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11-12-25 SignedKALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING November 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 Pip Burke, Doug Kauffman, Joshua Borgardt, Cate Walker and Rory Young. Jarod Nygren, PJ Sorensen, and Kirstin Robinson represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works department. APPROVAL OF MINUTES Borgardt moved and Burke seconded a motion to approve the minutes of the October 14, 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 None. BOARD MEMBER SEATED Walker recused herself from KPP-25-03 and KCU-25-05; she is a representative for the applicant. KPP-25-03 & KCU-25-05 — NORTH File #KPP-25-03 and #KCU-25-05 — LBO Properties, LLLP, has WEST VIEW submitted applications for North West View, including requests for (1) preliminary plat approval for 149 residential units (111 detached single-family and 38 attached single-family/townhouse) on approximately 42.58 acres, including lots, roads, and common areas; and (2) a conditional use permit to allow the attached single-family/townhouses. The property is located approximately 750 feet north of the intersection of Stillwater Road and Taelor Road. STAFF REPORT Donnie McBath representing the Kalispell Planning Department reviewed Staff reports #KPP-25-03 and KCU-25-04. Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KPP-25-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for North West View Subdivision be approved subject to the conditions on the staff report. Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KCU-25-05 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit to allow townhome development within the R-3 (Residential) zoning district be approved subject to the conditions on the staff report. BOARD DISCUSSION Sorensen clarified to Young that the CUP is required for 2 or more townhomes in R-3 zoning. Kalispell City Planning Commission Minutes of the meeting of November 12, 2025 Page lI PUBLIC HEARING Eric Mulcahy — 2 Village Loop — Representative for the applicant. Requested condition #29 be stricken from the staff report and was happy to answer any questions the commission had. Rudy Urban — 830 McMannamy Draw — Opposes the project; has concerns about school capacity and is sad to see farmland be split up. BOARD DISCUSSION Sorensen clarified condition #29 to Kauffman. Nygren advised the commission that condition #29 could be stricken from the staff report. MOTION — KPP-25-03 Kauffman moved and Borgardt seconded to amend the conditions AMENDMENT of KPP-25-03 to strike condition #29 that all townhouse units within the subdivision shall utilize shared driveways designed to a maximum width of 24 feet. ROLL CALL — KPP-25-03 Motion passed unanimously on a roll call vote. AMENDMENT ROLL CALL — KPP-25-03 Motion passed unanimously on a roll call vote. MOTION - KCU-25-05 Kauffman moved and Borgardt seconded that the Kalispell City Planning Commission adopt amended Staff Report #KCU-25-05 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit to allow townhome development within the R-3(Residential) zoning district be approved subject to the conditions listed on the staff report as amended. BOARD DISCUSSION None. ROLL CALL — KCU-25-05 Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Walker resealed. BOARD MEMBER SEATED Young recused himself from KPP-25-04; he is a representative for the applicant. KPP-25-04 — NORTH MEADOWS File #KPP-25-04 — Roger Foley has submitted an application for preliminary plat approval for North Meadows Subdivision, containing 44 townhouse, -"attached single-family lots (22 parent lots) on approximately 12.13 acres, including lots, roads and common areas. The proposal includes variance requests relating to setbacks from Ashley Creek (generally 200 feet to be reduced in some areas to 100 feet), cul-de-sac road length (generally 600 feet to be increased to about 870 feet), and block length (generally a maximum of 600 feet to be increased to about 900 feet). The property is located at 1859 South Meadows Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff reports #KPP-25-04. Kalispell City Planning Commission Minutes of the meeting of November 12, 2025 Page j2 Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KPP-25-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for North Meadows Subdivision, along with the requested variances for (a) the stream setback, (b) the cul-de-sac length, and (c) the block length, be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Sorensen clarified the standard setback to Walker and clarified the building sprinkling requirements to Burke. Sorensen stated that there will be a condition for the sprinklers in the CC&Rs in the final plat and that the fire hydrants will be operational prior to any construction. PUBLIC HEARING Jacqueline Pipolo — 139 Rimrock Ct — Opposes the project and has concerns for wildlife, water quality, and that approval would set a precedence for future setback variances. Rikki Moffet — 147 Rimrock Ct — Opposes the project and requested the commission to adhere to rules and ordinances. Toby McIntosh — 2250 Hwy 93 S — Representative for the applicant and is happy to answer any questions the commission may have. He stated that the street length was approved by fire and that Fish Wildlife and Parks provided a recommendation for the subdivision and that regulation allows for variances. MOTION — KPP-25-04 Burke moved and Borgardt