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07-14-98KALISPELL CITY -COUNTY PLANNING- BOARD . - AND ZONING COMMISSION NIINUTES OF MEETING July 14, 1998 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 6:05 p.m. Board members present were Jean Johnson, Rob Heinecke, Milt Carlson, Walter Bahr, Therese Hash, Don Hines, Gregory Stevens, and Don Garberg. Joe Brenneman was absent (excused). The Flathead Regional Development Office was represented by Narda Wilson, Senior Planner and Koen van Waes, FRDO Planning Intern. There were approximately 15 people in the audience. APPROVAL OF The minutes of the meeting of June 9, 1998, were corrected on pages 6, MINUTES 7, 9 and 11 to reflect correct name spellings. The minutes were approved as corrected on a motion by Bahr, second by Carlson. PRESENTATION Koen van Waes FRDO Planning Intern, gave a presentation regarding the Kalispell Bike and Pedestrian Plan and submitted a final report to each of C� the Board members on the plan. van Waes worked in a combined internship for both FRDO and Citizens For a Better Flathead. Clarification was made regarding that there would be a public hearing on the bike and pedestrian plan as part of the Master Plan. Mayre Flowers of Citizens For a Better Flathead made a brief presentation of small gifts of appreciation for van Waes efforts. CHARLES W. The first scheduled public hearing was introduced on a request by MASON, DDS / Charles Mason for preliminary plat approval of Buffalo Stage BUFFALO STAGE Professional Park a 3.025 acre subdivision containing a total of eight PROFESSIONAL condominium lots. The subdivision is located on the southwest corner of PARK / Whitefish Stage Road and Bruyer Way in Kalispell and is zoned R-5, PRELEVIlNARY Residential / Ptofessional Office. PLAT Rob Heinecke excused himself from this public hearing due to a conflict of interest, as he did the drafting on the project and would be speaking in favor of it. Staff Report Wilson gave a detailed report of report #KPP-98-1. The application was evaluated in accordance with the necessary statutory criteria. Wilson noted that Dr. Mason went before the County Board of Adjustment Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 1 Of 9 about a year ago for a conditional use permit for four (4) duplex units on this property. The conditional use permit was granted. The property owner has donated a 10' bike and pedestrian easement along the eastern boundary of the property which is part of the Edgerton School trail that is being developed. Wilson explained this proposal requires a variance from the subdivision regulations due to Lot 3B not having an access to a public or private street. Justification for recommendation of approval was the design being acceptable under both a condominium and an overall development plan. Staff recommends the variance to the subdivision regulations be granted and that the planning board recommend approval of the preliminary plat subject to fourteen (14) conditions. Wilson answered questions regarding the adequate roadway and fire suppression Public Hearing The public hearing was opened to those in favor. of the application. In Favor Rob Heinecke, 307 Ponderosa Street, spoke in favor of the project. He asked that condition #11 be removed. The trees next to the access are too close to the road, and would be blocking the vision for cars. The trees will be moved back to the island which will be landscaped. If is Opart of the requirement for the subdivision, then someone else could take care of that, but Dr. Mason wouldn't have to. Condition #7, the Uniform Fire Code is spelled out, but why should he be required to do more that what is in the regulations? This turnaround may be required, and that kills the plan. As I see it, if there is a fire, they would park in front, and when the fire is taken care of, they can put the truck in reverse and back down the road. Charlie Mason, the applicant, addressed the conditions he would like changed. Condition #11, regarding the trees. This condition was in the conditional use permit, as well, but it was prior to Buffalo Stage Phase III being annexed. At that time, that property belonged to the developers, and I thought that was a condition being placed on the developers of Phase III, and is owned by them. The 5-foot boulevard is not a requirement for Buffalo Hill Stage III, and I would request that it not be a requirement for this subdivision, as well. I don't think it would be aesthetic to have trees for just 300 feet on that road. We will have plenty of trees, but would prefer to put them inside the lot as part of our landscaping scheme. It is only a 5-foot boulevard, and there is a possibility that as they grow and mature, it would cause problems with Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 2 of 9 (7) the sidewalks. I would ask that you delete that condition. No one else spoke either in favor or in opposition. The public hearing was closed and