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11-10-98KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF THE MEETING OF NOVEMBER 10, 1998 CALL TO ORDER AND The meeting was called to order by Vice President Milt Carlson at 6:05 ROLL CALL p.m. Members present were Milt Carlson, Rob Heinecke, Walter Bahr, Gregory Stevens, Jean Johnson and Don Hines. Members absent and excused were Therese Hash and Joe Brenneman. Members absent and not excused were Donald Garberg. Steve Kountz, Senior Planner, represented the Flathead Regional Development Office. There were approximately 43 people from the public in attendance. APPROVAL OF The minutes of the meeting of October 20, 1998 were approved as MINUTES amended on a motion by Bahr and second by Johnson. Stevens said that on page 8, the 2nd paragraph, he had said DeJana didn't get chance to rebut opponents not the Board. Heinecke said a roll call vote was not recorded by name and that the names should be shown in the next minutes. All members present voted aye. CARLSON Carlson explained the conservation easement process to the board CONSERVATION members. Carlson introduced a request by Milt and BJ Carlson for a EASEMENT proposed 6.7 acre addition to an existing conservation easement located between Grandview Drive and the Stillwater River which would bring the total easement to 26.1 acres. Staff Report Kountz presented Staff Report FCE-98-5 saying the easement was to add 6.7 acres to an existing conservation easement, and would include the house, outbuildings, and pasture. Kountz said it was an important wildlife habitat and irrigation system. Staff recommended that the Board find the easement would further the goals of the Kalispell City -County Master Plan and endorse the easement. Discussion and Stevens asked about the rivers policy in the easement. Carlson said Recommendation the Stillwater river backs up and fills up that area six months out of the year. Heinecke asked about the deed and who the easement would go to. Carlson said the easement is filed with the city or county clerk and recorder and the easement then accompanies the deed in the future. The responsibility of the Land Trust is to monitor and maintain the conditions of the easement. Heinecke had questions on page 10 regarding the language of grantees and grantors, taxes, deeds, and whether there would be any taxes generated from the conservation easement. Carlson said there would not currently be any additional taxes generated by the conservation easement, but could be in the future and if so they would fall on the Flathead Land Trust, not the owners. Motion Bahr moved that the Planning Board find that the conservation easement would further the goals and policies of the Kalispell City County master plan and that the Board authorize the Planning } Director to act on their behalf by stating to the Flathead Land Trust J that the conservation easement will further the goals of long range Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 1 of 10 planning and that the Planning Board supports the easement. Johnson second. On a roll call vote; Heinecke, Bahr, Stevens, Johnson, and Hines voted aye; Carlson abstained. The motion to approve Staff Report FCE-98-5 passed on a 5-0 vote. PISK Carlson introduced a request by Greg Pisk for a proposed 97 acre CONSERVATION conservation easement located along Foys Lake Road and Lakeshore EASEMENT Drive west of Kalispell. Staff Report Kountz presented Staff Report FCE-98-6 stating the conservation easement would be for approximately 97 acres located along Foys Lake Road and Lakeshore Drive, surrounding and including Lower Foys Lake. Kountz said staff recommended that the Board find the easement would further the goals of the Kalispell City -County Master Plan and endorse the easement. Discussion and Kountz said a letter from received from James Hansz addressed Recommendation potential conflicts or inconsistencies in the easement itself, not the master plan. Heinecke asked if the easement were adopted whether it would go to the City Council. Kountz said no, only the Planning Board will look at it and make a recommendation on whether it complies with the master plan. Kountz said editing changes within the easement will be made by Montana Land Reliance. Motion Bahr moved that the easement would further the goals of the Kalispell O City -County Master Plan and that the board authorize the Planning Director to act on the Board's behalf by stating to the Montana Land Reliance that the conservation easement will further the goals of long range planning and that the Planning Board supports the easement. Heinecke seconded the motion. On a roll call vote; Carlson, Garberg, Heinecke, Bahr, Stevens, Johnson and Hines voted aye. The motion passed on a