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05-23-00 Special Meeting-� KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF SPECIAL MEETING MAY 23, 2000 CALL TO ORDER AND Jean Johnson called the meeting to order at approximately ROLL CALL 6:25 p.m. Members present were: Jean Johnson, Rob Heinecke, Don Hines, Bill Rice, Don Garberg and Brian Sipe. Greg Stevens was excused. Don Mann was absent. Narda Wilson represented the Flathead Regional Development Office. There were approximately 36 people in the audience. - APPROVAL OF MINUTES On a motion by Heinecke and seconded by Sipe the minutes of the meeting of May 9, 2000 were approved unanimously submitted on a vote by acclamation. . BENJAMIN ZONE A request by Beth Ann Benjamin for a zone change from AG-80 CHANGE to SAG-5 on approximately 92.53 acres in the East Side Zoning District to allow the creation of an 11-lot cluster subdivision, Swan Ridge, as described below. BENJAMIN A request by Beth Ann Benjamin for preliminary plat approval PRELIMINARY PLAT of Swan Ridge Subdivision, an 11-lot cluster subdivision on 92.53 acres on property being proposed for rezoning from AG- �� 80 to SAG-5. STAFF REPORT Narda Wilson gave presentation on staff report FZC-00-4 and FPP-00-7 in which staff recommends that the zone change be granted and the preliminary plat approved subject to conditions. Wilson stated that the zoning stops at Amdahl Lane. The master plan designates this property as agricultural. The proposed subdivision also provides for considerable open space within the floodplain. The applicant has a wildlife rehabilitation refuge already on this site. The zoning regulations allow cluster developments in all of the agricultural zones. Under the zoning of SAG-5 the applicant is able to get the approximate number of lots within the cluster subdivision as would be allowed with five acre lots, but would not be possible in that manner due to topography. There would not be anything within the floodplain area that would require a floodplain permit. Wildlife would be protected due to the fact that the designated open space is a recognized wildlife refuge. A community water system is proposed. One letter of opposition has been received since the staff report was mailed and was entered into the record. Heinecke asked and Wilson answered that condition nine, to eliminate pedestrian access easements, is due to the applicant {' retaining ownership of the open space. She will probably fence the pasture area. PUBLIC HEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS Bruce Lutz, consultant on the job, spoke in favor of the project. He stated that they had started out looking at a conventional subdivision but because of the special nature of the property they have decided on the cluster subdivision. He stated that this subdivision relates well to the subdivisions that are in existence in the area. He noted that they are comfortable with the 11 lots that are outlined on the plat. They are doing everything possible to insure that the views for the existing subdivisions will remain intact to the greatest degree possible. Carlene Khor, 229 7th Street West, spoke in favor of the proposal stating that they have tried to design the subdivision and plan the covenants in such a way as to preserve the views for those homes already in the area. This subdivision has also been planned in a way as to preserve the open space and rehabilitation refuge. There will be no further `subdividing of this property. Beth Benjamin, 37 Panoramic Drive, spoke in favor of the application. She stated that she would be fencing between the subdivision and the open space for a buffer. She does maintain a wildlife refuge and it is important that it is not exposed to the public. Andy Hyde, project engineer, spoke in favor of the proposal stating that the access road is an existing 60-foot county right- of-way. There would be a 33% increase in traffic, but that would be less than 400 vehicle trips per day. The applicant would be willing to purchase speed signs if that is requested. The wells will be drilled into the deep aquifer of the Flathead, which is huge. This is the same aquifer as the existing wells tap into. He stated that he has experience with four well fields that use that same aquifer. Of these there are large output wells in close proximity to each other with 500 and 1500 gal per minute output, and they, when running simultaneously, only have a minimal impact on each other. In this proposal the well will be projected to have a 50 gal per minute output, which will not place any risk to the current wells on this artesian system. On -site septic and drainfields are proposed. They chose to go with one acre plus lots due to the non -degradation rule. There will be 11 lots on 12 acres of the 92-acre tract. The cluster subdivision rule would allow 27 lots. There will be no additional subdividing of this property. The cluster subdivision regulation is intended to keep as much open space as possible, which is their intent. Robert Quirk, 19 Silverleaf Drive, spoke in favor of the application stating that as a neighbor he does not have any problems with this subdivision. OPPONENTS Jim Moore spoke in opposition of the application stating that the folks that live in the Panoramic Heights Subdivision have concerns over the access to a new subdivision, increased Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 