opened to Board discussion. Board Discussion The applicant's concerns about the conditions were discussed. The fire requirements were clarified and it was agreed that condition #7 be left in. There was considerable discussion on the landscaping requirement, and how the county regulations compare to the city's requirements. There was a majority of the Board in favor of deleting condition #11. Motion Bahr moved to adopt the findings of fact in report #KPP-98-1 and grant preliminary plat approval for Buffalo Stage Professional Park subject to the conditions set forth, deleting condition #11. Stevens seconded. On a roll call vote Bahr, Garberg, Hines, Stevens and Johnson voted aye. Carlson and Hash voted no. The motion carried 5-2. Heinecke returned to the Board. O'NE1L ZONE The next agenda item was introduced on a request by Ivan and Marian CHANGE / FROM O'Neil for a zone change from RA-1, Low Density Residential RA-1 TO B-2 Apartment, to B-2, General Business for property located on the east side of Third Avenue East, north of Western Ace Home Center and east of the Outlaw Inn. Staff Report Wilson gave a presentation of report #KZC-98-2. The application was evaluated in accordance with the necessary criteria and was recommended for approval. Public Hearing The public hearing was opened to those in favor. In Favor Ivan O'Neil, owner / applicant, purchased this property with the idea of expanding Western Building Center, as well as apartment buildings, which I think is a nice addition to the area. I think the best use for this undeveloped piece is for business. No one else spoke in favor. The public hearing was opened to those opposed. Opposition Ardele Gendreau, 1437 4t' Ave East, addressed the roads. We strongly object to opening up 4`h Avenue East, which is a dead-end street. This �) Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 3 of 9 was zoned for apartments and it is a good area for apartments. We strongly object to commercial zoning. This would cause one person's property to increase in value, and ours would decrease. It would bring more vandalism, noise and traffic. This is a very swampy area, ,and Mr. O'Neil would bring in fill and cause us water problems. Etta Hill, 1428 4 h Ave East; feels this would impact me. I am concerned about the same things that Mrs. Genfreau is. We have enough businesses in this area. Apartments make a good buffer. I am also concerned about our property values and the water table. We have had problems with others who have put in fill and it pushes the water closer to us. We have a nice quiet neighborhood on a dead end street, and do not want a lot of traffic. We do not want to extend 0' Ave East. We feel the zoning should be left as it is. William Miller, 1444 4a' Ave East, had concerns about the water. Development of that property will require bringing in fill, and I already have lots of water on my property. It would cause my septic system to fail. It is a quiet area down there, I like it and I plan to stay in my house. Putting in a business changes the property values all down the road. I am a general contractor and buy my lumber from this guy, but that doesn't mean I want to cut my own throat. I strongly oppose the zone change. No one else spoke in opposition. The public hearing was closed and opened to Board discussion. Board Discussion There was considerable discussion on the road system in the area, and the concerns of the neighbors about the extension of e Avenue East, as well as on the anticipated amount of traffic generated from the development of this property. Garberg wanted it noted on the record that he disagreed with the findings of fact, criteria 92, and felt that the road system in the area may not adequately accommodate additional traffic which might be generated from development of the property. He had no problem with changing the property to commercial zoning, but felt there were inadequate roads in the area. Motion Carlson made the motion to amend the last sentence under the second criteria in the findings of fact in report 9KZC-98-2 to read: "Additional traffic which might be generated from the development of this property could currently be margin allX deguately accommodated by the road Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 4 of 9 system in the area." Garberg seconded. On a roll call vote the motion carried on an unanimous vote of 8-0 in favor. Discussion Discussion resumed on the storm water drainage problems in the area, and how it would be addressed. Stevens addressed the neighbors' concerns about noise, traffic, vandalism, dogs, etc. that based on his personal experience, an apartment complex would increase those nuisances much more than a commercial use; which has set hours of operation during the week. There isn't the noise and traffic at night or on weekends like with a residential use. He understands the fears, but thinks they may be unfounded. Motion Bahr moved to adopt the findings of fact as