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05-13-97KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING MAY 13, 1997 Work Session / There was a scheduled work session at 6 p.m., prior to the regular Update of Master meeting of the Planning Board to review and provide input on the Plan ongoing process of updating the Master Plan for the Kalispell planning jurisdiction. 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 7:04 p.m. by Vice - Chair Kennedy. Board members present were Robert Sanders, Milt Carlson, Joe Brenneman, Robert Lopp, Walter Bahr, Jean Johnson and Pam Kennedy. Absent were Mike Conner and Therese Hash (excused). The Flathead Regional Development Office was represented by Steve Kountz, Senior Planner and Narda Wilson, Senior Planner. There were approximately 16 people in the audience. APPROVAL OF The minutes of the meeting of April 8, 1997 were approved as written on MINUTES a motion by Bahr, second by Carlson. All members present voted aye. TACKETT ZONE The first public hearing was introduced on a request by Gary and Julie CHANGE / Tackett for annexation into the city of Kalispell and initial zoning of R-3, COUNTY R-3 TO a Residential zoning district. The property is currently located in the CITY R-3 County jurisdiction and is zoned R-3, a Limited Residential zoning district. The property is located on the east side of Eighth Avenue East North between Washington Street and Oregon Street. The property address is 375 Eighth Avenue EN, in Kalispell. Staff Report Wilson gave an overview of report #KA-97-2, which evaluated the request to be zoned City R-3 upon annexation into the city of Kalispell, and recommended the request be granted. Public Hearing The public hearing was opened. No one spoke either in favor or in opposition to the zone change request. The public hearing was closed and opened to Board discussion. Motion The motion to adopt staff report #IAA-97-2 as findings of fact and forward a favorable recommendation to City Council to grant the zone change request from County R-3 to City R-3 upon annexation, was made by Bahr, seconded by Lopp. On a roll call vote, the motion carried 7-0 Gin favor. 1 HENRY ZONE The next public hearing was on a request by Carver Engineering on CHANGE / FROM behalf of Ronald H. Henry, Trustee for a zone change from R-2, R-2 TO R-3 Residential, to R-3 Residential, to allow a five foot side yard setback rather than a ten foot side yard setback on eight lots which total approximately one acre. The property is located between Woodland Avenue and Dry Bridge Park, north of Albina Street on the west side of Memory Lane in Kalispell. Staff Report Wilson gave a detailed presentation of report #KZC-97-1. The eight lots in question were created in 1946 prior to zoning, subdivision regulations and health regulations, and are therefore exempt from the minimum lot size requirements for on -site sewage treatment systems, and lot width requirements for R-3. The site is currently vacant, and the zone change would allow slightly more flexibility in siting a home. The applicant requested a variance from the side yard setback requirements, which was denied, as it could not meet all the criteria for granting a variance. The evaluation of the zone change request was evaluated in accordance with statutory criteria, and staff recommended approval. Public Hearing The public hearing was opened to those in favor of the proposal. O In Favor Ron Henry, the developer of the subdivision, stated that Narda did an excellent job of presenting the information. When we started the subdivision, we were informed that it was R-3. We spent a considerable amount of money putting in underground utilities, water, paved the streets, put in curbing and improved the neighborhood. The reason for the zone change request is so we can build better homes. We will build this year, but do not want to be limited to 20 feet which you can't build much of a home. Maybe a manufactured house, which usually is not the best for a neighborhood. I bought it because it is really a pretty spot, and my intention was to build nice homes. Trying to do that with 20 feet doesn't work very well. No one else spoke in favor. The public hearing was opened to those opposed. Opposition A letter was read into the record from Marian and Kevin Ellison who were opposed to the zone change request. No one else spoke in opposition. The public hearing was closed and it was opened to Board discussion. Board Discussion Johnson, who sat on the Board of Adjustment, explained why their variance request had not been granted. The necessary criteria could not be met. The underlying reason was there were alternatives available to 2 the developer that were economically feasible. It was pointed out that other lots in the area were 50 feet wide and did not meet the lot width and size requirements for R-3, and it is possible that those homes were not built with a 10 foot setback. Mr. Henry was asked to elaborate on the cost of extending city sewer. He preferred extending sewer, but it was not economically feasible, as it was about $130,000. It requires a lift station. They are approved for a mound septic system. I waited to see to if the City would enter into an agreement, buy they have no plans of extending sewer to this area. So, sewer extension would just kill the project. I wouldn't want to, but we would have