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09-10-92 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING SEPTEMBER 10, 1992 CALL TO ORDER President Hash called the meeting to order at 5:35 p.m. Larry Dominick was absent. All other Board members were present. APPROVAL OF Hash called for approval of the minutes for the meeting MINUTES / of August 11, 1992. There were two changes to the AUG 11, 1992 minutes. On page 3, paragraph 4, Randy Feller is Fire Chief for Smith Valley Fire District, not a Lower Valley Road resident. On page 8, the last sentence under New Business, should read "the Department of State Lands' presentation", as it is not a film. Kennedy moved that the minutes be adopted as corrected. Sloan seconded. The vote was unanimous to approve the minutes as corrected. REQUEST FOR Hash introduced a request for a conditional use permit CONDITIONAL by Ivan and Marion O'Neil to construct the Birchwood USE PERMIT / Apartments consisting of seven five-plex apartment BIRCHWOOD buildings (total of 35 units) on a 3.84 acre tract of APARTMENTS land located at 1702 5th Ave. East and situated on the northwest corner of the intersection of 5th Ave. East and 18th Street in Kalispell. The property is zoned RA-1 Low Density Residential Apartment. Staff Report Jentz gave an overview of the staff report. it is recommended that the Zoning Commission grant the Conditional Use Permit with 16 conditions, as set forth in staff report #KCU-92-6. The FRDO office has not received any comments on the proposed apartment complex. The Board had questions for Jentz regarding the drainage problems endemic to that area. Storm water drainage and the poor soils in the area will present an engineering challenge. Public Hearin O Boven g sten y g, <-e�rcri'��r for the Birchwood Apartment complex, explained that this is a very expensive project to develop, because of the drainage plan, but he feels that it fills the community's need for apartments. He was in favor of granting the conditional use permit. There being no further public comment, either for or against the project, the public hearing was closed. Discussion Mr. Boveng indicated that the developers have a problem with some of the conditions recommended by the staff. Condition #3, requiring an extension of water and sewer lines to 5th Avenue, was protested. The developers' intention was to extend lines to the "man-hole"E Condition #4a is requiring too much road for such a small project. He objected to Condition #4b and #5, requiring curb and gutter, as the development is designed to incorporate the existing ditches in the landscaping and for drainage. Condition #9 states that the landscaping be completed prior to occupancy. The landscaping is slated to be developed in phases. After Board discussion, it was agreed that the landscaping be phased in with the building of each unit, and be in place prior to occupancy of that unit. Mr. Boveng's concerns were adressed by the Board. The drainage problems were discussed at length; swales versus curb, gutter and sidewalks. The engineer's intent is to retain the storm water in the landscaped areas. Motion Ellingson made a motion to adopt staff report #KCU-92-6 as findings of fact with the following modifications: change Conditions #4b, #4c, #5b and #5c, to read "the developer shall waive the right to protest SID at such time as the City considers the development of curb, sidewalk and gutters appropriate." Condition #9 be modified to read that the landscaping be phased in with the building of each unit, to be completed prior to occupancy. DeGrosky seconded. The motion carried unanimously. j 1) REQUEST FOR The next item on the agenda was a request by Patty ZONE CHANGE-- Shelton and Vern Seaman for a change in zoning from R-2 TO B-3 / R-2, Residential to B-3, General Business on property SHELTON/SEAMAN located at 1028 East Idaho, Kalispell. The subject property, in the Willow Glen Zoning District, is approximately 27 acres in area and is generally bounded by U.S. Highway 2 to the North, the Stillwater River to the East and the Conrad Memorial Cemetery to the South. Staff Report Wood gave an overview of FRDO staff report #FZC-92-4. In 1987, the frontage property along U.S. Highway 2 was zoned B-3 at a distance of 250 feet from the centerline of the highway. This arbitrary boundary resulted in numerous single parcels of property having dual zoning classifications of R-2 and B-3. The applicant is requesting the R-2 zone on their three parcels be changed to B-3. Two other adjoining property owners with a split zone, have been notified of the zone change request and three additional properties are included in this application. Lopp raised a concern about the proximity of these commercial properties to .Stillwater River, which would