08-08-06KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 8, 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 and Bob Albert. John
Hinchey had an excused absence. Sean Conrad and Tom
Jentz represented the Kalispell Planning Department. There
were approximately 30 people in the audience.
APPROVAL OF MINUTES
Schutt moved and Balcom seconded a motion to approve the
minutes of the July 11, 2006 -regular planning board
meeting.
The motion passed unanimously on a'roll call vote.
HEAR THE PUBLIC
No one wished to speak.
WESTVIEW BUSINESS
A request from Medical Arts Pharmacy of Kalispell, LTD, to
CENTER #2 -
re -subdivide two existing lots within Westview Business
PRELIMINARY PLAT
Center into three lots. The proposed lots would range in size
from 21,900 square feet to 31,800 square feet. The two
existing lots are zoned B-2, General Business, and. are
located on the north side of Westview Park Place.
STAFF REPORT KPP-06-07
Sean Conrad, representing the Kalispell Planning
Department presented Staff Report KPP-06-07 for the Board.
Conrad stated that in July 2004 the City Council approved
the Westview Business Center, a 5 lot commercial
subdivision zoned B-2. The owners of lots 2 & 3 are now
requesting to further subdivide those lots taking 2
commercial lots and making them 3 commercial lots. Access
is off of Westview Park Place which is a city maintained
street, built to city standards off of Meridian Road.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KPP-06-07 as findings of fact and
recommend to the Kalispell City Council that the preliminary
plat of Westview Business Center, #2 be approved subject to
the 9 conditions listed in the staff report.
QUESTIONS BY THE
Norton asked for the purpose of the one foot no access strip
BOARD
noted in Condition #5. Conrad said the Public Works
Department wanted to limit the access onto Meridian Road
and transfer the access for all of the lots onto Westview Park
Place.
APPLICANT/AGENCIES
Christine Rommereim - TD & H, stated they have no issues
with any of the conditions but requested a clarification of
Condition #6 which is the dead and dying trees in the
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 1 of 24
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boulevard shall be replaced and the boulevard shall be
reseeded. They have talked with the Parks Department and
who stated they have the option if they chose to have the
Parks Department plant the trees and reseed the boulevard
after the development is complete. Rommereim provided the
board with a memo from the Parks Department explaining
the program. She requested that they have the option to
either use this program or do the reseeding and planting
themselves. All of the utilities and paving has been
completed and there are no other issues.
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 KPP-06-07 as findings of fact and recommend to the
Kalispell City Council that the preliminary plat of Westview
Business Center, #2 be approved subject to the 9 conditions
listed in the staff report.
BOARD DISCUSSION
Hull asked if the developer would be required to bond for the
reseeding and replanting work. Conrad said the developers
would have the option to either plant the boulevard or pay
the Parks Department to do the work prior to submittal of
the final plat.
Norton noted that Condition #6 does not provide a
timeframe. Conrad said that Condition #6 would have to be
met before submittal of the final plat. Balcom thought it
should be stated that way in the condition.
MOTION
Balcom moved and Albert seconded a motion that Condition
#6 be amended to read, "Prior to final plat the dead and
dying trees in the boulevard fronting the lots shall be
replaced and the boulevard shall be seeded in accordance
with the design standards and policies of the Kalispell Parks
and Recreation Department."
ROLL CALL
The motion passed unanimously on a roll call vote.
ROLL CALL - ORIGINAL
The motion, as amended, passed unanimously on a roll call
MOTION
vote.
AUTUMN CREEK -
A request from Lee and Linda Hershberger for annexation,
ANNEXATION,
initial zoning, preliminary plat and conditional use permit
PRELIMINARY PLAT &
approval of Autumn Creek on an 8.69 acre property. The
CONDITIONAL USE PERMIT
owners are requesting annexation into the City of Kalispell
with the R-2 (Single Family Residential) zoning district. The
owners are also requesting preliminary plat approval to
create 20 lots (16 single family lots and 4 townhouse lots)
ranging in size from 5,660 square feet to 13,900 square feet
and a conditional use permit to allow the 4 townhouse lots
within the requested R-2 zoning district.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 2 of 24
STAFF REPORTS - KA-06- Sean Conrad, representing the Kalispell Planning
07, KPP-06-10 & KCU-06- Department presented Staff Reports KA-06-07, KPP-06-10 &
07 KCU-06-07 for the Board.
Conrad stated that the applicants are requesting annexation
and initial zoning of R-2, a Suburban Residential Zoning
District. That zoning district is single family residential with
a minimum lot size of 9,600 square feet. The Kalispell
Growth Policy 2020 designates this property as well as
surrounding properties to the north and south as Urban
Residential.
Conrad noted the subdivision has been heard by the
planning board twice before. A public hearing was held in
September 2005 and at that time the concerns were density,
that the subdivision was out of character with the area, and
safety and access at the intersection of Hathaway Lane and
US Highway 2 West. The planning board recommended
approval which failed on a vote of 2-2. Autumn Creek then
went to city council in October of 2005 and city council
denied the subdivision based on serious and unmitigated
safety hazards on US Highway 2 West. In light of the
approach on Highway 2 a secondary approach was needed to
offer future residents a safe way out of the subdivision, and
the internal road system contained a cul-de-sac which
exceeded the city's 600 foot maximum length standard.
Conrad said that since that time the owners have come back
with a 20 lot subdivision, which would include 16 single
family residences and 4 townhouse lots. They have also done
a detailed floodplain study along the western side of the
property.
Conrad reviewed the impacts of the bypass which is near the
property in relation to noise and decibel levels. He noted that
mitigation is required for the decibel levels of lots 5 & 6,
which are adjacent to the bypass. This includes placing the
garages towards the rear of the property to allow a buffer
between the bypass and the residence, and to notify the
future property owners that they need to utilize sound
mitigating construction standards.
Conrad noted that the Public Works Department is
recommending that Hathaway Lane be improved to city
standards from the center line of the roadway over to the
subdivision. In addition, the Flathead County Road
Superintendent has also requested that Hathaway Lane be
widened to a 24 foot wide driving surface with shoulders at
the intersection with US Highway 2 West.
Conrad stated that the MDT was contacted and provided a
letter that states due to the relatively small number of lots in
the subdivision and the low daily trips that the subdivision
would create, they don't feel that any mitigation is necessary
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 3 of 24
at the intersection of Hathaway Lane and US Highway 2
West.