vote of 6-0. Mr. Carlson requested that the Board allow item #3 of the public hearing be moved to item # 1 as per a request by Mr. Pine. There was no opposition. PINE ZONE CHANGE The first public hearing was introduced by Carlson on a request by Stanley W. Pine for a zone change on 0.315 acres from RA-1 Low Density Residential Apartment to RA-3, Residential Apartment Office on property located at the corner of Indian Trail Road and U.S. Highway 93 in Kalispell. Staff Report Kountz gave a detailed presentation of Staff Report #KZC-98-4. Staff recommended that the requested zone change from RA-1 to RA-3 be approved. Public Hearing: Proponents Stan Pine spoke in favor of the project, saying he had been contacted by a doctor who wants to put a medical clinic on the property. Pine Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 2 of 10 said the changes between RA-1 and RA-3 were minimal, and the property was not part of hospital property. Pine said a medical clinic �) would be less of an impact than a 4-plex. Pine said the hospital had no objections to a medical clinic, there is a need for one. Pine read a letter in favor of the zone change from Randall and Diane Brooks of 261 Fairview Drive. Bruce Lutz, landscape architect, spoke in favor saying they were requesting a small single -practice clinic on the site which would be 1800 sq. ft., with 12-13 parking spaces. Lutz said the lot is 13,000 sq. ft. and that only 6,470 sq. feet would be developed, the rest would be landscaped. Lutz said the property was adjacent to the hospital PUD, but the project was not in Parkview Terrace. Lutz said the use may generate more traffic but in the evenings, on holidays and weekends the clinic would create less of impact than a residential project. Opposition Beverly Montgomery, 111 Indian Trail Road, spoke against the project stating the increased traffic does affect her. Montgomery said she also had concerns with multi -family uses in the neighborhood, access from Hwy. 93 and the speed from turning off the_ highway. Montgomery said a commercial use is inconsistent with the neighborhood. Shawn Montgomery, 111 Indian Trail, said he was a neighbor on the east side of the proposed project. Montgomery read a petition signed by 11 people opposed to the project; and asked that the Board deny the request. Montgomery also referred to Condition 1 of the staff report saying it was not in keeping with covenants of the subdivision; he also submitted photos of the median and traffic hitting the posts due to the speed coming off the highway and making a right turn. Dean Potter, 113 Indian Trail, spoke in opposition saying the lot was too small except for a single family home and that the traffic speed was too fast. He said the previous zone change should not have been allowed. Dave Logan, 119 Indian Trail, said he was representing the architectural committee. He said the traffic speed was too fast. He asked how the traffic would get onto Indian Trail without making a right turn; he said a light was needed at this intersection. He had concerns regarding the lot size, and that a 4-plex and single-family would encroach into Buffalo Commons; that the original intent of Parkview was single-family residences. Logan said the project would diminish his property value. Logan said Board had ignored the residents in the past and would like to rebut the Board's discussion. Dixie Smith, Rising Sun Circle, said she lived across the street from the property and that the traffic was dangerous coming onto Indian Trail. Smith said she would not mind seeing a residence across from her, but not a commercial establishment. Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 3 of 10 Chuck Spagel, 57 Rising Sun Circle, said he has seen accidents happen by the meridian and that traffic lights would keep him from C� getting out on the highway. Angel Sotto, 201 Indian Trail Road, said she feels this is not the right use for the area. Carolyn Brise, 107 Indian Trail Road, concurs with what everyone else had said regarding the zone change. Board Discussion Stevens asked Pines if this was 1,800 sq. ft. Pines said it would be about 1,800-2,000 sq. ft., less than a 4-plex. Stevens asked if he had any rebuttal to the opposition . Pines said he understood their concerns but the zone change was not commercial; he said it would be a minimal change and that a small medical complex would have less impact than a 4-plex. Pine said access will be from Indian Trail through Parkview Terrace. Pine also said he had offered the property to the hospital but the hospital turned it down; he could not afford to keep the property as it is. Johnson asked if it was part of Parkview Terrace. Pines said no, the property had never been part of the subdivision. Heinecke