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06-09-15KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JUNE 91) 2015 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, Charles Pesola, Rory Young, Matt Regier, Steve Lorch, Karlene Osorio-Khor and Doug Kauffinan. Tom Jentz and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES 0sorio-Khor moved and Lorch seconded a motion to approve the minutes of the May 12, 2015 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation, PUBLIC COMMENT Jenny LaSorte, 275 Sulky Lane in Kalispell — Casino Scenarios Her preferences are no casinos permitted 150 feet north of Idaho Street. She noted there was recently a late night stabbing outside a casino, and that there are 27 casinos within the Kalispell city limits. Vice attracts vice. She noted we have reached our casino saturation point, as a city, and she does not want another casino in north Kalispell. In north Kalispell schools, medical, shopping and athletic facilities predominate. Businesses suggestive of a lower demographic such as pawn shops, check cashing stores, DUI bail bond businesses, thrift stores and tattoo shops crop up around casinos. None of these businesses exist in north Kalispell. Setbacks should be increased to 600 feet, at a minimum. She noted her preference would be that no more casinos be allowed, but if the state awards the casino licenses and there is no option but to accept them within the city limits, then accept only the number that will fit into the casino overlay district that is created, in an area where casinos already exist, and where a pattern of historic use has existed, not in north Kalispell, PRELIMINARY PLAT — A request from Kalispell Investor's, LLC for a major subdivision SUBDIVISION #290 — of the 16.501 acre Gateway West Mall property into two GATEWAY WEST commercial lots. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department—, reviewed staff report KPP- 15-02 for the board. Nygren noted a correction to the staff report on the bottom of page 5 it indicates "Prior to final plat:" and it should read, "Prior to the issuance of a building permit:" This includes conditions 3 — 9 & 11. Conditions 10 & 12 should be under the heading "Prior to Kalispell City Planning Board Minutes of the meeting of June 9, 2015 Page I 1 final plat:" Nygren reviewed the site plan, and noted the growth policy designation is commercial, which anticipates a wide variety of retail and service orientated commercial activities. The preliminary plat is consistent with the subdivision regulations, zoning and growth policy. Staff recommends that the Kalispell Planning Board and Zoning Commission adopt staff report KPP-15-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the 14 conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING Richard Lowitz, 52 Grandview Drive, Kalispell asked what is proposed to go in the lot? Nygren said at this time there is no proposed use however it will be a commercial use, MOTION Lorch moved and Pesola seconded a motion to adopt staff report KPP-15-02 as Findings of fact and recominend to the Kalispell City Council that the preliminary plat be approved subject to the 14 conditions listed in the staff report, with the amendments recornmended by staff above. BOARD DISCUSSION None, ROLL CALL The motion passed unanimously on a roll call vote, KALISPELL REGIONAL A request from Kalispell Regional Healthcare for a growth policy HEALTHCARE — GROWTH amendment and zoning map amendment for the expansion of POLICY AMENDMENT & existing surface parking facilities. ZONE CHANGE STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department, reviewed staff report KGPA-15-02 & KZC-1 5-02 for the board. Nygren reviewed the project site and noted the requested growth policy amendment would change the land use designation of the 9.55 acre property from high density residential to urban mixed use, and the zone change would change the zoning from residential to health care. The hospital needs additional surface parking facilities to better accommodate the hospital's growth, and the current zoning does not permit surface parking facilities. The urban mixed use land use category allows for a multitude of uses fiicluding commercial, office and multi -family housing and is consistent with the existing urban mixed -use land use designation of the health care development to the south and west of the subject property. Kalispell City Planning Board Minutes of the meeting of June 9, 2015 Page 12 Nygren reviewed the surrounding zoning and land uses. He noted the need to expand the parking is currently the reason the growth policy and zone change proposed and he added the entire site plan is not currently under review. The board will be considering whether the expansion into this area for the hospital is the appropriate use. Staff recommends that the Kalispell Planning Board and Zoning Commission adopt staff report KGPA-15-02 as findings of fact and recommend to the Kalispell City Council that the growth policy land use designation be Urban Mixed Use on the Kalispell Growth Policy Future Lane Use, It is further recommended that the board authorize the President to sign the Resolution KGPA- 15- 02 recommending the amendment to the growth policy. Staff also recommends that the planning board adopt staff report KZC-15-02 as