to build there, as cheap as we could, maybe a manufactured home. I think it is too pretty of a place to do that. Lopp handed out an article from the April 25` l Daily Inter Lake, which brings up one of the issues about side yard setbacks, is the effect it has on public safety. [The article referred to "an errant ember" which caused an adjacent home with a metal roof to catch on fire] Residential lots of 35 to 50 feet used to be standard across the county. Things have changed. I am opposed to putting houses closer together than what R-2 zoning requires. Since the lots are vacant, that opens the opportunity for the O developer to redesign the plat which meets the R-2 zone. It seems okay to violate our regulations because this is an old subdivision. Wilson responded that meeting the R-2 density requirements would not be an option. If he were to do a boundary line adjustment, then he would come under the sanitation regulations and would probably end up with only two lots in the subdivision. They have already been approved for on -site sewage treatment system. There are currently 7 approved building sites. There would be no incentive for him to go in and create larger lots to comply with the zoning. He is not in violation with any regulation. He complies with the current subdivision and sanitation laws. The request does not change the density in the area. Mr. Henry asked to be recognized to address Lopp's concern. He said he had looked into complying with the R-2 zone, but it would wipe out all the lots, and this would just be a better situation. Wilson pointed out that this project went to the Site Review Committee, and there were no problems with the fire chief Carlson was uncomfortable with the request, for a denser zone that what U was originally intended for the area, and that others in the area have complied with. 3 Motion Bahr moved to adopt FRDO staff report #KZC-97-1 as findings of fact and forward a recommendation to City Council to approve the zone change request from R-2 to R-3. Brenneman seconded. On a roll call vote Bahr, Brenneman and Sanders voted aye. Johnson, Lopp, Carlson and Kennedy voted no. The motion was defeated on a 3-4 vote. PREVIE The next public hearing was introduced on a request by Prime COMMERCIAL, Commercial on behalf of First X Realty LP for a zone change from 1-2, ZONE CHANGE / Heavy Industrial, to B-2, General Business on 2.29 acres. The property FROM I-2 TO B-2 is located on the southwest corner of Montclair Drive and East Idaho (Highway 2 East). The property address is 1029 and 1031 East Idaho in Kalispell. Staff Report Wilson gave a detailed overview of report #FZC-97-3. The application was evaluated in accordance with the statutory criteria and based on those findings, staff recommended the zone change be granted. Public Hearing The public hearing was opened to those in favor of the request. In Favor Cary Dunn, architect representing Prime Commercial, based in Salt Lake O City, who does a lot of work for Office Max in the intermountain west. We believe this would be in the interests of the community for this property to move from industrial to commercial as recommended by the Master Plan. The corner is very highly visible from either east or west. 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 Kennedy asked about requiring landscaping for the property? Wilson replied that, in the past, the Board has not attached conditions to a zone change. The zoning requirements would address the development of the site. Carlson felt this was a good infill development for the area. Motion Lopp moved to adopt FRDO staff report #FZC-97-3 as findings of fact, and based on the findings recommend to the County Commissioners that the requested zone change be granted from I-2 to B-2. Carlson seconded. On a roll call vote, the motion carried unanimously. BUFFALO The last public hearing was introduced on a request by Montana Planning r COMMONS Consultants on behalf of Northwest Healthcare for preliminary plat PHASE I / PUD approval of Buffalo Commons Phase I, a 31-lot single-family residential 4 PRELIMINARY subdivision containing approximately 14.40 acres from an approximate PLAT 70 acre mixed use Planned Unit Development known as Buffalo Commons. The area is located on the east side of Highway 93 North and on the north side of Heritage Way. Staff Report Wilson gave a presentation of report #KPP-97-1. This is phase I of the approved Planned Unit Development for Buffalo Commons. Based on staff evaluation, it is found to be in substantial compliance with the necessary review criteria, and recommended the preliminary plat be granted subject to 10 conditions. Disclosure Carlson informed the Board that he is an adjacent property owner and has no interest in this project, nor would he get any benefit from it. Public Hearing The public hearing was opened to those in favor of the project. In Favor David Greer, Montana Planning Consultants, representing Northwest Healthcare as a land use planner, gave an overview of the history of where we came from and where we are going with the Planned Unit Development. Northwest Healthcare purchased approximately 70 acres from Developers Diversified for the option to expand any future health care facilities, and wanted to make sure that anything built was compatible with the medical facilities and adjoining residential properties. The PUD was