Planning Board Minutes - May 11, 2004KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
MAY 11, 2004
CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and
CALL Zoning Commission was called to order at 7:00 p.m. Board
members present were: Rick Hull, George Taylor, John
Hinchey, Sue Ellyn Anderson, Jean Johnson and Timothy
Norton. Jim Atkinson was absent. Narda Wilson represented
the Tri-City Planning Office. There were approximately 14
people in the audience.
APPROVAL OF MINUTES Johnson moved and Hinchey seconded to approve the
minutes of the Kalispell City Planning Board and Zoning
Commission regular meeting of April 13, 2004.
The motion passed unanimously on a roll call vote.
HEAR THE PUBLIC No one wished to speak.
IMMANUEL LUTHERAN A request by Immanuel Lutheran Corporation to convert a
DAYCARE CONDITIONAL single family residence into a day care center at 103
USE PERMIT REQUEST Crestline Avenue in the H-1, Hospital, zone. WITHDRAWN
AT THE REQUEST OF THE APPLICANT.
VIOLENCE FREE CRISIS A request by the Violence Free Crisis Line to allow a
LINE CONDITIONAL USE community residential facility for women at 1505 South
PERMIT REQUEST Woodland Drive, in an R-2 zone. WITHDRAWN AT THE
REQUEST OF THE APPLICANT.
MOHRENWEISER/CALAWAY A request by Richard and Judith Mohrenweiser and Tim
ZONE CHANGE REQUEST Calaway for a zone change on several properties from R-3 to
RA-3 for the purpose of constructing apartments located on
the east side of North Meridian Road, north of Underhill
Court.
MOHRENWEISER/CALAWAY A request by Richard and Judith Mohrenweiser and Tim
CONDITIONAL USE PERMIT Calaway for a conditional use permit to construct several
REQUEST multi -family units on property zoned RA-3 located on the
east side of North Meridian Road, north of Underhill Court.
STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a
KZC-04-1 AND KCU-04-4 presentation of staff report KZC-04-1, a request by Richard
and Judith Mohrenweiser and Tim Calaway for a zone
change on several properties from R-3 to RA-3 for the
purpose of constructing apartments located on the east side
of North Meridian Road, north of Underhill Court, and staff
report KCU-04-4, a request by the Mohrenweisers and
Calaway for a conditional use permit to construct several
multi -family units in an RA-3 zoning district located on the
east side of North Meridian Road, north of Underhill Court.
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Minutes of the meeting of May 11, 2004
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Wilson explained that this is a two -pronged request to
change the zoning on approximately three acres of land on
the east side of the property from R-3 to RA-3 and a CUP for
67 apartments on a total of five acres. She said the property
was proposed for rezoning several years ago, but the Board's
vote was split and the city council denied it since it needed
to pass on a super majority. She said it had been speculative
zoning in nature, and the property now has a buy -sell
agreement contingent on the zoning.
Wilson stated that the RA-3 zone has a minimum lot size
and density limit of 7,000 square feet for the first duplex
plus 1500 square feet for each unit beyond a duplex and
that multifamily dwellings are a conditionally permitted use.
She said that 2.91 acres are proposed for rezoning; the
Growth Policy anticipates this area as an urban mixed use
area along Meridian and urban residential to the west, along
93, so it is a mix of the designations. She stated that this is
a mixed use area, which allows duplexes, single family and
professional offices, which transitions from Meridian Road,
and further to the east is residential. She said that the
property has direct access via a 40 foot easement to North
Meridian Road, with a secondary access from Underhill
Court. She said the property will generate more traffic, but
not what beyond what is anticipated for the area.
Wilson said that staff recommends that the zoning be
changed to RA-3 on the 2.91 acres, which would allow the
development of the apartment units throughout the site. She
said the developer has revised his plans based upon
recommendations from site review and the fire department.
She said that Meridian Road is to the west, with access
directly off of Meridian; there will be multiple buildings with
multiple units, plus a clubhouse for residents' use. There
will be separate apartment pods, with an exit to Underhill
Court. Wilson stated that the surrounding area is
transitional, the property lies on a steep slope towards 93,
and it would be impossible to get access to 93. She said that
Meridian Pointe apartments adjoins the property to the
south, with single family homes along the southwest
boundary; to the north is Michael Blend's project and some
undeveloped land to the east of that property.
Wilson explained that the Growth Policy states this area is
suitable for urban development, and anticipates a density of
up to 12 dwelling units per acre, with limited office uses.
