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05-22-07 Special MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF SPECIAL MEETING MAY 22, 2007 CALL TO ORDER AND ROLL The special meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Timothy Norton, Bryan Schutt, Robyn Balcom, and Kari Gabriel. John Hinchey took his seat at 7:30 p.m. and Rick Hull and C.M. (Butch) Clark were absent. Sean Conrad represented the Kalispell Planning Department. There were approximately 35 people in the audience. HEAR THE PUBLIC No one wished to speak. STARLING OF KALISPELL - A request by Stillwater Meadows, LLC for a growth policy GROWTH POLICY amendment, annexation and initial zoning of R-3 (Urban AMENDMENT, Single Family Residential) with a Planned Unit Development ANNEXATION & INITIAL (PUD) overlay district for a 640 acre site. The growth policy ZONING, PLANNED UNIT amendment would change the land use designation on the DEVELOPMENT & 640 acre site from Suburban Residential to Urban PRELIMINARY PLAT Residential. In addition to the zone change and PUD, the developer is requesting Phase 1 of the Starling Subdivision to create 131 single family residential lots, 98 townhouse lots, and 7 multi -family lots allowing a maximum of 64 units. The 640 acre project is bounded on the east by Stillwater Road, south by Four Mile Drive, west by Spring Creek Road and north by West Reserve Drive. PROJECT OVERVIEW Sean Conrad representing the Kalispell Planning Department provided the board with an overview of the Starling project. Conrad oriented the board to the location of this proposal which is all of Section 35. The project proposal includes a PUD overlay which would allow up to a maximum of 3,000 residential units, and anticipates 6,000 to 8,000 people living on this section when it is fully built out. The request also includes a Growth Policy amendment from Suburban Residential to Urban Residential; an annexation & initial zoning of City R-3; and a preliminary plat for phase 1 of Starling subdivision. Phase 1 will plat 236 lots which will be a mix of residential and some commercial. Conrad said he will go into further detail on all of the recommendations during the board discussion. Conrad noted staff has received 5 letters, copies of which have been provided to the board, on the proposal. Two of the letters are from residents who live out on Helena Flats Road. Their concerns were traffic, density and the impact of traffic on Stillwater Road and West Reserve Drive, particularly because of the new high school. Two letters were from neighboring residents with concerns on traffic, density and the sheer volume of information that was provided as part of Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 1 of 22 this project. The neighbors felt that there was not enough time to review all of the information in order to make informed comments. Conrad added a letter was just received from Citizens for a Better Flathead voicing concerns regarding the availability of the staff report, the volume of information and not having adequate time to review the materials. APPLICANT/TECHNICAL Greg Stratton representing the Aspen Group introduced the. STAFF other members of the team and the members of the Grosswiler family who were in attendance. Stratton stated they started the planning process on this project back in September of 2006. Work sessions were held with both the planning board and the city council in January of this year. They received comments from city council, the planning board and staff and moved forward to the plan that is before the board today. Stratton said the following goals were then established for the project: To be integrated into the City of Kalispell. The design is open to the community. They have established green space corridors around the entire perimeter of the project with a nicely landscaped trail system. John Constenius, a Whitefish Architect who developed the design guidelines, went down to the core of Kalispell and documented architectural styles and that information established what the neighborhoods of Starling will look like. They established a series of parks that will be available to everyone in Kalispell. To not be a burden on the City of Kalispell. They hired Morrison Maierle as the engineers and a series of other professionals to look at issues such as water supply, sewer disposal, stormwater treatment and most importantly transportation, and how this project will affect the existing infrastructure around the project. Each phase of Starling is stand alone and if something happens and they don't continue, each phase is designed so that it will not be a burden on the city in the future. They have also provided plans. for how each of the infrastructure improvements will be financed and how they will be completed. That schedule is in writing within the submittal. To market this project to the City and residents of Kalispell. They are providing a wide variety of multi- family, .single-family and neighborhood commercial architectural styles and housing types and planning for up to 3,000 units. They are anticipating the prices of homes to be as low as $150,000 to well above Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 2 of 22 L� $500,000 within the same project to reach a wide range of buyers. One of their major marketing groups would be the residents who actually live in Starling and providing housing for them so that they could live on this project essentially the rest of their lives, moving up as their .families grow. Their market study shows the strength of the market is in the entry level price and they have geared the first phase to that level. • To make Starling a nice place to be. An example is their award winning project in Bozeman, Valley West. When you drive through the subdivision and parks there are a lot of people playing in those parks and probably less than half of those people live within the subdivision. They host a wide range of community activities and created pedestrian friendly and safe neighborhoods. • To make this a project that they and the City of Kalispell can be proud of. Stratton said they are all extremely proud and excited to be a part of this project and to be part of Kalispell. Mitch Black, Norris Design reviewed the Starling project through a power point presentation. (The power point presentation is attached to the minutes) Black stated that he believes that this is a well planned series of neighborhoods within Kalispell that people will be proud to visit. and future generations of Kalispell will find. their way to. BOARD MEMBER SEATED I John Hinchey took his seat at approximately 7:30 p.m. PUBLIC HEARING Marc Nevas - 1475 West Reserve Drive stated that he lives directly north of the proposed Starling project. Nevas read a letter on behalf of himself and his neighbors. (Copy is attached to the minutes) Nevas read for the record the letter from their planning consultant, Robert Horne of Applied Communications. (Copy is attached to the minutes) Nevas said the