C-)
Regarding the conditional use permit request for the 4
townhouse lots within the subdivision Conrad noted that the
townhouse lots were originally located on the eastern side of
the subdivision adjacent to the bypass and the developer has
since moved them to the interior of the subdivision to reduce
the amount of density along the bypass and to move them
closer to the park area. Conrad added that staff is
recommending that the townhouse units incorporate some
design features so that they are not garage door orientated.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KA-06-07 as findings of fact and
recommend to the Kalispell City Council that the initial
zoning for this property upon annexation be R-2 as
proposed.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KPP-06-10 as findings of fact and
recommend to the Kalispell City Council that the preliminary
plat of Autumn Creek Subdivision be approved subject to the
22 conditions in the staff report, including approval of the
variance request.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KCU-06-07 as findings of fact and
recommend to the Kalispell City Council that the conditional
use permit be approved subject to the 3 conditions listed in
the staff report.
BOARD DISCUSSION Hull asked about the variance for the cul-de-sac length.
Conrad said that they are requesting a variance from the cul-
de-sac length limit of 600 feet. The proposed length is 680
feet and both the Public Works Department and the Fire
Department did not have any problem with the additional
length.
APPLICANTS/AGENCIES Mike Fraser, TD & H stated the subdivision started with a
density of 27 lots, they recently submitted an application of
21 units and after further consultation with staff the
proposals is now at 20 units. There is concern about the
garage door perspective so they oriented 2 lots on each street
differently to provide a better feel and perspective.
Fraser noted the concern over traffic and the variance. He
noted the definition of street length is somewhat vague as to
where you measure it from which he explained for the board.
The Fire Department and Public Works supported the
increased length of the cul-de-sac.
Fraser reviewed the land use surrounding this proposal and
added he felt that the subdivision as revised fits more with
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
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the character of the area. It is anticipated in the Growth
Policy that this area will eventually come into the city and
the extension of water 8v sewer into this subdivision will
make the utilities available for other properties currently on
septic systems and individual wells.
Fraser noted that the staff report recommends improving 304
feet of Hathaway Lane to city standards and they will work
with the Public Works staff on the floodplain and wetlands
issues during the design process. The county is asking that
150 feet of Hathaway Lane be increased in width to 24 feet
with shoulders and 3/ 1 back slopes which would be a
significant improvement to this portion of the road. Any other
road improvements would be funded through SID's and other
developments as they occur so the entire road would
eventually be improved to city standards.
Hull asked if the developer is agreeing to widen the road all
the way out to Highway 2 West. Fraser said that they are
agreeing to widen the 304 feet of road along the subdivision,
as recommended by Public Works and agreeing to widen
Hathaway Lane 150 feet to the intersection of Highway 2
West, as recommended by the County, and he added there
will be a section in between which will not be improved.
Balcom said the park is not large enough to be a city park
and who would maintain it. Fraser noted that the staff report
recommends the creation of a homeowner's association to
maintain the walking path and the park. All of the owners
will be members of the association and will pay a small
annual assessment.
Conrad noted for the record the letter from Ronald and
Brenda Profitt and their concerns were the impacts that 20
residences would have on vehicular traffic at the intersection
of US Highway 2 West and Hathaway Lane.
PUBLIC HEARING Mark Noland, 4 8v 8 Hathaway Lane stated that he sees the
work that has gone into this property and he thinks that the
Hershberger's have gone overboard in trying to make it work.
Noland said that he has a plan for his property because of
the potential in having the water and sewer coming to his
home and if they don't take advantage of getting the sewer
and water under the bypass now it will cost a lot more later.
He has paid thousands of dollars to have his septic rebuilt
over the course of 18 years and he talked to some of his
neighbors who have said the same thing and noted that
some don't have the room for a pumped raised septic system.
Noland thought the park aspect was nice to offer and the
Hershberger's have met most of the neighbors concerns. He
said that he is in favor of the subdivision.
Norton stated for the record that letters in support of
Autumn Creek were included in the staff report from Mark 8s
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 5 of 24
Kathy Noland, Edwin & Debra Mueli and Steven Fewlass.
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Lee Hershberger, owner of this property stated that they have
tried to reach out to the community and address the issues
as they were presented the last time that they went through
this process. He realizes the # 1 issue is traffic on the road
and they have agreed to the completion of the requested
improvements. No second egress is being proposed because
there is no available space. As other properties are developed
in the area a second egress will eventually be available.
Hershberger noted having sewer available will make a
difference for the wetlands and all of the homes out there in
the course of time. They hope they are meeting the standards
of the City of Kalispell and fit in with the Growth Policy for
the area.
Larry Parsons said he was on the fence. He owns 15 acres on
Hathaway Lane and some adjoining property with this
proposal. He has opposed the project in the past strictly on
the traffic and safety issues. Parsons said that the
Hershberger's have a beautiful plan but his concern is that
without a traffic light at the bottom of Hartt Hill, it is another
Stillwater and Reserve waiting to happen and he doesn't
want to see that happen at any expense. Parsons continued
he is positively affected by this development because he has
had property for sale there for 2 years and he can't get
anyone to look at it because of the proposed bypass. He sees
the decibel level from the bypass as being a big problem too.
He also owns the 6 acres down the road from this proposal
and he would like to maximize his value out of that property
in one way or the other. What is needed is to go through to
Two Mile Drive for a second access but he understands that
the Hershberger's probably don't have the money to acquire
property to punch it through.
Parson continued that he emailed the city council members
saying that he would like to build a state-of-the-art
equipment dealership on those 6 acres, employee 20 - 50
families, create a showcase commercial development, and
increase the city's tax base. He received one response and
basically the council member said it came down to there
being no way the city and county would come together to
provide the road to do this. Parsons noted he is not going to
go through a Bucky Wolford effort to try and do it; he would
rather sell and move. Parsons said that he is for the new
plan but what was not addressed was the end of Hathaway
Lane there is no cul-de-sac and people use his field to turn
around in. There will be a lot of people who will pass this
subdivision and hit that dead end and he would like to see
something done about them using his property. He asked
that more consideration be given to Lyle Bartlett with all the
traffic going up and down next to his house and yard now.
Also on lots 1 - 4 he didn't see any provision for sound
reduction or abatement where they are within a couple 100
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 6 of 24
C)
U
feet of the bypass. Parsons said that he appreciates what the
Hershberger's have done and he prays that he gets his job
done but hopes no one gets killed to get it done.
Lyle Bartlett - 33 Hathaway Lane stated that his property
adjoins this property on 2 sides. Regarding the cud -de -sac
he met Mr. Crowley from Public Works and the book states
maximum length 600 feet. It is not ambiguous, it is 600 feet.