She said that Meridian Road is planned for urban mixed
uses, and that this proposal has 14 dwelling units per acre,
or 67 units on 4.8 acres, and is reasonably compliant for the
area. In looking at site suitability, she said there is adequate
space for circulation, parking and the set backs, and the
maximum density would be 137 units; however, there are
topographical limitations and the layout would preclude that
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Minutes of the meeting of May 11, 2004
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high of a density. She said the slopes to the east will require
more attention to drainage and site layout.
Wilson showed a color rendering of one of the buildings; they
will be two and three stories in height, with the larger
buildings to the eastern portion of the property that is larger
and more developable. She said that staff is recommending
that any construction vehicles and equipment use Meridian
Road exclusively. She said that sidewalks are indicated in
the interior of the site, and that staff recommends that
sidewalks be installed on both sides of the interior road and
also on the southern portion of the nine unit building (which
is to the north). Wilson explained that on site parking would
require 168 parking spaces and 173 are indicated, with
seven at the clubhouse; the parking plan appears to comply
with the zoning ordinance. She said the site plan has
incorporated the recommendations of the staff report and
site review. She said there are no real open space
requirements for this development, but that the developer
has created a picnic and recreational area. She also said this
property could have a moderate impact on the school
district, with maybe an additional 30-35 kids generated.
Wilson explained that as for neighborhood impacts, there
could be significant traffic generation which would be
handled by Meridian Road and Underhill Court; there would
be intermediate impacts on Arizona Street and Highway 93.
She said there are approximately 45 single family homes in
that area; with 67 additional dwellings, it would generate
approximately the same amount of traffic, in theory.
Wilson stated that staff recommends adoption of KCU-04-3
as the findings of fact subject to the 12 conditions listed in
the staff report, and that fire access has been approved.
QUESTIONS BY THE BOARD Hinchey asked Wilson to clarify the density of the project.
Wilson answered that the Urban Residential designation in
the Growth Policy is 12 units per acre, not the zoning
ordinance. She encouraged the Board not to get too focused
on lines in the sand, and stated the Growth Policy provides
guidance.
PUBLIC HEARING The public hearing was opened to those who wished to
speak on the issue.
APPLICANT/AGENCIES Tim Calaway, Calaway Construction, stated that he has
been in business in the valley for 27 years, and that this is
an investment he and his brothers have decided to make. He
stated this is a real quality project; they want to purchase
this property but need Board approval to do what they want
to do. He stated this is a large investment, with 5-6 million
dollars invested into the local economy. He said he always
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Minutes of the meeting of May 11, 2004
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uses local people and buys local products. He explained this
property is infill, and is a good buffer between the
commercial properties and Highway 93, with some
residential to the southwest. He stated he proposes to put a
landscape buffer between the houses on the southwest
corner and the apartments. He said this is a great location,
and it is the right time for this project; it is never going to be
single family homes or commercial, it will be a great addition
to the neighborhood, and an asset to the area with covered
decks and landscaping all around. He said they are not
proposing subsidized housing. He stated there are great
views on the side hill of Highway 93, with covered decks and
a high hedge to buffer 93. The property is close to the
Summit and the hospital, and residents will be able to
bicycle and walk to the college, hospital and Summit, etc. He
said it is centrally located, and there will be a covered
pickup point for Eagle Transit. He stated there are four fire
hydrants, and they made all the changes suggested by the
KFD; in addition, dumpsters for each unit will be enclosed
and finished, and Public Works did those locations. He said
that Meridian Road will be improved within 2 years, and this
is a buffer area that will never be single family housing.
Taylor asked Calaway about noise abatement from Highway
93. Calaway said they plan to use landscaping as a noise
buffer, with large hedges and trees.
Taylor asked how much of the roof line would be seen from
93 South. Calaway stated the roof line is about at highway
level due to the parking lot and the two story building; there
will be daylight basements in that unit. He also said he is
putting handicapped units in every building, and will talk to
the hospital about holding some units in reserve for
patients.
PUBLIC COMMENT The following people spoke in support of the project:
Dick Mohrenweiser, the owner of the property being sold,
stated he did not charge Calaway nearly enough and it is a
beautiful project. He gave some history of his previous
attempt to rezone the property and stated it used to be three
acres, and he bought an additional two acres. He said the
timing is perfect, that Meridian Road will be redone, and
nice apartments will be built there. He said that now it is a
weed infested field, and this will give the people who live
nearby the ability to walk on paved streets and sidewalks,
and have a residential area that is green instead of weedy.
He said he is wholly in support of this project.
