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Planning Board Minutes - July 11, 2006KALISPELL CITY PLANNENG BOAR & ZONING CMMSsN hMWES OF REGULAR MEETING JULY 11 , 2006 CALL TO ORDER AND ROLL The regular meeting of the Ka i.spell City Planning Board. and CALL Zoning Commission was Called to order at ` 00 p.m. Board members present were: Timothy Norton, Rick Hu 1, John Hinchey, Bryan Schutt, and Robyn Balcom. Kari Gabriel and Bob Albert were absent. Sean Conrad and Torn Jentz represented the l ahs el. Plarming Department. artmer t. Where were approximately 7 peo le in the audience. APPROVAL OF BERMTES Hinchey moved and Bal om seconded to approve the mutes of the June 13, 2006 regular planning board meeting. The motion passed unanimously on a roll call Grote. HEAR THE PUBLIC No one wished to speak. CEDAR COMMONS A request from Beargrass Holdings, LLP, to create six lots REL PMARY ranging size `rm 2,163 square e t to 2,521 square feet A' EARL ASS I and one common area lot of 30,200 square feet. The HOLDINGS,, LLP property is zoned B-2, General Commercial, and is located on the east side of 3rd Avenue East, approximately 350 feet south of the intersection. of 3rd Avenue fast and 1 th Street East. STAFF REPORT ;P - - 5 Sean Conrad, representing the Kalispell Plan .gig Department presented Staff Report KPP- -5 for the Board. Conrad notedthat a revised preliminary plat and a. letter from are adjoining property owner were received after the packets were mailed. Conrad stated this is a vacant piece of property located on 3rd Avenue e Bast across from the Outlaw Inn. The property is one B-2. which is a commercial usm* ess district. The zoning does allow multi -family ily housing are.d sublots. The t owner is requesting to re or l ure existing lots on this vacant piece of property to create a. number of sublots in order to accommodate 6 - 4 plexes, The Common area would accommodate fate all of the parking for the housing. Conrad Continued the plant has been slightly revised to increase the su lot size to meet the building Code requirements for fire wall breaks. The o-mmon area is now slightly smaller but no parking spaces are lost in the re Si tin n • Conrad noted that staff received a. letter on the proposed subdivision from a. neighbor's sore located at 12 t Avenue East. He cii3 em ..* the high water table in th Kalispell City Planning Board Minutes ofthe in ti u o Jul 11, 2006 Page I of 8 area and that this particular development may cause groundwater intrusion into her basement and may affect her well. In addition the letter states: "She would hope that qualified engineers capable of honestly assessing the impact, and who are aware of the historical condition of the property, the amo x t and type of fffl, and any other pertinent information make an assessment which will predict to the best of their ability any impact on current property owners, or to the proposed development itself. Conrad said that the property is zoned General Commercial and does allow for this type of component, which is actually a permitted use. The property is not located in the 0-year flood.plain and it is .not a designated. wetland.. The property owner is aware of past high groundwater and a geotechnical report was completed on the property. There is a large amount of Fffl material that has been dumped onto the property which he intends to remove and put a pit run base n place and then construct the buildings accordingly. Conrad said he noted the Building Department so that they are aware of the neighbors' concerns with groundwater. The Public works Department is also aware of the high groundwater in the area and they have required a stormwater drainage management plan to address the amount of water that filters into the site. Staff is recommending that the Kalispell City Planning Board adopt staff report K -- rt 5 as findings of fact and recommend to the Kalispell City Council that the prel.r, .ir�ary plat of Cedar Commons be approved subject to the 12 conditions listed in the staff report. QUESTIONS ' THE Hlnchey asked why the board is reviewing this project if it is BOARDa permitted use. Conrad explained that because of the reconfiguration the project had to go through s b d ivision review so that access, as well as sto=water and ogler issues could be addressed. Hinchey asked if the density is being increased and Conrad said. no. APPLICANT AGENCIES Ju* n Burton, Surveyor stated that they are trying to reconfigure the lots to be able to lit the-plexes onto the property. As they are configured now the lots are only 40 feet wide and they are not big enough to do what the developer would like to do. Burton noted that he talked to the developer who has no problems with the conditions. Mull asked if there is a plan for a road to come through. Lots that would tie this development