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Planning Board Minutes - March 9, 2004KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 9, 2004 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:05 p.m. Board members present were: Rick Hull, Jean Johnson., Sue Ellyn Anderson and Timothy Norton. John Hinchey, George Taylor and Jim Atkinson were absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 40 people in the audience. APPROVAL OF MINUTES Anderson moved and Johnson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of February 1.0, 2004. The motion passed unanimously upon roll call vote. HEAR THE PUBLIC No one wished to speak. DEMEESTER INITIAL A request by Ron and Sharon DeMeester for an initial zoning ZONING REQUEST designation of R-4, Two Family Residential on 0.77 acre located on the west side of 7th Avenue West and south of 1 lth Street West upon annexation to the city of Kalispell. STAFF REPORT KA-04-1 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KA-04-1, a request for an initial zoning designation of R-4, Two Family Residential on 0.77 acre located the west side of 7th Avenue West and south of l lth Street West upon annexation to the City of Kalispell. Wilson displayed the vicinity map and stated it is nearly an acre of property. She said that most nearby properties are annexed and the purpose of this annexation is for the applicants to connect to utilities. She stated there are two lots running east to west and the applicants will be requesting a minor subdivision with a shared access off of 7th Avenue West. The subdivision request will go directly to the city council and it is currently zoned R-5 in the county. She said the property has been proposed for R-4 zoning, a Two Family Residential zone. She stated the only difference from the current zoning is lot size, but the applicants need to connect to utilities, and that duplexes are a permitted use in the R-4. Wilson stated that the Kalispell Growth Policy designates this area as Urban Residential and anticipates the use as a mix of single family and duplex residences. She said that all the infrastructure is in place with water and sewer in the right of way and the applicants would connect via a service line, and the proposed R-4 is consistent with what is already there. Kalispell City Planning Board Minutes of the meeting of March 9. 2004 Page .l of 1 She stated the staff is recommending R-4 zoning upon annexation to the City of Kalispell. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Sharon DeMeester, 415 Chestnut Drive, stated they want to be annexed, and the property would be hooked to utilities at that time. PUBLIC COMMENT Phyllis Leonard stated that she sold the property to the DeMeesters and is happy to see them developing the property. She said it was a very nice neighborhood, with a lot of duplexes, and their plans are right in line with the neighborhood. No one else wished to speak and the public hearing was closed. MOTION Johnson moved and Anderson seconded to adopt Staff Report KA-04-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be R-4, Two Family Residential upon annexation to the City of Kalispell. BOARD DISCUSSION Norton asked Wilson about the size of the property. Wilson answered that it was .77 of an acre according to the Certificate of Survey. Norton agreed that this is a good use of the property. ROLL CALL The motion passed unanimously on a roll call vote. GLACIER VILLAGE GREENS A request by Glacier Village Greens Homeowner's Association CONDITIONAL USE PERMIT for a conditional use permit to construct a community center REQUEST on property zoned R--4, Two Family Residential, located on the west side of West Nicklaus Avenue. STAFF REPORT Nar la Wilson, with the Tri-City Planning Office, gave a #KCU-04-1 presentation of Staff Report KCU-04-1, a request for a! conditional use permit to construct a community center on property zoned R-4, Two Family Residential, located on the west side of West Nicklaus Avenue. Wilson stated that the property is on the west side of West Nicklaus Avenue in the Glacier Village Greens subdivision and that the board dealt with issues related to this with a minor subdivision to the east a few months ago. She said the property is Lot 167 Phase III of the subdivision and is north of the homeowner's park on West Nicklaus Avenue. She explained that the Homeowner's Association is proposing to Kalispell City Planning Board Minutes of the meeting of March 9. 2004 Page 2 of 2 build a community center which is approximately 2,500 square feet in size on this 1.78 acre parcel. Community centers are listed as a conditionally permitted use in the R-4 zoning district. The facility would be used for residents and guests of Glacier Village Greens for birthdays, weddings, classes, etc. Wilson said there would be no public use of the facilities and there would be no standard hours of operation (somewhere between 8:00 am and 10:00 pm) but it would probably not be used on a daily basis. Wilson explained the area is currently being used as park area, that there is play equipment and a restroom there, although the play equipment may need to be relocated in order to build the center. She said the 1.78 acres was initially designated as an RV storage area, but the developers built an RV and equipment storage area to the west six or seven years ago, and so it has been used