Loading...
Planning Board Minutes 05/28/02KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF SPECIAL MEETING MAY 28, 2002 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 PM. Board members present were: Ron Van Natta, Mark Brechel, Jim Atkinson, Bonnie Spooner, Bill Rice, Sue Ellyn Anderson and Jean Johnson. Narda Wilson represented the Tri-City Planning Office. There were approximately 40 people in the audience. APPROVAL OF MINUTES Atkinson moved and Rice seconded to approve the minutes of the Kalispell City Planning Board meeting of May 14, 2002, as submitted. Brechel asked that his statement of May 14, 2002, regarding his article in the Daily InterLake, be wholly presented in the minutes of the last meeting. His written statement was submitted to staff to be included as part of the record. On a vote by acclamation the motion passed unanimously Rice stated the article in today's Daily InterLake about Glacier Mail written by William H. Rice is not he. He is William C. Rice and he tries to come to each meeting unbiased and objective. MARK OWENS/WEST VIEW A request by Mark Owens, dba. LBO Limited Partnership, for ESTATES MASTER PLAN an amendment to the Kalispell City -County Master Plan on AMENDMENT approximately 58 acres for property located at the northeast comer of Stillwater Road and West Reserve Drive from Agricultural to Urban Residential, High Density Residential and Neighborhood Commercial. STAFF REPORT Narda. Wilson, of the Tri-City Planning Office, gave a #KMPA-02-1 presentation of staff report KMPA-02-1, a Kalispell City - County Master Plan amendment. Staff reviewed the project background and explained the nature of the request. Wilson explained the proposal would amend the Master Plan for the area from Agricultural to Urban Residential on approximately 42 acres, to High Density Residential on approximately 9 acres and Neighborhood Commercial on approximately 7 acres. The amendment would facilitate the development of a 119-lot residential subdivision and future development of high -density residential and small scale commercial. Once the Master Plan amendment is approved, annexation of this property to the City of Kalispell and assignment of appropriate zoning would be undertaken immediately. Upon evaluation of the proposal staff made two recommendations; the adoption of findings of fact for KMPA-02-1 and Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 1 Resolution KMPA-02- 1; adoption of land use designations, as per staff report and the goals and policies of the "West View Estates Development Plan" as outlined in Attachment A. Wilson noted a minor amendment of condition 8, Attachment A; rather than a traffic analysis, it should read; development of the approach onto West Reserve Drive should be done accordance, etc. APPLICANT/AGENCIES Erica Wirtala spoke on behalf of Mark Owens and LBO Development. She noted the name change from West Valley Estates, to West View Estates. Wirtala stated they were in agreement with the staff report, especially regarding the goals and policies in Attachment A. However, she suggested alternate language under policy #2; "the residential component of the development plan should be substantially complete prior to the initiation," etc., changed to; "the residential component of the development plan should be initiated and under construction." That way they are putting forth a good faith effort in the residential area before any construction in the high density or commercial areas begin. Wirtala agreed that the requested language regarding the traffic analysis should be amended. She explained their position on the Master Plan request and the three phases of the project. Mike Fraser, of Thomas, Dean, &, Hoskins, 690 N. Meridian, noted that with the proposed land use change, the appropriate zoning in the Commercial component could be R-5, as well as B-1. And urban density would require both public water and sewer. He noted that water would be available from Stillwater Utility, which currently serves Stillwater Estates. He said there is adequate water supply to meet these needs. This also provides fire protection and other municipal services. He noted West Reserve as a secondary highway, which is currently not at capacity. Stillwater Road is paved and is an urban arterial and also not at capacity. He said it is the right project in the right location with necessary infrastructure. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PROPONENTS Mike Fraser, 300 Three Mile Drive, spoke as an adjoining owner in Stillwater Estates, in favor of the project. He said it made good sense in urban development and it would be served by appropriate utilities. Fraser added this density was saving four times this amount of land by developing this type of density here rather than spread out in the County as rural parcels. He said good growth is served by public facilities, public infrastructure, and is well planned. This project meets all three and he asked for their support. Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 2 OPPONENTS Steven Williams, 1300 Haskill Basin Dr., said he owns a lot in Stillwater Estates abutting the project. He was confused about the impacts of annexation to Stillwater Estates. He wondered if he would have to, after putting in a septic, then pay a hook-up fee for City services. He didn't know what the lot sizes were going to be but Stillwater Estates was set up for Montana size lots of % acre plus. He expressed concerns about the style of housing going in and their effect. He wanted more information. He also had concerns about the water coming from Stillwater Estates. He wanted to make sure this development was consistent with what they were doing in Stillwater Estates. Dave Mills, 119 Essex Place, spoke in opposition to the proposal. He stated he lives one lot away and is against high density residential. He did not like the idea of living next to apartments. He said it doesn't' seem to fit next to farmland. He had concerns about maintaining property values. He stated he was never notified this area would be developed into high density residential and he lives 200 feet away. He didn't like how Mike Fraser and Frank Strickland, who own the water and act on their behalf, don't seem to be working for them. He said they seemed to be more concerned about making money. He thought the project directly impacted the neighborhood and property values. He knew it would be developed and said if they make it single family he was all for that. Dan Peterson, 1023 Walton Dr., said he heard of this through word of mouth. He said he doesn't have a problem with the new subdivision, but is opposed to apartments. Peterson also had concerns with missing storm drainage, no shoulder on W. Reserve, and a second entrance for fire protection. He said they should have sidewalks, not three- foot strips with a line painted down the side. He thought there were a lot of expensive issues with both properties. He didn't think the planning has been thought out, they just want to get the homes in. He noted major flooding in the spring and the Homeowners Association said it was not their problem. He said the water is trapped between the Jehovah Witness and W. Reserve with no drainage. He added that Stillwater said they would dig holes and add pipe and gravel for next year, so there is construction going on. He hoped the new subdivision would be well thought out. Steve Trimble, 130 Essex Pl., said he was the most effected since his lot backs to the proposed high density. He stated that when he bought his lot he specifically asked if anything would be built in this area, since it backed to a farm field, and was told nothing would be built, if anything, it would be homes like ours. Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 3 Kristy Zorb, 113 Essex, stated she is opposed to the apartments, high density residential and the commercial tract. She said there is a convenience store at Highway 35. Zorb stated concerns about Stillwater Estates supplying the water and thought the Homeowners Association had a responsibility to discuss that with homeowners before giving their water away. She agreed with concerns about drainage problems and no walk path. She was opposed to doing away with vacant land and thought they should be imposing parks. She added that nobody was notified and thought everyone should be notified before a change could be passed. Van Natta addressed the issue of notification. Wilson stated there is no legal notification requirement for a Master Plan amendment, but they did notify people within 150 feet of the perimeter. Ed Warner, 132 E. Bowman, spoke in opposition stating his main concern is giving away the water to another subdivision. He wondered what would happen when they ran out of water for their subdivision. Bill Cramer, 125 Essex Pl., was opposed to the lack of available information from the developer. He wanted to know what impacts it would have to home values if they built apartments. He said duplexes might be appeasable. However, he wanted to go on record as opposed. Marye Flowers, 2770 Upper Lost Creek Rd., stated she wanted clarification on the water system issue. She said Kalispell Public Works raised questions of integrating independent water systems. She also suggested some protocol to encourage developers coming in with Master Plan amendments to first hold a neighborhood meeting where homeowners can meet and be apprised of the proposal. They could also look at clustering, open space, and trails at that time. No one else wished to speak and the public heaxing was closed. MOTION Atkinson moved and Spooner seconded to adopt staff report KMPA-02-1 as findings of fact for the Master Plan amendment for West View Estates Development Plan and Resolution KMPA-02-1 and to forward a recommendation to the Kalispell City Council to adopt a land use designation of Urban Residential for approximately 42 acres, High Density Residential for the area at the southeast corner of the site for approximately 9 acres, and Commercial for the area at the southwest area of the site on approximately 7 acres, along with the goals and policies outlined in Attachment A of the West View Estates Development Plan. Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 4 BOARD DISCUSSION Brechel expressed concerns about the waste water treatment. Wilson stated there is adequate capacity. He also had a concern for fire safety. Wilson quoted a letter from the fire department stating the department would need to meet the requirements of the uniform fire code and provision of required fire flow. She noted that a loop system may be needed, as well as adequate ingress and egress from the site. Wilson further noted that whether or not this project is approved there is a need for another fire station in this area. Under the current situation with the location of the fire station, the response times are not ideal. Brechel asked for further clarification and Wilson stated the fire department felt they could serve the area adequately, however the distance is not optimal, i.e. more than one and a half miles. Brechel noted