Groose-Jones to Council/No to R5O to R5 and PUD for Old hoospital ! !
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From: Rebecca Groose Jones [rebecca@montanasky.us]
Sent: Monday, May 16, 2005 3:15 PM
To: Robert Hafferman; Jim Atkinson; Bob Herron; Gabriel Kari; The Honorable Pamela Kennedy; Duane Larson; Hank
Olson; James Patrick
Subject: NO to R5 and PUD for Old hoospital !!
Please give a copy to all council members, the Mayor and the City manager.
Dear Mayor, City City Council and City Manager,
I live kitty corner from the proposed old hospital project and am horrified it has gotten this far. I am truly
fearful for my child's safety and urge you to deny application for this HIGH DENSITY commercial / apartment
complex.
1. Does a chance to R5 zoning comply with local growth policy? NO.
Kalispell Growth policy indicates the district is to remain Urban Single Family Residential. It further states
that excess traffic along 3rd and 4th Avenues East degrade the residential character of the area. For good
reason R5 is to be associated with major and or minor arterials. The Kalispell Growth Policy identifies
neither 5th or 6th Avenues or 7th or 8th Streets as even minor arterials. (pg. 37) This project proposes 3
times the allowed residential density plus business offices and retail. It does not comply with the growth
policy.
2. Will R5 zoning lessen congestion in the streets? NO
A residential mixed use PUD An influx of 200 plus cars and many more people every day on the already
crowded one-way streets and narrow side streets will greatly add to the already dangerous and congested
intersections between the Old Hospital property and Hedges Grade School.
Twelve units are designated artists studios with a live/work component that is not strictly residential. The
non residential aspect will have a greater impact than strictly residential use because of increased day time
visitation to the site.
3. Will R5 make us safer from fire, panic and other dangers? NO.
4 Will R5 promote the health and general welfare of our neighborhood? NO. The developers
inability to meet it's proposed parking requirements in tandem with the increased traffic and congestion
adjacent from a grade school and in the heart of a residential neighborhood distracts from the neighbors
health and welfare.
5 Will R5 provide adequate light and air in our neighborhood? NO.
The existing building exceeds the height limits of the proposed R5, excessively blocking sun light and air
for the surrounding neighbors. The accompanying density of large apartment /commercial complex and
parking lot further reduces light and air.
6 Will this project prevent overcrowding the land? NO.
Proposal includes 30 apartments, 65 office spaces, restaurant and other retail spaces and the 200 plus
cars.
5/16/2005
Twelve units are designated artists studios with a live/work component that is not strictly residential. The'
non residential aspect will have a greater impact than strictly residential use because of increased day time
visitation to the site.
Insufficient (or no) consideration has been given to the Hedges Staff and Parents whose relatively few
parking spots will be displaced by the residents, their guests & customers of a high density commercial and
apartment complex...
7 Will this project prevent an undue concentration of people? NO.
The proposed residential density is THREE times that allowed for the current zoning and...... That's
BEFORE factoring in the commercial use that includes restaurant, hair and nail salon, clothing store, spa, arl
galleries, community room, cinema, professional offices, neighborhood & outdoor events.
This project is NOT associated with arterial or minor arterial streets as required by even an R5, much
less what our District is currently and ideally zoned for. 5th Avenue East isn't even a through street.
8 Will R5 zoning and this project facilitate the adequate provision of transportation, water,
sewerage schools, parks and other public requirements' NO.
SCHOOL: Neither the developers application nor the City planners Staff report indicates any
consideration of the Hedges school children. There has been NO careful measurement of the multimillion
dollar proposals impact on the the safety of Hedges school children. The Hedges / Courthouse East
intersections are dangerously congested as is.
TRANSPORTATION: The influx of 200 plus cars and many more people every day on the already
crowded one-way streets and narrow side streets will add to the already dangerous intersections between
the Old Hospital property and Hedges Grade School.
WATER, SEWERAGE: The City planning office expressed concern about the long term viability and
functionality of public water and sewer utilities to the property.
OTHER PUBLIC REQUIREMENTS: There is significant ambiguity regarding the asbestos. Residents
were first told that the asbestos would result in over a million dollars to deal with. - Flathead County
commissioners then reimbursed the previous owner, Gelinas, Development, LLC.... $23,600. (After paying
only $175,000 to purchase) The new owners indicate those reports were inaccurate and the cost is
significantly less. More information regarding the asbestos would be helpful.
