Loading...
04-09-24 - SignedKALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING April 9, 2024 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Rory Young, Joshua Borgardt, Kevin Aurich and Tim Stocklin. Doug Kauffman and Pip Burke were absent. Jarod Nygren, PJ Sorensen, Kari Barnhart, and Kirstin Robinson represented the Kalispell Planning Department. Keith Haskins represented the Public Works Department, APPROVAL OF MINUTES Borgardt moved and Aurich seconded a motion to approve the minutes of the February 13, 2024, meeting of the Kalispell City Planning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-24-02 ANNEXATION A request from Cindy and Steven Radosevich for annexation and initial zoning of RA-1 (Residential Apartment) for property located at 255 Three Mile Drive at the northwest corner of Three Mile Drive and North Riding Road. The annexation would allow the property to connect to city sanitary sewer. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-24-02. Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-24-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). BOARD DISCUSSION None. PUBLIC COMMENT Brandon Thornburg —150 Tronstad Rd — Asked if they will connect to City water & sewer. Haskins advised that they will be connecting to sewer but may stay on their well. MOTION — KA-24-02 Young moved and Aurich seconded that the Kalispell City Planning Commission adopt Staff Report #KA-24-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KGPA-24-01, KA-24-03, KPP-24- Frank Garner and MT Seven Properties have submitted applications for Tronstad 01 Meadows and Whitetail Crossing, including requests for (1) a growth policy amendment extending the city annexation boundary to encompass this property; 2 annexation; 3 initial zoning of R-3 (Residential); and 4preliminary plat Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page II approval for 380 lots on approximately 110.5 acres, including lots, roads, and common areas. The property is located on the north side of Tronstad Road between Highway 93 North and Whitefish Stage Road, opposite of Sirucek Lane. STAFF REPORT I PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KGPA-24-01, KA-24-03, KPP-24-01. (1) Staff recommends that the Kalispell City Planning Commission adopt staff report #KGPA-24-01 and recommend to the Kalispell City Council that the property be directly annexed pursuant to the City of Kalispell Growth Policy Plan -It 2035 and the Annexation Policy, and that the Kalispell Growth Policy Future Land Use Map be amended to include the subject property within the annexation boundary. (2) Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-24-03 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-3 (Residential). (3) Staff recommends that the Kalispell City Planning Commission adopt staff report #KPP-24-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Tronstad Meadows and Whitetail Crossing be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Conunission members and staff discussed county zoning, traffic impacts and warrants, the mailing notification process, and infrastructure. Graham would like the traffic light at 93N & Tronstad be installed prior to development. PUBLIC COMMENT Brian Kelly — 220 Highland Dr — Opposes the project, feels that the houses would not be affordable, that there would be too many cars, and stated that he did not receive his notice until 7 days prior to the meeting. He also has concerns about water rights and fire services. Dan Munzing — 213 Tronstad Rd — Opposes the project and feels that it would be too dense. He stated that the traffic study was conducted in February and he doesn't believe that the infrastructure is in place. Kyle Voigtlander — 840 41h St W — Opposes the project and feels that the density of homes is not possible because services cannot be met. He has concerns about fire station staffing, higher taxes, rising crime, traffic for first responders, and would like the city to consider how this project would affect those outside of city limits. Brandon Thornburg —151 Tronstad — Opposes the project and has concerns about contaminated water, water supply, and the current EPA Health Advisory. He would like to know how a new subdivision can be approved with contaminated water. Colby Shaw — 89 Tronstad Rd — Opposes the project and asked if the Commission can deny it. Has concerns about trees, the current growth rate of the city, county zoning, loss of views, snow storage, construction traffic on Tronstad, impacts on Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 12 schools, fire access, and wildlife, and utility easements. He also feels that the project does not fit the neighborhood. Mr. Shaw added that he was not notified when the Quail Meadows subdivision application came through and that the ' subdivision's park amenity is short by 2 acres. Rick Nys Greenlight Engineering Representing Sandy & Jeff Muller- Stated that the Traffic Impact Study has numerous errors and omissions, including crash data and the seasonal adjustment factor and that mitigation is required per the results of the study. Randy Chesler 425 