Michael Blend, 1069 North Meridian, adjoining the project,
stated Calaway builds quality homes, and he has no
reservations about the quality of the construction; he
understands the neighbors' concerns, but that this type of
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Minutes of the meeting of May 11, 2004
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growth is inevitable, and it makes sense to have this in this
area, because it is transitional between Highway 93 and
Meridian Road. He stated it makes sense to have some office
space along Meridian Road and the apartments behind,
because the area will either be commercial or multi -family.
The following people spoke in opposition to the project:
Betty Jo Malone, 627 Underhill Court, stated she is opposed
to this project, and that she lives adjacent to the property.
She said Underhill Court is a very narrow road, with no
sidewalks, and one fire hydrant; there are many families
with small children. She said the road cannot accommodate
the additional traffic, there is only one stoplight and it is a
dangerous intersection; people can't stop in the wintertime
and slide right into the fence. She stated the road hasn't
changed since the last time it was proposed, and it sounds
like a nice project, but the traffic is very heavy on Arizona
and it can't handle 67 more cars.
Sheila Henderson, 630 Underhill Court, stated she has two
small children and that Underhill and Arizona are very
narrow streets; she said that Underhill Court will not be able
to accommodate the traffic, there are no sidewalks and no
area for kids to play except in the streets. She said that
Meridian Road is also very busy, and more residents will
cause problems and will resort to using Underhill Road
when traffic is a problem. She said the kids are in danger
now, with too much traffic in the area; kids and property are
at risk.
Brenda McKnight, 629 Underhill Court, stated her back yard
backs right up to the property. She said that traffic is bad,
and there are always kids playing on Arizona Street; it is a
narrow road, and a lot of traffic would be very dangerous
and she is concerned for the kids. She said the project looks
wonderful, aside from the traffic concerns.
Keith Robinson, 501 West Arizona, stated this project might
be a boon to the City, but they need to fix the traffic
problem. He stated that 5th Avenue WN is a main arterial,
and it is a busy road; he has seen the increased traffic. He
stated he wants conditions imposed for Underhill Court,
because there are no sidewalks on Underhill or on Arizona,
and there are traffic problems at 5th Avenue WN and
Arizona Street. He stated that Arizona is a hazard and is
very slick in winter with lots of accidents. He stated this
looks like a viable project, but he has concerns about the
traffic. He stated that maybe the City Council and the street
department should improve the area.
No one else wished to speak and the public hearing was
closed.
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Minutes of the meeting of May 11, 2004
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MOTION Anderson moved and Johnson seconded to adopt staff report
KZC-04-1 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the zoning for
this property be changed from R-3, Single Family
Residential, to RA-3, Residential Apartment/Office, on
approximately 2.91 acres located between Meridian Road
and Highway 93, north of Underhill Court and south of
Three Mile Drive.
BOARD DISCUSSION Hull stated that the apartments are a good idea, but the
entrance on Underhill Court would destroy the
neighborhood. He feels it violates the zoning principal of
lessening congestion in the streets and it will impact the
neighbors. He said the neighborhood is isolated from traffic
patterns and there is a path on this property that goes
through to the junior high and wondered how it would be
incorporated into the project. He said that traffic will be
detrimental to the area.
Norton stated that he agreed that Underhill Court was not
designed to carry this much traffic, but we don't have the
funding to improve the road as needed and it is not fair to
pass the burden to the developer. He said the need has to be
there before the road can be improved and we don't have the
ability or control to fix the road first. He stated the overall
plan is great infill for the area, and the property will become
a blight if it is not developed. He said the apartment complex
is well suited to the neighborhood except for the traffic
impact.
Hinchey agreed with Hull, and stated he is concerned about
the impact on Underhill Court. He asked if they could make
the back entrance an "emergency use" only.
Wilson stated they could make that one of the conditions of
approval of the CUP and send it to the City Council.
Johnson stated we are dealing with a zone change and a
CUP, but that Underhill Court and Arizona are not the only
ingress and egress points; most people would use Meridian.
He said that more than likely they would do away with one
of the most prolific knapweed growth areas in the City.
Hull stated the apartments are a great idea, but they should
not impact a residential area and should only impact
Meridian Road.
ROLL CALL The motion passed 5-1 on a roll call vote with Hull voting
against and Atkinson being absent.
MOTION Johnson moved and Anderson seconded to adopt staff report
KCU-04-4 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that a conditional
use permit be given to Richard and Judith Mohrenweiser
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Minutes of the meeting of May 11, 2004
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and Tim Calaway to construct several apartment buildings
on property zoned RA-3, Residential/Apartment subject to
the 12 listed conditions.
