11-14-06KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
AUNUTES OF REGULAR MEETING
NOVEMBER 14, 2006
CALL TO ORDER AND ROLL
The regular 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, Rick Hull, Bryan
Schutt, Robyn Balcom, Kari Gabriel, Bob Albert and John
Hinchey. Sean Conrad and. Tom Jentz represented the
Kalispell Planning Department. There were approximately 35
people in the audience.
APPROVAL OF MINUTES
Schutt moved and Gabriel seconded a motion to approve the
minutes of the October 10, 2006 regular planning board
meeting.
The motion passed unanimously -on a roll call vote.
HEAR THE PUBLIC
No one wished to speak.
OWL CORPORATION -
A request by the Owl Corporation for annexation and initial
ANNEXATION
zoning of R-3 (Urban Single Family Residential) on
approximately 58.5 acres located along Stillwater Road
immediately north of the West View subdivision.
STAFF REPORT KA-06-12
Sean Conrad, representing the Kalispell Planning
Department presented Staff Report KA-06-12 for the Board.
Conrad noted that this property is 58.5 acres and the
requested zoning is R-3. The proposed zoning is consistent
with the Kalispell Growth Policy.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KA-06-12 as findings of fact and
recommend to the Kalispell City Council that the initial
zoning for this property upon annexation be R-3, Urban
Single Family Residential.
QUESTIONS BY THE
Schutt asked for the minimum lot size in an R-3 zone and
BOARD
Conrad said 7,000 square feet which is typical of other areas
within the city.
Balcom asked if this would be an extension of Westview
Estates which is just south of this property. Conrad said yes.
APPLICANT/AGENCIES
Eric Mulcahy, Sands Surveying stated he is representing the
owners of this property. This will be an extension of Westview
Estates and he added the lots that were developed in the first
phase of Westview Estates are 10,000 to 12,000 square feet
so they are exceeding the R-3 zoning in this area. Mulcahy
said the larger lots are an attempt to create a transition to
Stillwater Estates which is a County subdivision on 1/2 acre
lots. Mulcahy said that they concur with the staff report as
presented and they feel the staff did a good job in their
report.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Schutt moved and Gabriel seconded a motion to adopt staff
report KA-06-12 as findings of fact and recommend to the
Kalispell City Council that the initial zoning for this property
upon annexation be R-3, Urban Single Family Residential.
BOARD DISCUSSION
Hull noted that when the subdivision comes in for review the
board will require additional parkland and interconnection
between neighboring subdivisions.
Norton said there was property set aside in Stillwater Estates
for road expansion and Conrad said when they see the future
phases of Westview Estates they will provide some
connectivity with Stillwater Estates.
Balcorn asked about the gravel pit nearby and if it will be
closed. Conrad said that it will be there for the time being
and he didn't know how many more years it would be in
operation.
ROLL CALL
The motion passed unanimously on a roll call vote.
PRIEST/RIATA RIDGE -
A request from Gary Priest for annexation, initial zoning, and
ANNEXATION &
preliminary plat approval on a 4.47 acre property. The
PRELIMINARY PLAT
owner is requesting annexation into the City of Kalispell with
the R-2 (Single Family Residential) zoning district. The
owner is also requesting a preliminary plat to create Riata
Ridge Subdivision with 16 lots each lot 9,600 square feet in
size. The property is located at 736 Greenridge Drive at the
southeast corner of the intersection of Greenridge Drive and
Willow Glen Drive.
STAFF REPORTS KA-06-06
Sean Conrad, representing the Kalispell Planning
& KPP-06-09
Department presented Staff Reports KA-06-06 & KPP-06-09
for the Board.
Conrad said the Kalispell Growth Policy designates this side
of Willow Glen as Suburban Residential which allows up to 4
dwelling units per acre. The R-2 as proposed here would be 3
1/2 dwelling units per acre. Conrad reviewed the surrounding
zoning for the board. He noted there is a city subdivision 1/4
mile south of this proposal which has been designated as R-
2. Staff was adamant about keeping the rural character of
this neighborhood and the developer agreed to the R-2
zoning rather than R-3.
Conrad stated the subdivision is 16 lots and access would be
provided by Greenridge Drive on the north, Howard Drive on
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 2 of 18
the east and a cul-de-sac road providing access to a number
of the lots. The parkland is indicated along Willow Glen Drive
as well as some additional R/W where a bike path would be
located.
Conrad said if preliminary plat is approved the developer
would be required to upgrade Greenridge Drive and Howard
Drive from the center line over to the subdivision which
would increase the road width to 24 feet with curb, gutter,
boulevard, and sidewalks adjacent to this subdivision.
Conrad added that with the upgrade to Greenridge and
Howard Drive the roads would be more than adequate to
accommodate the current traffic, plus the additional traffic
generated by this subdivision.
Conrad continued the preliminary plat shows parkland of
approximately 15,000 square feet along Willow Glen Drive.
