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10-11-05Cf KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 11, 2005 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 7:00 p.m. Board members present were: George Taylor, Timothy Norton, Rick Hull, Bryan Schutt, and Bob Albert. John Hinchey took his seat at 7:54 p.m. Kari Gabriel was absent. Narda Wilson represented the Kalispell Planning Department. There were approximately 12 people in the audience. APPROVAL OF MINUTES Taylor moved and Norton seconded to approve the minutes of the September 13, 2005 regular planning board meeting. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC Don Hines, President of the Flathead County Planning Board said that a few weeks ago there was a project that came before their board and during the board discussion, with some input from the applicant; a letter was forwarded on to him that he read to the Kalispell City Planning Board. (Copy is attached) Hines said one example where the city pursued expanding services across boundary lines is the subdivision that the city is putting in out on the south side of Three Mile Drive just north of Two Mile Tracts 2. Hines asked that city services be given an easement over the property line so the subdivision he lives in, Two Mile Tracts 1 & 2 could, in the future, hook on to city services, water and sewer, without having to juggle with the landowners that were going to have their property disrupted if Two Mile Tracts needed services. Hines noted that there is a tract out on Three Mile Drive that is 100% surrounded by city annexations and there are no easements on it or any provisions for it. The Flathead County Planning Board wishes to address this issue with the Kalispell City Planning Board by discussing the applications before they get to the point that they are complete with no provisions for expanding services. Hines added that they intend to also contact the Columbia Falls and Whitefish City - County Planning Boards on this issue. Taylor thanked Hines and said that they do want to work together, and added that it is refreshing change from what used to exist 4-5 years ago. Taylor suggested joint work sessions be held to get a handle on these issues before the application process gets rolling. Hines said with the new director at the county level has his hands full but he is interested in getting these issues on the Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 1 of 18 �J table before they become a challenge to both the city and the county. Taylor said that on behalf of the Kalispell City Planning Board they will make every effort to work together. RANDOLPH & LINDA A request by Randolph & Linda Torgerson for an initial TORGERSON ANNEXATION zoning designation of R-4, Two Family Residential, upon REQUEST annexation to the city of Kalispell. The property is located on the west side of 7th Avenue West, north of Sunnyside Drive and contains approximately 0.50 acres. STAFF REPORT KA-05-13 Narda Wilson, representing the Kalispell Planning Department presented Staff Report KA-05-13 for the Board. Wilson stated that this is a request for annexation of a single parcel on the west side of 7th Avenue, West and north of Sunnyside. The property is a double frontage lot that has a house near the eastern portion of the property and a detached garage and the property owner intends to subdivide this property and connect all the dwellings to city services. Currently the property is in the county and zoned R-5, which is a two family district similar to the city R-4 zoning designation. Recently, adjacent properties have been zoned R-4, which makes this request consistent with other activity in the area and consistent with the growth policy designation of urban residential. Wilson added that the property is just over 1/2 acre in size and is part of Western Acres Subdivision. Staff is recommending that the Planning Board adopt Staff Report KA-05-13 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. QUESTIONS BY THE Hull asked how many homes can be built on the property. BOARD Wilson said, with the assistance of the surveyor Rick Breckenridge, that the existing single family home and garage will remain on Lot 1 and a duplex will be constructed on Lot 2, for a maximum of 3 dwellings. APPLICANT/AGENCIES Rick Breckenridge, 1405 Highway 2 West, and surveyor for Mr. Torgerson noted that he recommended this approach for initial zoning and annexation. Breckenridge said that Mr. Torgerson's intention is that the existing house and garage as it is built will stay as one parcel and then a duplex will go on the other lot. There is enough room with the R-4 setbacks to have a lot that is 61.24 feet wide by 155.93 feet long so it does meet the minimum acreage requirements for the R-4 zoning and will hook into city services coming off of 7th Avenue, West. Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 2 of 18 Norton asked if the entire property is being annexed and Breckenridge said yes. PUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded a motion to adopt Staff Report KA-05-13 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. BOARD DISCUSSION Schutt said that this is a simple cut and dried proposal and Taylor agreed, and added that it appeared to be an improvement to the neighborhood. Hull noted that this is an area that Kalispell received some grants to bring in sewer and it is gradually improving and an area where the city has made a positive change. Norton added that this area was stagnant for a period of time without a lot of growth. Now it has attracted the attention of developers and it is growing. ROLL CALL The motion passed unanimously on a roll call vote. NORTHWEST A request by Northwestern Investments, LP for an initial INVESTMENTS, LP zoning designation of R-4, Two Family Residential, upon ANNEXATION REQUEST annexation to the city of Kalispell. The property is located on the north side of Sunnyside Drive, west of the Ashley Creek bridge and contains approximately 0.227 acres. STAFF REPORT KA-05-15 Narda Wilson, representing the Kalispell Planning Department presented Staff Report KA-05-15 for the Board. Wilson noted that this annexation is actually an abandoned R/W of Sunnyside Drive that was acquired by the adjoining property owner and would be made part of an existing Lot 4. It is the property owner's intent to build a detached garage in that area. Wilson added that the property has already gone through the county road abandonment process and has been deeded over to the property owner. When the property owner came in with the building permit they noted that the lot would now be half in the city and half in the county so the logical thing to do was to clean it up by bringing this portion of Lot 4 into the city. Wilson continued that the lot that this abandonment will be incorporated into is already zoned R-4. It is consistent with the zoning of the area and consistent with the growth policy. Staff is recommending that the Planning Board adopt Staff Report KA-05-15 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 3 of 18 l\� upon annexation be R-4, Two Family Residential. QUESTIONS BY THE Taylor asked if there are 2 residences on Lot 4 now. Wilson BOARD said no. Schutt asked where Ashley Creek lies in relation to this property. Wilson said that this property is immediately west of Ashley Creek. Norton said that they have often talked about Sunnyside Drive being narrow with too much traffic. This is an abandoned road easement and if Sunnyside was ever to widen is there a provision that would include the potential for R/ W acquisition with the widening of Sunnyside Drive. Wilson said that this is a county road and it would be more appropriate for the board to apply that provision with the subdivision plat. There isn't a mechanism to reserve any kind of future R/W with an annexation. APPLICANT/AGENCIES None. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Norton moved and Schutt seconded to recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Family Residential. BOARD DISCUSSION Hull said that he was relieved to see that there would only be a garage on the property and not another duplex. He sees no problem with the request. Taylor noted that he would like to see more of these housekeeping items in the future. ROLL CALL The motion passed unanimously on a roll call vote. FLATHEAD VALLEY A request by Flathead Valley Community College for an COMMUNITY COLLEGE initial zoning designation of P-1, Public, upon annexation to ANNEXATION REQUEST the city of Kalispell. The property is located on the north side of Grandview Drive and east of Hwy 93 and contains approximately 63 acres. STAFF REPORT KA-05-14 Narda Wilson, representing the Kalispell Planning Department presented Staff Report KA-05-14 for the Board. Wilson noted the owners of Hutton Ranch Plaza engaged in a land swap with the college for approximately 91 acres of the Hutton Family Trust property that lies to the north of the college and was not included in this annexation. What was included was the remaining 13 acres to the south of the Hutton Ranch Plaza and 52 acres to the east of the college. The college intends to expand into this area with the bond Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 4 of 18 that was passed a few years ago. O Wilson said the proposed land use for this area should be public. It is consistent with what would be anticipated by the college and also what would be anticipated through the growth policy. Staff is recommending that the Planning Board adopt Staff Report KA-05-14 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property should be P-1, Public upon annexation. Further, the planning board recommends that the Kalispell City Council encourage the Flathead Valley Community College to initiate a zone change on the 40 acres that is currently in the city limits from R-1 Suburban Residential, to P-1, Public, in order to provide consistency in the zoning for the college -owned property. QUESTIONS BY THE Taylor asked about the current zoning of R-1 for the college BOARD property. Jentz said at the time the zoning occurred they looked at the growth in the Master Plan and it was designated agriculture or residential. The zoning that would be most compatible with the Master Plan designation was R- 1 because it was shown as an agricultural/residential fringe on the edge of the city. In the R-1 colleges are a conditional use. Norton read the intent of the P-1 zone for the board which states "A public district to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. Such public uses would include schools, public buildings, parks, and open spaces, etc." Norton said however, the only permitted uses listed are lodges, office buildings, and parks. He said that the intent is to have a school and then it is listed as a conditional use which enforced the need for a revision of the zoning ordinance. Norton said that he would rather see what they don't want in the zones rather than what is allowed. Wilson said she shared his frustration but added that would probably never happen in the zoning