they would not have an new station or currently don't have an inter -local agreement . Wilson noted out this is the first step in the review and approval process and the project will take several years to get well underway. She said there would be cumulative effects to the fire department in the area and as the need increases the priority will become greater. Atkinson responded to that saying that if the fire department is not keeping up with response time it would detract from their ISO ratings. He said the circle around the fire station is a lot further than this or other present developments, and we need another fire station for the area and have for a long time. Johnson said he appreciated the concern about water and fire but their charge tonight is to determine if this parcel is suitable for the development. He said the system works by developing and then getting the infrastructure to accommodate the development. Johnson noted two issues under policies; page 14, #2, he said he always thought you couldn't put a condition on a Master Plan amendment. The other item, #8, he felt was already addressed and asked Wirtala for the provided verbiage. She said to strike traffic analysis and insert development of the approach West Reserve. Johnson said this and # 9 are conditions of preliminary plat and not about whether this piece of property is suitable for a Master Plan change. Brechel disagreed and read page 66 of the Master Plan. He said it addressed that and recommended they have adequate fire safety when they consider Master Plan amendments. He said that's planning before we approve. Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 5 Atkinson had questions concerning the water supply and Wilson said Stillwater Estates could be classified as a public water system or a water district, where in such case they have design standards and review processes in place. She said the issue is between Stillwater Estates Water District Board and the State of Montana and then ultimately up to the City of Kalispell. Atkinson asked about annexation and Wilson explained that because of the incorporation of additional land into the city limits the issue of annexation becomes pivotal. In review, along with policy #1, there would also be public utilities to serve the proposed density, which is covered in policy #9. She said there is an implicit understanding between all parties that yes, the property would be annexed and yes, public utilities would be used to provide services to the site, including roadways with curb, gutter and sidewalk. Atkinson asked about urban residential lot size and Wilson said it could go from 5,000 to 6,000 square feet, up to under a 1/2acre in size. Atkinson asked about parkland and Wilson said that would be addressed once they get into the actual review for subdivision, but what is being proposed would be in excess of the requirement. Atkinson commented on the roads to this and surrounding developments as being very poor planning. He said it was good that the development was looking at integrating with the rest of the community. He addressed the Stillwater Estate owners, saying they went in under County rules and regulations, which is why they were developed to rural standards. He asked Wilson about the sewer requirements for Stillwater Estates. Wilson said there was discussion about extending public sewer into phases Two and Three of Stillwater Estates if it was available. P.J. Sorenson said there was a note on the plat, which states that property owners waive the right to protest annexation and SID's. Atkinson asked about notification and Wilson said that as a matter of protocol they noticed property owners within 150 feet, but it was more of a courtesy, it is not required by law. Wilson further addressed Mayre Flowers suggestion of a pre - meeting with neighbors and said it was a good suggestion and they do try to mention it to the developer. She said they would make a better effort to encourage it. She also addressed the consideration of impact fees and said there Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 6 was not a mechanism in place for that. Rice asked about anticipated zoning and Wilson said it depended on what the planning board and city council adopt. She recommended they consider the character of the area immediately adjoining this and to what has been established and anticipated under the existing Master Plan. Rice asked if they could look at the corner as being developed unto itself, as a PUD, so there could be guidelines for the mix of high density and residential use, so it's not labeled R- I or R-4. The developers would come up with a -plan to show how there would be some transition. Wilson said they could integrate a policy statement into Attachment A to encourage the developer to coordinate the design within a high -density residential component, or integrate a variety of housing types, including single family, duplex, multi -family, townhouses. Or, it could come in as a PUD. Van Natta asked if they were getting ahead of themselves and Wilson said, not necessarily. She said they would not want to recommend a zoning assignment at this meeting, but as far as the land use they could assure there is compatibility with adjoining landowners with a simple policy statement. MOTION Brechel moved to amend condition #4, that the Kalispell City Planning Board recommend to the Kalispell City Council that the City first be assured that a fire sub -station be located in this portion of the City as per City -County Master Plan recommendation. No second