seconded that the Kalispell City Planning Commission adopt Staff Report #KPP-25-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for North Meadows Subdivision, along with the requested variances for (a) the stream setback, (b) the cul-de-sac length, and (c) the block length, be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Sorensen advised Borgardt that regulations allow for reductions in setbacks based on geotechnical reports and gave Stillwater Bend as an example of a setback variance within the city. Nygren added that the state doesn't have any regulations for these types of setbacks and that it is up to the planning commission and city council to determine if the variance is justified. Sorensen clarified to Burke that no precedence would be set because regulations allow for variances to be allowed on a case -by -case basis. Walker stated that there could have been measures taken for better road alignment but Sorensen stated that the road aligns with existing roads for future connection and was already in place. He added that the road extension is included in the Transportation Plan. Nygren added that the regulations allow for encroachment to cross Ashley Creek. Kauffman stated that he did not have a problem with the setback variance based on the geotechnical information and professionalism of the engineering. Nygren stated that the commission can amend the road alignment but maintenance and plowing should be considered. Haskins added Kalispell City Planning Commission Minutes of the meeting of November 12, 2025 Page 13 that the road should intersect perpendicularly and that the proposed alignment is as close to city standards as possible. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RESEATED Young reseated. KZTA-25-02 — CUP REVOCATION File # KZTA-25-02 -- The City of Kalispell has initiated a petition TEXT AMENDMENT for a zoning text amendment relating to the revocation of conditional use permits. Current zoning regulations, under Chapter 27.33, detail the processing and review criteria for conditional use permits, as well as the denial or violation of a conditional use permit. This amendment would clarify the process for revocation of an issued conditional use permit. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff reports #KZTA-25-02. Staff recommends that the Kalispell City Planning Commission adopt the findings in staff report KZTA-25-02 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Sorensen advised Walker that there would be changes to the CUP application if the text amendment was adopted; Nygren added that when a CUP is granted, the language would be clear of the city's requirements. Sorensen clarified to Young that CUPs go through the public hearing process due to higher impacts and allow for conditions on that use. PUBLIC HEARING Colton Little — 3195 MT 206 Columbia Falls — Opposes the amendment and has concerns about how this would affect existing CUPs such as the Flathead Warming Center CUP. Tonya Horn — Director of the Flathead Warming Center — Opposes the amendment because it puts businesses and non- profits at risk and stated that the Warming Center has met all of the their CUP conditions. Kindee Nelson — 220 Liberty St — Supports the amendment because it will prevent frivolous lawsuits in the future. Arthur Fretheim — 240 9" St E #201 — Opposes the amendment and has concerns for economic and constitutional issues, and adds additional burdens to property owners. Rose Askvig — 211 Liberty St — Supports the amendment because it will bring Kalispell up to speed with other cities. Brant Horn — 92 Stillwater River Trail Whitefish — Opposes the amendment because not enough evidence is required to revoke CUPS and that there is no due process. Kalispell City Planning Commission Minutes of the meeting of November 12, 2025 Page14 Ron Gerson — 9 4" Ave E — Opposes the amendment because it will cause uncertainty to economic growth. MOTION — KZTA-25-02 Burke moved and Kauffman seconded that the Kalispell City Planning Commission adopt the findings in staff report KZTA- 25-02 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Sorensen advised Walker of the 3 criteria that would prompt a CUP review and stated that having parameters provided clarity for everyone involved. Nygren added that CUPs are issued by the grace of city council and that the amendment covers gaps in the current zoning regulations. Nygren also stated that the proposed policy is used by other municipalities, and that state law provides for it. Kauffman stated that city council has always had the ability to revoke CUPS. Sorensen clarified the termination and transferability process and stated that the planning department continually reviews processes. Sorensen stated that the revocation process would require a preponderance of evidence in the finding process and that the amendment was reviewed by the city attorney's office. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Sorensen updated the commission on city council action on items from the October Planning Commission meeting. NEW BUSINESS Sorensen updated the board on the upcoming Tuesday, December 9, 2025 Planning Commission Meeting and Work Session. ADJOURNMENT The meeting adjourned at approximately 8:23 PM. WORK SESSION Transitioned into work session on the Montana Land Use Planning Act. ha am President APPROVED as submitted/amended: i irstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of November 12, 2025 Page 5