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Planning Board Minutes - July 13, 2004KALISPELL CITY PLANNING BOARD & ZONING MINUTES OF REGULAR MEETING JULY 13, 2004 CALL TO ORDER AND ROLL i The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Rick Hull, George Taylor, John Hinchey, Jean Johnson, and Timothy Norton. Sue Ellvn Anderson and Jim Atkinson were absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 8 people in the audience. APPROVAL OF MINUTES Johnson moved and Norton seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of June 9, 2004. � The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. BAIN/MAY ZONE CHANGE A request by Greg Bain and Company and Rod and Tanya REQUEST May for a zone change from RA-1, Low Density Residential Apartment, to B-3, Community Business, on approximately 1.06 acres located on the north side of Idaho Street and east of 7th Avenue EN, at 801 East Idaho Street. I STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KZC-04-2 presentation of Staff Report KZC-04-2, a request by Greg Bain and Company and Rod and Tonya May for a zone change from RA-1, Low Density Residential Apartment, to 13- 3, Community Business, on approximately 1.06 acres located on the north side of Idaho Street and east of 7th Avenue EN, at 801 East Idaho Street. Wilson explained the zone change and showed a vicinity map of the prnject. She said this is where the Hilltop Inn sits, with the Daily Interlake to the west, and that the property is split between a B-3 and RA-1 zone, so this is essentially a housekeeping item. The owners want to work on the building, and the RA-1 area is considered a nonconforming use. She said there will be no change in the use of the property, and the owners want to rezone to one consistent zone so they can work on the building. Wilson stated the Growth Policy recognizes this area is commercial, and there will be no change in use which will affect anything in the area. She said that staff recommends adoption of the staff report, and recommends the zone change be granted. Hull asked =uhat kind of businesses could go on the property. Kalispell Clip 'tanning Board Rldnutes o[ `:ne mee¢nv of Iuiv I . _004 Wilson answered that a number of commercial uses could be there, but the owners are not changing the use of the building. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Rhonda May, the applicant, said the property will remain a motel and they will not change the use. They will not begin construction until the fall. PUBLIC COMMENT I No one wished to speak and the public hearing was closed. I j MOTION Hinchey moved and Johnson seconded to adopt staff report KZC-04-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning for this property be changed from RA-1, Low Density Residential Apartment, to B-3, Community Business. I BOARD DISCUSSION I There was no discussion. I ROLL CALL The motion passed unanimously on a roll call vote. THIESEN ZONE CHANGE A request by Jeff and Karen Thiesen for a zone change from REQUEST R-3, Single Family Residential, to R-4, Two Family: Residential, on approximately 5.53 acres located on the east side of Northwest Lane directly south of Kalispell Junior High School. SINOPAH SUBDIVISION A request by Jeff and Karen Thiesen for preliminary plat PRELIMINARY PLAT approval of Sinopah Subdivision, a 26 lot residential APPROVAL REQUEST subdivision on approximately 5.53 acres located on the east side of Northwest Lane directly south of Kalispell Junior High i School. 'STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a KZC-04-3 AND KPP-04-9 presentation of Staff Report KZC-04-3, a request by Jeff and Karen Thiesen for a zone change from R-3, Single Family Residential, to R-4, Two Family Residential, on approx- imately 5.33 acres located on the east side of Northwest Lane i directly south of Kalispell Junior High School, and KPP-04-9, a request by Jeff and Karen Thiesen for preliminary plat approval of Sinopah Subdivision, a 26 lot residential subdivision. Wilson showed a vicinity map and explained the proiect in detail. She said the property is bordered by Meridian Road on the east, with Three Mile Drive lying to the south, and it is on Northwest Lane directly south of the junior high school. She stated the applicants have requested ,a change -o R-4 in iLji,neil ('itt Ylannin Board 14inurec nt the meetinrz of?uty i3. -004 1 order to accommodate four 2-unit townhouse lots for a total of eight townhouses, along with 18 single family homes on 5.53 acres with a total of 26 lots in the subdivision. Wilson explained that the property along Meridian Road is much higher than that to the west; and there will be no access from Meridian Road; there will be a new cul-de-sac off of Northwest Lane. She said there is an existing access off' Meridian which will be abandoned and the three houses and two mobile homes that