create a problem with storm water run-off. Wood informed the Board that appropriate review would be addressed when a floodplain development permit was applied for. Public Hearing The meeting was opened to all those wanting to speak in favor of the proposed zone change. Angela Vaninetti, attorney representing the applicant, 2 commented that the requested zone change is a logical extension of the present commercial development. There being no further public comment, the public hearing was closed. Discussion Sloan made a motion to accept and recommend staff report #FZC-92-4 as findings of fact. Lopp seconded. The motion carried unanimously. REQUEST FOR The next item on the agenda was a request by Carol CONDITIONAL' Bergstrom on behalf of William Goodman for a USE PERMIT / conditional use permit to allow construction' of a 64 GOODMAN & unit apartment development at 1055 North Meridian Road, BERGSTROM Kalispell. The property is zoned RA-1, Low Density Apartment. Hash noted for the record, a letter which had been passed to all Board members, from Bi11 Cooper, Superintendent of School District #5, representing the potential impact on the schools. Staff Report Wood gave a summary of FRDO conditional use report #KCU-92-5. The Master Plan designated this area as a transition between High Density Residental and Urban Residential. The zoning and requested use are in conformance. The specific use under discussion is a 64-unit apartment complex. The three issues the staff had with regards to this development were: (1) the impacts of increased traffic on North Meridian, (2) the impacts of a substantial population of children on the school district, and (3) the internal parking design. The staff recommends approval of the Conditional Use Permit subject to eight (8) conditions set forth in the report. The Board questioned Condition #5c, which required a two (2) foot setback between garages, whereas the setback requirement for Birchwood Apartments was ten (10) feet. Wood explained that this was a site specific recommendation. Ellingson excused himself from the Board, as he represented one of the applicants. Public Hearing The meeting was opened to public comment. All those in favor of the request for a conditional use permit were asked to speak first. Carol Bergstrom, 230 West 2nd St., Whitefish, is a partner in the proposed project. She will be managing this project. Low income housing is needed in the community. She is in favor of the project. There being no further comments in favor of the project, the public hearing was opened to all those opposed. Dan Brown, 932 W. Arizona, noted that the pedestrian access on Arizona Street is extremely narrow with no curbs or sidewalks. There is already a problem with 3 children crossing Meridian, Liberty and Arizona Streets. The problems with increased traffic and pedestrians should be addressed first. Andy Young, Principal of Russell School, observes a conflict with increased car and pedestrian traffic, as well as the impact of more students on the schools. Barbara Dye, N. Meridian, sees problems every day. The traffic is a nightmare and dangerous for pedestrians. The turn-off at Carden School backs up traffic for blocks and is a tragedy waiting to happen. In the winter she has seen cars in the ditch, causing more hazards. Jeri Robbins, had several issues to address concerning the traffic. She took a traffic count from 7:50 a.m. to 8:20 a.m. on September 10. She counted 581 vehicles; 29 kids crossing in the crosswalk; 15 children gave up waiting to get across; one crosswalk guard almost got hit by a pickup with a horse trailer loaded with horses; and 31 cars were backed up within her line of vision. Further concerns included (1) icy road condition hazards, (2) new Post Office on Meridian generating more traffic, (3) poor drainage system in the area, resulting in yards flooding, (4) what actually is the cost of low income housing?, and (5) the density of this project. Joan Ladenburg, 635 Underhill Court, had concerns about the high density of this project. She felt that if this project was targeted for families of 3-4, there was a potential of over 100 kids impacting the school system. She expressed a concern about fire hazard and the limited access for fire vehicles. Her final concern was regarding the 3-story units obstructing her view, and feels it exceeds the zoning requirements. Susie Marquardt, 621 W. Arizona, submitted a copy of a petition opposing the project. She was also concerned with the high density, the traffic problems and the lack of drainage on Meridian. Elaine Davis, 536 W. Arizona, is opposed to the project. Eleanor Thompson, 1079 N. Meridian, agreed with all the others' opposition, as well as affecting taxes on property, with low income housing bringing values