08-13-24 - SignedKALISPELL CITY PLANNING COMMISSION
MINUTES OF REGULAR MEETING
August 13, 2024
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were Chad Graham, Pip Burke, Doug Kauffman,
Joshua Borgardt, and Shelby Odell. Rory Young was absent. Jarod
Nygren, PJ Sorensen, Kari Barnhart, Victoria Bellmore and Kirstin
Robinson represented the Kalispell Planning Department. Keith
Haskins represented the Kalispell Public Works Department.
APPROVAL OF MINUTES
Burke moved and Kauffman seconded a motion to approve the
minutes of the July 9, 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-24-06, KA-24-07, & KPUD-24-
Files #KA-24-06; KA-24-07; and KPUD-24-02 — A request from
02 -- GARDNERIANDERSON
Todd Gardner and Colton Behr, for the Gardner/Anderson Ranch
RANCH
Planned Unit Development ("PUD"), which includes applications
for the annexation of approximately 6.5 acres of land at 2995
Highway 93 South with an initial zoning designation of B-5
(Industrial -Business), annexation of approximately 30.8 acres of
land at 330 Demersville Road with an initial zoning designation of
R-3 (Residential), and a PUD overlay on both areas to be annexed
along with land zoned B-5/PUD between United Drive and Lower
Valley Road that is currently within the city limits, totaling
approximately 94.4 acres. The area already annexed is subject to a
placeholder PUD without a detailed PUD plan, which limits
development without a full PUD approval. The proposed PUD
would expand the PUD area and replace the placeholder PUD with
a full PUD overlay. In general, the plan would allow B-5
development on 63.7 acres in the area between United Drive and
Lower Valley along the highway and would allow R-3 residential
development on the remaining 30.8 acres.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department
reviewed Staff Report #KA-24-06, KA-24-07, & KPUD-24-02.
Staff recommends that the Kalispell City Planning Commission
adopt Staff Report #KA-24-06 as findings of fact and recommend
to the Kalispell City Council that the property be annexed and the
zoning for the property be B-5 (Industrial Business), with a PUD
overlay.
Staff recommends that the Kalispell City Planning Commission
adopt Staff Report #KA-24-07 as findings of fact and recommend
to the Kalispell City Council that the property be annexed and the
zonin for the property be R-3 (Residential), with a PUD overlay.
Kalispell City Planning Commission
Minutes of the meeting of August 13, 2024
Page
Staff recommends that the Kalispell City Planning Commission
adopt Staff Report #KPUD-24-02 as findings of fact and
recommend to the Kalispell City Council that the
Gardner/Anderson Ranch PUD be approved subject to the
conditions listed on the staff report.
BOARD DISCUSSION
None.
PUBLIC COMMENT
Eric Mulcahy — Sands Surveying — Representative for the applicants
Is happy to answer any questions from the commission and stated
that the engineer is also available to answer any questions.
MOTION — KA-24-06
Kauffman moved and Burke seconded a motion that the Kalispell
City Planning Commission adopt Staff Report #KA-24-06 as
findings of fact and recommend to the Kalispell City Council that
the property be annexed and the zoning for the property be B-5
(Industrial Business), with a PUD overlay.
