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06-14-05U KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF THE REGULAR MEETING JUNE 14, 2005 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: George Taylor, Timothy Norton, Rick Hull, Kari Gabriel, and John Hinchey. Bob Albert and Bryan Schutt were absent. Narda Wilson represented the Tri-City Planning Office. . There were approximately 30 people in the audience. APPROVAL OF MINUTES Norton moved and Gabriel seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of May. 10, 2005. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. POTTOFF, ETAL ZONE A request by Potthoff, Allison and Executive Plaza CHANGE REQUEST Partnership for a change in zoning from R-4 to RA-3 on approximately 0.65 of an acre located on the south side of Fifth Street East between Main Street and Second Avenue East. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KZC-05-4 presentation of Staff Report KZC-05-4, a request by Potthoff, Allison and Executive Plaza Partnership for a change in zoning from R-4 to RA-3 on approximately 0.65 of an acre. Staff is recommending that the planning board adopt staff report KZC-05-4 as findings of fact and recommend to the Kalispell City Council that the zone change from R-4 (Two - Family Residential) to RA-3 (Apartment/Office) be granted. QUESTIONS BY THE BOARD Taylor asked if any other comments were received besides the one noted in the staff report. Wilson said no. Hull said that in looking at this there are 3 lots next to the dentist office and the 2 adjoining lots and asked if another building could be constructed there. Wilson said that they may want to do an addition, which she thought may be part of this proposal, but another building could not be built in that area. Wilson added that the property owner to the south wanted to be included in this rezoning proposal but because of the requirements for notification and publication the property owner will have to go through the public hearing process Kalispell City Planning Board Minutes of the meeting of Tune 14, 2005 Page 1 of 20 on their own. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Chad Wold, representing the applicants introduced himself and welcomed any questions from the Board, which there were none. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Norton moved and Hinchey seconded to adopt staff report KZC-05-4 as finding of fact and, based on these findings recommend to the Kalispell City Council that the request for a zone change from R-4 to RA-3 be approved. BOARD DISCUSSION Norton said that the buildings are nice and consistent with the architecture of the neighborhood and this proposal makes sense. ROLL CALL The motion passed unanimously on a roll call vote.. HUTTON RANCH PLAZA A request by Hutton Ranch Plaza Associates for an initial ANNEXATION & PLANNED zoning designation of B-2, with a PUD overlay upon UNIT DEVELOPMENT & annexation to the City of Kalispell along with the Hutton PRELIMINARY PLAT Ranch Plaza preliminary plat, a 26 lot commercial subdivision on approximately 46 acres. The property is located on the east side of US Hwy 93 south of the Mountain View Plaza development and north of the Flathead Valley Community College. STAFF REPORTS KA-05-10, Narda Wilson, with the Tri-City Planning Office, gave a KPUD-05-5 & KPP-05-12 presentation of Staff Report KA-05-10, KPUD-05-5 and KPP-05-12, a request by Hutton Ranch Plaza Associates for an initial zoning designation of B-2, with a PUD overlay upon annexation to the City of Kalispell, along with the Hutton Ranch Plaza preliminary plat, a 26 lot commercial subdivision on approximately 46 acres. Wilson noted that the reason this proposal was submitted as a planned unit development was to provide the public with some information as to what was going in at the site, limit uses that would be considered incompatible with other development in the area, and to give the public a reasonable idea that there would be consistency on the site and that it would be a high quality development. Wilson continued that it is anticipated that the PUD Phase I would be north of the internal access road and the development would start this year with preliminary engineering and construction in the fall of 2006. Phase 2 Kalispell City Planning Board Minutes of the meeting of June 14, 2005 � Page 2 of 20 would happen after they have a commitment on most of the tenant space in Phase I. The developers are interested in maintaining some flexibility on how the site would develop in the future and the phasing will depend on the market and the tenants. Another reason that the developers came in with a PUD was that the theater would anticipate a grand entrance that would be 50 feet, or so, in height. The hotel may be up to 60 feet in height with a gabled roof. The zoning in B-2 limits the standard height to 45 feet and allows the height to be extended to 60 feet with a conditional use permit. The PUD will eliminate the need for the developer to have to go back through this process again for a conditional use permit in order to gain the additional height on the structures. Wilson said that a traffic study was included in the packet and would go through MDOT's Systems Impact Process that would identify the issues and mitigation required by the developers. The accesses are subject to approval by MDOT and one, both, or all of the accesses could be changed as a result of DOT's analysis. Wilson reviewed the parking requirements for the project and added the requirements are based on the standards of the City of Kalispell. Basically all of the internal access roads and the parking areas would hold cross -easement agreements between the tenants based on the CCR's and would be commonly maintained. The preliminary plat would require the infrastructure to be completed prior to final plat or selling of lots. Wilson said that MDOT has been talking about including a road to.the south of West Reserve Drive from the Kalispell Bypass that would connect to the internal access road as