Sirucek Ln Opposes the project due to water contamination and the recent first responder levy. Ming Munzing - 213 Tronstad Rd - Opposes the project as it is written and agrees with the previous commentors. Has concerns about water contamination and the 2019 impact fees reduction; also feels that the Traffic Impact Study is inadequate. Jessica Bubar 250 Highland Dr Opposes the project and has concerns for the use of Highland Dr, turning onto Tronstad, lighting, and snow management. Julie Campbell 889 Sirucek Ln - Opposes the project. Dave Kaupp 236 Tronstad Rd Opposes the project and has concerns about parking. Michelle Weinberg - Representing Sandy & Jeff Muller - Gave comments regarding conflicts with the growth policy, annexation petition, zoning, traffic, services, wildlife, and the development not fitting within the neighborhood. Stated that the project doesn't meet the review criteria with the growth policy, annexation policy and preliminary plat laws. Ken Dauenhauer - 161 Highland Dr Agrees with previous comments. Has concerns about density, traffic along the 93 corridor, and feels that his well affected by the well on site. Tim Dalstrom - 399 Ponderosa Ln- Opposes the project. Has concerns about the private roads, safety for pedestrians, and traffic impact. Kari Mackin - 2200 Helena Flats Rd - Opposes the project and would like the developers to step back and let people live in the Montana way of life. Mae Osborne 67 Tronstad Rd Agrees with previous continents because it will destroy the quality of life for others. Dan Pierson 3307 Whitefish Stage Rd Agrees with previous comments and has concerns about traffic and density. Danielle Tuhy - 280 Highland Dr- Opposes the project and agrees with previous comments. Stated that she has 2 petitions in opposition to this application and was not notified of the project. Has concerns about water quality, water rights, infrastructure, school impacts, affordability, and believes that there are many inaccuracies in the traffic impact study. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 13 Ryan Sanford 3553 Autumn Ct - Agrees with previous comments. Roger Boulch - 44 Tronstad Rd - Opposes the project and agrees with all previous comments. Has concerns for wildlife and traffic. Eric Mulcahy Sands Surveying Representative for the applicants — Concurs with the staff reports and is available to answer any questions. Advised that there will be no access from the subdivision to Highland drive, that conditions of the preliminary plat will be accepted, and that the Tronstad light will be put in phase 1 or as soon as possible and that the developer would provide a financial mechanism, so funds are there when traffic warrants are met. Frank Garner Part of the Development Group - Stated that he enjoyed meeting with some of the people in the room and thanked them for the conversations. Stated that he shares concern for construction traffic, trees, and buffers, and believes that most of the discrepancies are cleared up in the staff reports. Kristine Hursch 210 Tronstad Rd Opposes the project and agrees with previous comments in opposition. Has concerns about lot sizes and fire access. Kelly Witmer - 361 Sirucek Ln Would like the current zoning of SAG 2.5 to remain. Bernard Konkel 345 Sirucek Ln Opposes the project and agrees with previous comments in opposition. Merna Terry — 7 Meridian Ct Would like to build homes for friends and family that can afford to stay in the valley and believes that the development may help people attain housing. Steve Tuhy 280 Highland Dr — Opposes the project and agrees with previous comments in opposition. Kelly Shaw 89 Tronstad Rd Opposes the project and agrees with previous comments in opposition. Stated that the project doesn't fit the neighborhood. Sandy Muller — 45 Tronstad Rd - Opposes the project and agrees with previous comments in opposition. Travis Taylor 1210 Birch Grove Rd Rejects the idea that growth is inevitable and has concerns about water, sewer, and fire services. Elizabeth May — 282 Drumlin Ridge Rd Opposes the project and agrees with previous comments in opposition. Carl Gross— 1655 Rose Xing Opposes the project and has concerns about traffic on Rose Crossing and Reserve. Jon Sonju MT Seven Properties —Member of the ownership group Stated that the staff report speaks for itself and that the group has done a good job working with the public. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page. 4 Doug Bennett — 310 Sirucek Ln — Opposes the project and has concerns for wildlife and height requirements. Kevin Hursch — 210 Tronstad Rd — Opposes the project and feels that the notification distance is not enough. Jackie Gray - 300 Tronstad — Opposes the project and feels that the project doesn't fit the rural nature of the neighborhood. Has concerns for traffic. Michelle Taylor —1210 Birch Grove Rd — Opposes the project and would like the commission to consider the impact on schools and first responders. Stated that the valley isn't ready for this kind of growth. Deanna Bennett — 310 Sirucek Ln — Opposes the project and has concerns with traffic, pedestrian safety, and the current lack of health care services. Jill Davis — 1250 Birch Grove Rd —Feels that housing is a critical issue and that people are in support of housing but not near their neighborhood. Feels that the city needs to address housing. MOTION — KGPA-24-01 Young moved and Stocklin seconded that the Kalispell City Planning Commission adopt staff report #KGPA-24-01 as findings of fact and recommend to the Kalispell City Council that the property be directly annexed pursuant to the City of Kalispell Growth Policy Plan -It 2035 and the Annexation Policy, and that the Kalispell Growth Policy Future Land Use Map be amended to include the subject property within the annexation boundary. BOARD DIISCUSSION Young stated that the traffic comments are addressed in conditions 17 & 18, the Growth Policy Map was last amended between 2021-2022, the notification process is designated by state law, the fire access is assessed by the Fire Chief per the International Fire Code, that a second access is required to provide service, and that the maximum height for R-3 zoning is 35 feet. Young confirmed with Haskins that the facility plan does not include this project. Haskins advised that Public Works investigated service to Silverbrook, Stillwater Village, Kalispell North Town Center, Dusty Acres, Tronstad Meadows, and included a 3% growth rate and the results were that the services will last 20 years. Haskins advised that DNRC would monitor neighboring wells for changes to determine water rights. Young confirmed with Sorensen that the state of Montana does not allow developments to be rejected solely based on school impact. Nygren added that school taxes will be paid by the subdivision homeowners. Sorensen confirmed to Borgardt that the 2 roads in the subdivision are to code and meet the subdivision regulations and that it's typical in new subdivisions to install roads up to the property line for possible future development. Sorensen confirmed to Borgardt that the water rights would be transferred through DNRC. Haskins clarified the traffic review and phasing processes to Borgardt. Haskins and Sorensen clarified street access and parking to Stocklin. Nygren added that leaving the potential for a connection to Highland Drive is to the benefit of the neighbors should they need to connect to city services in the future. Sorensen clarified the Growth Policy to Borgardt and Nygren added that the annexation boundary is not a state requirement. Sorensen clarified the parks cash in lieu process, fencing across the north border, and wildlife with Borgardt. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page15 Graham stated he supports the project but expressed concerns for safety and would like to see the traffic light at Tronstad put in before construction. Borgardt and staff further discussed MDT's traffic impact warrants. Graham and the commission discussed growth, road improvements, and load restrictions. ROLL CALL Motion passed 4-1 on a roll call vote. MOTION — KA-24-03 Aurich moved and Young seconded that the Kalispell City Planning Commission adopt Staff Report #KA-24-03 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-3 (Residential). BOARD DISCUSSION The commission briefly discussed current county zoning for the area. ROLL CALL Motion passed 4-1 on a roll call vote. MOTION -- KPP-24-01 Young moved and Stocklin seconded that the Kalispell City Panning Commission adopt #KPP-24-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Tronstad Meadows and Whitetail Crossing be approved subject to the conditions in the staff report. BOARD DISCUSSION None. MOTION — KPP-24-01 Graham moved to amend the conditions of KPP-24-01 to change condition # 18 AMENDMENT to "prior to final plat of phase 1, a signalized intersection at Tronstad and 93 shall be completed." ROLL CALL — KPP-24-01 Motion failed as there was no second. AMENDMENT BOARD DISCUSSION The commission discussed the ramifications of the plat not being approved if the conditions were not met. MOTION — KPP-24-01 Graham moved and Borgardt seconded to amend the conditions of KPP-24-01 to AMENDMENT change condition #18 to add the language "in order to ensure that the signal is ready to be installed when allowed by MDT, an approved design and financing mechanism shall be in place prior to final plat approval of the first phase of development." ROLL CALL — KPP-24-01 Motion passed unanimously on a roll call vote. AMENDMENT BOARD DISCUSSION The commission and staff discussed road improvements and phasing. ROLL CALL — KPP-24-01 Motion passed 4-1 on a roll call vote. OLD BUSINESS Sorensen updated the commission on the February 13, 2024 agenda items and provided the status of the MAID lawsuit in Bozeman that affects recent land use bills NEW BUSINESS Sorensen updated the board on the upcoming May 14, 2024 Planning Commission Meeting. Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page; 6 ADJOURNMENT The meeting adjourned at approximately 11:14 PM. 11� C ad Prt Gr esent APPROVED as submitted/amended: May 14, 2024 c Kirstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of April 9, 2024 Page 9 I I J 1 ' 1 ti. r J m 1 ti a 1