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10-08-13 Special MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION J MINUTES OF SPECIAL MEETING OCTOBER 8, 2013 CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Chad Graham, Phillip Guiffrida, Ken Hannah, Matt Regier, Charles Pesola and Rory Young. Richard Griffin was absent. Tom Jentz, Kevin LeClair and P.J. Sorensen represented the Kalispell Planning Department. There were approximately 25 people in attendance. APPROVAL OF MINUTES Guiffrida moved and Hannah seconded a motion to approve the minutes of the August 13, 2013 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT No one wished to speak. OWL CORPORATION ZONE The request from Mark Owens, with the Owl Corporation, is to CHANGE amend the zoning map from RA-1 (residential apartment) and R-3 (residential) to RA-2 (residential apartment/office) on a rectangular area measuring 17.7 acres on the north side of West Reserve Drive from Stillwater Road to Taelor Road, up to and including Lots 1-5 of the West View Estates Subdivision. The area extends from West Reserve Drive northward approximately 570 feet. The owner is seeking the option to develop professional offices along with multi -family housing in the area. STAFF REPORT KZC-13-02 Kevin LeClair, representing the Kalispell Planning Office reviewed Staff report KZC-13-02 for the board. LeClair reviewed the request as stated above. LeClair referenced the existing zoning on the property noting the RA-1 zone covers approximately 10 acres of land in the southwest corner and the R-3 is the eastern portion. The majority of the subdivision is R-3 which extends on both sides of Taelor Road where it connects to West Reserve Drive. The surrounding zoning to the north is R-3, east is county R-2, west is county AG-80, and to the south is R-5 planned unit development (PUD) which is part of the Spring Prairie PUD where Glacier High School is located and is a mixed commercial pod. To the southwest is the Starling R-3 PUD which is undeveloped at this time. LeClair noted the growth policy designation for this property is urban residential which is a high -density, mixed -use type zoning. He indicated the exact location of the property and displayed current photographs of the site. Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 1 of 9 A zone comparison chart was reviewed to show the differences between the current and proposed zoning. LeClair stated the planning office received four public comments prior to the hearing and copies were either sent with the packets or given to the board prior to the meeting. The concerns included the following: • West Valley school overcrowding • Neighborhood safety • Traffic impacts • Aesthetics • Property values Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZC-13-02 as findings of fact and recommend to the Kalispell City Council that the area be rezoned from RA-1 (residential apartment) and R-3 (residential) to RA-2 (residential apartment/office). BOARD DISCUSSION Guiffrida asked that a map of the growth policy be displayed on the monitors and noted it is important that everyone sees the entire section of West Reserve Drive as it changes from the high -density commercial development off of Hwy 93 to Stillwater Road. He noted along the north section of West Reserve there are sections that are high -density residential development that are broken up by suburban residential areas and asked why doesn't the high -density residential extend the entire length of West Reserve on the north side? LeClair said north of West Reserve is already developed as low -density residential with Stillwater Estates and Country Estates further to the east. Guiffrida asked is it common practice not to extend the potential growth policy designation over an area that is already developed and LeClair said yes, to up -zone a property that is already developed, especially recently developed residential, would be uncharacteristic. Guiffrida noted there was the impression that this would be spot zoning however as he understands now the city does not overlay an existing residential neighborhood. Jentz said he was involved when the property was changed to higher density because it is right across the street from a high school, a major commercial area and Kidsports so it made sense to change the undeveloped property to encourage a higher level of development. Guiffrida asked if any use other than school district or public uses would be allowed on the property south of this subdivision and LeClair said no. Guiffrida asked for clarification on the uses allowed within the Starling PUD and LeClair said there are some limited commercial pods planned for the PUD some of which Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 2 of 9 J would be located at the intersection of Stillwater Road and West Reserve. LeClair added there is also the potential for 2000 — 3000 residential units which could be a mix of multi -family, single- family, duplex and townhomes. Guiffrida said as outlined within the applicant's submittal and moving from the potential of having an apartment -based building plan to office -type buildings are we assuming that the traffic will be routed to West Reserve Drive or through the subdivision onto Taelor Road. LeClair said Taelor Road would be the primary access point but there is nothing to say that the traffic couldn't be routed onto Stillwater Road. Because of the close proximity of the round -about another access road onto West Reserve Drive would not be allowed but they haven't looked at Stillwater Road. Hannah recapped the discussions regarding the growth policy designation and the fact that a portion of this property already allows high -density residential and he asked if that high -density residential classification was approved with the final plat of West View Estates or later. LeClair said when the property