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Planning Board Minutes - June 8, 2010MINUTES of REGULAR EETING MINE � 20I0 CALL To ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, John Hinchey, Jason Mueller, C.M. (Butch) Clark and Troy Mendius. Sean Conrad, P.J. Sorensen, and Tom Jentz represented the Kalispell Planning Department. Richard Griffin took his seat at 6:20 p.m. and Chad Graham took his seat at 630 0 p.m. There were approximately 40 people in the audience. Bryan Schutt welcomed Jason Mueller as the new member of the planning board. APPROVAL of MINUTES Clark moved and Mendius seconded a motion to approve the minutes of the May 11, 2010 meeting of the Kalispell City Planning Board and zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT Richard Siderius, 395 Auction Road and representing Rails to Trails met with Hubert Turner two days after the May 11 #h public hearing. After some discussion the Turner's agreed to put in an underpass/culvert if the Rails to Trails organization bought the culvert. Siderius said he took that offer back to the Rails to Trails group and due to the fact the culvert would be under the new proposed city street they turned that offer down. After some more deliberation the Turner's said they would put the overpass in if Rails to Trails would pay one-half the cost. Siderius said they are really close to reaching an agreement but they have problems with having to put up the money. The trails work is funded by grant monies through the CTEP or RTP programs and they do not think they could get funds for through them for one-half of the overpass. Siderius added Rails to Trails was given $12, 5 00. 00 from the Flathead County Parks and weed Board yesterday to help pay for the construction of an. overpass. He said they are asking the planning board and planning staff to consider looking at the suggestion made by Tom Esch at the May 11 th hearing to hook on to the trail in the development and then be satisfied. Siderius said the conditions that they would like the board to look at are 1) the crossing should be equal or better than the present trail, 2) that there be vertical separation; 3) safety. He added safety for the children; safety for the elderly; and safety for the disabled because that is who is using that portion of the trail. Clark asked if Rails to Trails would consider the Esch proposal of bringing the trail around on the present north side hooking into the Kalispell City P lann ing Board Minutes of the meeting of June 8, 2010 Page 1 of 17 proposed tram system within the development and using a 10 x 10 box culvert far enough on the hill to come down and meet their street on the west side and then tie into the trail and Siderius said he thought their group would consider that proposal. Steve Luckey, President of the Stoneridge Homeowners Association residing at 341 Stoneridge Drive referenced the attached letter to the planning board. Al Sorensen, 76 Scarborough stated he agrees with Dick Siderius that Rails to Trails has invested a lot of money and effort to create a park --like area from the edge of town all the way to Lila and having a major road with an at -grade crossing is asking for problems. Rails to Trails is receptive to trying to reach an agreement on the crossing that would serve the developer's needs and also provide some semblance of the existing trail. Laving a new route would certainly be something worth looking at. Conceptually it sounds good but as an engineer he would like to be able to review something on paper and have the route flagged to see exactly what is being considered. Sorensen said there is an opportunity to reach an agreement and as stated they are pretty close but there are still some fine points that need to be worked out. Helen Pilling, Lila said she wants to speak for the volunteers of the entire Flathead Valley, incredible people who have put a lot of heart, time, effort and money into what they believe in. whether it is being on the PTO of a school; Rails to Trails; community gardens; or volunteering at the hospital, volunteers make things happen. Pilling said she wants to know that her time, money and efforts are not going to a particular development or developer but to the betterment, safety, beauty, joy and health of everyone's lives no matter how old they are. Pilling said she has been with Rails to Trails for 20 years and she doesn't believe they should have to pay for any part of this solution. Jeff Peterman, 29 Stoneridge Place stated he agrees with the statements made by the president of their HOA. over the last 5 years they have seen an increase in traffic on Foys Lake Road as development has continued. As a parent of a 16 year old who is learning how to drive and turning onto Foys Lake Road he can't imagine what it will be like when the amount of traffic on Foys Lake Road is significantly increased due to this subdivision. P eterman asked the board to take that into consideration. As a resident he would like to show his support for the Rails to Trails efforts and he would support a bridge or culvert which would keep the trail crossing safe. He added since this development is the reason the crossing is needed and will cause the increased traffic onto Foys Lake Road he feels the developer should pay for mitigating those impacts on the trail and the road. Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Page 2 of 17 Phyliss Snow, 66 Stonecrest Drive stated she agrees with Dick Siderius, Helen Pilling and Al Sorensen said. She said in looking at a culvert she has concerns about trail safety and her vote is for a new bridge. Autumn Golden, 4428 Highway 2 West, Kiia said she agrees with the development because people in her generation can't afford to live in Stoneridge Estates and this development would be affordable. Fred Atkins, 760 Kingfisher Lane stated he agrees with the Rails to Trails people and he said this is a safe route for kids in the suburbs and if a bridge is what is needed he is in favor of one. Hubert Turner, 1053 Stillwater Road stated he is the developer of Willow Creek. Turner wanted to address the concerns the planning board had at the last meeting. Regarding the north/south road through the subdivision and the concern of traffic on Meridian Road the purpose of that road was to eliminate traffic on Meridian Road. Stop lights do help mitigate the impacts of traffic but they don't reduce traffic. The only thing that reduces traffic is more ro ads . Turner noted however, the road was a requirement at a time When it was not known when the bypass was going to be built and would serve as a defacto bypass until the highway bypass was constructed. As we all know, Turner continued, the bypass is currently being constructed which makes the north/south connector road less necessary but he feels it is still necessary because roads spread out the traffic so they elected to keep the north/south connection to ensure future connectivity and for traffic relieve from Meridian Road. He described the new route of the north/south road in the revisions. Turner said there were concerns about the aesthetics along Foys Lake Road and he reviewed the topographic map changes in the location and the new configuration of the storm water pond along the easterly entrance to the project. It is a 20% slope but he added that is the natural slope of the ground and the open space is being left largely unchanged. The storm water ponds themselves have been moved to the to w er flat areas to be more consistent with the plan that was approved in 2007. Turner further reviewed the topography, the plantings and trees and trail and how they interface with the storm ,water ponds; the updated landscape plan details; and cross sections of the open space and lot grading along Foys Lake Road. Turner noted 3 lots, 469, 470 & 471, were impacted by the reconfiguration of the storm water facility so they had to be eliminated. Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Page 3 of 17 Turner said the final issue is the Rails to Trails crossing. He net with the Flathead County weed & Parks Board yesterday, the organization who is charged with maintaining the Meridian bike path and he met with Alex Hogle from. the Flathead County Planning Office. Turner said both of those organizations were in agreement that an at -grade crossing provides adequate safety for the bike path. There are some additional safety measures that Mr. Hogle recommended, including a stamped concrete sidewalk, a flashing light, and signage which the developer will provide. Turner has also met with Rails to Trails Board to discuss possible alternatives to an at -grade crossing. Turner said a grade separated crossing is certainly a good idea however, he doesn't think that the development itself causes enough impact on that trail to make it a requirement of the project. Turner added he does feel that as a good neighbor to the Rails to Trails organization it is incumbent upon him to participate in trying to come up with a productive solution which is why they have offered to pay half of either a culvert or a bridge crossing. He continued they have discussed the idea of moving the bike path down into their project and creating a grade separated or even at -grade crossing within their development to better facilitate future growth in the area. By routing the trail down along Ashley Creek it would be better protected from future road crossings and doesn't perpetuate the problem of the issue continually corning up. He noted the county's parks board was very generous to allocate $12,500 for the construction of a grade separated crossing which would be enough to purchase the culvert but would not get the culvert installed. Turner then asked that another $12, 5 00 be raised and the Turner's would take on the cost of installing the culvert and repaving the path both to and from the culvert. He added he would make the same offer for a bridge if it is provided. Turner stated they are very close to an agreement with Rails to Trails but before they can move forward it is incumbent on the county, county parks board and Rails to Trails to come up with a consensus as to what they would like to see at this crossing in the way of a separated crossing -- a bridge or a culvert underpass or an at -grade crossing. when he left the parks board meeting yesterday his understanding was an at --grade crossing would be sufficient to provide adequate safety at the crossing, however it was preferred that a grade separated crossing be installed and they are more than willing to participate in those discussions. Turner concluded by saying he agrees that the traffic impact study should be updated for each phase of the subdivision; the concerns raised about density he thinks have been addressed by the reduction of density that is being proposed with these revisions; and they had discussions with the school district however, they have gotten a Kalispell City Planning Board Minutes of the meeting of June s, 2010 Page 4 of 17 mixed message from them. when they talked about putting a school within the subdivision it was felt that a school should be located where the entire community can easily get to it rather than having it tucked away in a subdivision. Don Snow, 66 Stonecrest stated in 1988 a pair of people carve to the Flathead Bicycle Club with the idea of a rail trail from Kalispell to Marion. Having been in Seattle when a rail trail was constructed he was able to experience what a really fine thing that is. Snow said safety, safety, and safety is most important and there is only one solution, an overpass. Jinn Watson, Flathead County Parks Board said Mr. Turner did meet with the parks board and the parks board has reviewed the staff report from the county planning office and agrees that an at - grade crossing is sufficient. If there is a desire for an enhanced crossing at this location the parks board is willing to enter into a partnership with the City of Kalispell, Rails to Trails and the developer to explore those possibilities. The board voted $12,500 toward an enhancement but it is public money which must go through the full public scoping and process. He added they do not spend public money lightly. It is his understanding that this street will not be built until phase 5 which is approximately 2-112 years from now which gives everyone that time to work on this and a fall -back position would be an at -grade crossing. FAITH FREE LUTHERAN A request by the Faith Free Lutheran Church for a conditional use CHURCH CONDITIONAL permit to expand the existing church building at 405 Liberty Street. USE PERMIT The property is zoned R-3, Urban Single Family Residential and R- 4, Two Family Residential, which requires a conditional use permit to locate or expand a church within the zoning district. STAFF REPORT'S KCU-10-02 Sean Conrad representing the Kalispell Planning Department reviewed staff report K.CU-10-02. Conrad said before the planning board is a conditional use permit request for the Faith Free Lutheran Church. The church is located at the intersection of Liberty Street and Northern Lights Boulevard; is zoned both R--3 (urban single family residential) and R-4 (two family residential) which require a conditional use permit for a church or church expansion within that zone. Conrad noted the church is surrounded on three sides with high density residential development, single family residential and a park. Conrad described the expansion plans for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-10-02 as findings of fact and recommend to the Kalispell City Council that the conditional use ernzit be approved subject to the 7 conditions listed Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Page 5 of 17 in the staff report. BOARD QUESTIONS None. APPLICA.NTITECHNICAL