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03-14-23 - SignedKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING March 14, 2023 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Board members present were Chad Graham (chair), Pip Burke, Kevin Aurich, Doug Kauffman, Rory Young, Kurt Vomfell, and Joshua Borgardt. Kari Barnhart, PJ Sorensen, and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Burke seconded a motion to approve the minutes of the February 14, 2023, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None, KPP-22-07, KZC-22-05 A request from Owl Corporation and Flathead Village Greens, LLC, for a zone STILLWATER VILLAGE change from R-2 (Residential) to R-4 (Residential) covering approximately 182.15 acres, as well as a request for major preliminary plat approval for Stillwater Village, a subdivision with eight (8) phases containing a total of 181 lots (67 detached single- family and 114 attached single-family homes) on approximately 46.78 acres in lots, streets, common areas, and land held for future development. Additionally, the plat contains approximately 20.01 acres as park area and park access (for a total of approximately 66.79 acres) to serve both the initial eight phases and future phases on the overall property that are not part of the initial preliminary plat. The property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property. The property can be described as Tracts I and 2 of Certificate of Survey No. 22183, on file and of record in Flathead County, Montana, located in the SW 1/4 of the SE % and the SE % of the SW % of Section 13 and the N'/2 of the NE '/ and the NE % of the NW '/4 of Section 24, Township 29 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-22-05 and #KPP-22-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff reports #KZC-22-05 and #KPP-22-07 as findings of fact and recommend to the Kalispell City Council that the zone change and preliminary plat for Stillwater Village Phases 1-8 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed the Traffic Impact Study (TIS), wetland setback, pedestrian access, lighting and light pollution, and issues with Highway 93. Sorensen advised that the developer is only responsible for the impact that they create and Haskins advised that the MDT is not required to move forward with the City's TIS recommendations. PUBLIC COMMENT Susan Bergstrom - 135 W Monture Ct — Owns property adjacent to the proposed subdivision - Expressed concerns about the lack of buffer between the 2 subdivisions, traffic on Hwy 93, the zone change being uncharacteristic of Silverbrook or Northern Pines, and losing her mountain views. She would like for the zoning to remain R-2. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page; Heather McDonald — 304 Fox Hollow Ct — Northern Pines HOA President — Has concerns regarding density, Hwy 93 traffic, and light pollution. She requested a speed study between Reserve Dr. and Church Dr.. Will Warberg — 102 Quail Ct — Supports Ms. McDonald's comments and requested traffic mitigation recommendations. Rodney Fowler — II5 Grouse Haven Way — Silverbrook HOA President — Is concerned for motorist safety, loss of service, increased traffic on Hwy 93, and density. He requested the Board delay their decision so staff can further evaluate and encourage all parties to collaboratively address the Silverbrook HOA concerns. Dennis Bar — 110 Sage Grouse Way — Expressed concerns for public safety due to increased traffic and stated that there are contradictions between the staff report and the TIS. He requested that this be sent back to the planning department to re-evaluate the TIS. Rob Braig — 210 Wild Pine Ct — Concerned about comments from Fish, Wildlife & Wildlife comments, the lack of detail for the entire 182 acres, lighting, and higher density for R-4 zoning. He requested plans for all 182 acres. Eric Mulcahy — Sands Surveying — Representing the developer — Provided a brief history of the parcel and advised that the developer did not apply for preliminary plat for the entire 180 acres because it would be a massive project and they could not predict the land use. He stated that that the TIS is presently under review with Kalispell Public Works and MDT. MOTION — KZC-22-05 Kauffman moved and Young seconded that the Kalispell Planning Board adopt staff report #KZC-22-05 as findings of fact and recommend to the Kalispell City Council that the zoning for the property be changed from R-2 (Residential) to R-4 (Residential). BOARD DISCUSSION Board members discussed comments regarding the zone change and how it fits in the growth policy, the traffic impact study, the buffer between the subdivisions, and street lighting. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-22-07 Young moved and Kauffman seconded that the Kalispell Planning Board adopt staff report #KPP-22-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Stillwater Village Phases 1-8 be approved subject to the conditions listed on the staff report. None. BOARD DISCUSSION ROLL CALL Motion passed unanimously on a roll call vote. KPP-23-02 BITTERROOT A request from Michael Sandefer for preliminary plat approval for Bitterroot Heights HEIGHTS NO.2 No. 2, a major subdivision containing approximately 4.2 acres. The subdivision would include 13 single family lots and park area. The property is generally located on the west side of North Riding Road and south of West Northview Loop, and includes property currently addressed as 249 Three Mile Drive. The property can be described as Parcel A and Lot IA, shown on Certificate of Survey 21303, being situated in the southeast quarter of the southwest quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPP-23-02. