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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 01 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Pagel of 8 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 2 of 8 (D 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 3 of 8 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 4 of 8 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 5 of 8 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 6 of 8 0 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 7 of 8 was held on the following items: 1. Siderius Commons/Highway 93 South Growth Policy J Amendment 0 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 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 8 of 8