2 of 11 traffic, and the loss of views to those in the area already. He stated that the developments that already there did not think they would have more traffic than there is already. Concern over water degradation , to the aquifer. He stated that even though the applicant has indicated that there will be no further subdividing, he sees nothing that would preclude their ability to develop to the south. He stated that he was concerned that there would be protection of the views for those people that already live in the area. He stated that he has concerns over the nature of the buildings to be built that they would detract from or take away the views. This would become an extended neighborhood and covenants should be in place to protect the existing homes in the area. Elva Mast, 21 Panoramic Drive, spoke against the subdivision noting that she had chosen to purchase her home after seeing the view and would not want to lose that. She stated that she had concern that there will be a change in her taxes due to this subdivision. She added that there are already traffic problems and this would add to the problem. Elmer Downy, .22 Panoramic Drive, spoke against the subdivision because they would lose views. There will be a house put somewhere, which will take away from somebody's view, and he is in tremendous opposition to that. Wayne Hall, 25 Panoramic Drive, spoke against the proposal due to the loss of views. He enjoys the open space. He stated that his main concerns are the increased traffic, the use of the same aquifer, the individual septic systems, and the impact to the wildlife. Ron Walter, 43 Panoramic Drive, spoke against the proposal due to increased traffic, the impact to the area schools and the increased taxes due to the increases at the school. Ed Seavers, 334 Amdahl Lane, spoke against the proposal due to the SAG-5 zoning designation; this is going against the intent of the five -acre lots for houses. Ken Dahlgren, 140 Amdahl Lane, questioned whether SAG-5 is within the East Side Zoning district and was answered that it is. He stated confusion over the cluster subdivision. Sallie Walter, 43 Panoramic Drive, spoke against the application questioning whether the public would be allowed to speak again. She stated that she has concern over increased traffic, impact to the schools, encroachment on farmland, and changing the use of the land. Gary Struck, 18 Panoramic Drive, spoke against the proposal agreeing with the previous speakers. He stated that he has concerns over traffic, children, speeds, and the access to the Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 3 of 11 1 subdivision. He has two wells within 150 to 200 feet of each other and the proposed well would fall between his two well sites. That causing him concern over the output from his wells. He stated concern over the type of homes to be built on the lots. Liz Walter, 26 Panoramic Drive, spoke in opposition agreeing with the opposition with her main concern being increased traffic and the loss of views. No one else wished to speak and the public hearing was closed. MOTION / ZONE Rice moved and Hines seconded to adopt staff report FZC-00-4 CHANGE as findings of fact and, based on these findings, recommend that the Board of County Commissioners grant the zone change from AG-80 to SAG-5. On a roll call vote all members voted Aye. The motion to recommend granting .the zone change passed unanimously. MOTION / Wilson explained that through the cluster zoning, the applicant PRELIMINARY PLAT is able to put in lots that are smaller than the zoning generally allows. The cluster subdivision will have 11-one acre lots, and an 80 plus acre lot that will be left as open space for the wildlife refuge and some pasture. This is still a part of East Side zoning with 80 acre and five -acre minimum lot sizes. This falls under the East Side zoning review. The use of the cluster subdivision rule would prohibit further subdividing for a minimum of 20 years Johnson asked and Wilson answered that on page three of the report noted that some of the basic provisions of cluster standards are that lots within the cluster subdivision may not exceed a net average of two acres, a maximum density of 150 percent of the allowable lots and so on, a management plan would be required that outlines the plans for management of the open space and would provide a 20 year term with automatic extension terms of ten years each and an amendment clause that requires the County Commissioners approval for any change or alteration. So there would be a minimum of 20 years before further subdividing would be allowed. Sipe moved and Heinecke seconded to adopt staff report FPP- 00-7 as findings of fact and, based on these findings, recommend preliminary plat approval of Swan Ridge Subdivision subject to the conditions as amended by staff. Garberg questioned whether the engineer had any C' l objections to the conditions and Hyde answered that they agreed with the request for changes that Wilson had mentioned. Hyde stated that the conditions were very reasonable. Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 4 of 11 -\ Sipe explained that the board has to allow for growth within the Valley. There are more people and children coming into the Valley and they have to review these requests and make them the best as is possible. We all live in the Valley and should know what is coming. Benjamin spoke to the concerns noting that the reason for the cluster is to allow for the open space. She stated that she is planning to put the remaining 80-acre tract into a conservation easement. An easement would go with the property in perpetuity, securing the 80-acre open space for the future. Wilson stated that this is the reason for the cluster subdivision. This allows for the smaller lots in exchange for the restriction on the property for any further development for at least 20 years. And with the property owner agreeing to a conservation easement, this property would be protected from further development in perpetuity. Johnson stated that he was in agreement with the cluster subdivision concept, noting that people are able to take care of the one -acre lots and the open space has a management plan. He is in opposition to what he calls the five -acre rodeo ranchette, which is typified by a house and a one season manicured five acres and knapweed thereafter. Rice noted that on the question of covenants this subdivision would have the same covenants as Mountain View Heights, which addresses the home construction, etc. Johnson stated this board and the County Commissioners really can't say where a house is being built, whether it is in front of someone else or not. They are saying that this tract of land is suitable for a residence. Wilson stated that the board could place a condition that building sites for lots ten and 11 be indicated on the final plat which preserve the views of the property owners to the west. Lutz stated that they would be in agreement with having something on the plat designating building envelopes for those lots. Garberg stated that would be against such a condition and that he doesn't believe it is the position of this board to place conditions that restrict where a property owner can build on their own lot. _J Johnson stated that there is a lot of information on the regional aquifer and that he doesn't see this as an issue because there is water available to everyone. He stated that Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 5 of 11 the board does not build infrastructure it gets built on demand. When there is a demand the Commissioners have to address it. Johnson questioned and Sallie Walter answered that she is against using the road that serves their subdivision being used for access to the proposed subdivision. Wilson explained that there is a condition to consult with the Road Department and that any needed improvements would have to be accomplished prior to final plat. Garberg moved and Rice seconded to amend the motion to amend the conditions to delete condition 11, correct condition 14 C as per staff; add a condition that the County Commissioners consider the condition of Panoramic Drive and assess it's ability to accommodate additional traffic and consider necessary improvements if needed, and that an approach permit be obtained from the Montana Department of Transportation for access onto Highway 35. On a roll call vote all members voted Aye. The motion to amend the motion to amend the conditions passed unanimously. On a roll call vote all members voted Aye. The motion to (� recommend preliminary plat approval for Swan Ridge Subdivision, subject to amended conditions, passed unanimously. FAITH FREE LUTHERAN A request by Faith Free Lutheran Church for a conditional use CHURCH CONDITIONAL permit for the expansion of their existing church on property USE PERMIT zoned R-4 at 405 Liberty Street. STAFF REPORT Narda Wilson gave a presentation on staff report KCU-00-3 in which staff recommends approval of the conditional use permit subject to five conditions. She stated that there is an existing access off of Liberty. There are drainage problems in the area and no storm drainage system; therefore, the developer will have to come up with an engineered on -site drainage retention plan. PUBLIC HEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS Dan Brien, P O Box 160 Somers, technical land surveyor on the development, spoke in favor of the application. He stated that the congregation has grown and there is a need for expansion. He stated that the church had researched moving but found that they are able to obtain the adjacent property and therefore would like to expand. He stated that the church has had a good rapport with the neighbors. The plans are very preliminary, but they want to know that they will be able to expand, with a conditional use permit, before they get further Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 6 of 11 �) involved. He stated that the applicant would appreciate approval of the conditional use permit. Steve Snipsted [church pastor], 98 Northern Lights Boulevard, spoke in favor of the application noting that the church wants to be an asset to the community, specifically the children of the community. They have many programs for the children. As they grow they would like to expand their programs and need additional room in the facility in order to do that. Mick Diede, 2635 Airport road, spoke in favor of the application stating that one of the many goals for their congregation is that they establish a center to help unemployed and underemployed persons. They need to expand to serve more people and would appreciate a favorable recommendation. Dennis Shaw, 1575 Smith Lake Road, spoke in favor noting that the church is being