he and the neighbors are making a substantial financial investment with the hiring of a consultant so that they can play a collaborative part but they need cooperation on the part of the developer, and of the planning commission to be able to do that. Lee Morgan - 1405 West Reserve Drive submitted a letter rom her husband. (Copy is attached to the minutes) Morgan noted she is one of the neighbors who look down on this Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 3 of 22 beautiful land. They know they can't stop this development but they would like the board to take into consideration how beautiful it is now adding she doesn't think this proposal will be beautiful. She realizes you can't stop change but asked that it is done in a quality way. Morgan said we have a beautiful city and let's not ruin it. She also requested additional time for the neighbors to review the proposal. Robert Dregne - 1485 West Reserve Drive said he is requesting that the neighbors get the same amount of time to review this project as the Aspen Group had to put it together, which is about one year. He said they have 5 and 10 acre parcels in their neighborhood and the developer wants to put in back yards that aren't big enough to hold a trash can. He thinks that isn't fair to the people who already live in this area. He added the commercial aspect of this project should not be allowed in the residential area. There is already a place for commercial along Highway 93. Dregne said commercial in . the West Valley has been fought in the past because people don't want commercial in West Valley. Dregne referred to. a fatal accident at the corner of West Reserve and Stillwater Road. He said adding the kids from the new high school with the gravel and construction trucks will cause more deaths. He thought it would be better to direct traffic out Wolf Pack Way to Highway 93 instead. Dregne reviewed other developments in the city including Stillwater Estates with 17 different types of fences and colors; Ashley Creek with water in their basements; and Westview Estates with the brick wall that resembles a prison. He added let's not make those same mistakes and take the time to think this project through. He urged the board to consider what the people who live there want in their neighborhood and asked that the developers meet with the neighborhood to discuss the proposal. That way, he said, everyone will be aware of how a development of this type will impact this town. Kate Marshall ' - 1475 West Reserve Drive stated she is a native Montanan and in the course of her 57 years of living in Montana she has seen huge and mind -boggling changes in communities all across the state. She has seen well planned and beautiful development happen along with bad, seemingly thoughtless development. When neighbors are not included in the process it is bad development and they need more time to consider and understand this plan. Michael Blend - 104 West Bluegrass in West Valley read a statement for the record. (Copy is attached to the minutes) Jerry Nix - 43 Sunrise Drive said this section of land is strategically located and is best suited for the higher density,. mixed housing type development that is proposed. Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 4 of 22 ID Nix referred to a recent editorial that contained inaccurate information in relation to this project. The developer did provide a traffic study, floodplain impacts, there are none, the soils are sandy loam and not a problem, and they have completed the Environmental Assessments. Nix continued they have interfaced the landscaping throughout the project not only within their parks but they have gone to great lengths to compile a beautiful community that will set a new standard of excellence here in Kalispell. Nix noted there are no wildlife impacts, no slopes above 15%, and no storm drainage issues. They have put the green belt and pedestrian paths under the high voltage lines and have gone to great lengths to mitigate the traffic that they are creating on the project. Nix said the developers and residents will pay impact fees to take care of the impacts of this project on roads, services and infrastructure. They have established parks and the developer has proposed to do their own park maintenance alleviating the burden on the city. They have even donated a school site. Nix continued they are proposing neighborhood commercial incorporated into this project. Commercial in the neighborhood would enable people to walk to grocery stores and other types of businesses rather than having to jump into your car and drive half -way across Kalispell to get what you need. Nix added the densities proposed are nothing out of the ordinary for any place else in the United States. Most communities have a standard residential density for regular single-family lots of 4-6 units per acre, they are using 6. Nix concluded by saying there is no doubt this is a massive project, however, seldom do you get a chance to be able to know and plan exactly what you will get for the next 20 years. Within the design guidelines, which in his opinion are impeccable, they have gone to great lengths to preserve the. historic character of our community and have picked the very best out of downtown Kalispell. This is one of the finest communities we will ever see. Diana Blend - 104 West Bluegrass said as a resident of West Valley she is very much in favor of this project. Blend said she sees this project as a multi -generational neighborhood where people will be able to age in place and live their lives moving up or moving down as they need to. As children age they will be able to work in some of the retail nearby, and all ages will engage with families and children along the bike paths, in the .parks and common areas. Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 5 of 22 1 Blend continued one of their primary goals is they want to create an enduring, sustainable community to enhance quality of life. It brings a solid sense of character to the West Valley with a small town feel, where residents who don't want large tracts of acreage can still live and feel connected with one another within a community and be proud of their progressively designed community. The diversity of the housing styles suited to the various price ranges will provide some relief in terms of housing costs and the impact fees will provide Kalispell the means for which to provide for this community well into the future. Blend said they have an opportunity here to bring a stellar project right into our own back yard and she would be happy to have Starling as her neighbor. Myrna Terry - 1505 Whalebone Drive said she has had some time to review the project and look at the scope and mixed uses in the project. She appreciates the fact that this is a large development and what that does for us is give us better planning because it creates a cohesive community rather than a small neighborhood here, a small subdivision there where maybe the roads don't