08-12-08KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 12, 2008
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: Bryan Schutt, Rick Hull, C.M.
(Butch) Clark, John Hinchey, Jim Williamson, Richard
Griffin and Troy Mendius. Tom Jentz and Sean Conrad
represented the Kalispell Planning Department. There were
approximately 20 people in the audience.
APPROVAL OF MINUTES
Clark moved and Hinchey seconded a motion to approve the
minutes of the July 8, 2008 Kalispell City Planning Board
meeting.
ROLL CALL
The motion passed unanimously on a roll call vote.
PUBLIC COMMENT
No one wished to speak.
VALLEY RANCH PLANNED
A request by Gateway Properties, Inc. (Valley Ranch) for a
UNIT DEVELOPMENT
planned unit development (PUD) overlay zoning district on
approximately 80 acres of land currently zoned City R-2
(Single Family Residential) within the City of Kalispell. A total
of 382 units are proposed on the site which includes 85
single-family residential_ lots, 33 townhouse lots, 104
assisted/independent (elderly) living units, and 160
apartment/ condominium units. The property is located on
the east side of Highway 93 approximately 1 1/2 miles north of
the intersection of Highway 93 and West Reserve Drive, and
south of a County subdivision, Ponderosa Estates.
STAFF REPORT KPUD-08-
Sean Conrad, representing the Kalispell City Planning
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Department reviewed staff report KPUD-08-01 for the board.
Conrad said the Valley Ranch Planned Unit Development
Zoning Overlay is before the board tonight. Conrad provided
the location of the site for the board and reviewed the uses
within the project including parks, open space, road
connections, and the residential aspect that would include
single family, townhouse, assisted/independent living and
apartment/condominium units. The first phase, Conrad
noted, has the highest density because it includes the
assisted/independent living, apartment/condominium units,
along with some single family and townhouse lots.
City staff had some comments regarding the access for the
townhouses in phase 3. Instead of access off an alley staff is
recommending a road be extended, and the townhouse units
be reconfigured to front off the road. This would provide
access to these lots which would meet subdivision regulations
standards, and the street would also accommodate a future
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road to properties to the south of this project. The tracts to
the south are developed but development is primarily on the
western edge along Highway 93 and the intent here is to get a
parallel road to Highway 93 which would allow further
development of these lots if and when they want to come into
the city.
Conrad reviewed the landscape buffer that will be provided
along Highway 93 which he noted is extensive and will include
100 feet of landscaped berming and trees. They are also
proposing a 130 foot wide linear park before they start the
housing units.
Hinchey asked if there was a height requirement for the buffer
and Conrad said not at this time but staff is asking for more
detailed plans when they come in with the preliminary plat for
phase 1. Conrad noted the Parks & Recreation Department
will also review those plans.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPUD-08-01 as
findings of fact and recommend to the Kalispell City Council
that the Valley Ranch PUD be approved subject to the 26
conditions listed in the staff report.
Conrad emphasized the preliminary plats will come before the
board for review before any lots are created and any houses
built. In addition as part of the final plat approval they would
not be granted approval until there is a road connection south
to Rose Crossing which will be in conjunction with the
construction of phase 1 of Glacier Town Center. That will
provide the residents of Valley Ranch a full -turn, signalized
intersection to safely access Highway 93.
BOARD QUESTIONS Griffin noted there are differences in the number of dwelling
units throughout the application and report. Jentz noted the
382 figure is correct.
Griffin raised his concern with the issue of sewer where the
city indicates they are not currently in the position to build
the needed off -site improvements to accommodate this and
other larger scale developments in the area, therefore the
developer is in the best position for making the improvements.
Griffin asked for clarification as this would require the
developer to pay for the improvements to the city's facilities.
Conrad said currently our Public Works Department indicated
the infrastructure going along Highway 93 south has the
capacity to serve the Silverbrook subdivision, the first phase of
Glacier Town Center and other projects along this route that
have already received preliminary plat approval. However,
they have found with the preliminary plat approvals the
station and lines are at capacity. The station would need to
be upgraded and new lines would need to be run and the cost
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would be the responsibility of this and any other developer
that may develop in this area.
Griffin thought this would negatively impact the cost per lot in
Valley Ranch. Conrad said someone has to bear the cost and
right now the city doesn't have the funding to construct the
improvements. Jentz said this developer may put up the
initial cost but it will not necessarily affect the values of the
lots. Jentz continued the developer would enter into a late-
comers' agreement with the city and the impact and hook-up
fees that would be paid with each individual housing unit
building permit would be used to reimburse the developers for
the upgrades. Jentz further explained how the late -comers'
fee works. Griffin asked about the current capacity of the
sewage treatment plant and Jentz noted the sewage plant is
currently undergoing an expansion that would double its
capacity in the next 12 months.
Williamson asked if this developer may also have to pay
Silverbrook for their late -comers' fee and Jentz said yes.
Williamson asked the status of impact fees and Jentz reviewed
the current impact fee program that includes police, fire,
stormwater, sewer and water. Jentz noted that transportation
(roads) and parks impact fees are currently being considered
by council.
