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01-15-02THE REGULAR MEETING OF THE KALISPELL PLANNING BOARD AND ZONING COMMISSION WAS HELD AT 7:00 P.M., TUESDAY, JANUARY 15, 2002 IN THE COUNCIL CHAMBERS AT CITY HALL, KALISPELL, MONTANA. MEMBERS PRESENT WERE RON VAN NATTA, MARK4ZECHEL, JIM ATKINSON, BONNIE SPOONER, BILL RICE AND SUE ELLYN ANDERSON. Narda Wilson of the Tri-City Planning Office called the meeting to order at 7:00 PM. SEATING OF NEW MEMBERS Jim Atkinson, Bonnie Spooner, March Brechel, Bill Rice, Ron Van Natta and Sue Ellyn Anderson were welcomed to the board. ELECTION OF OFFICERS Atkinson made a motion to nominate Ron Van Natta as president. Rice seconded the motion. On a vote of acclamation the motion passed unanimously. Spooner made a motion to nominate Bill Rice as vice president. Atkinson seconded the motion. On a vote of acclamation the motion passed unanimously. ADOPTION OF RULES OF PROCEDURES FOR THE CITY PLANNING BOARD Rice moved to adopt the rules of procedures governing the Kalispell City Planning Board and Zoning Commission as presented. Anderson seconded the motion. On a vote of acclamation the motion passed unanimously. PUBLIC HEARING ITEMS Steven Maw Conditional Use Permit - Four Plex on California Street Anderson excused herself from the Board due to conflict of interest. Narda Wilson of the Tri-City Planning Office presented staff report KCU-01=8 saying this was a request for a conditional use permit by Steven Maw to allow the construction of a four-plex apartment unit on property located at the east end of California Street and the north end of Eight Ave. E.N. that contains approximately 12,197 square feet and is zoned RA-1, Low Density Residential Apartment. Multi- family dwellings are listed as a conditionally permitted use. Wilson noted that there was an additional condition she would like the board to consider regarding the access onto California Street. As proposed no specific acces s was defined, and she felt there should be some delineation, whether it was with landscaping or a rolled curb. She recommended to define a 24-foot wide Kalispell City Planning Board Minutes January 15, 2002 Page 1 ingress/egress rather than having it the entire length of the property, which was approximately 50 to 70 feet wide. Wilson said staff was recommending approval of the conditional use permit subject to the six conditions listed in the staff report and as amended. Public Comment - Proponents Steven Maw, applicant, spoke in favor of the project. Scott Santa, Remax, said he was representing the current owner of the property, saying the seller had gone to great expense to bring in water and sewer to the property and their intent had been to have a four-plex constructed on the property. Public Comment - Opponents Sue Ellyn Anderson, 484 Eight Avenue EN, said she lived two houses down from the proposed site. Anderson said she was speaking on behalf of her neighborhood, and they had three concerns, one being the water pressure problem in the neighborhood. Anderson said you couldn't have a sprinkler going in the yard if there was any water running in the house, and a four-plex would add to the existing problem. Anderson said the neighborhood's second concern was the increase in traffic on an already crowded street. Anderson said the Shining Mountain Church was across the street from her home and often her family and friends don't have any place to park on the street. Anderson said the neighborhood's third concern was fire hydrant coverage; she said one was located at the corner of Eighth Avenue EN and Oregon Street, and the other was on Seventh Avenue EN, both within one block of the proposed site. Anderson asked if the existing water pressure would be sufficient if a fire should start in the neighborhood, and asked whether an additional fire hydrant would be required to cover the additional density of the four-plex. Rice made a motion to adopt staff report KCU-01-8 as findings of fact and recommend to the city council that the conditional use permit be approved subject to the conditions as listed and to amend Condition 2 to read "That the parking lot be redesigned to meet the required setback and add suitable ingress and egress requirements and that landscaping of the lot be coordinated with the City Parks and Recreation Department." Atkinson seconded the motion as amended. Atkinson suggested that the condition should also include language that would limit the driveway access to a 24-foot wide ingress and egress. Wilson said that would help clarify it and that a friendly amendment could be made. Rice said he would accept the friendly amendment. Kalispell City Planning Board Minutes January 15, 2002 Page 2 Atkinson said in the staff report, under the site suitability criteria, consideration should be given to sidewalks being installed within the right-of-way along California Street with a landscape buffer that separated the sidewalks from the street, but it was not listed as a condition. Wilson responded saying that she had not included that as a condition because it was not a clear policy with the council or projects that staff would review when to construct partial sidewalks. Atkinson made a motion to add Condition 7 to read "That sidewalks be installed within the right-of-way along California