into a neighboring development. Burton said that is part of the parking area and is addressed. M' the conditions. Jeff Goodrea l, Schwarz Engineering reviewed the stormwater management plan that would discharge the stormwater off to Ashle ' Creek and not back to the site via trench drains or Kiisll City Planning Board Minutes of the meeting of July 11, 2006 Page 2 of 8 any other type of dry well system. Any of the grater that comes to the site, will be stored in a frig detention tank system which gill regulate its discharge back to the City stor water system. They corked �� u is Works � � up with the plate.. Norton asked if the detention area would be incorporated mto the landscaping. Goodreau said fires, there are multiple cateh basins through the parking lot and trough a swale that is on the northeast and northwest corer where it pools from other properties and then drains to the south. Gerald Bile, Structural gi eer on this project noted that one of the co cers that they dealt With through the soils report was placing the foundation of the structures high u so it did not impact the grater table. In their soil testing o this property they found that saturation was Derr high which is partly why they are replacing the U to lift the structure . They are not putting in a full 3 foot foundation but a slab on grade with insulation. The soils or the water tables will have the least amount of impact that they can for this project. Hinchey asked if the U wiU m any way exacerbate the ground water problems or potential problems for the neighbors. Hind ey clarified that by bringing in MI will it shift the water table m any way. Bile said they are going to e removing the existing U because it was improperly placed. Bile added from a structural and geotechni.eal standpoint it will be cleaner fill than what was there and wil be compacted and placed in a controlled manner M order to provide a solid base to work on. It should not have negative impact on surrounding areas and should actually stake it. Norton noted that it is .mice to see the area finally using this type of construction because here are a lot of areas with high groundwater problems. PUBLIC HEARING Kevin Hinkle, 14th Street and 4 thAvenue East said that he was concerned mainly that the gravel driveway would become a continuation of 4thAvenue East traveling south.. In the Ryker Addition here are a bunch of different ro erty boundaries and the gravel driveway is all private property. Hinkle noted that children use the area for play and bike riding. Norton noted that here would be a building constructed at the end of this driveway and it would not be used as an access to this development. MOTION Schutt moved and Hinchey seconded a. motion to adopt staff report K-0-05 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Cedar Commons be approved subject to the 12 condi dons listed ire fipell City Planning Board Minutes of the meeting of July 11, � 0 Page 3 of the staff report. BOARD DISCUSSION Hull said he heard they used to hunt ducks where the Outlaw Inn is located. When Highway 93 was built a regular storm systems, was plat M and that is what they are plan=g to use s'o ,e doesn't think that high groundwater i an .issue. Hull did say that high ground water should be discussed when the Board, reviews the Subdivision Regulations. Norton noted that the City now has a St r mwater Engineer, Susie Tamer with the Public Works Department and the City has more expense than they had �r� the past. Scutt said that there have been some subdivisions proposed on this side of Highway 3 and over on the crest side that are experiencing stormwater runoff problems. In the past he has hoped the engineers would figure it out. Sett said they are getting down to one of the lower sections of the City stormwa.ter system and he hopes that with 3 surveyors engineers who are on this project it works the way they have described it to the Board. Norton echoed the comments and concerts of both Hull and Scutt. Norton noted that the public comments have been taken into consideration and have been addressed. He added the engineers and professionals in our City are tang notice that there is a problem and it is being rectified. ROLL CALL The motion passed unanimously on a roll eat. vote. PRELINCENARY PLAT - A request from the Hizae Corporation to re -subdivide five ENDED SUBDMSION existing lots within Stratford Village Phase 3 in order to OF LOTS 741P 51; 76, 77, & create to sublots. The proposed sublots would l range in size 78 F S RAF RD from 3,813 square feet to 3,834 square feet. The five existing VELLAGE PHASE 3 lots are zone - , Two Family Residential, and are located along Stratford Drive with the following addresses; 39, 43, ' 51 and 55 Stratford Drive. STD F REPORT - KP- "" Sean Conrad, representing the Kali ell Planning 06 Department