"Soil is contaminated and they don't know how far down it goes" quote of previous owner (Daily Inter
Lake)
(The building has ) "Outlived it's usefulness" Tom Jentz — Tri-City planning Director / staff report
Because of the proposed intensity of uses and density on the site there is essentially no room that can be
provided as a recreational open space outside of the landscape
9 Would -a zone change to R5 give due consideration to the particular suitabilityof f the property for
use as apartments, offices and retail outlets? NO.
This building is an enormous anomaly in the middle of a single family residential neighborhood. The
building needs to come down so something suitable for Hedges Grade school and the surrounding
neighborhood can be done with the property. Another recent zone change request yielded a statement
indicating 41 Hedges Staff members agreed that the zoning should remain R3. The buildings non
conforming status as a hospital ended 30 years ago.
10. Would a zoning of R5 give reasonable consideration to the character of the district? NO.
it would be spot zoning. (as previously indicated by planning board members regarding this property.)
The institutional style building is out of character with the neighborhood. The proposed density and
commercial uses further degrade and detract from the residential and school character of the district. The
proposal greatly alters and disrupts the character and integrity of the quiet neighborhood and Hedges
school. R5 intent is that the office structures should be harmonious with the residential neighborhood.
11 Would R5 on that city block conserve the value of our homes? NO.
The addition of high density apartments and commercial endeavors will deteriorate the integrity and
character of the neighborhood in which the old single family homes and grade school are situated. R5
zones are abundantly available (and vacant) in Kalispell making it difficult to see how that could conserve
5/16/2005
NO to R5 and PUD for Old hoospital ! ! Page 3 of 4
the value of homes.
12. Will a change to R5 on that city block encourage the most appropriate use of the land
throughout the district? NO.
This is a long established school and residential district. Last week Hedges posted a SPECIAL ALERT
regarding a number of complaints regarding traffic safety concerns for their children. Adding to the traffic
Nill only further endanger our school children in an already high risk intersection. In order to effectively
determine the appropriateness of increased density near a grade school the current traffic problems should
be mitigated if not fully resolved. The alternative is that the parents and residents will be forced to seek help
with INCREASED traffic problems - - after the project is underway or completed.
There is already significant lack of parking for Hedges staff and parents alike.
Once R5 is established on that block, it can (and likely will )be used to justify R5 requests on nearby
blocks, homes turning commercial.
This proposal with it's density three times that of the current zoning, runs contrary to the City's traffic plans
for this area which is to "divert traffic away from Hedges" in an effort to "calm traffic" in this area.
Should the current developer / owner decide to sell . (Not unheard of for this property) It remains unclear as
to what the proposed zoning change could potentially allows future owners to do and leaving the potential
impacts to the neighborhood an unknown.
Above are the criteria required - Montana Supreme Court to
be considered before any zone change can take place
- - The city council of Kalispell, HAS NOT, as required by their regulations 27.21.030(d), prior to
consideration of this application, established findings and approved the compatibility of this PUD for this land
- The minimum land area for a mixed used PUD in a residential district is twenty (20) acres. This two
acre site does not comply with this regulation 27.21.030 (5) (d) (1) KCZR nor has the city council taken steps
to develop findings that establish the compatibility of such an exception.
- The proposed parking for the PUD exceeds the 10% limit for land devoted to parking established in
27.21.030(4) (1) KCZR
- The proposed commercial uses are not clearly defined to adequately assure compliance with
27.21.030 (4) (1)KCZR which states..." commercial needs should serve primarily the needs of persons in the
district. the district is the R-5 district that would be created to underlay this proposed PUD. The proposal
includes "a community room gathering place for the community, outdoor events, cinema, live performances"
- The combined commercial use area exceeds the 35%maximum established in 27.21.030 (5) (D) (5)
KCZR A mixed use residential PUD must be predominantly residential
- By law, R5 has to be located within or adjacent to business corridors, shopping islands, or the central
business district. Exceptions are a type of "spot zoning".
- R5 Zoning intent is to serve as a buffer between residential areas and other commercial districts and
should be associated with arterial or minor arterial streets (5th Avenue isn't even a through street.)
There is no DEMONSTRATED NEED for a zone change
- The proposed density is THREE times the allowed density for the current zoning ...... BEFORE one
even factors in the commercial use.
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Parking is insufficient even before needed adjustments are made to meet handicapped parking and
setback requirements
No covered parking at all for "seniors" and residents
- No consideration whatsoever has been given to the effect of the density of this project on the Hedges
school kids.
For all these reasons and many, many more I implore you to deny the application for an R5 zone change.
Thank you for your careful consideration.
Rebecca Groose Jones
5/16/2005