It even goes so far as to state this is to be measured from the
center line of the intersection of the center point of the cul-
de-sac. Measuring this cul-de-sac it comes out to 680 plus
and in his mind that is not a minor variation. You pay these
people good money to come up with good guidelines to guide
you on in your decisions on programs and if they are going to
be totally ignored it seems facetious. The second point and
more critical is the cul-de-sac comes onto Hathaway Lane.
Hathaway Lane is defined as a lane for a good reason, it is
not a street or a road, and it goes nowhere and is a cul-de-
sac. You can't put a city cul-de-sac onto another cul-de-sac,
which is what this is doing. There is no outlet from the road
except out onto Highway 2 West.
Carol Collins, 19 Hathaway Lane stated that she heard it
said that the first concern was density and from all the
meetings that she attended the concern was never density or
the character of the area, it was mentioned briefly but the
main concern was the access onto the highway. That is her
concern. Collins noted the proposed 20 families in this
subdivision are too many for that intersection. It is a 45 mph
zone with cars and trucks coming downhill, traffic going out
of town from the other direction it is very fast, faster than 45
mph. With the increased traffic from this subdivision and the
possible development of another 40 acres there would be too
many families adding to the traffic on the road. Collins
thinks that the road issue should be addressed now before
this is approved because it is really dangerous.
Collins continued that as fax as comparing them to
Greenbriar, Greenbriar feeds out onto a 25 mph Two Mile
Drive which is nowhere near as much traffic as Highway 2
West. Collins noted a county subdivision that was approved
halfway up Hartt Hill that will feed out on to the highway.
The people coming out of that subdivision can't see the cars
coming down Hartt Hill until those cars peek over that hill so
if they are half way out on the road they will have to really
gun it to make it down in time for the logging truck that will
be coming down behind them. Collins added the MDT people
made a mistake on that one and could make a mistake on
this one. Collins said that they need another way out of there
now rather than later after someone gets killed. Collins said
there are only 10 houses on that road now and she has
waited a full 5 minutes to get onto the highway.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 7 of 24
Nancy Rose, 1483 US Highway 2 West stated that they
bought their property there in 1973. It was busy then and it
is busier now. Rose said that her concern is the traffic.
Everything that Ms. Collins said is accurate as far as the
traffic situation goes. Another concern in this plan is the
wetland appears to be drawn into the project map as if it is a
part of that property. A wetland isn't a part of anyone's
property it is an area set aside in perpetuity for the purpose
of wetlands and is to be protected. Rose said that the
proposal will not only have a park and a recreational trail
beside the wetlands but to put a couple of the townhouses
next to the park is a mistake because of health and survival
issues.
REBUTTAL
Fraser reviewed the length of the cul-de-sac and noted they
felt that a longer cul-de-sac was better planning and a better
use of the land than the other options. Regarding the
wetlands they will be a perpetual open space and will provide
the animals with the same area as they have now. In
relation to people turning around on Mr. Parsons' property
Fraser suggested that a cul-de-sac would be an option but a
sign could be placed on the road to notify drivers that
Hathaway Lane was a dead end and another sign could serve
to guide the traffic into Autumn Creek.
MOTION - ANNEXATION
Schutt moved and Balcom seconded a motion to adopt staff
report KA-06-07 as findings of fact and recommend to the
Kalispell City Council that the initial zoning for this property
upon annexation be R-2 as proposed.
BOARD DISCUSSION
Schutt asked how many lots were initially proposed. Conrad
said 27. Schutt said that this planning board has discussed
the need for a gridded street system. Given the routing of the
bypass where can Hathaway go, or will it always be a dead
end. Conrad said that there is no easement that he is aware
of but in the future between the dead end of Hathaway Lane
and Two Mile Drive there are 2-3 lots and if they were ever to
come into the city to request initial zoning and a subdivision
a request for additional R/W could be included on their
property to make a future connection between Hathaway and
Two Mile Drive. Schutt said that this reinforces why the
board stresses the goal of a gridded street system.
Balcom said the hot button issue is the traffic and yet the
board would have no influence on those issues it would be
up to MDT. Norton suggested the board could require the
applicant to bring all of Hathaway Lane up to city standards.
Balcom noted that the applicant would not have the ability to
require the installation of a traffic light or that another safety
measure be put in place at the intersection of Hathaway
Lane and US Highway 2. Balcom said that this looks like a
good project but when it comes to traffic it could be a deal
killer. Balcom said she is not sure whether she can support
this project of not.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 8 of 24
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Norton said it is a very difficult situation because they are
creating a subdivision that is on a city street that is accessed
by a county road that accesses onto a state highway which is
controlled by MDT. MDT did a traffic study which stated
that this subdivision will not affect Highway 2 and they
would not recommend any changes. However, there is a
letter from the County Road Superintendent who states that
Hathaway Lane, in order to handle the additional 270 trips
should be improved to urban standards 150 feet from
Highway 2, and staff is recommended 304 feet of Hathaway
Lane be brought up to urban standards and agrees with the
recommendation of the County Road Superintendent.
Schutt said that the condition of Hathaway is one separate
issue and Hathaway intersecting Highway 2 is the larger
issue.
Gabriel asked if there are any existing residences on this
property and Conrad said none. Gabriel asked who does or
does not have to hook up to city services when it is available
to other property owners. Conrad said that when city sewer
is run to a property when adjacent properties are utilizing
septic systems if the system should fail and they are within
300 feet of a sewer line, unless the cost is 3 times to hook up
to the sewer line rather than rebuilding the septic system,
they would have to hook up to the sewer line. Gabriel asked
how far the services will have to run to get to this
development. Conrad said 300 feet from the Greenbriar
subdivision, the cost of which is paid by the developer.
Gabriel said that she likes the layout of the subdivision but
wondered who would want to live in lots 5 & 6 because of the
location of the bypass. She asked how many feet of roadway
between the subdivision and the highway would not be
improved and Conrad said approximately 700 feet which will
be improved in the future through an SID. Gabriel asked if
there was any attempt made by the applicant to contact any
of the property owners between this development and Two
Mile Drive and Conrad said that he didn't know. Gabriel said
that council had a hard time with this proposal the last time
and she knows they will say that the density, safety, and no
second egress are still issues. Gabriel noted that she is
struggling with supporting the project because of those
issues.
Albert said that he has issues with the traffic concerns but
as stated these issues are controlled by MDT. There are 3
governments controlling the road systems, the city, county
and state which will be difficult. Albert noted that he does
have an issue with the variance to the length of the cul-de-
sac. He added if it says 600 feet it should mean 600 feet and
not 680 feet.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 9 of 24
Hull said last time he was in favor of this project and he has
not changed his opinion. He doesn't see any way that MDT
would put in a light at the bottom of Hartt Hill to serve an
additional 20 homes.