approved in June 1995. As part of the process, we identified four land use themes, and five phases of development. The engineering plans for the infrastructure are near completion, and hope to have all construction of the public improvements for four phases by this fall. Phase I is for a single family residential development, with an average lot size of over 11,000 square feet. The minimum lot size requirement is 7,000 square feet, so we are meeting the intent of the PUD approval. We have no problems with any of the conditions. Tom f-ax, CEO for Northwest Healthcare and lives in Juniper Bend, so is also a neighbor, as well as involved from the hospital perspective. Our Board of Trustees is very excited about this project. We see community benefit with the design of the project. We have invested a fair amount of dollars in the purchase of this property and we need to bring those dollars back to invest in medical care. We see that as a major benefit to the community. Brent Hall, 1595 Creekside Drive, Kalispell, a Board member for the hospital, was on the planning commission when this project first started. I sat through many meetings where we fought with Developers Diversified, and fought with the neighbors, and finally came up with a Planned Unit Development. I think it is ideal for that location. With Mr. 5 Greer's help, things have been done right. This is going to be a very beneficial project for the city of Kalispell. No one else spoke in favor of the project. The public hearing was opened to opponents of the project. Opposition Coe Peters, 340 Grandview Drive, opposed the number of lots that will have their backyards next to their place, where there was a vacant field. It will be quite an impact on us. She questioned the number of school age kids from this project. With 31 houses, there would be a need for at least three schoolrooms, and an extra bus. It has been a quiet neighborhood for the last 40 years, and I hate to see 31 houses stuck in my back door. Julie Or ime,121 Ridgeview Drive, which adjoins this development. I also have concern about the number of small lots next door, and the impacts to the school from the kids. It was a quiet neighborhood. She wanted Ridgeview Drive to remain a cul-de-sac. No one else spoke in opposition. The public hearing was closed and opened to Board discussion. Board Discussion Kennedy pointed out to those in the audience, that this project has been in the works for many years. The hospital has gone through many steps in getting to this point. Carlson stated that the original PUD was designed to bring out the best performance with the surrounding neighborhood. Phase I more than meets the requirements for the City RA-1 zoning, so it is fully in compliance. Although the lots are not as large as those on Ridgeview Drive, they still are much larger than the minimum size for RA-1. It is a very good job of conforming with the existing neighborhood. The transportation will be enhanced throughout the entire area. I see it as an upgrading of the entire area, since I live there and have to look at it. Lopp commented that being a senior member of the Board, he applauded Northwest Healthcare for continuing the relationship with David Greer. It lends a sense of security for us in the planning process, that more than adequate thought has gone into the process. Often, when there is a disparity in lot size with the adjacent land, we condition it with some type of screening. Carlson noted that it might be in the best interests of the property owners to put up a fence or landscape screen. He passed around photos of the view to the east of the proposal. 6 Motion Bahr moved to adopt staff report #KPP-97-1 as findings of fact and forward a favorable recommendation to City Council to approve the preliminary plat for Buffalo Commons Phase I, subject to the 10 conditions set forth. Carlson seconded. On a roll call vote all Board members present voted aye. The motion carried unanimously. OLD BUSINESS Under old business, Carlson submitted photos of Juniper Bend, showing the portion which is in the 100 year flood plain. It is under water for the third time in six years. There was no other old business. NEW BUSINESS A memo from Narda outlining the work program for the upcoming fiscal year was reviewed and discussed. Lopp stressed that Evergreen leadership be involved with the planning process, so that they can feel some ownership in the master plan and to help alleviate some of the animosity. The highway corridor development standards were discussed. Staff was directed to draft a letter to the County Planning Board, since the jurisdictions overlap, requesting that they also look at highway corridor standards as part of the county work program for the coming year. Kennedy spoke about the need for cooperation with the county, that the community is small enough that we all overlap. If the Evergreen area had some highway development standards, it would be nice to have the same requirements as the City of Kalispell, so that we can have some assurances. Kennedy gave an update on what is happening with the City's redevelopment plan. Carlson had copies of the Flathead Gauges for purchase. ADJOURNMENT There being no other business to discuss, the meeting was adjourned at 9:00 P.M. I _ Va.inefa J.B. Ke edy, Vice-Presiden Eliz'aheth Ontko, Recording Secretary I( � APPROVED: 6W C&AW f