06/05/07 DeMeester CommentsJune 5, 2007
To: Kalispell Mayor and City Council
Subject: Gateway Properties LLC. ---Annexation and Initial Zoning of R-2/PUD
From: Sharon DeMeester and other concern residents of the area
I want to ask that you give careful consideration to the issues that I raised in my letter of
4/10/07 in your review of the Valley Ranch proposal tonight. I feel that in the review of
these comments by Planner Sean Conrad in a Report to you dated 4/30/07 that some of
these issues were dismissed as not applicable to the Valley Ranch proposal. Aditionally
many of the issues that were raised were not even reviewed in the staff report and merit
your attention. In this regard I have attached the complete set of these comments. Tonight
I want to highlight three areas of concern that I feel should not be dismissed and in fact
should lead to your denial of this proposal this evening.
1. Kalispell Zoning Regulation 27.21.030 (5). PUD Preliminary Plan.
"The property owner applying for a PUD district classification shall
submit three copies of a PUD preliminary plan which shall contain the
following information. If a PUD also involves a subdivision the
submittal SHALL ALSO INCLUDE the information and
documents required for application stated in the Kalispell
Subdivision Regulations." (Emphasis added)
There is no option here. It is clear this PUD application SHALL INCLUDE
the information and documents required for a subdivision application --- in this
case a major subdivision. According to 2.04 of the Kalispell subdivision
regulations this information includes:
• All of the materials required by Section 2.02,
• Documents identified in a Pre -Application Meeting,
• Appendix A (Contents of the Preliminary Plat),
Appendix B (Environmental Assessment)
0 These documents have not been provided. Nothing in these regulations allows
for them to be submitted at a later date with a subdivision application! Note that for
similar recent PUD's for both Starling and Silverbrook these documents have been
provided.
2. Kalispell Zoning Regulation 27.21.030 (5) (1). PUD Preliminary Plan.
"(1). Where a PUD also involves a subdivision of land, it shall
also meet the requirements of the Kalispell Subdivision
Regulations and the Montana Subdivision and Platting Act;"
In approving this subdivision you and the public must have the information and
documents that are part of a subdivision application to determine if this PUD as proposed
does meet the Montana Subdivision and Platting Act.
0 The required subdivision documents have not been provide and the public
and you have not had the opportunity to review them and comment on them as part
of this important decision making process. Nothing in these regulations allows for
them to be submitted at a later date with a subdivision application!
3. Kalispell Zoning Regulation 27.21.202 (5)(d) PUD Preliminary Plan.
"(d). Elevation drawings which demonstrate visually the general
architectural features of each proposed building or architecturally
distinct group or type of buildings and the site perimeter treatment;"
6 Elevation drawings are required and have not been submitted. Nothing
in these regulations allows for them to be submitted at a later date with a
subdivision application! It is important to the public to know the character and
quality of the development proposed. Two subdivisions with the same density, but
with different design standards can be like night and day in the difference of their
appeal and quality. So called "snout houses" that make garages dominate as opposed
to homes with inviting front porches are just one such example.
4. Kalispell Zoning Regulation 27.21.202 (5)(f) PUD Preliminary Plan.
"(f). An enumeration of covenants in detail proposed to be made a
part of the PUD and shall be enforceable by the city council;"
B Covenants are required and have not been included in your packet for
consideration on on-line for public consideration to inform your decision this
evening. A copy of "Subdivision Design Guidelines" was obtained today from the
planning office does not provide the detail that is needed to discern the standards that
will be followed as they can be amended by the developer and his chosen three member
board at will. It is not clear if these meet city requirement for covenants and if they
are written so as to be enforceable by the city as is required under this PUD
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regulation. Of additional concern is the ability to site an additional guest house on
each lot that could significantly increase the density of this development; provisions
that make individual homeowners responsible for developing individual drainage
plans is potentially problematic (no storm water management plan was provided with
this application as is required by the city's PUD regulations that requires all
documentation that is part of a subdivision application), and lack of a map to
demonstrate the "building envelopes" that are described in the covenants. This is of
particular importance given the importance of retaining the ponderosa pines that define
this site and buffer it along its northern boundary. Finally, These covenants nor
conditions for this subdivision do not address the major issue of not removing these
ponderosa's.
5. Kalispell Zoning Regulation 27.21.202 (5)(g) PUD Preliminary Plan. And
Kalispell Zoning Regulation 27.21.202(2)(e)
"(g). A statement expressing the order in which the development
shall occur and estimated time for completing the development.
In case of a phased development, estimated time schedule for
starting and completing each phase of the development shall be
provided;"
"(e). In the case of a plan which proposes development over a period
of years, the sufficiency of the terms and conditions proposed
to protect and maintain the integrity of the plan which finding
shall be made only after consultation with the city attorney;"
0 No phasing plan has been provided as required under your PUD regulations.
Nothing in these regulations allows for them to be submitted at a later date with a
subdivision application! The application does not —as far as I could find --state that this
will be built in one phase and this can not be assumed. Even the request to return to you
at some date in the future to amend this PUD for the assisted living center is not
identified as a phase. No approval by the city attorney has been provided.
6. Kalispell Zoning Regulation 27.21.202 (5)(m) PUD Preliminary Plan.
"(m). The city council shall require bonding or any other appropriate
collateral to ensure that all required improvements shall be
satisfactorily completed in accordance to the approved plans,
specifications and time schedule; and,"
No condition for bonding has been included as a condition of approval as
required by the city's PUD regulations.
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7. Kalispell Zoning Regulation 27.03.010 M
"(4) The city council shall determine the appropriate zoning for any and all
areas to be annexed to the city but shall request a recommendation
from the Kalispell City Planning Board and Zoning Commission. The
adopted Kalispell Growth Policy shall be the primary consideration in
the selection of an appropriate zoning classification."
B The PU D zoning as proposed takes this from a suburban designation to an
urban designation which is not consistent with the Growth Policy. It also fails to
address adequately the real affordability goals called for in the growth policy. It does not
attempt to provide mitigation though the use of TDR's as recognized by the growth
policy as important for this area. As Montana courts have held, why even have a plan if it
is not followed or if amendments or zoning and subdivisions are not consistent with it.
The failure to provide required documents,
The fact that the city is in the process of adopting a new transportation plan
that should be considered in the approval of this plan,
A four hundred acre development to the south of this development is
pending and both plans should be considered and coordinated.
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