The Parks and Recreation Department is recommending that
the entire parkland be dedicated as land instead of cash -in -
lieu, be increased to approximately 20,000 square feet, and
be located away from Willow Glen in the vicinity of lots 14 &
15. The Parks Department felt with land values increasing
cash -in -lieu would not be sufficient enough to purchase an
adequate amount of land in the future and the relocation of
the parkland would be beneficial when the property to the
south was developed and could serve both developments.
Conrad said that originally they had proposed a roadway
that would connect Howard Drive to Willow Glen but MDT
would not allow an access onto Willow Glen Drive in that
location and therefore a cul-de-sac road is being proposed
where the traffic would be funneled out onto Howard Drive
then on to Greenridge Drive to the intersection of Willow
Glen. An approach permit will need to be obtained from MDT
and any necessary widening or improvements of Greenridge
and Howard Drive would have to be completed prior to final
plat approval.
Conrad noted that the developer's consultant brought in a
revised preliminary plat which is similar to the original
preliminary plat provided to the board and they have
incorporated some of the recommendations of the Parks
Department by moving the parkland to the southeast corner
of the property. However the size of the park is indicated as
being only 8,500 square feet and not the 20,000 square feet
requested by the Parks Department. Conrad said that their
intent would be for the remaining parkland to be cash -in -
lieu.
Conrad reviewed the concerns of some of the neighbors
which includes improving only half of Greenridge and
Howard Drive to city standards and who would be
responsible for maintaining the roads. Conrad said
maintenance of the roads will be determined at a later date
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 3 of 18
by the Public Works Director and the County Road
Superintendent. In addition concerns were expressed
regarding drainage and where stormwater runoff would go.
Conrad said the consulting engineer has proposed 2 plans
for drainage and stormwater runoff. One was to take all the
stormwater from the roadways and go underneath Willow
Glen Drive near the intersection of Woodland and the other
proposal was to store it somewhere on site. A condition is
included that, if approved, they have to deal with stormwater
per city codes and the Public Works Department would
review the proposals and approve the plan.
Conrad concluded by saying that this subdivision is a higher
density than the surrounding properties. He said those lots
were platted years ago when the city was a mile or more
away. Now that the city is growing and encroaching on these
rural areas what the board needs to consider is the
appropriate fit. The Growth Policy designates this area as
Suburban Residential, there is the city R-2 zoning district to
the south and the planning staff felt the R-2 district would be
appropriate in this area given the rural character of the
neighborhoods close by.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KA-06-06 and KPP-06-09 as findings of
fact and recommend to the Kalispell City Council that the
initial zoning for this property upon annexation be R-2,
Single Family Residential and further recommend that the
preliminary plat for Riata Ridge subdivision be approved
subject to the 21 conditions listed in the staff report.
BOARD DISCUSSION Schutt was confused on which version of the preliminary plat
they were to consider. Conrad said the preliminary plat
before the board is the one that they received in their
packets. The revised plat distributed tonight more closely fits
to the conditions in the staff report but the parkland
indicated is only 8,500 square feet instead of the Parks
Department's recommendation of 20,000 square feet.
Schutt asked for clarification on the location of the city limits
in this area. Conrad responded.
Gabriel noted the roads go around the 3 sides of this
property and in order to get the 20,000 square foot park even
if they included another lot they still wouldn't have enough
parkland. Conrad said that is correct.
Hull said Howard Drive dead ends and there is no potential
for hooking into Leisure Drive. Conrad said no provision was
made for a future connection to Leisure Drive. Hull said that
there is an unofficial road there and Conrad said when that
lot develops the unofficial road will no longer be used. Hull
noted that Leisure Heights is a city subdivision and not
providing interconnectivity was an oversight.
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Minutes of the meeting of November 14, 2006
Page 4 of 18
Hinchey asked if 9,600 feet is the minimum lot size for R-2
and Conrad said yes the lots are proposed at the minimum
lot size.
APPLICANT/AGENCIES Johna Morrison, Schwarz Engineering & Architecture stated
she is representing the developer. She said there are 2
different layouts and she would like to speak to both. The
second plat was an alternate layout as a response to the
requirements of the Parks & Recreation Department Director.
Morrison said .that prior to submitting this subdivision she
had a lengthy talk with Mike Baker and he was in agreement
with their layout as long as they provided enough
improvements to make up for the parkland dedication.
Morrison said they couldn't find a way to provide the
required parkland no matter how they designed the project.
Morrison said in response to the Parks Department's
recommendation she created the second layout but by the
time the roadways, R/W, cul-de-sac and boulevards were
included they ended up with an 8,500 square foot park
located in the southeast corner of the property. Morrison
continued the reason she prefers the first layout was locating
the park on Willow Glen would make it easier for the public
to access. It would create a very nice vegetative buffer from
Willow Glen to the houses, is easier to maintain along with
the bike path, and would provide a larger park.
