Loading...
11-14-91 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING NOVEMBER 14, 1991 CALL TO ORDER President Therese Hash called the meeting to order at AND ROLL CALL 7:00 p.m. Board members present were Therese Hash, James Stephens, Larry Dominick, Virginia Sloan, Mike Fraser, and Pamela Kennedy. Board members absent were Chuck Mannina, Robert Lopp and Bill Gould (all excused). David Greer and Lisa Rice, Senior Planners, represented the Flathead Reaional Development Office. There were approximately 20 members of the public in attendance. APPROVAL OF The minutes of the meetina of October 10, 1991, were MINUTES corrected to show that Stephens was an excused absence. Sloan moved to approve the minutes as corrected; Fraser seconded; all board members present voted aye. REQUEST FOR ZONE Hash introduced a petition by Ivan and Marian O'Neil to CHANGE FROM RA-1 amend the Official Zoning Map of the City of Kalispell by TO B-3 - chanaina the zoning of Tract 3 of Certificate of Survey IVAN AND MARIAN #10320, Records of Flathead County, Montana, from O'NEIL Residential Apartment RA-1 to General Business B-3. The subject property adjoins Western Building Center off of Third Avenue East in Kalispell. Greer gave the staff report stating the property is located inside the city limits of the City of Kalispell at .18th Street East and Third Avenue East. He stated that Western Buildina Center is currently zoned B-2 but they own some contiauous land which is less than 78 feet wide to the east of the present Western Building Center property and that property was annexed as an island several years ago and zoned Residential Apartment RA-1. Greer said the effort is basically to have the same zoning classification for the property owned by the O'Neils. Greer stated that the request is in conformance with the Master Plan, which designates that area as commercial. Greer said the request generally meets the criteria which must be addressed for any chanae in zonina_, it would prevent the splitting of common property with two zoning classifications, and the request appears to be appropriate. Greer said the zone change request is recommended for approval. Public Hearing Hash opened the public hearing, first to those in favor of the zone chanae. Ivan O'Neil spoke i.n favor of the zone change. He said that they have recently purchased the land around Western Building Center to the north and east. He also said this would Give access to the rear of the Western Buildina Center property. O'Neil said there are tentative plans to build on the property immediately to the east of this \ l request to build multi -family residential structures and since both properties would be under.the same ownership, such items as landscaping would be addressed. O'Neil presented a letter from Norman and Jolene Bjelland, property owners immediately to the south, in favor of the request. Hash read the letter for the record. Board Discussion No one spoke in opposition to the request. Hash closed the hearing to public input and turned the matter over to the Board for discussion. Motion Fraser stated the request seems consistent with the Master Plan, doesn't have any impact on the neighborhood and services. Fraser moved to adopt the findings of FRDO Report #KZC-91-2 and recommend to the Council that the subject parcel be zoned B-2 as requested. Sloan seconded. On a roll call vote all Board members present voted aye. REQUEST FOR Hash introduced a request by Howard Ferguson and Randy PRELIMINARY PLAT Jones for preliminary plat approval of a 20-unit APPROVAL - condominium development on a 3.5 acre tract of land ROYAL RESERVE generally situated between. Country Estates and Mountain 0 CONDOMINIUMS Villa Apartments off of Garden Drive. The subject property is more particularly described as being Parcels A and B of Certificate of Survey #8738, Records of Flathead County, Montana. Greer gave the FRDO staff report, stating the Board is familiar with the proposal in general as the request was before the Board several months ago, which the Board recommended for denial and the County Commissioners subsequently denied. This is a re -submission of the earlier request, but the developers have reduced the density, and made other changes to the plat including the setback from West Reserve Drive and more open space. Greer drew attention to the booklet furnished by the developers which includes plans for landscaping of the common area. Greer distributed comments that had been received after the packets had been mailed to the Board. Greer said Sandi Farmer is still concerned about the four- plexes, citing density, septic problems, low water pressure, traffic hazards, negative impact on property values, not compatible with single family homes, and the impacts on the schools. Greer stated a letter from.Terry Farmer who is concerned with the size and shape of the 2 property and other concerns similar to Sandi Farmer's. He said other letters were from Debbie Jones and Kristie Adney expressing concerns about too many units. Greer read a letter received from Mountain