was heard and the motion died. BOARD DISCUSSION Johnson asked Wilson, based on the knowledge we have today and within the perimeters of the Master Plan, there is nothing in the staff report that would suggest that water would not be available, and she said, that is correct. Johnson asked Wirtala about their requested amendment to item #2, under policies. Wirtala proposed the language for policy #2 to read as follows, the residential component of the development plan should be initiated and under construction prior to the initiation of development, etc. Johnson so moved. No second was heard and the motion died. Johnson moved to amend policy #8. Wilson advised that was part of the staff recommendation to make that amendment to condition #8 using the same language Wirtala provided; development of the approach onto W. Reserve Drive be developed in accordance with, etc. Johnson withdrew his motion. Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 7 MOTION Rice moved and Atkinson seconded to replace "substantially complete" with "initiated and under construction with completion ofphase one. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION Van Natta said it was unfortunate they got into discussion regarding the design of the adjacent subdivision, but those were the problems when you enter into a project where the standards are not the same. He said the water issue has been handled and if the water supply is not adequate the water would come from some place. As for the traffic and pedestrian safety he suggested it might be a lot easier and quicker to get bike path money from the State to get something along one side of the road. He suggested this might be something the City can do. Van Natta said he had concerns about the high density residential adjacent to the larger lots. He said there was a fairly large border proposed, and perhaps there is some kind of buffering they could put in or they could look at high density but not more than duplex. He said he was wrestling with that and if he was an owner in the adjacent subdivision he wouldn't be happy either. MOTION Spooner moved and Brechel seconded to designate it as Urban Residential. BOARD DISCUSSION Wilson offered a finding; the potential impacts to existing adjoining land uses and impacts to the established residential neighborhood character. Rice said he was not opposed to high density. He noted they would have water and sewer and be on a major thoroughfare, so there could be some extra density, but he thought there should be a limit. However, he did not agree it should be straight urban residential. Atkinson agreed with Rice saying there could be some provision for buffering while maintaining a high -density residential status. Brechel asked if the amendment passed and it was annexed into the City could the developer apply for a zone change to R-4, if he could make a case for it. Wilson said he could annex under R-4 with either high -density or the urban residential designation. Wilson said they could come up with language to say properties to the north and east boundaries would be residential in character, or single-family and duplex. There was a brief discussion about requiring buffering. Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 8 ROLL CALL The motion failed unanimously on a roll call vote. BOARD DISCUSSION Rice moved and Anderson seconded to add language to item #6, which would delete north and add to the end of the sentence, "to serve as a buffer to the less dense residential development to the east, which would be single-family development along that boundary." ROLL CALL The motion passed unanimously on a roll call vote. ROLL CALL (MAIN) The motion passed unanimously on a roll call vote. Van Natta called a five-minute recess - VILLAGE HEIGHTS A request by Kal-Mont Dairy Farm for preliminary plat SUBDIVISION approval of Village Heights Subdivision, an eight -lot PRELIMINARY PLAT townhouse subdivision on 2.433 acres on property zoned RA- 3 on the north side of Village Loop between Whitefish Stage Road and West Evergreen Drive. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KPP-02-1 presentation of staff report KPP-02-1, a request for preliminary plat approval of Village Heights Subdivision, an eight -lot townhouse subdivision on 2.433 acres. There would be eight, duplex/ townhouse lots created in the subdivision that range in size from 9,496 square feet to 29,267 square feet. Wilson reviewed the findings of fact and recommended approval subject to 14 conditions. Van Natta suggested that item #12 say, be installed by the developer and approved by the fire department. Wilson noted that change. APPLICANT/AGENCIES Erica Wirtala, of Sands Surveying, spoke on behalf of George Schultz, stating there were 4 parent lots and 4 sub -lots for condominium/ townhouse style development. For a total of eight sublots She said they would agree to make the donation of cash -in -lieu of parkland since their parkland wasn't adequate as far as offering recreational potential. Village Loop is a dedicated City street and there is a small internal roadway that services Village Loop. She said there was a fire hydrant already in place and Mr. Schultz is in general agreement with the conditions outlined by staff. PUBLIC HEARING The public hearing was opened to those who wished to speak. PROPONENTS No one wished to speak. OPPONENTS Jim Holmquist, 405 W. Evergreen Dr., said he was not in opposition, but his main concern was the trailer where his Kalispell City Planning Board Minutes of the meeting of May 28, 2002 Page 9