amended in staff report #KZC-98-2; and recommend the requested zone change from RA-1 to B-2 be granted. Stevens seconded. On a roll call vote Stevens, Garberg, Heinecke; Bahr, and Johnson voted aye. Hash, Carlson and Hines voted no. The motion carried on a vote of 5-3 in favor. MONTESSORI On the next agenda item President Hash declared a conflict and stepped SCHOOL / down from the Board. CONDITIONAL USE PERMIT Vice -Chair Carlson introduced the public hearing on a request by Kalispell Montessori Center, Inc., for a conditional use permit to allow a house to be converted as part of the existing Montessori school to the east. The property is zoned RA-1, Low Density Apartment and is located at the west end of Park Hill. Staff Report Wilson presented an overview of report #KCU-98-6. Evaluation of the application resulted in approval of the conditional use permit subject to five (5) conditions to help mitigate impacts to the neighborhood. Public Hearing The public hearing was opened to those in favor. In Favor Charles Harball, school board member and officer of the corporation, addressed the parking situation. There is currently adequate parking and we have engaged an architect to develop an overall plan. We are experiencing a similar situation that all the private schools are experiencing in that more parents are choosing to keep their children in private schools longer rather than put them in public schools. So, we have an immediate need for more space in the 1" through 6t` grades. The Welders designed their home with the future possibility of expanding the Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 5 of 9 school. He explained their plans for expansion. The actual impacts to the neighborhood would be negligible with an increase of 10-12 students. We will comply with any requirements of the city. Tere Hash, 490 Kookinsint Trail, her children attend Montessori school and her daughter would start her classes in the Welder residence. I am in favor of the proposal and when it is no longer a residence, the site provides ample space for any additional staff parking. The turn around drop off system works well. My children started in pre-school and will continue on through the 6 h grade, so am in favor of the addition. No one else spoke in favor. The public hearing was opened to those opposed. Opposition Beverly Hubbard, 334 College Ave, just across the road from the Montessori School, does not agree that the neighborhood has not been impacted, and that it will continue in a negative way. I feel the parking is very inadequate and the amount of traffic on our street is too much. When I bought my condominium 20 years ago, Terry and Sally had one - building, lived- upstairs in their apartment and had a day care below. There was not -a lot of traffic. It kept growing and expanding and -the traffic kept increasing. The parking has stayed the same and the road has not changed. We have seen cars stacked 3 deep and have had difficulty getting out of our carport, or they park in our carports. People park or drive across -our lawns. I've given up -on keeping the edge of my lawn nice. I thought I could live with the school being as big as it is, but they are going to expand even more, and it will be difficult for me to sell. I am wondering why the Welders are selling their- home, which was a private residence when they bought it, and are not looking at the vacant lot to the north. Every Wednesday they block off the street so the children can ride their bicycles. It is not fair to the other residents on our side of Park Hill- Road. They have a large playground. I wish they would keep the children in the fenced area. Laura Gerard; 332 College Ave, added that the parking is extremely inadequate. I am in the first condominium on the corner, directly on their parking lot. From 11:30 to 5:30 p.m. it is quite dangerous for me to - back out -of my carport. The cars park on lawns and in front of mailboxes: I watch toddlers walk between cars while their mothers are talking. I have witnessed an accident, and 30-40 cars parked there when something is going on at the school. It is impossible to get out of our driveway. Do something about the parking before allowing more Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 6 of 9 (� children in the school. No one else spoke in opposition. The public hearing was closed and opened to Board discussion. Board Discussion Stevens asked if this school has an existing conditional use permit? The application is not for an expansion, it is for a conditional use permit. What were the conditions and requirements for parking on that permit? It was clarified that a conditional use permit was granted for the school, which is allowed as a conditional use in the RA-1 zone. It is not an expansion of a non -conforming use. There was considerable discussion on the parking, traffic, pick-up and delivery problem there, now. Additional growth will further that impact in a