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04-08-97KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING APRIL 8, 1997 Work Session / There was a scheduled work session prior to the regular meeting of the Update of Master Kalispell City County Planning Board to review the information that has Plan been gathered for the planning jurisdiction and to give staff direction on how the Board would like to proceed. CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning AND ROLL CALL Board and Zoning Commission was called to order at 7:06 p.m. by President Therese Hash. Board members present were Bob Sanders, Milt Carlson, Mike Conner, Pam Kennedy, Joe Brenneman, Therese Hash and Robert Lopp. Absent Board members were Walter Bahr and Jean Johnson (excused). The Flathead Regional Development Office was represented by Steve Kountz, Senior Planner and Narda Wilson, Senior Planner. There were approximately 85 people in the audience. APPROVAL OF The minutes of the meeting of March 11, 1997 were approved as written O Xf NUTES on a motion by Kennedy, second by Carlson. All members present voted aye. FLATHEAD The first public hearing was introduced on a request by J. Constenius INDUSTRIES Architects, Ltd. on behalf of Flathead Industries for a conditional use CONDITIONAL permit to allow the construction of a group home which would be able to USE PERMIT / accommodate a maximum of eight adults with developmental disabilities. GROUP HOME The property is located in an RA-2, Residential Apartment, zoning district which allows group homes as a conditionally permitted use. The property is located on the southwest corner of First Street West and Third Avenue West in Kalispell. Staff Report Wilson gave a detailed presentation of report #KCU-97-2. The application was evaluated in accordance with the necessary criteria, and staff recommended the conditional use permit be granted, subject to four (4) conditions, Public Hearing The public hearing was opened to those in favor of the proposal. In Favor John Constenius, architect for the project, as well as a Board member for Flathead Industries, spoke in favor. They have been successful in the past with integrating group homes into the community. The proposed 0 building will be a benefit to the neighborhood. Mike Kelly, Director for Flathead Industries, spoke in favor, and based on their history of being good neighbors, feels it will be a plus to the neighborhood. No one else spoke in favor. The public hearing was opened to opposition to the project. Opposition Dean Rupe, 1215 7a` Avenue West, which is next door to a Flathead Industries group home. It was built last year, and is still unoccupied. We tried to be good neighbors, but I couldn't find out who was in charge of the building from the beginning. I am concerned for the people who are next door to this new group home. There is no one to contact. They put in over two feet of fill, and built three homes that were almost level with the street. The drainage runs directly down into our property. I contacted Mike Kelly and the City. We couldn't get answers from anybody. You should make the Flathead Industries accountable to somebody, and stop the construction when they mess up on the architectural drawings. The water is just sitting in the backyards of all these homes. We have never had flooding before. Last year was the first year we had any water in our basements. President Hash assured Mr. Rupe that the neighbors next to this proposal were notified of the pending proposal and one of the conditions of approval of this project that it would be developed in compliance with various agencies per the Kalispell Zoning Ordinance. Kennedy said that she has spoken with Mr. and Mrs. Rupe by phone and wasn't aware that you were continuing to have problems. I do know that part of your concerns had been resolved and that there were some contacts from the City and Flathead Industries. I will try to resolve this. I know that Flathead Industries have been good neighbors in the past, and that their intentions are to be good neighbors to you, as well. No one else spoke in opposition to the proposal. The public hearing was closed and opened to Board discussion. Board Discussion Kennedy stated that she has seen the new group home and it is a quality building. I am sorry that Mr. Rupe is still experiencing drainage problems, however, they have a long history of building quality developments. I feel the conditions address all my concerns. The Board were in agreement that the neighborhood would be enhanced by this building. 2 Lopp addressed the drainage issue mentioned at the other site. Both this year and last year have been unusually high water years. We usually require a site drainage plan. Motion Kennedy moved to adopt report #KCU-97-2 as findings of fact and recommend the conditional use permit be granted to Flathead Industries to allow a group home in the RA-1 district, subject to the four conditions. Conner seconded. On a roll call vote the motion carried unanimously in favor. KALISPELL The next public hearing was introduced on a request by Kalispell ASSEMBLY OF Assembly of God Church for a conditional use permit to allow an GOD CHURCH expansion of the church with an addition of approximately 14,672 square CONDITIONAL feet onto an existing 41,000 square foot building. The property is USE PERMIT / located in an R-3, Residential, zoning district which allows churches as a EXPANSION conditionally permitted. The property is located at 255 Summit Ridge Drive in Kalispell and is approximately 600 feet south of the southwest corner of Highway 93 North and Four Mile Drive. The entire parcel contains approximately 17.54 acres. The property can be described as Assessor's Tract 2XA in Government Lot 1 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County. Staff Report Wilson gave a detailed presentation of report #KCU-97-3. Based on evaluation of the necessary criteria, she recommended the conditional use permit be granted subject to 9 conditions. Questions Lopp asked about the potential of a traffic light at Summit Ridge Drive? Wilson responded that it