was annexed the initial zoning was RA-1 for that 10 acres in 2003. Regier noted 41 in the criteria states the development will be reviewed and he asked what type of review will take place. LeClair said it will be reviewed by the planning & building, public works, police, parks & recreation and fire departments through the Site Review Committee and any proposed commercial will also go through the Architectural Review. Compatibility with the neighborhood, parking, landscaping, storm drainage plans, and setbacks will be reviewed at that time. Graham asked for clarification on the zoning that was approved upon annexation and LeClair said the RA-1 and R-3 were both part of the initial zoning. Graham said there is a fence and a natural boundary around this subdivision and a change to the land use is being proposed that might allow commercial activity and LeClair said yes, professional office. Graham asked where else has this been done in the city. Jentz said the fencing that was installed was not required by the city. The developer/owner added the fence to reduce the noise from vehicle and truck traffic, especially along Stillwater Road where there is a gravel quarry. Jentz continued there have been areas of the city where the neighborhood has gone through a transition and zone changes have been requested within subdivisions. North Meridian Road is an example where the area once was primarily residential and now it has changed to almost entirely business. Jentz noted Bloomstone on Four Mile Drive, although it has not been developed, came through with a re -zoning package to change single family residential to multi -family residential and commercial in an attempt to find their niche or their market. However, there is no neighborhood to affect. Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 3 of 9 J Graham said so the city is using the growth policy as a guide to support this change. Jentz said the zoning there today and the proposed zoning complies with the growth policy and it is up to the board to determine if it is appropriate and at what level. Guiffrida asked if there was an easement between West View Estates and Stillwater Estates and LeClair said no they are directly adjacent to each other. PUBLIC HEARING Greg Vanichkachorn, 170 Taelor Road stated he is in Occupational Medicine Physician at Kalispell Regional Healthcare and one of his primary concerns in that role is safety. He is very concerned about the changes and rezoning that may occur on their property. They are a neighborhood of young families with many children and the routing of traffic through their neighborhood would pose a significant danger to their community. Already in order to get to the hospital in the morning, secondary to the traffic with Glacier High School, he goes out the back side onto Stillwater Road, takes the round -about and to the hospital. He asked if Kalispell approves the rezoning that they strongly consider adding a traffic signal to their intersection with West Reserve Drive. Lisle Pottorff, 125 Essex Place in Stillwater Estates stated his property abuts West View Estates. They have custom-built houses with one acre lots and no fences in that part of the development so they would be sitting right up against some sort of a high -density apartment/commercial development. Perhaps it makes sense in the RA-1 area but not in the current R-3 area. He agrees it could affect property values and the other concerns already noted. Robert Johnson, 107 West Bowman stated he agrees with all the negative comments that have been brought up. Phillip Wilson, 146 Taelor Road stated the congestion this development will bring into their community is a concern as it is already congested and also he is concerned about what the development will do to their property values. He strongly encourages the board to deny the zone change. George Heyer, 186 Taelor Road stated he agrees with everyone who spoke before him. Another issue is the West Valley School is already very crowded now and to add apartments could really impact the school. Dave Mostek, 179 Taelor Road stated he appreciates the opportunity to share his concerns with the board. He also hopes the zone change will be rejected because they have already purchased their property, built their home in this subdivision, and invested a lot of money on improvements. When they moved here from Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 4 of 9 Florida they knew what the neighborhood would be like and now he doesn't think they would have moved to this neighborhood had they known these changes would occur. He is concerned about their property values and asked if the city would lower their taxes if their property values go down? He is also concerned about what type of commercial businesses would be allowed, medical marijuana shop or a strip club? Mostek wants to know who will speak for the residents of his community. Jeremy Ashby, 190 Taelor Road stated he is really concerned about his property value and the affect that apartment buildings will have on his neighborhood. They are a tight knit neighborhood and having a bunch of renters come in defeats the reasons why they moved there. The intersection of Taelor Road and West Reserve Drive is already being abused by people making illegal U-Turns and used by the students of the high school driving through the field and destroying the landscaping. Bob Stewart, 1017 Walton Drive stated getting out of their subdivision has been a problem for four years and finally the city agreed to open up another egress onto Stillwater Road which had helped alleviate some of the traffic congestion. Stewart said he lives in Stillwater Estates and they are lucky to live there because it is full and they are locked in and this change won't affect them that much. In speaking for the residents of West View Estates they have beautiful houses and they