Loading...
06-10-03KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING \ JUNE 10, 2003 �J CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: George Taylor, Rick Hull, Jean Johnson, Jim Atkinson, Sue Ellyn Anderson, John Hinchey and Timothy Norton. Narda Wilson represented the Tri-City Planning Office. There were approximately 32 people in the audience. ELECTION OF NEW The floor was opened for nominations for President. Johnson OFFICERS nominated Taylor, seconded by Hinchey. There were no further nominations. Taylor was elected unanimously. The floor was opened for nominations for Vice President. Johnson nominated Norton, seconded by Atkinson. There were no further nominations. Norton was elected unanimously. APPROVAL OF MINUTES Johnson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of May 13, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. EMPIRE ESTATES INITIAL A request by Wayne Turner for an initial zoning designation ZONING UPON of R-4, Two Family Residential, on approximately 80 acres ANNEXATION located on the northeast corner of Stillwater Road and Three Mile Drive upon annexation to the City of Kalispell. EMPIRE ESTATES A request by Wayne Turner for preliminary plat approval of a SUBDIVISION 347-lot residential subdivision on approximately 67 acres. A PRELIMINARY PLAT request for annexation and initial zoning of R-4 has been filed concurrently. The plat indicates 87 duplex townhouse lots totaling 174 sublots and 173 lots intended for single family development. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-11 AND KPP-03-6 presentation of staff report KA-03-11, a request for initial zoning upon annexation of approximately 80acres located at the northeast corner of Stillwater Road and Three Mile Drive. Wilson also gave a presentation of staff report KPP-03-6, a request for preliminary plat approval of a 347-lot residential subdivision that was filed concurrently with the annexation and initial zoning request. Wilson noted property is on the northeast corner of Three Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 1 of 23 Mile Drive and Stillwater Road and that the recently annexed Blue Heron subdivision is immediately to the west. The property is currently zoned County R-2, a Suburban Residential zoning district with a minimum lot size requirement of 20,000 square feet or approximately one half acre. The applicants are proposing City R-4, a Two Family Residential zoning district which allows single family and duplex residences and has a 6,000 square foot minimum lot size requirement. The Kalispell Growth Policy was adopted by the Kalispell City Council in February 2003 and anticipates this area to develop in an urban residential manner,. The growth policy Urban Residential designation anticipates 3 to 12 dwelling units per acre, primarily in a development pattern of single family, duplexes and low density multifamily residences. Wilson stated that the developer will extend City services to the subdivision. Sewer will be extended to the site and the developer is proposing to in a private water system. All services will be extended at developer's expense and built to City standards. Wilson stated that the proposed R-4 zoning complies with the Kalispell Growth Policy and adequate services can be provided. Wilson stated that similar urban residential development has taken place in the area and there is R-3 zoning to the east. Another similar subdivision that will fill in the empty southeast corner of about 10 acres. She said that the development pattern is primarily urban residential, with single family as the primary housing types. Few duplex housing options are available in the area, but they are very popular in the market for first time homebuyers and empty nesters and are very important option in today's housing local market. Wilson stated that staff feels that this is the most appropriate zoning for this property and recommends that the planning board recommend to the city council that the zoning should be R-4, Two Family Residential upon annexation. Wilson reviewed the proposed preliminary plat noting that the Kalispell Bypass bisects the northeast corner of the property and contains approximately 13 acres of the 80 acre site. It is labels as "not a part of and is a remainder parcel. The other 67 acres is devoted to the subdivision with 87 duplex townhouse lots around the perimeter of the property with each sublot being conveyed separately for a total of 174 sublot. There will be 173 single family lots in the interior of the site. The subdivision will be developed in several phases over Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 2 of 23 U time. Since the Kalispell Fire Department would be providing service, fire flows would have to comply with the Uniform Fire Code. The developer is considering the feasibility of a private water system using a well on the northern part of the property. She said that sewer has been extended come from Sunset Court down Riding Road and eventually to Three Mile Drive. From there it will be extended to serve this development. She said that the source of the water remains to be seen and that it would need to comply with City standards and have adequate fire flows throughout the subdivision. Wilson noted there will be three access with a primary access . will be onto Three Mile Drive with two other accesses onto Stillwater Road. One of the accesses on Stillwater Road will align with Blue Heron's access to the west. She said that a secondary fire access may be required in the interim and could be to a gravel standard but it must comply with the Uniform Fire Code. Wilson stated that there could be significant impacts to Three Mile Drive and Stillwater Road. The right of way on Three Mile Drive is 100 feet and no additional right-of-way for future expansion would anticipated to be needed. With the City streets maintained by Kalispell, Stillwater by the County and Three Mile Drive by the State, there are multiple jurisdictions with regard to the roadways. The access indicated through the Bypass could be a problem and Wilson stated she is fairly certain that the State would not allow access across it. She said that the property to the east could be considered an unusable remnant which the State could purchase, or a neighboring property owner to the north could purchase it or the developer could retain for future development. Wilson stated that the applicant could retain the property until the property to the north is developed and the City would guarantee access to the property at that time. She said the property could be sold to the property owner to the north by the State when they get ready to develop it. Wilson noted that staff has asked for an additional condition to consolidate and replace two other conditions. The Montana