limited access area. There is concern about the safety of the children as well as the neighbors being able to enjoy their property without their lawns being driven on and driveways blocked. Bahr could not support the expansion without a better solution to the parking problem. Garberg said he lived on College Avenue for three years and did not see the school as a problem, although agreed with the parking and congestion issues. The problem already exists, so did not see that an extra 20 :students would increase that. Wilson suggested tabling the matter until further research can be done on the conditional use permit for the entire project and look at the cumulative effects of the school. Charles Harball addressed the questions the Board had about parking, and alternative solutions which they have explored. They did not have time to wait another month. Motion Bahr moved to adopt staff report #KCU-98-6 as findings as fact, and forward a recommendation to the City Council to grant the conditional use permit subject to conditions in the report. Stevens seconded. On a roll call vote Garberg, Heinecke, Johnson, Hines, Bahr, Carlson, and Stevens voted aye. Hash returned to the Board. (J Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 7 of 9 WESTERN The next public hearing was introduced on a• request by Western CATERING dba Catering, Inc. d.b.a. Magic Diamond Casino for a conditional use permit MAGIC DIAMOND to allow the expansion of an existing casino in the Cavanaugh's lobby by CASINO / approximately 1,000 square feet. The property is zoned B-4, Central CONDITIONAL Business District and is at the east end of the Kalispell Center Mall. USE PERMIT Staff Report Wilson gave a presentation of report #KCU-98-5. The application was evaluated in accordance with the necessary criteria and staff recommended three conditions of approval when granting the conditional use permit. Public Hearing The public hearing was opened to those in favor. In Favor John Webster, representing the applicant, explained their application. They wish to add a restroom facility and kitchen area to their existing business operation. He was available to answer questions. No one else spoke either in favor or in opposition. The public hearing was closed and opened to Board discussion. Motion Bahr moved to adopt staff report #KCU-98-5 as findings of fact and forward a favorable recommendation to the city council granting the conditional use permit subject to the conditions set forth. Johnson seconded. On a roll call vote the motion carried 8-0 in favor. COMMISSIONER The next public hearing was introduced on a request initiated by the INITIATED ZONE Board of County Commissioners for a zone change from AG-40 to CHANGE / AG-40 SAG-5 on approximately 120 acres in the Foys Lake area generally west TO SAG-5 of the intersection of North Foys Lake road and Daley Lane. Staff Report Wilson gave a presentation on the background and an overview of report #FZC-98-5. The statutory criteria for a change in zoning was evaluated, and the zone change recommended for approval. An adjacent property owner called FRDO and expressed concern regarding the roads and access. Public Hearing The public hearing was opened to those in favor of the zone change. In Favor Daniel Pearce, 225 Newsom Lane, acknowledged that this has been a time consuming endeavor. At the onset of this request, one property Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 8 of 9 owner Jerry Fitzwater, sent a letter in opposition. I have explained the proposal to him and addressed his concerns. He is no longer in opposition. Pearce submitted seven letters in support out of the eleven property owners in the area, in addition to support from the local fire chief. I am in support of the zone change. No one else spoke either in favor or in opposition. The public hearing was closed and it was opened to Board deliberation. Board Discussion Carlson commented that when this request came in for a single property, Mr. Pearce did an exemplary job of clearing the property in compliance with the state wildfire regulations. The area to the west is still a high risk fire area, as is the property adjoining Mr. Pearce's property. There were no further comments. Motion Stevens made the motion to adopt staff report 9FZC-98-5 as findings of fact and recommend to the Board of County Commissioners that the requested zone change from AG-40 to SAG-5 be approved. Hines seconded. On a roll call vote Garberg, Heinecke, .Hash, Carlson, Bahr, Stevens, Hines, and Johnson voted aye. The motion carried unanimously. UNEW BUSINESS There was no new business. OLD BUSINESS The letter from Russ Crowder was scheduled under old business. Given the late hour, it was moved to next month. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:41 p.m. Therese Fox Hash, President 1sa Simmer, Recording Secretary APPROVED: 0,4 �/l Kalispell City -County Planning Board Minutes of Meeting of July 14, 1998 Page 9 of 9