Morrison stated she agrees with the staff report. The R-2
zone is the lowest density that is afforded in the city of
Kalispell however she realizes that this is hard for the
neighbors to accept. She added the city is going to grow and
this property will be developed.
Morrison noted if the board decides that they prefer the first
plat Condition #9 would have to be amended. She added in
reference to Condition # 15 and the bike path it has not been
determined whether the path will be constructed on the east
or west side of Willow Glen Drive. She questioned if they
couldn't get an approach from MDT would it be safe to run a
bike path across the road. Also if the bike path is not
located on the east side adjacent to this property they would
be able to dedicate additional parkland.
Morrison said there is a 40 foot easement to the south of the
property which would have provided a loop road and provide
better site distance but MDT would not allow an access at
that location.
BOARD DISCUSSION Norton noted for the record the board received letters from
neighbors and concerned parties, one . with 24 signatures
from neighbors who asked the board members to take a look
at the property and the character of the neighborhood, and
an email with comments from an independent planner, Brian
Wood, who was hired by the neighborhood. There were also
additional letters forwarded in the board packets.
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Minutes of the meeting of November 14, 2006
Page 5 of 18
PUBLIC HEARING Glen Graham - 739 Greenridge Drive, stated he lives across
the street from this proposed preliminary plat. Graham noted
that their planner, Brian Wood was not able to attend the
hearing due to personal reasons and asked the board to table
this proposal until their planner could be present. Graham
said this subdivision is a square peg trying to be put into a
round hole and it doesn't fit.
Graham said their planner submitted a letter listing the
concerns of the neighborhood. In addition, he said, to add to
the confusion yet another version of the plat has been
submitted which the neighborhood and their planner haven't
had a chance to review.
Graham reviewed Wood's comments for the board which
included the improvements to half a road, maintenance of
the roads, street access and design, and stormwater runoff
and groundwater problems in the area.
Graham noted the biggest concern is design and
neighborhood compatibility. They realize that it has been a
horse stable for a very long time and they know that it is
going to be developed. He added that the lots in The Willows
and Leisure Heights are larger than the lots proposed.
Graham urged. the board to take a hard look at this proposal
before they approve it.
Shelly Graham - 739 Greenridge Drive said she agrees with
everything her husband said. She compared the lot size with
the lots in The Willows and Leisure Heights and added Riata
Ridge is proposing the smallest lots in the area. She said
they would look more favorably on this subdivision if the
design were reconfigured to have larger lot sizes that would
be more in character with the existing rural neighborhood.
As far as the parkland she said they would request the full
20,000 square feet of parkland. She added there is very little
parkland in that part of Kalispell.
Roger Anderson - 750 Greenridge Drive stated he agrees with
everything that the Graham's have said especially about the
density of the proposal and if it was more like The Willows
and Leisure Heights that would be more compatible with the
community. Anderson said if they work together with the
developer it will be a nice community to live in. His concern
is the traffic and with an additional 32 cars going out on to
Willow Glen with very little site distance it will be a mess.
Anderson added he agrees with the plan to move the park
because it would be dangerous so close to Willow Glen Road.
Hugh Robertson - 545 Howard Drive stated he shares a lot of
the same concerns as his neighbors. He said his concerns
are with the stormwater and drainage issues. He indicated
the report summarizes 2 options relating to disposing of
stormwater. The least expensive option calls for installing an
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 6 of 18
infiltrator system on -site to allow absorption of the
stormwater with an overflow into a drainage swale along
Howard Drive. Robertson's property is adjacent to the
eastern portion of the development and is reached by a
driveway near the proposed interior road and cul-de-sac
entrance off of Howard Drive. When the horse stables were
up and going there was no asphalt or concrete on the site so
there was never much of a problem. Robertson said he now
wonders how much water will be collected on that cul-de-sac
and interior roadway when it is paved. Even if it was
funneled into a dry well or an overflow swale the water will
migrate towards the Stillwater River. He asked if the
eventual path of that groundwater flow would go through his
and his neighbor's property. Robertson urged the board to
look forward and protect their neighborhood by requiring a
bond to cover any future drainage problems that could be
associated with this subdivision.
Allen Seiler resides at the corner of Treasure Lane and
Willow Glen and stated he is there to talk about the bike
path. He distributed pictures to the board that shows what
happens when you don't build the bike path and you set
aside an easement that will be a bike path in the future. He
noted that along The Willows subdivision there is 1/4 mile of
fences on the bike path R/W and when they do build they
will have to negotiate with those people for over $50,000
worth of fence's and moving them. He added those people
probably bought their property believing that it was part of
their back yard. The rip -rap that was put in at Leisure
Heights was to disperse the stormwater and was supposed to
be absorbed. He noted the rip -rap is also on the bike path.