BOARD DISCUSSION Taylor stated that we should craft an additional condition
that would deal with the future traffic, which seems to be
the main point of concern. He stated that some ideas would
be to place a concrete barrier at the end of Underhill, or
restrict it to emergency vehicles only, or to require a traffic
impact study and feasibility study to widen Underhill. He
asked Wilson if she had any suggestions.
Wilson stated they could make a motion to require it to be
emergency access only and coordinate it with the fire
department. She said the City could not go in and make
upgrades to Underhill Court to accommodate this project
alone.
Taylor asked wouldn't it be better to address traffic on
Underhill sooner rather than later.
Wilson stated the City may look at upgrading the
intersection of Arizona and 5th Avenue WN, because 5th Ave
is a collector, but it would not be as a result of this
development; volumes of traffic all over the City are high.
Taylor asked if the southern end of the development could
be made a one-way street.
Wilson said that there has be a rational basis for doing that
and that other departments would have to be involved. She
said the Board could make those recommendations to the
City Council.
MOTION (CONDITION 13) Anderson moved and Hinchey seconded to add Condition 13
that reads, "Secondary access of proposed development onto
Underhill Court be emergency ingress and egress only; and
such ingress and egress would need to be coordinated with
Emergency Services - i.e., Fire Department, Ambulance and
Police."
FURTHER DISCUSSION Johnson asked if Anderson was suggesting a cul-de-sac
right there and wondered about the size of the cul-de-sac
and if it would be legal. He stated it would inhibit traffic flow
and we are assuming that all traffic would go out Arizona
Street; he feels it would be a secondary choice.
Norton agreed with Johnson, and stated it will be a
secondary impact but that all traffic is not going to go out
that way. Anderson's proposal will not correct that, and that
it is not a perfect world.
Hull stated it is not just Underhill Court, but there will be
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Minutes of the meeting of May 11, 2004
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lots of traffic in an area that is not used to it, and said he
disagreed and that a lot of traffic would use that route. He
said he thinks it will spill onto Wyoming and 5th Avenue WN
and that about half of the traffic will use the rear entrance.
Taylor asked Wilson to look at the vicinity map and point
out where 5th Avenue WN is. He stated he agrees it is a
superb development, but he wants a study of the traffic
patterns in the area.
ROLL CALL (CONDITION 13) The motion for Condition 13 passed 4-2 on a roll call vote,
with Norton and Johnson voting against and Atkinson being
absent.
ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote.
LANCE/POSTEN A request by Robert Lance and Kathryn Posten for a
CONDITIONAL USE PERMIT conditional use permit to construct an additional duplex
REQUEST unit in an RA-1, Low Density Residential Apartment zoning
district located at 715 Liberty Street.
STAFF REPORT KCU-04-3 Narda Wilson, with the Tri-City Planning Office, gave staff
report KCU-04-3, a request for a conditional use permit to
allow the construction of an additional duplex unit in an RA -
I, Low Density Residential Apartment zoning district located
at 715 Liberty Street.
Wilson stated the property was annexed at last month's
meeting, and was a strip of land on the Kinshella right of
way. The applicants are requesting a CUP to build a duplex
on property that already has a fourplex on it. She said it is
zoned RA-1, Residential/Apartment, and the additional 30
feet gave them enough room to get another duplex on the
property. She said the new building is a 980 square foot
footprint, 2 story, and there is approximately 21,000 square
feet on the entire site; the RA-1 zone has a minimum
requirement of 6,000 square feet for the first duplex, and
3,000 square feet for any additional duplex. She said the
right of way is considered a side corner setback and it is 20
feet, 20 in rear, and 20 in front; the access is from Liberty
Street and that site review suggested eliminating a new
parking lot completely, putting one additional space on the
street, which would avoid two accesses if Kinshella is
eventually developed. She said the applicant will probably
move the footprint of the building to the south a little bit to
get some space between the buildings and that multi -family
is already in the area, with vacant county land to the west
and assisted living to the north, and bigger multi -family
further to the east. She stated that staff is recommending
adoption of the staff report subject to the seven conditions
listed.
QUESTIONS BY THE BOARD Hinchey asked about the parking space in the street.
Kalispell City Planning Board
Minutes of the meeting of May 11, 2004
Page 8 of 18
Wilson answered there are 15 parking spaces required, and
they added one parking space on the street, making three,
which is allowable. She said there are two spaces per unit
overflow and the developer will need to move the handicapped
space up to the left corner. The developer will also need to
relocate the refuse area and some of the landscaping to
enable parking.
PUBLIC HEARING The public hearing was opened to those who wished to
speak on the issue.
APPLICANTS/AGENCIES The applicant was not available.
