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04-08-03�i 1 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 8, 2003 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Ron Van Natta, Rick Hull, Jean Johnson, Jim Atkinson, George Taylor and Timothy Norton. Sue Ellyn Anderson was absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 30 people in the audience. APPROVAL OF MINUTES Johnson moved and Atkinson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of March 11, 2003. The motion passed unanimously on a vote by acclamation. GRANT SPOKLIE ZONING A request by Grant Spoklie to amend the Kalispell Zoning TEXT AMENDMENT Ordinance to reduce the required parking for beauty shops and barber shops. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KZTA-03-2 presentation of staff report KZTA-03-2, an amendment to the Kalispell Interim Zoning Ordinance proposed by the applicants to amend Section 27.26.050(4), Off Street Parking for Beauty and Barber Shops. Staff reviewed statutory criteria and recommended the proposed amendment be approved. She noted that from practical experience the required parking could be excessive particularly when based on the one space per 100 square feet. The amendment from requiring three spaces per operator to two spaces per operator seemed more reasonable than the current requirements. This was based on research of how other communities regulate parking for this use. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Atkinson moved and Johnson seconded to adopt staff report KZTA-03-2 as finding of fact and, based on these findings, recommend to the Kalispell City Council that the proposed amendment to the Kalispell Interim Zoning Ordinance be approved. BOARD DISCUSSION Atkinson said he saw the logic of the proposal but was concerned about the size or popularity of the shop resulting in 2 to 3 customers waiting for a chair. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 1 of 20 Wilson said this request was based on research and experience in practice. PJ Sorenson, Zoning Administrator for the City of Kalispell addressed the board and agreed that smaller beauty salons do not seem to need the extra parking. He said the additional square footage evaluation pushes the parking requirements beyond reasonable need. Atkinson said reducing the excess parking would be a positive aspect to reduce density in downtown Kalispell and this might help in a small way. Norton asked and Sorenson answered that a house converted to a beauty shop or house with mixed used would be analyzed based on square footage devoted to each business. Taylor asked if this amendment would have any negative effect on any existing beauty or barber shop. Wilson answered that she thought it would create a positive effect by potentially freeing up additional space for other uses. Van Natta said his concern was the possibility of having more than one customer in the shop with the operator at one time. Wilson said if there were concerns about inadequate parking at the one to two space ratio, the ratio. could be increased to 2.5 spaces per operator. Atkinson asked if that change would adversely affect the applicant but Wilson said she didn't think it would. MOTION (AMENDMENT) Hull offered an amendment to change the required number of parking spots to 2.5 lots per operator No second was heard and the motion died for lack of a second. ROLL CALL The original motion passed unanimously on a roll call vote. WEST VIEW ESTATES A request by Owl Corporation for an initial zoning INITIAL ZONING UPON designation of R-3, Residential, on approximately 48 acres ANNEXATION and RA-1, Low Density Residential Apartment, on approximately 10 acres upon annexation to the city of Kalispell. WEST VIEW ESTATES A request by Owl Corporation for preliminary plat approval of SUBDIVISION a 128-lot residential subdivision on approximately 58 acres. PRELIMINARY PLAT STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KA-03-8 AND KPP 03-5 presentation of staff report KA-03-8, a rehearing regarding a request for an initial zoning designation of R-3 and RA-1 upon annexation to the City of Kalispell on approximately 58 acres of property located at the northeast corner of Stillwater Road and West Reserve Drive. Concurrently, staff report KPP 03-5, a rehearing of Stillwater Estates, a 128 lot residential Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 2 of 20 subdivision filed concurrently with the annexation and initial zoning request. This project was previously reviewed by the planning board and forwarded on to the city council but was postponed because of legal issues relating to the Kalispell City -County Master Plan and adoption of the Kalispell Growth Policy. The previously adopted master plan amendment for this project was rescinded by the Kalispell City Council and has no bearing on consideration of this proposal. Subsequent adoption of the Kalispell Growth Policy provides a basis for zoning review and subdivision density. The report evaluating the proposed R-3 and RA-1 zoning is based on Urban Residential and High Density Residential future land use designations in the Kalispell Growth Policy for the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The developer would like to annex in order to receive City services. Wilson noted this property is currently zoned agricultural but will be moved to a residential City zoning designation with annexation. Staff reviewed the staff report and recommended that the Kalispell City Planning Board forward a recommendation to Kalispell City Council that the initial zoning for this property should be R-3, Residential, on approximately 48 acres and RA-1, Low Density Residential on approximately 10 acres, upon annexation to the City. Wilson reviewed the staff report for the preliminary plat for West Valley Estates also being proposed with the annexation. She noted that approximately 48 acres was dedicated to single family development with 127 