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03-14-00KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING MARCH 14, 2000 CALL TO ORDER AND Jean Johnson called the meeting to order at approximately ROLL CALL 7:00 p.m. Members present were: Jean Johnson, Rob Heinecke, Greg Stevens, Don Garberg, Don Mann, Don Hines, Randy Ek, Bill Rice and Brian Sipe. Narda Wilson represented the Flathead Regional Development Office. There were approximately 22 people in the audience. APPROVAL OF MINUTES On a motion by Stevens and seconded by Hines the minutes of the meeting of February 8, 2000 were approved unanimously as submitted. . GLACIER VILLAGE A request for preliminary plat approval of Glacier Village GREENS PHASE XI Greens Phase XI, a 16-lot townhouse subdivision on PRELIMINARY PLAT approximately 2.93 acres on property zoned R-5 in Evergreen. Sipe stepped down from the board for this application due to a conflict of interest. STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation on staff report FPP-00-02 in which staff O recommends approval of the preliminary plat subject to 16 conditions. She stated that this portion of the development is an extension of Glacier Village Greens, with the final plat of Phase X having been recently approved. The City of Kalispell sewer and Evergreen Water District water would serve this development. Because this is a townhouse development it is relatively high density. Staff therefore perceives a need for sidewalks. Sidewalks should also be considered for future development phases. Wilson stated that condition number eight is a duplicate condition and should be deleted. PUBLIC HEARING The public hearing was opened to those who wished to speak . on the application. PROPONENTS Rod Bitney spoke in favor of the application. He clarified that they are within the Kalispell School District. The developer wants to have condition three requiring sidewalks and condition 15 requiring annexation deleted from the conditions of approval. George Schulz, part owner, spoke in favor of the petition stating that the developers are against a sidewalk requirement. He asked and Wilson answered that the City requires annexation when City sewer serves the subdivision and condition 15 is the same as was required for the other phases of the development. Garberg questioned and Bitney answered that the future property owners are aware that at some point they will be annexed. Stevens suggested the wording `a waiver of the right to protest annexation into the city' rather than a `petition to annex upon final plat submission'. Wilson stated that there is no form waiver of right to protest'. When the final plat gets filed, the City of Kalispell will require a `petition to annex' or `consent to annex" and 'withdrawal from the rural fire department' before the City will agree to provide sewer services. She added that it is a more affirmative approach than waiving their right', which makes it sound like they are giving up their rights. The only reason that this development is occurring is because the City has agreed to provide sewer services with the requirement that the development be annexed at the City's discretion. MOTION Mann moved and Rice seconded to adopt staff report FPP-00- 02 as findings of fact and, based on these findings, recommend to the Board of County Commissioners that the preliminary - plat for Glacier Village Greens Phase XI be approved subject to the conditions, amended by the board as follows: Delete condition eight and three. Rice moved to amend the motion to leave condition three in but strike the word `sidewalk' from the condition, Stevens seconded. Heinecke stated that he would like to have sidewalks included. On a roll call vote the motion to amend the main motion passed unanimously. On the main motion, on a roll call vote, all members voted Aye. The motion to recommend approval subject to amended conditions passed by unanimous- vote. CATTRON/BEE HIVE A request by Ron and Claudia Cattron with Bee Hive Homes for HOMES CONDITIONAL a conditional use permit to allow the construction of two 12- USE PERMIT bed assisted living facilities located on the west side of Grandview Drive on property zoned RA-1. Stevens withdrew from the board for this application due to a potential conflict of interest. STAFF REPORT Wilson gave a presentation on staff report KCU-00-2 in which staff recommends approval of the conditional use permit subject to seven conditions. Wilson stated that this proposal is for a two phase project for two 12-person assisted living units. Kalispell City -County Planning Board March 14, 2000 Meeting Minutes Page 3 of 13 would not go through and link to Indian Trail, but would end at the parking area. He stated that they offer more personal care than other types of facilities. Ty Harding spoke in favor of the application stating that there are approximately 100 Bee Hive Homes nation wide. He stated that they blend well in a neighborhood environment. OPPONENTS Ken Armstrong, 309 Commons Way, spoke