None. SUPPORT PUBLIC HEARING None. MOTION Mendius moved and Hffichey seconded a motion to adopt staff report KCU--10-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 7 conditions listed in the staff report. BOARD DISCUSSION Griffin said the only question he had is when the new entrance to the lot is punched in to that private road it is going to impact the road that goes through the parking lot of the extended living facility to Three Mile Drive. Conrad said it is a private road and utility easement and they let the church know if they are going to be punching a driveway through there the city would need to see the easement agreement. Conrad said it was his understanding that the road was put there when the senior living facility was built several years ago but it serves as more of a secondary access. He added the main access is off of Three Mile Drive. POLL CALL The motion passed unanimously on a roll call vote. IMMANUEL LUTHERAN A. request by the Immanuel Lutheran Corporation of Kalispell for a CORPORATION OF conditional use permit to expand both the Buffalo Hill Terrace I ALISPEL CONDITIONAL senior living community and the Immanuel Lutheran Home. The USE PERMIT facilities are located at the northeast and northwest corners of the intersection of Claremont Street and Crestline Avenue. The facilities are zoned H- I , Health Care, which requires a conditional use permit for the expansion of a retirement home and nursing home. STAFF REPORT KCU-10-03 Sean Conrad representing the Kalispell Planning Department reviewed staff report KCU-10--03. Conrad said before the board tonight is a conditional use permit request for the Immanuel Lutheran Corporation of Kalispell to expand both the Buffalo dill Terrace and Immanuel Lutheran Horne senior living facilities. The properties are located off' of Claremont Drive and are zoned H--1 (Health Care) within the city. Conrad reviewed the vicinity map and aerial photo of the site for the board. Conrad continued the proposed project is in two phases the first being a three-story residents addition and a one-story assisted living commons area to Buffalo Hill Terrace; for the Immanuel Lutheran Horne there is a one --story rehabilitation/therapy cottage. Phase 2 Kalispell City Planning Board Minutes of the meeting of June 8, 2014 Page 6 of 17 includes a one-story fellowship hall and renovations to the current commons area. Conrad reviewed the landscaping plan and noted staff is recommending the 20 foot setback regularly required in the H-1 district be reduced to 15 feet based on the extensive review and comments received through the zoning ordinance update. The applicants are looking for that reduction to allow for greater separation between the therapy cottage and an existing wing. Conrad said there are issues with the landscape island and the parking lot in the same area. As noted in the staff report the landscape island would separate the parking lot to Claremont and the Public works Department wasn't comfortable with that particular design. Public works is looking more of a rectangular design for the landscape island to work better with their maintenance vehicles and for traffic safety. In relation to the parking spaces to cat ed at the front door of the proposed therapy cottage as a requirement of the Zoning ordinance when you are making turning movements into and out of a parking space they need to be on your property. with several of the parking spaces the turning movements would fall into the street rlw. Staff is recommending that the developer modify the parking and push some of the spaces closer to the building so that turning movements are all consolidated onto the project site. Staff reconmurnends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCJ-10-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the S conditions listed in the staff report. Conrad reviewed the attached letter from Michael and Alana Ober who had concerns about increased traffic noise and the therapy cottage impacting view sheds to the south. BOARD DISCUSSION Clark suggested making the parking in front of the door to the proposed therapy cottage angled and then they would back out onto their own property. APPLICANT/TECHNICAL Jeff Evans -- I 10 Crestline Avenue stated he is the CEO of REPORT Immanuel Lutheran Corporation and he introduced Gene Guszkowski from AG Architecture and Marco DePalma of the Bellaire Group who are working with the corporation on this project. Evans said the Immanuel Lutheran Communities is a continuing care retirement community serving Kalispell and the Flathead valley for over 50 years. Approximately 250 individuals reside on campus in various levels of service including, i-ndependent living, assisted livin and nursing home care and are Kalispell City Planning Board Minutes of the meeting of ,tune 8, 2010 Page 7 of 17 served by 268 staff members. Their mission is enriching lives by providing Christian communities of support and loving care and he believes they do that well. Evans asked for the board's support of their plans for expansion. Gene Guszkowski, AG Architecture, 1414 Underwood Avenue, Wauwatosa, Wisconsin stated his firm specializes in the design of senior living and they have enjoyed the opportunity of working with Immanuel Lutheran Communities. He said a continuing care retirement community is a living entity in itself. They have to be attentive to the kinds of services that are provided M a changing marketplace and consider the changing expectations among seniors throughout the country. They also have to be sure and construct the kind of facilities that can support those services so Immanuel Lutheran Communities that can continue another 50 years and beyond. Guszkowski noted Sean Conrad did such a great job of explaining their development and, he added, sensing there are other issues that need to be addressed by the board this evening, he reviewed the highlights of their project. Guszkowski said he appreciated Mr. Clark's observation about the angle parking which sounds like a great solution they hadn't considered. Guszkowski concluded by saying they respectfully ask for the board's approval. PUBLIC HEARING Margaret Davis, Lakeside stated she also owns a home at 160 Charlotte Avenue. The Immanuel Lutheran Corporation called the neighbors in to discuss the project which was appreciated. Davis said her continents do not address the improvements either at Buffalo Hill Terrace or Immanuel Lutheran Home but to the infrastructure that surrounds it. Davis also noted the three homes to the south of Buffalo Hill Terrace are also owned by I mmanue l Lutheran Corporation and constitute an integral part of their property holdings m the H-1 zone. She read the attached letter for the record. MOTION Schutt moved and Hinchey seconded a motion to adopt the findings in staff report KC -10-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 8 conditions