Seiler said by the Toyota Dealership, another city project,
they negotiated to not put a sidewalk in but set it aside to
collect stormwater. That has kept them from putting in a
sidewalk or using that side of the road for part of a 2 mile
bike path. Seiler said he would encourage them not to use
any kind of ditching, etc. in any type of developments to
collect and disperse stormwater. It leaves out a lot of options
in the future. He firmly believes that water, even down to the
drains on houses, should go into a collection system and be
taken down in this case to Woodland Creek by pipe and get it
out of the neighborhood.
Seiler said the State put in a water collection system for their
new roadway on Woodland hill and stormwater did not
collect properly. The highway department is working on this
problem and added a section is over the Evergreen Sewer
Main and they don't want it to slump off too much.
Seiler said the county awarded a CTEP project which is 2
miles of bike path from Four Corners to the Montessori
School on Willow Glen. His thinking is that if the developer
can be made to put the bike path in, have him put it in and
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 7 of 18
then there will be no question about what that real estate is
for. They have some cash -in -lieu money set aside in these
other developments partly for bike paths but they have not
reached an agreement with the city on the amount for the
path. Since it has been a year and 3 months since the CTEP
was awarded he would prefer to see the path built rather
than see in lieu of money paid out.
Sam Scull, 778 Greenridge Drive stated his concern is the
density of this new subdivision. They all have large lots and
nice homes and putting a bunch of houses on little lots on
that corner is putting a square peg in a round hole. The
Montana lifestyle is to have some space and Willow Glen is
busier and busier every day. Turning left onto Greenridge is
dangerous. Willow Glen will continue to get busier and to
have 32 more cars on that road is not a good idea. He knows
there will be a subdivision going in but 16 homes is just too
many.
Bob Lopp - 52 Westview Drive stated he is there to represent
Flathead Audubon. Lopp said if you go to the end of
Greenridge Drive and Howard there is an access to the Owen
Sauerwein Nature Area. Because of its proximity to this
development they want to lay out the purpose of the nature
area. It was not developed as a recreational area, recreation
is not prohibited it's restricted. Vehicles are not allowed and
they try to eliminate bicycles as well as much as they can. It
is a riparian area heavily watered in the spring and much
through the summer with channels all over it to provide
habitat for wildlife and birds. The problem he has with this
subdivision is there will be additional subdivisions coming
into the area creating a continuous strip along Willow Glen.
To restrict the park area to a little over 8,000 square feet
instead of the 20,000 square feet will cause the children to
find other places to recreate and having this natural area
nearby will be a draw for them. They would also support
moving the location from Willow Glen. Lopp asked the board
to consider the impact of these developments on a natural
area because they don't want to lock the gate.
Lorinda Baker, 801 Greenridge Drive stated she agrees with
everything that her neighbors have said and added the
density is the problem. They are not against the development
they just think the lots should be larger so that they fit in
with their rural community and neighborhood. Another
concern is the width of the cul-de-sac at 28 feet will only
allow one side parking which could be a problem in the
future.
Donald Howard - 571 Howard Drive stated his concerns are
that the water drainage is not adequate and not enough
study has been put into it. He described the soils and the
water problems that he has experienced since putting in a
new basement. Howard said at one time they had spring
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 8 of 18
runoff and the water came down and pooled along the edge
of the bank. He added he doesn't think either of the options
for stormwater runoff and drainage will work. Howard said
that he agrees with everything else that has been said.
Dorothy Merola - 801 Greenridge Drive stated she agrees
with everyone here. She pointed out that the letter that the
board received had 29 signatures on it which represented the
entire neighborhood, 100% signed it. Merola asked the
board to table the proposal and give the neighborhood a
chance for their planner to represent them.
Brent Mitchell - 298 Red Fox Run stated he is the manager
of the Owen Sauerwein Natural Area for Flathead Audubon.
Mitchell said DNRC does not want stormwater dumped on
their state land. He indicated a small culvert on the map that
drops into the Owen Sauerwein area. The Owen Sauerwein
area is not a park it is a natural area. He noted that the
Birch and Cottonwood trees are coming down in the natural
area, especially in windy conditions which will create a
hazard for anyone entering the area. Kids will probably
wander down there and not pay attention to the signs.
Mitchell reviewed his concerns with the additional traffic and
he thought the fire trucks will have problems turning on the
cul-de-sac because it isn't wide enough. Mitchell suggested
that the proposal be tabled so that the consultant for the
neighborhood can represent them.
MOTION - ANNEXATION
Albert moved and Hinchey seconded a motion to adopt staff
report KA-06-06 as findings of fact and recommend to the
Kalispell City Council that the initial zoning for this property
upon annexation by R-2, Single Family Residential.
BOARD DISCUSSION
Balcom noted that she doesn't have any problem with the
annexation and has no questions.
Hinchey said that R-2 zoning is very appropriate in this area.