findings of fact and recommend to the city council that the zoning on the 9.55 acre site be H-1 (Health Care) on the Kalispell Zoning Map. BOARD DISCUSSION Osorio-Khor asked if the property is currently being used as a � parking lot and Nygren said yes. Regier asked the difference between H-1 and H-l/PUD and Nygren said this request would extend the H-1 zone not the PUD. Nygren noted the PUD's were created for the hospital to apply additional development standards for the hospital use itself. Jentz added the PUT) specifically addressed the hospital's need for multiple stories and provided provisions for additional height. Staff didn't see the need to extend those provisions in this area at this time. Regier noted so if the use proposed falls under the H-1 zoning they do not need to come back through the process and Jentz said they can proceed with permitted uses in the H-1 zone however, if the use exceeds that level they would have to go through this process again. PUBLIC HEARING Steve Martinez, 425 Sunnyview Lane, indicated the location of his property and noted the project area separates this neighborhood from the rest of the surrounding neighborhoods. He read a statement to the board. A copy is attached to the minutes. Marianne Lowitz, 52 Grandview Drive stated they have lived in this location for about 45 years and the property is currently being used as a parking lot. In addition they use this property for their heavy equipment with heavy truck traffic using their road every morning, at noon and at night. Lowitz said several years ago the city council detennined that Kalispell City Planning Board MillUtCS of the meeting of June 9, 2015 Page 3 dump trucks and heavy equipment would not be allowed on Grandview Drive. The dump was closed down and there is currently a sign that states "No dumping and no heavy trucks or dump trucks". They live at the comer and trying to back out of their driveway has been next to impossible because of the hospital shuttle buses and traffic. She added Grandview Drive cannot be used as an access for this parking lot because it cannot handle the traffic. It is a small residential road without sidewalks. Lowitz said Grandview Drive is also used by the hospital for snow removal and the dump trucks start at 11:00 pm which continues, until 3:00 or 4:00 am. Lowitz concluded by saying many years ago the hospital promised the neighbors a parking garage upon their expansion. They have decided instead to create a sprawl and are now sprawling into their neighborhood. President Graham asked the audience to remain on topic and lirnit their speaking time to 3 minutes. Clint Leuning, 166 Ridgeview Drive stated the dust that they have created is horrible and nothing is done for dust suppression. He asked for a definition of the location of the lot expansion which was provided by staff. Michael Gilberg, 146 Juniper Bend Drive stated he is on the board of the Juniper Bend HOA. Their concerns include allowing any access onto Grandview Drive because it is not able to handle the traffic and is inappropriate. Secondly a buffer should be created between the residential and hospital areas to limit light and sound. Margaret Davis, 160 Charlotte Avenue stated the photos of the temporary parking lot do not coincide with the conceptual plan in the staff report. Also the board should consider that when the Hwy 93 Bypass is completed and Four Mile Drive is improved it will link the Grandview connector with FVCC and provide a quick and easy route for people coming fi-orn the south to access the hospital H-1 zone on Grandview. Davis read a statement to the board. A copy is attached to the minutes. Kelly Coloff, 95 Grandview Drive stated her property is directly across the street from the current entrance into the Grandview lot. Coloff said she believes that the Endings in the Section 11 Evaluation in the staff report are inaccurate as they state the zone change will lessen congestion in the area, specifically on Grandview Drive, The temporary parking lot has increased traffic, dump trucks, noise and the shuttle buses. She is also concerned with the safety of the children in the area. She added the staff report also mentions that in the future a traffic impact study might be necessary and she is recommending that a traffic Kalispell City Planning Board Minutes of the meeting of June 9, 2015 Page � 4 impact study be required before approval of any zoning changes. Coloff stated the evaluation should be amended to reflect this public opposition to the entrance on Grandview Drive and the safety concerns and the traffic issues. Dick Stotts, 76 Grandview Drive stated he has lived here since 1971. He was also a policeman for 20 years and he would approach this strictly from a safety issue. With children also means school buses and if you look at Grandview Drive now, if anyone is parked on the street, two cars cannot safely pass. Now to add the walking traffic this is a very dangerous situation. Stotts said some of this can be solved by making the entrance off of their existing parking lot and closing the Grandview entrance. They have asked for curbs and cutters since 1971. He encouraged the board members to take a look at this area during the day and then envision 150 vehicles added to that load, Homeowner (Name inaudible), 81 Grandview Drive stated she