listed in the staff report. BOARD DISCUSSION Griffin reported after reviewing the letter from Michael & Alana Ober he drove to their home and tried to address their concerns but from his observation point he couldn't see any issues. He explained further. Clark said Immanuel Lutheran does a fantastic job; it is the type of o eratio n that should b e promoted in Kalispell; and he supports Kalispell City Planning Board Minutes of the meeting of June S, 2010 Page 8of17 them and their plans for expansion. Schutt referred to Condition S and asked where the sidewalk connection would be on Claremont Street and Conrad said there is a sidewalk running along the location of the rehabilitation cottage and there is a sidewalk along Claremont Street and staff is looking for a connection. There was discussion regarding connectivity of the bike path/sidewalk along Highway 93 that would connect downtown with the hospital area. Conrad agreed that this connectivity would be good but the proposed project doesn't necessarily warrant these off -site improvements. Jentz said the city council recognizes that area is important for pedestrian access and a larger community solution needs to be looked at in that area. Further discussion was held and Clark asked if Immanuel Lutheran Corporation would be agreeable to an easement being put in place for a future sidewalk on their property along Highway 93 and Mr. Evans said they take a look at providing an easement and he added they would welcome the opportunity to work with the city towards that solution. ROLL CALL The motion passed unanimously on a roll call vote. FAITH COVENANT A. request by Faith Covenant Presbyterian Church for a conditional PRESBYTERIAN CHURCH use permit to allow a 36' x 36' two story addition to be constructed CONDITIoNA.L USE PERMTT between the existing church and church office building. The church is located at the southeast corner of Third Avenue East and Sixth Street East with the address as 611 Third Avenue East. STAFF REPORT KCU--09-08 Sean. Conrad representing the Kalispell Planning Department reviewed staff report KCU--09-08. Conrad said before the board is another request for a conditional use permit to expand the Faith Covenant Presbyterian Church. The church is located on the corner of 3 rd Avenue East and 6t" Street East. The property is zoned R-4 (Two family residential) which requires a use pen -nit for churches or church expansions. Conrad reviewed the elevation drawings and photographs of the church and expansion plans for the board. The proposed addition would connect the existing church with the existing office and is a 1300 square foot addition that would include 4 classrooms, an elevator, and an enclosed hallway. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-09-08 as findings of fact and recommend to the Kalispell City Council that the Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Wage 9 of 17 conditional use permit be approved subject to the 3 conditions listed in the staff report. BOARD DISCUSSION Griffin noted there is a utility pole in the middle of the alley behind the church and he asked about relocation of the pole. Conrad stated people currently drive onto church property to avoid the pole. He said there are no plans to remove the pole however, the alley will be paved which will define the alley route around the east side of the utility pole. The church will also define their property boundaries and the parking lot which will prevent people from driving onto church property to the west of the utility pole. A.PPLICANTITECHNICA.L Toms Jentz, 765 Forth Main Street stated he is representing Faith REPORT Covenant Presbyterian Church and is present to answer any questions. Jentz said they held a neighborhood Meeting about 2 weeks ago to discuss the church expansion plans and no negative comments were received. Jentz added most people appreciated that they tried to maintain the architectural integrity of the building with the expansion and the neighbors were encouraged by the fact that the alley and parking lot would be paved. There was one concern with parking lot lighting and they were told it the lighting will comply with the cit y' s dark skies lighting standards and they were happy with that. Hinchey asked how the alley will be separated from the parking lot when it is all paved and Jentz said with a landscaped separation. PUBLIC HEARING No one wished to speak and the hearing was closed. MOTION Clark moved and Graham seconded a motion to adopt staff report KCU-09-08 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 3 conditions listed in the staff report. BOARD DISCUSSION Hinchey asked if the sidewalk replacement plan cited in Condition ##3 *includes the entire sidewalk for the site and Jentz said they have agreed to replace only the portion of the sidewalk along the parking lot which had broken up. Hinchey said he agrees this is a marvelous addition which is in keeping with the character of the old church and he was also happy to hear they plan to save the old brick and use it so it will look life it has always been there. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: A request by Trigon, Inc. to revise the approved subdivision, Planned Unit Development (PUD) and modify several conditions of approval for the willow Creek subdivision. The revised project proposal includes a total of 471 lots, 397 single family residential Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Page 10 of 17 lots and 74 townhouse lots. The willow Creek subdivision is zoned RW3 (Urban Single Family Residential) with a PUD overlay zoning district and is located on the north side of Foys Lake Road generally between Valley View Drive and Learn Lane. The subdivision's eastern boundary is located along the alternate truck route right-of-way for Highway 93. The subdivision site encompasses approximately 140 acres. MOTION TO REMOVE Hinchey moved and Graham seconded a motion to remove the FROM TABLE willow Creek PUD & Preliminary Plat Revisions from the table for discussion. ROLL CALL The motion passed unanimously on a roll call vote. MEMBER STEPPED DOS New member Mueller recused himself from the willow Creek discussion since he was recently appointed to the board and was not involved in the extensive review of the project. He stepped down. BOARD DISCUSSION Conrad briefly reviewed the project. The current proposal is to amend the 2007 plan and reduce the number of dwelling units from 531 to 471. At the planning board's May 11, 2010 meeting the board elected to table the project and major concerns brought up at that meeting were the Rails to Trails street crossing; aesthetics along Foys Lake Road; and realignments of the street going through the project site. Conrad noted the board received a revised landscape plan and a set of PUD plan concepts for this development along Foys Lake Road which he reviewed. In addition, three