was unlikely as there is a light at Grandview and Four Mile Drive, and there will be one at the proposed Buffalo Commons Subdivision which will come before this Board next month. The extension of Parkway Drive has been planned for some time. Public Hearing The public hearing was opened to those in favor of the project. Wilson read through the conditions of approval for the benefit of those in the audience. In Favor John Dyck, representing the church, said that they are in the process of addressing the recommended conditions, and have no problem, except for the 60 foot easement for the extension of Parkway. A fire access road had been constructed to the fire hydrant on the north. We are willing to work with the fire department. The building is concrete and so eliminates some of the high risk of fire. The paved access road on North Haven Drive, we are already working on that. It will provide access to the property and help eliminate some of the congestion we get on Sunday 3 n mornings. There shouldn't be much traffic turning north, as most of the / congregation goes into Kalispell after services. We think it is a good idea, especially with it gated, so that we can control access. The main problem we have is providing the 60 foot right of way for the extension of Parkway Drive. We are in the process of coming up with an overall plan for our 17 acres, and determining what we want to do. We would like time to think about it and work out alternatives. Peggy Christianson, 439 Grand Avenue, Bigfork, works on staff for the church was in favor of the proposal. I know a lot of families get serviced at the church, and if this gets stopped, a lot of potential teenagers would get in trouble. I think that asking a church to waive that much property rights [i.e. 60 foot ROW] and slow down the permit process, will be unfair. Terry Compton, 20 Appleway Drive, Kalispell, complained about the traffic on Highway 93 going 60 mph. Where are the police and highway patrol? The City of Kalispell could put "No Parking" signs along Summit Ridge Drive, and that would stop some of the parking problem they have. There are ways to make this work without the 60 foot easement. Iris MacCauley, 205 6 h Avenue West, Kalispell, said that they need street fights on that intersection turning into the church, as it is very dangerous at night or when it is raining. Wayne Worthington, 365 Summit Ridge Drive, stated that there is a parking problem up there. They have got to get their plans together so they know what is going on, and get the parking off of Summit Ridge Drive. There needs to be another access on the other side. The church has not worked with the subdividers as far as Parkway Drive or the subdivision back there. There are many things to be done to get this right. Stop the piecemeal planning. Linda Smith, 627 Parkway Drive, is in favor of the church adding on. My concerns are about the parking. Some days, there are so many cars parked along the roads, that a fire truck or ambulance cannot get through. There is not adequate parking, and a stop light at Summit Ridge would help. I do not think the problem will be solved by directing traffic through the existing subdivision and out. There is a fire hydrant across the street that is constantly buried by snow, and the fire department would not be able to get to it for our house or for the church. I can't continually call the police every time the road is blocked. If Parkway Drive is extended, it will increase traffic to the stop light. She �) submitted a letter and photos for the record. 4 Joe Nelson, 615 Parkway, runs a tow truck and does emergency towing for the police and sheriff departments. There have been times when they have functions at the church, that I have been blocked in and haven't been able to respond to a call. I have had to have the police department go tell them to move their cars. I live on the corner of Highway 93 and Parkway. We have no problem with the church, except for the parking mess. Cal Dyck, 104 Cougar Trail, Whitefish, had a concern with the 60 foot easement. I do the snow plowing up there, and it gets to be extremely tight with Parkway there with the road coming through. I know when we built that we could access on the east side to get down on Summit Ridge. We ended up putting parking lots across it because of the number of vehicles using the area. Rich Gunlickson, 729 Parkway Drive, approves all the conditions. The 20 foot road on North Haven Drive, they have balked on that before. I think Parkway Drive should be continued. It shouldn't be a dead end. He also submitted a letter which is part of the record. Doran Renfrow, 2071 Mission Way South, who has been attending this church for 11 years, said that in the early days North Haven was not blocked. At that time, we did not have the problems with parking on Summit Ridge because we had that access. Since it is blocked, it isn't convenient for anyone to park back there, If it were opened up, people would park there again. No one else spoke either in favor or in opposition to the proposal. The public hearing was closed, and opened to Board discussion. Board Discussion Conner agreed that there was a health and safety issue with regards to the parking problem up there, if some one needs to get through in a critical situation. Kennedy asked who blocked North Haven? Wilson replied that she understood that the church and the neighborhood was having problems with people using that as a shortcut, it wasn't paved and there was a lot of dust. It was blocked by the residents, the City of Kalispell and the church. John Dyck, said that the City closed that access. They pulled out the culvert and closed it off. What happened in the past is that teenagers from the subdivision would just rip through that parking lot, way too 5 fast, and it was a safety issue, especially with the day care there. When it `—� is gated would be up to the church administration. Kennedy had problems with a gated access. Wilson would recommend gating it when the church is not in use. When Parkway Drive is available it will be used. A private parking lot should not be used