as a park area. She said it is adjacent to another park area to the south, so there is about four or five acres right there that function as park and open space for Glacier Village Greens. There are also trails that run through the area to the west. Wilson said the center would be accessed by a 24 foot wide access road to the parking lot. Although 10 parking spaces would be required, the developers are providing 23 spaces, with an area for golf cart parking as well. She stated there is good access to the site and the developers will be improving an existing access. It appears there is no secondary access requirement for lire purposes because it is close enough to West Nicklaus Avenue and an existing hydrant. She said there is some landscaping already existing on the site and the developers will be adding more to the north to buffer adjacent residences. Wilson concluded by saying the staff believes the community center will be a good addition to the development, and that the homeowners have been planning this for several years. Staff recommended the planning board adopt the staff report and recommend approval of the CUP to the city council. PUBLIC HEARING The public hearing was opened to those who wished to speak i on the issue. APPLICANT/AGENCIES Erica Wirtala, Sands Surveying, representing the Glacier Village Greens Homeowner's Association, showed the overall master plan of Glacier Village Greens, and stated that at full build -out, there will be approximately 1000 residents. She said the community center is a much -needed amenity. She also showed a photo of the lot, and said the playground equipment will be relocated but the restroom will stay where it is. They are in agreement with the conditions listed on the staff report. Kalispell City Planning Board Minutes of the meeting of March 9. 2004 PUBLIC COMMENT I Charles Reynolds, Lot 169, 199 West Nicklaus, asked a number of questions. if there was a designated time the building would be shut down and if it was a condition of the CUP; if the park behind his house was going to be used as a parking lot; if the City requires a certain amount of space for the park space and if the center would be taking away from that park space. He said the streets get very congested when the park is used for parties, and he would like "no parking" signs for the fire hydrant, mailboxes, etc. Elsa Putzier, 198 West Nicklaus, stated that she is concerned with traffic and parking, and that she purchased her lot because of the covenants and there was little traffic. She said she is concerned about losing the play area for kids and that the golf course can only be used for golf, not walking, etc. She also stated the runoff from Mission Village above them is a problem and that the previous owners used to dig a trench for the runoff, and now there will be a building and parking lot where the trench used to be. Pat Brown, 201 West Nicklaus, stated she is a member of the Glacier Village Greens board, and the board is strongly in favor of the community center. She said GVG is primarily a community of older people, and the community center will address a community need. She said the board will see to it the center is not a nuisance and they will set the hours of operation, and that 23 parking spaces will take care of any parking needs. She said the majority of users will walk when they want to use it if they can, or take golf carts if they can't walk, The center will be offering things to the elderly community that will be advantageous to everyone. Jim Connolly, 231 West Nicklaus, stated that he is president of the GVG homeowner's Association, and that the playground equipment will be moved about 20 feet further to the east, and that is the only thing that will change. The park is almost all east of the restroom area and the rest of the property remains unaffected. He said the center will be built on the west side of the property. He said he also shares concern about the runoff from above, but that it will have no effect on the community center. He stated the park space will not change when the center is built, and the area is rough grass that is not used except for dog walking. He said the GVG Homeowner's Association has formed a committee for the operation of the community center and that people will make an application to use the center. In response to a question, he said the parking will not extend past the three homes to the north and the only thing planned behind the homes is an irrigation system to green it up. Kalispell City Planning Board Minutes of the meeting of March 9. 