lots and one ten acre lot in the area zoned RA-1. In September of 2002 this preliminary plat proposal went before the Kalispell City Planning Board and was recommended for approval on a 5 to 2 vote. However, the project was stalled before being acted on by the Kalispell City Council due to unresolved issues with the previously adopted Kalispell City -County Master Plan, changes in the state law and the Attorney General's option relating to growth polices. The rehearing of the development and planning board review of this proposal under the Kalispell Growth Policy is an administrative requirement because the previous evaluation was based on an invalid master plan amendment. Wilson noted the phasing was planned in six steps from south to north and east to west. The general land use character of this area is rural to the west and suburban to the east and can be considered to be on the urban fringes. It is notable that there are a couple of gravel pits north of this property which might produce conflict in terms of noise and truck traffic. One of the concerns identified was the potential use of a private water system from the Stillwater Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 3 of 20 Estates. She said any water system within West View Estates would be evaluated to see if it could provide the necessary capacity for fire flows and domestic use. If the private system cannot meet those requirements, then City sewer and water would be extended to the site. Another concern was a lack of connection between the parcel A and the single family subdivision. Therefore the staff is recommending a pedestrian and bike path connecting the two areas. Traffic impacts to West Reserve Drive is also a concern. West Reserve Drive is a 60 foot right-of-way right now and there is no plan to widen or upgrade it to 80 feet at this time. It is a State secondary road on a waiting list. Staff recommends a 10 foot right-of-way reservation for future acquisition in addition to a 20 foot buffer area along West Reserve Drive and Stillwater Road. The subdivision may result in 60 to 80 additional children from this subdivision for West Valley School which is already near capacity. The developer has set aside approximately 2.2 acres near the center of the subdivision for open park space. This subdivision complies with the Kalispell Subdivision Regulations. Staff reviewed the findings of fact and recommended that the Kalispell City Planning Board approve the preliminary plat of West View Estates Subdivision subject to 19 conditions in the staff report with some minor amendments: Add an additional condition to obtain a permit from the Flathead County Road Department for the new road with access onto Stillwater Road, amend item 13 and 14 to read a minimum 20 foot buffer strip instead of 25 foot. Atkinson questioned why the recommendation for a reduction in buffer and Wilson said 20 feet was the standard used for the last several subdivisions and seems to be adequate. Atkinson asked and Wilson answered that it did not include the 10 foot right-of-way reservation strip. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Erica Wirtala, planner with Sands Surveying and representing the applicant, passed out a written copy of her testimony. She said this property is now zoned County R-2, Suburban Residential. She feels homes per acre is well within that anticipated by the Kalispell Growth Policy. The single family portion is divided into six phases which could translate into 18 years depending on housing needs. Parcel A is proposed to be zoned RA-1 for residential, multi -family housing or other uses. It may become a senior citizen complex or other options within the RA-1 zoning. She addressed the concerns about the water system saying they are bringing City sewer into the site and can bring water at Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 4 of 20 the same time if necessary. She said Page 3 of the staff report says Parcel A does not have access to the park area. The site review committee discussed creating a bike/pedestrian park. She said they felt there were better options than going through lots within the single family subdivision. She said it is their intention to keep this parcel as a stand alone subdivision with different recreational needs. She said the 20 foot buffer along West Reserve might be a better choice for a sidewalk system instead of path which would cross unrestricted intersections and side lots. She asked the Board to strike the addition of condition # 12. She feels the developer has taken into consideration the concerns of the neighbors. The development has been changed so that single family homes abut single family neighbors. The developer will work with MDOT to assure that all ingress and egress comply with City and State standards. She said the State would be responsible for widening West Reserve in the future. She said regarding the concerns for West Valley school, the developer feels that because of the phasing proposed there will not be a huge impact on the school. PUBLIC COMMENT Todd Fisk, Superintendent/Principal of West Valley School, resides at 275 Gilbert Lake Road. He addressed the potential impact on the school with the growth of this development. He said the recent bond allowed the school to get all of their students out of the basement into real classrooms. The next challenge is the burden that will be created with new growth and require another bond issue for the neighbors. He said in the Pines Development years ago there were lots designated to the school for their use. The school sold those lots and it helped take the burden off taxpayers. Mark Voelker, 280 Hartt Hill Drive said this development has been compared to the surrounding area as similar and he doesn't seem the similarity. The other subdivisions are one half acre' lots with R-2 zoning instead of R-3. He didn't understand the higher density being allowed. He was concerned about burdens