presented Staff Report KPP-06-06 for the Board. Conrad said this is a subdivision to create 10 sublots within are approved subdivision, Stratford Tillage Phase 3 was approved in 2004 and the R-4 zoning allows duplexes on the City lots and there are several. duplexes that are already bLudt and some are starting eo strut .e owner is now interested in dividing the interest in those duplexes and e creating townhouse lots so that the individual townhouse and let can be soli., conveyed and leased to separate parties. Conrad noted that the lots are within an approved subdivision with City streets serviag, the lots, water and KIil City Planning Beard flints oft meeting of July 11, '2o 'age 4 of - -- sewer has been a�r�stal,ed and the parldand dedication was taken care of as part of the ongm'al Stratford grillage Subdivision. The Ka .speU Parks & Recreation Department is requesting that they pay eash in heu of parkJand and the proposed sup Lots � .corporate into the homeowners association for the r a Ater ane of the common area and the street lights. Staff is recommending that the Kalispell City Planning Board adopt staff report KPP-06-06 as findings of fact and recommend to the Kalispell City Council that the preliminary `preen . plat of the Amended Subdivision of Lots " , 5, ! 6, 77 & 7 of Stratford Village Phase 3 be approved subject to the conditions listed in the staff report. BOARDSCUSS fi Norton noted that the omate streetlights are not in or phan e with the city's lighting ordinance and will they have to be. Conrad said that the streetlight standard applies to commercial and private properties. These street lights fall within, the public right of way and although the City o Kalispell has contracted with Flathead Electric Coop to replace the street fights these fights do not fall under that provision and therefore will not reed to be changed. APPLICANTS/AGENCIES Jiro Burton, Surveyor stated the property' was approved for duplexes asdescribed and he doesn't understand Cond. tion 2 for pa-rkland because as staff stated the parkland was required at the time that these lots were d.evel.oped as duplexes and they are changing that to townhouses r i h would not increase the density. Burton felt that this was double dipping on the parkland dedication. The plat also states that parkland had been met under Phase 3 of Stratford. Val aage. Burton added that there are no problems with any of the other conditions. PUBLIC HEARING No one wished to speak. MOTION a corn moved and Schutt seconded adopt staff report KPP- 06-06 as findings of fact and recommend men to the Kalispell City the preliminary Council r lliin y ,flat of the m Subdivision ' `that f 769 f of Lots , , 1, R & 78 of Stratford age Phase 3 be approved, subject to the 6 conditions listed in the staff report. BOARD DISCUSSION There was lengthy discussion regarding the parkland issue and the developer requested that he at least receive credit for the parkland that has already been pale on these lots. er tz noted, that the parkland l is based on number of lots d this subdivision would create 5 additional ona.l. lots• In addition .on the value used for calculation of the cash in lieu would be based on current market value of the land at the time the final at if ffled. Kalispell City Planning Board Minute f the meeting of July 11, 2006 Page MOTION - jA3WND Hinchey moved and Balcom seconded a motion to amend CONDITION 2 Condition #2 to read. "The parkland dedication requirements shall be met with the payment of cash in lieu of parkland o o. 15 of are acre with credit to the applicant for payments already made on the on'gm* a lots." ROLL CALL - AMEND The motion to axed Condition 2 passed unanimously on a CONDITION 2 roll caf. vote. ROLL CALL - ORIGINAL The motion to approve the subdivision as amended passed MOTION unanimously on a roll call vote. OLD BUSERESS: Jentz reviewed the text amendment, that was reviewed at the June 13, 2006 Ka is e . anm'ng Board hearing, that dealt with the downtown area park requirements and expansion o the Special Parking Maintenance District 2. The amendment would offer are option to the downtown parking situation where expanding usin sses could provide the additional parking space as required in the Zoning o dlnance, or use a. cash -in -lieu rovision to assist the district in funding solutions to the parking problems. In addition the amendment would be expanded to elude the Kalispell Center Mall ro ert r. However, the staff recommendation included an error that would reduce the mall parking requirement from i space for every 200 square feet of retail space to I space for every 400 square feet or retail space, Jentz rota that the intent was to include the mall into the district, give then the cash -in -lieu option and also to broaden the downtown base which would assist the district