indicated on the site map. Wilson said there is a roadway that would be extended south to the property that is being retaining by FVCC and there is a condition that would require that this road be developed as a frontage road and approved by the City. It would connect with the college and prevent the need for another access onto Highway 93. The Site Review Committee is recommending that there be a connection road to the Mountain View Plaza site to the north and recommended that a condition be added indicating that a good faith effort be made to provide access to the north that would create some connectivity between the 2 projects. Wilson indicated that there is a willingness between the developer and the property owner to the north to provide that connection. Wilson suggested that Conditions 9, 10, 8s 12 be consolidated into one condition that would read, "That landscaping be completed in substantial compliance with Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 3 of 20 the plan that was submitted and would be subject to review and approval by the Parks 8. Recreation Department. This would include landscaping along the highway, internal public street, internal access road, parking lots and common areas." Wilson added that then the other 3 conditions would be completely stricken and replaced with one condition. Wilson said that Board Member Hinchey had a suggestion on the amendment of Condition 15 that would read, ".....cut-off lens that does not shed light above 20 degrees below the horizontal plane." Norton asked if the amendment would comply with the proposed Lighting Standards. Wilson said yes and it is also what was done with the Lowe's site. Hinchey said that a further amendment to Condition 15 would be that in accordance with the proposed Lighting Standards, "No more than .5 foot candles of light are permitted at the edge of the site." Taylor said that in previous meetings they had discussions regarding the lighting that exists at Lowe's that appears to be much more agreeable than at Home Depot and asked if this condition reflects more of the Lowe's philosophy. Wilson said it is consistent with the lighting at Lowe's and will also be used at the Costco site. Wilson said as a result of the Site Review Committee suggestion Condition 20 should be added to read, "That a good faith effort be made by the developer to provide access to the property to the north to provide connectivity between the sites." Wilson noted that a letter in opposition was received from American Dream Montana, Russ Crowder, Chairman, dated June 14, 2005 relating to whether or not this was an appropriate use for this property. The letter questions the legality of the Planning Board to simply annex this property and zone it B-2 commercial based on that it doesn't comply with the land use map for the Growth Policy. Wilson said that in response the Growth Policy is not a regulatory document but a guideline/policy document and as properties are developed they need to be considered in the context of change and the context of the overall document itself. If they were simply looking at the color on the map life would be much easier. Wilson continued that the Growth Policy explains that, like the text, the color map designation is part of the Growth Policy and is intended to indicate generalized rather than exact locations for anticipated future land uses. With regard to this corridor some of the things that have Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 4 of 20 changed are commercial growth, extension of utilities and the location. of the high school and bypass, and now the location of the new fire station, which will be across from this project and will rely on the same controlled intersection for fire service. Wilson added that Mr. Crowder's analysis and conclusion is misplaced. Staff feels confident that this project complies with the Growth Policy and will be a contribution to our community as a whole. Staff is recommending that the Board adopt staff reports KA-05-10 & KPUD-05-5 as findings of fact and recommend to the city council that the properties be zoned B-2, with a PUD overlay, upon annexation, subject to the amended conditions. Staff is also recommending that the Board adopt staff report KPP-05-12 as findings of fact and recommend to the city council that the preliminary plat of Hutton Ranch Plaza be approved subject to the same amended conditions as the PUD. QUESTIONS BY THE BOARD Norton asked if any further consideration has been given either by the developer or staff regarding the, easement through the property to the Stillwater River as was discussed in a workshop held by the Board. Wilson said that she spoke with the developer and they are aware of the request and will address the easement in their presentation. Hull asked Wilson to explain the merging of the 3 landscaping conditions, which Wilson did. Hull said that under the amended condition they would still be subject to the plan that the developer submitted. Wilson said yes, as well as the Parks & Recreation Department reviewing the plan to ensure that it complies with the City's standards. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PUBLIC COMMENT - Phil Harris, 360 Tetrault Road in Kalispell stated that he is APPLICANT/AGENCIES delighted to be here as a representative of Hutton Ranch Plaza and a new resident of Kalispell. Harris said that if and when they build this shopping center it will be a labor of love on his part and a positive addition to the community. Harris said that they have had a lot of time to deal with this project and staff. Staff has been tough, fair and extremely dedicated to the process of preserving that which they believe Kalispell deserves. Harris said he is concerned that if they have a condition Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 5 of 20 that would force them to merge their property with the property to the north it could cr6ate problems for them because it is privately owned. Harris has had conversations with the owners of Mountain