2004 Ague 4 0€4 No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KCU-04-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit be granted to the Glacier Village Greens Homeowner's Association to construct a community center subject to the four listed conditions. BOARD DISCUSSION Norton asked if the property owners to the north were notified. Wilson answered yes, that those property owners within 150 feet of the property were sent notices. Wilson explained that the park requirements aren't always satisfied by passive open space and a recreational amenity must be supplied. She said the community center will provide an amenity that will be considered as part of the parkland and further the recreational component of the subdivision. Kull stated that this issue has already been discussed, so the board is familiar with the issue. ROLL CALL The motion passed unanimously on a roll call vote. HIGHLAND DEVELOPMENT A request by Highland Development for an initial zoning INITIAL ZONING REQUEST designation of R-3, Single Family Residential with a Planned Unit Development overlay on 67.49 acres located west of Northridge Subdivision and east of Stillwater Road upon annexation to the City of Kalispell. STAFF REPORTS KA-04-2, Narda Wilson, with the Tri-City Planning Office, gave a KPUD-04-I AND KPP-04-2 presentation of Staff Reports KA-04-2 and KPUD-04-1, a request for an initial zoning designation of R-3, Single Family Residential with a Planned Unit Development overlay on 67.49 acres located west of Northridge Subdivision and east of Stillwater Road upon annexation to the City of Kalispell, and KPP-04-2, a request for preliminary plat approval of an 83-lot residential subdivision on approximately 30.39 acres. Wilson explained this property is approximately 67 acres and lies to the west of the Northridge subdivision, north of the Meadowland subdivision, and northwest of Empire Estates subdivision. She said it is currently zoned SAG 10 in the I county, has been used as an "urban reserve" for future � development. It has been anticipated that the property would develop in this way. She said that roads to the west, E Hilltop and Northridge, have been proposed for western extension for this property and the developers are proposing R-3, single family zoning, with a PUD overlay. She said the aiispeil City Planning Board Minutes of the meeting of March 9. 2004 Pin, � of 5 PUD allows for a mix of single family, attached and detached dwellings, duplex and triplex units and gives flexibility in lot sizes, subdivision design and housing types. Wilson stated the Kalispell Zoning Ordinance allows seven dwelling units per acre under a PUD. She noted that 5.8 acres to the west have been reserved for the Kalispell Bypass, and will be acquired by the State for bypass development. 'There is a net of 61.67 acres of developable area with density of approximately 5.1 dwellings per acre, which is below traditional R-3 zoning or PUD zoning. Wilson explained the PUD allows flexibility in design, lot sizes, setbacks, and the creation of sublots for townhouses. She said that Phase 1 shows the extension of Hilltop Avenue and Northridge Drive to the west, with Phases 2 and 3 bringing more extensions, and that the first subdivision in the PUD does not deviate from traditional R-3 zoning. She said the developers tried to be sensitive to the existing neighborhoods by placing single family lots next to existing single family subdivisions. She noted the area to the north will be next to the Waterford PUD, with a higher density to match theirs. The area further to the west and near the bypass would be some multi -family and attached homes. Wilson stated the Kalispell Growth Policy designates this as Urban Residential and anticipates 4 to 12 dwelling units per acre, and the development is well within those limits. She said the PUD for this project departs from traditional zoning in the mix of housing types and that the developer proposes the conveyance of sublots for the townhouse units. She noted there will be no deviations with the roadway requirements, and the PUD will act as the zoning for the entire property. She said that staff recommends adoption of the staff reports KA-04-2 and KPUD-04-1 with the conditions listed. Wilson explained the preliminary plat design and location. She said that the subdivision is approximately 30.39 acres, with 83 single family lots being proposed. It shows a roadway extension across the bypass corridor. She said that Steve Herzog of MDT attended a site development meeting regarding the extension and considered a couple of options for the bypass area, including an overpass, or a right -in, right -out access on both the east and west side of the bypass, and that MDT would probably allow an extension across the bypass to Stillwater Drive otherwise the traffic would be pushed through Northridge to access Highway 93. One of the conditions in the staff report is that a traffic analysis be performed to check impacts to the roads under multiple jurisdictions. Wilson said that access to the south to Empire Estates is being recommended and that the roads be connected to to Kalispeli Ciry Planning Board Minutes of'the meeting of March 9. 2004 Pave 6 of'6 that this portion of Empire Estates has access. The developer has recognized the need for this minor redesign in the roadway. Three other roads in the area will be extended to serve this subdivision with this first phase of development including Hilltop and Northridge to the east which are City streets and Foxhill Drive to the south, a County road. The right of ways are in place and have been planned for future extension. Wilson explained the parkland dedication requirements are 11% or 1/9 area in lots. This subdivision has two park areas totaling 2.18 acres, which will be homeowner's parks and will not be turned over to the City. She said the overall subdivision plan provides access to all park areas through pedestrian paths and that this subdivision will contain approximately 17 acres in lots. This creates a need for 1.87 acres in parkland. The proposed park area may potentially be used to satisfy parkland dedication requirements for the