Griffin asked if the 7 year approval window was a reasonable
length of time given the current market. Conrad said the
timeline gives the public assurance that the project approved
will be completed or if the developer lets the PUD lapse the
public will know with another developer the public process
will begin again. Conrad noted the current developer could
also request an extension from city council.
Hinchey asked if the proposed road extension would end in a
cul-de-sac and Conrad said not necessarily since there is an
alley at that location but under other circumstances the fire
department could require some sort of temporary turnaround
area instead.
Griffin noted there was a letter from Kalispell Public Schools
indicating that they have some concerns regarding this project
and asked when those concerns would be addressed. Conrad
said any impacts would be discussed at the preliminary plat
stage. Clark noted for the record that in the past the school
district has either not commented at all or their comments
were very vague. Clark suggested the school district should be
negotiating with the developers for school sites, etc. in the
future. Jentz reminded the board that impacts to the schools
cannot be used to recommend denial of a project. Jentz
explained further.
APPLICANT/CONSULTANTS I Bruce Lutz, Sitescape Associates said he represents Brent
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Card and Gateway Properties. He has been working with staff
on the conditions and they concur with those conditions.
However, they do have concerns with the sewer situation and
will be following that very closely through this process. Being
neighbors to the Glacier Town Center they are hopeful that
some of the other developers will share in that load.
Lutz said he wanted to address a few points discussed at the
work session last month including the issue of Round Up
Road extending down to the south end of the property and, he
added, they concur with that condition. The other issue was
connectivity to Ponderosa Estates and there are some severe
grade constraints in the area that was recommended. Lutz
suggested the area between lots 55 and 57 be considered
instead.
Lutz continued part of the conditions for phase 1 would be
connecting Whitehall Road all the way from the condo area
out to Highway 93 and connecting to the east side of the
property in phase 1. He added they had a meeting with the
Parks Department to determine what would be considered a
public park v. a homeowner park. He said also in phase 1, the
Parks Department is asking for the construction of the buffer
along Highway 93 as part of phase 1, even though it is a part
of another phase. Lutz reviewed the trail connections within
the Valley Ranch development.
Hinchey was concerned that the first phase of this project is
all of the high density and yet there would be very few park
areas developed with phase 1. Lutz said along with the
potential sewer issue one of the large expenses of this project
will be connecting to Rose Crossing and he said phase 1 will
not proceed until they can achieve that. Lutz said they wanted
to internalize the assisted living project to make it more
integrated into the project and closer to the town center and
wanted to buffer the Ponderosa perimeter with larger lots so
they have shifted their density. The 1-1/2 acre park will be
built as a public park in the first phase and will have a gazebo
shelter structure, benches and some kind of a trail connection
to the assisted living facility.
Clark asked for a review of the roads that will be constructed
with phase 1 and Lutz provided the information and the
relationship with the roads to be constructed in Glacier Town
Center. Clark asked if Lutz felt 7 years was enough time to
develop Valley Ranch and Lutz said he hoped it would be
enough and added they have the potential to extend the
timeframe another 3 years. Clark thought under the current
conditions 7 years wasn't enough time.
Hinchey said he doesn't see any connections to Highway 93
with the exception of the road south to Rose Crossing and
Lutz said with phase 1 there is another secondary connection
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to the west. Clark asked if that would be right-in/right-out
only and Lutz said it would be a 3/4 movement.
PUBLIC HEARING Sharon DeMeester, 415 Chestnut Drive — Ponderosa Estates
distributed information regarding cottage housing in Seattle
for the board's information. DeMeester said during the work
session there was discussion about connectivity through the
Ponderosa park and she wanted them to know that area
proposed for the connection is not a park it is an 8-hole
putting green. DeMeester said there is also major opposition
to providing a connection between Valley Ranch and
Ponderosa Estates because their roads are all private and they
do not want the additional traffic from Valley Ranch. In
addition a major issue is the right-in/right-out on the north
side of this property. She thinks the traffic will turn right onto
Highway 93 then right into Ponderosa and then make a u-
turn and go back out onto the highway. She described the
safety problems that currently exist at this intersection.
DeMeester said her other concern is the apartment complex
and density. She understands that developers need density to
compensate for the cost of development and she suggested
they consider the cottage -style developments which are very
successful in the Seattle area. She further described this type
of development for the board.
Bonnie Raeth, 261 White Pine Road stated she was one of the
first residents of Ponderosa Estates and has been living there
for over 25 years. Her concerns are the same as were stated
by Mrs. DeMeester. She added the developers have really tried
hard to work with the residents of Ponderosa but she said the
plans for a connection between the 2 subdivisions at the park
location will not work because it is a putting green not a park.
She asked the board to consider the sewer issue and the
impacts on schools.
MOTION Clark moved and Hinchey seconded a motion to adopt staff
report KPUD-08-01 as findings of fact and recommend to the
Kalispell City Council that the Valley Ranch PUD be approved
subject to the 26 conditions listed in the staff report.
BOARD DISCUSSION Clark said the developer has addressed all of his concerns.