PUBLIC COMMENT
No one wished to speak and the public hearing was closed.
MOTION Anderson moved and Hinchey seconded to adopt staff report
KCU-04-3 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that a conditional
use permit be granted to allow the construction of an
additional duplex in an RA-1, Low Density Residential
Apartment zone, subject to the seven listed conditions.
BOARD DISCUSSION Norton stated that he was glad staff did a bit of relocation to
the site plan in case Kinshella is developed.
ROLL CALL The motion passed unanimously on a roll call vote.
GOLDBERG PROPERTIES/ A request by Goldberg Properties/DNRC for a conditional
DNRC CONDITIONAL USE use permit to allow an increase in height from 45 feet to 54
PERMIT REQUEST feet in a B-5/PUD zoning district that is part of the Spring
Prairie PUD for the Lowe's building.
STAFF REPORT KCU-04-6 Narda Wilson, with the Tri-City Planning Office, gave a
presentation of Staff Report KCU-04-6, a conditional use
permit to allow an increase in height from 45 feet to 54 feet
in a B-5/PUD zoning district that is part of the Spring
Prairie PUD for the Lowe's building.
Wilson stated the Board has looked at amendments to the
Spring Prairie PUD in the past and that this one deals with
the height restrictions. She stated that approximately two
years ago, height limits were looked at by the City to allow
height increases in commercial areas with a CUP. She said
this project is subject to a detailed PUD agreement with the
state and showed a site plan of the Spring Prairie
development. Wilson explained that Lowe's is the first
building to go in and they will have 637 feet of building
frontage along Highway 93. She said Lowe's intends to break
up the fagade of the building by going up to 53 1/2 feet and
that the top of the building is 28 feet, the ridge by the gable
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Minutes of the meeting of May 11, 2004
Page 9 of 18
is 41 feet, and the overall height is 31 feet. The height
increase is limited to the fagade itself. She stated the PUD
has been thoroughly reviewed by the Board and City
Council.
Wilson said there was one letter of opposition received that
was written by the developers of Mountain View Plaza; they
feel some inequity is involved with this request. Mountain
View was subject to the 45 foot limit when Home Depot was
built and they are concerned about the scale of the Lowe's
building in relation to the site. Wilson said that staff is
recommending adoption of the staff report and recommend
approval subject to the two conditions listed.
QUESTIONS BY THE BOARD Taylor asked if the height limit was to accommodate the
signage and logo in order to break up the facade.
Wilson answered it was.
Hinchey asked if the 45 feet was a requirement of the PUD.
Wilson answered that they still need a CUP, and that 45 feet
was a requirement a while ago, but that Council amended
the zoning regulations to 60 feet with a CUP in all
commercial zones and with this PUD. She stated it is
consistent with the zoning regulations, and anything over 45
feet still needs a CUP. She said the PUD is limited to 45 feet
without a CUP.
PJ Sorenson, Zoning Administrator for the City of Kalispell,
gave some history about height restrictions in the City. He
stated that the cap used to be 40 feet and then went up to
60 feet with a CUP and tried to mirror the general
regulations in the PUD.
Johnson asked if there was a functional use for the height.
Wilson said it was aesthetic, and part of their structure.
PUBLIC HEARING The public hearing was opened to those who wished to
speak on the issue.
APPLICANTS/AGENCIES The applicant was not available.
PUBLIC COMMENT Mike Frasier, 300 Three Mile Drive, stated that he is for
commercial development, but that the zoning regulations
state a variance can be given for hardship, and he sees no
hardship here. He stated he believes this is being done for
the convenience of the applicants and not for hardship. He
stated that Mountain View Plaza dealt with significant issues
in height, and that their building would not impact the view
shed; they are 25 feet below ground level. In contrast, Spring
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Minutes of the meeting of May 11, 2004
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Prairie is above ground level and they are asking for a 25%
increase in height; there will be significant visual impacts on
the last nice entrance into the City. He stated that Stan
Beard, developer of Mountain View Plaza where Home Depot
and Target are located, feels this is an equity issue. Box
stores are not adverse to site specific issues, but all are
within the constraints of the original PUD. He stated the
playing field should remain level, and the height should
remain 45 feet no matter where they are. He said there are
other design features that could be incorporated instead of a
height increase.
No one else wished to speak and the public hearing was
closed.
MOTION Norton moved and Taylor seconded to adopt staff report
KCU-04-6 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that a conditional
use permit be granted to Goldberg Properties/DNRC to
change the height restrictions from 45 feet to 54 feet on the
Lowe's building, subject to the two listed conditions.
