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12-10-13 Special MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF SPECIAL MEETING DECEMBER 10, 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, Charles Pesola, Richard Griffin and Rory Young. Matt Regier and Ken Hannah were absent. Kevin LeClair and P.J. Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Guiffrida moved and Pesola seconded a motion to approve the minutes of the October 8, 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 spoke. OWL CORPORATION ZONE The request from Mark Owens, with the Owl Corporation, is to CHANGE amend the zoning map from RA-1 (residential apartment) to RA-2 (residential apartment/office) and from R-3 (residential) to R-5 (residential/professional 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 public hearing that was held on October 8, 2013 and the recommendation by the planning board to approve the zone change for property currently zoned RA-1 (residential apartment) to RA-2 (residential apartment/office) and leave the remainder property currently zoned R-3 (residential) unchanged. After that meeting the applicant met with staff on an amendment to the zone change request to change the RA-1 property to RA-2 but then change the R-3 (residential) to R-5 (residential/professional office). A work session was then held with the planning board to discuss changes and it was agreed that another public hearing needed to be held in order for the public to be notified of the amendment to the zone change request. LeClair noted that according to the city's growth policy high density residential district may be mixed with professional offices -and.—various—low-intensity— comun-ercial—and—nistitutiomal—uses-- articularly where located along urban arterials and as appropriate Kalispell City Planning Board Minutes of the meeting of December 10, 2013 Page 1 of 6 to the neighborhood. RA-2 and R-5 are both in compliance with the growth policy designation. LeClair reviewed photographs of the property and a zone comparison chart for the board. LeClair noted prior to the writing of the staff report no comments on this alternate proposal had been received but since then one letter has been received from a Stillwater Estates resident who indicated he is in support of the proposed zone change. 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 zoned RA-1 (residential apartment) be rezoned to RA-2 (residential apartment/office) and the area zoned R-3 (residential on either side of Taelor Road, including Lots 1-5 of West View Estates be rezoned to R-5 (residential/professional office). BOARD DISCUSSION Guiffrida asked who was notified of the work session and LeClair said notices of the work session and this public hearing were sent to the adjoining property owners within 150 feet of the zone change request and to the citizens who either attended the public hearing in October or had sent in comments. Guiffrida said looking at the potential changes and the uses that would require a conditional use permit (CUP) would they be administrative CUP's or board recommended and council approved CUP'S? LeClair said they would be handled through the full conditional use process with a public hearing and council approval. Guiffrida continued when the developer initially went through the process to develop the subdivision and the RA-1 zoning was put in place was there an indication of how many high density apartments could be built on that property and Mr. Owens said 148. Guiffrida noted townhouses are a permitted use in an R-5 zone and he asked how the Equivalent Residential Units (ERU) are calculated for townhouses and Sorensen said a townhouse would be 1 ERU — the same as a single family home. The reduction would be for a duplex or apartment. APPLICANT/TECHNICAL Eric Mulcahy of Sands Surveying noted he is representing the SUPPORT applicant Owl Corporation. Mulcahy said since the work session the developer, Mark Owens contacted the homeowners of the West View Estates subdivision and invited them to a neighborhood meeting at the Village Greens Golf Course clubhouse on December 2nd Mulcahy noted there were 8 homeowners who attended the meeting —and —they —presented —the —amended —proposal —to —the - homeowners at that time. Kalispell City Planning Board Minutes of the meeting of December 10, 2013 Page 2 of 6 Mulcahy reviewed a power point presentation indicating the current zoning, the zone change proposed at the October 8th planning board meeting, the board's recommendation to city council and the current zoning proposal for the board. Mulcahy noted at the first public hearing a question was brought up about examples of other subdivisions that were approved with a residential subdivision that have a neighborhood commercial or office professional component adjacent to them and the examples provided were as follows: Buffalo Stage Professional Offices; Country Village Neighborhood Business Park at the corner of Whitefish Stage and West Reserve; Whitefish Stage Professional Park - next to the golf course; The Greenery Office Park on Four Mile Drive; and Buffalo Commons. Mulcahy said they amended their conceptual drawing to look at what could be done on the east side of Taelor Road to compliment a professional office area at the entrance of the subdivision that would blend into the RA-2 professional office/multi-family residential. The concept would reduce the massing of the structures, creating yards fronting onto Taelor Road as opposed to parking lots; and creating landscape buffers that would separate the single-family residential development on the north from the multi- family/professional office to the south. They would also carry the landscape buffer around to the east to create a buffer/landscaped area between this development and Stillwater Estates. Pesola asked how wide would the buffer area be and Mulcahy said 25 feet of organic material and they also talked about incorporating a wall into the berming that would create a nice distinction between the uses. Griffin asked if Taelor Road would become a city street and LeClair said it is already. Griffin asked if the developer would consider moving the egress from the parking lot of the buildings on the northwest of Taelor Road further south which would then direct traffic from the offices eventually to the junction of Taelor Road. Then if necessary, Griffin continued a four-way stop could be installed at that intersection. Mulcahy said they could possibly move the buildings around to accommodate that design and either stop signs or a four-way stop could be installed based on traffic warrants. PUBLIC BEARING Lisle Pottorff, 125 Essex Place stated his property backs up to the R-3 section. Pottorff noted they thought this had already been decided and then this new proposal came up. The pictures are nice but when they get done with this thing they could put in a crematorium behind his house. They have one -acre lots in -Stillwater-Estates-and-they-don'tmormally-even-put-up-fences-and- putting in high density apartments will change the character of the Kalispell City Planning Board Minutes of the meeting of December 10, 2013 Page 3 of 6 land quite a bit even if walls and trees are put in especially on the east side of Taelor Road. Pottorff