down. Warren Dolberg, 609 W. Arizona, agrees with all the opposition, with an emphasis on the issues involving safety. He would have no objection to a low density project, but is opposed to high density. Gail Putman, 1080 N. Meridian, stated that there 4 already is a problem with traffic, and is opposed to the increase. Christine Morris, 3-Mile Drive, was also opposed to more cars, and threats to children's safety as a result. Cindy Dobler, 609 W. Arizona, is opposed to the high density project. Glen Thompson, 1079 N. Meridian, is opposed to the development, for the reasons of fire safety and the flooding of yards on Meridian. There being no further comment, the public hearing was closed. Discussion Board discussion ensued on the traffic problem on Meridian. Kennedy had concerns regarding the density of the project. Additional stop signs may alleviate the traffic situation which has been a concern for many years, and continues to get worse. The City is looking at doing a Neighborhood Plan in the area. Lopp suggested that another access to Carden School may be necessary to alleviate some of the traffic backed up at that intersection. He objected to the density of this project, as well as the height of the buildings. It is not in conformance with the rest of the neighborhood. The ten foot setback requirements for carports has solid reasoning behind it, and should be adhered to. .DeGrosky is in favor of the project, but has a problem with the increased traffic and the high density, multi- family residential use. He echoed the concerns of the neighbors. Fraser stated that he definitely has a traffic bias. The traffic is bad now and will get worse. A traffic study may resolve that issue. Concern was voiced on the response time for emergency vehicles. Lopp asked Mr. Young, principal of Russell School, what the capacity of the school was and the current enrollment? The answer was the school could not absorb 50 extra students and meet State accreditation standards. Stephens also commented on the traffic. Until Meridian is reconstructed, we should not approve any more development in that area. Sloan commented on the need for new schools, but our community also needs this type of development. Motion Lopp made a motion recommending denial of Conditional Use Request #KCU-92-5. Stephens seconded. Discussion followed on possibly tabling the request until a' new plan addressing the traffic and density issues could be presented by the developers. Ms. Bergstrom addressed the Board to clarify that this project was limited by time constraints, in order to qualify for income sources and tax credits offered. A roll call vote was taken on the motion. Stephens and Lopp voted in favor 67 of denial. Al other Board members voted against. The motion failed. The meeting was again opened to Board discussion. The Board agreed to recommend that Condition #5c be changed to read as follows: "All carports or garages shall be set back a minimum of ten feet from the internal road system for driver safety. Where the sides of the carport or garage are left completely open and unobscured between the heights of 30 inches and 78 inches, they may be allowed to encroach within 5 feet of the internal road system." Condition #7 was modified to include "to the satisfaction of the city's Site Plan Review Committee." After much Board discussion, two additional conditions were included in Conditional Use Report #KCU-92-5, as follows: Condition #9 - The developer shall retain a traffic engineer to study traffic and safety issues related to this project, and develop recommendations prior to completion of the project, subject to approval by the City's Public Works Department. Condition #10 - The developer shall dedicate ten (10) feet along the west property line for the future widening of North Meridian Road. Kennedy made a motion to approve Conditional Use Report #KCU-92-5, and accept as findings of fact with the eight (8) conditions, adding two conditions, #9 and #10 as discussed, and modifying #5c and #7. Fraser seconded. Fraser, Sloan, Kennedy and DeGrosky voted aye. Lopp, Stephens, and Hash voted nay. The motion carried. OLD BUSINESS There was no old business. NEW BUSINESS Under new business, Kennedy voiced her appraisal and enthusiasm of the Baucus study to be done on Hwy. 93. She presented a letter drafted to Governor Stephens supporting the Baucus study. The motion was made and seconded to have Therese Hash sign the letter. The Board agreed unanimously. The next item under new business was deciding when the winter planning board meetings will be held. It was agreed the winter meeting time will be 6:00 p.m. ADJOURNMENT The meeting was adjourned at 8:35 p.m. APPROVED: GIiVYt� l� Therese Fox Hash, President Elizabeth Ontko, Recording Secretary 0