Schutt said to him the length of the cul-de-sac is not a huge
variance. Schutt said that they can either forward the project
with a positive recommendation or reject it in its entirety or
try to find some sort of middle ground if they think that 20
lots would generate a lot of traffic maybe 11 would be better.
Balcom asked if the wetlands issue was addressed
adequately for Mrs. Rose. Hull said that the wetland does
belong to the property owners but the Army Corp of
Engineers is very strict as to what can happen in or near an
established wetland area. He added with this particular
creek Dairy Gold was fined over $5 million for polluting it.
Hull said a floodplain is another control where you cannot
build in a floodplain.
Jentz said that it is perfectly normal to have wetlands show
up in the common area. The concern would be if wetlands
showed up in individual lots. It is private property and
continues to be managed as private property and as a
Jentz noted that the 600 foot rule for the cul-de-sac length
was used to discourage the rampant use of cul-de-sacs. The
city would prefer through streets going from point A to point
B but with the bypass that road system can't go through so it
ends with a cul-de-sac ,and then it becomes a question of
what would be the best use of land in this situation. The Fire
Department felt that the longer cul-de-sac was better than
having a deep lot that they would have problems accessing.
Norton didn't agree with having only parts of Hathaway Lane
improved and not the entire road but realized it would be an
undue burden to the developer to improve the whole roadway
into the subdivision especially since he has the expense of
bringing sewer and water in. Norton noted that he thought
the dead end road sign idea from Mr. Fraser was an excellent
idea to reduce the number of vehicles turning around on Mr.
Parsons' property. Norton said that he voted in favor of this
project before however, traffic is his major concern. He
thinks they are making a mistake to allow another 270 trips
onto the highway.
ROLL CALL - ANNEXATION I The motion was denied on a roll call vote of 3 to 3.
MOTION - VARIANCE I Hull moved and Albert seconded a motion to approve the
REQUEST variance request for the length of the cul-de-sac.
ROLL CALL I The motion passed unanimously on a roll call vote.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 10 of 24
MOTION - PRELIMINARY
Schutt moved and Balcom seconded a motion to adopt staff
PLAT - AUTUMN CREEK
report KPP-06-10 as findings of fact and recommend to the
SUBDIVISION
Kalispell City Council that the preliminary plat of Autumn
Creek Subdivision be approved subject to the 22 conditions
in the staff report, including approval of the variance
request.
BOARD DISCUSSION
None.
ROLL CALL -
The motion -passed unanimously on a roll call vote.
PRELIMINARY PLAT
MOTION - CONDITIONAL
Schutt moved and Balcom seconded a motion to adopt staff
USE PERMIT - AUTUMN
report KCU-06-07 as findings of fact and recommend to the
CREEK
Kalispell City Council that the conditional use permit be
approved subject to the 3 conditions listed in the staff report.
BOARD DISCUSSION
Gabriel said that she doesn't have any problem with
townhouses and she likes the way they fit into the
subdivision.
Schutt agreed that he doesn't like to see 40 townhouses laid
out like a cookie cutter and to sprinkle them in is a lot
better.
Norton suggested eliminating the 2 - 2 unit townhouses to
help alleviate some of the traffic. The board didn't think it
would be significant enough to eliminate them.
ROLL CALL
The motion passed unanimously on a roll call vote.
THE MEADOWS -
A request from The Meadows, Inc. for annexation, initial
ANNEXATION & PLANNED
zoning and planned unit development (PUD) for The
UNIT DEVELOPMENT
Meadows on a 14.65 acre property. The owner is requesting
annexation into the City of Kalispell with the R-4 (Two Family
Residential) zoning district. The owner is also requesting a
PUD zoning district on the property to allow 138
condominium units with approximately 6.7 acres of open
space, a 4,000 square foot clubhouse and % of a mile of
sidewalks and trails within the open space. The property is
currently zoned County SAG-10 and is located on the south
side of Four Mile Drive approximately 400 feet west of the
intersection of North Haven Drive and Four Mile Drive.
STAFF REPORTS - KA-06-
Sean Conrad, representing the Kalispell Planning
08 & KPUD-06-04
Department presented Staff Reports KA-06-08, KPUD-06-04
for the Board.
Conrad noted that the property is located on the south side
of Four Mile Drive just west of the intersection of Four Mile
and North Haven Drive. The property is about 14.6 acres in
size and is currently SAG-10, a suburban agricultural
district in the county. The property owners are requesting
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 11 of 24
O
city R-4 zoning, a Two Family Residential District with a
minimum lot size of 6,000 square feet. The permitted uses
include single family and duplex units. Conrad reviewed the
general land use characteristics in the immediate area. The
Kalispell Growth Policy 2020 designates this land as Urban
Residential which is defined as anticipating 3-12 dwellings
units per acre and the R-4 would be consistent with that
land use designation.
Conrad stated the owners are requesting a planned unit
development to construct 19 multi -family buildings that
would allow 138 condominium units on this 14.6 acre site.
The roads within the PUD would be private and there would
be approximately 6.2 acres of irrigated open space which
would include a clubhouse, putting green, a trail system and
sidewalk connectivity between all of the units. They have
proposed, in the northeast corner of the property, a retention
pond that would be fenced and landscaped which is adjacent
to Four Mile Drive. The Public Works Department
commented that along this property's frontage on Four Mile
Drive the road will have to be improved to city urban
standards. The sidewalks will be adjacent to the curb and
they are not proposing boulevards but they do have an
adequate amount of open space and trail systems connecting
all of the units.
Conrad said in this immediate area just south of this PUD is
the North Haven Subdivision, a 20-30 year old subdivision in
the county. Several of the neighbors had concerns with the
height of the buildings and visual impacts. The residential
districts in Kalispell, R-2, R-3 or R-4 allow a maximum
height of 35 feet. Given the size of these multi -family
buildings planning staff is recommending that the building
height at the southern property line not exceed 25 feet in
order to mitigate impacts to neighboring properties to the
south and their view shed to the north. Staff does not feel
that this is unreasonable.
