01-14-20 - regular meetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
January 14, 2020
CALL TO ORDER AND ROLL CALL
The regular meeting of the Kalispell City Planning Board and Zoning
Commission was called to order at 6:00 p.m. Board members present
were Chad Graham, Kurt Vomfell, Joshua Borgardt, Rory Young, Doug
Kauffman, Ronalee Skees and George Giavasis. Jarod Nygren
represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Skees moved and Vomfell seconded a motion to approve the minutes of
the December 10, 2019 meeting of the Kalispell City Planning Board
and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT — ITEMS NOT
None.
ON THE AGENDA
BOARD MEMBER SEATED
Rory Young recused himself; he is the representative for Spartan
Holdings, LLC.
KPUD-19-01 & KPP-19-02
File #KPUD-19-01 & #KPP-19-02 — Spartan Holdings, LLC has
STILLWATER BEND PHASE 1
submitted PUD and major preliminary plat applications on 56 acres of
land within the B-2/PUD and RA-2/PUD Zones. Phase 1 will consist of
15 commercial lots along with the necessary right-of-way (including
Rose Crossing extension) needed to access each lot, sewer and water
extensions and open space buffers adjacent the highway and river. The
subject property is located at 2890 Highway 93 North, generally bound
by the Stillwater River on the west and south, U.S. 93 North on the east
and Northern Pines Golf Course and Falkor Defense on the north.
STAFF REPORT
Jarod Nygren representing the Kalispell Planning Department reviewed
Staff Report # KPUD-19-01 & #KPP-19-02.
Nygren presented the project location, surrounding land uses, existing
zoning, proposed zoning, City services and Growth Policy. Nygren
pointed out the deviation requests including the river setback and
highway buffer in detail. Staff noted that an applicant could request a
deviation of the river setback provided scientific evidence warrants. In
this case the applicant has submitted a Geotech report and there is a
condition requiring riparian area restoration. Regarding the highway
buffer they are requesting in order to provide a new local street within
their development that mirrors the east side of the highway. It is not
possible to construct a road with the 100-foot setback and river setback.
In order to mitigate the reduction, staff has proposed conditions for
limited signage, limited height, and architectural design parameters.
Staff noted that the applicant had presented comments regarding a
number of the proposed conditions. Staff noted that the applicants
request to strike condition #13 would be a good decision because the
subdivision regulations do not require what the condition is asking for
because the right-of-way did not connect to an existing street or primary
access to any lots. The right-of-way would be improved with Phase 2 of
Kalispell City Planning Board
Minutes of the meeting of January 14, 2020
Page II
the development.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPUD-19-01 as findings of fact and
recommend to the Kalispell City Council that the PUD for Stillwater Bend
Phase be approved subject to the conditions listed in the staff report.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KPP-19-02 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Stillwater Bend Phase 1 be approved subject to the conditions listed in
the staff report.
BOARD DISCUSSION Kauffman asked why the applicant did not include the extension of the
roadway that is going to be platted as a right of way into Phase 2.
Nygren advised staff would like this right of way to be platted in this
first phase, because, for example, if the property in the north west corner
behind the golf course were to sell, the owners would need to have a way
to get to their property.
Giavasis inquired as to why only 27 acres was used to calculate the
buffer instead of 56 acres and the reason for the reduction from 100-foot
to 50-foot. Giavasis also expressed concerns with reducing the highway
buffer which had just recently been passed by the Planning Board and
Council. Nygren explained that this is a unique piece of property and he
used regulations which state that you can only provide the set back to the
tract in which it is located, in this case, there are 2 tracts of land, Phase I
is located within a tract of land that is 27 acres, not the entire 56 acres.
The reason for the reduction is that the developer is trying to get a
required 60-foot right of way into the development and with the 100-foot
highway setback and river setback that would be virtually impossible.
Staff pointed out that the entrance corridor regulations do allow for
frontage roads within the setback, which this road acts as. Due to the
requested reduction staff is recommending more stringent regulations in
regard to height and signage to mitigate the impacts of the development
and meet the intent of the corridor standards.
Graham inquired about some of the changes in conditions that the
applicant is requesting such as using impervious surfaces (condition No.
10) rather than concrete and adjusting the maximum building height
from 35-foot to 45-foot along the west side of US 93 (Condition No. 8).
Nygren explained that he didn't have an issue with changing the
language to impervious, as it gives the ability for the developer to
provide additional surfaces (brink, pavers, etc.). Common area along
highway would still need to be concrete. As for the building height
increase to 45-feet, the west side of US 93 is 10 feet below the highway
so the height restriction would keep the buildings more in line with
surrounding buildings heights along the highway corridor.
PUBLIC HEARING Rory Young — Jackola Engineering — representative for Spartan
Holdings, LLC — offered to answer any questions and briefly mentioned
the changes in conditions that the board and staff had just discussed.
Kalispell City Planning Board
Minutes of the meeting of January 14, 2020
Page 12
MOTION - KPUD-19-01
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt staff report #KPUD-19-
01 as findings of fact and recommend to the Kalispell City Council that
the PUD for Stillwater Bend Phase be approved subject to the conditions
listed in the staff report.
BOARD DISCUSSION
None.
MOTION — AMEND CONDITION #4
Kauffman moved and Giavasis seconded a motion to amend condition
#4 to state: As part of the engineering review process, the City of
Kalispell shall have the option to submit the geotechnical analysis to a
third party for review.
BOARD DISCUSSION
None,
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION— STRIKE CONDITION #13
Graham moved and Skees seconded a motion to strike condition #13
from the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION —AMEND CONDITION#10
Kauffman moved and Giavasis seconded a motion to amend condition
#10 to state: An 8-foot impervious path shall be constructed within the
common area connecting the unnamed north/south City street to Phase 2
to the west.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION —AMEND CONDITION#8
Skees moved and Vomfell seconded a motion to amend condition #8 to
state: Buildings on lot 1,5,9,12,14 and 15 shall be limited to 45-feet in
height.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION AMEND CONDITION #6
Vomfell moved and Kauffman seconded a motion to amend condition #6
to state: Free standing signage within the common area adjacent to
the highway shall be limited to one monument sign as defined in
Section 27.20.29(1)(b). The sign shall be limited to 22-feet in
height and 90 square feet per face. The sign shall also function as a
common monument sign for the development.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
Kalispell City Planning Board
Minutes of the meeting of January 14, 2020
Page13
ORIGINAL MOTION-KPUD-19-01
Motion passed unanimously on a roll call vote.
MOTION—KPP-19-02
Vomfell moved and Skees seconded a motion that the Kalispell City
PRELIMINARY PLAT
Planning Board and Zoning Commission adopt staff report #KPP-19-02
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Stillwater Bend Phase 1 be approved subject to the
conditions, as amended.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
Nygren updated the board on the Pedestrian Plan, will probably come
back to the board for a work session in March.
NEW BUSINESS
There will be a February Planning Board meeting and the position for
Senior Planner is currently open.
ADJOURNMENT
The meeting adjourned at approximately 7:04pm.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be on Tuesday,
February 11, 2020 at 6:00 p.m. and is located in the Kalispell City
Council Chambers, 201 1" Ave East.
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Chad Gr
Presiden
APPROVED as submitted/amended: 3�11��
Karl Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of January 14, 2020
Page 14