loves the convenient factor of if her, children get hurt they can walk themselves over to the hospital and she has no problems with further construction of the hospital. However she does have a safety concern. She will start home schooling her kids and having recess outside on Grandview three times a day is a major concem. Toby McIntosh, Jackola Engineering distributed copies of map that further clarifies the location of the parking expansion. The temporary gravel parking lot that was accessed off Grandview Drive was primarily used to park cars during the construction period. The agreement with the city is this area of the site will not be used for parking. As currently proposed the parking expansion will not connect to Grandview at this th-ne. McIntosh continued from a storm water management standpoint, and because the parking expansion is extending over the existing pond that was associated with Buffalo Commons, Phase V subdivision, they are looking at relocating the pond into the gravel pit and determining what properties could drain to that pond to manage storm water as future development occurs. With the expansion of the parking lot partly into the subject property it gives them different access into the Maycurnber Pit, which would allow for opportunities to manage snow removal differently. McIntosh restated that the goal tonight is for review of the growth policy and zone change amendments and any improvements within that property will go through the City of Kalispell and screening & buffering, storm water management, and light pollution will be addressed. Kalispell City Planning Board Minutes of the meeting of June 9, 2015 Page 5 Ted Hirsch, Kalispell Regional Medical Center stated they would be happy to ineet with anyone from the community to go over their current plan. Please contact the hospital and set up a time to meet. Hirsch said the map proposes a slightly different model than what was submitted, specifically in terms of the access road that leaves the expanded parking lot going over to Grandview Drive. He has also heard the coiTunents about dust control and he will work with their contractors on the current projects and will require them to be more efficient in dealing with dust control. There may be some trucks on the temporary lot that was used through the whiter that are not the hospitals' but belong to the company who is laying the fiber in the area. They will contact this company and ask them not to park in that location. He added their agreement with the city was they would not use the temporary parking area once they were done with the temporary use. Jan Franklin, 50 Grandview Drive stated they have just recently moved into the neighborhood and they love it. There are lots of children on their street and with all this traffic it is dangerous. She also feels that they need to know exactly what the plan is — not part of it, not that we can come in and talk about it another time, but tonight. She asked the board to look into their hearts and if they were living in this area how would they feel. BOARD DISCUSSION Board Member Young, who is employed by Jackola Engineering, I recused himself from the discussions and vote on this matter. MOTION — GROWTH Kauffinan moved and Lorch seconded a motion to adopt staff POLICY AMENDMENT report KGPA-15-02 as findings of fact and recommend to the Kalispell City Council that the growth policy land use designation for the 9.55 acre site be Urban Mixed Use on the Kalispell Growth Policy Future Lane Use Map, and it is further recommended that the board authorize the President to sign Resolution KGPA-1 5-02 recommending the amendment to the growth policy. BOARD DISCUSSION Osorio-Khor noted with an up and down vote there is very little to discuss. They have beard some very dramatic testimony and it was interesting to hear that there had been promises in the past about a parking garage. She said it is clear that the relationship between the neighbors and the hospital is in need of more than a band aid. 0sorio-Khor said she is inclined not to vote in favor as it needs more time for the hospital and its neighbors to talk and work together. Although she realizes the hospital owns this property she still thip-ks it is always important to be a good neighbor. 0sorio-Khor said she will be voting against the growth policy amendment. Kalispell City Planning Board Minutes of the meeting of June 9, 2015 Page 16 Graham said the board has heard comments and concerns from the public. Graham said he wants to make sure that the public is aware that a lot of these concerns are not attached to the growth policy amendment and zone change before the board tonight. Jentz agreed and added the board is not reviewing a parking lot, or addressing access or dust control. The applicant, in good faith, said they intend to use this property as a parking lot however, if they choose to build something else, they could. Jentz said the board is being asked the question, is this a logical place for the hospital to grow into? If they say yes, the next question is what would be the most appropriate zoning. If the hospital does move forward with the parking lot it will come back to the city who will address storm water on -site, landscaping, access, etc. ROLL CALL The motion passed on a roll call vote of 5 in favor and I opposed. MOTION Regier moved and Pesola seconded a motion to adopt staff report KZC-15-02 as findings of fact and recommend to the city council that the zoning on the 9.55 acre site be H- I (Health Care) on the Kalispell Zoning Map. BOARD DISCUSSION Graham recommended that the neighbors contact the hospital to discuss these issues. He added often times in meetings such as this communication is the biggest barrier. Osorio-Khor said the reason she doesn't want to go forward with this amendment is because the hospital has made sonie promises in the past and the neighbors said they didn't fulfill them. Sometimes it is better to set everything aside and have the communication then hopefully they can go forward with the support of the neighborhood. 