They have put the large lots next to Ponderosa, the buffer
was added in the area where he was worried the trees would
be removed, and they have done everything possible to get
along with their neighbors and address the board's concerns.
Conrad noted that an email was received from Todd Thiesen
and copies were distributed to the board before the meeting.
Mr. Thiesen didn't have any major opposition to the project
but he did suggest that the developer provide a
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transportation right-of-way that would connect with the
Ponderosa Estates subdivision. Mr. Thiesen also expressed
his concerns regarding dust abatement control and Conrad
noted the city's Public Works Department is being more pro-
active in requesting that developers provide a plan for dust
abatement and Public Works restricts the amount of
property that can be disturbed to limit the impacts of dust
on nearby properties.
Schutt asked if the connectivity would serve this
development of Ponderosa Estates and Conrad said it would
be an alternative ingress/egress for the residents of
Ponderosa to travel south to the signalized intersection of
Rose Crossing and Highway 93 and to the Glacier Town
Center. If and when the residents of Ponderosa feel that they
need an alternative route they would have to construct the
road. Schutt asked if there were any long term plans for the
intersection of the Big Mountain Golf Club and Ponderosa
and Conrad said none that he is aware of now but MDOT
may choose to change the intersection in the future.
Hinchey said he echoes what was said by Clark in that the
developer has answered most of the concerns of the
neighbors and the board. However, Hinchey continued he
still has some concerns. He said regarding the density of the
first phase, it contains 80% of the units for the project but is
only planning for 20% of the parks. He doesn't think the city
will be getting the infrastructure that it needs to support this
phase. Hinchey would like to see more parks and bike paths
developed.
Hinchey added -he also shares the concerns expressed
regarding the 160 apartment units and asked for some idea
of what their design will be. He is also concerned that
residents of Valley Ranch will use the right -out up to
Ponderosa and make a u-turn.
Hinchey noted Condition #21 refers to the Department of
Military Affairs and that the developer would work with them
to come up with a suitable plan to buffer the uses between
the DMA facility and the residential lots. Hinchey thought
that sounded subjective and he would rather see that
wording changed so the noise can be mitigated.
Conrad responded the Parks Department is recommending
that in addition to the 1-1/2 acre park the .8 of an acre park
on the north end also will be developed along with the open
space. Another thing to bear in mind, Conrad continued, is
that they will not get preliminary plat approval until phase 1
of the Glacier Town Center is approved which will include the
construction of Rose Crossing. Conrad explained further and
added along with the construction of phase 1 of Glacier Town
Center is a 17 - 18 acre park which will also be developed
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and that park would be available to the residents of Valley
Ranch.
Conrad continued whether the residents will turn right out of
Valley Ranch and go up and turn around at the Ponderosa
intersection is an issue for MDOT. Other access points will
be provided to the south that will be much safer than using
the route to the north.
Conrad referred Hinchey to the elevation drawings for the
apartments that were provided in the packets and noted
their designs should be similar. Conrad also added the
designs will be reviewed by the Architectural Review
Committee.
Conrad said Condition #21 regarding the plan to mitigate
noise from the Department of Military Affairs facility could be
amended by the board. Hinchey asked, how does the board
guarantee that the residents of Valley Ranch adjacent to the
DMA facility will know there will be noise generated on
Saturdays when they are purchasing their lots? Hinchey
proposed an amendment to condition #21 with the wording
suggested by staff. Williamson noted in reference to
Condition #21 all the developer has to do is contact DMA. It
is an existing structure and everyone hopefully will know it is
there. The motion was not seconded and no further
discussion was held.
Hinchey thanked Conrad for the clarifications but expressed
his continued concern about the density of phase 1.
Schutt said he believes this project is much improved since it
was first presented. He is not personally concerned about the
7 year time limit because markets change and he believes
there will be adequate time. The city council has granted
extensions in the past and this project would be not
different.
ROLL CALL
The motion passed on a roll call vote of 6 in favor and 1
opposed.
OLD BUSINESS:
None.
NEW BUSINESS:
Coming in September there will be the regular meeting on
September 9th and a Work Session on September 23rd. In
addition, in October the planning board meeting will be
broadcasted live on the internet and there will be a dry run
in September.
ADJOURNMENT
The meeting adjourned at approximately 7:15 p.m.
WORK SESSION:
Immediately following the regular meeting a work session
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was held on the following items:
1. Siderius Commons/Highway 93 South Growth Policy
J Amendment
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Due to the late hour the following work session items were
not discussed:
Entrance Corridor Standards Text Amendment
Kalispell West Growth Policy Amendment
NEXT MEETING The next regular meeting of the Kalispell City Planning
Board and Zoning Commission is scheduled for September 9,
2008, at the regular time of 7:00 p.m. in the Kalispell City
Council Chambers located at 201 First Avenue East. A
work session is scheduled for Tuesday, September 30, 2008
in the city council chambers. The work session agenda will
include the Entrance Corridor Standards and the Kalispell
West Growth Policy Amendment.
Bry H. Schutt Michelle Anderson
resident Recording Secretary
APPROVED as submitted/corrected:/ /08
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Minutes of the meeting of August 12, 2008
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