asked about the highway access onto Indian Trail. Pine said access was onto a county easement onto Indian Trail. Heinecke asked about the PUD in an RA-1 zone. Pines said staff recommended C going to RA-3 because it did allow for a medical clinic. Kountz said clinics are a permitted use in an RA-1 zone if adjacent to a hospital. Johnson asked Lutz about the setbacks. Lutz said the setbacks would be driveway or landscaping. Stevens said it reminded him of O'Neil's property and the fear of commercial being close and that commercial is sometimes less intrusive. Steven said a small clinic would be better than a 4-plex and that the traffic would increase anyway. Johnson asked Logan of the architectural committee if he was speaking for the whole committee. Logan said he was speaking for himself and his wife. Logan said he wanted someone to represent them other than the developer or builders and that the Board had always gone with developer. Carlson said the traffic had always been a problem, but the Board could not do anything; he said City Council may realize how dangerous it is. Johnson said it was not the function of zoning to handle traffic but that it was a City Council duty. He said no matter what was built there, the exit would also be there. He also said the project would have to go through site review, and that would be hard. Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 4 of 10 Bahr said he lives in Northridge which has medical offices, and the residences cause more traffic. Bahr also said the lot is unique and is not suitable for residence; the clinic would be it's best use and would be less obtrusive than a 4-plex or medical office. Motion Bahr moved to adopt staff report KZC-98-4 as findings of fact and recommend approval of the zone change from RA-1 to RA-3; Johnson second the motion. On a roll call vote Carlson, Heinecke, Bahr, Stevens, Johnson, and Hines voted aye. The motion passed on a 6-0 vote. CRA-LON The second public hearing was introduced by Carlson on a request by ANNEXATION & Cra-Lon Corporation for initial zoning of RA-1, Low Density ZONING Residential Apartment, upon annexation of approximately one acre located at 440 College Avenue east of Kalispell. Johnson excused himself due to a conflict of interest. Staff Report Kountz gave a detailed overview of Staff Report #KA-98-6. Kountz said a 4-lot subdivision was also being proposed, with a 3-plex on one lot and a 4-plex on the other, which will go to City Council. Staff recommended approval and that the City Council adopt RA-1 on Lot 3 and the proposed subdivision and R-3 on Lot 4. Kountz said the applicant had no objection to the compromise in the zoning request. Kountz also said two letters in opposition were received. n Public Hearing: Proponents Paul Stokes, representing the applicant, spoke in favor of the project and said he had no problem with the staff report and recommended conditions. Opposition Lolla Pauli, 404 Sylvan Drive, stated her opposition to the zoning. Floyd Pauli, 404 Sylvan Drive, said there was water on part of the property and that if it's filled the bank on the north would get small. He stated the property was not large enough for the project. Thomas Marks, 401 Sylvan Drive, spoke in opposition. He submitted letters from the Johnsons', at 504 Sylvan Drive, stating their opposition. He read letters from Diane Lamers, 33 East Wyoming, and Melody Haines, 429 College Avenue who also expressed their opposition to the project. Bonnie Sponger, 345 College Avenue, said she was concerned that her property will be flooded if the project goes through. She also stated the s-curve is dangerous, and there was no visibility or parking. She said the zoning will ruin the character of the neighborhood. UTony Loiacono said it was a very private and unique area. He expressed his concerns regarding the pillaging that is starting to Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 5 of 10 happen, and said additional traffic will escalate the crime. He said the road was being used as a shortcut to Conrad Drive. He said Montessori School had told their visitors that Sylvan could be used to go up to Woodland and it has now turned into a freeway A question was asked if the property is in the floodplain. Kountz said FEMA does not map the area in the 100-year floodplain and that the maps were probably wrong. Edna Green stated there were approximately 20 families in the area and the project would lower the property value of the other homes if the zoning was allowed. She said flooding does occur on her property, and her property is higher than the subject property. Ann Ingram, Sylvan Court, expressed her concerns about the wildlife, the danger of children walking on the s-curve. She said property values were typically