always meet or they can't plan for neighborhood parks or gathering areas. She is also a builder of affordable homes and to have places where builders can build homes that are affordable helps them and the community. In order to be able to provide homes that people can afford to live in there has to be some areas with more density. That way people who work here can live here and be part of their community. Terry said this is a great neighborhood and she hopes the board supports it. Norb Park - 1330 Wisconsin Avenue in Whitefish said he works for developers' in marketing and as a consultant. Park said he sees many projects like this and what is of primary importance is the fact the development is so large in scope and the only way it can be comprehensibly handled is to have a master plan to work from. Park complimented the Aspen Group on this plan. He said they have spent a lot of time looking at the various detail and are doing this project on a phased basis which is necessary. Park urged the board to consider approval of the project he added working with the Aspen Group will get the board where they want to go. APPLICANT REBUTTAL I Greg Stratton addressed the concerns voiced by the public and his responses are as follows: Lack of availability of the application materials: Stratton said the information has been on the website and the books have been available at the City Planning Office since they submitted the application. As far as he knows this meets all the legal requirements. ection to the Growth Zone Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 6 of 22 Change and the densities of the project: Stratton said the area is ideal for this type of growth. The access to the site is excellent, the West Reserve Loop will provide access out to Highway 93, the traffic issues have been addressed through the traffic study that has been completed, and they are making the necessary upgrades to provide excellent access and in addition will improve the access for the properties to the north of Section 35. The urban densities for this project are 4.7 per acre which is not considered a highly dense subdivision. They are in line with the density and perhaps even less than downtown Kalispell. • Parks: The recommendation was to have a review of the parks by the Parks 8. Recreation, which they have done and, he added, the Department has been very complimentary of their plan. When you look at their open space and parks combined they are well in excess of what would be required. There has been discussion on the definition of open space but they feel their open space would qualify as parkland due to the landscaping and amenities they plan for those areas. • Pond on the west side of the property: One of the unique characters of this property is they plan to deal with the stormwater on -site. They do allow for discharge under extreme events and a pond is reserved for a 500 year flood event. If they get extremes larger than that they are going to grade the drainage to allow it to overflow at a controlled rate so that downstream properties will not be flooded. Stratton added they have an existing irrigation well on the site that they are going to incorporate into the project. That well will be used to fill this pond and irrigate .all of the parks. He added that will save a considerable amount of water for the city. • 30 year time -frame of the project: Stratton said communities generally would be thrilled to have the opportunity to plan a 640 acre site as one master planned community. The PUD has been set up to provide some flexibility in the future. As development trends and housing types change they will be able to change with the market and provide the housing that is needed for the city. • Transportation issues: Stratton again reviewed the access to this site which is outlined above. • Commercial: The commercial proposed is not high impact commercial areas, but neighborhood Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 7 of 22 0 commercial uses. Groceries, coffee shops, and those types of uses that will also benefit the people who live to the north of this site. The commercial aspect is situated at the entrances to this site to invite the other residents of Kalispell in to use these shops and Starling's other facilities. • Drainage plan: Stratton said a drainage plan has been prepared and is part of the application which has been reviewed by the Public Works Department. He said they know where water is going from every location on the property. 50 foot setback around the perimeter: Stratton noted that 50 feet is quite a distance and he referenced their project in Bozeman which has a 30 foot setback that will be landscaped similar to this project. He said 30 feet is plenty and 50 feet will be even better. Price points on housing: Stratton indicated it was stated they are using the market to dictate the price points and they are. They are providing quality housing in this project that meets the price points and the needs of Kalispell and therefore are addressing affordable housing. Timing of road construction projects: Stratton said they have scheduled the needs of the existing infrastructure in Kalispell to meet the needs of this subdivision. In other words when an improvement is needed they have scheduled it to be made. Those improvements are based on the amount of development that occurs and the amount of houses that will be in place. Stratton said the entire submittal addresses the timing of road improvements. Existing wells: The development will function with the city water system as is but they are anticipating the need for a well as other development occurs around this site. However, Stratton said the well site is not even close to the other property owners' wells and won't affect them. Quality of housing: Beauty is in the eye of the beholder. Some people think that $700,000 homes on 10 acre parcels are beautiful and that is the way it should be. Stratton said that doesn't meet the needs for housing in Kalispell right now. The needs are for quality houses at an affordable price that meets the wages that the people of this county earn. The quality of their homes will be very high. Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 8 of 22 Stratton noted virtually everyone working on this project is from Montana and he listed the team members and where they live. Stratton added this is a good project and they are all extremely proud of the work their professionals and consultants have done. He said they are proud to be a part of it and would appreciate the board's consideration for approval. STAFF REPORT AND Conrad suggested the board consider each request BOARD DISCUSSION - separately. GROWTH POLICY AMENDMENT Conrad stated the Growth Policy Amendment would change the growth policy land use designation from Suburban Residential to Urban Residential. When staff reviewed the request they considered the following: the new high school immediately east of the site; the large commercial developments nearby; the KidsSport complex less than one mile from this site; Reserve Loop will be improved to a 4-lane roadway that will connect Highway 93 from the south end near Costco up to the Stillwater/West Reserve intersection where a round -about will be installed; and the construction and operation of the new city Fire Station located near Costco. Conrad said most of these have happen in this area since the growth policy was first adopted in 2003. Considering the changing trends staff felt that an Urban Residential land use designation was more appropriate for this site. As the Board is aware they are currently reviewing the western boundary of the growth policy area and considering expanding the boundary and changing some of the land use designations. Knowing the city is changing rapidly the board is trying to accommodate the changes. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KGPA-07-02 and recommend that the growth policy land use designation for the entire 640 acre site be Urban Residential on the Kalispell Growth Policy Future Land Use Map. MOTION - GROWTH Schutt moved and Gabriel seconded a motion to adopt staff POLICY AMENDMENT report KGPA-07-02 and recommend that the growth policy land use designation for the entire 640 acre site be Urban Residential on the Kalispell Growth Policy Future Land Use Map. BOARD DISCUSSION Schutt noted that staff summed it up well. One of the things he likes about the project is it's proximity to major transportation corridors, to services including schools and shopping and public safety. They have looked at projects that are a lot further out and a lot less served. Schutt finds that the Urban Residential designation is appropriate. Gabriel said she agrees with Schutt. Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 9 of 22 Norton noted 2003 seems likes a long time ago. When one developer extended sewer and water down Three Mile Drive the city really opened up to growth in that area. Changing this section from suburban to urban is a cleanup project in his opinion and is appropriate. Conrad noted that the board has met with the West Valley Land Use Advisory Committee and started initial discussions about the growth policy area moving west and possibly changing land use designations in the West Valley. Also the board has met with the Flathead County Planning Board recently and had the same discussions. Norton said that is an excellent point in that the board is not just haphazardly considering these changes but has in fact met with the land use committee and some members of the community in West Valley and the Flathead County Planning board. They have also had a work session with the developers adding there have been several opportunities for the community to get information about this project and Kalispell's intentions in the West Valley area. ROLL CALL - GROWTH I The motion passed unanimously on a roll call vote. POLICY AMENDMENT STAFF REPORT AND Conrad said the initial zoning request for R-3 is an Urban BOARD DISCUSSION - Single Family Residential zoning district with a minimum lot INITIAL ZONING size of 7,000 square feet. When staff reviewed the project in light of the PUD and overall plan the R-3 zoning would implement the urban residential land use designation of the property and provide an overall density parameter for the 640 acre project site. At 3,000 residential. units the board is looking at a density of about 4.7 units per acre. For perspective, Conrad noted, the east and west sides of Kalispell has approximately 6 units per acre. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-07-07 and recommend that initial zoning of the 140.5 acre site be R-3 as shown on the zoning district map for the property. Schutt asked if an R-2 designation would comply with urban residential. Conrad said it would allow a density that would be considered the low end of urban residential. If the board is considering an R-2 it would be more appropriate in a suburban residential land use designation. MOTION - INITIAL ZONING Hinchey moved and Balcom seconded a motion to adopt staff report KA-07-07 and recommend that initial zoning of the 640 acre site be R-3 as shown on the zoning district map for the property. Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 10 of 22 0 Norton noted 2003 seems likes a long time ago. When one developer extended sewer and water down Three Mile Drive the city really opened up to growth in that area. Changing this section from suburban to urban is a cleanup project in his opinion and is appropriate. Conrad noted that the board has met with the West Valley Land Use Advisory Committee and started initial discussions about the growth policy area moving west and possibly changing land use designations in the West Valley. Also the board has met with the Flathead County Planning Board recently and had the same discussions. Norton said that is an excellent point in that the board is not just haphazardly considering these changes but has in fact met with the land use committee and some members of the community in West Valley and the Flathead County Planning board. They have also had a work session with the developers adding there have been several opportunities for the community to get information about this project and Kalispell's intentions in the West Valley area. ROLL CALL - GROWTH I The motion passed unanimously on a roll call vote. POLICY AMENDMENT STAFF REPORT AND Conrad said the initial zoning request for R-3 is an Urban BOARD DISCUSSION - Single Family Residential zoning district with a minimum lot INITIAL ZONING size of 7,000 square feet. When staff reviewed the project in light of the PUD and overall plan the R-3 zoning would implement the urban residential land use designation of the property and provide an overall density parameter for the 640 acre project site. At 3,000 residential units the board is looking at a density of about 4.7 units per acre. For perspective, Conrad noted, the east and west sides of Kalispell has approximately 6 units per acre. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-07-07 and recommend that initial zoning of the 140.5 acre site be R-3 as shown on the zoning district map for the property. Schutt asked if an R-2 designation would comply with urban residential. Conrad said it would allow a density that would be considered the low end of urban residential. If the board is considering an R-2 it would be more appropriate in a suburban residential land use designation. MOTION - INITIAL ZONING Hinchey moved and Balcom seconded a motion to adopt staff report KA-07-07 and recommend that initial zoning of the 140.5 acre site be R-3 as shown on the zoning district map for the property. Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 10 of 22 BOARD DISCUSSION I Hinchey agrees with staff that the R-3 zoning is appropriate. ROLL CALL - INITIAL I The motion passed unanimously on a roll call vote. ZONING STAFF REPORT AND Conrad noted with the PUD overlay he will also be discussing BOARD DISCUSSION - Phase 1 of the Starling preliminary plat because they are PLANNED UNIT intertwined. DEVELOPMENT & PHASE 1 OF THE STARLING Conrad said several of the city departments have been PRELIAHNARY PLAT meeting with the developers of the Starling project for the last 5 months. The departments have provided them with initial input on street designs and layouts and the developers have taken those recommendations and changed the overall plan to address those recommendations. Conrad said there are 13 deviations in the PUD including deviations from the setbacks in the R-3 zoning district. They have compiled a separate table which addresses all the different product types proposed within the subdivision as well as a separate table for the overall uses in the R-3 district. There are a number of different residential housing types including townhouses, multi -family and duplexes, as well as neighborhood commercial. In the conditions staff is working with the developer to limit the commercial aspect to make it neighborhood oriented with commercial buildings that will be between 5,000 and 10,000 square feet in size. He added with a conditional use permit it is possible for a business to exceed 10,000 square feet, which is addressed in the conditions. Conrad continued there is an Architectural Review Committee who will look at all - of the commercial uses proposed and assist with the compatibility of the neighborhood. There are 133 acres of parks and open space proposed which is approximately 21% of the site. A condition requires a minimum of 90 acres of parkland that would be approved by the Parks Department. With the overall package they are proposing 5 parks with a number of improvements and amenities within those parks and the developer will be required, if the project is approved, to not only dedicate those to the public but also construct the improvements as approved by the Parks Department. Conrad said the city is getting 90 acres of parkland as an offset for the density and the different types of land uses that are included in the proposal. Conrad said staff has met with the developer in the last few days and when the staff report was provided to the developer they had concerns with some of the conditions. Conrad noted as a result of those meetings staff is proposing 16 amendments to the conditions in the staff report. Those amendments are as follows: Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 11 of 22 (J 2. The development of the 640 acre site shall substantially comply with the following maps and elevations contained in the R-3 Mixed Use PUD Application and submitted as part of the Planned Unit Development dated April 10, 2007: A. Starling PUD plan Note: Final access provisions for the southeast corner of the project site (i.e. B11 and B12) will be worked out at the time final uses are proposed in these areas. Conrad noted the reason this amendment was included is there is a requirement that you limit the amount of access points on the perimeter roadways. Down in the southeast corner the PUD plan shows one access roadway in an area 30-40 acres in size. The developer's concern was one access point in that corner may not be enough. Staff felt that they could give some consideration to additional access points in that corner but that would be reviewed at the time that phase comes in and additional access roads would have to be approved by the Public Works Department. Conrad said also in the southeast corner the developer is willing to dedicate a school site which is another reason why they wanted consideration for additional access points. Schutt asked if the remainder of conditions listed is #2 would remain the same and Conrad said they would. 5. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and where appropriate, the Montana Department of Transportation in order to determine the appropriate mitigation as each phase of the project develops. The traffic impact study shall be updated for each phase of the development and submitted as part of the preliminary plat application. The Public Works Department may waive the required update to the traffic impact study at their discretion. Conrad said the Public Works Department is recommending that a traffic impact study be completed as each phase of the project develops so they can evaluate the increase in traffic and what the current situation is for the surrounding roads. The condition notes if the Public Works Department believes an update to the traffic impact study is not needed they could waive it. 6. Prior to final plat approval of the third phase of the Starling project, a land dedication plan for the size and location of a future school site shall be approved submitted by the appropriate school Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 12 of 22 district. to determine the neeessar-y ,.. it gatier nee o,a to a4evlate-impaCtrte he-seheel dirt -iets. if the ,-,1.,n ealls fer-the dedication of t --" - -1- site, rcmE�€6%efuture - - the land dedication shall be made prior to final plat approval for the third phase of the project. The 15 acre school site land reservation in the area of B11 as shown on the PUD plan shall revert back to the developer if no land dedication plan is submitted by the school district. Conrad continued condition 6 deals with creating a plan for a future land dedication for a school site. Letters were attached to the staff report from West Valley School District and Kalispell School District #5 and Conrad noted the developers met with members of the school district and offered a 15 acre site in the southeast corner of the project. Neither of the letters from the school districts indicated whether that is an appropriate location or size for a future school that would fit their needs. The amended condition would put the onus back on the school district to provide a plan that they feel would fit their needs, if they should decide there is a need for an additional school. Norton asked what would happen to that site if the school districts decide it is not an appropriate site. Conrad said if the school district decides that they want land but not in that location but a different location on this site staff would present that change to the board with the phase that would be affected. 7. A park maintenance district shall be formed incorporating all the lots within the Starling subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. ;fps Is of the Hemeev.%er-s Asseeia-tien are need Conrad noted this amendment is a housekeeping issue. A park maintenance district would be formed incorporating lots within the Starling subdivision. The parks maintenance district would only become effective if any of the open space or park areas are turned over to the City of Kalispell. The conditions require that a Homeowners Association be established for the maintenance of those parks, which would be public parks but maintained by the Homeowners Association. Conrad said sometimes Homeowners Associations over the years do not function as well as they did and sometimes they want the city to take the maintenance of the parks over and this amendment would put in place a mechanism where if the city took over the. parks they could levy a tax for the maintenance of the parks. Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 13 of 22 0 l� 8. The following conditions shall amend the PUD Setback Table with the amendments reviewed and approved by the Kalispell Planning Department: F. The applicant shall add a note to the PUD Setback Table requiring a minimum of 400 s.f. of rear yard green space for the smaller lot —And in -an Fesidential categories. The maximum building height for "Non Residential" shall be established as 35'. Note: An administrative conditional use permit shall be required for any non-residential building between 35' and 401. In no case shall a non-residential building have a height exceeding 401. Conrad said the amendment to condition 8 deals with the setback table and building heights. Item F. addresses 400 square feet of rear yard green space for the smaller lots and they are recommending that the non-residential category's be exempt because they will be commercial businesses and will have associated parking lots with landscaping already, and will have to go through design review. Item I. the maximum building height would be established at 35 feet but for the non-residential uses staff is proposing that an administrative conditional use permit be required to allow up to 40 feet which would allow a better design and include architectural features. The administrative conditional use permit would be done at the staff level and go through the Architectural Review Committee for comments to maintain the architectural integrity of the site. 13. Parkland requirements shall be calculated as each phase of development is proposed with the required parkland met by the dedication and improvement of parks as shown on the Parks and Open Space plan. Any shortfall of parkland in a specific phase of the project shall be met by bonding in anticipation of dedication and improvement of parkland in future phases. dediea-ted and developed en the 640 aere prejeet site. it should be recogni thatsome pa:r4cs may be dedioated and developed outside of the immediate —phase of deyelopii ei-A to o+ the required Conrad reviewed the discussions with the Parks Director regarding the conditions relating to parks. The parkland requirements of each phase of development is proposed with the parkland met by the dedication and improvement of parks as shown on the Parks and Open Space plan, which Conrad added, is part of the overall PUD plan. Conrad noted that some phases will not have specific park dedication tied Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 14 of 22 to them so staff is saying instead of dedicating parkland somewhere else a bond be set up in anticipation of dedication and improvement of parkland in future phases. Conrad noted the city will still get 90 acres of approved parkland for this project as a whole. 16. The applicant shall install an asphalt (minimum 10- feet wide) or concrete (minimum 8-feet wide) trail along all four edges of the Starling Community as well as a pathway along the BPA power line easement. The trail along the perimeter of the site shall eliminate the need for the standard sidewalk next to the perimeter roadways (West Reserve Drive, Stillwater Road, Four Mile Drive and Spring Creek Road). Specifications for the trail including width and construction materials will be determined by the Parks and Recreation Department and, for bike and pedestrian paths along the perimeter of the project site, the Public Works Department. Conrad said condition 16 calls out minimum requirements for trails throughout the site. Reviews and approvals of the trails will be handled by the Parks Department and with the perimeter trail the Public Works Department. 20. The power, phone, natural gas and cable television lines shall generally be located within the alley right- of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 5-foot easement outside of the road right-of-way easement. Conrad continued in condition 20 the word generally was added because in some instances power, phone, natural gas and cable companies may not, due to safety reasons be able to locate within an alley R/ W. 22. Because of the extended nature of the Starling project it is understood that the merits of each preliminary plat shall be judged on the current design and construction standards for public infrastructure at the time of preliminary plat submittal. The main purpose of condition 22 is as staff has seen in the last year or two the storm water regulations have become more strict and if EPA or the Federal government puts more regulations on public infrastructure staff wants to make sure the future phases will comply with those regulations. 23. The Phasing Plan of the PUD serves as a general guide for the anticipated phasing of the project. The phase lines may be altered enly to aceommeda-te ehanges in the „ o TT plan ,,,.,av411 generally remain as rv,,,w , the DT T�v Phasing Per The various phases of the Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 15 of 22 U project serve as a guide with regard to the order in which the phases will be constructed allowing for phases to be constructed in orders other than that. shown in the Phasing Plan. The first phase shall be filed within three years of approval of the effective date of this PUD. Each successive phase or sub -phase shall be filed within two years of final plat approval of the previous phase or sub -phase. A one year extension may be approved by the Kalispell City Council for the first phase and subsequent phases or sub -phases. In all events each phase shall be freestanding in terms of public infrastructure, services, parks and open space. Conrad noted condition 23 is a housekeeping issue including phases and sub -phases and giving timelines of when they need to come into the city, and providing extension periods. If preliminary plat is given approval for the first phase they will have 3 years with a 1 year extension, and subsequent phases would have up to 3 years to come in for final plat approval. 