Villa Apartments, which addressed a six foot wide strip of land bordering the proposed condominium site. The letter stated that because of a severe drainage problem, a tremendous amount of water running in the direction of the proposed condominium units has been diverted throuah that six foot area and it is critical that this [the drainaael be maintained. Greer stated he wasn't sure where the six foot strip is located. He stated the proposed conditions of approval require setbacks for condominiums, but he isn't sure if this six foot strip would be within those setbacks. He said the location of the six foot strip would appear on the title report, which is not available at this time. Greer said that the concerns expressed by the Board about the original submission were excessive density, traffic and concerns of the neiahborhood about the impacts of a condominium development next to a sinale family neighborhood. He said impacts relative to public services are relatively unchanged from the last proposal. Greer pointed out to the Board that Country View Estates, a 64-lot sinale family residential development to the north of Country Estates, has received preliminary plat approval from the County Commissioners. Some of the same concerns were expressed about that proposal including excessive traffic aoina throuah Country Estates. He said the Commissioners chose to require a road to the north of Country Estates Units 1 and 2 so that there would be a direct access to the new subdivision, without requiring traffic to ao throuah Country Estates. The Commissioners also required a condition that Ranch Road be improved to a 28 foot width as an entrance improvement. Greer said that recently the developers have indicated they may not want to pay a fee -in -lieu of parkland dedication. Greer said the developer's options are to dedicate parkland to the County, they can dedicate an area within the development as a homeowners park owned and operated by the homeowners, or they can pay a cash fee -in -lieu. Greer said that in all cases, the common area of the condominium would not qualify as parkland. Greer said that much of the area which might appear available for parkland is dedicated to drainfields or reserve areas for drainfields. Greer said that certain park activities can be over drainfield sites as long as there is no impervious coverage. 3 Greer said that the parking requirement is 1.5 parking spaces per dwelling unit; the developers are providing two spaces per dwelling unit. He said the two extra spaces are part of the common property which will be maintained by the homeowners association. Greer said that the covenants have been improved and unit ownership papers have been provided. Greer stated that many of the conditions from the previous submission did not change. He spoke to Condition #18, which is the same condition the Commissioners adopted for Ranch Road as part of the Country View Estates subdivision approval. Public Hearing Hash opened the hearing to public input, first calling for proponents of the proposal. Bob Hafferman, engineer for the project, spoke to the letter from Mountain Villa. He said the area is actually 12 feet and is outside of the area of the plat. He said the second sheet of drawinas shows the drainaae ditch and a 20 foot easement to the south of the first duplex for drainaae from the north. He also said that the developers are in aareement with Condition #18. Hash called for other proponents; there being none, she called for opponents of the proposal. Earl Benson (?) of 144 Trail Ridge spoke in opposition to IJ the proposal, citing concerns about the traffic and that he lives in a single family home and doesn't want condominiums next to him. Debbie Jones of Trail Ridge spoke against the proposal. She reiterated the concerns expressed in her letter. She stated that insofar as the road beina widened, she believes it should be widened to Trail Ridge because the majority of the traffic usina Garden Drive into the subdivision will be turnina on Trail Ridge rather than Arbor. Jones also stated that she didn't feel that the parking for guests was sufficient. After calling three times for other opponents of the proposal, Hash closed the hearing to public input and turned the matter over to the Board for discussion. Board Discussion Stephens stated that he had driven over the site with the topographic map. He said were he in the houses to the west he would personally object as it appears the units would block their view. Fraser questioned the slopes of the drainfield replacement sites. Hafferman replied the map shows one foot contours. He said the slopes meet the Board of Health requirements. 