entire PUD if irrigation., landscaping, play equipment, etc. are included. She said the developer could coordinate a plan for improvements to the park areas, and an equivalent amount of money for future phases could be invested in the park. Because this is a homeowner's park, a maintenance agreement would need to be in place with each homeowner paying a pro rata share of the cost of maintenance of the park areas an / or other coarrzrnon areas. Wilson explained the Kalispell Growth policy states this is currently used for very limited agricultural purposes and the area is designated as Urban Residential which anticipates four to 12 dwelling units per acres. This subdivision has approximately 2.74 dwellings per acre with an average lot size of 9,000 square feet. She said that staff is recommending adoption of the staff report for the preliminary plat and recommending to the city council that it be approved subject to conditions listed in the staff report. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Bruce Lutz, landscape architect and land planner for the project, stated they had several meetings with TCPO staff, and they felt the holistic approach in annexing the property was best because the developers didn't know what is going to go in Phases 2 and 3 yet. However, do they know the density they are anticipating, but not exactly what type of housing units will be built. He said there will be very detailed layouts when the subdivisions for these areas come forward. He noted that this first subdivision will strive to be as compatible as possible with existing adjacent subdivisions. There will be parkland linked by paths to future phases of Kalispell City Planning Board Minutes of the meeting of March 9. 2004 Page 7 of 7 the development. He said they are aware of the grade constraints in Phase 3, and the developers may coordinate their development with Waterford to the north. He said they at least need a temporary access to Stillwater Drive for construction crews so they do not run equipment through current neighborhoods. He stated that Phase 1 will be built over three years in a loop and will connect to Empire Estates by two accesses. The developers would like to see a right -in, right -out access to the bypass and are working with the State on a potential approach. Lutz stated they concur with the conditions in the PUD and the preliminary plat, and feel this is appropriate and orderly growth. PUBLIC COMMENT Roger Bowman, 440 Summit Ridge Drive, stated the development sounds good, but questioned the access to Highway 93. He stated that Hilltop and Northridge is a very busy intersection which funnels into one intersection to access 93 and that Summit Ridge Drive does not have a stoplight and it is impossible to go north on the highway. He said that Fox Hill Drive goes nowhere and the bypass may not happen for a long time. He is concerned that Northridge and Summit Ridge will get all of the traffic from this subdivision. Steve Dodey, 413 Northridge Drive, stated that he has the same concerns with traffic and that Sherry Lane and Northridge is a very dangerous intersection, and with Hilltop funneling back to the same intersection, there will be trouble. He stated the traffic issue needs to be addressed. Victor Direito, 156 Sherry Lane, stated that lots of kids play in the area now because it is a dead end and there is a one way stop there. He said that safety is an issue and was wondering if there were going to be stop signs, etc. Meridel Barden, 214 North Riding Road, is concerned about traffic and storm water run off. She said her property already floods and it backs up to the first phase of this development.. Laurie Smith McCann, 435 Summit Ridge Drive, stated that traffic is an issue in the area, because they have no sidewalks and with extra traffic, they will have no place to move off of the road. Wayne Turner, 3300 Highway 2 West, stated he is the developer of the subdivision to the south (Empire Estates) and that the development will help them tremendously, and he very much approves of it. No one else wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the rneetinL� of'March 9. 2004 Pave 9 of 9 MOTION Anderson moved and Johnson seconded to adopt Staff Reports KA-04-2 and KPUD-04-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for 67.49 acres of land be R-3, Single Family Residential, with a PUD overlay upon annexation to the city of Kalispell. BOARD DISCUSSION Hull stated it was his understanding that PUDs are laid out in the beginning of a project, and asked why this one is not. Wilson said a more detailed plan for development will come before the board later, but the PUD would act as zoning. She said it was done this way so the entire 67 acres could be annexed up front not just that portion of the subdivision. As the future phases come in more detail will be provided regarding the location and type of housing. Hull asked about the levelness of the area and stated there is a steep slope on one portion and questioned where stormwater would go. Wilson stated that while Phase 1 is level, a portion. of Phase 3 has a steep slope and that stormwater will be retained on site as the phases are developed as required by the Kalispell Design and Construction Standards.. Norton asked about the PUD and the R-3 zoning. Wilson stated that staff was trying to give the developer some