34. All alley right-of-ways shall be dedicated to the public but privately maintained. A note shall be placed on the final plat stating that the alleys shall be privately maintained. Condition 34 acknowledges that the R/W's within the project site will be dedicated to the public but privately maintained, which will be noted on the final plat. Norton asked if cluster homes would be specifically addressed here and Conrad said it would be all alleys dedicated to the public but privately maintained. The streets, as always, would be maintained by the city. 39. The applicant shall add an internal parking lot off of the alley on a portion of lot 233 to accommodate additional visitor parking. The number of parking spaces shall be calculated at 1/2 space per unit for lots 218-236. The parking lot shall be constructed prior to occupancy of units constructed on lots 233-236. The parking lot shallang spa,ees and shall be paved, striped, and landscaped in accordance with the Kalispell Zoning Ordinance. The striping and landscaping plans shall be reviewed and approved by the Kalispell Planning Department and Parks and Recreation Department. Maintenance of the parking lot shall be included in the homeowners association for phase 1. Conrad stated there are a number of townhouses and multi- family lots that would access off an alleyway that would be 20 feet wide and staffs concern was providing enough off - Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 16 of 22 street parking so there was not a lot of congestion in the alleyway. Condition 39 requires a small parking lot be constructed and clarifies the number of spaces in the parking lot and when it would be constructed. Originally they had talked about 25 spaces and have since revised it because they didn't want to over park the residential area. It would serve those units surrounding the common area which is about one-half of lot 233 which therefore would reduce the buildable area of lot 233. 41. The developer shall provide 0.03 acres per dwelling unit of parkland deemed suitable by the Parks and Recreation Department in accordance with the Kalispell Subdivision Regulations. Initial preliminary plat review indicates the need for 8.16 acres of parkland for phase 1. Any shortfall of parkland in phase 1 will be met by bonding in anticipation of receipt of parkland in future phases. Recommended condition 41 speaks to the park requirement in phase 1 and again reiterates back to the park requirements for the overall PUD. He added changes indicate the amount of parkland that would be required in phase 1 is 0.03 acres per dwelling unit which would add up to approximately 8 acres of parkland for this phase. Parkland in phase 1 is planned at 4.5 acres and the additional 3.5 acres would be met by bonding as noted above under the amendments to condition 13. 43. A minimum distance of 50-feet from the right-of-way boundaries along Stillwater Road and West Reserve Drive to the lot lines, shown as common area on the preliminary plat, shall be maintained. Because of the excessive right-of-way dedication due to slopes along West Reserve Drive lots 10-14 shall be allowed to encroach within 30-feet from the right- of-way boundaries along West Reserve Drive to the lot lines. No lot boundaries shall encroach within the common area. A green belt was provided around the perimeter of the project site in the first phase. However, at the intersection of Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 17 of 22 0 0 Stillwater Road and West Reserve Drive in order to widen West Reserve Drive and construct the round -about MDT needed additional R/W for sloping. Condition 43 states 50 foot setbacks would be required for all lots except lots 10-14 where they can encroach within 30 feet of the R/W easement. This area would be an open space area with a. path and landscaping. The main point of the buffer is not only to provide landscaping and set a trail but also get some distance from the roadways. Due to the hill and vegetation in this area there could be 100 feet from the house to the edge of the pavement so staff felt the 30 foot setback in the area of lots 10-14 was enough. 48. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. In addition, the mail delivery site and improvements shall be included in the preliminary and final engineering plans to be reviewed by the Public Works Department and Planning Department. The "yei- site shalnet li-,pueta sidewa4k or-pregesed boulevElarea. Any mail delivery sites within the park area shall be approved by the Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.22) Conrad said condition 48 addresses the concern in the past where mailbox sites were installed either on the sidewalk or along the boulevard where landscaping was to be included. The amendment added that the mailbox site location will be reviewed by both the Public Works and Planning Departments to ensure that past mistakes are not repeated. 51. The water rights,, bothsurface and green ,- appurtenant to phase 1 shall be transferred to the city with the filing of the final plat to insure the orderly accounting of water rights and to protect the future water needs of the city of Kalispell for it users. Conrad concluded by addressing condition 51 that relates to water rights and the recommended amendment deletes both surface and ground and adding the water rights appurtenant to phase 1 shall be transferred to the city. Norton said the developer mentioned that they will be using the retention pond to irrigate and how would that affect the water rights situation. Stratton said their concern was they need to retain some of their water rights. Obviously as this develops and the land is no longer used as farmland there is a large portion of water rights that they intend to turn over to the city because they won't need them anymore. Stratton added that they are using their wells to irrigate the parks and they need to retain Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 18 of 22 some of their water rights in order to do that. Stratton said they wanted the condition to be amended to state that they can keep the water rights they need to maintain the parks, which he added, is a benefit to the city because they won't be using city water for irrigation. Norton asked if water rights pertain to surface water and streams/rivers and not water actually under the 640 acres. Stratton said in this case it is under, its groundwater. Norton asked will this be addressed in the future and Conrad said yes. Other comments from the board: Norton said page 13 indicates reducing lot widths from 40 feet down to 35 feet and the need for staking and he is concerned that the developer may sell off the lots and another builder may come along and how are these sites going to be flagged. Conrad said at the time they come in for a building permit they will have to provide a site plan and the lots have to be flagged when the building inspectors are inspecting the property. Conrad said he worked with the building department on this condition and they noted this is what they would prefer to ensure the building setbacks will be met. Norton referenced mid -block accesses and Conrad said that is not an issue with the first phase but will apply to the overall PUD. Norton noted that # 11 under the deviations deals with decreasing the minimum distance from the alley R/W so cars can't be parked there. Conrad explained that is part the of design for the cluster units. In the majority of the project, especially phase 1, there are houses that front a city street that are going to have on -street parking and alley access to the rear would be secondary parking. For the cluster units they are asking for setbacks closer than 10 feet and staff doesn't see that as a problem. Norton asked how the city could make sure this deviation is restricted to those