DISCUSSION Hull stated that this is not a variance, it is a CUP, and that
Lowe's made concessions on the lighting and that we should
look favorably on this request.
Norton asked for clarification —is this a sign, and will it
extend above the wall?
Wilson answered it is a parapet wall that has been
incorporated into an architectural element, so it is not
considered a roof mounted sign, but it will extend above the
wall.
Sorenson stated only the height is before the Board, not the
sign issue. The sign would have to go through a separate
sign issue process before the sign is permitted; it needs
some sort of feature that incorporates it into the wall. They
will look at it as part of the wall structure, not as a sign.
Norton asked if it is part of the structure in reality, and not
just someplace to put the sign.
Wilson stated that it is part of the structure, and the board
could require them to keep the sign below 45 feet, but the
fagade would still be above that.
Johnson stated his impression is that this will circumvent
the sign ordinance, and what keeps Home Depot from
adding a 60 foot sign next week? He feels it is not a
structural part of the building; it makes the front pleasing to
the eye, but it is a sign nevertheless. Where do we stop when
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Minutes of the meeting of May, ] 1, 2004
Page I 1 of 18
someone else wants to add a sign?
Hinchey stated he is opposed to this and he does not see a
condition that requires it; it is an attempt to gain a
competitive advantage. He feels it is an impact on the view
shed, and is not necessary.
Anderson stated she feels it is a want and not a need.
Taylor stated it is a good attempt to break up a box front,
but he doesn't think it is really part of the structure. He feels
it is a false front if nothing else, and there should be another
way to break up the frontage.
ROLL CALL The motion failed 1-5 on a roll call vote with Hull voting in
favor and Atkinson absent.
STRATFORD VILLAGE A request by Stratford Village Subdivision for preliminary
SUBDIVISION plat approval of Stratford Village Phase 4, a 23 lot residential
PRELIMINARY PLAT subdivision on approximately 3.37 acres in southwest
REQUEST Kalispell.
STAFF REPORT KPP-04-6 Narda Wilson, with the Tri-City Planning Office, gave a
presentation of staff report KPP-04-6, a request for
preliminary plat approval of Stratford Village Phase 4, a 23
lot residential subdivision on approximately 3.37 acres in
southwest Kalispell.
Wilson stated that Phase 3 of this subdivision was just final
platted, and that this is a small section near Bluestone
Drive, platted into single family and townhouses. She said
this is the final phase with 23 lots --three single family and
20 townhouse lots. Wilson explained that Stratford Village
has platted approximately 100 lots over the last few years,
and this is at the northwest corner of the property, bounded
on the west by the BN right-of-way, Lone Pine View to the
north, and the rest of Stratford Village to the east. She
stated that it is zoned R-4, with a minimum lot size of 6,000
square feet and a lot width of 50 feet; most of the lots exceed
that, and the parent tracts are 70 to 80 foot lot widths,
making well sized townhomes.
Wilson said that water and sewer are already extended and
will be taken off Teal Drive; the access is from Bluestone,
and there is a connection between Sunnyside and South
Meadows Drive. She said that the plat for Phase 1 showed a
common area to the west; it is actually a drainage area. The
new cul-de-sac would eliminate part of the drainage area, so
there is a condition that it can't effect the storm water run
off. She said the road will be an extension of existing city
streets, and is consistent with other development in the
area. Wilson explained that the cash -in -lieu is a re -
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Minutes of the meeting of May 11, 2004
Page 12 of 18
evaluation of the cash calculated during the preliminary plat
review of Stratford Village; the unimproved land came out to
$12,070. This reconfiguration creates 2.675 acres or $3,052
and hopefully will be used toward improving Begg Park. She
said the state allows up to 50% of cash -in -lieu for
maintenance, but the City does not use any of it for
maintenance; they use all of it for development. They are
looking at a small area to the north that can be used for a
park. Wilson said the staff recommends adoption of the staff
report subject to the 14 listed conditions.
QUESTIONS BY THE BOARD Hull asked why the subdivision map and the zoning map are
not the same —there is a "bulb" area on one map and not the
other.
Wilson answered that the "bulb" was part of the drainage
easement, and that this will end in a cul-de-sac and take out
the drainage. She said it was platted as common area, and
there was an error in how the map was done.
Hull asked if they have already started building.
Wilson answered not this part, but they are completing
Phase 3, and it was just final platted.
PUBLIC HEARING The public hearing was opened to those who wished to
speak on the issue.
APPLICANT/AGENCIES Dave Hofstad, 2845 Farm to Market Road, stated that they
missed the northwest corner of the property because they
did not know what they wanted to do with it --now they
would like to build duplexes and single family homes.