Street with a landscape buffer that separates the sidewalk from the street." Spooner seconded the motion. There was discussion regarding the placement of a sidewalk and the location of the property boundaries in the area in relation to the right-of-way. The motion to add an additional condition passed on a three in favor and two opposed, with Van Natta, Atkinson and Brechel voting in favor, and Spooner and Rice voting in opposition. There was some discussion among the board regarding hydrants in the area and Wilson stated that the applicant would need to comply with the uniform fire code, which may mean installing an additional hydrant. She would discuss potential problems with water pressure with the public works department .and the fire department. The main motion passed unanimously upon a roll call vote. Whitefish Sta-we Condominiums Conditional Use Permit Narda Wilson presented staff report KCU-01-7 saying this was a request by Whitefish Stage Development, LLC, for a revised conditional use permit for the condominium development, Whitefish Stage Condominiums to allow 214 duplex and four-plex units rather than 304 units on approximately 38.4 acres on property located on the northwest corner of Granrud Lane and Whitefish Stage Road and is zoned RA-1, Low Density Residential Apartment. Wilson said staff was recommending approval of the conditional use permit subject to the 21 conditions as listed which were the same as the conditions previously placed on the project by the Kalispell City Council. Public Comment - Pro-ponents Jay Billmayer, representing the applicant, spoke in favor of the project saying at the last planning board and city council meetings there were many people from the neighborhood who had expressed concerns with the project and the new design had tried to address those by reducing the density and the overall size of the buildings. Kalispell City Planning Board Minutes January 15, 2002 Page 3 Public Comment - Opponents John Garfield, 2026 Mission Way South, said he was directly across from where the main entrance to the development will be and he had concerns about the new plan because it calls for a short concrete wall and fence. It still looks like it will be nine feet tall, with three feet of berm, three feet of wall, and three feet of iron work and he still considers it to look like a compound area. Garfield said one other concern was the new bike path that ran in front of the project on Whitefish Stage Road and what the impact would be on the path if a nine -foot wall and berm was built. Garfield asked who would address the problem of snow building up on the berm and falling onto the trail and the road. Garfield said these issues needed to be addressed tonight. Atkinson moved that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-01-7 as findings of fact and forward a recommendation to the Kalispell City Council to grant the conditional use permit for Whitefish Stage Condominiums subject to the 21 conditions as listed. Rice seconded the motion. Jay Billmayer explained that the fencing would comply with the zoning requirements and was just under six feet tall. The fence would not be located next to the property boundary but rather setback substantially from the property boundary and that it should not pose a problem for access to the trail. The board discussed the redesign of the project and the zoning requirements for fencing, fence height and the location of the fence near the corners of the property. The motion to approve the project subject to conditions passed unanimously upon a roll call vote. Gaylon Owens Annexation and Initial R-4 Zoning Narda Wilson of the Tri-City Planning Office presented staff report KA-01-8 saying staff was recommending an initial zoning classification of R-4, a Two Family Residential district with a minimum lot size of 6,000 square feet, upon annexation to the city limits. Currently the developer does not have specific plans for subdividing the property but intends to do so in the near future. Public Comment - Proponent No one spoke in favor of the proposal. Public Comment - Opponents Lila Crookenburg, 1204 Sunnyside Drive, said she was neither for nor against the request, but did express concern regarding the additional traffic that would be generated from the development. Crookenburg said they sold had some of their property to the State for the future by-pass which would result in a lot more traffic on U Sunnyside Drive because it would be a feeder road into Kalispell. Crookenburg said most of the surrounding area was five and ten -acre tracts and this zoning classification wouldn't enhance their property or life style any. Kalispell City Planning Board Minutes January 15, 2002 Page 4 Norman Crookenberg, 1116 Sunnyside Drive, said the road is narrow now, and when the by-pass does get constructed the traffic on Sunnyside would be more than the road can handle. Consideration needs to be given to improvements to Sunnyside Drive. Brechel moved that the Kalispell City Planning Board and Zoning Commission adopt Staff Report KA-01-8 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Family Residential. Anderson seconded the motion. The motion passed unanimously upon vote. Flathead Government Employees Credit Union Conditional Use Permit Narda Wilson of the