over $200,000 and a multi -family project will bring down their property values. Dave Lawrence, Lawrence Lane, said he was concerned about the water and wildlife. He also expressed his concern that filling would diminish surface area and would ruin his property; and expressed concern on the traffic issue. Fran Olendyke, 556 Sylvan Drive, said she previously served on the board and that this property should remain single family residential. Christine Curtis, 530 Sylvan Drive, state the wildlife is treasured and the atmosphere is good. She also said a lower income tri-plex will cause further degradation of her home and that the traffic is already bad. Judy Lawrence said this is an aquifer or wetland and if the slough is filled the character will be changed. The Board received two letters in opposition from Dr. Delores Taylor and Carol Granger. Board Discussion Stevens asked Kountz about streets ending at the slough. Stokes said there would be a problem if there was flooding but he would only fill far enough to build; he said it is not classified as a wetland. Heinecke asked if lot 3 was 10,000 sq. ft., what would be the RA-1 minimum lot size for a tri-plex or duplex. Kountz said 9,000 sq. ft. would be the minimum lot size for RA-1 in the city regulations. Stevens said his dilemma was infill if properties were serviced by water and sewer, and that people needed to have places to live and wondered whether this was appropriate infill for affordable housing. (' Bahr asked if there were any multi -family residences near. Kountz �J said there was the trailer park and 4-plexes on College Avenue. Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 6 of 10 Motion Heinecke moved to adopt Staff Report #KA-98-6 as finding of fact and recommend R-3 upon annexation with the following changes to the findings of fact as follows: # 10 - Delete "On the other hand," from the 4th sentence and strike the last 2 sentences; # 11 - Strike the last sentence, and add that substantial public comment has been received in objection to the plan; and #2 - Strike the 2nd sentence. Bahr seconded the motion. On a roll call vote, Carlson; Heinecke, Bahr, Stevens and Hines voted aye. The motion passed on a 5-0 vote. Recess A recess was called at 7:40 p.m. The meeting was called back to order at 7:50 p.m. ANDREW HALL ZONE The third public hearing was introduced by Carlson on a request by CHANGE Andrew A. Hall, et al, for zone change from R-1, Suburban Residential, to R-3, One Family Residential, for property located on the west side of Mountain View Drive in Evergreen. Staff Report Kountz gave a detailed overview of Staff Report #FZC-98-11. Staff recommends that the Board recommend approval of the requested zone change from R-1 to R-3 with the zone change area expanded one lot in each direction to include Lots 5 and 13 of Block 2 and Lots 5 and 13 of Block 3. (D Public Hearing: In Favor Andrew Hall, petitioner, and Christine Wilkonski, petitioner, spoke in favor of the change in zoning. Opposition John Herschfelder, 420 Mountain View Drive, introduced a letter of opposition from his neighbors, the Christiansens. He expressed his concern about the traffic and wanted the zoning to continue as R-1 in order to keep things the way they are which allowed horses and chickens, etc. Dennis Savrud, 540 Ash Rd., said he had the same complaints about traffic and wants the zoning to stay the same. Judy Hollis, 546 Ash Rd., questioned whether their property was included in the zone change. Kountz answered that it would be included. Hollis said she is against the proposed change. Board Discussion Johnson commented that traffic control is' not a function of the board. Stevens commented that this was classic infill and that affordable housing was definitely needed. Carlson commented that the increased density would be desirable because of the availability of sewer. U Motion Stevens moved that the Board adopt Staff Report #FZC-98-11 as findings of fact and recommend approval of the zone change from R-1 Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 7 of 10 to R-3 and that the area be expanded to include Lots 5 and 13 of Block 2 and Lots 5 and 13 of Block 3; Heinecke seconded the motion. Heinecke asked why R-3 was chosen instead of R-2. It was explained that it provided more lots and it was better infill. Heinecke asked Hall why he had decided on R-3. Hall responded that it was the other neighbors who had wanted that designation and he had gone along with them. Question The question was called. On a roll call vote Carlson, Heinecke, Bahr, Stevens, Johnson and Hines voted aye. The motion passed on a 6-0 vote. NORTHWEST The fourth public hearing was introduced by Carlson on a request by HEALTH CARE CUP Northwest Healthcare for a conditional