against the facility. He stated that he is a middle class citizen and he has invested all of his money in his home. He stated that his home currently has views of Big Mountain, which would be lost with this development. He has done considerable research on the zoning and in his opinion the report is misleading and incorrect. He stated that this site falls outside of the master plan high -density area and is a low -density residential area on the master plan map. This development would have two to eight units per acre. This site is surrounded by low density residential and he does not see why this should be considered as a high -density area. He stated that according to the property development standards in the regulations this proposal has half of the required property for a development - this dense. He stated that it appears that even further expansion is planned. The neighborhood is not high density residential. The report stated that this development is low profile but there are no 7/ 12 pitched roofs in the area. The plan does not fit within the zoning and it violates the master plan. He does not see how staff could recommend approval of a project that is in such violation with the zoning. Robert Ekblad, 319 Commons Way, spoke against the application stating that he and his wife have each had to place parents in a nursing home. They applaud the service that the applicants are providing, but it does not belong in their neighborhood. He stated that the area has narrow roads. This project would allow for considerably more dense development than should be allowed in the area as per the zoning.. He stated that the developers have asked for services without assurances of a reasonable development. He stated that emergency access would not be adequate. He added that the proposed design is not reasonable. He asked for the following changes if recommended for approval: Adopt conditions two, three and six. Require city street standards with a turnaround within the development. Require a single access off of Indian Trail Road with only emergency access off of Grandview Drive. Kalispell City -County Planning Board March 14, 2000 Meeting Minutes Page 5 of 13 • Add a condition requiring an approach permit for Indian Trail Road. • Require a condition for approval of a landscape plan for the sides of the property. Require that a 24-foot driveway be designated on the plan and that a Grandview Drive to Indian Trail link is constructed prior to construction of the units. The neighborhood deserves and requires these changes to the conditions. The density problems should be looked at because it could cause many problems in the future. Frank Strickland, 335 Commons Way, spoke against. the development. He stated that he is associated with Buffalo Commons and they are planning further development in the area. The density within the area should be followed and the complexion should be followed. He stated that if the proposal is allowed they could potentially have four or five of these buildings on this site, which would be 60 units on this small site. The complexion of this proposal is not right for the area. This is a rural country road and a rural atmosphere. He suggests that this development should be required to have a lot of open space. There should be a turn around within the site. O The development should have the primary access off of Indian Trail Road. He is not opposed to the site being developed, but would want better consistency with the neighborhood. This should be a low profile development and should not have such a high roof, which would ruin the views for the neighbors. The density should be less and the roof should be lower pitch. Lights in the parking lot would impose on the neighbors. Parking is insufficient for the development. A cul-de-sac should exist. Development should not be allowed on high ground areas of the property due to the drainage issues. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Wilson stated that a dwelling unit is a building that is designed to occupy a family unit. This development would have a single kitchen and living area with 12 bedrooms and would not be considered separate dwelling units. A low -density residential district would be two dwelling units per acre. This area would be considered a low -density "apartment" district. As far as fire access, these buildings would be sprinkl.ered, and the fire department did not ask for separate access. This development would be considered the same in bulk and scale of the other buildings in the area. The building directly to the south is an 8,000 square foot building having 40% lot coverage. This proposal would have considerably less lot coverage than that and would not be out of scale with what is in the area. This is Kalispell City -County Planning Board March 14, 2000 Meeting Minutes Page 7 of 13 Heinecke asked how many dwelling units per acre would be allowed in the RA-1 zone and was answered 14 units per acre. He stated that the neighbors have swayed