Schutt said that R-2 is appropriate but just because they can
have 9,600 square foot lots doesn't mean that size lot
dictates the layout of the subdivision.
Albert doesn't have any problem with the R-2 zoning.
Norton agrees with Schutt regarding the lot size proposed.
Norton said that they heard from the neighbors, he agrees
that development will occur in this area and R-2 is the least
impact that they could expect for this area. Norton does not
have a problem with the annexation of R-2 into the city.
Norton stated for the record that board member Gabriel had
to leave the meeting but noted to him that she doesn't have a
problem with the R-2 zoning designation.
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 9 of 18
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION - RIATA RIDGE
Schutt moved and Norton seconded a motion to adopt staff
PRELIMINARY PLAT
report KPP-06-09 as findings of fact and recommend to the
Kalispell City Council that the preliminary plat for Riata
Ridge subdivision be approved subject to the 21 conditions
listed in the staff report.
BOARD DISCUSSION
Balcom said she went out to the site to look around and it is
a hard call to .make. She is impressed with the neighbors'
unanimous opposition to the density of this proposal.
Balcom said it seems to her to be too many lots on that
property. There has to be a give and take and she
appreciates that the neighborhood is not trying to shut the
whole project down but they want the developer to work with
them.
Hinchey said he also went out to the site and he came down
Woodland and made the jog on Willow Glen and realized he
was taking his life into his hands as he was turning left into
the subdivision in the wrong lane. Hinchey said traffic is a
problem and he would like to see a traffic plan for that
intersection, the cul-de-sac road width should be increased
to 32 feet, a stormwater drainage plan should be requested,
and he is adamant that they should be required to provide a
20,000 square foot park. If that is the size of parkland that
the city is asking for that is what should be provided.
Hinchey suggested that the plat needs to be redesigned with
those amendments.
Schutt said that he echoes Hinchey's concerns with the need
for a stormwater drainage plan. Schutt said that he drives
through the Willow Glen/ Woodland Avenue intersection
every day and added the intersection of Greenridge on to
Willow Glen is a safety concern. Schutt said that he would
like to look at ways to connect Howard Drive to Willow Glen.
He is in full support of the 20,000 square feet of parkland
and he would like it moved off of Willow Glen and back to the
southeast corner. Schutt said in looking at the layout he
thinks that they can provide a better layout with increased
lot sizes and decreased density. Schutt also agrees that a full
width road is certainly appropriate in subdivisions.
Albert agrees with Hinchey and Schutt on the stormwater
issues. He doesn't like the improvements to half of a road it
should be the whole road. Albert also agrees that the park
should be 20,000 square feet. Traffic is going to be a problem
and that will have to be dealt with through MDT. Albert feels
the number of lots should be reduced.
Hull said that, they have had this density issue before and
the lots are somewhat larger than what they typically see in
town, but he does see the neighbors concern. Hull said the
layout is not what he would like to see and the fact that they
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 10 of 18
cannot access the subdivision south of the property makes it
difficult. Hull agrees that there should be a 20,000 square
foot park and the stormwater should be dealt with off -site.
Norton said the board didn't touch on the future connectivity
with the subdivision to the south. Norton added they made a
mistake in not ensuring that Leisure Heights and Howard
Drive were connected which would alleviate some of the
traffic problems. Norton added that it was also Schwarz
Engineering who platted Leisure Heights and there have been
stormwater problems in that subdivision. Norton agrees that
a stormwater plan needs to be in place. Norton said that
there is a 30 foot roadway easement north of Leisure Heights
but does not believes that MDT would grant access there.
Hull suggested that the project be tabled and further Norton
added a recommendation that the Riata Ridge consultants
meet with the planner, Brian Wood, who was hired by the
neighborhood.
Hinchey felt that tabling the preliminary plat was the
reasonable option rather than rejecting the proposal entirely.
Schutt asked about the empty lot in Leisure Heights that
would allow the roads to connect. Jentz said that was a
significant issue when Leisure Heights was reviewed because
the neighborhood did not want the added traffic coming
through their subdivision.
Schutt suggested that the board should start thinking
outside the box when faced with a situation like Greenridge
to Willow Glen perhaps Greenridge Drive could be
abandoned and a new road along the south side of this
subdivision be constructed that would connect with Howard
Drive which would increase the sight distance. Greenridge
could then be a dead end cul-de-sac to access all of the lots.
Schutt added he doesn't want to design someone's project
but when they box themselves in they have to start to think
creatively on how to solve these issues.
Norton restated the board's concerns for the development
appears to be density, lot size, and the need for a traffic plan
to provide interconnectivity to future. subdivisions to the
south. The developer should also be required to improve the
entire width of Howard and Greenridge Drive not one-half of
those roads. Norton added the internal roadway width
should be increased to 32 feet, a stormwater plan needs to
be submitted, and the 20,000 square foot park should be
required. The developer should submit a redesigned layout
with larger lots, and another way to funnel traffic out of the
neighborhood.