are currently on the property will be removed. I I Wilson explained that the Kalispell Growth Policy designates this area as High Density Residential, so this project falls within the type of development anticipated for the area. She said there is commercial development on the east side of j Meridian Road, to the south is the old Pacific Power & Light building, and further south are office buildings. She said this I is a good use for the property because Meridian is very overloaded now and this is not a commercial use; the project is a nice buffer into the residential area, with bail fields right across the street, and the school is a seasonal use. She said the City of Kalispell just completed a water project in the area, but there is no sewer on Northwest Lane. I Wilson stated that the owner will get an easement from the school to go across the ball fields to get sewer from Northern Lights Boulevard, and that it is one of the conditions on the I plat. She said that a cash in lieu payment may be used for improvements perhaps to the ball field area to the west, so it would be good for the neighborhood and the school district; the landscape buffer to the east does not qualify as parkland ; because there are no recreational amenities. i She said this is a straightforward project and that nothing was heard from the neighbors. She stated that staff recommends adopting the findings of fact in the staff reports and recommends the zone change and preliminary plat be ; granted by the City Council. QUESTIONS BY THE Taylor asked if the roadway into the area would be improved BOARD at all. Wilson said if there were improvements made, it would be curb, gutter and sidewalk, and right now the east side of the road is separated ;with blocks to provide pedestrian access. She said the Kalispell City Council has been working on the issue of rural roads, and the Board could possibly add a condition to waive protest of an SID to upgrade northwest Lane to City standards. She said the developer should not have to bear the entire cost of an upgrade. Kaliol)etl C'L} '!annin2 Boara Minutes 01 tilt Me[ine oi;uly J" _W4 j Taylor asked about Lots 1A and 22B and if those buildings would be moved 10 feet east. i Wilson explained that these are side corner lots and therefore have an additional set back requirement of 15 feet instead of five. She stated the developers could shift the entire I subdivision over 10 feet because it looks like there is room, or take the single family lots and move them to the corner lots. She stated that the building envelopes are squeezed on sublets on corners, so the developer could shift the entire subdivision east 10 feet, or flip flop the lots. Hull asked what the purpose is for the 50 foot buffer strip (along Meridian Road). , Wilson said it was a steep slope and that Meridian Road is very busy; the buffer would help to keep noise outside the subdivision. i Hull asked if the 10 foot shift could be taken out of that 50 foot strip. Wilson said it could, and the buffer was protecting the subdivision from the impact of that road. She said the developers have enough space to work the 10 feet in and staff does not want the developer to run into problems when they go to get building permits. PUBLIC HEARING i The public hearing was opened to those who wished to speak on the issue. i APPLICANTS/AGENCIES Brian Wood, Cache Creek Consulting, PO Box 2392, Kalispell, stated they have no real issues with the conditions, and said they need to pick up additional footage for the townhouses, and they are going to shorten the large lots at the edges of the property. He stated they intend to berm the i 50 foot buffer, and plant large size trees to block the noise from Meridian. He said this is a great place for urban density development, and they will be bringing in sewer, so they expect further redevelopment in the neighborhood. He also said they are working with the Junior high, will be extending , the sewer line from west to east this summer, and they have no problem with the additional condition for an SID. He said the pedestrian path on the east side is very rough. ADDITIONAL QUESTIONS Taylor asked what it would take to rezone the whole area. Wilson said they would typicaIly wait for the property owners to ask for rezoning. She said the new sewer line would not go down Northwest Lane, it would just go to that subdivision. She said there is redevelopment potential in the area, but it would be premature to rezone it now; some of the houses are Kaiisneil uL1 Nannina Board M imirea of the meetiae oT July 13, -004 in need of redevelopment, but we may see multifamily or 1 office uses along Three Mile Drive once the sewer is there and it is better to wait for the property owners to ask for rezoning. Norton asked if the closest sewer is at the "Y" of Meridian I Road and Three Mile Drive. Wilson answered