4 Hafferman said that with reference to Stephens' concern, there is some grading proposed which will cut down the hill. Kennedy asked Greer if with the new subdivision going in would Garden Drive be punched through to the new subdivision. Greer replied that it will end in a cul-de- sac. Sloan asked Stephens if he felt the density would be more appropriate if Unit D were removed. Stephens said that the density will be high but he thinks the developers' proposal is the only thing that can be done with the property. There was further discussion regarding the road system, whether or not Garden Drive should be widened to Arbor or Trail Ridge, parking requirements, the drainage easement which was not mentioned in the previous submission, signing against on -street parking, parkland dedication, market interest in the units, and the size of the individual units. The developers expressed frustration regarding the question of further reduction of density, statina that they are meeting the zoning and subdivision requirements. Hafferman noted that the developers approved of every condition recommended by Staff. CMotion Kennedy made a motion to recommend approval of the Royal Reserve Condominium Preliminary Plat based on the findinas of fact of the FRDO Staff Report, along with the recommended conditions of approval with a change to Condition #18: that the road be widened to 28 feet from West Reserve to Trail Ridge instead of Arbor Drive. Stephens seconded. In discussion, the Board discussed the conditions of approval that the Board of Commissioners put on Country View Estates regarding the roads in Country Estates (.snit #1 and #2, the proposed use of the common area by the developers of Royal Reserve and the fee -in -lieu of parkland. Stephens called for the question. On a roll call vote, Kennedy and Stephens voted aye, Sloan, Fraser and Dominick voted no. Motion failed. In further discussion, the Board addressed on -street and off-street parking and other traffic issues. Motion Kennedy moved to recommend approval of Royal Reserve Condominiums, adopting the findings of fact in the FRDO -.) Staff Report and recommending all of the conditions found in the Staff Report, but adding a condition that the developers provide off-street parking for an additional four vehicles between Units B and C. Sloan seconded. On a roll call vote, Kennedy, Sloan and Stephens voted aye, Fraser and Dominick voted no. Motion carried on a 3-2 vote. CITIZENS FOR Kennedy briefed the Board on a meeting held by the A BETTER members of Citizens for a Better Flathead, Montana FLATHEAD Highway Commissioner Roy Duff and engineering staff of the Department of Transportation. She advised that Duff promised to bring before the full commission the concerns of the group and that Citizens for a Better Flathead is asking for a letter from this Board in support of their request for an independent study by a consultant who is approved by the Highway Department, that the study be done for a reasonable cost in a reasonable time. She said the Highway Department has agreed to furnish such a consultant all of the data they have and will work with the consultant. Kennedy reviewed the various local bodies who will be asked to support this request and stated that this Board is requested to send a letter to Roy Duff, with copies to Governor Stephens and John Rothwell, Director, Montana Department of Transportation, which supports an independent study which would ascertain the costs of a divided highway design, the time frame necessary to build such a divided hia_hway, whether adjustments or corrections could be made to the EA done by DOT or whether an EIS would have to be done. Motion Dominick moved that Staff be directed to write such a letter for all Board members to sia_n. Sloan seconded. All Board members present voted.aye. KALISPELL AIRPORT Rice advised that a survey had been mailed to property NEIGHBORHOOD owners abutting the airport and that a random selection PLAN of city residents would also receive the survey. Rice said more information should be available for the December meetina. Greer was advised that a letter should be sent to Al Larned, a property owner near the airport. OLD BUSINESS Fraser expressed concern was not notified early chanaed for November and be made in the future. NEW BUSINESS There was no new business. 0 about the fact that the Board that the meeting date would be asked that earlier notifications ADJOURNMENT Fraser moved for adjournment at 8:45 p.m. Therese Fox Hash, President Dorothy Heard, Recording Secretary ?� APPROVED: �J L� December 10, 1991 Therese Fox Hash, President Kalispell City -County Planning Board & Zoning Commission Flathead Regional Development Office 723 5th avenue East - Room 414 Kalispell, MT 59901 Dear Therese, Having completed 8 years on the City -County Planning Board and Zoning Commission, I request that I not be considered to serve this board next year. Being party to many changes in and around Kalispell, I leave this Board on a very positive note. _J I am encouraged with the present stand the County Commissioners are taking on land use in Flathead County and their apparent commitment to county zoning. I also applaud the City and this Board in it's quest to preserve the basic integrity and fiscal stability of a small community in a very rapidly changing environment and the tremendous staff support from the Flathead Regional Development Office. Sincerely, Qr,cE: Manning cc Stephen F. Herbal y