in worldng toward solutions to the pang problems, and not reduce the parking requirements for the ma property. MOTION TO RECONS ER Balcom moved and Hinchey seconded a motion to reconsider THE ACTION 'TAKEN AT the action taken at the June 13, 2006 dispel. Planning THE JUNE 132006Board Hearing concerning the proposed amendments to the MEETING REGARDING THE parking requirements rer ents and expansion of the Special Parkin PROPOSED AMENDMENTS Mamte .a ice District #2. TO THE PRE REQUMEBMNS AND EXPANSION OF THE SPECUL PARKING ALAIN'T N,NCE DISTRICT 2* BOAR DISCUSSION None. ROLL CALL The motion to reconsider the action as unanimously on K li l ("i y Planning Board M i notes of the meeting of July 1., 21006 ,gage 6 of ,AAMNDED MOTION PROPOSED AMENDMENTS TO THE PING REQ MEMEN S AND F"ANSION OF THE SPECS PARKING MAINTENANCE STRICT 2# KZ'A--3 a roll caH Note. Balcom moved and seconded a. motion to amend the original motion on amendments to the parking requirements ents and the expansion of the Special arm Mai r� t enan e District #2 to read. "Property located within the special parking maintenance district #2 shall provide I parking space for every 400 square feet of gross floor area for those a ewes within the district south of Center Street and 1 RarldLag ace for evety 200 sguare feet of gross floor area for those rties within the district 'north of Center Street. 1. BOARD DISCUSSION . Balcom felt that the standards should he higher for the mall. Hinchey said that he also is in favor of the motion because the or'gina.l requirement iremer t for the mall was I space per Zoo square feet of floor area since mall stores tend to he smaller and would require more parking spaces. dentz said that the requirement of I space per 400 square feet downtown was put in place as are incentive to encourage development ent the downtown area. With the mall they have always Eved with the 1 - 200 arl g standard and the City is giving them another tool with the cash -ire -lieu of parking option. . Hull noted at the last meeting Norton on ras concerned because the City has aid a large amount of money to tear down the Cenex gra-in elevators for parking which was never used. . Hull felt that there have been a lot of compromises for the ma and he doesn't know any more should he made. He feels that they should arnend the action taken at the last meeting. Schutt said the maH has a long history for fits and starts when it comes to expansion. . Schutt said that he doesn't want to throw additional hurdles in front of the mall are.d he is inclined to leave it at the 1 - 400 ratio. Hull added that he would like to talk to John Moh.e regarding the Parking Commission's view of parking issues facing the downtown area. Hull also noted he would like discussion on the change r� the demographics of downtown businesses from retail to -5 offices. Norton agreed there is a. changing demographic in downtown that reeds to he addressed. ROLL CALL The motion passed on a. Grote o - 1 on a. rod, call vote. NEW BUS Hull expressed his eoncem that the planning hoard has been having important discussions and making decisions without a. link to the City Council. Schutt suggested that a. letter be Kalispell City .Manning Board Minutes of the meeting of July 11, Pang sent to the City Council expressing the Board's concem and volunteered to draft the letter for the resident's signature. The Board agreed. Hull said e realizes that the Council member had recently been injured and felt that ser m' g on the City Council is a iff c It job for someone who Forks -5 , but added it makes it difficult for the Planruffig Board. MOTION Hull moved and Hinchey seconded a motion to send a letter to the City Council expressing the Board's concern that the attendance of the City Council representative has been lacking and requesting that the Council address the Issue. ROLE. CALL The motion passed unanimously on a. roll call vote. NEW BUSENESS Norton noted the importance of the information ation provided i C N 'CIE : the storm Water News p bhcation to the Board and their discussions. Norton asked homer the Board could address these issues and perhaps provide some direction. Balcom agreed it should be a se c s concern of the Board when considering developments. Norton suggested that all of the Board members read the publication. ADJOURNMENT The meeting was adjoumed at a.pprcmrnately :25 p*ram. The next rear meeting of the Kalispef, City Planning Board and. Zonm'g Commission will be held on Tuesday, ,august 8, 2006. Work sessions were held after the rear meeting n the following items: 1, Casinos Text Amendment. 2. Kahspe l Subdivision Regulations Update. Timothy Norton. President Michelle Anderson Recording secretary APPROVED as subzztted/corrected: / /06 Kalispell City Planning Board Minutes f the meeting of July 11, 2006 Page 8 of 8