it was, and there is also one at Hawthorne to the west. She said the sewer does not go along Three Mile j Drive to the west, but it does go up Meridian Road all of the way. PUBLIC COMMENT i i No one wished to speak and the public hearing was closed MOTION Norton moved and 'Taylor seconded to adopt staff report KCZ- 04-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning be changed from R-3, Single Family Residential, to R-4, Two Family Residential, on 5.53 acres on Northwest Lane. I BOARD DISCUSSION Norton said that the R-4 zone allows duplexes, so the j townhouse issue may be moot. Wilson said that Condition 15 of the preliminary plat addresses that issue by restricting the non -townhouse lots to single family residences. i ROLL CALL I The motion passed unanimously on a roll call vote. FURTHER COMMENTS 11 Jeff Thiesen, 789 Sth Avenue WN, applicant for the subdivision, stated that he is available for any questions. He said this is a great use for the land, it will improve the neighborhood, and moving the subdivision to the east is a nonissue; lots 10 and 13 could absorb the move. He said a' waiver of an SID would also be okay. Hinchey stated that a lot more traffic would be dumped onto Northwest Lane and he was concerned about the kids riding bikes and walking to the school. r Thiesen said there is no access to Meridian Road because of the slope, and there are not a lot of walkers from the south: most kids and traffic come from the north, so there will not be much impact. Most residents of the subdivision will be gone by the time school Starts in he morning. MOTION Hull moved and Norton seconded to adopt staff report 1"'PP- 04-9 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for Sinopah Subdivision be approved subject to the 16 listed conditions with a chanffe to Condition 14 that the i�aiisneil Cu= Plannine Board Mini ire, or the metro, of hen i3. -004 subdivision lot lines be moved a minimum of 10 feet to jaccommodate the set back on the corner lots and the japplicant waive protest of any SID for the improvement of i f Northwest Lane. DISCUSSION Norton stated that his recommendation would be to shift the 1 townhouses to lots 10-13. Wood said that they designed the subdivision this way because of the gradual rise, and did not want to clutter the j slope with a more dense design. The lots on the slope will be view lots and will be more desirable and bring a better price. They chose not to maximize the density. Norton asked why they have just a few townhouse lots. i Wood said it is market driven; they wanted the option for some townhouses mixed in with the single family homes. i Norton asked Wilson if they are going to require a landscape buffer and if it is not voluntary, why isn't it included in the parkland dedication? I Wilson said it would not usable as parkland; it does not provide a recreational function, so it does not count. She said the subdivision requirements are very specific as to 1 parkland dedication. The rough dedicated path on the east side of Northwest Lane is a separated bike and pedestrian i path. ROLL CALL I The motion passed unanimously on a roll call vote. i WESTERN MT MENTAL A request by Western Montana Mental Health Center for an HEALTH CENTER INITIAL initial zoning designation of R-4, Two Family Residential on i ZONING UPON approximately 1.73 acres located on the south side of 8th ANNEXATION REQUEST ( Street West at the south end of 13th Avenue West upon 1 I annexation to the City of Kalispell. 1 W ESTERN MT MENTAL A request for a conditional use permit to allow a community HEALTH CENTER i residential facility for eight or fewer people in an R-4, Two CONDITIONAL USE PERMIT Family Residential zoning district. I REQUEST STAFF REPORTS -04-I3 '', Narda Wilson, with the Tri-City Planning Office, gave a .AND ICU-04-8 presentation of Staff Reports KA-04-13 and KCU-04-8, a request for an initial zoning designation of R-4, Two Family Residential on approximately 1.73 acres located on the south side of Sth Street West upon annexation to the City of Kalispell, and KCU-04-8, a request for a conditional use permit to allow a community residential facility for eight or fewer people. Kalispell Cite i lanninL Board Minutes ofthe meetin_ of;uly 13_'_004 Wilson explained that the Western Montana Mental Health Center purchased the property at the dead end of 8th Street west, and it is a fairly large 4 bedroom house; they would like it annexed and it will be used as a group home for the mentally disabled. She said that group homes must be treated the same as single family homes, and they are annexing because the septic system is only designed for a 2 bedroom house; the water and sewer will be extended from Meadow Creek to the east boundary. She said that Ashley Creek lies to the west and south, and there were no comments from property owners; Western Montana