View Plaza, however, he has not come to them with the possibility of the Planning Board telling him that he can build a 46 acre shopping center if and when they would allow that an access be placed on a very steep hill to join the properties. Harris has no problem agreeing with the condition as stated indicating a good faith effort would be made to attempt to get that done. However, if there is a problem from an engineering perspective that would prevent them from accomplishing the access and he wouldn't be able to promise that it would be built. Harris said regarding the extension of Hutton Ranch Road, the east -west road that aligns .with the Costco Road, they were approached by DOT regarding the plans for the bypass and DOT indicated their interest in connecting the Hutton Ranch Road to the bypass both to the west and the east, to widen the bridge over the Stillwater River, and put a lighted intersection at Hutton Ranch Road. Harris told them that when he purchased the property his .intention was to develop residential property at that location and so long as the road would be placed in a position that would allow that development he would have no problems with that proposal for the road connection. However, Harris said that the way this project has grown has been the result of negotiations with the college in which the 90 acres that he currently owns behind this project will be traded to the college in exchange for 25 acres adjacent to 21 acres on Highway 93 adjacent to Target. Harris had a conversation with Jane Karas, FVCC who also had a conversation with the DOT engineers and he doesn't think that she was in a position to say yes absolutely we can do anything, but certainly she indicated to him that they were open. As a result of that conservation he has executed a document that allows the engineers to go in, survey, and come back with a proposal which could happen right away. Harris noted that the bypass might not start for another 3 years but DOT felt that it would take a lot of the load off the Highway 93 - West Reserve intersection. John Engebretson, Chairman of the Board of Trustees of FVCC stated that FVCC supports both requests by the Hutton Ranch Plaza 8v Associates. They believe that their proposed use is in the best interest of the City and the use would also compliment the services provided by the college. No one else wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 6 of 20 MOTION - ANNEXATION AND Norton moved and Taylor seconded to adopt staff reports PUD - HUTTON RANCH KA-05-10 and KPUD-05-5 as findings of fact and PLAZA recommend to the Kalispell City Council that the zoning of B-2, with a PUD overlay, upon annexation, be approved subject to the conditions, as amended. BOARD DISCUSSION Hull asked Engebretson what the college felt about the road. Engebretson responded that it was not discussed by the college board at all. Hull said that this Board has discussed it and he wanted to let the college know that. Gabriel asked whether the Stillwater River would be considered an environmentally sensitive area. Wilson said the river is a long distance from this project. Gabriel asked about the signs and whether the heights were going to be the same as they are at Home Depot and Target. Wilson said that the reason that there was so much discussion regarding the Home Depot sign is because they wanted a variance to the sign regulations for a bigger sign and the City did not approve the variance. Wilson said that she is sensitive to the size of signs and what is proposed will be in good taste. It may seem large but it is consistent with the scale of the project and based on the number of major tenants that are going to be there. Wilson added that the sign will be set back 51 feet from the property boundary so it will not be right along the highway. All the signs for the 3 projects in this area comply with Kalispell zoning, with the Spring Prairie project having something that is more restrictive than what the sign ordinance would allow. Norton said that this is the most comprehensive plan that he has ever seen. Every question he could come up with was answered. Even though the council has tabled this Board's recommendations for Architectural and Lighting Standards this proposal addresses those standards and is attempting to be compliant. Even though they may be too late regarding the easement on the college property this Board is trying to be proactive. Norton said that it is an excellent location for an excellent project. Hull said commercial aspects aside if he can speak for the Board they have been concerned about landscaping, access, and preventing the sea of parking. The location is good and won't interfere with the bypass. Gabriel asked if there is any possibility that the light at the Costco Road would not be installed. Wilson noted the road intersection will be shared by Costco, the new City fire station, this project and the connection with Reserve and the bypass and it would be pretty unlikely that the light Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 7 of 20 would not be allowed. Gabriel asked if the road into the college property would be a new access road because she said there is already a bottleneck in the morning with DNRC and the college turn lane and she is concerned with the idea that there will be another road further north than the current north college exit. Wilson clarified the access points for the Board. Keith Beldon, Morrison Maierle, Missoula Office at 306 West Railroad Street, Ste 105 stated that the Costco signal, when turned on, will eliminate a DNRC access, which is a requirement of their Limited Access Agreement and the approval of the signal. Signalization will help alleviate some of the conflicts that were being discussed. Taylor said that he was struck by the attitude in the PUD wherein the applicant said at the time of submittal that the new City Lightingand Architectural Standards have not yet been approved or enacted, however, Hutton Ranch Plaza Associates is aware of these standards and will design this project with these standards in mind. Taylor said that this is one of the finest and most articulate plans that he has ever seen since sitting on this Board. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION None. MOTION - PRELIMINARY Gabriel moved and Hinchey seconded to adopt staff report PLAT - HUTTON RANCH KPP-05-12 as findings of fact and recommend to the city PLAZA council that the preliminary plat of Hutton Ranch Plaza be approved subject to the conditions, as amended. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION None. KALISPELL FIRE STATION A request by the City of Kalispell for preliminary plat NO. 62 PRELIMINARY PLAT approval of Kalispell Fire Station No. 62, a one lot subdivision containing approximately 2.154 acres. The property is located on the west side of US Hwy 93 and north of Four Mile Drive. STAFF REPORT KPP-05-10 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KPP-05-10, a request by the City of Kalispell for preliminary plat approval of Kalispell Fire Station No. 62, a one lot subdivision containing approximately 2.154 acres. Wilson said that the City of Kalispell has been working on a Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 8 of 20 northern fire station for at least 5 years. A bond measure was passed last fall for construction of the fire station which led the City to this site. The City of Kalispell will be entering into a long-term easement with DNRC for this site. The surrounding uses are Costco to the east, the youth athletic complex to the south, and undeveloped DNRC property to the north and west. The access to the site would be from the Highway 93 intersection with the east - west roadway. The subdivision would need to be developed in accordance with City standards and the roadway will eventually become a City street. Discussions are ongoing as to whether or not this access road will eventually be extended to the bypass. Staff is recommending that the Board adopt staff report KPP-05-10 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed in the staff report. QUESTIONS BY THE BOARD Norton said that it appears that this will just be a site for the station and that there would not be any training done on site. Chief Brodehl said yes, training is a component of the building and he described the facility in detail. Brodehl stated that they are diligently, working with our U.S. Senators for funding for a training facility possibly on campus across the road but that has not been approved. Currently their training facility is the parking lot at Kid Sports or behind Target. Brodehl said that they have notes from the 60's recognizing the need for this station. It is an opportunity for our community - your fire department - to move ahead on a project that was a dream for a lot of years and they appreciate the support of the community in November and the Board's support tonight. Hinchey asked if it wouldn't be more ideal for the station to be located on the highway. Brodehl responded that .they prefer about 300 feet from the highway because they want to be able to control the traffic light through a strobe system on the fire engine. That allows traffic to come to a complete stop before they enter the intersection. If they sit right on the highway they have a higher incident of accidents. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PUBLIC COMMENT I No one wished to speak and the public hearing was closed. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 9 of 20 MOTION Gabriel moved and Hinchey seconded that staff report KPP- 05-10 be adopted as findings of fact and recommend to the city council that the preliminary plat be approved subject to the conditions listed on the staff report. BOARD DISCISSION Gabriel said that Chief Brodehl and his crew worked hard on this project and it is nice to see it finally come into being. The architects have done a fine job. Taylor said that this is an exciting time to be part of the process and he shared that view. Norton said that the citizens of Kalispell have actually already voiced their support on this issue. ROLL CALL The motion passed unanimously on a roll call vote. NEW WEST PROPERTIES A request by New West, LLC for an initial zoning ANNEXATION, CONDITIONAL designation of R-3, a request for preliminary plat approval USE PERMIT AND of Autumn Creek Subdivision, a 27 lot residential PRELIMINARY PLAT subdivision, and a request for a conditional use permit to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed Autumn Creek Subdivision The property is located north of Hwy 2 West, on the east side of Hathaway Lane on approximately 8.694 acres. STAFF REPORTS KA-05-8, Narda Wilson, with the Tri-City Planning Office, gave a KPP-05-9 & KCU-05-6 presentation of Staff Reports KA-05-8, KPP-05-9 and KCU- 05-6, A request by New West, LLC for an initial 'zoning designation of R-3, a request for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision, and a request for a conditional use permit to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed Autumn Creek Subdivision. Wilson said that in looking at the zoning, this property is on the urban fringes of Kalispell. The developer plans to extend utilities from Greenbriar Drive to the northeast through the City park area and obtain an easement from DOT through their property and the bypass corridor. The bypass cuts off the northeast corner of this site. Wilson continued that the Growth Policy designates this area as suburban residential or up to 4 dwellings per acre. The creation of 27 lots on 8.65 acres creates a density of approximately 3 dwelling units per acre. In talking to the developer they initially discussed an R-2 zoning designation but lot width created problems with the design. The developer decided that an R-3 would better serve the density they wanted, and because it complied with the Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 10 of 20 Growth Policy for the area, staff supported the R-3. Staff is recommending that the planning board adopt staff report