on the roads and schools and thought they should stay inside the higher density zoning in other areas. He felt it should be a lower density zoning. Greg Harris, 539 Three Mile Drive and owner of Grizzly Security said he is concerned about the high density. He felt it would put a burden on the Kalispell Police Department because it is further out. He felt there would be a high crime rate sooner or later with the higher density. He said a bond issue gets the school up and running but additional money is required keep it running. He was concerned about the impact on taxpayers including his family. He said the developer may have a great reputation but the density is too Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 5 of 20 high. He would like to see it similar to Stillwater Estates. He asked the Board to take more time to look this issue over. Bob Beaver, who is buying a place in Quarter Horse Estates and said the RA-1 apartment area has as much potential to produce as many children as the entire subdivision above it. Ed Weber, 1070 Quarter Horse Lane echoed the sentiments of the other gentleman. He said the density of this proposal and the next one and said the condition of the existing roads is poor. He was concerned about the type of homes that would be built there. It doesn't meet the needs of the existing developments that surround it. Kim Bly, Quarter House Estates, 230 Stillwater Road said they moved here to have smaller classes and less crime. She asked the teachers who teach Driver's Ed and they use Stillwater Road because it is not as populated. She said they are concerned about their children who are just learning how to drive and the increased traffic in the area. She is concerned about the type of housing because they are abutted up to the next. subdivision. Kathleen Nicolitz, 1030 Quarter Horse Lane, said she understands the developer's desire to develop and make money but Stillwater and Three Mile are covered with potholes. She said the schools would be impacted. She works at Home Options near the hospital and felt the addition of 200 people will make the traffic unbearable. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Johnson seconded to adopt staff report KA-03-8 as finding of fact and, based on these findings, recommended to the Kalispell City Council that the initial zoning for this property should be R-3, Residential, on approximately 48 acres and RA-1, Low Density Residential on approximately 10 acres, upon annexation to the City. BOARD DISCUSSION Atkinson asked if there was consideration to 10 feet of right of way on Stillwater and Wilson said it is not designated as an arterial. Taylor asked about page 5, paragraph 11, in the staff report which said, "this subdivision was not built to City standards" and asked what the difference was between the two properties. Wilson answered that Stillwater Estates was reviewed and approved under County standards so the lots within the subdivision are larger because they utilize on -site sewage Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 6 of 20 treatment systems and community water systems. The roads are pavement with ditching and no pedestrian access in the subdivision. Taylor asked how the lot size in West View Estates compares to those in Ashley Park and Wilson said the West View lots are slightly bigger. He noted there is no plan about doing anything to West Reserve Drive beyond 2009. Wilson said the City has limited influence over how the State prioritizes road improvements and the money is controlled by the State. Van Natta said in the growth policy the City did place a high priority on West Reserve Drive. Norton asked and the developer, Mr. Peterson, answered that the lots will be $45,000-65,000 and will be more comparable to Buffalo Stage Development. Norton asked and Wilson said the lots in Buffalo Stage were about the same size, 10,000 square feet. Van Natta asked and Wilson answered that Buffalo Stage is zoned RA-1 which is the same zoning as the 10 acres in this proposed project. Van Natta said as the growth policy was developed one of the primary goals is to set policies to try to avoid impacts to the aquifer by getting City sewer to these outlying areas. Taylor asked if Stillwater Estates would become part of the City sewer. Atkinson asked Wilson for the history of Stillwater Estates. He thought it was proposed to be on City water and sewer when it was developed and the developers chose to go forward with County zoning. Wilson said it was the staff recommendation at the time it was reviewed that Stillwater Estates be connected to public sewer. The developers opposed having to extend sewer. The commissioners allowed the developer a chance to sell some lots before requiring hook-up to sewer. The developers went back to the Commissioners and asked them to reconsider requiring the developer to attach to the sewer. The Commissioners allowed them to use private onsite sewer systems for the property. There was a note on the Stillwater Estates plat that waives protest to annexation to the City and hook up to the sewer, a burden passed on to the lot owners. Wilson didn't feel it was fair to have a SID looming over the heads of the homeowners in the subdivision after they invested in private on -site sewage systems. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 7 of 20 Taylor asked how the lots sizes compare to a City lot size. Wilson answered that City lots are approximately 7,000 square feet and these are around 10,000 square feet so these are roughly 50% larger. Norton stated that he felt the developer went to lot of trouble to answer his questions before the meeting but his initial reaction mirrors the concerns of the neighbors that this is a very high density compared to other subdivisions in the area. He felt the density is too high at this time. Wilson clarified there isn't much lot size difference between R-2 and R-3. Norton said these lots don't meet affordable housing requirements. Hull said the City and the neighbors would be sorry that there is no road connection between this subdivision and Stillwater Estates. He said there is essentially a whole City neighborhood on one road with only one alternate exit. Van Natta said he doesn't disagree with Hull. ROLL CALL The motion passed 4-2 on a roll call vote with Taylor and Norton in opposition. MOTION Atkinson moved and Taylor seconded to adopt staff report #KPP-03-5 as findings of fact and approve the West View Estates Subdivision Preliminary Plat subject to the 20 conditions with staff recommended amendments to 13 and 14 to read a minimum of 20 foot buffer strip instead of 25 foot. BOARD DISCUSSION Atkinson said City standards require the width of the street to be 24 feet with 2 foot curbs. He asked if that would allow parking and Wilson said it would not. He asked if there would be park requirements for Parcel A if it wanted to be treated as a separate development would there be other requirements. Wilson referred to the staff report, page 4 which dealt with access. She said the staff recommended to the developer to reconfigure the road to see a road connection between the two subdivisions. She said she didn't think a bike path would be a burden as a connection. She questioned the intention to separate the two communities by limiting an interconnection between the two. She did not favor that approach practically or philosophically. Atkinson wondered about parking if the park was designated as a City Park and Wilson said that would be addressed by the Park Department with the development of the park area. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 8 of 20 Taylor asked about the alternate access into this development and Wilson said it was condition 12 and dealt with pedestrian access. Taylor questioned why there was only one ingress and egress. Wilson said Taylor was talking about Stillwater Estates to the east and joining those two subdivisions. Wilson said there is no road connection unless you get further north to the top of Stillwater Estates. Wilson said at this point there is a road connection to the west, which could provide an alternate access into this property. Taylor asked if there was value in providing vehicle access to Parcel A. Wilson said there is merit and they had tried to negotiate that with the developer but were unsuccessful. It wasn't something the staff felt strongly enough about to offer a recommendation since the developer had already gone through a significant redesign to address neighbor concerns. She said she felt it was unfair to keep asking for more. She did think, however, it would result in a better overall design. Norton said he didn't think the park location, was well thought out and he agreed with Wilson that they didn't want to create an exclusive park. He said it needed to be an accessible park for the whole subdivision. He asked how cash in lieu of parkland was determined. Wilson said she agreed that the park could function better if pedestrian access was included to the park in all directions. She said the location of the park is a wonderful amenity to the subdivision because of its central location. She said the developer could make more money selling lots than putting in a park so she appreciates the park in the subdivision. Cash in lieu of parkland is assessed on the unimproved value of the area in lots. She said the assigned value being used lately has been $10,000 per acre and in this case there was no dispute over the value. Norton said he clarified he thought the park would be a great amenity to the subdivision. Van Natta said there are sidewalks all around the neighborhood and it creates great access to the area. Taylor asked and Wilson answered that on street parking has not been addressed at this time. Once the preliminary plat for the subdivision has been approved the developer will coordinate utility design including the roadway width and parking with the Public Works Department. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 9 of 20 Atkinson said he was grappling with Item 12. He felt two entrances onto Stillwater Road and West Reserve are not a good idea and there should be an access into Parcel A. MOTION (AMENDMENT) Atkinson moved and Hull seconded to amend item 12 to require a road access Parcel A going both north/south and east/west. BOARD DISCUSSION Atkinson asked and Wilson answered that the developer would lose two lots. Atkinson cited the need for fire access, ingress and egress and for maintaining a community and not individual subdivisions within a development as reason for the access. Erica Wirtala said she appreciated the concerns about interconnectedness between communities but one of their options is a Senior Living Center and increased traffic in that area would be undesirable. She clarified that parcel A would also them dump all of its traffic past two separate lots. She suggested waiting for a conditional use permit to Parcel A. BOARD DISCUSSION Atkinson said Phase 1 would already be built and then it would be impossible to add the road at a later time. Van Natta said he could see rational for one entrance to eliminate another intersection on West Reserve. He questioned the need for two entrances and wondered if it was necessary for emergency vehicles. He said the first 5 lots could be narrowed to 90 feet and there would be 56 feet of right-of-way available to get residents out of Parcel A. Taylor said he knew the Board members were not civil engineers but felt the spirit of the amendment was to take a look at making a second point of ingress and egress into Parcel A, presumably from Taylor Road. Hull said the goal is to look at the future of the City and the two neighborhoods should be joined somehow. MOTION (AMEND Hull moved and Taylor seconded to amend the amendment AMENDMENT) to require only one access from Taylor Road to Parcel A. BOARD DISCUSSION Van Natta said he felt the main purpose was to prevent another access onto West Reserve. Hull said he was looking for connection between the two subdivisions. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 10 of 20 Atkinson said the access could run east to west and not connect the two neighborhoods very well. He said the idea behind his amendment was to enter the neighborhood to avoid dumping out to West Reserve Drive and to create connectedness between the parcels. Van Natta asked and Hull answered he didn't care which way the access went he wanted to connected Parcel A to the other subdivision. Johnson said there are 1270 trips on that subdivision based on 127 houses with 10 trips each per day. Atkinson said he didn't think there was any restriction to entering onto Stillwater from Parcel A so there would be two opportunities to enter and exit. Taylor said it would be a boxed -in property if Parcel A was not connected to the rest of the development. ROLL CALL (AMENDMENT The amendment to the amendment passed on a roll call vote TO AMENDMENT) on a 4 to 2 vote with Norton and Atkinson opposed. ROLL CALL (AMENDMENT) The motion as amended passed on a 4 to 2 roll call vote with Johnson and Norton opposed. ROLL CALL (ORIGINAL The original motion, as amended passed on a 5 to 1 vote with MOTION) Norton opposed. BLUE HERON ESTATES A request by Charles and Michelle Lapp for an initial zoning INITIAL ZONING UPON designation of R-3 upon annexation to the City of Kalispell ANNEXATION on approximately 24 acres. BLUE HERON ESTATES A request by Charles and Michelle Lapp for preliminary plat SUBDIVISION approval of a 59-lot residential subdivision. PRELIMINARY PLAT MEMBER UNSEATING Johnson stepped down because his firm has been involved with this development. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-3 & #KPP-03-2 presentation of staff report KA-03-3, a request for an initial zoning designation of R-3 upon annexation to the city of Kalispell on approximately 24 acres located at the northwest corner of Stillwater Road and Three Mile Drive. The report evaluates the appropriate assignment of a City zoning classification upon annexation to the city. The developer would like to annex in order to receive City services. The property is currently used for agricultural use. There is a minimum lot size requirement of 9,600 square feet, or approximately one quarter acre, in the R-2 zoning district. She said this area has been faced a lot of development lately Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 11 of 20 and there are small pockets of agricultural zoning. She noted the hodgepodge of zoning between the urban fringes of Kalispell and the rural areas of the County, a mix of residential, suburban residential and agricultural. She said this area is generally rural in character, but right on edge of urban development. City services are being extended east of the site about one quarter mile away and would be extended to this site at the time of development. This area is designated as suburban residential in the Kalispell Growth Policy and zoning complies with this designation. The developer has initially proposed using private wells on the property. She said it " might be more efficient for the developer to extend City water to the subdivision if it comes to within close proximity. There is floodplain on the property which is in a non -detailed area, so when the floodplain maps were developed and the floodplain maps made, assumptions were made about how far the floodplain would go based on topography. She said the developer claims this area has been dry, but the FEMA maps show the floodplain. However, the floodplain area is apparently narrower that that indicated on the preliminary plat. As a consequence some of the conditions initially placed in the staff report will be revised. Staff will. look closer at the possible location of the floodplain since it is not where it looks to be on the plat. If the most of the floodplain is designated as park area, then the developer would simply have to deal with obtaining a floodplain development permit for a short segment of the road. Between Phases 1 and 3 the fire department may require an emergency vehicle route out to Stillwater Road. Staff is recommending a 20 foot buffer that would require a pedestrian and bike path along West Reserve Drive and Stillwater Road. The greatest road impact concern is the addition of approximately 500 vehicles per day on Three Mile Drive. This is a State secondary road and would be the responsibility of the State in the future. She said Condition 10 should be deleted because an additional 10 foot of right- of-way is unnecessary because it is already a 120 foot right- of-way. Staff anticipates one school age child per two homes for impact on the schools with a possible additional 25 to 30 school aged children that might be generated from this subdivision at full build out. Staff recommended adoption of staff report KA-03-3 and that the initial zoning upon annexation should be R-2, Residential, on approximately 24.38 acres. Staff also recommended approval of the preliminary plat for Blue Heron Estates, KPP 03-5, subject to the 20 conditions listed as amended with Condition #9, reading, "a 20 foot buffer strip"; Condition # 10 deleted; Condition # 16 amended Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 12 of 20 to state, "any development within the 100 year floodplain shall be required to comply with the flood plain regulations"; and add a condition that "the north end of the internal roadway be reconfigured to eliminate the dead end street." PUBLIC HEARING The public hearing was opened to those who wished to speak on the project. APPLICANT/AGENCIES Ed Engle with Stokes and Associates said he is satisfied with the recommendations as amended and they can live with them. Charles Lapp, 3230 Columbia Falls Stage Road, said he and his wife are the developers of this project and they are available to answer