lots were eliminated on the west side and 2 lots on the east side of the eastern -most access road from the development to Foys Lake Road. Staff is recommending that the Kalispell Planning Board consider recommended approving the willow Creek amended PUD and subdivision plat. Clark said the site and landscape plans are detailed but there is no site plan for the areas along the alternate truck route. Conrad said there were general landscaping plans included in the binder the board received, and although they are not as detailed as the most recent drawings that were submitted those areas will be landscaped. Conrad said a condition of approval requires a formal detailed landscape plan be submitted to the Parks & Recreation Department for their review and approval prior to final plat approval of that particular phase which includes the landscape berm along the alternate truck route. Mendius asked what the plans are for carrying the trail under the Kalispell City Planning Board Minutes of the meeting of June S, 2010 Page I I of 17 bypass and Jentz explained the alternate truck route will bridge over Ashley Creek and the trail on the north side of Ashley Creek and one on the south side of Ashley Creek. The north path will be on the west side of the alternate truck route up to the Great Northern "Meridian" trail and the southern trail will route into this development and connect with the Willow Creek trail system. Clark asked for clarification on which phase the north/south connector road is required to be completed and Jentz said when the 200th lot is final platted and Conrad added based on the number of lots in each phase, as presented by the developer, that would be phase 5. Jentz said it was worded that way in case the phasing plan is altered by the developer. Griffin said he has been studying the traffic impact study because he is concerned about traffic impacts to Foys Lake Road from the bypass and from this development. He asked at what point will traffic control lights have to be installed at one or both of the access roads onto Foys Lake Road. Conrad said as a recommended condition of approval the first phase would plat 30 lots but every phase after that the developer will have to submit a revised traffic impact study. The traffic impact study does state there may eventually be a warrant for a traffic signal so that condition was added. Any required mitigations would have to be approved by the Public works Department. Mark said he feels the rove house should be limited to 4 units with spacing in between. Clark asked Turner if he would consider putting his project on hold for 30 days until an agreement on the underpass could be reached with Rails to Trails. Mark said the trade off would be the board could then vote on the PUD and subdivision tonight. Turner reviewed the meeting he had with Rails to Trails after the last planning board meeting where they discussed this proposal and the following day they received word that Rails to Trails rejected that proposal. without some assurance that their reconsideration would result in an agreement he would not consent to delaying his project another 30 days. Hinchey said Mr. Siderius stated tonight the underpass proposal is something that he thought the board would reconsider. Turner said he believes there are other members of Rails to Trails who do not share Mr. Siderius' opinion and he also thinks that the parks board came up with the best solution which is to work between now and the platting of the 200t" lot to come up with a solution that works for everyone. Graham said in between now and then what would be done Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Page 12 of 17 differently from what is in front of the board right now and Turner suggested there are a number of solutions. Graham said those options are out there now and what will change people's minds. Hinchey added if the project is approved tonight as presented, with an at --grade crossing that is what will be built and there would be no incentive to do an overpass or an underpass. Turner said he has made a commitment to the county that he will work over the next 2-1/2 years to try to come up with a grade separated solution. If a grade separated solution cannot be found then he and the county parks board agree that the level of safety that goes along with an at -grade crossing is sufficient even though a higher level of design is preferred. Clark noted the board reviews subdivisions and makes decisions based on what is in front of them and not what is going to be done in the future. S iderius said the Rails to Trails committee reconsidered the box culvert last night but they would want to see the details before anything further is decided. He added if they agree to an underpass they would want lights inside the culvert for added safety and security. Clark asked if Siderius would commit to, within the next 30 days, enter into good -faith negotiations to get this job done if Mr. Turner would agree and S iderius said yes however he stated they would not be agreeing to commit any money at this time. Griffin said he supports the northern access because of traffic flow and other safety reasons for the people who will be living in the development and he needs a resolution as quickly as possible. If he can be assured that an agreement will be reached within the next 30 days then he will vote for a 30 day extension otherwise he will vote for or against the project tonight. Clark repeated his question to Turner and whether Turner will agree to a 30 day extension and Turner said he would prefer an up or down vote this evening as long as this board does not make a decision based solely on the trail crossing issue. Turner said then they could move forward in the spirit of good -faith and not have his project hanging in the balance. Turner added he was not told by the Rails to Trails representative that their board was going to reconsider the box culvert option. He feels his commitments to the county should suffice. Graham asked for clarification on the landscape plan which Turner provided. Graham said the cross -sections provided are exactly what he needed to see because he had several questions before those drawings were submitted. Clark said an agreement needs to be worked out before the board Kalispell City Planning Board Minutes of the meeting; of June 8, 2010 Page 13of17 approves the project. MOTION -- ADD CONDITION Hinchey moved and Clark seconded a motion to add Condition # RIF,: BIKE PATH to state "The bike/pedestrian trail will continue on the north side of the willow Creek development, cross under the street in a box culvert and then proceed north back to the original trail." BOARD DISCUSSION Schutt said there are 4-5 different ways to resolve this issue he thinks the parties should be given the tools to resolve the trail issue and see where the negotiations go. Hinchey said he is