Tri-City Planning Office presented staff report KCU-01-9 saying this was request for a conditional use permit by Flathead Government Employees Credit Union to allow the expansion of a non -conforming use, the existing bank, by constructing an addition to the north and adding drive -through lanes. The property is located at 660 Sunset Boulevard on property zoned B-1, Neighborhood Buffer District. Two existing buildings on property adjoining the credit union would be removed to made way for the improvements. Wilson said a letter had been received from Dick Amerman, Assistant City Engineer, recommending that the Highway 93 access be limited to ingress only, and she recommended that the board amend Condition 3 and ( replace it with that language. Wilson said staff was recommending approval of the conditional use permit subject to the conditions as amended, specifically Condition 3. Public Comment - Proponents Dave Meredith, representing the applicant, report and the amendment to Condition 3. Montana Department of Transportation proposed on the site plan. said they were in agreement with the staff He noted they had been working with the )n the relocation of the access as was Dave Stenberg, manager of the Flathead Credit Union, spoke in favor saying they had. experienced considerable growth in the recent past, and the facility was now too small. He did not anticipate the expansion to have significant impacts on the neighborhood as traffic would be limited and their staff is small. Public Comment - Opponents There was no one to speak in opposition to the proposal. Anderson moved to adopt staff report KCU-01-9 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the four conditions, amending Condition 3 to read "That the access proposed for relocation along Highway 93 be limited to ingress only." Atkinson seconded the motion. Kalispell City Planning Board Minutes January 15, 2002 Page 5 Atkinson asked if the site plan indicated that a sidewalk would be placed along Hwy 93 and Meredith responded that the MDOT did not encourage a sidewalk along the strip of land because they wanted to direct pedestrian traffic to the other side of the road. Atkinson moved to add Condition 5 to read "That a sidewalk be constructed along Highway 93 the length of the property." Spooner seconded the motion. There was some discussion among the board regarding the pedestrian access in the area and the proposed reconstruction of Hwy 93 in this area. On a roll call vote the motion to add Condition 5 passed with five in favor and one opposed with Anderson, Atkinson, Brechel, Van Natta and Spooner voting in favor and Rice voting in opposition. The main motion passed unanimously upon vote. Preliminary Plat Approval for Amended Plat of Gateway West Addition #34 Narda Wilson of the Tri-City Planning Office gave a presentation of staff report KPP-01- 3 saying this was a request for preliminary plat approval by Cameron Calder- for an eight -lot commercial subdivision on property located south of Two Mile Drive and west of the Gateway West Mall on property that contains approximately 11.31 acres and is zoned B-3, a Community Business District. Wilson said the applicants were asking for 0 three variances to the subdivision regulations. The first was a variance from the 60- foot right-of-way to allow a 40-foot right-of-way for the first 230 feet of the road, which was not part of the property. Wilson said they were also asking for a variance from the requirement of upgrading Financial Drive to City standards, leaving the 24-foot wide road as it is and adding an 8-foot bike path on the east side; and the third was a variance from constructing sidewalks in the new internal subdivision. Wilson said staff was recommending approval of the variance for 40-foot right-of-way for property not owned by the applicant in the north 230 feet of Financial Drive, but was recommending denial of the other two variances because they were not related to special circumstances associated with the property but rather as a matter of convenience or economics. Wilson said staff was recommending approval of the preliminary plat subject to the 15 conditions as listed. Public Comment Proponents John Schwarz, Schwarz Engineering, spoke in favor of the project and thanked staff for their cooperation in helping with the project. Schwarz said he did not agree with staff in denying two of the variances. He noted that the property is in the West Side Urban Renewal District and this subdivision would increase the revenue to the district. Also is provides redevelopment in an area that has been targeted by the City. O He also noted that the curve on Two Mile Drive at its intersection with Financial Drive might warrant the relocation of Financial Drive in the future. He said the applicant wanted an alternative road design for the internal subdivision road that did not Kalispell City Planning Board Minutes January 15, 2002 Page 6 include sidewalks, but if sidewalks were required they would use a standard road section. Public Comment - Opponents There was no one to speak in opposition to the proposal. Rice moved that the Kalispell City Planning Board adopt staff report KPP-01-3 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the 15 conditions as listed. Atkinson seconded the motion. Rice said he