world. Wilson said that part of the reason that the uses are listed as conditional uses in that zone are because they typically have a fairly high impact and so it is intended to create a forum for public comment by the property owners that would be most affected by the use. It does seem a little contradictory to have that listed as the specific intent and then make basically everything in that district a conditional use. Norton added then everything, whether it is permitted or Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 5 of 18 conditional, has to be reviewed. Wilson said no because if it is a permitted use all they need is a building permit, and a review by the Site Development Review Committee for compliance for zoning and setbacks, parking and building code compliance. The planning board and council would never see it. There is a provision in the state statutes that states that government agencies are exempt from zoning but it does require a public hearing before the Board of Adjustment. The Board of Adjustment is intended to act as a forum for public comment but cannot deny or condition the use. It does require the notification of adjoining landowners and provides a forum for information if there are neighbors who are concerned and also to gather information. Hull said that when this area becomes a topic of discussion regarding transportation and streets the board will want to have some say. Taylor said they have talked about a review of the growth policy and zoning ordinance and added there is a lot of redundancy in those documents that the board can eliminate for future boards. Wilson noted that this review is already on the work program and something that the staff will be working on this winter. It could be reviewed chapter by chapter or issue by issue but they will obviously need the board to help with that review before it goes to public hearing. APPLICANT/AGENCIES Jane Karas, President of the Flathead Valley Community College noted that she appreciates the board's consideration of the request for P-1 zoning and also would be very willing to initiate the recommended zone change for the remainder of the college property, but would request that the fee be waived for the college. Norton asked if the college has drawn up a preliminary plan for the use of this area. Karas said that they have a Master Plan that was put together about 4 years ago with community input that looked at all of the property that the college owned at that time which included this acreage and they do have some buildings that are a part of the bond that will be going to the north including the Occupational Trades building that they just broke ground for which should be completed next summer. Norton said that another issue that Mr. Hull touched on was that they are trying to incorporate for future growth and alleviate traffic problems and facilitate it for everyone and they would encourage the college to take this into consideration when this property is developed to make sure that it intertwines with other arterials in the area. Karas said Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 6 of 18 that they will certainly be looking at all the transportation issues as they develop the property. PUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION Taylor moved and Albert seconded to adopt Staff Report KA- 05-14 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property should be P- 1, Public upon annexation. The planning board further recommends that the Kalispell City Council encourage the Flathead Valley Community College to initiate a zone change on the 40 acres that is currently in the city limits from R-1 Suburban Residential, to P-1, Public, in order to provide consistency in the zoning for the college -owned property. BOARD DISCUSSION Hull noted that in the Transportation Plan there is a provision for a street running behind Home Depot and connecting with Grandview. The planning board doesn't have the authority to require that, but as he understands it they will during the conditional use permit process. Hull said transportation will be a key element in their consideration otherwise this area will create a block with no way to get between West Reserve and Grandview without some kind of provision. He added it may not be an arterial but this board is adamant that there be a grid system and that there be alternate ways to get around the city other than going through the stoplights on 93. Wilson said that as part of the bypass design off of Reserve Drive, they have actually come in with a road that would go east of Reserve and would come south behind Home Depot and Hutton Ranch Plaza and connect with Hutton Ranch Road. The main interior road will go to the new light on Highway 93. She said that portion is already planned and committed to by MDOT. What Mr. Hull is referring to is the continued extension of that road which would go from East Hutton Ranch Road through the college property and down to Grandview Drive. Wilson said that is part of the Kalispell Transportation Plan, has been for 15-20 years and she said the college is aware of the necessity of the Grandview. connection. Norton said he fully supports that if the city is asking the college to change the zoning on the current college property that the fees be waived. Wilson noted that this could be incorporated into the board's recommendation and forwarded on to the city council. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 7 of 18 LIGHTING STANDARDS ZONING TEXT AMENDMENTS An amendment to the Kalispell Zoning Ordinance initiated by the City of Kalispell to amend the lighting standards. This would amend the required full cut off standard from a 70 degree angle to an 80 degree angle and would lower the maximum height limit from 30 feet to 25 feet, and further recommend an administrative change to place the standards under their own chapter in the zoning ordinance, which would make them easier to find. STAFF REPORT KZTA-05-7 Narda Wilson, representing the Kalispell Planning Department presented Staff Report KZTA-05-7 for the Board. Wilson said that when they started working with the lighting standards after they were adopted they immediately found some problems. There are a few minor amendments to the lighting standards that will make them easier to administer, more reasonable, and easier for the public to adhere to. Wilson reviewed the amendments for the board which are as follows: Revising the requirement for the full cutoff lens that does not shine 70 degrees above the horizontal plane will be changed to 80 degrees because of problems obtaining a 70 degree cutoff fixture. The maximum height of a light pole is proposed to be changed from a maximum of 30 feet in height to 25 feet in height. Non -conforming commercial lighting is required to replace the lens to a full cutoff lens not the light pole. Clarification regarding how the light pole height and the level of light are measured. An exemption to the height limit for sports and recreation fields. Relocating the lighting standards in the zoning ordinance from their current place under "Supplemental Regulations" and place them in a separate chapter "Outdoor Lighting Standards" so that they are more easily accessible when using the document. Staff is recommending that the Planning Board adopt Staff Report KZTA-05-7 as findings of fact and recommend to the Kalispell City Council that the proposed amendments to the lighting standards be adopted. QUESTIONS BY THE Taylor asked if the target date of September 1, 2006, which BOARD is the deadline set for retroactive fixtures and lamps being Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 8 of 18 �.i changed should be changed due to these amendments. Wilson said the board could do that if they felt that it was appropriate but added that the substance of the standards haven't changed and also clarified that the standards have already been adopted and these are amendments to those standards. Norton said that they have discussed city owned lights and those provided by Flathead Electric and asked if they need to comply by those deadlines as well. Wilson said that these standards are for lighting on private property not lights within the public R/W. PUBLIC HEARING Michael Blend, 104 West Blue Grass said he is in favor of a lighting ordinance to cut down on light pollution in the sky and added that he appreciates the work that went into putting these standards together. However he has concerns with the requirement that commercial and residential lights conform to the regulations within the stated time period. Blend strongly feels that projects that have already been completed should be grandfathered in because those were the codes in place at the time of construction. Blend referred to his project on Appleway that contains 56 units, each having two exterior lights that require photocells. The cost of replacing those fixtures would be approximately $5600.00, not including the cost of the electrician and the repair of the siding for each unit. He wasn't even certain that he could find full cut off lights with photocells in them. Blend said that he doesn't have a problem with the ordinance but he feels that existing properties should be grandfathered and the standards applied to new projects or if lighting fixtures were replaced. Blend added that this is going to place a huge financial burden on all the residents of Kalispell. Blend noted that if the standards do not apply to public R/W, the Applicability section should be amended to read, "All residential and commercial lighting whether on private property installed in the city limits of Kalispell shall comply with the requirements and specifications established with these regulations." The word public should be deleted. Blend had a few other amendments that were already being proposed. Todd Foley said he is an electrical engineer for a consulting firm in town and has been practicing for about 11 years. He is a member of the U.S. Green Building Council and a small business owner. Foley read the definition of a full cut off fixture which is a light fixture that emits 0 degrees of light above 90 degrees, , and 10 percent above 80 degrees Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 9 of 18 (l horizontal, and noted it. isn't quite how the amendment reads. Foley said regarding pole height his experience tells him that what the city is doing by lowering the poles is making this more of a problem in terms of light trespass and dark skies staying dark. If you bring a light fixture closer to the ground you are going to have more light reflecting up in to the sky. The higher the pole is the less light that is going to have to be reflected off the ground. Every surface is a reflective surface and if there are a bunch of fixtures to accommodate for the lower poles there is a bunch of light bouncing off the ground from 25 feet v. 30 or 40 or 50 feet. The IES recommends a 10-1 ratio of uniformity that is the point where a distraction is noticeable to motorists and by lowering the pole you will create more distractions