeting of the Kalispell City Planning Board and Zoning mission will be held on March 11, 2003. rc R Van Natt P 'de f e Board Debbie llis, Recording Secre ary PPR'OVED s , mitted/corrected: —�3 /03 Kalispell City Planning Board & Zoning Commission Minutes of the Meeting of February 11, 2003 -6-