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08-12-25 SignedKALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING August 12, 2025 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. Commission members present were Chad Graham, Doug Kauffman, Shelby Leckron, Joshua Borgardt, Pip Burke, Cate Walker and Rory Young (Zoom). Jarod Nygren, PJ Sorensen, Kari Barnhart, Kirstin Robinson, and Donnie McBath represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Kauffman moved and Walker seconded a motion to approve the minutes of the July 8, 2025 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 Teresa Karst — 1855 N Belmar Dr — Opposes the North Meadows conditional use permit and has concerns for wildlife, traffic, safety, and flooding impacts. KPUD-25-03 — SILVERBROOK Montarise Developments, LLC, has submitted applications for VILLAGE Silverbrook Village, an amendment to the Silverbrook Planned Unit Development ("PUD"). The property, which contains 11.7 acres, is currently zoned B-1 (Neighborhood Business) with the PUD overlay. This proposal would maintain the underlying zoning designation. The proposal calls for 198 residential units intended to be developed as condominiums with a variety of housing types ranging from two -unit buildings to larger multi -unit buildings. The proposal also has 20,400 square feet of neighborhood business uses that are included within mixed -use buildings. The property is located at 441 and 465 Diamond Peak Drive, STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff report #KPUD-25-03. Staff recommends that the Kalispell Planning Commission adopt Staff Report #KPUD-25-03 as findings of fact and recommend to the Kalispell City Council that Silverbrook Village as an Amendment of the Silverbrook PUD be approved subject to the conditions on the staff report. BOARD DISCUSSION Walker confirmed with Sorensen that the school district for the subdivision cannot be changed by the city and that the parking requirement is met without the angled parking spaces. PUBLIC COMMENT Mike Brodie 431 151 Ave W Representative for the applicant — Is happy to answer any questions from the commission and requested that condition #6 be removed from the CUP. Kalispell City Planning Commission Minutes of the meeting of August 12, 2025 Page I I MOTION — KPUD-25-03 Kauffman moved and Borgardt seconded that the Kalispell City Planning Commission adopt Staff Report #KPUD-25-03 as findings of fact and recommend to the Kalispell City Council that Silverbrook Village as an Amendment of the Silverbrook PUD be approved subject to the conditions on the staff report. BOARD DISCUSSION Sorensen advised the commission that condition #6 is attached to all PUDs to ensure that any facilities present well aesthetically. He also clarified to Borgardt and Kauffman that if the existing retention pond may be sufficient that a new one/expansion may not be required pending engineering review. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Kauffman recused himself from KA-25-07 and KZC-25-01; he is a representative for the applicant. KA-25-07 & KZC-25-01— ASHLEY A request by the Kalispell Development Services Department and CREEK PARK Bibler Resources Company to annex property located between South Meridian Road and the Highway 93 Bypass, and between Appleway Drive and Foys Lake Road, commonly known as the "WYE Track," along with adjacent property, with an initial zoning designation of P-1 (Public). The property is intended to be developed as a park. The annexation would place approximately 25.7 acres of land in the city. The property owned by the City includes Assessors Tracts 2, 8, 10, 11 A, 17 and 18 located in NE1/4 and NE1/4SE1/4 of Section 13, T. 28 N., R. 22 W., P.M., Flathead County, Montana. A specific metes and bounds description for the city -owned property is available upon request. The property owned by Bibler Resources can be described as Tract 2 of Certificate of Survey No. 19545. In addition, File # KZC-25-01 - A request by Bibler Resources Company for a zoning map amendment to rezone 10.55 acres of land located at 301 Fenn Way from city B-1 (Neighborhood Business) to city P-1 (Public). The property is intended to be developed as a park. The property can be described as Tract 3 of Certificate of Survey No. 19233 and Tract I of Certificate of Survey No. 19582. STAFF REPORT Donnie McBath representing the Kalispell Planning Department reviewed Staff report #KA-25-07 & KZC-25-01. Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-25-07 as findings of fact and recommend to the Kalispell City Council that 25.7 acres of land be annexed into the City of Kalispell with an initial zoning of P-1 (Public).The properties can be more particularly described as Assessors Tracts 2, 8, 10, 11A, 17 and 18 located in NE1A and NE1/4SE1/4 of Section 13, T. 28 N., R. 22 W., P.M., Flathead County, Montana and as Tract 2 of Certificate of Survey No. 19545, and Tract 2 of Certificate of Survey No. 19582. Kalispell City Planning Commission Minutes of the meeting of August 12, 2025 Page 12 Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KZC-25-01 as findings of fact and recommend to the Kalispell City Council that the Kalispell Official Zoning Map be amended by rezoning 10.55 acres of land from City B-1 (Neighborhood Business) to City P-1 (Public). The property can be described as Tract 3 of Certificate of Survey No. 19233 and Tract 1 of Certificate of Survey No. 19582. BOARD DISCUSSION None. PUBLIC COMMENT Doug Andrews — 644 8" Ave W — Stated that the project would be a great benefit but has concerns about traffic, safety, and speeding. MOTION — KA-25-07 Burke moved and Leckron seconded that the Kalispell City Planning Commission adopt Staff Report #KA-25-07 as findings of fact and recommend to the Kalispell City Council that 25.7 acres of land be annexed into the City of Kalispell with an initial zoning of P-1 (Public).The properties can be more particularly described as Assessors Tracts 2, 8, 10, 11 A, 17 and 18 located in NE1A and NEIASE1A of Section 13, T. 28 N., R. 22 W., P.M., Flathead County, Montana and as Tract 2 of Certificate of Survey No. 19545, and Tract 2 of Certificate of Survey No. 19582. BOARD DISCUSSION Haskins advised the traffic count process to Graham. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KZC-25-01 Burke moved and Leckron seconded that the Kalispell City Planning Commission adopt Staff Report #KZC-25-01 as findings of fact and recommend to the Kalispell City Council that the Kalispell Official Zoning Map be amended by rezoning 10.55 acres of land from City B-1 (Neighborhood Business) to City P-I (Public). The property can be described as Tract 3 of Certificate of Survey No. 19233 and Tract 1 of Certificate of Survey No. 19582, BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated. OLD BUSINESS Nygren provided procedural instructions on taking KCU-25-04 from the table and updated the commission on city council action on items from the July Planning Commission meeting. MOTION — TAKE KCU-25-04 Borgardt moved and Kauffman seconded to take KCU-25-04 FROM THE TABLE from the table from the July 8, 2025 Planning Commission meeting. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. Kalispell City Planning Commission Minutes of the meeting of August 12, 2025 Page 13 BOARD MEMBER SEATED I Young recused himself from KA-25-05 and KCU-25-04; he is a representative for the applicant. STAFF REPORT Donnie McBath representing the Kalispell Planning Department reviewed supplemental information provided by the applicant for Staff Report KCU-25-04. Staff recommends that the Kalispell City Planning Commission adopt the Conditional Use Permit for a 99-unit multi -family residential development on the subject property, subject to the conditions of approval outlined in Staff Report #KCU-25-04. BOARD DISCUSSION Kauffman confirmed with McBath that the buffers were increased on the plans. Nygren advised Walker that there are no set standards or laws for buffers since there is no subdivision involved but that the plans were intended to find the middle ground between city and state requirements. Toby McInstosh from Jackola advised that a geo-tech summary report is in line with what should be expected for a commercial project. Nygren clarified to Graham that the proposed trail system and park would not be gated and would be open to nearby residents. PUBLIC COMMENT I Astaris Drolcar — 700 Sunnyside Dr — Opposes the project and has concerns about increased traffic, wildlife and Ashley Creek. Diana Marshall — 1923 Bluestone Dr — Opposes the project and stated that the traffic impact study should have included the dog park and ballpark traffic. Judy Dawson —1942 Bluestone Dr — Opposes the project and has concerns about increased traffic on Bluestone Drive. Amy Barton — 1978 Bluestone Dr -- Opposes the project and has concerns about increased traffic. Denise Chambers —1974 Bluestone Dr — Opposes the project and has concerns about traffic, safety, and speeding. Nicole Marshall — 1923 Bluestone Dr — Opposes the project and has concerns about egress, safety, and traffic and stated that the traffic impact study should have included the dog park and ballpark traffic. Ms. Marshall also had concerns about the accuracy of the TIS. Cal Marshall — 1923 Bluestone Dr — Opposes the project and has concerns about increased traffic and speeding on Bluestone Dr, loss of view due to building height, and wildlife impacts. Mr. Marshall also stated that the project is not appropriate for the neighborhood. Ricki Moffat on behalf of Susan and Karl Kratt of135 Rimrock Ct — The Kratts oppose the project and have concerns about Kalispell City Planning Commission Minutes of the meeting of August 12, 2025 Page 14 traffic, school and wildlife impacts, and feels that there is ample housing available in the city. Ricki Moffat — 147 Rimrock Ct — Opposes the project and has concerns about creek bed degradation, density, and egress and would like the geo-tech studies to be conducted in all 4 seasons. Ms. Moffit provided photographs of previous erosion damage to homes on Rimrock Ct and stated that the application and supplemental information had deficiencies and inaccuracies. Mark Topp — 107 Denver Ave — Opposes the project and has concerns about speeding, street width of Bluestone Drive, erosion, construction traffic, egress, erosion, safety, and feels that more apartments are not needed. Clyde Sternberg — 1810 N Belmar Dr — Opposes the project and has concerns about first responder response times. Perry Dilorio 143 Rimrock Ct Opposes the project and has concerns about density and the soil conditions of the lot. Jessica Chance 1934 Bluestone Opposes the project and has concerns about decreased property values, soil stabilization, construction traffic, flooding, egress, safety, snow storage, and the increased traffic on Bluestone Drive. Ms. Chance also feels