than you will if you have a more diffused light from 30 or 40 or 50 feet. Foley said that it might be more effective if the standards were written to accommodate more of an amount of lumens per acre v. limiting the height. Wilson asked Foley for a copy of the definition of the full cut off fixture, which Foley provided. Mark Paulson, 1045 Third Avenue, West and President of the Big Sky Astronomy Club said that he works with Mr. Foley at Morrison-Maierle, in the civil department. Paulson said that he echoes Mr. Foley's concerns about pole height. From an esthetic point of view, a 25 foot pole is better than a 30 or 35 or 40 foot pole, but from a practicality standpoint restricting the height of the poles to a maximum of 25 feet is the wrong approach. Paulson said he was glad that the city council approved the standards but felt that they were adopted too quickly. Paulson doesn't want to see amendments to these standards brought up to the planning board every 3 or 4 months for the next 3 or 4 years. He suggested forming a working group consisting of a representative or 2 from the board, Tom Jentz, Narda Wilson, and some electrical engineers from around the valley, to rework some of the areas in the lighting ordinance. Paulson said that he shared the concerns of Mr. Blend but added that he found a full cut off fixture with a photocell on it for $30.00 at Lowe's. He added that the savings in electrical costs will eventually pay for the cost of the fixture. Paulson added the he also installed the full cut off fixture on his porch and he has more light illuminating his front yard and walkway than he did with the 40 watt incandescent light. Terry Dahlquist, registered professional engineer practicing at Morrison-Maierle said that he also has concerns about the pole height. Dahlquist stated that 75% of all pedestrian accidents that happen in parking lots are trips and falls, and in the lots there is mixing of pedestrian and vehicular traffic Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 10 of 18 that you don't have anywhere else. He sees one of the problems with having low light on a short pole is that you are going to get more shadowing from the vehicles parked around the lot, which will increase the risk of hazard to people walking around. IES publishes the Recommended Practice #20 that recommends to minimize shadowing, putting in taller poles. He has some real serious concerns about the 25 foot pole. No one else wishing to speak the public hearing was closed. BOARD DISCUSSION Norton asked if it would be appropriate for staff to withdraw this item from the agenda before the motion is made and table it. Wilson noted that it would be appropriate to make a motion first and have board discussion, then if the board is interested in holding a work session on the amendments it could be tabled to a specific date. MOTION Taylor moved and Norton seconded to adopt Staff Report KZTA-05-7 as findings of fact and recommend to the Kalispell City Council that the proposed amendments to the lighting standards be adopted. BOARD DISCUSSION Norton said that they knew that this would be a working document and they had a lot of input and tried to do their due diligence. He added the board members are not electrical engineers and the information presented tonight he thinks is pertinent. He suggested that a work session be held to discuss this further, inviting the members of the audience who spoke and asked them to provide some additional documentation to the board for review. Taylor said that if there is a work session held, staff will contact the audience members to notify them. The board would look forward to their input. Hull and Albert agreed that the amendments should be tabled and a work session be held. Hinchey said that he thinks that the lighting standards are a good document but he is fine with tabling it and working out the details. Schutt asked what is driving the change from 30 feet to 25 feet. Wilson said that they did some research on some of the other ordinances that dealt with lighting and found that 25 feet was a consistent pole height. Schutt said that he is satisfied with the amendments and would like to proceed with them as proposed tonight. Hinchey asked if this has been studied by other municipalities are we trying to reinvent the wheel. He agrees Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 11 of 18 C that they have a good document and suggested trying them out for 12 months and see how they work. Taylor said they have nothing to lose except maybe an hour of their time. The comments brought up tonight should be considered at a work session. Norton said that it wasn't just the pole height but also Mr. Blend mentioned the code aspect which is one thing that he hadn't considered. Norton said that he agrees with Mr. Paulson that he doesn't want to revisit these standards every 3 months. It was agreed that the work session be held on Tuesday, October 25th at 7:00 p.m. in the city council chambers. Wilson noted that the amendments would then be placed under old business on November 8+h, the board would take public comment on them at the beginning of the meeting, although it would not be advertised as a formal public hearing. Wilson added that there are others in the community who may have a heightened interest in this issue, and she suggested that they invite them to the work session. Wilson said that it would be good to get comments in writing to be presented to the board ahead of time. MOTION TO TABLE Taylor moved and Schutt seconded to table the