not sure that is possible from what he has heard so far. Griffin said he is not prepared to redesign the trail crossing and doesn't feel qualified to make the decision that the box culvert is the best solution. Graham said the subdivision shouldn't be held up by this issue. If the playing field is leveled it brings both parties to the table for negotiations. Griffin said he would have to vote against this amendment unless the stipulation was added that this is the board's decision and it may force the parties to agree to a solution in the future. Schutt said he doesn't like the amendment, he feels it is micro- managing/designing. Schutt said he wants a solution that everyone is happy with and to know they are willing to negotiate in good faith. Hinchey and Clark agreed but Hinchey added he wishes a solution had been brought to the board. Jent2 reminded the board they need to send a recommendation forward to council tonight and only the applicant Mr. Turner can request a continuation. The board could vote on the amendment and there would be nothing to stop the parties in the future from corning up with an agreement and perhaps another solution. Clark asked with that in mind how would they go about changing the condition and J entz said minor changes are handled at the city' s Site Review Committee and major changes would be reviewed by city council. Further clarification of the motion was discussed. ROLL CALL I The motion passed on a roll call vote of 4 in favor and 2 opposed. Kalispell City Planning Board Minutes of the meeting of June S, 2010 Page 14 of 17 MOTION — ADD CONDITION Clark moved and Hinchey seconded a motion to add a condition TO LIMIT ROW HOUSES TO that would limit the length of the row houses to no more than 4 4 UNITS -units with a 20 foot separation. BOARDDISCUSSION Clark stated having 8 or 12 townhouses in a row was excessive and would not be appealing. H inchey agreed. Conrad provided the elevation drawing of the row houses for the board. ROLL CALL The notion on a roll call vote of 3 in favor and 3 in opposition. BOARD DISCUSSION Mendius said at the last meeting he voiced his concern regarding the landscaping issues along Foys Lake Road and the potential conflict with some of the lot locations and he feels that concern was addressed by the elimination of the lots the developer mentioned. Graham asked if the concerns regarding the 30 foot cliff were addressed and Conrad said based on the revised preliminary grading plan the cliff will be laid back into the slopes and the grades are now proposed at 10 — 12%. Turner reviewed the grades in the area in question and noted the steepest lots are 15 to 16% which hasn't changed since the public hearing however the grading map was initially labeled incorrectly. Schutt asked about the grade elevation difference between Foys Lake Road and west Duxbury Drive in the subdivision and Turner responded 25 to 30 feet. Turner added the cliff will be gone. Conrad reviewed some minor amendments to the conditions based on discussions with the applicant. i Condition # 11 requires a minimum of 14.13 acres of developed parkland. with some of the conditions and with the revised designs on Foys Lake Road some of the lots will be eliminated. To reflect that change, and to not require more than the nmnirnum parkland from the developer, staff recommends a note be added that states "Parkland is based on the minimum requirement of .03 acres per dwelling unit. The 14.13 acres of parkland is based on 471 dwelling units which may change if lots are ellmffiated." ® Condition #3 S was written when the previous grading plan had the 2 foot contour intervals and the lots seemed steep. Now with the revised plan and 1 foot contours the slopes were cut in half. Therefore staff is recommending removing Condition #3 S and allowing the staff report to be modified to reflect the new preliminary grading plan. Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Page 15 of 17 Schutt said a geotechnical report would be required for steep lots and instead of eliminating Condition #38 couldn't the developer indicate when filing the plats that there are no steep lots and therefore the condition is not applicable. Conrad agreed. Condition #47 relates to the improvements along Foys Lake Road and originally the Public works Department was recommending a deceleration and acceleration lane for the 2 street intersections. Conrad said based on further review there is no regulatory requirement for the lanes and Public Works has now recommended that portion of Condition #47 be stricken. Conrad continued as this project builds out there will need to be improvements along Foys Lake Road to upgrade to an urban collector standard which may require the need for the deceleration and acceleration lanes in the future. Schutt said the updated Traffic Impact Study that is required could potentially ask for some mitigation features like that and Conrad said yes and that would be contained in the impact studies when. warranted. Schutt said those recommendations are the start of negotiations or are automatically forwarded on to the developer as their responsibility and Conrad said those mitigations are placed in a study sent to the Public works Department for their review and approval and if Public works agrees with those mitigation measures then yes the developer is obligated to complete them. Hinchey suggested instead of making the change staff recommended wouldn't it be prudent to say improvements shall include deceleration and acceleration lanes for the 2 street intersections if required and Conrad agreed and added the purpose of the change is the developer doesn't need to put in the lanes as part of phases 1, 2, or 3. Graham asked how future buyers of lots or houses in this development will be notified that certain lots are compacted and after some discussion it was agreed a note could be placed on the final plat for each phase. iVIC3'I'ION — AMEND Graham moved and Clark seconded a motion to amend Condition CONDITION #36 #36 to include a note on the final plat for each phase indicating any lots that contain more than 3 feet of fill. ROLL CALL I The motion passed unanimously on a roll call vote. MOTION — AMEND Schutt moved and Graham seconded a motion to amend Condition CONDITION # 1.1 # 11 as follows: "Parkland is based on the minimum requirement of .03 acres per dwelling unit. The 14.13 acres of parkland is based on 471 dwelling units which may change if lots are eliminated." Kalispell City Planning Board Minutes of the meeting of June 8, 2010 Page 16 of 17 BOLD CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION The board decided to approve Condition. #3 8 as written. MOTION -- AMEND Mendius moved and Hinchey seconded adding the words "as CONDITION #47 required" to Condition #47. ROLL CALL The motion. passed unanimously on a roll call vote. ROLL CALL — ORIGINAL The motion to approve the