KA-05-8 as findings of fact and recommend to the Kalispell City Council that the property be zoned R-3 upon annexation. Wilson said regarding the preliminary plat the subject property is about 1100 to 1500 feet from the Highway 2 West access along Hathaway Lane. The developers are proposing an internal access road that essentially ends in cul-de-sacs. There are 27 lots in the subdivision with 6 of the lots designated for two -unit townhouses. The rest of the lots in the subdivision will be single family. There is an open/wetland area that would be set aside as an undevelopable portion of the site. Wilson noted that there is a significant portion of 100-year floodplain on this property. She said that this is what is called a non -detailed study area of the 100-year floodplain and they don't know what the base flood elevation is for this area. As part of the process after the developers get approval they will have to make application to FEMA to amend the floodplain map to determine exactly what the base floodplain elevation is and where the 100-year floodplain lies. Wilson said that a recommendation is that no lots be pre -sold until the floodplain study is complete. Wilson continued that there is a significant wetland on the property and a culvert that goes under the roadway along the north portion of the site. Depending on where the floodplain is defined a section of this road may encroach into the 100-year floodplain. Wilson suggested that a condition should be added to the preliminary plat and conditional use permit that would require a Floodplain Development Permit and a permit from the Flathead Conservation District in order to work in the culvert area. Wilson said the access road is Hathaway Lane, a County road that is in fair condition. It has a pavement width of about 22 to 24 feet and there are no sidewalks, curbing, or landscaping. Hathaway Lane accesses onto Highway 2 and staff has added a condition that the developer contact MDOT and the County Road Department with regard to improvements to that access and requires that they obtain a letter from MDOT and the County stating that those improvements have been completed prior to final plat submittal. The County Road Department will have to approve the new access onto Hathaway which currently experiences fairly light volumes of traffic. With the traffic from the proposed subdivision the traffic on Hathaway would probably double. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 11 of 20 At a minimum staff is recommending that a waiver note be placed on the plat protesting the creation of a special improvement district for the upgrade of Hathaway Lane to City standards at some point in the future. Wilson said that this property has some significant habitat for birds, cattails, and grasses. It is very wet and lush and is not dry at any time of the year. The developer has attempted to limit impacts to the riparian area by creating a 1.85 acre area that would be owned and maintained and conserved by the property owners within the subdivision. Drainage would have to be addressed with on -site retention of stormwater which would be reviewed and approved by the Public Works Department. The utilities are coming from the northeast down through State-owned property and would be extended to the furthest boundary of the subdivision that would allow for the logical future extension. Wilson has been contacted by at least one property owner in the area who may be interested in connecting to City water and sewer once services are available. State and local subdivision regulations require 11% of the area in lots be set aside for parkland or otherwise addressed through cash in lieu. The area in lots is 5.24 acres generating a requirement for .58 of an acre in park. The developer would like to use the designated open area on the preliminary plat to satisfy the parkland dedication requirements. The Parks and Recreation Director has stated that the passive open space doesn't fulfill the park requirement for subdivision and that he would like the developer to work with the City to develop a plan for parkland development or cash in lieu. There is a condition in the recommendation that addresses the parkland requirements. If cash in lieu of parkland dedication is determined to be the appropriate alternative it is based on .58 of an acre valued at approximately $25,000 an acre or the amount $ 14,500. The Kalispell Bypass is proposed at the northeast corner of the subdivision. Staff is recommending that a note be placed on the plat that this area is reserved for future right-of-way acquisition. Staff is recommending that the planning board adopt staff reports KPP-05-9 as fording of fact and recommend to the Kalispell City Council that the preliminary plat of Autumn Creek Subdivision be approved subject to the conditions listed in the staff report with the addition of a condition to read, "`A letter from the Flathead Conservation District shall be submitted with the final plat stating that a permit has been obtained for work in the wetland area and that the Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 12 of 20 terms and conditions of the permit have been met." Wilson noted that a letter was received from the owners of parcel 6DHA who had concerns regarding the impacts to Hathaway Lane, improvements to the intersection along Highway 2, and that the environmentally sensitive areas are protected. Wilson added that she spoke to a property owner to the north who had a request that some kind of buffering be provided between his property and the subdivision. Wilson noted that this was addressed in the conditions. Wilson said the last item relates to a conditional use permit for the creation of the townhouses in the subdivision. The R-3 zoning allows the creation of townhouses subject to some provisions. There were 27 lots proposed in the subdivision which meets the density requirements that would be allowed under the zoning for the creation of the two -unit townhouses. Staff is recommending that the planning