amendments to the Lighting Standards until November 8, 2005, and hold a work session on October 25, 2005 at 7:00 p.m. in the city council chambers, not to exceed 2 hours. ROLL CALL The motion passed on a vote of 5 to 1 with Hinchey voting in opposition. HIGHWAY 93 SOUTH An amendment to the Kalispell Growth Policy 2020 to be GROWTH POLICY known as the Highway 93 South Corridor Amendment that AMENDMENT would expand the potential utility service area boundary from its current location approximately one mile south of Lower Valley Drive to a new location down to Rocky Cliff Drive. STAFF REPORT KGPA-05-1 Narda Wilson, representing the Kalispell Planning Department presented Staff Report KGPA-05-1 for the Board. Wilson reviewed the amendment to the Kalispell Growth Policy 2020 that would expand the Potential Utility Services Area from its existing location to Rocky Cliff Drive and to the west and east of Highway 93 South, and the other items in the planning board packet. The area along the Highway 93 South corridor would be designated as light industrial on the map, the outlying areas would be designated as suburban residential with the exception of the areas within the 100 year floodplain, which would continue to be considered as a Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 12 of 18 suburban agricultural/agricultural use. C) Wilson reviewed Exhibit A which deals with the issues regarding utility extension, a grid street system, design standards, and essentially continuing this process of looking at the Highway 93 South corridor and phasing that area into the Kalispell Growth Policy as is warranted. Also continued collaboration with interested parties which would include the property owners, Flathead County Planning Board and the Lakeside/Somers Sewer District. Staff is recommending that the Planning Board adopt Staff Report KGPA-05-1 as findings of fact and approve Resolution KGPA-05-1 amending the Kalispell Growth Policy for the Highway 93 South Area. QUESTIONS BY THE Taylor said that he and Mr. Norton attended the Flathead BOARD County Planning Board meeting when they discussed this growth policy amendment and noted that he was glad that they went because they clarified the situation, and they want to work together. Taylor felt that the Flathead County Planning Board appreciated their comments. Schutt said that they have discussed several locations for the boundary beyond Old School Station, the first slough, the second slough, the Highway 82 cutoff. Schutt asked what the wisdom was for putting the Potential Utility Services Area at Rocky Cliff which is literally the city limits now, given Old School Station. He added they discussed the potential problems with the unzoned county property that is next to the border which they don't have much control or influence over. Wilson said that they get into more sticky use issues and zoning issues once they foray into that unzoned area. Wilson added that if the board wanted to change the boundary to one-half mile beyond Rocky Cliff or maybe to Auction Road so that the boundary is not right up against the city limits, she would gladly forward it on to the city council. Norton reviewed the notes from the Flathead County Planning Board meeting for the board as follows: Jeff Harris, the Flathead County's Planning Director, said that he wants the discussion to include the Lakeside/ Somers Sewer District, and his concerns were whether Kalispell would be able to handle the sewer there or were there other solutions that they hadn't thought of yet such as a private wastewater treatment facility, or even creating a regional wastewater facility jointly between Lakeside/Somers & Kalispell. Harris wanted to make sure that the service boundaries were set jointly, Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 13 of 18 �J and acknowledged that sewer is the correct way to go for a development in the county. Harris wanted to know if the city of Kalispell could handle the expansion and was the city making assumptions that they couldn't absorb the growth that might be happening in this area. Norton interrupted Harris (inaudible) 4 year phase for the sewer treatment facility which is designed to add to it as is needed and the city is looking at impact fees to handle hooking up to city services. Norton said that Taylor talked about Highway 93 and traffic control and how the board didn't want stop lights every mile or half mile, and reiterated the grid street system. There was a question about Somers sewer and what they were willing or able to handle. When Norton spoke to the President of Lakeside/ Somers Sewer District at the joint meeting he said that they were basically interested in only going from where their facility is now south on the east side of the road and everything else they were not concerned about, but that is something that has to be discussed in the future. Norton continued that they talked about when the county is approving subdivisions they need to delineate the roads going to and from that subdivision and look at them as part of a grid street system and then everything attaches together. The county has funds set aside for a Transportation Study and the road pattern, and also have a Watershed Management Plan to see where the ground and surface water resources are, what the availability is. The impression that Norton got is that Harris felt the city is rushing the county by discussing these standards and they want to go at their own pace. Norton said that he can totally respect that. Norton said they asked the county when they were going to start their design standards, and incorporate Highway 93 South into their growth policy that they are developing now. The county wanted to wait until that was done (growth policy) and then add the 93 South corridor amendments into it. Norton said they talked about design characteristics along the highway, the property setbacks, the landscape buffers and the county should look at any growth they have along the 93 south corridor to incorporate the standards, and they could look at our standards for architectural review and such. Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 14 of 18 L1 Harris said that the draft for the county growth policy would not be out until January; so that they couldn't expect to do anything further than what they are doing now until that date. Norton added that this boundary was chosen because this was the Kalispell planning boundary at one time and all the discussion to date has been to this line. He said at the meeting the County reiterated that they - wanted a neighborhood plan before they went any further and it would be a phased approach. Wilson thought there was a misunderstanding about the relationship between Kalispell's Growth Policy and the county's growth policy. These boundaries and land use designations are only there if the landowner wants to connect to utilities and annex to the city. The county can adopt something different, certainly it would be nice if they would recognize those boundaries and say we would anticipate that at some point these areas would be on city sewer and would be annexed to the city. This shouldn't impact their growth policy, it is not going to require an amendment to their growth policy, and it doesn't obligate them in any way to what the city does. Wilson continued that Kalispell's plant investment fees will allow the wastewater treatment plant to continue to expand and it concerns her when she hears "Does Kalispell have the capacity to serve this property or this area." Wilson said that capacity is really not an issue for the city. As far as a regional wastewater facility, it has been out there since the Kalispell plant was converted back in the early 90's. The utility services boundary really doesn't mean anything for the county's growth policy and their timeline. Wilson said she thinks that Auction Road would be a more prudent line in the sand for the purposes of this amendment, and the light industrial designation can continue on down. Taylor said he supports drawing the boundary at Auction Road and if there is any resulting friction they can take care of it with the county. Taylor said that he thinks anything that the board does would be regarded as in good faith. Norton said that his only concern is that it ties in with the Rocky Cliff Subdivision which is mostly residential with a commercial strip along the highway. Norton doesn't necessarily want to see all commercial along this area and doesn't want to see car lots or something like that. Norton feels that the boundary should be left at Rocky Cliff because he doesn't want to hurt any rapport that has already been created. Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 15 of 18 �1 PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Taylor moved and Hinchey seconded to adopt Staff Report KGPA-05-1 as findings of fact and approve Resolution KGPA- 05-1 amending the Kalispell Growth Policy for the Highway 93 South Area. BOARD DISCUSSION Schutt said that if we draw this line at Auction Road or 2 sloughs down or at the White Oak intersection, all that line brings with it is our take to what the underlying zoning and uses will be when and if these properties are annexed to the city. Wilson said that and the city is saying they are willing to provide services to that area. Schutt said that as a planning board member they should share their vision as to where the board thinks the growth is going to be. If the property owner to the south of that line doesn't want to annex to the city of Kalispell he doesn't have to. Schutt said that he understands the concern of causing problems with the county planning board, but it seems that their job as a planning board is to do some planning. AMENDED MOTION - Schutt moved seconded by Hull to amend the original motion POTENTIAL UTILITY to move the boundary line of the Potential Utility Services SERVICE AREA BOUNDARY Area to Auction Road. AMENDMENT BOARD DISCUSSION Norton said that he agrees with what Schutt is saying and there is only one reason why he doesn't want to amend the boundary and that is this boundary was already discussed with the county. Taylor said it is not as though they don't have the vision but we want to do it with the cooperation and input of the county. The only risk is if they take this line at Auction Road as some sort of betrayal of what we have already represented to them. Question was called. ROLL CALL - POTENTIAL The motion passed on a vote of 4 to 2 with Taylor and Norton UTILITY SERVICES AREA voting in opposition. BOUNDARY AMENDMENT BOARD DISCUSSION Wilson asked if the board would like to discuss an appropriate land use designation for this new area that has been included in the growth policy amendment. Schutt asked if they could designate the two areas of the new county subdivision at Rocky Cliff and 93 separately. Wilson said that they could recognize the residential portion as suburban residential, with commercial along the highway on Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 16 of 18 U the west side and then light industrial that