directed and led to expand in order to facilitate their ministries. By allowing this expansion they will be able to offer more of these services No one else wished to speak and the public hearing was closed. MOTION Hines moved and Garberg seconded to adopt staff report KCU- 00-3 as findings of fact and, based on these findings, 0 recommend that the Kalispell City Council approve the conditional use permit subject to the conditions as listed in the report. Rice stated that he thinks this is a good project. Garberg stated that he thought it was a good thing that the church needed more room. On a roll call vote all members voted Aye. The motion to recommend approval of the conditional use permit subject to conditions passed unanimously. NORTHWEST HEALTH A request, by Northwest Health Care for a conditional use CARE CONDITIONAL permit for the expansion and remodel of the Kalispell Regional USE PERMIT Medical Center in an H-1 and Buffalo Commons PUD. STAFF REPORT Narda Wilson gave a presentation on staff report KCU-00-4 in which staff recommends approval of the conditional use permit subject to ten conditions. She stated that the hospital has been working for a long time to come up with an overall plan for the medical campus. This presentation further denotes their plan for the next six to eight years of development. One of ' the issues that the City has had is the lack of a connection --� between Sunnyview Lane and Conway Road. Another issue is the one-way access onto Meridian Road, which is a substandard use of this connection. The staff has made a separate recommendation, not as a condition to this Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 7 of 11 conditional use permit, that the Planning Board recommend to the Council that they actively pursue reconsideration by the MDOT on the limitation of Meridian Road as a one-way road and encourage that it is made a two-way road thereby relieving some of the traffic impacts onto Sunnyview Lane. Staff requests that a final plat be filed for Buffalo Commons Phase Five that creates a parcel for the hospital campus and address the dedication of Sunnyview Lane to the City, along with initiating the abandonment of Sunnyview Lane in accordance with City policy. Staff also would like the conditions amended to include that the Public Works Department recommends that the applicant complete the design for all of Sunnyview Lane between Grandview and Highway 93 that will facilitate the closely related phasing of the development of the roadway. PUBLIC HEARING The public hearing was opened to those who wished to speak on the application. PROPONENTS David Greer, consultant on the project, spoke in favor of the application noting that he appreciated that the staff report was positive and upbeat. He stated that the hospital is located in the hospital zone and a conditional use permit has been required every time they need to make a change. This application is for an umbrella permit that will allow the future development to be seen and approved so that they don't have to continue to come in with permit requests. He stated that they are proposing to abandon, and relocate to another area, a portion of Sunnyview Lane. This allows for an addition of four acres to the campus and keeps everything south of the new Sunnyview Lane. He noted that this design would also accommodate a better flow of people. He reviewed the proposal submitted by the developers explaining the renovation and new additions to the buildings, the parking, and landscaping within the hospital campus. He stated that the impacts from this development would be in the traffic, and they have redesigned the roadways to slow traffic and make the flow of traffic more efficient. There will also be more landscaping on the campus. Phil Porrini, project engineer, spoke in favor of the development noting that they would have to relocate the utilities into the new Sunnyview Lane right-of-way. The utilities would be placed underground. He presented a graphic demonstration of the road plans. Jim Oliverson, hospital administrator, spoke in, favor noting that the hospital is about 25 years old and has never had a master plan for building improvements. This is a master plan for expansion over the next 8 years approximately. David Greer spoke to the staff recommended conditions. He stated that the hospital would relocate Sunnyview Lane and participate in an SID for the remainder of that road. He gave new language for condition #3 as follows: Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 8 of 11 3. That Northwest Health Care improve Sunnyview Lane adjacent to Kalispell Regional Medical Center and Phase Five of Buffalo Commons as proposed in the application . and in accordance to City of Kalispell design standards and cooperate in efforts to seek an SID-financed effort to improve the remaining length of Sunnyview Lane between U.S. Highway 93 and Grandview Drive. OPPONENTS George Vann, 258 Buffalo Hill Drive, spoke in opposition of the development. He spoke to the lack of landscaping noting that the owners association would be willing to work with the hospital in a landscaping plan. He stated that there should be no more porta-potties and no more using trucks to store medical records. There is already a traffic problem and stop signs should be placed at the exit areas and possibly speed bumps. Meridian Drive is a disaster and is