suggested that if this is approved the developer needs to be locked in to whatever they do so he knows for sure what they will get. Nicole Heyer, 186 Taelor Road stated she actually lives in West View Estates unlike the developer. There are many children who live and ride their bikes in their neighborhood and she wants her son to be able to go out and play without worrying about parking lots, businesses and traffic. This is a walled -in neighborhood where people live and care what happens in their neighborhood. She doesn't want to lose any more money on her investment and she doesn't want to lose any kids from the traffic generated by the businesses. Dave Mostek, 179 Taelor Road stated he also lives in this community. Mostek wants to know who will represent the people who actually live there. Although he and Nicole look like the only voices in the wilderness he spoke to all of his neighbors and all but one of them are against this zone change. Mostek stated the developer's ability to build commercial or multi- family buildings on this property was never disclosed to him or any of the other residents of this subdivision — it was not in the covenants. Whose responsibility was it to tell the buyers that? He would not have bought in this neighborhood or spent $35,000 - $50,000 on improvements had he known the types of businesses that could be built in their subdivision. No real estate agent told them this either. Mostek added this is similar to a dictatorship as they no longer have any say in what happens in their neighborhood. Last year they had an annual meeting to discuss reducing the required square footage of a house from 1800 square feet to 1200 square feet and although the homeowners where against it the developer owned the majority of the lots and it was changed. Now it is condos or apartments and businesses. They may have every right to do this but he would like for an attorney to tell him that and to know what, if any, recourse they have. MOTION Griffin moved and Young seconded a motion to adopt Staff Report KZC-13-02 as findings of fact and recommend to the Kalispell City Council that the area zoned RA-1 (residential apartment) be rezoned to RA-2 (residential apartment/office) and the area zoned R-3 (residential on either side of Taelor Road, including Lots 1-5 of West View Estates be rezoned to R-5 (residential/professional office). MOT -ION —TO- -AMEND -Guiffr-ida—moved—and—Pesola—seconded—a—motion—to—amend—the- original motion by deleting the following wording from the Kalispell City Planning Board Minutes of the meeting of December 10, 2013 Page 4 of 6 original motion: "and the area zoned R-3 (residential) on either side of Taelor Road, including Lots 1-5 of West View Estates be rezoned to R-5 (residential/professional office)." BOARD DISCUSSION Guiffrida said he thought about this since the last meeting when he made the motion to change the RA-1 to RA-2 only. He cannot support the change from R-3 to R-5 because it would change the densities and he feels that would not be fair to the residents of West View Estates. Guiffrida noted this recommendation still needs to go before the Kalispell City Council for approval. This will provide the public with another opportunity to comment on the proposal. Young said he feels the amendment to the motion would be fair for the residents and he supports it. The change from RA-1 to RA-2 will allow the developer more leeway than he has at this time. Young added asking for both to be changed is asking for the whole hog not just a part of it. Griffin said he will vote against the amendment to the motion because looking 10 years down the road there will be 11 or more residences backing into that road v. three parking lot exits. Most of the traffic will occur when most residents are at work and there will be very little weekend traffic from professional buildings. Griffin said for long-term planning the best use of the two strips of land on either side of Taelor Road will be professional office. Guiffrida said he tries to put the conceptual part of it aside and remember they are reviewing a zone change and the board has to look at the zoning and what is permitted and what is not permitted. Conceptual drawings are great but things can happen to change them. Pesola said he agrees with the amendment to the motion because in this case he doesn't think the risk is worth the reward in changing that area. The concepts are great but there is no guarantee what will actually happen there. Pesola agrees the RA-1 to RA-2 is worth the risk. Graham said he supports the amendment to the motion. When he asked for examples of where else in the city commercial/professional office uses have been mixed with residential the intent of the question was when has it been changed from one zoning use to another use. The examples provided were originally planned that way not changed later. This would make sense if it was the original subdivision approval being approved but it is not, people live there. 1 Kalispell City Planning Board Minutes of the meeting of December 10, 2013 Page 5 of 6 ROLL CALL TO AMEND The motion to amend the original motion by deleting the wording: MOTION "and the area zoned R-3 (residential) on either side of Taelor Road, including Lots 1-5 of West View Estates be rezoned to R-5 (residential/professional office)." passed on a roll call vote of 4 in favor and 1 opposed. ROLL CALL ON ORIGINAL The motion, as amended, passed unanimously on a roll call vote. MOTION OLD BUSINESS: None. NEW BUSINESS: Guiffrida noted Chairman Graham was elected as a city councilman so there might be some changes to the make-up of the planning board in the near future. State statute requires that one council representative serve on the planning board and Guiffrida is currently that representative. There is some verbiage in the law that states there could be two but he doesn't think the council feels that two would be necessary. Both councilmen will be on the board until April 30th which is when the new appointments will be made. LeClair noted Matt Regier has requested a 4 — 5 month leave of absence as he has an opportunity to finish his graduate degree in another state. LeClair said the planning board rules refer to a certain number of absences and if a member misses more than three meetings in a given year the member would be asked to step down. Matt expressed an interest in staying on the board and if the board were willing to . hold his seat and consider his absences excused he would like to come back to the board when he returns from his studies. The board discussed the request and agreed that the board would consider Regier's absence excused and the seat remain open until board member Regier returns. ADJOURNMENT The meeting adjourned at approximately 8:10 p.m. NEXT MEETING The January 14, 2014 regular meeting is cancelled due to lack of applications but a work session will be held to continue discussions on the Growth Policy update. The next regular meeting is tentatively scheduled for February 11, 2014 beginning at 7:00 p.m. in the City Council Chambers located at 201 1st Avenue East in Kalispell. ChA/Cirah` m President APPROVED e Lsubmitted)orrected: / j /14 `Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of December 10, 2013 Page 6 of 6