units. Conrad said that will also be reviewed as each phase comes in. Norton asked about # 10 of the deviations in allowing accessory single-family dwellings in the R-3 and not limiting the height of the accessory structure to 18 feet. Conrad said staff is recommending the developer provide parameters around where an accessory single-family unit could be located on the overall project site, which types of lots, and lot sizes. These structures would also be limited to a 35 foot maximum building height. Staff wants these accessory dwellings placed on the larger single-family residential lots and not on lots that will already contain a small cottage house with a detached single-family accessory dwelling Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 19 of 22 squeezed in the back. Stratton noted they are limiting their accessory dwelling units to above the garage and there would not be another house built on the lot. Stratton added when someone buys a lot they will be able to see whether or not their neighbors would be allowed to build an accessory dwelling unit above their garage, because there will be a note on the final plat. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff reports KPUD-07-03 8v KPP- 07-06 as findings of fact and recommend to the Kalispell City Council the PUD & Phase 1 of the Starling Preliminary Plat be approved subject to the 53 conditions listed in the staff report, as amended. MOTION - PLANNED UNIT Schutt moved and Balcom seconded a motion to adopt staff DEVELOPMENT report KPUD-07-03 as findings of fact and recommend to the Kalispell City Council the PUD for Starling be approved subject to the conditions listed in the staff report that relate to the PUD. BOARD DISCUSSION Schutt said he takes seriously the comments by several members of the public that they didn't have time to review or have access to the application materials. Schutt urged staff to make every effort to ensure the materials are available and readily accessible. Balcom agreed. However, there have been a lot of changes as indicated by the amendments to the conditions that were just reviewed and it can be a challenge to keep everybody up to speed. Balcom said she is impressed with the detail provided and she commended the developers on the amount of effort it took to bring all this information together. Hinchey asked if there was any validity to the comments that the materials were not available. Conrad said the planning office has had these materials since April 9th (Note: Submittal actually was on April 10+h) and these materials have been available during our office hours. By law the adjoining property owners were notified 15 days prior to the meeting and then neighbors started coming in to the office. Conrad said to his knowledge only 1 or 2 people were in the office at one time and there was never a time when there were several people asking to review the information. Staff recently received the electronic presentation and that was put on the city's website along with a copy of the staff report when it was available. Conrad said yes there is a lot of information to review but since the planning office received the materials they have been available to the public. Gabriel noted that this project had a full page feature in the Daily Inter Lake and she didn't think it has been a secret. She feels badly for the neighbors because she boards her horses in that area and she knows the neighbors love where Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 20 of 22 0 O they live and their views. However, the valley is changing. The only thing that she would suggest in the future when a project is submitted of this magnitude to not only have it in the office but have another copy that could be checked out. Balcorn thinks this is an excellent project. Hinchey said his initial concern was the density but perhaps it is in the right location. Schutt said he personally likes this project. They are providing a good mix and are in a good location for transportation and city services. He noted however, that it was confusing when they get a staff report with 53 conditions and then 6 days later they are already amending 16 of those conditions. But that also tells him that the developer and staff are working together and trying to reach reasonable and equitable conditions. Schutt said he will vote for approval of the project. Gabriel said she also will be voting to approve this project. The 50 foot setback is awesome and the developers have gone above and beyond in her opinion by providing setbacks this large. Gabriel noted that between the parks and the school site there is 105 acres which is 1/6th of the project. She can't recall another project that equaled that before. She added the city is fortunate to plan an entire section like this and it will set a standard for future developments. She appreciates what Schutt is saying about the amendments to the conditions but it also shows her that staff is working with the developers and constantly looking at improvements. Lastly she wanted the neighbors to know that they were heard because it is a very emotional time for them to watch that beautiful piece of property change. She appreciates all the time, money and effort the developers have used to do this project right. MOTION - AMENDMENTS Norton moved . and Hinchey seconded a motion to approve TO THE CONDITIONS OF the amendments to the conditions of approval as reviewed by APPROVAL staff. It was further moved that the findings of fact would be amended to address the changes as discussed. BOARD DISCUSSION None. ROLL CALL - The motion passed unanimously on a roll call vote. AMENDMENTS TO THE CONDITIONS OF APPROVAL BOARD DISCUSSION Norton said in reviewing the project, staff report and comments he doesn't know anything else that the board could ask for. There may be a need to do some tweaking down the road and they will have to trust that any issues can Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 21 of 22 be dealt with as each phase comes along. ROLL CALL - PLANNED The motion, as amended passed unanimously on a roll call UNIT DEVELOPMENT vote. MOTION - STARLING Hinchey moved and Balcom seconded a motion to adopt staff PRELIMINARY PLAT, report KPP-07-06 as findings of fact and recommend to the PHASE 1 Kalispell City Council that the Starling subdivision, phase 1, be approved subject to conditions for the preliminary plat, as amended. It was further moved that the findings of fact be amended to address the changes as discussed. BOARD DISCUSSION None. ROLL CALL - STARLING The motion passed unanimously on a roll call vote. PRELIMINARY PLAT, PHASE 1 OLD BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT The meeting was adjourned at approximately 10:30 p.m. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, June A I /n ' g12, 2007 beginning at 7:00 p.m. APPROVED a ubmitte /corrected: C% Michelle Anderson Recording Secretary Q& / / a / 07 Kalispell City Planning Board Minutes of the meeting of May 22, 2007 Page 22 of 22