There was also a lot of concern about the intersection of
Highway 93 and Four Mile Drive and a Traffic Impact Study
was completed. The study gives an estimate of the number of
vehicle trips per day this 138 condominium PUD would
generate at full build out - 840. It also states that the
intersection of Highway 93 and Four Mile Drive is already at
a level of service F for the left turn movement as you go left
onto Four Mile Drive from Highway 93. Level of service F is
the worst that it gets for any kind of road or intersection. The
Highway Department was contacted and the local office was
sent a copy, of the Traffic Impact Study and their
recommendation was that the owners submit a Systems
Impact Analysis for their review of the proposed traffic that
would be generated by this development. Conrad noted the
comments were received by the neighborhood and there were
concerns about the condominium units being rented daily or
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 12 of 24
weekly. Conrad noted in the Kalispell residential zones you
can rent units but they have to be on a month to month
basis. A daily/weekly rental would be considered a
hotel/motel and they are only allowed within the business
zoning districts.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KA-06-08 as findings of fact and
recommend to the Kalispell City Council that the initial
zoning for this property upon annexation be R-4, Two Family
Residential as proposed.
Staff is recommending that the Kalispell City Planning Board
adopt staff report KPUD-06-04 as findings of fact and
recommend to the Kalispell City Council that the Planned
Unit Development for The Meadows be approved subject to
the 23 conditions listed in the staff report.
BOARD DISCUSSION Balcom said the traffic study was completed in May and the
fall season of soccer and football creates a higher level of
traffic on that road. Conrad said he thought the high season
was in the spring. Conrad said the Study notes the manual
traffic counts were conducted at the intersections on May 3
8v 4, and May 10 & 11. He added what he felt could be
concluded from the study is there are definitely issues at the
Four Mile Drive/Highway 93 intersection during, at the very
least, the p.m. peak hours. Obviously adding this amount of
traffic that this development, if approved, would generate is
going to make an impact at that intersection.
APPLICANTS/AGENCIES Presentations on The Meadows were given by the following
consultants: Bruce Lutz, Sitescape Associates, Mark
Johnson, Project Architect, and Brett Walcheck, 48 North
Engineering.
Mark Bancale, Professional Traffic Engineer, with WGM
Group reviewed the Traffic Impact Study. He said they did
manual intersection traffic counts from 7:00 to 9:00 a.m.
and from 4:00 to 6:00 p.m. which is the time period that the
site would be generating the most traffic. The counts were
conducted in May of this year, intentionally during the. time
when soccer season was in session. They recorded
approximately 500 more vehicles on Four Mile Drive in the
afternoon peak hour than they did in the morning peak hour.
The vast majority of those could be attributed to the activity
on the soccer fields.
Bancale noted that the counts were also conducted during
the time when the Flathead Community College was in
session, which is located just across Highway 93, as well as
the local public schools. It was therefore, during a time when
overall traffic conditions were at the busiest. The existing
peak hour traffic volumes were identified and projected to the
year 2009 which is the design year selected for this project.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 13 of 24
In order to get a picture of what the traffic will look like in
2009 they looked back over the last 8-10 years of traffic
growth on Highway 93. MDT keeps records of traffic volumes
at a location just north of Four Mile Drive and they reviewed
that data which identified a growth rate of approximately
4.5% per year. They then used that rate to project forward
the 3 years into the future to get an idea of what traffic will
look like in 2009 without this subdivision. The 4.5% per year
is probably on the high side because it also takes into
account the arrival of several big box stores just north of this
location.
Bancale continued they then had a picture of what the
conditions were going to be in the future if this development
proposal doesn't move forward. Then they analyzed that both
at the intersection of North Haven Drive and Four Mile Drive,
as well as at the intersection of Highway 93 and Four Mile
Drive. At North Haven Drive operations are really very good
and there are no traffic issues there in terms of capacity,
safety or delay. At Highway 93 North they identified under
the existing conditions that in the a.m. it works pretty well,
in the afternoon when all of the ball field traffic is taking
place there is already a delay that would qualify as a level of
service F for the northbound left turn. In the future there will
be a worse level of service F because traffic volumes will grow
and as they grow delays increase. He noted that the
southbound left turn will begin to become a problem as well
for the same reasons.
Balcom said the Trip Generation Manual was used to
estimate the number of trips that will be generated by this
development. It was approximately 67 trips in the morning
peak hour and 78 trips in the evening peak hour. That
analysis said that at the 2 site driveways, as well as at North
Haven Drive operations will be very good. Then at the
intersection of Highway 93 and Four Mile Drive obviously if
they are at a level of service F without this development that
doesn't go away by adding more traffic. The southbound left
turn isn't going to see any site traffic and therefore will not
become worse but the northbound left turn will see an
increase in delay. The solution to this left turning problem off
of Highway 93 is very easy to identify and probably easy to
implement. He said probably because it requires the
cooperation of MDT, which obviously they have no control
over. He has worked with MDT on a lot of projects over the
last several years and he feels that they would be willing to
discuss this intersection with the board and participate in a
solution. The solution is simply to add protected left turn
phasing to the traffic signal — green arrows. The traffic signal
has all the equipment there to do that with a couple
exceptions, which would be easy to engineer and to add,
should MDT agree. What MDT would typically want to do
would be to wait until the problem is clear and obvious and
then come forward with a solution rather than saying this
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 14 of 24
O
traffic study says there is going to be a problem let's jump
out there now and fix it. By adding the green arrows you
would have to take that time in the green cycle away from
some other phase therefore some other traffic suffers.
Bancale noted the Systems Impact Analysis that MDT has
indicated they would like to have on this project is their way
of saying give us the traffic report and let us have a chance
to comment on it. The traffic report already exists and would
not be a significant undertaking to make extra copies and
send it to them. Their review time is typically several weeks.
The left turn phasing on Highway 93 and Four Mile Drive is
the only traffic mitigation that is identified in the report.
BOARD DISCUSSION Balcom noted that the days of the traffic survey were
Wednesday and Thursday both weeks. Her experience is that
the weekend, particularly Saturday is a banner day at
Kidsport. Balcom said that she realized that this traffic is not
the owner's problem it is a Kidsport problem but to her when
you are looking at the traffic all of the traffic has to be
considered and that concerns her.
Bancale said that the counts were done on week days which
is standard practice for a Traffic Impact Study for a
residential development because residential developments
generate the bulk of their concentration of traffic during the
a.m. and p.m. rush hour.
Lutz added that one thing that hasn't been mentioned is that
when the State Lands property is developed, which is going
to be in the fairly near future, a new alignment for Four Mile
Drive is going to go out to Stillwater Drive. This alignment
will provide an alternative route.
Lutz noted that the reason the PUD was chosen was mainly
to achieve the multiple connections with the units. An R-4
allows for duplexes but does not allow for anything beyond
duplexes. All of the infrastructure for the project, as well as
most of the road improvements and the club house will be
achieved during the first phase of the development. It will be
about a 5 year phase and the final phase will be the part of
the project that is adjacent to the North Haven development.