questions. He said he bought the property from Helen Kaeding. She couldn't split her farm because she owned less than 160 acres so she and her neighbors got together and got the zoning changed in this area. Two years ago he offered to buy this land from her and began the process of amendments and zoning changes. He said they had a preliminary plat ready to send to the County Planning Board but instead of pursuing a County subdivision they were willing to bring City services out to avoid private septic systems and to protect the aquifer. He said the higher density was necessary to pay for bringing City services out to the property. He said in his buy -sell it clearly states that he was working to develop this land as a residential subdivision. The north south road was included in thought of future connection to a future subdivision north but that may not be necessary at this point since a house is going in to the north. PUBLIC COMMENT Kenneth Van Allen of 537 Three Mile Drive said he understands higher density closer to town is good stewardship of the land. But he doesn't see it as congruent with the rest of the area and based on development which has not happened yet to the east. He said it was isolating other property in the area and creating an island. He said this is an incursion into an area that has been used differently than what this subdivision proposes. He said Mr. Lapp's intentions are not a point in fact. It is currently agricultural land. The entire section is currently developed in larger lots and divisions. This is a zoning incongruity. He is concerned about the 13 of 59 lots reside within the flood zone. It is a poor argument to assess the floodplain situation this spring because the valley has been in a drought for several years. He is concerned about the vision for the property and the possibility of this subdivision devaluing his property. He expressed his concern about 64 units within the 59 lots and the number of children that will impact the schools. A new subdivision favors the new residents with Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 13 of 20 existing property owners carrying a disproportionate burden on the current residents when bond issues come up for paying for the schools. Dan Bly, lot 14 in Quarter Horse Estates, said his property abuts the proposed subdivision and area to be annexed. He said in previous discussions the board expressed concerns about matching existing subdivisions in the area. These lots are a 20th of the size of the existing lots currently in the area. The number of people will impact traffic at the intersection on Stillwater Road and Three Mile Drive. He felt the property values will decrease for surrounding neighbors. Marcia Sharp, 543 Three Mile Drive, owns 4.1 acres on Three Mile Drive and 10 acres on Quarter Horse Lane. She said there are large lots surrounding this new area and it will change the demographics of the area. The Realtor may have been aware of Mr. Lapp's intentions but the neighbors were not. She opposes this development. Steve Fetveit, 345 Three Mile Drive, owns 16 acres and has animals on his property. He feels this is out of character with the neighborhood. If you have to force density to pay for sewer then perhaps it is being forced too hard. He is concerned about the ground water issue. He has a water rights issue regarding the small creek that goes through his property and has seen free standing water in this area. He wondered why swamps become neighborhood parks. Janice Kienas, 535 Three Mile Drive did receive the certified letter and said she has lost sleep ever since. She abuts the property and has animals. She said what happens if she wants to spread manure or someone wants to ride horses or the rooster crows. She asked what happens next —will they be in the line of complaints because they aren't part of a quiet neighborhood? She said it is a stinky neighborhood sometimes but that is the beauty of living in the country. She wants serious consideration given to the water, traffic, view and density issues. She has lived there for many years and feels it is inappropriate placement for this time. Kim Bly, 230 Stillwater Road, owns property butted up to three lots and the park. She wondered if it would affect their property. She asked if they could own horses. Her daughter cannot go to 8th Grade in the City unless she pays tuition and yet the area will be zoned as City. She was told the area of the floodplain had held freestanding water in the past. She was concerned about the traffic issues. Lynn Tripp adjoins Quarter Horse Estates to the north and has traffic concerns about the entrance onto Stillwater Road. He said he has had his cows calve across the floodplain and Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 14 of 20 it will come up as high as the fourth rail on his fence. He was concerned about creating the park in the floodplain area. He said neighborhoods use 10 times more fertilizer than farmers and it will all go into Spring Creek. He said he has been a farmer all his life and he hates to see the loss of farmland in this area and the Valley. Greg Harris, 539 Three Mile Drive, said in 1996 there was deep water in that floodplain area. He said Mr. Lapp said he was part of the Kelly Road development and questioned the quality of the homes the developer is going to build. He asked the average cost of the lots and proposed homes. He said he and his neighbors will seek legal action to stop this development. He asked who will pay for the sewer to be brought out to this subdivision. He said crime will increase in this area just like it has south of town. Michael Blend, 1069 West Meridian, is a local builder and said he has friends on both sides of the issue. He said he sympathizes with people's dislike of change. He feels this is a natural progression for the City of Kalispell. He said his clients are looking for land to build on. In Stillwater Estates the size of the lots