Jentz said in determining whether another public hearing
should be held if the project is tabled the board is asking the
Kalispell City Planning Board
Minutes of the meeting of November 14, 2006
Page 11 of 18
applicant to complete a redesign, meet with the
neighborhood and resubmit the application. Norton said he
feels another public hearing would be appropriate because
they would have a whole new subdivision plat for the board
to review. Jentz suggested that the board table the proposal
not to exceed 90 days.
MOTION TO TABLE
Hull moved and Albert seconded a motion to table the
preliminary plat of Riata Ridge not to exceed 90 days to
address the board's concerns and revise the plat.
ROLL CALL
The motion passed unanimously on a roll call vote.
ROLL CALL - ORIGINAL
The original motion failed due to the motion to table being
MOTION - RIATA RIDGE
approved unanimously.
PRELIMINARY PLAT
SILVERBROOK ESTATES -
A request by 93 & Church, LLC for annexation and initial
ANNEXATION, PLANNED
zoning on approximately 325 acres located 2.2 miles north of
UNIT DEVELOPOMENT,
West Reserve Drive along Highway 93 North. The owners are
AND PHASE I OF THE
requesting the R-2 (Single Family Residential), R-4 (Two
PRELIMINARY PLAT
Family Residential), and B-1 (Neighborhood Buffer District)
zoning designations on the property. The owners are also
requesting a Planned Unit Development (PUD) Overlay to
allow 466 single family residences, 120 townhomes and 12
neighborhood commercial building lots with a 2 1/2 acre site
set aside for a future fire station. Along with the PUD
application is a request for preliminary plat approval to
create Silverbrook Subdivision, Phase 1 with 249 residential
lots varying in size from 1/4 to 1/2 acre in size.
STAFF REPORTS -
Sean Conrad, representing the Kalispell Planning
KA-06-13, KPUD-06-06
Department reviewed staff reports KA-06-13, KPUD-06-06 8�
& KPP-06-13
KPP-06-13 for the board.
Conrad oriented the board as to the location of this property
noting that it lies a little over 2 miles from the city limits. The
property is surrounded by County zoning districts which he
reviewed. The PUD will cover the entire 325 acre site and the
majority of land use in Phase 1 will be 249 single family
residential lots averaging 1/4 to 1/2 acre in size including a 2-
1/2 acre future fire station lot. Phase 2 will include
townhouse units and neighborhood commercial lots in the
northeast portion of the development. The proposed zoning
districts are R-2, single family residential with 9,600 square
foot minimum lot size, R-4, two family residential for the
townhouse units with 6,000 square foot minimum lot size
and B-1, neighborhood commercial district.
Conrad said a main roadway will be built from Church Drive
heading south and connecting with Highway 93 at the
intersection of Tronstad Road. He reviewed the street profiles
for the board. Conrad noted that the roadway that will serve
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Minutes of the meeting of November 14, 2006
Page 12 of 18
the commercial lots has been proposed with sidewalks only
on the outside portion of the roadway and not on the interior
landscaped island.
Conrad noted that in the PUD request the developers are
asking for 9 deviations from the zoning and subdivision
regulations, some of which he reviewed for the board. Conrad
noted a majority of the deviations are site -specific and design
features in Phase 2 with the neighborhood commercial.
Conrad said staff is recommending as a condition that a 50
foot setback from the top of the bank along the drainage to
the rear property boundary be required as well as an
additional 30 foot building setback for all structures on lots
adjacent to the Stillwater River hillside and its tributaries.
Staff is recommending the 50 foot setback in order to ensure
water quality as well slope stability along Stillwater River.
The 30 foot setback was proposed by the developer and staff
is recommending that it be a required setback for the homes
and all accessory buildings.
Staff is recommending that the Kalispell City Planning Board
adopt staff reports KA-06-13, KPUD-06 & KPP-06-13 as
findings of fact and recommend to the City Council that the
initial zoning of the 325.1 acre site be R-2, R-4 and B-1 and
further that the planned unit development and preliminary
plat for Silverbrook Estates be approved subject to the 38
conditions listed in the staff report.
BOARD DISCUSSION I None.
APPLICANT/AGENCIES Wayne Freeman, CTA stated he is representing 93 & Church
LLC and Ron & Brenda Profitt. He noted they envision a
quality development on this site. He reviewed the project
materials, the agency outreach program, location,
surrounding and requested zoning, surrounding land uses
and the project in detail.
Freeman noted that all of the roads meet or exceed city
standards and the developer is working with MDT to expand
the Highway 93 acceleration lane to the south from Tronstad
Road. In addition the developer will work with MDT to
expand and develop Church Drive, MDT will be responsible
for 750 feet and the developer will continue the
improvements on Church Drive well past the edge of this
property.