Lutz said that the density of this project is right around nine
units per acre, which is well within the 3-12 range that is
designated in the Growth Policy.
Lutz concluded by saying that they concur with all of the
conditions.
Norton reviewed the letters from the following neighbors:
John King, Dan & Cary Heskett, Steven & Elsie Johnson,
Lorraine & Charles Wingard, Jerry Gillies, and Steve Lorch
from DNRC.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 15 of 24
Norton added the majority of the letters were opposed to the
project.
PUBLIC HEARING John King - 134 North Haven Drive stated that he is against
this project until there are some things that the developers
can rectify. He is a developer and he has learned to do the
things right but don't do them all the way - get out and get
your money quick and go on to the next deal. He hopes this
team does everything right for the people in the area, for the
people who purchase this property, and for the people of
Kalispell. King said the big issue for him is the traffic issue.
He has lived on North Haven Drive for 15 years and having
the vacant property in front of his home was a luxury but
now they are telling him that 840 extra people are going up
and down that road. He also was in support and his wife was
on the board of Kidsport. This year traffic was backed up at
the light on Thursday and Friday nights all the way to their
subdivision. This morning 3 people went to the hospital due
to an accident at this intersection. There is a need for
another turn arrow on the other side of the light. King
suggested that the entire road be improved to city standards
instead of 400 feet with the future developments proposed
tearing up the road several times.
King continued that his house will sit right next to one of the
buildings and is concerned that they will use the full 25 feet
of height allowed. King feels that Bruce Lutz will do a quality
job with the landscaping because he has seen his work but
he hopes that the height for his neighbors to the west will be
good because they have quality residents and the higher
those buildings are the more value they will lose in their
homes. North Haven is a nice subdivision with many view
lots and they paid for those lots and to have a developer take
them away isn't right. He said as he looks at the development
there are 15 acres of level ground and the development can
go into that quite easily. He hopes that if this is approved by
the city that the city makes the developer toe the line.
Holly Jean Larson, 852 - 5+h Avenue WN stated the reason
that she is approaching the podium is two fold. First of all
she received a phone call from an elderly friend who asked
her to support this project for her because she wasn't able to
attend the meeting herself. The woman is approximately 80
years old and she has many lady friends who are widowed
and live in single family homes and are looking for facilities
such as this before they go into a home where they can have
a wonderful quality of life and not have to worry about
maintenance. Larson said that the second reason she is here
is she does design work for a couple of businesses, TK
Builders and Desert Mountain Venture, and they have had
some projects over the last year that were low maintenance
townhomes - The Granary Ridge, and some duplexes in
south Kalispell. When working with the people who have
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 16 of 24
invested in these homes she hears day in and day out that it
is so nice to have quality homes/living environments with no
maintenance. Larson said she hopes the board votes in favor
of The Meadows development.
David Palmer, 122 North Haven Drive stated that the Traffic
Study was the most important thing. Fall would be a better
time to run a traffic study. In the spring there is spring select
which is a few teams who have their games there but in the
fall they have the high school squads, JV squads, all fall rec,
everybody is there and there all the time. Palmer said that
they are hoping to bring the state tournament to Kidsport
which is $2-3 million into the city and the traffic would be
incredible. Getting the infrastructure first - turn signals and
all of that would be big deal. He has a problem with turning
the condos into rentals. He understands that is how condos
work but he prefers ownership and some kind of tight leash
would have to be put on people who rent by the month.
Dan Heskett - 129 North Haven Drive stated that he would
encourage the city to not look at this one isolated project and
to understand the impact on the neighborhood, but to look
at the entire surrounding area. As it was pointed out there
are lots of plans pending immediately west of Kidsports, and
he would encourage the city to look more long term, big
picture rather than piece -meal, one project at a time.
Roger Noble - 130 North Haven Drive stated he has a
number of issues starting with the zoning change. They are
going from a SAG-10 to an R-4 which is a quantum leap. In
North Haven there are 30 units, Sunset View subdivision has
16 units, and The Greenery has 24 units so that is a total of
70 units on 30 acres. That equates to about 2.2 units per
acre. The project is 9.4 units per acre which is 4-5 times as
much. Also there are other subdivisions going into this area
all the time. It is not compatible with the adjacent land use
and is not consistent with the existing environmental and
integrity of this area.
Noble continued regarding the traffic it was mentioned that
there would be an additional 840 trips. This will be 2 times
as many trips from 1/3 the size of the amount of developed
area. Noble added that is 6 times what is going out there
right now which is a huge impact. Noble said that he heard a
comment made that it is not the owner's problem but it is
the owner's problem and if the board approves this
subdivision they have the possibility to require them to get a
left turn signal both onto Highway 93 and off of Four Mile
Drive. Noble suggested that be a condition of approval.
Noble said there is only one ingress and egress to this
development. This property is in the county and they are
asking for annexation into the city. If they were at a Flathead
County Planning Board they would have to have a primary
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 17 of 24
Cal
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and a secondary emergency access. In the winter the snow
blows out of the north and Four Mile Drive runs east/west
and that road drifts in. With 138 additional units that will be
310 new people in that area who won't have emergency
services.
Noble said they are proposing to put a storm water detention
pond in the northeast corner of this facility and they call it a
retention pond. A detention pond will actually infiltrate the
water and a retention pond holds the water. There is going to
be a lot of storm water runoff that occurs in April and May
and it is going to get worse in June. This area was
underwater in the spring of 1997. There is no way a
retention pond will work in this area because there is already
standing water. Noble noted that the board has the capability
to require an elevation level - they did that with Waterford
development that is adjacent to this site - and with a
development on Big Mountain where they actually made
them lower their height elevation so that the neighbor's view
shed would be protected. Noble said that based on the safety,
traffic and engineering issues he recommends that the
planning board deny this subdivision.
Jerry Gillies - 110 North Haven Drive stated he appreciated
the assistance that he received from Sean Conrad at the
planning office and also thanked the owner for coming to
meet with the neighborhood.
Gillies said the density level should be reduced. Gillies noted
that on Four Mile Drive he has seen the soccer events and
the traffic is horrendous. Gillies recommended they ask the
city to take Four Mile Drive in that area and bring the
highway up to appropriate specifications of width to
accommodate the traffic. If they do allow parking the road
should be wide enough to accommodate parking curb -to -
curb, one side or the other or both. Gillies has asked the
owner to go to the city and request the area be designated as
a no parking zone between the roadway, the grass strip and
the chain link fence of Kidsport. As their own team said there
are several more developments planned for this area and the
board needs to be looking at the future development of this
community. He is in opposition of the PUD because of the
structure of Four Mile Drive and the density level.