revisions to the willow Creek Planned MOTION Unit Development and subdivision, as amended by the board, passed unanimously on a roll call vote. NEW BUSINESS: Jentz said the city zoning ordinance review has been concluded with 2 council subcommittee meetings and the ordinance will be on the council's agenda June 28, 2010. The changes could be effective in August. ADJOURNMENT The meeting adjourned at approximately 8 : S 0 p.m. NEXT MEETING The next regular meeting of the Kalispell City Planning Board and .honing Commission is scheduled for July 13, 2010 at 6:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The next work session of the Kalispell City Planning Board and Zoning Commission is tentatively scheduled for Tuesday, July 13, 2010 alter the regular meeting in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. Bryan H . Schutt President APPROVED as submitted/corrected: 1 110 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of .Tune 8, 2010 Page 17 of 17 Michelle Anderson From: Michael_Ober@nps.gov Sent: Tuesday, May 25, 2010 7:35 PM To. Michelle Anderson cc: alannaober@yahoo.com Subject: ILH expansion Kindly permit us to express our objections to the proposed addition to the Immanual Lutheran Home (ILH) on the following grounds: --We have lived adjacent to the ILH for the past twenty one (21) years and have endured two expansions already and each one has caused increased traffic and noise to our residential property located directly to the north. These changes to the ILH campus have diminished our ability to enjoy our quiet neighborhood. The proposal will clearly add to the neighborhood traffic, and associated noise from ventilation units, commercial delivery trucks, coolers, fans, garbage collectors and snow removal equipment, all of which we have already experienced as a result of the prior expansions. --Parking is already at a premium at ILH. At times of increased visitation for specific social events at ILH, we have had to put up with cars parked in our driveway and adjacent to our home at 54 Bu-ff alo Hill Drive t❑ the extent that we were unable to negotiate a safe and clear access to our driveway. This proposal will only lead to a further deterioation of that situation. --The proposed expansion for the rehab and therapy "cottage" will inevitably increase the above --mentioned traffic and noise and will dramatically alter, in a negative manner, the existing campus of the ILH by removing mature and attractive trees and shrubs and will obliterate the existing grass and lawn perimeter of the current ILH footprint. We have come to value the "campus" nature o-E the ILH grounds and this proposal will only serve to expand the institutional footprint in such a way that it will diminish our current property value by destroying the residential character of the neighboring homes. As the institutional presence grows, my residential property values go down. --The term "cottage" is hardly a minor change in the look and feel of the proposed 15,000 square foot expansion! This will change the appearance of the campus area and change the feel of the entire neighborhood to the detriment of all neighbors. --The proposed change will also diminish our ability to enjoy our current viewshed. Though one story in design, views downvalley will be negatively altered. ---once, just once, we would like to see the Kalispell city planning board and zoning commission, DENY a conditional use permit in favor of strong and traditional neighborhood values instead of corporate bottom line profits. We moved here because it was a quiet, simple and pleasant neighborhood several years ago...it no longer is. when is the city going to adjudicate on behalf of its residents instead of corporate interests? Please deny this permit. We are unable to be present at the public hearing but wish this to be our formal public comment. Michael and Alanna Ober 54 Buffalo Hill Drive. Kalispell, Mt -59901 0 Kalispell Planning Board June 8, 2020 Margaret S Davis, owner charlotte Ave. home, POB 788, Lakeside MT 59922 S l Immanuel Lutheran Corporation of ■■-w request w for a conditiona e permit to expand Buffalo Hill Terrace., 40 Claremont St. Immanuel Lutheran Corp is a major property owner in the H-1 zone with 11.34 acres. As an early provider of nursing home care in the Flathead valley, Immanuel Lutheran has maintained its mission for providing high quality care and facilities. The proposed changes at the Immanuel dome and Buffalo Hill Terrace are expected responses to the need for expanded, updated square footage and services. In the future, the community can expect continued growth and re -development by Immanuel Lutheran and other health related services. My primary concern is with pedestrian and bicycle access to the hospital complex and safe routes between downtown Kalispell and Flathead Valley Community College (approximately 1.6 miles). According to the Montana Bureau of Labor and Industry (2ndquarter 2000 data), KRMC is the largest nongovernmental employer in the county. Brendan House and Immanuel Lutheran Horne are also among the top 20 employers and all operate 24/7. In 2007 4713 people were employed in health care and social assistance employment, most of them in Kalispell's H-2 zone. In addition., patients and their families, visitors, emergency vehicles, deliveries, service providers, shoppers and diners, Summit users, and nearby residents, access this area of Kalispell which needs serious improvements in its connectivity and traffic system. The Immanuel Lutheran Corp property is bisected by Claremont Avenue, one of the few streets south of Heritage way with sidewalks on both sides of the street. The Buffalo Hill Terrace property also has boundaries on Mission Stjcrestline Avenue and Hwy 93 both of which are dangerous and scary for pedestrians and cyclists. l urge that the planning board recommend two conditions to the requested permit. 1. Sidewalks shall be provided on the north side portion of Grestl�ne Avenue between Mission and Claremont. 2. Sidewalks shall be provided on its Hwy 93 frontage in conjunction with the proposed detention pond and new parking shelters. The time has come for the city and the health care community to commit to improving the infrastructure in this area .for the safety of employees, patients, residents, and others who attempt to access this area by foot or bicycle. Past growth in this area has resulted in a patchwork of private and public streets, one-way streets, inadequate sidewalks, extensive curb cuts, poorly proportioned rights -of - way, and dead -ends. As these community -oriented facilities grog and change, so must the total transportation system that serves them. Re -development of Immanuel Lutheran Corp's property is a logical opportunity to begin the process. 