board adopt staff report KCU-05-6 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be granted subject to the amended conditions, and that those conditions be consistent with the preliminary plat. QUESTIONS BY THE BOARD Taylor said under Condition 14, what enforcement power, if any, does Kalispell have to move MDOT along in a timely manner. Wilson responded that it would be up to the developer to work with MDOT regarding the issuance of that permit and to identify what improvements, if any, would be needed. Taylor said that he was concerned regarding the letter dated April 5th, from 16 of the residents, who voiced a great deal of concern over Hathaway Lane and the intersection with Highway 2. Taylor asked Wilson if Condition 14 fully addresses their concerns. Wilson didn't think that there was anything more that they could do to further address it. Hull asked if there was a limit on how long a road could be that wasn't looped and a dead end road. Wilson said that she met with the Fire Chief Randy Srodehl on this matter and the subdivision complies with their standards. Norton said that he feels that staff is hesitant about this subdivision. Wilson said no, she thinks that this is a good subdivision with a good design. With the development some kind of park area it would be better. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 13 of 20 PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Michael Javorka stated as the owners of New West Properties, LLC, he and his wife have presented for the Board's review and consideration the property Autumn Creek. The property provided them an opportunity for investment into a project that they believe benefits the City by providing successful infill in accordance with the future growth plan and design. It also takes the land into a more environmentally appropriate use with respect to both waste and water and a chance to secure the marsh areas for clean water and wildlife habitat. They have been residents in the Flathead for 25 years and currently reside within the City. His wife has been a classroom teacher in District 5 for 18 years, all of those within the Peterson Elementary School in which this neighborhood falls. They have been active on various civic and conservation boards and committees. As they moved into development on this property their concern and interest, all along, has been to create a subdivision that provides a true sense of neighborhood and one into which lot design, covenants and infrastructure are based on the highest possible appropriate standards. He has appreciated the help of the Tri-City Planning Office and has found them to be extremely approachable and they have provided him with a lot of guidance throughout. As they submit their project they appreciate the Board's review efforts. Javorka continued that when they began their fact-finding the land as it lays right now is within the County. If it remains within the County their feeling was that the only use other than the existing pasture land or agricultural land would be in low density residential similar to what is there now. This would mean that if the land went from vacant to residential it would be in the form of septic approval and the drilling of more wells. Given what Planner Wilson had already shared he felt, especially with the ability to bring the utilities through the easement and attaching it to the City made good sense as far as the environmental aspects with the project. Javorka said that he is aware that there are developers working in the areas southeast of their project with designs for additional home sites with wells and septic. Javorka met with some of the neighbors including Lyle Bartlett who owns the property immediately to the north of this project, the owners of Flathead Janitorial, Mr. 8v Mrs. Parsons, and Mark Noland, and discussions included the possibility of future subdivision of those properties. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 14 of 20 Javorka said they are taking the first step and pioneering the first neighborhood in this area adjacent to the City. Relative to the traffic they are interested and willing to do it correctly. He was extremely pleased with the discussions with MDOT and he feels that there will be cooperation to improve the Highway 2 intersection to make it safer. There are a lot of neighborhoods that open onto less than ideal highway situations but they stand willing to work with the State and County for both Hathaway Lane and the access on U.S. Highway 2 West. Bill Boger, Thomas, Dean & Hoskins stated the floodplain study has been completed and the floodplain elevation that they submitted to FEMA was elevation 2961, which is 2 feet below the top of the bank on the development side of the floodplain area. He spoke with the FEMA reviewer and they have begun their review of the study and anticipate an answer back within 60 to 90 days. Boger said that they received a letter from the MDOT that states "The subdivision will not have a significant impact on the existing system. However, increased traffic will provide incremental impacts that will reduce the productive service life of U.S. 2, west of Kalispell." Boger said that they have received a timely response from MDOT and they are willing to work with them in conjunction with the intersection but Boger added, MDOT does not have a major concern regarding the intersection at U.S. Highway 2. Boger continued that in regard to the parkland dedication he has the reviewed the section from the City subdivision regulations and the amount of wetland that would be set aside as open area exceeds 20% and approaches 25% of the entire parcel. They are asking that this exception be exercised as it is a wetland, which is a critical wildlife habitat. Boger said that they are concerned with the bypass corridor in the northeast corner. From a legal standpoint of establishing a plat, MDOT has not identified the length that they will acquire as part of the bypass right-of-way so it is difficult to designate the exact area