Gillies said he would like to address the traffic survey. The
traffic was done in the middle of the week,
Wednesday/Thursday and didn't take into consideration the
big events. As a condition for this project the indicator is it
can be easily mitigated by a left turn arrow. That would serve
everybody in this community and he supports his neighbor
Roger Noble in recommending this as a condition. Gillies said
that he likes the project it is very well designed but it just
needs some refining. He asked the board to consider the
letters from the neighborhood. Good project, could be better.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 18 of 24
(7)
Darren Cogar, 1545 Trumble Creek Road said they need to
have places for the elderly to stay in this community. Most
people who live in this valley do not live here year round and
they want to have a place that is maintenance -free. Cogar
coaches at Kidsport and he knows what the traffic is like. On
Wednesday and Thursday it is as busy if not busier than
Saturday. Cogar said that it sounds to him like they are
putting Kidsport's parking and traffic problems on this
developer. Maybe Kidsport should be looked at as far as
parking. There is going to be additional developments where
the rest of this land will get developed and something will
have to be done but he doesn't feel that a change in the light
at Four Mile Drive and Highway 93 should be placed on this
developer when they do not have any control over it. They
could put 70 houses on this property or they can put the
condos on and he would much rather see condos than 70
houses, which he feels would cause more of an impact.
Eisala Morton, 127 North Haven Drive stated her neighbors
all had very valid points and she agrees with them. When the
owner came to their home, introduced himself and showed
them the project she appreciated that he came. Morton said
that she likes the project and if these points which were
presented this evening could be worked out they would have
a fine addition. She likes this project better than several
homes where everybody does their own thing. She sees the
need for single ladies to have a nice place to live and a
wonderful view. She understands that they are the ones who
are most affected by this because of the height and she was
told that the height would be taken care of. Morton said that
the traffic and .other things need to be worked out and noted
that the board should look at the whole picture because that
is what makes Kalispell a great place to live.
MOTION - ANNEXATION
Schutt moved and Balcom seconded a motion to adopt staff
report KA-06-08 as findings of fact and recommend to the
Kalispell City Council that the initial zoning for this property
upon annexation be R-4, Two Family Residential as
proposed.
BOARD DISCUSSION
Hull said that he has a number of problems with this project.
It is a dead end road until they punch through to Stillwater
Road. He was out there today and the traffic was backed up
from Meridian Road to the DNRC offices. The solution may
be to put in a left turn arrow but it may mean even more
delays on Highway 93. The project doesn't seem very
Kalispell -like but seems more appropriate for Whitefish. The
owners are proposing private roads which he hasn't heard of
before in Kalispell. Hull said the design of the buildings is
exactly what the board has been saying that they do not
want with garages in the front and the front door being down
a long corridor in the back. He is not comfortable with this
proposal.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 19 of 24
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Balcom noted that she appreciates Hull's comments but she
doesn't think that Whitefish has the corner on good or bad
projects. She likes the project and appreciates the design
effort that has been put into it. Balcom said that she
appreciates the fact that the owner went to the neighbors
and are considering their view in the proposal.
Gabriel stated this is her neighborhood and she knows the
people who are speaking in opposition and she understands
exactly what they are saying. She lives in Northridge and this
is exactly what happened when the field directly west of her
went away. Gabriel said that one of the things the council
requests is infill and this is infill. The positives are the people
who will be attracted to this type of living arrangement are
going to need good medical care and it is very close to the
hospital. R-4 is consistent with the city's Growth Policy and
they have designed a complex where they have allowed for a
lot of green space. It is important that their intention is not
to block the views of their neighbors. The fact that Four Mile
Drive will be improved with curb gutter and sidewalk to city
standards is a definite plus. Gabriel said that she likes the
look of the buildings because they are not your typically box
style, cheap living quarters and that the architects and
developer have presented a quality project.
Gabriel said what she is struggling with is the vehicle trips
adding to what is already an awful intersection and anything
that they can do to work with MDT to change that has to
happen. It is inevitable that this area is going to be
developed. Gabriel said the pluses are outweighing the
minuses except for the safety issue and that has to get fixed.
Balcom asked if they could require the developers to get a
green arrow at the intersection and add that to the
conditions. Conrad said they could make that
recommendation but it would be difficult because it is out of
the city's jurisdiction. The intersection is maintained and
controlled by the MDT. Conrad added that there is a
condition that requires a Systems Impact Analysis.
Schutt said that given that they are seeing a service level F
currently wouldn't that get them close to needing the turn
arrow. Conrad said he would presume so but it is up to MDT.
Schutt asked if full improvements were being made to Four
Mile Drive as it fronts this project. Conrad said yes but just
the south side of the road.
Brett Walcheck, 48 North Engineering stated that he talked
to Public Works and they decided to delay improvements to
Four Mile Drive instead they will do an SID when the other
development occurs.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 20 of 24
0
Schutt said that he agrees with Gabriel that this is a positive
infill project. The city has asked developers to put their
projects onto major roads and hook up to sewer and water
and this project would meet that request. Schutt said that it
is a dense project and is in no way compatible with the R-2
county zoning immediately south but it is a different
property in a different jurisdiction. Schutt said that with
North Haven subdivision being built 30 years ago with septic
systems it can not be compatible with a project on city sewer
that has 9 or 10 units per acre. As they look at both traffic
and impacts on neighbors those issues can be addressed
through a reduction in density.
Albert said that the developers have done a good job on their
presentation. It is high density but density is increasing
north of town. The traffic issues are not something that they
can control from the board.
Norton asked Conrad about the SID for Four Mile Drive and
Conrad said they can confirm the discussion with the Public
Works Department and address it at the council level with a
subsequent memo explaining what took place after the staff
report was completed and during the public hearing. Conrad
noted that they could also consider adding a condition to
waive the right to protest a future SID.
Norton thought it may be appropriate to include the SID
condition so that they are not worrying about the future
upgrade of the roads as more development occurs. Jentz said
yes there are other projects out there and they will carry the
burden of putting more traffic on this road. There is a
proposal to take Four Mile Drive up to the Reserve Connector
road which is currently funded. It would take the road from
Stillwater to Costco and provides a way out of Four Mile
Drive. There is an entire grid of streets going north and south
proposed for this neighborhood which will play out in the
next 60 - 90 days. The real solution for Four Mile Drive is the
SID. The dilemma with an SID is that 50% can protest and
stop it and all city residents in the affected area would be
required to kick in.