aligns with Old School Station with suburbanresidential on either side. Taylor agreed that what is already there should be acknowledged. MOTION - LAND USE Taylor moved and Schutt seconded to designate the land use DESIGNATION for this area as suburban residential on the west of the highway, with commercial along the highway, acknowledging the new county subdivision, and then light industrial that aligns with Old School Station with suburban residential on either side. ROLL CALL - LAND USE The motion passed unanimously on a roll call vote. DESIGNATION ROLL CALL - ORIGINAL The original motion passed on a vote of 5-1 with Albert voting MOTION in opposition. BOARD DISCUSSION Hull asked when the neighborhood meeting would be held and should it be part of the recommendation. Wilson said that is something that the board would have to decide how they want to handle the future meetings and future consideration of the Highway 93 South area, and whether or not they want to look at the area north of Kalispell where they are also feeling some growth pressure. It is a matter of priorities, and the council may be the one to decide those priorities for the board if they think that the north area is more important. OLD BUSINESS: Wilson noted that she provided the board with a status report and reported that Autumn Creek was denied by city council. Wilson said that the first reading of the sign regulations was approved by the city council on October 3rd with amendments to include balloons as a permitted sign, and also to allow streamers and strings of pennants. Also there was an amendment to allow some additional signage in the hospital zone. The second reading is on October 17th and there may be another amendment or two. NEW BUSINESS: Jentz reported that Kelsey Subdivision on Reserve is coming before the council again. There is a good chance that council will approve allowing Evergreen to extend utilities to serve the entire site. The 50 lot subdivision was in the final stages of getting an on -site treatment facility but the Flathead County Health Department Director is opposed to having those proliferate throughout the county so he spoke before city council to request that they consider allowing Kelsey, which is partly in the Evergreen Sewer District and partly out, to use the Evergreen sewer collection system to Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 17 of 18 transport its sewage down to Kalispell. It will still be a county subdivision. The city will have the option of annexing that subdivision at any time and if the city were to extend a trunk line in that area they could hook up Kelsey and take over the subdivision without any contest or questions. Then the lines and the entire system would be in the city of Kalispell and their collection system. Ownership of the lines is what is bogging down the project. ADJOURNMENT I The meeting was adjourned at approximately 9:20 p.m. A work session will be held on October 25, 2005, at 7:00 p.m. in the City Council Chambers to discuss amendments to the lighting standards. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, November 8, 2005. George o Michelle Anderson ent Recording Secretary APPROVED as submitt /corrected: �l / is 0 / O5 Kalispell City Planning Board Minutes of the meeting of October 11, 2005 Page 18 of 18 r"1 October 7, 2005 Y &. Don Hines President, p'lathead County Pkmr ng Board. Kalispell, MT 59901 Dear Mr. Hines, With the expansion of all three city Ifinits at a very rapid pace, severe&l planning and zoning issues are becoming more and more prevalent which necessitates the reed for all three boards to work closer in all .stages of planning and review. -Many of the decision =de by the city boards are leaving voids. in county jurisdiction because the review processes are only directed at the interests of the city and not accommodating nor nia"ag conditions with future expansion in mind. Case in point: Glacier Conimns was a subdivision annexed .and approved by the City of Kalispell off Whitefish Stage Road. In the course ofreview, no avenue was made for aqv further expamion to the west on Country Way South to hook up to any existing services. The City of Kalispell overlook conditioning, the plat for easements to access any of the n city services which the county planning and zoning office would have required a \ / developer to do. This oversight is not limited to just services. Street plugs would be a means by which the city could condition plats for road access and provide the necrssaq interconnectivity to bring neighborhood plans together and allow flow through subutban trade. These issues are also landlocldgg parcels in county jurisdiction in zoning designations that are not compatible, with surrounding uses. The Three Mile Drive area is another oxanTle. 'There is an AG-80 designation of county jurisdiction with the City of %Iisspell :uound four sides. The city pin.nni�;g could condition all of those subdivision so that, in the eventuality thdi those AG-80 parcels are required to hook up to city sen�ces, the easements are in place when the time comes. No one on tlils board would lave ever predicted the growth on'Throe Mill- D we. TIC Quarter Horgo Estates project that this board ravizwed five years ago, could have be -en a model subdivision for transition from county to city services had a closer working relationship existed between planning boards. I write this l-ater not ion thµ spirit of-rrkicism but rather as a surveyor who pia i g issues that need, in my opinion, attention at the board leve.Lc,,