flexibility, and that Phase i conforms to R-3 zoning. The future phases will be more detailed as the project evolves. The developers had the option to not annex the entire parcel, but they chose to annex and create a PUD, promising more detail on Phases 2 and 3 in the future. She stated it was a more holistic approach by getting some vague information up front than waiting to annex and that Phases 2 and 3 will come before the board again.. Norton asked about Ashley View Drive and the bypass and if it was a temporary solution. Wilson answered they are meeting with MDT within 30 to 60 days to try to resolve the issue and the staff is recommending allowing limited access to protect the integrity of surrounding neighborhoods. An interim solution would be to extend Ashley to Stillwater until the bypass is done. Norton asked Wilson about the access roads into Empire Estates, and stated they were not on the plat or overlay. Wilson said it was Condition no. 6, which is Lot 52 in the staff report and they would be slightly shifted from the Kalispell City Planning Board Minutes of the muting of March 9_ ?004 Pflue () of 9 preliminary plat to provide two accesses to the property to the south. She said the developer has agreed to this road configuration and showed the board a layout of the two connecting roads to the south. Wilson explained some of the conditions in the staff report. She stated that the PUD recommends that future roadway extensions be made. She reiterated that traffic is of the utmost concern and how it would be handled to lessen the impact on existing neighborhoods. She said that Northview Subdivision extended North Riding Road down to Three Mile Drive and it is another way out for traffic. It is critical that the Stillwater extension be approved done in order to serve the subdivision and mitigate traffic impacts. The phasing and density will undoubtedly have impacts, but should not be a significant in the first phase because it will be slowly developed. In response to a question from the public, she said that Fox Hill Drive connects to North Riding Road and then to Three Mile Drive. Hull stated he is concerned about stormwater in this area, and that there is not a provision for stormwater drainage in the conditions. He proposed an amendment to have their stormwater plan approved by the City. Johnson stated it was required by statute anyway. Norton stated he was concerned with not getting the PUD all at once, but recognized the staff's willingness to help the developer to get all of the property annexed to the city at once. He stated we can address any other concerns when the future phases of the development come before the planning board for review. AMENDMENT - CONDITION Hull moved and Norton seconded that Condition 16 be added 16 which reads, "The plans and specifications for a stormwater system be reviewed and approved by the Kalispell Public Works Department." ROLL CALL - AMENDMENT The motion to amend the staff report passed unanimously on a roll call vote. ROLL CALL - MAIN The main motion passed unanimously on a roll call vote. MOTION PUBLIC HEARING The public hearing was opened again to those who wished to speak on the issue. APPLICANT/AGENCIES I No one wished to speak. ' PUBLIC COMMENT ' No one wished to speak. Kalispell City Planning Board Minutes of the meeting of March 9. 2004 Pac,f, I(IC)fIf) No one else wished to speak and the public hearing was closed. MOTION Johnson moved and Anderson seconded to adopt staff report KPP-04-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that preliminary plat approval for an 83-lot single family residential subdivision be given to Northland Subdivision subject to the 15 listed conditions. BOARD DISCUSSION Norton stated that he agreed with the traffic concerns expressed by the neighbors, but the development will be phased in slowly, and the roadways would developed to accommodate additional traffic and would be able to handle it. Wilson stated that when the traffic analysis is done, if stop signs are warranted or other improvements need to be made, those would be identified in the traffic analysis. Hull said that Summit Ridge does not seem to be connecting to the subdivision. Wilson noted that Summit Ridge Road is outside the boundaries of this development and that when Waterford was reviewed an emergency access road connected to it. Wilson noted this project will go before the Kalispell City Council on April 5th. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS There will be a work session to discuss sign regulations on Wednesday, March 17, 2004 at 7:00 pm. There was discussion about other possible work session topics, including bike paths and sidewalks. NEW BUSINESS Wilson stated there will be two big subdivisions on next month's meeting agenda that are located on the south side of Three Mile Drive near where other development has taken place in the area. Additionally there will be a couple of smaller annexation and a commercial PUD. Kalispell City Planning Board Minutes of the meeting of March 9.2004 P,qup I I of I t ADJOURNMENT The meeting was adjourned at approximately 9:05 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, April 13, 2004. Timothy Norton Acting President Judi Funk Recording Secretary APPROVED as submitted/corrected: / /04 Kalispell Cite Planning Board Minutes of the meeting of March 9. 2004 pane 9 7 fif 17