Department of Transportation is asking that a traffic impact study be routed through Department of Transportation's Helena office which would assess impacts to all transportation systems in the immediate area and throughout multiple jurisdictions. She said that there is a specific process in place to do this and that the review would include system capacity, signal warrants and access issues for Stillwater Road, Three Mile Drive, the bypass, Meridian Road and other local routes. She said that the intent would be that one comprehensive analysis is done, which is Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 3 of 23 coordinated through DOT and addresses everyone's concerns. Wilson asked that the condition be included, which would mean that two other conditions could be deleted. Wilson stated that a letter from School District 5 was received which said that Edgerton School is full and may have to assign students to other districts. Wilson stated that there will be impacts to school districts, and that they estimate around 175 additional kids. That does not include pre-schoolers, high schoolers, home schoolers and kids in private schools. Staff feels that the impact will be more moderate than anticipated. Wilson stated another important issue is parks and open space. She said that the State subdivision regulations require 1/9 of the area in lots to be dedicated as parkland, which means that 4.5 acres in parkland or a cash equivalent, or a combination of both are required for this subdivision. She said that there are three park areas but that only one park has a recreational function, which is the 1.75 acre park near the northwest side of the subdivision. She said that the other park areas are nonfunctional remnants. She. said that the City would be willing to take over the park in the center and that it would be a good amenity for the neighborhood. Wilson stated that the entrances should be maintained by the homeowner's association as common area or open space. She stated that the environmental assessment states that the valuation of the property is $15,000 acre, which leaves the cash in lieu of parkland dedication at approximately $41,000 that would be used to develop the park in the center of the development. A bike and pedestrian trail is planned along Three Mile Drive and Stillwater Road within the 20 foot landscape buffer. She said that the trail will be a part of the common area and would need to be maintained by the homeowners through a common area maintenance agreement. However, the developer feels that the City should maintain it. Wilson stated - that there is no mechanism in place to handle maintenance of this trail. Wilson said that the site has traditionally been used for agriculture and is currently in agricultural production, but its proximity to urban services makes it prime for residential development. She stated that the property will be more effectively used for urban development and will preserve farmland further out in the County by concentrating populations close to the urban center. She said that there will be little impact on agriculture and no impact on agricultural water users. Wilson suggested that conditions 7 and 8 in the staff Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 4 of 23 could be deleted, which deals with DOT approval of the intersection at Three Mile Drive, and access onto the Bypass and County approval of the Stillwater Road access. She suggested the board replace these with the new condition requiring the approval of all accesses go through Dot's systems impact process to address cross jurisdictional entities. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Erica Wirtala with Sands Surveying and representing Wayne Turner spoke to the board and stated they have been working for some time on the design, that they have gone through site review, and it has been redesigned several times and fine tuned. She stated that they would like the Bypass portion to be included in the annexation and zoning, but that it is not a part of the preliminary plat. She stated that it has been offered to the State for sale, but that DOT has not purchased it yet. She stated that the sale may never go through and they would like to explore the possibility of future development. She stated they left some access areas to the north of the bypass into that subdivision. She stated that they are in agreement with the staff recommendations, but that she wanted to specifically talk about Conditions 10 and 13, parkland dedication. She stated that state law requires 11% of a subdivision to be dedicated to parkland and that the central park is 1.78 acres. They would like the bike path, at 1.6 acres, to be included in the parkland dedication. She said that the bike path has buffering of 20 feet, that it will be equally functional as a recreational area, and that lots of people will be using it. She stated that counting the bike path will bring the parkland dedication total to 3.348 acres. She stated that if they don't meet 11% in actual parkland, a cash in lieu of parkland payment of $25,000 is required. She asked that the dedicated 20 foot buffer strip should be taken into consideration of Condition 13. Wirtala asked if the developer was supposed to finance the traffic study. Wilson answered yes. Wirtala said that the Kalispell Growth Policy's urban residential designation fits this project with 5.17 homes per acre, and that the vision of the planning board and city council envisioned up to 12 dwellings per acre. PUBLIC COMMENT Powell Clinton, who lives directly across from the subdivision entrance, stated that he is not against development, but he disagrees in that it does not represent the area out there. He said that there are no small lots in the area. He stated that the traffic is his main concern, that Three Mile Drive is very busy, and that traffic can occasionally back up to the junior high from Meridian Road. He stated that adding another 340 Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 5 of 23 homes would mean more than 3500 car trips a day because it is closer to town and people would make more trips. He suggests that infrastructure be in place to support traffic by widening Three Mile Drive and that Stillwater Road will also be a problem. Chuck Curry stated that he is not opposed to development, but that he wants orderly progression. He stated that he feels that the R-4 designation would make the density too high. He said it is not appropriate for the area, and that the only development that is R-4 is a small area and perhaps across Three Mile. He said that everything else in the area are larger lots. Mr. Curry encouraged the Board to look more at an R-2 designation than an R-4. Greg Stevens, 31 Lower Valley Road, stated that he is on the Flathead County