Mental Health noticed the neighbors before staff did and also did not receive any comments from neighbors. i I Wilson said that part of the property is in the 100 year flood j plain and that Ashley Creek provides a good dividing line, and there is good buffering. She said this is an excellent setting for this use, with a big deck overlooking the creek and Lone Pine, and it is a secure area. She said that staff is recommending zoning this R-4 upon annexation, which is consistent with the neighborhood; the state would continue to use the single family residence as a group home. She said there is future potential for redevelopment, but the house, garage and barn would need to be removed. Wilson said that staff is recommending adoption of the staff reports, and zoning the property R-4 upon annexation and approve a CUP for the home. QUESTIONS BY THE Taylor asked Wilson how many bedrooms the house had. BOARD jWilson answered 3 or 4 bedrooms but wasn't sure. Christie Carr, NW Montana Mental Health, said there are 5 bedrooms in the ho me and there will be 5 residents. I (i Tavlor asked if there was a plan by the City to upgrade the I gavel road. i Wilson said there were no plans to upgrade. She explained that if the property were being subdivided, it would be appropriate to require upgrading the road, but since it is being used as a group home, the City can't require them to upgrade or pave the road. According to statute, the Board or the City can't require this property owner to make any improvements that would not be required of other single family homes. There was discussion about using the gas tax and development agreements for roadway improvements in the future. The City currently has no money for road mprovements. Kaiisneli C!t% :'tannin Sou d ,Ainuies of the meeting of Juh13_ _'OOd PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTSJAGENCIES Chr stie Carr, residential services coordinator for Western MT Mental Health Center, stated that she helped to develop the group home and that she was here to answer questions. Hull asked about the licensing requirements and if 24 hour care was part of that. I Carr said that they exceed state requirements and that they will staff 24 hours a day; these clients cannot live alone and will require 24 hour care, and the more staff the better. She said it all depends on funding. Taylor asked how this project came about. Carr said it was just luck; the state had some money, they came across the home, and the owners gave them a really good deal. In response to a question from Hull, Carr said this is a' private nonprofit organization, and their primary billing source is Medicaid. 1 PUBLIC COMMENT No one wished to speak and the public hearing was closed. i MOTION Hinchey moved and Taylor seconded to adopt Staff Report KA-04-13 as findings of fact and, based on these findings, ' recommend to the Kalispell City Council that the initial zoning for 1.73 acres of land be R-4, Two Family Residential upon annexation to the City of Kalispell. BOARD DISCUSSION There was no discussion. ROLL CALL 1 The motion passed unanimously on a roll call vote. MOTION Taylor moved and Hinchey seconded to adopt Staff Report KCli-04-8 as findings of fact and, based on these findings, recommend to the Kalispell Citv Council that a conditional use permit be issued to the Western Montana Mental Health li Center for a community residential facility serving eight or fewer people subject to the three listed conditions. BOARD DISCUSSION There was no discussion. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS `"here will be a meeting with the Architectural Review Committee on Wednesday. uuly 21. Kaiispeii Cd\ ",annine Soara M inu rPc ,, *h, mrarfno of Ldv i , '(111 NEW BUSINESS Norton stated that there seemed to be some confusion about the minutes at the last City Council meeting and the Board's intent regarding the Bowser Creek subdivision. Wilson explained the discussion about the setbacks that the Board had at its last meeting. She said she thought the Board's intent was that the 10 foot setbacks would apply to the single family homes in the whole subdivision and asked for clarification. Norton read the section of the minutes that applied — the 10 foot setbacks would apply to all single family homes in the subdivision. Hull stated it would be nice if the Sinopah Subdivision developer would knock on a few doors to see if the neighbors wanted to go in on the zone change; he feels this is almost spot zoning. There was discussion about the utility relocation going on along Meridian Road now. ADJOURNMENT The meeting was adjourned at approximately 8:20 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, August 10, 2004. George Taylor Judi Funk President Recording Secretary APPROVED as submitted/corrected: //04 Kalisoeii Cin, Planning Board Minutes of the tneetim at Tiny li. 2004