6/7/10 Survey of hospital area streets, M.S. Davis Claremont Avenue sidewalks both sides Crestline Avenue between Claremont and Buffalo Hill Dr, sidewalk on N side Mission Street no sidewalks Hwy 93/Sunset Blvd no sidewalks between J2 office (NE corner Sunset and Wyoming) and Grandview Dr Burns Way private street, no sidewalks except for portion fronting 1250 Burns Conway Street no sidewalks both sides of 100 Block, no sidewalk 5 side Hwy 93 to Brendan House, and spotty N side sidewalks/non-ADA in Brendan House area Buffalo dill Drive bicycle/pedestrian trail between city water tank and garage to dirt road B of Brendan House Sunnyview Lane sidewalks both sides N Meridian Road no sidewalks on N side, one-way street Windward way private street (?), between. Conway and Sunnyview Ln., no sidewalks on w side Windward way between Sunnyview Ln and Meridian, sidewalk on w side, intermittent and non-ADA on B side, Spruce Wood Apts appear to be demo candidates Windward way between Meridian and Heritage Way, no sidewalks on w side Heritage way no sidewalks between Hwy 93 and windward Windward war N of Heritage Way, sidewalks both sides Windward Loop sidewalks both. sides Commons Way sidewalks both sides, Hwy 93 to Grandview Dr Commons Loop sidewalks both sides Grandview Drive no sidewalks, Hwy 93 to Commons way 6-6--10 Dear Planning Board, KALISPELL'PLANNING HPARTMEN I'm Steve Luckey, President of the Stoneridge Homeowner's association, physically located adjacent to the Willow Creep subdivision. The Stoneridge residents have voiced opposition to the proposed development for several valid reasons and these objections are already a matter of record, but the Planning Board approved the project despite the many adverse comments, so obviously this letter is only relevant from the perspective of the impact on the local community. A few days ago I visited at the Planning Board office and received a well --appreciated briefing on the progress and projections of the Willow Creek subdivision. The 471 units will produce a significant increase in traffic on Meridian. Using the Planning Board's figures of 10 trips /day/vehicle, it's not an exaggeration to project a few thousand additional trips on Meridian each day. Currently, all of the Willow Creek traffic will enter Foy's Lake Road exclusively at two points on Foy's Lake Road until either phase five, or 200 units, are completed before the Highway 2 entrance is built. This is totally unacceptable. Everyone was amazed that the board would approve a low cost, high density housing project next to some million dollar homes, especially one in which low income people have no walking distance access to services and other facilities. To say that these will be single family units is not being realistic. This type of housing is a magnet for multi --family occupation with relatives and friends moving -in and sharing expenses. They make attractive rentals and these units are also frequently occupied by several people living together, sharing expenses, bringing additional vehicles into an already limited parking situation. Since the developer is requesting some changes to the original plan, and some of the original features were initially presented incorrectly, perhaps this is a good time to review some considerations as both the time and circumstances have changed dramatically. The overall economic climate; mortgage defaults, tight money, and slow housing sales have painted a dramatic shift from a few years ago when Willow Creek was proposed. There's currently over an eleven year inventory of units and lots for sale (well over 3000) in the Flathead. Who's going to buy these things? if they don't sell, what insurance does anyone have that the project will not remain uncompleted for years? Then what kind of an impact will this have on Stoneridge and the local community? The Board stated that the developer was responsible far relieving any additional impact on traffic as a result of the project. what's he going to do, widen Meridian? That will never happen! We all know that's virtually an impractical option. The developer states that the bypass will relieve the additional traffic. Hogwash, and we all know it! People will get off at the round -about just like they get on and the idea of traffic lights to reduce traffic is absurd. All they do is reduce the flow and add to the congestion. The only responsible answer is to put in the Highway 2 access before any construction is even started. The infrastructure needs to be completed before a real crisis develops, not after. There will be a substantial impact on traffic due to the Willow Creek development. I was impressed by the fact that the Planning Board `only notifies' the School Board regarding construction projects. There's no sharing of planning or coordination regarding the impact of additional students and the management of resources. The 471 units, consisting mostly of first time love -income home owners historically produce a lot of children. It's not inconceivable that here could be another thousand elementary school children resulting from this project. In his `Request to Amend' dated May 5, 2010, -the developer admitted that Willow Creek "would have a potentially significant impact on the [school] district, particularly on a cumulative level with other developments pending within the district." Dr. Schottle, the Superintendent of Schools for School District 5, emphasized in her letter to the developer that Peterson Elementary School is already at capacity enrollment. What is the developer's response to this issue? -- Simply stating that Montana statutes "may not deny approval of a proposed subdivision based solely on the subdivision's impact on educational services." other options are available. At a minimum, the developer should be required to contribute land or funds to the school district to mitigate the burden his subdivision will have on the district. Perhaps a proposed elementary school within the development, one in which the students could walk to school, should be a serious consideration. Planning for this option now, before it becomes a crisis situation, may be a prudent decision for the city, despite the challenges of current funding, bond issues, etc. Depending on the wind direction, the Stoneridge residents are currently plagued with dust/dirt and noise from the development. Things appear to be moving at a snail's pace, one that has produced an unsightly mess for both residents and passersby travelling along Foy's Lake Road. The economy is experiencing a very slow recovery and the possibility of this project being less than successful is a reality. The developer has appreciated several million dollars to date, due to the bypass and sale of material, so any modifications with regard to density, raising the quality and size of the lots and units, is not a significant financial burden. I- 1 es PE e.cfully, i F..6r the rest ents and lot owners of Stoneridge, Stephen A.Luckey, President Stoneridge HOA 406-752-8858 Saloo7@aol.com