BOARD DISCUSSION
Borgardt asked staff to clarify inappropriate development under
general commercial use. Sorensen stated that the design elements
encourage appropriate development. Sorensen also clarified the
annexations and PUD overlay to the commission.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KA-24-07
Burke moved and Borgardt seconded a motion that the Kalispell
City Planning Commission adopt Staff Report #KA-24-07 as
findings of fact and recommend to the Kalispell City Council that
the property be annexed and the zoning for the property be R-3
(Residential), with a PUD overlay.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPUD-24-02
Kauffman moved and Odell seconded a motion that the Kalispell
City Planning Commission adopt Staff Report #KPUD-24-02 as
findings of fact and recommend to the Kalispell City Council that
the Gardner/Anderson Ranch PUD be approved subject to the
conditions listed on the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPP-24-03 — STARLING PH 4
File #KPP-24-03 - A request from Kilday & Stratton, for the
Starling Phase 4 subdivision, which is a major preliminary plat on
approximately 8.1 acres of land containing a total of 31 lots as well
as a park, roads and open space. It is part of the Starling Planned
Unit Development, which overall is an approximately 58-acre
residential mixed -use development approved in 2021 located on the
west side of Stillwater Road between Four Mile Drive and Old
Reserve Drive. The Phase 4 property is generally located to the
Kalispell City Planning Commission
Minutes of the meeting of August 13, 2024
Page 2
west of the existing phases and incorporating extensions of
Timberwolf Parkway and August Way.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department
reviewed Staff Report #KPP-24-03.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report #KPP-24-03 as findings of
fact and recommend to the Kalispell City Council that the
preliminary plat for Starling Phase 4 be approved subject to the
conditions listed on the staff report.
BOARD DISCUSSION
Borgardt requested the woonerf measurements from staff.
PUBLIC COMMENT
Eric Mulcahy— Sands Surveying — Representative for the applicants
— Is happy to answer any questions from the committee and stated
that the engineer is also available to answer any questions. He stated
that they are complying with the zoning, PUD, infrastructure
elements, stormwater, and road requirements.
Rachel Kemak — 702 Xavier — Has no issues with the development
but has concerns about the multiple contractors that are currently
building in the neighborhood between 6:30AM and 10:30PM. She
asked the commission if there is a noise ordinance. She is frustrated
with the noise and garbage and has complained multiple times to
the HOA. She feels she is not being heard and hopes that it won't
be like this for Phase 4.
MOTION -- KPP-24-03
Kauffman moved and Odell seconded a motion that the Kalispell
City Planning Board and Zoning Commission adopt staff report
#KPP-24-03 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat for Starling Phase 4 be approved
subject to the conditions listed on the staff report.
BOARD DISCUSSION
Burke asked staff if there are hours of operation and options to lodge
complaints. Sorensen advised that there are no specific hours for
construction but there is a disturbing the peace ordinance through
the police department and that there may be some HOA covenants
regarding noise. Kauffman stated that this should be taken to the
developer. Nygren added that the public could lodge a complaint
with the police department but it is an active construction zone and
that it should improve as the subdivision moves forward. Graham
requested the developer to respond to the complaints.
Greg Stratton — Developer — Stated that he has responded to each
complaint and has been talking to the builders. He has full time
people on staff that walk the subdivision 4 times a week and pick
up trash twice a week. He added that they monitor the contractors'
work and that some builders are homeowners who can only work
after their regular work hours. Mr. Stratton stated that there are 60
homes under construction and that he is happy to answer any
questions from the commission. Burke stated that she understands
Kalispell City Planning Commission
Minutes of the meeting of August 13, 2024
Page 13
the noise but the contractors need to be aware of the complaints.
Stratton stated that there is a fine schedule in the HOA covenants
but that it is his experience that fining the contractors makes the
situation worse.
Taylor Poe - 712 Xavier Agrees with Rachel Kemak's comments
and stated that the HOA is not doing their job by taking a month to
respond to emailed complaints. She added that the HOA told her it
was being lenient. She would like to know who to talk to regarding
the mess, dirt, and noise.
Nygren stated that the HOA is the most effective entity to send
complaints to and that she can report disturbance of the peace to the
police department. Graham stated that there should be reasonable
start and end times for construction and that this issue will end as it
develops. He added that contacting the HOA is the best place to
lodge complaints. Odell added that the homeowners that are
building their homes should communicate with the neighbors.
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
Sorensen updated the board on the July 9, 2024 agenda items.
NEW BUSINESS
Sorensen updated the board on the upcoming September 10, 2024
Planning Commission Meeting.
ADJOURNMENT
The meeting adjourned at approximately 6:59 PM.
C d Graham
Pres d
APPROVED as submittedlamended: 4 j m j z`i
i tin Robinson
Recording Secretary
Kalispell City Planning Commission
Minutes of the meeting of August 13, 2024
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