as public right of way to Four Mile Drive. Kennedy thought that the church should do everything they can to police the problem internally, knowing that it is an issue, and park on the church property. If they do gate North Haven Drive, then we need Parkway Drive. Mr. Dyck asked for time to work out this issue with Parkway Drive, and I know it is not news to this church that the City of Kalispell has been talking about the extension of Parkway for a long time. There has been time to work on this issue. I agree that the development of Parkway Drive should not be borne solely by the church. It would be a benefit to the community, at large. Carlson commented that it was a condition of approval for Sunrise View Subdivision that the owner have a second exit to a proposed right of way on the church property which was to be worked out with all parties. C� There was discussion on Parkway Drive. Wilson pointed out that until the church dedicates the connection between the two points, the roadway cannot be constructed. Brenneman felt it was tenuous to require the 60 foot right of way of the church which effectively eliminates the west end of their lot and their possibilities of using the property they own. Lopp reminded the Board that it has always been the intention to provide Parkway Drive as a parallel to Highway 93 to facilitate the flow of traffic. Considering that the 20 foot paved access on North Haven is private, gating it is a safety issue. There needs to be both public and private access around the church. There was considerable discussion on the parking, the gated access and the extension of Parkway Drive. Lopp wanted to add recommendation #10: "That the required parking spaces be verified and made available on a year round basis." #7 was modified to strike the word seek and replaced with enter into. These amendments were agreed to by consensus of the Board. 6 (=� Motion Lopp moved to adopt staff report #KCU-97-3 as findings of fact and recommend to City Council the conditional use permit be granted to Kalispell Assembly of God Church for an expansion, subject to the conditions set forth in the report, with the addition of #10: Required 12arkin be verified and made available on a Rear round basis, and that #7 be amended to strike seek and replace with enter into. Kennedy seconded. On a roll call vote, Hash, Carlson, Brenneman, Sanders, Lopp, Kennedy and Conner voted aye. PRESTIGE CARE The next public hearing was introduced on a request by Curry Brandaw CONDITIONAL Architects on behalf of Gene Lenz and Ray Lembke, dba Prestige Care, USE PERMIT / Inc., for a conditional use permit to the construction of a 44 unit personal PERSONAL CARE care facility to accommodate elderly residents who require assistance FACILITY FOR THE with daily living activities. The property is located in an RA-1, a Low ELDERLY Density Residential Apartment, zoning district which allows personal care facilities as a conditionally permitted use. The property is located between Meridian Road and Glenwood Drive approximately 200 feet north of Two Mile Drive. Staff Report Wilson gave a detailed presentation of report #KCU-97-4. Based on evaluation of the necessary criteria, staff recommended the conditional use permit be granted subject to nine (9) conditions. Public Hearing The public hearing was opened to proponents of the project. In Favor Wayne Worthington, 365 Summit Ridge Drive, was in favor of the project. However, he had concerns with the site plan that had a broad expanse of undeveloped land that was not planned for in the initial design. What is going to happen there in the future? Marcus Hyde, Curry Brandaw Architects, explained their project. There will be walking paths all around the building. All the rooms are ADA adaptable and meet the requirements for the Fair Housing Act. The building will fit in with the neighborhood. There being no other speakers either in favor or in opposition to the project, the public hearing was closed, and opened to Board discussion. Board Discussion There was discussion on sidewalks in the area. Gateway Orchard Villas has sidewalks on the west side of Glenwood Drive. There would be room in the right of way to install sidewalks. There is a identified problem with drainage in the area and the Board felt that an onsite drainage plan be submitted to the Public Works J Department for approval. Condition #5 was modified to include that "A 7 drainage plan addressing on site drainage and the driveway..." The split zoning of RA-1 .and B-1 on the L-shaped piece of property was discussed at length. Hash had concern regarding the uses in B-1 zone adjacent to a home for the elderly, keeping the area more residential rather than commercial to help keep their home environment more peaceful. Staff has recommended a boundary line adjustment to eliminate the split zoning on the site, and landscaping on the north, east and south boundaries. The B-1 zone is Neighborhood Business, which may be a better neighbor to this type of development than the RA 1. There is a lot of traffic on Meridian, regardless of the zoning. The purpose of the boundary line adjustment is to delineate two separate pieces of property, to be considered as two separate projects. Motion Conner moved to adopt report #KCU-97-4 as findings of fact and recommend City Council grant the conditional use permit subject to the nine (9) conditions with #5 amended to include an onsite drainage plan, and spelling correction in #6. Kennedy seconded. On a roll call vote Brenneman, Conner, Hash, Carlson, Sanders, Kennedy, and Lopp voted Uaye. The motion carried unanimously. OLD BUSINESS Wilson gave an update on County Commissioners action on the Stoneridge Subdivision. The Commissioners changed the conditions to require hook up to City sewer, because there are concerns about high groundwater in the area. NEW BUSINESS As agreed, there will be a 6:00 p.m. work session on the Master Plan update prior to the regular planning board meeting. ADJOURNMENT The meeting was adjourned at 10:00 p.m. -C I I C�L Theses Fox Hash, President /�Iiz eth Ontko, Recording Secretary APPROVED: 6w /3 9