that more housing is not needed, that the project does not include affordable housing, and that Bluestone Drive is not wide enough. Sue Prewitt 1910 Bluestone Dr Opposes the project and has concerns about speeding, traffic, soil stability, safety, and the condition of Bluestone Drive. Sam Dennison 1969 Bluestone Dr — Opposes the project and has concerns about the quality of Bluestone Drive, soil erosion, safety, and speeding. Mr. Dennison stated that the traffic count markers were not at the ball or dog parks. Lisa Najera 119 Rimrock Ct Opposes the project and has concerns about construction traffic and the developer's experience with multifamily building projects. Jacqueline Pipolo — 139 Rimrock Ct — Opposes the project and has concerns about safety, speeding, and the width of Bluestone Drive. Ms. Pipolo stated that the project does not fit with the neighborhood. Toby McIntosh — 2250 Hwy 93 S - Representative for the application and is happy to answer any questions the commission may have. Mr. McIntosh also clarified the traffic count and TIS process, egress and fire suppression requirements, how utilities are deemed as available, and the impact fee process. He stated that the geo-tech engineer's involvement with the Rimrock Ct landslides was to provide their opinion for legal purposes only, Kalispell City Planning Commission Minutes of the meeting of August 12, 2025 Page 15 that the setbacks of 75-85 feet were to give space, that the buildings will be slab -on -grade (no basements or crawlspaces), that no buildings will be built on unbuildable land, that the land was tied up in a trust for several years, that the developer has a lot of experience with multi -family projects, that infill projects may help prevent sprawl, and that most of the conditions of the CUP are standard conditions that help hold both the developer and the city accountable. Kim Smith - 1827 Bluestone Dr — Opposes the project and has concerns about egress. Ms. Smith also stated that there is a neighborhood petition with over 300 signatures in opposition to the project. Julie Lubick 44 Rimrock Ct — Opposes the project and agrees with previous comments in opposition. James Williamson - 25 41h St E Works with the owners and Jackola Engineering Provided a history of the property and is available after the meeting to answer any questions from the public. Mr. Williamson stated that there was a lot of consideration for what could be developed on the site and that the owner wants to be a good neighbor. Julius Macker .. 127 Rimrock Ct - Opposes the project and has concerns about wildlife and riparian habitat. John Pipilo 139 Rimrock Ct Opposes the project and has concerns for traffic impacts and safety. Mr. Pipilo stated that there are no sidewalks that access the ball and dog parks. Melinda Huskey — 1955 Bluestone Dr Opposes the project and has concerns about losing her view of the mountains. Ms. Huskey also stated that the there is no sidewalk to the mailbox and that Bluestone Drive is always parked up. MOTION KCU-25-04 Kauffman moved and Graham seconded that the Kalispell City Planning Commission adopt staff report #KCU-25-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions on the staff report. BOARD DISCUSSION Leckron stated that the TIS should have been conducted when school was in session. Haskins clarified the TIS process to Graham and Walker. Haskins stated that MDT considers school traffic to be at the same level as summer traffic and that there were city tube counters recently placed at Begg Park and Bluestone for a project unrelated to the Meadows North TIS. Walker stated that the TIS isn't as comprehensive as it should be. Nygren advised that developers are not legally required to fix existing problems but that there is a process for community - based input that would solve them. Graham stated that there were no sidewalk requirements when Bluestone Drive was built Kalispell City Planning Commission Minutes of the meeting of August 12, 2025 Page ;6 and confirmed with Nygren that the single entrance meets fire code. He also added that a second entrance would be required if single family homes were built on the lot. Nygren advised Borgardt that traffic studies do not address pedestrian traffic and Haskins advised Borgardt that if Bluestone Drive was reviewed today, it would be signed as no parking. Graham confirmed with Nygren that there are no state codes for viewshed and that the minimum setbacks for single family homes are 1 Oft and the maximum height is 45ft. Graham stated that views are never guaranteed and that SB382 will change the public feedback process in the future. Nygren advised Graham and Borgardt of the process for a special improvement district that allows residents to fund sidewalks. ROLL CALL Motion passed 5-1 on a roll call vote. Kaufman, Burke, Borgardt, Walker, and Graham voted in favor; Leckron voted against the motion. BOARD DISCUSSION Graham stated that he supports the motion since the supplemental information answered his questions. BOARD MEMBER RE -SEATED Young re -seated. NEW BUSINESS Nygren updated the board on the upcoming September 9, 2025 Planning Commission Meeting and Work Sessions ADJOURNMENT The meeting adjourned at approximately 9:38 PM. WORK SESSION Transitioned into work session on the Montana Land Use Planning Act. Chad Graham President APPROVED as submitted/amended: 9 1DIS Ktrstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of August 12, 2025 Page 7