Jim Burton, Jackola Engineering, stated the "bulb area" has
had an amended plat already recorded. He said their initial
approval was for 102 lots; the 102nd lot was designated as
R-4 zoning by the Board. They are trying to finish out the
subdivision and need to come back before the Board for
approval.
PUBLIC COMMENT Lyla Kruckenberg, 1204 Sunnyside Drive, spoke against
another subdivision of R-4 zoning. She said that everything
they have opposed in the neighborhood has been passed,
and feels it is a waste of time to come here and that the
public needs to be heard. She said the traffic study that the
Council referenced was done when school was out, the
counters were placed incorrectly and that traffic will be
impacting Sunnyside Drive regularly. She said that traffic
has increased tremendously in the area, and there is no
road capacity to take care of it. She mentioned that
contactors come onto her property, and they placed the
water main on her property instead of the new subdivision.
She feels it will have a very negative impact on her property;
Kalispell City Planning Board
Minutes of the meeting of May 11, 2004
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there is no buffer zone, no park, no space for the children,
and the houses will start at $150,000. She feels it is not
affordable housing and they can't accommodate the traffic,
there are no sidewalks and two cars can't pass on the road.
She wants the Board to consider carefully the subdivisions
passed and stated that Kalispell can do better, and that
people don't want to be jam packed in.
Taylor asked Kruckenberg where she lived in relation to the
property. She stated she is tract 20A, 12 acres in the County
along the bypass route.
Angie Kruckenberg, 1116 Sunnyside Drive, invited the
Board to drive down to the area, and take a look at the
equipment and trucks and the basements already being
built. She said that right in front of area 10E, her property,
are seven townhouses that are 10 feet from her property line
with no buffer. She said there is five feet between each unit
and it is not equitable planning. She said she feels a
different sense from the Board now, and that they are being
more careful, and that she is opposed to any more
subdivisions being R-4 in that area. She said there are vast
differences in R-1 and R-4 zoning and that they need buffer
zones; it is not fair for purchasers of the new properties or
existing properties. She said that progress is necessary, but
the disparity is not fair to people buying these homes or
those already living in R-1 zones. She said she feels their
planning is allowing the City Council to break the law and
there is a sense of greed and haste for the developers to
push housing volumes to the max. She said there is no room
for all the traffic and where is the responsibility for the road?
She stated that developers need to be responsible for the
roads and that this development is too dense for people to
live peaceably together; there are no parks in the
development and they are not affordable housing because
they are listed at $150,000. She feels the future of our
children's children is at stake and that the bypass will bring
many more people to this road. She stated she thought this
was creating ghetto row housing next to estate type
development and was not fair to put this housing next door
to each other.
No one else wished to speak and the public hearing was
closed.
MOTION Anderson moved and Johnson seconded to adopt staff report
KPP-04-6 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that preliminary
plat approval for a 23-lot residential subdivision be given to
Stratford Village Phase 4 subject to the 14 listed conditions.
DISCUSSION Anderson stated she is familiar with Stratford Village and
goes out there on a routine basis for work. She stated she
Kalispell City Planning Board
Minutes of the meeting of May 11, 2004
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drives down Sunnyside Drive, and a lot of traffic goes onto
Sunnyside, but also a lot of traffic goes down Ashley Drive.
Norton stated he admires the Kruckenbergs' passion and
beliefs, even though he may not agree with them, and the
only way to get heard is to keep doing what they are doing.
He stated the Planning Board does try their best.
Hull stated this is very close to his house and the City
should make an effort to preserve the Ashley Creek corridor
and there is a problem with the Lone Pine area and parking.
He stated the area is in transition, but we can try to keep all
of it from being developed.
Taylor stated the Board is charged with having proper vision
and the City has the capability to be a jewel city. He said it
won't happen overnight, but the Board sets the tone and
takes interest in being visionary. He said the Board should
have a possible work session about where we draw the line
in some of these subdivisions. He said the vision is not
faulty in this case, because they have already approved
Phases 2 and 3, and the final phase is only 20 more
townhouse lots and 3 single family lots and they won't have
a serious negative impact on the area. He stated we must
allow this subdivision to be built out and complete its phase
and allow it to finish.
Hinchey stated we are not here to discuss a new
development, we are here to approve a plat. He said the
developer has complied with all the requirements in putting
it forward, but he does sympathize with the concerns of the
Kruckenbergs. He said he would not be inclined to approve a
new subdivision, but this one should be finished out.
ROLL CALL The motion passed unanimously on a roll call vote.