use permit to allow a temporary medical office building in an H-1, Health Care, zoning district. The property is located at 1275 U.S. Highway 93 in Kalispell. Staff Report Kountz gave a detailed overview of Staff Report KCU-98-9. Kountz said staff was recommending that a three-foot high visual relief screen be placed along the parking lot perimeter where it faces the highway in order to provide additional screening for the temporary building and screening for the permanent parking lot. Staff recommended approval of the conditional use permit subject to the five conditions as stated. . �) Letter was received from Dr. Johnson with no objections, he is in favor of the application. Rob Heinecke excused himself due to conflict of interest. Public Hearing: David Greer, of Montana Planning Consultants and representing the Proponents applicants, spoke in favor of the project. Greer showed the board a video of the existing buffer from the highway, and stated he believes a 3-foot requirement is overkill. Greer stated he didn't believe there was the need for the additional cost of the visual relief screen. Opposition There was no opposition. Board Discussion Stevens asked Kountz about condition #2. Kountz said this condition is common if more parking requirements were needed. Kountz said he couldn't measure the setback which is why he included it. Stevens said he would have to do it whether condition #2 was in the staff report or not. Kountz said if the building was moved further in to make it less than 24 ft wide it would not comply with parking requirements. Hines asked if it was valid for 18 months to place the building there. Kountz said it was 18 months to place the building or get a building Upermit. Greer said they would be placing the building before Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 8 of 10 Christmas. Hines asked how long they would use the building. Greer said it would probably be 3 years. 1 Motion Stevens moved to adopt Staff report #KCU-98-9 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the amended conditions of # 1, 2, 3, and 5 and the deletion of Condition #4; Bahr seconded the motion. On a roll call vote Bahr, Stevens and Johnson voted aye, Carlson and Hines, nay, and Heinecke abstained. The motion passed on a 3-2 vote. COOK TEXT Carlson submitted a request by Bob Cook for an amendment to the AMENDMENT Kalispell Zoning Ordinance to allow an exception for private garages on lots that do not abut an alley to be placed in the front yard. Staff Report Kountz gave a summary of Staff report #KZTA-98-3, and recommends that the board approve the request subject to two minor editorial changes intended for clarification: replace the term "private garage" with "residential garage", and replace the "constructed" with "located". It was asked if set back corners applied and Kountz stated that it did not. Public Hearing: Proponents Doc Dahlquist, representing the applicant, spoke in favor of the proposed text amendment. Opposition No one was opposed. Board Discussion Heinecke asked if his property didn't meet the setbacks then he couldn't put a detached garage on his property. Kountz said he could add an attached garage but not a detached garage. Motion Hines moved to adopt staff report #KZTA-98-3 as findings of fact and recommend approval of the request subject to two minor editorial changes intended for clarification: replace the term "private garage" with "residential garage", and replace the word "constructed" with "located", in order to read as follows: 27.22.020(3)(a) No accessory structures, except fences, walls, and residential garages on lots that do not abut an alley, shall be located in any front yard; Heinecke seconded the motion. On a roll call vote: Carlson, Heinecke, Bahr, Stevens, Johnson, and Hines voted aye. The motion passed on a 6-0 vote. NEW BUSINESS The board discussed the master plan update. Kountz said he would mail the draft to approximately 30 people and have copies on hand at various other places. It was decided to have meetings in December and January to take public comments. Stevens said he didn't want to have public comments at the regular meeting. Hines said new (� members will be seated in January and it would be better to take �J public comments before that because the new members would not be Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 9 of 10 up to date with the master plan update. The board decided to include public comment on the Master Plan on December agenda. (� OLD BUSINESS There was no old business. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Milt Carls , Vice Chairman Sandie Mueller, Recording Secretary N?rcved 0-.s 0 Kalispell City -County Planning Board Minutes of the meeting of November 10, 1998 Page 10 of 10