agreed with the first variance to allow a reduction in right-of-way, but regarding the second variance he said the driveway was being used as a city street now, and wondered if the Board should ask the Council to look at turning it into a city street. Wilson noted that it would be the intention of the developer to turn those roads over to the City as public streets once the subdivision improvements have been completed. Atkinson asked if city staff had discussed the realignment of Financial Drive with Two Mile Drive. Wilson said no but in the future when Two Mile Drive was reconstructed the curve in C' the road would likely be straightened and that an alternative access had not been discussed with the public works department. Van Natta said they could eliminate the landscape boulevard between the curb and the sidewalk on one side of Financial Drive in Condition 2 to accommodate additional improvements. Atkinson said he felt they should eliminate the sidewalk on the west side of the northern portion because when that piece of property is developed it would be very clean for the city to require dedicating 20-feet and install a sidewalk. Wilson said it would require a building permit to have the developer install sidewalks and it would go through site review committee, who could ask for the sidewalk, but didn't know if they could ask for public dedication of right-of-way. Wilson cautioned the board from over engineering this issue, because the road might be put in the middle of the right-of-way and the improvements would be extended from there. Wilson said Atkinson's idea of having a sidewalk only on the west side would not be as clean as it could be because the roadway might be centered in a 40-foot right-of-way instead of 60-foot right-of-way. Schwarz said the existing 24-foot road sits on the west side of the 40-foot right-of-way. Schwarz said he liked Atkinson's idea, but asked why it would be better for the City to have a five-foot sidewalk rather than an eight -foot bike path that was initially proposed. Kalispell City Planning Board Minutes January 15, 2002 Page 7 Van Natta said he still wanted to see some sidewalks even if only on one side. Wilson suggested amending the first and second sentences of Condition 2 to include language that read "with the exception of the north 230 feet where a 40-foot right-of- way would be allowed." After discussion the board decided leave the first sentence as it was. Atkinson moved to amend Condition 2 "The infrastructure for the subdivision shall be designed and constructed in compliance with the City Of Kalispell's Design and Construction Standards for local streets which shall include a minimum 24-foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard. This would include the full length of Financial Drive with the exception of the north 230 feet where a 40-foot right-of-way would be allowed." Brechel seconded the motion. The motion passed unanimously upon vote. The main motion passed unanimously upon vote. Northwest Investments Partnership Conditional Use Permit for Casino Narda Wilson of the Tri-City Planning Office gave a presentation of staff report KCU- J 01-10 saying this was a request for a conditional use permit by Northwest Investments Partnership, LLP to allow the operation of a casino in a B-2, General Business, zoning district located at the northwest corner of North Meridian Road and Hwy 2 West north of the existing convenience store / gas station, Michaels. Wilson said staff was recommending approval of the conditional use permit subject to the four conditions as listed, and adding Condition 5 that would require an updated site plan be provided to the Kalispell Building Department prior to construction. Public Comment - Probonents Matt Waatti, with Northwest Investments, spoke in favor saying they had submitted an application a year ago, but at that time there had been a church that was too close, but the church had now moved so they were applying again. He said they did not have a license for locating the casino, but were making the space available for a potential tenant. Public Comment - Opponents There was no one to speak in opposition to the proposal. Brechel moved to adopt the staff report KCU-01-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the conditions as listed. Atkinson seconded the motion. The motion passed unanimously upon vote. Kalispell City Planning Board Minutes January 15, 2002 Page 8 J c. OLD BUSINESS There was no old business. NEW BUSINESS Mayor Pam Kennedy welcomed the new and returning planning board members and thanked them for dedicating their time to community service. Kennedy said she hoped they would go ahead with scheduling a workshop on parliamentary procedures. DISCUSSION OF PARLIAMENTARY PROCEDURES WORKSHOP Wilson said Theresa White was willing to assist in a parliamentary procedure workshop and asked the board when they would like to meet. After discussion, because the February 12th meeting would only have one agenda item, the board decided to have the workshop after the meeting and keep it to approximately an hour. ADJOURNMENT The meeting was adjourned at 10:45 p.m. Ron Van Natta, President SanJdiegue6or , ing Secretary APPROVED as presented corrected Date: Kalispell City Planning Board Minutes January 15, 2002 Page 9