and type of lots dictated a $250,000- $300,000 price range which is difficult for some: people to afford. He felt this subdivision might offer more affordable housing. He said developers don't cause growth they just respond to the demand. He said the developer extends the sewer and it is a large expense. He feels responsible use of the land dictates the smaller lots. He said he doesn't see a correlation between lot size and crime. He said he can understand the neighbors' concerns, it is analogous to having his in-laws move in with him. He is against on -site treatment systems and larger lots when the City services are so close. He said agriculture and farming adds a lot of nitrates into the ground as well. He encouraged the Board to approve this project. Ken Van Allen returned to address the issue of community connectedness. He said the neighbors have an issue with the lack of connectedness with the lifestyle they all have in common. Interjecting the subdivision into this mix will change that connectedness. He asked what Jean Johnson's relationship to this project is and what services he provided. Ed Weber, owns the lots that block the road north and said he came to Kalispell to make this his home and thought it would be their retirement home. They bought their home in Quarter House Estates because of the surroundings. They asked, before they bought the lot, about future development. He said he found it interesting that in Mr. Johnson's testimony earlier this evening he talked about the impact of West View Estates on traffic use. He said the school impact is already greater than what staff projected. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 15 of 20 Bob Beberg, 1324 Quarter Horse Lane, said 110 units in the West View Estates would double the traffic impact on these rural roads. One child per household would double the impact on West Valley School. Ed Weber, 190 1/2 Drake Drive, said if he had known in advance that a subdivision of this magnitude would abut his property he would not have bought this property. Tamara Arlint, 555 Three Mile Drive, is opposed to this development. She said Mrs. Kaeding, who sold her land to Mr. Lapp, is very disappointed that this is how her property is going to be developed. She said she can see the new development flowing on West Reserve but on their road this is leapfrogging. She said this area is not even annexed into the City and should not be zoned R-2 Dan Anderson, 535 Three Mile Drive, said traffic has increased dramatically in the area and he knows it will get worse. Mark Voelker, 1001 Quarter Horse Lane, said he is concerned about the density and is opposed to anything over one house per acre. He thought Mr. Lapp's proposal was unprofessional. He feels Mr. Lapp wants to change the entire infrastructure of the area and is using the planning board to do it. He said higher density creates higher pollution of all types. He said every time he does a buy/ sell he could state that he wants to build a high rise building and ask the board to approve it. He said crime does go up with density. He said he would like to see a set vision of what Mr. Lapp plans for the subdivision. He said the increased traffic would create the need for a stop light at Three Mile Drive and Stillwater Road. He said he disagreed with the builder who wanted to support Mr. Lapp's development. He applauded Mr. Lapp's concerns for the aquifer but did not like the way Mr. Lapp used it as an opportunity to push forward his proposal Phil Blandford said he owns Mr. Lapp's "sacred corner" and has concerns about the traffic and the location of the park which is near his horse pasture. He said it is a floodplain, there is water even this year during the drought. He said he is strongly opposed to the higher density Mr. Lapp is proposing Kathleen Nicolitz from Quarter Horse Lane said the motivation of the builder is financial. She said their concern as neighbors is quality of living but not financial gain. Janice Kienas said she talked to Mrs. Keating who sold the land and her intention was to divide the property into 10 Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 16 of 20 lam') acre parcels. The county commissioners counter proposed that she divide the land into 5 acre parcels because they wanted a buffer zone between urban and rural land. She agreed to sell 5 acre parcels in this area and sold one parcel to the Search and Rescue. She requested that the board honor the intention to keep the 5 acre buffer in place. Hal Bauer, 541 Three Mile Drive said the only ones in support of this development are those who will make huge money on this project. He said before the Council decides on this issue they need to come out and look at the property. Charles Lapp said when he approached Mrs. Keating about this property he made it clear what he intended to do. He said she did make a stipulation that all of the homes needed to be stick buildings. He said he did not twist Search and Rescue's arm to sell their property. He clarified that the development they have built on Kelly Road is commercial property not residential. He also built Blue Jay subdivision in Columbia Falls with 3 to 6 acres lots. He said he wished these lots could be slightly bigger but the need to bring sewer and water into the area dictates the size of the lots. He said in the growth policy, the whole idea of planning was to have larger pieces next to town as transition areas for future development. No one else wished to speak and the public hearing was closed. MOTION Taylor moved that the proposal be postponed until the next meeting April 29th. Wilson noted there are 6 agenda items on the April 29th meeting already. There was no second and the motion died. MOTION Atkinson moved and Norton seconded to adopt staff report #KA-03-3 as findings of fact and recommend R-2 zoning for Blue Heron Estates upon annexation. BOARD DISCUSSION Atkinson addressed the public and said in his 16 years on the city council he continually hears frustration from the public about growth. He said it is not anyone's fault but growth continues to happen. He said some of the concerns have to do with impacts. He said State law does not allow the board to access impact fees on developers for schools and streets. He said the Board cannot help it if someone buys the land and wants to develop it. Development is a result of supply and demand and the board's hands are tied. He said the board can say no but there are no grounds and it would elicit a lawsuit. Growth is inevitable in everyone's back yards. Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 17 of 20 Atkinson asked and Wilson answered that the dead end on the north end does not look like it will currently be extended. He asked if the road could be turned to the west for potential future growth but Wilson said it abuts a 5 acre lot and wouldn't be a practical alternative. Atkinson asked the size of Quarter Horse Estates and Wilson said they were 5, 10 and 20 acre tracts and the subdivision was built less than two years ago. Hull asked and Wilson showed where the current City boundary exists. Wilson said this is 1/4 mile or more from the City limits. Hull said the board is not the city council but they are volunteers and the public can speak to the City Council about this also. Taylor said he heard comments about whether the statutory criteria have been met on all aspects. He said it does meet the growth policy but questioned whether it avoids undo concentrations of people. He also questioned whether it gives reasonable consideration to the character of the area. He said the small lots are not in keeping with the R-2 zoning on the east and the south. He said the third statutory issue is whether it is the most optimum planning and use of this land. He said he would respectfully submit that it is not. He perceived it as small cookie cutter lots. He said where it is situated it is out of character. He said it may be compatible with the growth policy but not with the character of the area. He feels it is too dense. Atkinson asked and Wilson answered that Northview Subdivision to the east is zoned R-3 which allows 7,000 square foot lots. She said it is more dense than this proposal. The other subdivision proposed to come before the board in June is proposed to be zoned R-3 and R-4 with the same type of development. Atkinson said the City is moving out and he thinks the whole area surrounding the annexation request will expand soon. Norton stated that the board listened to the public comments and had a couple of questions. He asked Mr. Lapp the proposed cost of the lots and future homes. Mr. Lapp said they don't know the total engineering costs and sewer and water. He said he initially hoped to sell the lots for about $35,000 which would be a house of about $150,000. He said right now Kalispell has a very limited supply of small lots. Norton asked if Mr. Lapp had contacted the property owners who want to develop to the east and he said he had been in contact with them to discuss sharing the cost of bringing City services to the area. Norton said he agrees with Atkinson that a lot of the discussion has been "not in my backyard" and the board has Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 18 of 20 to do what is best for the City. He said the board is following the Kalispell Growth Policy for this area. Hull said he could hear the concerns of the neighbors and felt unsure how he wanted to vote. Van Natta said the developer does take on the cost of the utilities, not the City taxpayers. He said the school issues will be addressed by the boundaries of the school district. He agreed that this conforms with the growth policy especially since the other property is coming forward to propose a subdivision in June. He said he is inclined to approve it. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Atkinson moved and Norton seconded to adopt staff report #KPP-03-2 as findings of fact and approve the preliminary plat for Blue Heron Estates Subdivision subject to 20 conditions and amendments including 20 foot buffers, elimination of item # 10, to add a reconfiguration of the internal road on the north end to eliminate the dead end and that any development in the floodplain must comply with regulations. BOARD DISCUSSION Atkinson said he heard and listened to the audience and appreciates their concerns. ROLL CALL The motion passed 4 and 1 on a roll call vote with Taylor voting in opposition. OLD BUSINESS Wilson said the Board received a final draft of the Kalispell Growth Policy which was adopted on February 18th by the Kalispell City Council. She thanked the board for working hard on the growth policy and thinks it is a good document. NEW BUSINESS Wilson said the planning office is going to schedule a public hearing to adopt the Interim Kalispell Zoning Ordinance at the special meeting. She suggested the planning board hold a work session addressing some of the zoning issues identified in the growth policy such as the sign ordinance and highway corridor entrance standards. Norton asked about having 9 members on the Planning Board. Wilson answered that state statutes limit the City planning board 7 members. Hull said 9 members are too many. Van Natta asked and PJ Sorenson answered that if a homeowner is within the City limits and they use water and/or sewer, they get charged the full rate. If they are Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 19 of 20 outside the City there have private water meters. ADJOURNMENT The meeting was adjourned at approximately 11:55 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be a special meeting held on Tuesday, April 29, 2003. The next regular meeting will be held on Tuesday, May 13, 2003. Ron Van Natta, Jane Latus Conner President Recording Secretary APPROVED as submitted/corrected: / /03 Kalispell City Planning Board Minutes of the meeting of April 8, 2003 Page 20 of 20