not appropriate as a one-way street and so it should be a changed to a two way street. It should be required to have adequate right turn lanes that are properly marked and built to current standards. The alert helicopter should be required to have an entrance and exit plan that does not put them just 80 feet above the roofs of the nearby homes. Oxygen delivery after regular business hours should not be allowed. Steve Wilson, Box 1894 Kalispell, spoke against the development noting that the relocation of Sunnyview and Winward way is not clear and he is concerned that the intersection would infringe on his property, therefore he asked that this be clarified prior to approval. He stated that moving the right-of-way could become a problem. He asked that a message be sent to the City noting the concern over this intersection. The proposed change has merit with these. few. exceptions. Helen Simpson, 250 Buffalo Hill Drive, asked for and Greer explained that the hill at the northern portion of the development will be fairly level. No one else wished to speak and the public hearing was closed. MOTION Hines moved and Rice seconded to adopt staff report KCU-00-4 as findings of fact and, based on these findings, recommend that the Kalispell City Council approve the conditional use permit for the expansion of the hospital facility subject to amended conditions. Heinecke questioned and Greer answered that Sunnyview and Heritage Way improvements would be completed this summer. Greer explained that the Sunnyview relocation to Heritage Way would be completed this summer and the outdoor work, such as roads, would be accomplished in two years; Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 9 of 11 -� and the building renovations and new construction would come in after that. Porrini explained that the current plan is to taper from the 32-foot roadway to the current 24-foot roadway. There is no plan to take any land from any properties. Upon questioning, Greer explained that The Summit came in for a conditional use permit and the City required that it not face Sunnyview; so the City placed a condition to accomplish this. In accomplishing this the MDOT made Meridian a one-way access. Heinecke asked and Greer answered that any overhead power lines that are moved will be placed underground, and all of the utilities in front of the hospital will be underground. Hines asked Don Williams answered that the reason for putting the modular buildings in during renovation is that nothing can be shut down. So under a last resort is that they would need to have modular units, no more than 3 to 4 units at a time, in order to keep the services functioning. Each unit will be equipped with their own restrooms. (J Hines questioned and Williams answered that the temporary, units will be placed on the asphalt and landscaping would not be an option for those units. The outside of the building will be brick. Williams noted that at no time were any medical records housed outside, only some financial records were temporarily stored outside. Hines questioned if the data center has been moved and Williams stated that they would not move, only the modular units will move. Hines asked and Williams answered that the cath lab has been cleared by the State Department of Health and they are working hand in hand with them. All of the buildings will be brought up to code with the renovations. If it is approved construction would start soon. They are looking at a window of five years to accomplish development. They do not have exact figures on the build out at this time. Heinecke asked and it was answered that FRDO is recommending a fire access road that is gated from vehicular traffic at Bountiful Drive between Sunnyview Lane. Rice moved and Hines seconded to amend the motion to amend condition 3 as suggested by the developer. The motion passed unanimously on a vote by acclamation. Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 10 of 11 Hines moved and Rice seconded to add a condition as follows: That a final plat be filed for Buffalo Commons Phase Five that creates a single parcel for the hospital campus and addresses the dedication of the relocated Sunnyview Lane to the City and concurrent with that they accomplish abandonment of the old portion of Sunnyview Lane. The motion passed unanimously on a vote by acclamation. Garberg noted that the Council should take into consideration the request that oxygen delivery not be allowed after regular business hours. On a roll call vote all members voted Aye. The motion to recommend approval of the conditional use permit subject to amended conditions passed unanimously. OLD BUSINESS There was no old business presented. NEW BUSINESS It was noted that a letter to the City Council requesting a review of the one-way at Meridian Road. The City Council has scheduled a resolution of intent to adopt, reject or revise the Growth Policy Plan for the June 5th regular meeting. The deadline for replacing the empty seat on the board has passed and the Commissioners will appoint a new member probably before the next meeting. ADJOURNMENT The next regular meeting will be June 13, 2000 at 6 p.m. The meeting was adjourned by motion at approximately 9:30 p.m. A. J nson, President Tricia Laske, Recording cretary Approved as submitted/corrected: /_/00 Kalispell City -County Planning Board May 23, 2000 Meeting Minutes Page 11 of 11