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page12 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bitterroot Height No. 2 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed subdivision regulations and acceptance of third - party sound study reports. PUBLIC COMMENT Eric Mulcahy — Sands Surveying — Representing the developer — Provided a brief summary of the project. Renae Solum — 33 W. Northview Loop — Expressed concerns with the location of the mailboxes and traffic on 3 Mile Drive. MOTION — KPP-23-02 Vomfell moved and Aurich seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bitterroot Height No. 2 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Kauffman, Graham, and Young stated that this is a good infill project. ROLL CALL Motion passed unanimously on a roll call vote. KA-23-02, KPP-23-03 CREIEKSIDE A request from Brent Holdings, LLC, for annexation and initial zoning of R-4 SUBDIVISION (Residential), along with a request for major preliminary plat approval for Creekside Subdivision, a residential subdivision on approximately 24.51 acres with 71 lots (35 detached single-family and 36 attached single-family), along with streets, parks, and open space. The property is located at 1111 Farm -to -Market Road and is more particularly described as Parcels C and D of Certificate of Survey No. 8903 in the Northwest Quarter of the Southwest Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-23-02 and KPP-23-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KA-23-02 and KPP-23-03 as amended as findings of fact and recommend to the Kalispell City Council that the annexation and preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board members and staff discussed sewer conditions, geotech, subdivision regulations related to buildable lots and use of alleys as the primary means of access. Young felt that the proposed subdivision did not meet the subdivision regulations. Sorensen advised that the interpretation of the regulation is consistent with to how the city has applied the standard in the last 20 or more years. PUBLIC COMMENT Nick Venturini —1145 Farm to Market Rd — Lives directly north of the property. Has concerns for wildlife impact, land use, livestock, and trespassing. Cindy Verzalik -- 951 N Camas Ln — Lives directly across from the property. Concerned about cars going in and out, traffic sounds, and losing her mountain views. Tina Venturini — 1145 Farm to Market Rd — Lives directly north of the property. Concerned about trespassing, increased traffic, and impact additional students will Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page13 have to West Valley School District. She also is concerned that a 20ft alley is not wide enough for fire trucks. Francisco Carbajal — 456 Mountain Vista Way — Concerned about water supply, increased traffic, and speed limits. Jordyn Mallet— Morrison-Maierle — representing the developer — Advised that the developer is collaborating with other developers nearby on water and sewer with the City. Andi Kitzmiller — 487 Mountain Vista Way -- Has electrical grid concerns and will lose his mountain views. MOTION — KA-23-02 Vomfell moved and Kauffman seconded recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). BOARD DISCUSSION Young could not support the application due to his interpretation of the subdivision regulations and because he is concerned that the alley width may not meet the International Fire Code width requirement. ROLL CALL Motion passed 6-1 on a roll call vote. MOTION — KPP-23-03 Vomfell moved and Kauffman seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Creekside Subdivision be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members discussed site distances, access to the subdivision, and comments regarding infrastructure, taxes, the nearby shooting range, water supply, and visualization. MOTION — KPP-23-03 Kauffman moved and Vomfell seconded to amend the conditions of KPP-23-03 to AMENDMENT include condition 36 the westernmost alley located between lots 30A/B through 34A/B and Lots 35A/B through 39A/B shall be a minimum 20 feet wide with a minimum paved width of 20 feet to provide for fire access. As a private alley, the covenants shall require that the alley be free of parked vehicles and other obstacles. ROLL CALL — KPP-23-03 Motion passed unanimously on a roll call vote. AMENDMENT ROLL CALL — KPP-23-03 Motion passed 5-2 on a roll call vote. KCU-23-01 — A RAY OF HOPE A request from Dave McLean as director of A Ray of Hope for the expansion of its facility at 46 Fifth Avenue West, which is located in the B-3 (Core Area Business) zone. The expansion involves the construction of an approximately 1280 square foot garage on the rear of the lot. The garage would include an apartment in the second story. The property was granted a conditional use permit for a private shelter in March 2005 and this conditional use permit would be considered an expansion of the prior approval. The property can be more particularly described as Lot 6 of Block 159 of Kalispell Addition No. 1, Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT Kari Barnhart representing the Kalispell Planning Department reviewed Staff Report #KCU-23-01. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page 14 Staff recommends that the Kalispell Planning Board adopt staff report #KCU-23-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed the CUP conditions. PUBLIC COMMENT Dave McLean -200 Harris Ranch Rd — Director of A Ray of Hope provided a brief summary of the program which includes multiple tests, goal setting, and counseling. He also advised that there would not be an increase in density. Rudy Kessner —134 Garden Dr -- Supports the CUP because it serves the community. MOTION — KCU-23-01 Vomfell motioned and Kauffman seconded that the Kalispell Planning Board adopt staff report #KCU-23-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members discussed the conditions of the CUP and the benefits it would provide to the community. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Sorensen advised the board that there will be no Planning Board Meeting in April. Nygren advised the board that there are 30+ bills in Helena that may affect the Planning Department function and encouraged board members to reapply if their tern is up to maintain experience on the board. URNME T The meeting adjourned at approximately 8:53pm. Lg gra ki Im 02 APPROVED as submitted/amended: tv'4, 9 t Zp23 Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page15 _ 1. . All4 Nom.. 7 _Ml 0r A 1 .� 11.• .1 ..T .10% 111% 7 + .�1 - . 1 .. 7 1 IN I �� r�. 1 ' i�7 Or 0 J