bought into that neighborhood thinking that it would continue to be a beautiful, family neighborhood. Multi -family residential brings in renters who don't really care about the property because they don't own it. Commercial businesses will bring people driving through their neighborhood who don't live there and could cause a crime spree. Ramesh Ravipati, 158 Taelor Road stated he built his house one year ago which he spent all of the money he has earned on the house. Then to find out that within one year these changes are happening that would change their property values and his whole family is upset. Knowing how they feel he hopes the board will "do good for them." Eric Mulcahy, Sands Surveying stated that he is representing Mark Owens, who is the owner of this property. Mr. Owens came to theirs about six months ago regarding this zone change and he noted their office worked with Mr. Owens on the original development of West View Estates about 10 years ago. At the time this project was approved with the original zoning of these 10 acres was zoned RA-1 that allows multi -family residences so it has always been a part of the plan. Mr. Owens has done an admirable job of trying to create a neighborhood that folks want to live in and on his own dime, not at the request of the city he built the wall around the project to mitigate the noise from the truck traffic that Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 5 of 9 comes from all the gravel pits north of the site. As the bypass continues to develop and West Reserve develops into a major traffic link the land use pattern is now more in line to what the growth policy had always anticipated. That is why the Starling development, Glacier Eye Clinic, high school and the forest service, state lands and emergency service center buildings are all located around the intersection of West Reserve Drive and Stillwater Road. Mulcahy continued in 2008 they had a number of plans established for multi -family on that site, approximately 76 units on the 10 acres. Then when the recession hit all the plans had to be shelved. In the meantime Mr. Owens has been approached by businesses that want to create office space such as a medical office building in this area so they started to explore the option of the RA-2 which opened the zoning up to allow the office use. If you look at transportation manuals and transportation generation for low density office, which is allowed by the RA-2, the traffic counts generated would be almost identical to high -density residential. However with offices the traffic greatly decreases on the weekend and after 5:00 or 6:00 p.m. Taelor Road has always been designed as the entrance to the subdivision and located close to the intersection of West Reserve Drive to funnel the traffic south as West Reserve Drive is a collector street and is designed to handle a high volume of traffic. Pesola asked if they have looked at funneling the traffic from the RA-1 area to Stillwater Road and is that possible. Mulcahy said from a collector they would have to be at least 250 feet north of the intersection and he believes they would have the room to explore that possibility. LeClair added the RA-1 zone north to south is around 500 feet from the intersection of the round -about. Mulcahy said potentially they could look at that. Graham asked about fencing across the front of the subdivision and if this zone change was approved are there any plans to separate the current subdivision from this use. Mulcahy stated it has been discussed with staff and Mr. Owens has mentioned relocating the fence to the north border, possibly changing the fence to create some visibility, or adding a landscape buffer to differentiate between the single-family and the multi —family or office uses. Mulcahy noted these discussions are in the beginning planning stage and the zone change is the first step to determine what the uses will be. Steve Alejandro, 2001 McMannamy Draw stated his interest in this is on the education side. How would the resulting increase in the student population in the West Valley School District be calculated in light of the proposed addition of high -density residential in this area? Alejandro added if just 10% of the families in the proposed Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 6 of 9 C )_ Starling subdivision have two kids that are of West Valley School age it would more than double the current population of students there. The current bond issue will be inadequate very quickly if we keep moving forward like this. He asked if the city was looking at adding another school in the district or planning ahead for real estate that could possibly accommodate the growth of West Valley and having a second elementary to Middle School. Patty Stewart, 1017 Walton Drive stated the safety on West Reserve Road is a major concern — she likes to walk her dogs, ride bikes and vehicles don't stop at crosswalks for pedestrian/bikes. You wait for the vehicles to pass. The traffic from the school is all day long with practices and concerts in the evenings and adding more to that congestion is only going to make it worse. Stewart said for them to pull out of their subdivision vehicles are traveling way above the speed limit. Richard Connell, 163 Taelor Lane stated he also works at the forest service on Stillwater Road and he walks to work every day and every day he j-walks to avoid the round -about because it is the most dangerous area for pedestrians. The bench that was placed at that intersection for the memorial has been knocked out twice so these traffic/safety issues need to be addressed. Brian Anderson, 1212 6"' Ave E, Kalispell stated he doesn't live in the area but he also works for the forest service and he has spent two years coming in from every direction at all hours of the day. With the round -about and the school traffic, traffic is backed