of what would be set aside for the bypass. What was shaded on the submittal is simply a best guess at this point. The person buying those parcels would be buying an undefined amount of land and Boger asked if the Board could modify that condition. They are, however, aware that MDOT will be purchasing that as part of the bypass right-of-way. Taylor asked Boger if he was saying that without knowing what the boundaries are for those parcels they would still consider selling those properties to a willing buyer but the buyer won't know what his exact lot size is. Taylor asked Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 15 of 20 are you going to sell them or withhold them from sale? Boger said that those 2 parcels would have to be withheld from sale until that can be identified. Taylor said that in other words you agree with that condition. Boger said absolutely, there does need to be some designation that those properties will be subject to the MDOT'right-of-way. Javorka said he wanted to address Mr. Bartlett's property and said that they would be quite willing to provide a buffer along his property to the north. To clarify the parkland issue he said that they feel that they are in compliance, however, it is not a deal -breaker. Whether it would be to redesign the space into actual parkland or make the cash - in lieu payment. PUBLIC COMMENT Lyle Bartlett, 33 Hathaway Lane, Kalispell stated that he owns the property north of this development. One of his concerns is where the proposed subdivision road would pass over the creek there is a culvert and he has a deeded right for the water. The outtake is located at the southeast end of the culvert and the pipe has to be taken out in the winter, and the silt removed periodically so he is concerned that he will not be able to access the culvert site andthen there will not be enough water to pump. He also requested that some sort of buffer be installed along the property line. Bartlett said he has concerns regarding the traffic and safety at that the junction with Highway 2. Norton asked if Bartlett was interested in subdividing his property. Bartlett said not at this time. Mark Noland, 8 Hathaway Lane stated that he owns Flathead Janitorial and 3 parcels behind it, west of this proposed subdivision. Noland said that he is in favor of this project if it will correct and help facilitate access onto Hathaway Lane. He has been in business there 20 years and has seen many accidents. They have petitioned for work to be done on this intersection before, without any result. With his business there they access this road hundreds of times a day, and his children drive this road and he hoped that this would trigger the needed improvements to the intersection. He also said that he may be interested in the future development of his property. Taylor commented that Mr. Boger said that the MDOT representative does not have a concern with this intersection. Does it mean that they don't think it is a big deal or that they won't be involved? Boger said that MDOT doesn't see a significant impact from the additional traffic that would be generated. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 16 of 20 Wilson clarified that she felt that the letter meant that the volume of traffic generated onto Highway 2 as a result of this subdivision will not significantly impact the level of service that the road provides. She doesn't think that it was saying they don't think that there are any warranted improvements to the intersection of Hathaway and Highway 2. Taylor asked who is carrying the ball. Wilson said MDOT and the County. Valerie Parsons, 92 Hathaway Lane stated that she realizes growth happens whether you like it or not. They are so close to town but the very minute that they heard about this she thought about the road because it is dangerous. Her solution is to try and approach a landowner further down so that there is more than one exit so that it wouldn't quadruple the traffic on the road. Parsons said that it is something that needs to be looked at and she would like to see a park happen for the people who will be boxed in because they will be going onto everyone else's property if there isn't a park. The traffic is bombing down Hart Hill and they often drive down to Gateway West and turn around and come back. Parsons encouraged the Board to be proactive and look at all of these issues. Carol Collins, 19 Hathaway Lane stated that she is confused about the statement that MDOT said it will not have a negative impact on Highway 2 West and then she heard that they don't see any problem with the intersection. She sees the same problems with the intersection for the same reason that Parsons does. At times she has to wait 5 minutes to get on the highway. Collins also was confused on how the homeowners would maintain the wetland which doesn't seem like it should be the responsibility of the homeowners. Collins asked where the cash -in -lieu of parkland money would go. Taylor said that the money would go to the City of Kalispell and the City would determine theybest application for the funds. Leah Lindsey, 13 Hathaway Lane stated that their first concern is the road. As you are coming down Hart Hill there are a lot of truckers who use the highway, gearing down and they are flying. They are scared to let their children walk to school, the busses won't even use the road and it is difficult to get our kids to school. It is`a very steep curve coming out from Hathaway onto Highway 2. There is really no where to widen the road and they are concerned how they will get off and on the highway especially if the traffic is quadrupled. There are a lot of accidents there. Lindsey also requested an EIS be developed to address the wetlands. They are concerned about water drainage, damage to their property and their wells. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 17 of 20 No one else wished to speak and the public hearing was closed. MOTION Taylor moved and Gabriel seconded to adopt staff report KA-05-8 as findings of fact and recommend to the city council that the initial zoning designation of R-3 be approved subject to the conditions listed. BOARD DISCUSSION Hull said that he sees a number of problems with this subdivision. It is on a dead end road and he didn't see any way for an access through to Two Mile Drive. There are serious problems with the access onto Highway 2 and 2 of the lots are in the bypass. Hull said that the townhouses make the project fairly dense. Not only would they need a 310 permit from the Conservation District but the Corps of Engineers would be interested if anything was done to the creek. Hull said he doesn't think it is a well designed or thought out subdivision. He feels that it would be a potential and constant problem for the City and the Board would be sorry that they approved it. Hinchey agrees with a lot of what Board ,Member Hull said. He said that it seems to be one long cul-de-sac off of U.S. Highway 2, which doesn't feel right to him. There are problems with the parkland and he can't see putting an additional 300 trips a day on that road. If we approve this we would be, putting the cart before the horse. It these issues were addressed he could support it but not at this time. Gabriel said that she is struggling with this proposal. The Javorka's are victims of their surroundings. She likes the idea of the proposal but doesn't think that it will fly because of the parkland issue and the safety on the road. She sees the Board creating a potential nightmare. Gabriel asked if there were any comments from Public Works. Wilson said that what the County would do is swap maintenance responsibilities for these outlying areas. The City is less than a 1/4 of a mile from this site. Wilson said that Public Works did not express any concerns regarding their ability to maintain these roadways. Gabriel said that she is having difficulty making a comfortable decision to proceed. She said that there are enough questions to support Hinchey's statement that they are not there yet. Norton stated that this is a very well put together packet which answered a lot of his questions. Unfortunately it doesn't sway him from his initial concerns which are with the roadway, density, and the wetlands. He knows some of the properties out there and what people had to go through to put in septic systems. He feels it would be a benefit to transfer over to City services but the other issues outweigh Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 18 of 20 C� this benefit. Norton said that R-3 is too dense for this area and he would like to see a cluster development instead which would alleviate his concerns because it would reduce some of the impact, provide open space, and reduce the impact to the roadway. Norton said that he doesn't know how beneficial it would be for development in this area until Hathaway is improved. Norton said if the issues were addressed and the developer came back with a lower density he probably could support it. Taylor said that his comments echo what has been said. Taylor said that there are too many unanswered questions regarding floodplain, wetlands, roads, and the bypass. The letter signed by 16 residents on April 5, 2005 creates a picture that you can't easily put out of your mind. Taylor said that he wouldn't live there unless he was sure that the intersection with Highway 2 was safe. He would like to pin MDOT down and see a plan before he would review it again. ROLL CALL I The original motion failed unanimously on a roll call vote. BOARD DISCUSSION Wilson asked if some of the concerns could be addressed by conditions, or if there would be an alternate zoning to recommend that would be applied to this property that would reduce the density. Wilson said that what the planning board is recommending to the City Council is that the R-3 is not recommended. . Taylor said what they are saying is they would welcome another review of this matter if some of their concerns were addressed. Wilson suggested that the project be tabled to a specific date or continue the project until such time as the developer can provide them with the additional information that they are looking for. It the Board decides not to table or continue the proposal they would need to pass on a recommendation to the council regarding the preliminary plat and the conditional use permit that would be for denial. Then it would be left up to the Council for a decision. Taylor said that the Council would depend on us for a firm recommendation. MOTION Gabriel moved and Taylor seconded to continue the annexation, preliminary plat, and conditional use permit for the Autumn Creek proposal, until such time as the developer has acquired the information that the planning board is looking for, related to those issues that were identified. Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 19 of 20 C) ROLL CALL The motion to continue passed unanimously on a roll call vote. OLD BUSINESS Taylor met with City Manager Jim Patrick regarding the Board's concern that the Redevelopment Incentives, Architectural and Lighting Standards, and Sign Regulations have been held up with the City Council without action. Mr. Patrick apologized and stated that the Council was focusing on the budget at this time and when the budget is fmalized those items will have the full consideration of the City Council. The Board agreed that this was a good way to approach their concerns. There was some discussion regarding the Montana Venture Partners annexation of property south of the city along Demersville Road. Wilson added that this item will be discussed in detail at the planning board hearing June 21, 2005. NEW BUSINESS There was no new business. Wilson noted that next month's agenda is light. ADJOURNMENT The meeting was adjourned at approximately 10:15 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, June 21, 2005. Michelle Anderson Recording Secretary APPROVED as submitted/corrected: '_/ I 'a-/05 Kalispell City Planning Board Minutes of the meeting of June 14, 2005 Page 20 of 20