Freeman stated the developer is paying for the extension of
water and sewer all the way out from the city limits to the
edge of this property. Additional development in the area
may hook up to this extension of services which would partly
reimburse the developer but he is willing to take the risk.
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There are 10.27 acres of parkland, which exceeds the
minimum required by the city and does not include the
buffer zone and the natural park area within the 100 year
floodplain so a substantial amount of this project is to be left
in open space.
Freeman said during the summer they hired a firm to look at
this project at an economic standpoint and he reviewed those
findings.
Freeman touched on recent comments that were provided to
them at this meeting from Citizens for a Better Flathead
relating to affordable housing and he said that they are
providing townhomes and have designed this project as a
mixed income development. While they will not be placing
homes here that would be selling for $60,000 to $100,000
per unit they have addressed a variety of different
approaches. Relating to transportation again they are paying
for the existing facilities along Church Drive and then adding
the acceleration lane.
Freeman continued that the open space areas are open to
the public but maintained by the homeowners association.
There is a large amount of parking available not only in the
commercial area but also within many of the other park
areas. This is not an exclusive club they are looking to
engage the community and they believe they have done so.
QUESTIONS BY THE Schutt asked the difference between single family and single
BOARD family estates and if that means a gated community.
Freeman said the difference is larger lot sizes and added
there is no gated community proposed. Schutt commended
the developers and consultants on a very nice project.
Hinchey asked about public access to the river/park areas
and where would the public park. Freeman said at this time
they haven't determined what the Parks Department wants
to see within the park areas. He said parking is available
within several of the areas of the development but there will
be substantial parking available in the commercial area
where the public can easily access the trail system. Hinchey
asked for the breakdown in acreage for the commercial area.
Freeman didn't have the exact figures but said what they
wanted to do was to have a neighborhood commercial area
that is intended primarily for use by the residents of this
development and the adjacent area and to help limit traffic
on Highway 93. Jentz interjected approximately 3 acres of
retail square footage and associated parking is noted in the
application materials.
Schutt asked for the approximate distance from the rebuilt
portion of Church Drive to the commercial entrance.
Freeman said 500 feet. Schutt asked for the configuration of
Tronstad Road intersection with Highway 93. Freeman said
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Minutes of the meeting of November 14, 2006
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that it will be a right in/right out only.
Norton noted for the record that the board received letters
from Pete Wessel and Citizens for a Better Flathead which
both discussed concerns with the project. Norton added that
a work session was held on this project 2 weeks ago, which
was also open to the public.
PUBLIC HEARING
Hank Galpin, 1885 Stillwater Road stated that he and his
wife own the farm on the west side of Stillwater River. They
are delighted to see the effort that CTA and Howard Mann
have put into this project. They are looking forward to being
a neighbor. Galpin added their house will overlook this
project and they particularly like the fact that the developers
have established a mandatory setback from the top of the
ridge that overlooks the Stillwater River. What he likes is that
they have not only established a setback but have added
additional setbacks. Galpin noted in 30-40 years Clark Drive
is going to connect to Tronstad and will cross his farm and
the property south of this development and intersect with
Silverbrook prior to where it crosses and joins Tronstad.
Although CTA and Mr. Mann do not necessarily have to
address that connection the city should keep that in mind
because east -west roads in this county are few and far
between.
Lacey Galpin, 1885 Stillwater Road said that she agrees with
everything her husband Hank said. It looks like a beautiful
plan and she is especially delighted to see the boulevards.
She was born and raised here and she has always admired
the boulevards on the east and west side of town and
wondered why more subdivisions didn't include them. Galpin
added she thinks it is a great project.
MOTION - ANNEXATION
Schutt moved and Balcom seconded a motion to adopt staff
report KA-06-13 as findings of fact and recommend to the
Kalispell City Council that the initial zoning of the 325.1 acre
site be R-2 (Single Family Residential), R-4 (Two -Family
Residential) and B-1 (Neighborhood Buffer District with a
PUD overlay.
BOARD DISCUSSION
Hull appealed to the board that he believes no matter how
good this project is it is way too far outside of the city limits.
He doesn't think that they should be building a string -bean
city that will stretch from Old School Station to this project.
The board approved Old School Station under the
assumption that it would bring jobs and they haven't seen
anything out there besides Fun Beverage. This proposal will
do nothing more than add houses.
Hull expressed his concerns that the police and fire
departments will have problems serving this project so far
outside the city limits. There are going to be other large
projects coming in that are adjacent to the city limits and
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Minutes of the meeting of November 14, 2006
Page 15 of 18
this project will be competing for services and lot sales with
those other projects. Hull disagreed with some of the findings
in the economic study which he reviewed. Hull said other
cities do not annex outside their city unless there is some
kind of serious problem like septic pollution.
Hull noted the reason that they are reviewing this project is
that the county could come in tomorrow and approve it.