Norton asked about the letter from Steve Lorch, DNRC that
addresses the north half of Four Mile Drive never being
properly platted. Jentz noted the road continues to be used
but DNRC claims that the road doesn't exist because it has
never been paid for. Jentz suggested that the city's legal
office is sorting this out. The same issue exists with the
B.P.A. Power easement.
Hull named the dead end roads near this proposed
development and added this is the problem when they do not
have grids or another way out of the system which comes
back to haunt the city. Hull said that the problem with the
SID is that the developers will not be paying anything it will
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 21 of 24
be the people buying the property and the neighbors and it
will be a case of, "the bad news is there is a development
coming in next door and the worse news is that you have to
pay for the upgrades."
ROLL CALL - ANNEXATION
The motion passed on a roll call vote of 5 in favor and 1
opposed.
MOTION - THE MEADOWS
Schutt moved and Balcom seconded a motion to adopt staff
PLANNED UNIT
report KPUD-06-04 as findings of fact and recommend to the
DEVELOPMENT
Kalispell City Council that the Planned Unit Development for
The Meadows be approved subject to the 23 conditions listed
in the staff report.
MOTION - ADD CONDITION
Schutt moved and Norton seconded a motion to add
#24 - SID
Condition #24 to waive the right of protest for an SID.
BOARD DISCUSSION
General discussion was held regarding an SID.
ROLL CALL - ADD
The motion passed on a roll call vote of 5 in favor and 1
CONDITION #24 - SID
opposed.
MOTION - ADD CONDITION
Schutt moved and Balcom seconded a motion to amend
25 - 16' MAXIMUM HEIGHT
condition #5 to reduce the maximum height to 16 feet for
buildings 8, 17, 18, 8s 19 to reduce the impact on the view
shed.
BOARD DISCUSSION
Balcom asked if these were the units that were to be dug in
with a ridge height limit of 21 feet.
Gabriel asked if there was an engineering report that would
indicate what height would obstruct the view. Her guess is it
was covered by sinking the buildings.
Lutz said that the situation in the back of the site is the ridge
height proposed on two of the back units is 21 feet and they
can achieve an 18 foot ridge height on the smaller unit. Lutz
said to keep in mind that the slope continues to rise so there
is some advantage there. Lutz said that 16 is better the 21
but they felt that 21 and 18 was a workable ridge height.
Schutt asked if they could have 2 stories on a ridge height of
16 feet. Lutz said it would take some severe re -grading.
Schutt suggested that it would be easier for the board if the
developers provided finished floor elevations and road grades
for their packets.
Further discussion was held regarding the amendment.
Conrad suggested the board consider amending condition #5
which speaks to the building heights instead of adding a new
condition.
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 22 of 24
ROLL CALL - AMD
The motion failed on a roll call vote of 2 in favor and 4
CONDITION #5
opposed.
BOARD DISCUSSION
Gabriel asked if there was a way to rephrase the condition
without putting a number on it. Schutt said by stating single
story that was the direction that he wanted it to go. Knowing
that you would get the view shed benefits and knowing that
there would be a small reduction in density.
MOTION - AMD CONDITION
Gabriel moved and Balcom seconded a motion to amend
#5 - 21' MAXIMUM HEIGHT
Condition #5 to reduce the maximum height to 21 feet for
buildings 8, 17, 18, 8s 19.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD DISCUSSION
There was discussion regarding the need for a left turn arrow
at the intersection of Highway 93 and Four Mile Drive and
what the board could do to either make this a condition of
approval or persuade MDT to consider this improvement.
MOTION - LETTER TO MDT
Norton moved and Gabriel seconded a motion to prepare a
letter to MDT, with the assistance of staff, requesting that
this intersection be studied for the increase of traffic from
this development and the other developments proposed along
Four Mile Drive.
ROLL CALL - LETTER TO
The motion passed on a roll call vote of 5 in favor and 1
MDT
opposed.
BOARD DISCUSSION
Gabriel asked if the detention pond needs to be there. Jentz
noted that it is the low part of the property and storm water
is an issue that has to be dealt with and the pond is the
solution proposed by the engineer for this project. Gabriel is
anticipating discussion on the pond at the city council level
and suggested that either. alternative methods be considered
or additional support for the current solution be presented to
the council. Norton said that he has seen projects where the
detention pond is utilized as a water feature and is
incorporated into the landscaping of the project. Jentz
suggested that the board could condition the project to
prevent an open surface pond in this location because of
safety or aesthetics. Then the developer would have to come
up with another design.
Gabriel asked who handles the upkeep and Jentz said it
would be the homeowner's association. Gabriel asked if they
would be 100% rentals. Norton said that the R-4 only allows
rentals on a month by month basis. Jentz said that it was
presented to staff as a condominium project for sale and they
could live there or rent it but rent it only by the month.
There was further discussion regarding the traffic situation
and the board felt that requiring the waiver of protest for an
SID and sending the letter to MDT was the most that they
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
Page 23 of 24
could do without making it a condition of approval which
they didn't feel was fair to the developer.
ROLL CALL - ORIGINAL
The motion passed on a roll call vote of 5 in favor and 1
MOTION
opposed.
OLD BUSINESS:
None.
NEW BUSINESS:
The Board considered the request to move the September
planning board meeting to Tuesday, September 19th in order
for staff to attend the annual Montana Association of
Planners meeting in Chico Hot Springs.
MOTION
Norton moved and Hull seconded a motion to move the
September Kalispell City Planning Board meeting to Tuesday,
September 19, 2006.
ROLL CALL
The motion passed unanimously on a roll call vote.
NEW BUSINESS
Norton suggested that the council minutes be included in the
CONTINUED:
packet so that they can track the projects as they go forward.
Norton noted that he felt it was important for the board to be
present at the council meetings that involve the growth
policy amendments, impact fees, and other issues so that the
council understands the board's position on these issues.
Hull requested a copy of the Traffic Study that was required
for Glacier High School. Staff will send copies to the board.
Norton suggested that due to the late hour the work session
on the amendments to the Subdivision Regulations be
postponed. The board agreed.
Jentz noted that the board may have to start meeting twice a
month to discuss the amendments to the Subdivision
Regulations and added that city council has also directed the
planning board to begin researching Transfer Development
Rights.
ADJOURNMENT
The meeting was adjourned at approximately 11:10 p.m.
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission will be held on Tuesday,
September 19, 2006.
Timo y Orton Michelle Anderson
C� Presi nt Recording Secretary
APPROVED as submitte corrected • /06
Kalispell City Planning Board
Minutes of the meeting of August 8, 2006
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