0sorio-Khor said she will be voting no on the zone change. ROLL CALL The motion passed on a roll call vote of 5 in favor and I opposed. Board Member Young returned to his seat. OLD BUSINESS: None. NEW BUSYNESS: Jentz, noted the meetings in July and August will begiri at 6:00, Osorio-Khor said she has been working on the bylaws and met with the city attorney to review some of the proposed changes. In particular she is recommending adding a new section to the bylaws that she wanted the city attorney's fiiput before it is reviewed by the board. If the city attorney is not able to review this section by the July meeting she would propose bringing the other changes to the board at the July work session. Kalispell City Planning Board Minutes of the meeting of June 9, 2015 Page 17 ADJOURNMENT The meeting adjourned at approximately 7:30 p.m. WORK SESSION: A work session was held immediately following the regular meeting on the following: 1.. Casinos in Kalispell NEXT MEETING The next regular planning hoard meeting is scheduled for Julyl4, 2015 beginning at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1" Avenue East, Kalispell. A work session will follow the regular meeting. APPROVED as submitted/corrected: � / I /15 4icLh�ell�t Anderson Recording Secretary Kahspell City Planning Board Minutes of the meeting of June 9, 2015 Pape 18 TO: Kalispell Planning Board, public hearing, June 9, 2015 FROM: Margaret S Davis, homeowner 160 Charlotte Ave, Kalispell MT 59901 (mailing address PO Box 788, Lakeside MT 59922) RE: staff report for combined KRH applications for Growth Policy Amendment and Zoning Map change and Zone change from RA-1 to H-1 The staff report is disappointing in that it only considers an immediate request to legalize an existing gravel parking lot that is not a permitted use in the existing RA-1 zone. The staff report does acknowledge that this parking lot is likely to be an interim land use. Such a short sighted approach to planning ignores the implications of Urban Mixed Use/H-1 development on 9.55 acres, its effects on the neighboring zones, and the transportation problems that have arisen the H-1 zone. The staff report makes several references to preserving the hospital's options for growth in the present location. However, the time to insure that those options are viable down the road is NOW. The developer and the City both need to address accelerated growth in the H-1 zone and overall public safety in the Flathead valley. Not all property in the H-1 zone is owned by the hospital or its affiliates, but a great proportion is. While the hospital is a nonprofit institution exempt from property taxes, some of its associated enterprises are for -profit. The hospital is able to issue tax free bonds for capital projects and derives much of its income from government sources. In other words, the hospital has a favored tax and financing status. As an essential 24/7 service, it has an obligation to address the broader public good by optimizing its property for the highest and best use, improving safety and accessibility in H-1 zone, and mitigating environmental issues that may arise. There is no rush to approve this parking lot by a hasty re -zone. Instead the City and KRH should go back to the drawing board, assemble facts and develop action plans that serve the long-term goals of the H-1 zone and the City. CONDITIONS: The zone change should not be approved without specific conditions to be fulfilled before any improvements are made on the property in question. 1. Grandview Dr is not built to city standards and is inadequate to accommodate impacts from any development at this site. a. Unless improved to city standards or redesigned with code required sidewalks and boulevard strips, an access from Grandview Dr to the parking lot shall be prohibited. b. The recently paved entry drive on Grandview shall be removed and the east boundary fencing extended across the current access. 2. The proposal to link Grandview Dr with Heritage Way through the proposed parking lot creates yet another de facto private thoroughfare in the H-1 zone, Access from Sunnyview Ln and Heritage Way is sufficient to serve this parking lot unless the developer commits to building a public street built to city standards between Grandview and Heritage Way as part of the project. 