However, the county's growth plan is at a stalemate and they
would not get a quick zone change. Hull also recounted the
discussions that took place that kept changing the northern
boundary of the Growth Policy area which finally was moved
to Church Drive and now they are looking at a project right
at this northern boundary.
Norton noted that only 3 board members, Norton, Schutt and
Hull, attended the work session and he was glad to see better
attendance at this meeting. At the work session Hull stated
the same concerns and Norton understands Hull's concerns.
The board has learned through past experience that the only
way to gain a quality subdivision is to have a large acre
parcel of land and in this case the developer is absorbing the
cost of extending sewer and water to this site. They have
come to the board with every question answered and beyond.
Norton said he has a concern with the distance from the city
for police and fire protection and he believes the city should
end at Church Drive and concentrate on infill from this
project back to the rest of the city.
ROLL CALL I The motion passed on a roll call vote of 5 in favor and 1
opposed.
MOTION - PLANNED UNIT Hinchey moved and Balcom seconded a motion to adopt staff
DEVELOPMENT- report KPUD-06-06 as findings of fact and recommend to the
SILVERBROOK ESTATES Kalispell City Council that the planned unit development for
Silverbrook Estates be approved subject to the 38 conditions
listed in the staff report.
BOARD DISCUSSION Schutt said he is very pleased with the plan. He understands
Hull's concerns but if they are going to get quality growth it
happens better under the wing of the city of Kalispell.
Schutt said the board has considered several growth policy
amendments and another is coming up to the west. He
wonders whether or not it will end here or will they soon be
talking about Whitefish South. He is hopeful that this vision
for the future of the city will be respected by this board and
the city council when other developments are proposed in
this area. Schutt added this seems to be a quality
subdivision with great amenities. He noted this type of
development is what the board has been asking for and he
will be recommending approval.
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Minutes of the meeting of November 14, 2006
Page 16 of 18
ROLL CALL
The motion passed on a roll call vote of 5 in favor and 1
opposed.
MOTION - PRELIMINARY
Hinchey moved and Balcom seconded a motion to adopt staff
PLAT - SILVERBROOK
report KPP-06-13 as findings of fact and recommend to the
ESTATES, PHASE 1
Kalispell City Council that the preliminary plat for
Silverbrook Estates, Phase 1 be approved subject to the 38
conditions listed in the staff report.
BOARD DISCUSSION
Schutt asked where the approval of the PUD that was just
voted on ends and the preliminary plat approval begins.
Jentz said the board has recommended zoning to the
property with . the planned unit development overlay. The
PUD will set general parameters for development across the
entire project. Most of them will only apply to Phase 2 with
the neighborhood commercial but the residential portion of
the PUD addresses fence heights, lot coverage, and setbacks.
Norton stated this project has everything that the board has
asked for.
Hinchey noted it was his understanding that the city had set
aside a green space along Highway 93 of 150 feet and this
project is less than that. Conrad noted the minimum was set
at 100-150 feet and this project meets the minimum
requirement.
ROLL CALL
The motion passed on a roll call vote of 5 in favor and 1
opposed.
OLD BUSINESS:
Conrad said the review of the construction & design
standards of the Subdivision Regulations should begin the
beginning of next year, after another planner is hired and on
board.
Hull noted that the new subdivision requirements regarding
letters received will be hard to enforce. He added the board
received a lot of emails/letters regarding projects on this
agenda and wondered how they would know whether or not
staff or council received copies. Conrad said the ones staff
received were included in the board's packets or handed out
before the meeting.
Schutt asked why the board received amendments to the
Riata Ridge preliminary plat at the last minute. Jentz said
this project had several problems and numerous changes
were discussed. The new plat was an attempt for the
developer/ consultant to meet the conditions imposed, but
the new plat failed to address all of the conditions. Norton
suggested that the consultants be asked to distribute
changes during the meeting and describe the reason for the
amendments.
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Minutes of the meeting of November 14, 2006
Page 17 of 18
NEW BUSINESS I Discuss starting time for work sessions.
The board agreed to hold work sessions separate from the
regular meeting, therefore meeting twice a month, and
starting the work sessions at 7:00 p.m. Norton suggested
that work sessions be limited to 2 hours.
Jentz reviewed the items on the next work session agenda
and updated the board on projects coming before them in the
future.
Hull stressed the importance of having all of the board
members attend the meetings and work sessions.
ADJOURNMENT The meeting was adjourned at approximately 10:05
p.m.
✓J ,
Timothy Norton
President
A work session will be held on Tuesday, November 28, 2006,
at the Building Department's conference room located at 411
lat Avenue West, (the old Salvation Army Building at the
corner of lst Avenue West and 4th Street West) in Kalispell,
beginning at 7:00 p.m.
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission will be held on Tuesday,
December 12, 2006 beginning at 7:00 p.m.
Michelle Anderson
Recording Secretary
APPROVED as submitted/corrected: G z / IcrZ /06
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