him and this would be denser than should be allowed. Grandview should not be the primary access it should be Indian Trail. Garberg stated that he does not think that this development fits this neighborhood. This is a good type of facility but not in this neighborhood. This development would cause future conflict if it goes in at this site. MOTION Hines moved and Mann seconded to adopt staff report KCU-00- 02 as findings of fact and, based on these findings, recommend that the Kalispell City Council grant the conditional use permit for two 12-bed assisted living facilities subject to the seven conditions as outlined in the report. Johnson moved and Sipe seconded to amend the conditions by adding condition eight to read "Under the proposed plat that everything west of the dotted line be removed from the application." On a roll call vote: Sipe, Hines, Mann, Johnson - and Rice voted Aye. Heinecke, Ek and Garberg voted No. The motion to amend passed on a vote of five in favor to three opposed. On a roll call vote on the main motion to approve with amended conditions: Johnson, Rice and Mann voted Aye. Hines, Sipe, Ek, Heinecke and Garberg voted No. The amended motion to recommend approval of the conditional use permit failed on a vote of three in favor and five opposed. Johnson explained that the board would need to have a motion to amend the staff report to support the board's views and make a recommendation to the council. Garberg moved and Heinecke seconded to amend the summary of findings items one and four as follows, adopt the amended report as findings of fact and recommend denial of the conditional use permit. 1. The size and location of the site is inadequate mate to accommodate the proposed use. 4. No -Negative impacts to the neighborhood can be anticipated as a result of the construction of the facility. On a roll call vote: Garberg and Ek voted amend the findings conditional use permit one opposed. `l Heinecke, Hines, Sipe, Johnson, Rice, Aye. Mann voted No. The motion to of fact and recommend denial of the passed on. a vote of seven in favor and Kalispell City -County Planning Board March 14, 2000 Meeting Minutes Page 9 of 13 work best for them and the community. He stated that those areas within the floodplain could be engineered to work. They would like to work with the board and the City to move this project forward. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Stevens stated that there would be about 450 employees and the parking does not provide enough spaces for them let alone any clients. Rice stated that they are working with property owners across the street to purchase further property in order to address additional parking. With regard to the floodplain, the buildings that encroach into the floodplain could be addressed by applying for a change on the floodplain map and the parking area would be built up through a floodplain permit. Stevens stated that there had previously been extreme discussions on whether property within the floodplain could be subdivided for building purposes and staff had previously been opposed. Rice responded by stating that the difference with this proposal was that only a small portion of the building would be in the floodplain and that they are not creating "lots" that would be �J located in the 100 year floodplain as was the previous issue. Garberg asked and Stevens -Wulf answered that this concept is being talked about everywhere and she knows that there are none within the western United States. Garberg stated that he liked the concept. Ek asked about the intersection and Stevens -Wulf answered that there would be additional access entrances and they are in the planning process for upgrading the access roads. Denman stated that this would be a phased project as well so the infrastructure will be able to be built up during the process. Johnson asked and Denman answered that the owners within the development will be responsible for the maintenance of the parking lot and all of the common areas and that there was no dedication of public streets involved with this subdivision. P. J. Sorenson, Kalispell Zoning Administrator, stated that a conditional agreement has been made with the Hampton Inn, which FEMA has approved, and this will not affect this project. �J Johnson stated that the down side would be if the culvert Kalispell City -County Planning Board March 14, 2000 Meeting Minutes Page 11 of 13 0,6Lid Stevens suggested that the city council establish a street district to assess for street and sidewalk improvements. Johnson reported that the growth policy plan is with the City Attorney and will probably come back to a joint session when the attorney completes his comments. ADJOURNMENT The next regular meeting will be April 11, 2000 at 7 p.m. The meeting was adjourned by motion at approximately 10:15 p.m. A. on, President Tn is Eat, Ro&rding Secretary v �i�i Approved as submitte corrected l 00 v Kalispell City -County Planning Board March 14, 2000 Meeting Minutes Page 13 of 13