up almost to the intersection of Highway 93 North and Reserve Loop at 8:00 a.m. He and his co-workers avoid the round -about. Greg Vanichkachorn, 170 Taelor Road added he doesn't agree the traffic will decrease during the weekends especially if the commercial use is assisted living or a medical clinic. There will be traffic and EMS vehicles traveling within their subdivision. Dave Mostek, 179 Taelor Road added suggested the board look at the area before any recommendations are made. Mostek said the board needs to understand the issues. MOTION Guiffrida moved and Pesola seconded a motion to adopt staff report KZC-13-02 as findings of fact and recommend to the Kalispell City Council that the area be zoned RA-1 (residential apartment) be rezoned to RA-2 (residential apartment/office) and leave the R-3 zoning in place for the remainder of the property. BOARD DISCUSSION Guiffrida said he did take a look at the area, a lot of the board members do on a regular basis. It is important for them to see what is going on in the neighborhood before making recommendations so that they have a clear understanding of potential issues. Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 7 of 9 U Guiffrida said he looks at this as two separate zoning requests. The current RA-1 zone already allows multi -family buildings. The R-3 zoning at the entrance to the subdivision is completely different and he has concerns about the transition and traffic impacts. In comparing the traffic impacts from the RA-1 and RA-2 he feels a low -density office use would produce less impacts than the apartments that are already permitted and he thinks this option might be more beneficial for the neighborhood. Guiffrida said the office development has the potential for a higher tax base which is more beneficial to the school district and the lower density office would not be contributing to the over- crowding of the schools. Guiffrida said looking at the neighborhood's needs, how the property has already been developed to this point, and the fact that they could already construct apartments in the RA-1 zone he doesn't see any harm in changing the use to allow office buildings. The concerns about the traffic and access issues will have to be seriously looked at through the development process and providing access onto Stillwater Road and buffers and the possible relocation of the stone wall will also be considered at that time. Guiffrida doesn't feel comfortable with the R-3 zoning change at the entrance of the neighborhood but he does feels comfortable with changing the RA-1 to the RA-2. Hannah said he liked the idea and the direction Guiffrida is going but he asked if that is permissible since the application is for changing both zones. LeClair said it is permissible as the board is forwarding a recommendation on to the city council and the council will have the final decision. Hannah said he understands the process of buying into something with a known zoning and then it gets changed and the frustrations of the property owners. Changing the RA-1 to the RA-2, although it is hard to envision as being beneficial, he would agree would lower the amount of traffic, the tax base may increase and the impact on the school would be ininimal. Hopefully as this goes through the review process it can be its own separate community by creating the buffer between the offices and single-family portion of the subdivision and ease the traffic issues by providing a separate ingress/egress onto Stillwater Road. Young asked if there is any access from Taelor Road through to the RA-1 from the east and LeClair said there is currently no access because to the west of Taelor Road is tract land and access would have to be granted for any development. LeClair added they would likely have to go through a subdivision process in order to create the development unless someone developed the entire area with a single office complex. The subdivision review would include a Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 8 of 9 U plan to provide all utilities and access from Taelor Road. Young said but more than likely if we move ahead with Guiffrida's motion the developer would be encouraged to access onto Stillwater Road. LeClair said the phasing plan for West View Estates Phases 1-5 showed access to the residential apartments from Taelor Road and looping all the way to the far western side and then heading north and connecting with the road that would be parallel with Ali Loop. This would provide interconnectivity of the roads within the subdivision so the residential apartment complex would have access onto Taelor and to the north. Graham said he agrees that leaving the R-3 zoning in place is a good idea. He asked for clarification on the access issues if this property were developed which LeClair provided. If the city were to look at a multi -family subdivision they would have to go through a conditional use permit process and depending on the density if traffic warrants got to a point where our public works department said we need to look at a traffic study the city would then be looking at intersection performance, turn -performances, queuing and those issues through another public process. Jentz noted the zone change will be forwarded to the Kalispell City Council for consideration on Monday, November 4, 2013. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 8:20 p.m. NEXT MEETING The next regular meeting is scheduled for November 12, 2013 beginning at 7:00 p.m. in the City Council Chambers located at 201 1" Avenue East in Kalispell. NEXT WORK SESSION The next work session will be held on October 22, 2013 beginning at 7:00 p.m. in the City Council Chambers located at 201 1st Avenue East in Kalispell. shad Gr l yam President APPROVED as submitted/corrected: /,� / /0 /13 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of October 8, 2013 Page 9 of 9