CITY OF KALISPELL A request by the City of Kalispell to amend various sections
ZONING TEXT AMENDMENT of Chapter 27.24, Sign Regulations, in the Kalispell Zoning
REQUEST Ordinance.
STAFF REPORT KZTA-04-1 Narda Wilson, with the Tri-City Planning Office, gave a
presentation of Staff Report KZTA-04-1, a request by the
City of Kalispell to amend various sections of Chapter 27.24,
Sign Regulations, in the Kalispell Zoning Ordinance.
Wilson stated the Board has been working on the sign
regulations during work sessions and this draft reflects the
changes discussed at the last work session. She said there
are no significant changes overall; they tried to deal with
temporary signs, electronic message signs, nonconforming
signs, and a more streamlined provision for enforcement.
She said the staff recommends adoption of the staff report
Kalispell City Planning Board
Minutes of the meeting of May 11, 2004
Page 15 of 18
for Council with one minor change, which is that signs
mounted on a fence are considered free standing signs.
Wilson stated that no comments were received in writing
from any member of the public, but quite a few people came
in and got copies of the regulations.
PUBLIC HEARING The public hearing was opened to those who wished to
speak on the issue.
APPLICANT/AGENCIES
PUBLIC COMMENT
No one wished to speak and the public hearing was closed.
MOTION Norton moved and Taylor seconded to adopt staff report
KZTA-04-1 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that Chapter 27.24
of the Kalispell Zoning Regulations be amended.
DISCUSSION Various typographical errors and sections of unclear
language were discussed and changed.
MOTION (AMEND Hinchey moved and Anderson seconded to amend
27.24.050) 27.24.050, paragraph 6, Subdivision Identification Signs, to
read "such signs shall be restricted to the subdivision or
tract name and not to exceed 6 feet in height."
VOTE The motion passed unanimously on a voice vote.
MOTION (AMEND Hinchey moved and Taylor seconded to amend page 15,
27.24.110) 27.24.110, Permitted Signs in the B-2, B-3, B-4 and B-5
area, paragraph 4, to read "projecting signs, except on Main
Street and the redevelopment area, unless the sign is a. less
than 4 square feet...." (delete old a, move b and c up)
DISCUSSION Sorenson explained some of the basis for the removal of
projecting signs under canopies.
Hull stated the logic behind this is that you can't see the
sign because the canopy is there.
Norton asked if we shouldn't be more specific as to the
redevelopment area.
Sorenson stated it is spelled out in the ordinance by metes
and bounds, and any frontage on Main Street is in the
redevelopment area. He said it is the downtown core from
Idaho to llth or 12th, and any properties facing Main
Street.
There was discussion about projecting signs and where they
Kalispell City Planning Board
Minutes of the meeting of May 11, 2004
Page 16 of 18
could be used.
Sorenson stated that Architectural Review likes the fact that
all projecting signs are off of the buildings, and the exception
does not allow projecting signs at all.
VOTE The motion failed on a voice vote.
MOTION (AMEND Hinchey moved and Anderson seconded to amend section
27.24.150) 27.24.150, Exemption for Historic Signs, to "...signs that are
deemed to have historical significance may be retained,
preserved, or restored."
DISCUSSION Wilson commented that the Board of Adjustment should not
be granting variances for these anyway, and that it should
be done administratively.
Sorenson read the criteria for the Architectural Review
committee for historic buildings.
VOTE The motion passed on a voice vote.
ROLL CALL (MAIN MOTION) The main motion passed unanimously on a roll call vote
OLD BUSINESS There was no old business.
NEW BUSINESS Wilson stated the City Council wants to hold a work session
with the Planning Board to discuss roads, brainstorming,
etc. on June 14 or June 28. There is a meeting with the
Architectural Review Committee on June 2 at 7:00 in the
City Council chambers.
Sorenson spoke about zoning text amendments, and that
the R-3 and R-4 zones have very slight differences; R-4
allows duplexes and smaller lot sizes, so developers can get
more lots. They want to coordinate the R-3 and R-4 zones so
that lot sizes and setbacks are the same, so that developers
can choose the right zone for their projects.
Wilson said the Board needs to talk about the work program
discussion, because we are coming to the end of the fiscal
year.
ADJOURNMENT The meeting was adjourned at 10:28 p.m. The next meeting
of the Kalispell City Planning Board and Zoning Commission
will be held on Wednesday, June 9, 2004.
George Taylor Judi Funk
President Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of May 11, 2004
Page 17 of 18
APPROVED as submitted/corrected: //04
Kalispell City Planning Board
Minutes of the meeting of May 11, 2004
Page 18 of 18