Planning Board and that this is the second subdivision in about 10 years that has the possibility of providing affordable home ownership for median wage earners in the County. He stated that the Flathead County Board continuously struggles to find ways to support affordable housing and that there are hundreds of families that are looking for affordable housing, which fits within their budgets. He stated that this subdivision-. fits the Kalispell Growth Policy and that this is a neighborhood in transition. He feels that this subdivision application is the most important one he has seen in the residential sense. He stated that no one wants more traffic, but infrastructure will not precede development and the project is needed for affordable homeownership. He would like to see competition for Mr. Turner in the form of another subdivision and he feels that the cost of housing is tied to the cost of land and that subdivisions take a long time to get through the pipeline and that supply should be more than demand to try to keep the price down. Cindy Reby, Three Mile Drive stated that the neighborhood has changed, and just getting out of the driveway is difficult. She feels that 347 lots should not be built without knowing the impact on traffic in the area. She also asked where are the students going to go? She questioned the 175 students number and stated that duplexes typically house young families with young children, and not retired folks. No one else wished to speak and the public hearing was closed. MOTION Johnson moved and Anderson seconded to adopt staff report KA-03-11 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 80 acres upon annexation to the City. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 6 of 23 BOARD DISCUSSION Norton asked Wilson about sidewalks. Wilson answered that everything will be built to city standards which includes sidewalks, 28 foot wide roads, curbs, gutters and lighting. Atkinson asked if there was enough right of way to upgrade Three Mile Drive. Wilson answered that it should be. With regard to the Kalispell Bypass she thought it was a three lane design. The State is responsible for mitigation of noise and impacts and that a pedestrian access is believed to be part of the Bypass design. Hinchey asked about the minor zoning problems on the plat. Wilson said that they will be corrected by Condition 16 and that it was probably just an oversight and that it just a minor shifting of property boundaries. Norton asked about the Bypass being included in the zoning. Wilson answered that it was. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Johnson moved and Anderson seconded to adopt staff report #KPP-03-6 as findings of fact and approve the. Empire Estates Subdivision Preliminary Plat subject to the 18 conditions. MOTION (AMENDMENT) Atkinson moved and Johnson seconded to delete Conditions 7 and 8 and add a new Condition 18. BOARD DISCUSSION Atkinson asked if they would be setting a precedent if they agreed to count the bike and pedestrian path as parkland. Wilson answered that the bike path is considered a health and safety issue under access and that the subdivision regulations require a park area in and of itself. She stated that if we take a safety feature and allow it to serve as parkland dedication it would be setting a precedent. She stated it should be brought to council's attention if it has merit. Atkinson was hesitant about setting a precedent by using buffer zones as parkland with a bike trial and recommended that the board not consider the request. Wilson mentioned that the Glacier Meadows buffer area was not considered part of parkland, nor was Blue Heron, nor West View. Taylor asked about Three Mile Drive being a State responsibility, and asked if the State decided to widen the road, would the buffer being parkland further complicate the issue? Wilson answered the buffer is not a part of right of Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 7 of 23 �1 way and it is part of the subdivision. She stated the improvements would be done within the right of way and impacts and mitigation would be identified. The traffic analysis would identify improvements and the jurisdiction would decide how to fix it, whether it will be signaling, turn lanes, etc. Staff does not really know what they will do or what the improvements should be. We need a quantifiable, comprehensive analysis done and reviewed by DOT, the County and the City. Johnson asked Wilson who owned the land where the bike path will be. Wilson answered it would be a part of the subdivision and that a maintenance agreement for common areas will be included on the final plat. The City will take over the center park, but the others don't serve a recreational function. She stated that the subdivision entrance is not really a park; it is a nice amenity, but you wouldn't put your kids out there to play. She stated that the other remnant is too small to provide a functional recreational element. Johnson stated that the park that the city would take over would then become tax exempt. He asked Wirtala if she had an amendment pertaining to her calculations. Wirtala stated that other buffer strips have not been included in parkland requirement because bike paths were not required in other developments and that they were just landscape buffers, which are not parkland. She stated that Condition 10 could stand as is and they would like a reduction in parkland requirements if they were to do that. Norton commented that he agrees with Atkinson that the bike and pedestrian trail is a cost of the development, and agrees that it would set a precedent if we were to use the bike path for parkland. He stated that the maintenance agreement for the bike path would be up to the homeowners and asked Wilson about cash in lieu of parkland at $15,000 per acre, and wondered where that number came from. Wilson stated that was in the environmental assessment and is the fair market value for a willing buyer and a willing seller. She stated that the value is taken from undeveloped, unimproved fair market value area of lots. Norton wanted to know what the developer was thinking for cost of the lots. The developer answered $35,00 for a single family lot, $60,000 for a full duplex lot. Norton also stated that he concurs with Greg Stevens, in that the area does need affordable housing, and that it is very limited and he analyzes it on a daily basis. He stated that this is a transition area and that no one likes this high of a Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 8 of 23 density development, but there is a need for it. This development fits the growth policy and is in line with what we are doing. He stated that the some of the traffic will be handled when Meridian is reconstructed next year, and that the infrastructure will arrive later when money and need arises. ROLL CALL (AMENDMENT) The amended motion passed unanimously on a roll call vote. ROLL CALL (MAIN MOTION) The main motion as amended passed unanimously on a roll call vote. SCOTT INITIAL ZONING A request by Jerry and LaVerne Scott for an initial zoning UPON ANNEXATION designation of B-2, General Business, on approximately one acre located west of Meridian Road between Meridian Court and Second Street West upon annexation to the City of Kalispell. Johnson excused himself from the next three items on the agenda as his firm is providing technical assistance to the applicants. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KA-03-5 presentation of staff report KA-03-5, a request for initial zoning upon annexation of approximately one acre located west of Meridian Road between Meridian Court and Second Street West. Wilson said that the applicants are proposing annexation of an approximately one acre site into the city, and requesting an initial zoning of B-2, General Business. Currently the property is in the County jurisdiction and is zoned R-1, a Residential designation with a one acre minimum lot size requirement. She noted that they have filed a minor subdivision plat with the zoning request and that the applicants are planning to join with the Kirk property to the south to create the extension of Meridian Court. Wilson stated that the initial zoning is the only thing coming before the Board tonight and the minor preliminary plat request will go to the City Council. A copy of the proposed plat was included with the staff report. Wilson stated that the applicants are asking for annexation of one acre, and that their house lies to the east along Meridian, which is the parcel to the east. She stated that they are two separate lots and the house lies out in the County and is not proposed for annexation. Wilson noted that the immediate area is a mix of uses, with Lee's Meridian Business Park to the north, which was annexed two years ago. There is a four way stop at Center and Meridian Road. She said that the plat anticipates the extension of Meridian Court, and that an easement on Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 9 of 23 C7) U Meridian Court was held for a future right of way. She said that this is a continuation of the same type of development as is in the business park. She said that there is County R-1 zoning to the south which is also proposed for annexation, that the property to the east is County R-5 (Duplex) zoning, and to the west is the railroad tracks. She said that this is a transition area, with the railroad and Stillwater Forest Products immediately to the east and Lee's Meridian Business Park to the north. Wilson stated that it would involve the extension of water, sewer and roads to the area at the time it is actually built. She said that the Kalispell Growth Policy designates this area as Mixed Use, and this could be considered to be in general compliance with the growth policy by expanding adjacent and existing commercial areas and not creating new commercial areas. Wilson stated that the railroad's proximity to the site does not make it well suited for housing opportunities and that the property is better suited for other zoning. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Jerry Scott, applicant. Mr. Scott has lived in the house for 27 years and that the property has been used as horse pasture. He stated that the area has changed into a transitional area and he would like B-2 zoning. PUBLIC COMMENT Kurt Hafferman, who is building on a lot on Second Street West. Mr. Hafferman stated that he disagrees with the staff report and believes that B-2 zoning is incompatible with the neighborhood, and that it should stay as R-1. He reiterated that as young residents look for affordable lots within the city, he believes it is more compatible with residential zoning. He is mostly concerned with the next applicants asking for access through a residential area to the lot. Jerry Scott spoke again and stated that he is not requesting access from Second Street and they are going to use Meridian Road. Ed Engel, Stokes 8s Associates. He stated that his company is working on both the Scott and Kirk properties, and that the requirement for the extension of the road through Lot 13 has to do with the Kirk project. He said that this project does not need the access and the discussion is more appropriate for the next agenda item. No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Atkinson seconded to adopt staff report KA-03-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 10 of 23 zoning for this property should be B-2, General Business, on approximately 1 acre upon annexation to the City. BOARD DISCUSSION Norton asked Wilson about the proposed split of lot 10 so that Meridian Court will be extended to access the lot. Will that be the minor subdivision that will go to Council? Wilson answered that minor subdivisions do not come before the planning board, but they were showing them what it would look like. Wilson stated the Board did receive an email note from their office from Russ Heaton who stated that he has no opposition to the proposal, and that he owns a lot in Meridian Court. ROLL CALL The motion passed on a roll call vote with Hinchey voting against and Johnson being excused. KIRK INITIAL ZONING A request by G.R. Kirk for an initial zoning designation of B- UPON ANNEXATION 2, General Business, on approximately 3.6 acres located west of Meridian Road between Meridian Court and Second Street West upon annexation to the City of Kalispell. KIRK SUBDIVISION A request by G.R. Kirk for preliminary plat approval of a six PRELIMINARY PLAT lot commercial subdivision on approximately 3.6 acres. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-12 AND KPP-03-7 presentation of staff report KA-03-12, a request for initial zoning upon annexation of approximately 3.6 acres located west of Meridian Road between Meridian Court and Second Street West. Wilson also gave a presentation of staff report KPP-03-7, a request for preliminary plat approval of a six -lot commercial subdivision that was filed concurrently with the annexation and initial zoning request. Wilson stated that this is the property to the south of the Scott's request and that it is 3.6 acres. She said that the Kirks and Scotts have coordinated development of their properties so that it provides an extension of Meridian Court. She said that the applicants are proposing that the City annex 3.6 acres with an initial zoning of B-2, General Business. She said that the property is currently zoned County R-2, Suburban Residential. The proposal is an extension of the existing commercial zoning to the north, which is zoned I-2 in the County to the west (Stillwater Forest Products). She stated that even further to the east we may see office uses which transition to residential uses. She said that the Growth Policy designates this area as mixed use, B-2, and that it provides opportunities for a mix of uses including multifamily and that staff recommends B-2 upon annexation. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 11 of 23 i� Wilson stated that there is a concurrent application for preliminary plat approval of a six lot commercial subdivision. This shows an extension of the Meridian Court roadway, down through a lot owned by the Kirks, which was purchased specifically for access. She said that if it weren't for lot 13, this property would be essentially landlocked and the roadway extension will provide a grid street system in the area and access to the lots. She said that this is a six lot commercial subdivision proposed for B-2 zoning, and that it will connect with Meridian Court and Second Street West. She stated that the lot which connects Second Street West and Meridian Court is approximately 50 by 142 feet, a standard city lot and that the new internal roadway will be extended and otherwise constructed to city standards, which will necessitate a variance from 60 feet of right of way to 50 feet of right of way for the 142 feet at the southern end of the roadway extension. She said that once the road is completed, it will be turned over to the city. She said that there is a mix of uses, including nonconforming, in the immediate area and there is a single family residence going up next door. Wilson stated that Wally Getz has the property at the north and south corners, and it is slowly being phased out. Mr. Getz is liquidating his assets and the corner has been cleaned up a bit. Wilson stated that the area is mixed uses and the B-2 zoning is not inconsistent. Wilson stated that water and sewer will be extended from Meridian Court to the southern terminus of the roadway. She stated that Lot 13 was specifically acquired to provide access to the site, there no impacts on agriculture, and the property does comply with B-2 zoning, but not the subdivision regulations, which has a minimum right of way requirement of 142 feet at the southern end of the property and will require a variance. Wilson stated that granting a variance would not be detrimental to the public heath, safety or general welfare, or injurious to adjoining properties. She said that the necessary improvements will be in place, but the roadway may need to be narrowed or a sidewalk placed on one side. She also said that parking would not be allowed on both sides of the street. Wilson said that an alternative would be a cul-de-sac, but that it would exceed cul-de-sac length limits which would require another variance. She stated that the lot is only 50 feet wide. She said there would be no substantial increase in public cost and the development does not vary any zoning standards or any standards in the growth policy. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES I No one spoke. I Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 12 of 23 0 PUBLIC COMMENT Kurt Hafferman, who is building a house adjacent to this property, stated that it is hard to find single family residential lots, and why are they entertaining opportunities to change zoning? He stated that he understands that people want to change their property, but he is primarily concerned with the secondary access through lot 13. He feels it would change the character of the existing neighborhood, create traffic in a residential neighborhood, and create a traffic hazard in the immediate neighborhood of a school. He feels that the only access should be at Meridian and Center. Hafferman stated that the access should follow and conform to the alley running behind his house, on the west side of the Meridian neighborhood. He stated that the Board can grant the variance for the longer court length, and that that is the most appropriate action. He would like the Board to deny the road access because if it goes through, his property now becomes a nonconforming corner lot and the value of his lot will be significantly affected. He stated that he would like the road placed as fax to the east as possible on his property and a landscape screen added. He feels that R-4 is more consistent with the growth policy and that wetlands needs to be considered. He said that significant wildlife lives to the west and there is a storm water discharge problem. (Mr. Hafferman's letter is attached.) Jeff Hartsog said he is concerned about the Lot 13 road. Mr. Hartsog said that they get enough traffic from Meridian Road and Second Street. He would like the board to take a look at the area before they make it commercial. Nancy Kostman, 1326 Second Street West, who works at Montana Forest Products. Ms. Kostman agrees with Kurt Hafferman and is not opposed to development, but she feels that the variance to extend the cul-de-sac would be the best option. She said that the alley runs east and west, and that they should develop Lot 13 as a residential lot and use the east -west alley as an emergency exit.. No one else wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 13 of 23 MOTION Atkinson moved and Anderson seconded to adopt staff report KA-03-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, on approximately 3.6 acres upon annexation to the City. MOTION (AMENDMENT) Hull moved and Norton seconded that the property be zoned B-1. BOARD DISCUSSION Atkinson asked how wide the road is coming off of Meridian and going into Meridian Court. Wilson answered that she believes it is 32 feet and that the road would be designed with public works approval. Norton asked Wilson why the vicinity map is shaded on Lot 13 and if they were changing the zoning from R-4 to B-2. Wilson stated that Lot 13 is already in the City, and it is a mistake on the annexation map. Norton also asked Wilson why the staff is recommending B-2 zoning instead of B-1 zoning. Wilson replied that B-1 zoning now provides residential uses and perhaps it would be appropriate to consider now and that it would be an option. She stated that based on prior conversations and expectations of the developer, the board should still consider B-2 zoning, even though the B-1 is now appropriate. Hull stated that he feels B-1 would be friendlier to the neighborhood and would probably not create as much traffic. Norton agreed with Hull, and feels this is a prime case where we need to use a buffer. The board should apply B-1 zoning in this case. ROLL CALL (AMENDMENT) The amended motion carried by a vote of 5-1, with Atkinson voting against. MOTION Atkinson moved and Anderson seconded to adopt staff report #KPP-03-7 as findings of fact and approve the Kirk Subdivision Preliminary Plat subject to the 8 conditions. BOARD DISCUSSION Wilson mentioned that two letters were received regarding this subdivision. Wilson stated that landscape screening is a requirement, and that an amendment to the conditions should be made. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 14 of 23 Atkinson clarified that the road through Lot 13 should be denied and that grid access is preferable. He does not feel that the traffic would be as effected by this road and that it is important for fire safety. He recommended denial of the amendment. Hull stated that he feels the road is in the wrong place and that it should not come out beside the neighbors. Horton agreed with Atkinson on some points and Hull on others. He feels that a compromise can be reached and that the road can be shifted more towards the east boundary line, toward the houses. He feels there would be minimal impact to Lot 14. Taylor asked why the road was placed there in the first place. Wilson stated that a condition should be placed on the plat that the developer coordinate with public works that the road is shifted as far east as practicable to reduce impacts to the residence to the west. She said that there is no alternate location, and that all properties on Second Street West are owned by another party. She said that an alternative would be to grant a variance to the length of the cul-de-sac with another access in the alley, but that would not be a staff recommendation. MOTION (AMENDMENT) Hull moved and Norton seconded that the road through Lot 13 be denied. ROLL CALL The amended motion to deny the road through Lot 13 failed on a 2-4 vote. MOTION (AMENDMENT) Norton moved and Atkinson seconded to make the last 142 feet of the roadway be coordinated with the public works department and the developer to create the least impact to Lot 14 by pushing it to the east. ROLL CALL (AMENDMENT) The motion carried on a roll call vote with Hull voting against. MOTION (AMENDMENT) Atkinson moved and Anderson seconded adding a Condition 10 that screening be placed on the southern boundary of the subdivision to screen the businesses from the residential area. BOARD DISCUSSION Norton asked if the developer would be responsible for the screening. Wilson stated that he is and that options are available and that they could use landscaping or fencing, and that standards for landscaping are that they are at least three feet tall when planted and at least six feet tall in three years. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 15 of 23 ROLL CALL (AMENDMENT) The motion passed unanimously on a roll call vote. MOTION (AMENDMENT) Hull moved and Norton seconded granting the variance for the last 142 feet of roadway. ROLL CALL (AMENDMENT) The motion passed on a roll call vote by a vote of 4-2. MAIN MOTION The main motion passed unanimously on a roll call vote. RICE CONDITIONAL USE A request by William C. Rice, for Ron and Merna Terry, for a PERMIT REQUEST conditional use permit to construct two tri-plex units on one acre in an RA-1 zoning district located on the west side of Fifth Avenue East, north of the Birchwood Apartments. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KCU-03-1 presentation of staff report KCU-03-1, a request for a conditional use permit to construct two tri-plex units on one acre in an RA-1 zoning district. Wilson stated that the properties proposed for the duplexes are farthest to the east, and that the west half is proposed for B-2 zoning, combined with existing B-2. property to the north. Wilson said that the triplexes are proposed on the east half of the property on 5th Avenue East and has approximately 19,000 square feet, currently just over 1 acre. She said that the parcel would be created by a boundary line adjustment, and is proposed for two triplex units. It is currently zoned RA-1, which lists multi -family dwellings as conditionally permitted use. Wilson said that the existing single family residence would be removed for the tri-plexes. The tri-plexes would be approximately 35 feet wide and 60 feet long, with the building being two stories, and placed face to face. The elevation would be 28 feet in height. She stated the RA-1 zoning allows a density of one dwelling per 3000 square feet, with a minimum lot size of 6000 square feet for the first duplex, and 3000 square feet for each additional dwelling beyond a duplex, so these would have a total of 18,000 square feet. She said they are within the density limits. Wilson stated that the surrounding zoning is single family to the north zoned R-1, east is also R-1, south are Birchwood Apartments, also R-1, west is vacant and Outlaw Inn and zoned B-2. She said that the Growth Policy recognizes the area as high density residential, perhaps with some limited office uses. The tri-plexes comply with the Growth Policy designation by adding additional housing options within the community. Wilson also said that the CUP looks at adequate usable space, and that it does comply with density Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 16 of 23 requirements. Access would be off of Fifth Avenue East near the northern boundary of the site, and a new driveway, 20 foot wide access road and a five foot buffer would be built. There are no sidewalks in the area. The Council and Board have been inconsistent with requiring sidewalks in areas, so that rather than struggling with the question, an option is to place a condition on the permit that would require a waiver of protest to create a special improvement district on Fifth Avenue East. Wilson stated that the environmental constraints would be minimal although the area is prone to flooding, with inadequate storm drains, hydric soils, and shallow ground water. This property is not indicated as having hydric soils, or being in the flood plain, but it has generally been prone to flooding. Wilson said that on the site design, 15 parking spots are required for the project, with 2.5 per unit, and .5 overflow on the street. She said that traffic circulation is good with adequate back up space and good streets. There are no specific open space requirements and the setbacks will restrict what can go there. She said that the site plan indicated landscaping and walkways in the area. Wilson said that the property owner to the north has concerns about impacts with this development and has requested that fencing be provided. She asked the board to consider deciding to place a condition requiring fencing on the north side of the property. She stated that there are some parks within the area, Dry Bridge to the East and Thompson to the East, so the impacts to parks should be minimal. Fire protection would be met through hydrants, construction standards and access. She said that this is a straightforward project with water and sewer right there, and the extension depends on what is already there. It looks as though no new infrastructure would be required. She said that we can assume that 60 additional vehicle trips would be generated on Third, and they would like to coordinate with Eagle Transit for a drop off area in the development. Wilson stated that neighborhood impacts are anticipated to be typical of what others would generate. There are 2-3 dwellings on one parcel to the east. This is a small apartment complex and there may be impacts related to lighting but that will be addressed during the building permit process. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Bill Rice, 155 East Nicholas. Mr. Rice stated that he is never in favor of sidewalks to nowhere. He will not be opposed to a condition to waive protest of an SID. He stated he would also Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 17 of 23 be willing to put up a fence on the northern boundary. PUBLIC COMMENT Wendy Wayman, Fifth Avenue East. She sent a letter to board members. Ms. Wayman wants the development to be done that best fits the neighborhood. She feels the site plan is flawed and development is too dense as it is. She stated that she wants all parking to be on the south side in the development itself (Birchwood Apartments side). She said that all parking should be contained on the property, and that Fifth is too busy and has no sidewalks or curbs. She said there is very little usable open space for these apartments and that the rear elevations facing the street should not be allowed. She would like to reduce the density by one or two dwellings. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Anderson seconded to adopt staff report KCU-03-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to William C. Rice to allow the construction of two tri-plexes on approximately one acre of property in the RA-1 zoning district. BOARD DISCUSSION Taylor asked about the site plan, and whether the two tri- plexes are back to back or front to front. Wilson answered that the rear elevation would be seen from the street and that the contractor is the same one who built the Birchwood Apartments. MOTION (AMENDMENT) Hull moved and Atkinson seconded an amendment to add two conditions, one calling for a fence on the north side of the property and one adding a waiver of protest for an SID on Fifth Avenue East. ROLL CALL (AMENDMENT) The amended motion passed unanimously on a roll call vote. DISCUSSION There was no further discussion. ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote. RICE ZONE CHANGE A request by William C. Rice, for Ron and Merna Terry, to REQUEST change the zoning designation from RA-1, Low Density Residential Apartment to B-2, General Business on one-half acre located between Third Avenue East and Fifth Avenue East. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a KZC-03-1 AND KCU-03-2 presentation of staff report KZC-03-1, a request to change the zoning designation from RA-1, Low Density Residential Apartment to B-2, General Business, and KCU-03-2, a Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 18 of 23 �l request for a conditional use permit to construct a mini - storage facility in a B-2, General Business, zoning district on a one and one-half acre of property located between Third Avenue East and Fifth Avenue East. Wilson said that the applicant wants to rezone the east 1/2 acre of this property where the tri plexes will be and combine it with the existing 1 acre zoned B-2 to the north, and create 1 1/2 acres of B-2 zoning acres for a mini storage facility. The applicant would do a boundary line adjustment so that there are 1.6 acres combined. Wilson said that the land uses to the north are undeveloped, single family, to the east are residential RA-1, to the south are the Birchwood Apartments, and to the west is vacant property and the Outlaw Inn. This is a transition area between intensive commercial uses and residential properties to the east. Wilson said that the property owners within 150 feet were notified about two weeks before the meeting, with one property owner sending a letter with some concerns. Wilson stated that the Growth Policy anticipates that this area will be high density residential, which is a guideline and is not the sole consideration for land use. She stated that the high density residential designation can also accommodate some limited commercial uses. This zone change would be in substantial compliance with the anticipated development in the area. Wilson stated that there is one access to the site, which will be a private road easement off Third Avenue East, which is designated as a collector street. Third Avenue may warrant additional upgrades as development takes place, but it is adequate for now. Staff believes the zone change gives reasonable consideration to the character of the area and is in substantial compliance with the Growth Policy. Wilson also spoke on the CUP request on the entire 1.6 acres for mini storage units. She said that access would be via a private road easement from Third Avenue East to the mini storage facility. The road would be required to be paved and meet fire code requirements for the Kalispell Fire Department. Wilson mentioned that this site is not designated as having hydric soil or being in the flood plain, but it is prone to flooding. Wilson stated that because there is no on -site manager, there are no off street parking requirements, but there are specific standards for roads. The driving lane must be at least 30 feet wide when storage units face each other, and 26 feet wide if there is only one unit. Wilson said that there are no open space requirements, but there are screening requirements between residential properties and mini storage units. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 19 of 23 Wilson said that on the new site plan, the mini storage backs directly up to the neighbor's property boundary. She said that the neighbors did not want a road between the fence and the storage units. She said that units would be ranged around the perimeter of the site, with two rows of units near the center of the site, in order to keep impacts to the neighbors minimal. There will only be a need for water and electricity and would not need sewer. There would only be moderate impacts to traffic, the whole site would be screened, and an off -site manager would be located in the Birchwood Apartments. Wilson said that the properties to the west on Third have been historically used commercially, and to the east have been used as residential. She said that there will be moderate impacts compared to some other commercial uses, with insignificant impacts on commercial properties in the area. The residential impacts are generally unknown, but the area had been designated as commercial even under the Master Plan. Wilson said that there are 10 conditions listed in the staff report, and offered the revised site plan which replaces the plan submitted with the application. She said that some of the conditions are right out of the zoning ordinance. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Bill Rice, 155 East Nicholas. Mr. Rice stated that some of the allowable uses in the B-2 zoning would have high impacts on the neighbors. He feels that this project is a good buffer between commercial and residential, and the plan is to phase it in as the market warrants. He stated he has no plans for RV or boat storage, and he redid the layout to provide more of a screen buffer for the neighbors. He said that lighting is a concern, and he may not add a lot of lighting due to after hours use and crime. He said that the center units will be gabled, and the outside units will have a shed roof. Mr. Rice stated that one neighbor did not want green metal slats in the chain link fence. He said that he will leave the security lighting in if necessary, and he will have a security gate with an electronic code. Hull asked if it was primarily designed to serve the apartments nearby. Rice answered it would serve the apartments and the whole south end of Kalispell. PUBLIC COMMENT Wendy Wayman, who spoke of her concerns with changes to the neighborhood. She asked for additional conditions of approval, including no driving lane between the eastern units and the fence. She would like it to be entirety landscaped, Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 20 of 23 with the mature tree on the site remaining. She would like to see screening provided by fencing and landscaping, with no slats in the fence, and would like the units to have a residential appearance rather than a commercial appearance. She asked how much fill will be necessary behind the property line? Ms. Wayman had a statement that she wanted entered into the record. Stan Boyer, who has lived in the area for 50 years. He said that at one time the property was a lake, so the area will have to be built up considerably, and that ground water sits after a heavy rain. He stated that since the back side of the units face residences, they will need to have compatible siding. No one else wished to speak and the public hearing was closed. Taylor read the neighbors' petition into the record. It states as follows: "We, whose signatures appear on the attached pages, are opposed to the residential to commercial zone change proposed in our neighborhood. There is already an abundance of commercially and industrially zoned land in the Kalispell planning area. There is no need to create additional commercial land at the expense of an established residential neighborhood like ours." Signatures follow. MOTION Atkinson moved and Johnson seconded to adopt staff report KZC-03-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning designation be changed from RA-1, Low Density Residential Apartment, to B-2, General Business on one-half acre on property located between Third Avenue East and Fifth Avenue East. BOARD DISCUSSION Taylor asked if shrubs or screening were still planned in the area on the east side of the mini storage. Wilson answered that it is a requirement in the zoning ordinance. The shrubs would have to be three feet at planting and grow to six feet in three years. The plan indicates a five foot landscape along the perimeter. Atkinson asked if the entrance from Third Avenue will be paved, and if there will be overhead lighting. Wilson answered that everything will be paved, and that security lighting is addressed in Condition 9. Atkinson asked about Fourth Avenue East, and if there was a plan to make it go any further. Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 21 of 23 i� C"/ Wilson stated that it was a half right of way, with all of the lots created by strange exemptions. She said that it was not part of the Kalispell Subdivision to the North, that they are just driveways that go down to little lots. Taylor noted that the site plan shows everything to the west is already commercial, including Western Building and the Outlaw Inn. There are also tri-plexes in the area and that it is an area in transition. Norton wanted to note that this area is appropriate for the B- 2 zoning designation because 3/4 of this development is already in B-2 zoning. ROLL CALL The motion passed unanimously on a roll call vote. RICE CONDITIONAL USE A request by William C. Rice, for Ron and Merna Terry, for a PERMIT REQUEST conditional use permit to allow the construction of a mini - storage facility located between Third Avenue East and Fifth Avenue East. MOTION Atkinson moved and Johnson seconded to adopt staff report KCU-03-2 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 a mini - storage facility on property located between Third Avenue East and Fifth Avenue East. DISCUSSION Atkinson asked how much the land would need to be built up relative to the area. Rice answered that they don't want to be highest or lowest piece of ground, they don't want draining to the neighbors and don't want the neighbors draining to them. The old tree is about 14 feet from the fence and they would like to try to keep it. Norton asked Wilson if the area was in the flood plain. Wilson answered that it is not in the flood plain, but there is no good storm water system there. She said that once Highway 93 gets reconstructed, it should be better. The applicant may need to create a larger storm water retention area in order to get the density they want. MOTION (AMENDMENT) Norton moved and Atkinson seconded to amend Condition 2, to remove the green metal slats from the fence. ROLL CALL (AMENDMENT) The motion passed 6-1 on a roll call vote. Wilson addressed some of the neighbors concerns. She stated that perimeter landscaping would be part of the building permit sin off, and would need to be completed Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 22 of 23 prior to occupancy. She stated that the phasing is done on a time limit of 18 months, and the developer needs to be show a continuous good faith effort, otherwise the permit expires. ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote. OLD BUSINESS There was no old business. NEW BUSINESS Wilson asked for a work session for June 17 to discuss the work program. She stated that they completed a lot of the items on their work program, particularly the Growth Policy. Hull requested that sidewalks and trailers be on the work session. ADJOURNMENT The meeting was adjourned at approximately 11:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, July 8, 2003. 21 Geor e T r, Preside Judi Funk Recording Secretary APPROVED as submitted/corrected: / /03 Kalispell City Planning Board Minutes of the meeting of June 10, 2003 Page 23 of 23