3. A traffic (vehicular and pedestrian) plan for the entire H-1 zone shall be prepared prior to the issuance of any building permit. The cost of the plan shall be the responsibility of the developer. The City will review and adopt the resulting H-1 transportation plan. 4. A complete analysis of the site's fill and soils shall be done at the property owner's expense before any building or infrastructure is constructed on the lots affected by this zone change. a. Until such time as the analysis has been completed and appropriate mitigation done, the subject property shall not be used for anything other than surface parking. b. No additional fill may added to or relocated on the site until the site is deemed free of hazardous debris or fully mitigated. S. A storm water drainage plan, incorporating applicant's stated desire to handle storm water drainage from other areas of the hospital campus on this site, shall be submitted by the developer prior to paving surface parking on the site. 6. Four of the 11 City water wells are in the H-1 or neighboring areas. The soil survey, fill analysis, and storm water plan shall also evaluate the potential effect on the City's water supply and the nearby Stillwater River. 7. Resolution of planning issues raised by having adjacent PUD,s and potentially multiple landowners within those PUDs. Without a residential component, there is no reason to pursue development through a PUD in the H-1 zone. 8. Include Lot SAB (a single family residence) in the H-1 re -zone. If it remains a RA-1 zoned property, it is spot zoned. 9. If the hospital's RV Park is to be re -located or expanded, appropriate sewage services and gray water disposal shall be provided. FUTURE CONSIDERATIONS: Redefine the H-1 zone so that it better reflects Urban Mixed Use criteria as stated in the Growth Policy. Activities and services within the zone include far more than "...hospital and medical facilities and supportive services for the care of the sick, elderly, and distraught. This zone is not intended to serve general retail or overnight accommodation needs of the general public". Modern medicine with preventive and outpatient services generates a wide range of ancillary land uses including restaurants and some forms of retail. The zone also serves more than 2500 healthcare employees. H-1 zone lot coverage for structures could be increased from 45%. In the future parking structures should be allowed as permitted uses in the zone. This may accommodate a helipad, conserve open space, and allow some passive storm water collection. Surface parking lots, streets and sidewalks, and buildings contribute to impervious surface area that may require an integrated, more sophisticated storm drainage system. To City Council Members: We are writing in oppositon to making the temporary parking lot off Grandview Drive a permanent lot by KRMC and are opposed to zoning changes that would allow this. In particular, we are opposed to the use of Grandview Drive as an access to this parking lot due to the increased noise and traffic when it was in use both as "temporary" parking and also for snow piling. It was a problem both with traffic and noise when it was in use as a dump previously. We are a small community here on Grandview, Sunnyview, and Glacierview Drive that have been here before the hospital. The hospital was always a good neighbor until it began to grow into the "Medical Center" that it is now. With it's original explansion plans it promised to remain a "good neighbor" but has not done so. For example, the intial expansion proposal included a multi story parking garage which has obviously been abandoned for less epensive parking lot sprawl. The newest parking lot expansion includes an area that was originally proposed to be a green zone to protect the homes on the west side, of Glacierview Drive from noise and light. There is no green zone left in this area. Parking lots are not good neighbors. They are loud, particularly during the night when maintence occurs and residents are trying to sleep. The developernent of parking on Grandview and the use of Grandview Drive or Sunyview lane will significantly change the flavor of our quiet, secluded residential neighborhood. Grandview Drive is also not designed for use by heavy trucks hawling snow in the winter. With increased use Grandview Drive may deteriorate and require widening and reconstruction, changing the quality, of our neighborhood. Of course this reconstruction will be paid for by taxpayers, not the hospital. If the ciry council approves turning the temporary parking lot into permanent parking, it should require that the Grandview Drive access be permanently closed and that KRMC should access this new parking lot from the west via the existing parking lot on Heritage Way. This is a distance of about 30 yards or less. This would eliminate the traffic from Gandview and Sunnyview lane neighborhoods. They should also be required to landscape the East side of the parking lot that Boarders Grandviewl. Another option is for KRMC to remove the Swank constuction eye sore that has been there for years on Heritage Way and turn it into parking space. It has better proximity to the hospital, radiation oncology, imaging , The Rock and the Wellness Center. They could also do what they originally proposed and build a parking garage. Please oppose this permanent expansion of a disruptive parking lot, that begins to fragment our neighborhood, in favor of: a more respectful option for this quiet residential community. Thank you, Susaq,�Cahill and Steve 425unnyview Lane Kalispell, MT 75,5-3392