03-26-13 Special MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF SPECIAL MEETING
MARCH 26, 2013
CALL TO ORDER AND
The special 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: Chad Graham, Phillip Guiffrida, Rory
Young, Charles Pesola, Ken Hannah and Matt Regier. Richard
Griffin was absent. Tom Jentz, Sean Conrad and P.J. Sorensen
represented the Kalispell Planning Department. There were 8
people in the audience.
APPROVAL OF MINUTES
Pesola moved and Guiffrida seconded a motion to approve the
minutes of the March 12, 2013 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak and the public comment period was closed.
OLD BUSINESS:
A request from Gardner Investments LLC for a planned unit
development (PUD) zoning overlay approval for two tracts of land
GARDNER INVESTMENTS/
located at the southeast corner of the intersection of Highway 93
VOLKSWAGEN
South and Willow Glen Drive. The PUD is requesting approval to
DEALERSHIP PLANNED
develop both tracts of land to accommodate an auto dealership on
UNIT DEVELOPMENT
one tract of land and either an additional auto dealership or similar
supporting business on the second tract of land. Both tracts of land
are currently undeveloped.
MOTION TO REMOVE
Guiffrida moved and Hannah seconded a motion to remove the
FROM THE TABLE
Gardner Investments/Volkswagen Dealership PUD from the table
for further discussion.
ROLL CALL VOTE
The motion was approved unanimously on a roll call vote.
BOARD DISCUSSION
Graham asked if the board members had a chance to read the
information that was submitted by Ken Kalvig, attorney for
Montana Venture Partners and Ken Hannah said although he was
not at the March 12th public hearing he has had an opportunity to
come up to speed on all the infonnation that was presented
including the binder from Kalvig's office; the agenda, packets,
minutes and he has watched the video from March 12th meeting. He
feels he is fully prepared to discuss and vote on the PUD
application request.
Sean Conrad of the Kalispell Planning Department noted the city
received a copy of a letter dated March 19, 2013, from Ms. Jean
Riley, Transportation Planning Engineer with the Montana
Department of Transportation which indicates what would be
re wired when the two lots are develo ed and the develo er
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
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requests an encroachment permit from MDT. A copy of this letter
was emailed to the board and a hard copy has been provided
tonight.
Guiffrida said he read through the binder and he added it is
important to remember the role of this board. As to the concerns
over latecomers agreement Guiffrida said he doesn't feel the
planning board should be involved because it is outside their scope
and between the two property owners. Guiffrida noted the board
looks at the basics, does this property have adequate infrastructure
within close proximity to it that can be used and the answer is yes.
The board also needs to consider the type of PUD they are dealing
with - this is not a large scale subdivision with multiple uses but a
small commercial PUD. He feels the conceptual drawings
submitted are appropriate. Guiffrida added the board should
consider only the two lots specifically the Volkswagen dealership
and Public Works will make sure that the requirements are met for
water and sewer. Guiffrida said the staff report accurately states the
findings of fact and he supports the proposal.
Hannah asked for clarification on the memo from staff regarding
the contents of the binder that indicates the "city" is responsible for
ensuring the terms of the latecomers agreement and not the
planning commission and Conrad said that is correct.
He questioned the use of the word "abut" and Conrad said it could
say "adjacent to" instead.
Hannah asked if this PUD application was for the full 80+ acres or
only the 7.6 acre site and Conrad said a full PUD for the 7.6 acres.
The remainder of the property remains under the PUD placeholder.
Hannah continued in the findings of fact on page 12 staff indicates
there is a possibility of installing a regional lift station for the
development of Tract 2 and future development and Conrad said
water and sewer are available to these properties but the specific
engineering is still conceptual. Depending on the type of
development proposed for Tract 2 and the other properties they feel
they may need to utilize a regional lift station but that can't be
determined at this time.
Page 17, item #6 references a development agreement that would
be drafted with the city and the developer and Hannah asked if the
agreement would be specific to the 7.6 acres only and Conrad said
yes. Conrad added Condition #5 gives the property owners a heads
up that the city will need more detailed information on the other
55+ acres such as a frontage road and identify if a regional storm
water detention area is needed, etc., Condition #10 requires a
traffic analysis for the 7.6 acre PUD and one for the other 55+
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
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Hannah asked how Chapter 27.19 of the zoning ordinance was
applied and Conrad said that section of the zoning ordinance states
within any PUD application they can either submit a full PUD
application or a PUD placeholder or they can do both. Conrad said
that provides flexibility for the developer in instances such as this
when you they are only looking to develop a portion of a large area
and they don't really know how the other acreage will be
developed. Hannah said so the PUD placeholder will not have to be
resubmitted because it remains in effect for the remainder of the
property and Conrad said yes.
Hannah asked for clarification under Section 3(K) where it refers to
a subdivision and asked if there is a subdivision with this proposal
and Conrad said no subdivision was required because these are two
existing tracts of land.
Hannah said the ordinance specifies that when multiple owners of
the property are involved all owners must sign the application or
provide a letter of consent and he asked if this was covered on the
application and Conrad said yes.
Hannah concluded by saying this is a very good proposal for the
property and he agrees with board member Guiffrida that the facts
are very well laid out and he appreciates the work the staff and
developers have put into this project. Hannah said he will give this
project a favorable recommendation.
Graham asked if the letter from NOT coincides with Condition #10
and Conrad said it does because MDT is saying that they want a
traffic analysis for the 7.6 acre project and for the remainder of the
property under the PUD placeholder. Conrad added it also ties in
with Condition #20 which requires an approach permit from MDT
prior to the issuance of the certificate of occupancy.
MOTION
Guiffrida moved and Young seconded a motion that the Kalispell
Planning Board adopt Staff Report KPUD-13-01 as findings of
fact, and recommend to the Kalispell City Council that the PUD
overlay zoning district be approved subject to the 20 conditions as
amended at March 12, 2013 meeting.
ROLL CALL
The motion, as amended, passed unanimously on a roll call vote.
NEW BUSINESS:
Jentz noted that there will be a planning board meeting on April 9,
2013 and the only item on the agenda is a three lot subdivision on
Mile High Court near Denver Avenue.
The GardnerNolkswagen PUD will be scheduled for the April 15,
2013 city council meeting.
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
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ADJOURNMENT
The meeting adjourned at approximately 7:25 p.m.
NEXT MEETING The next planning board meeting is scheduled for April 9, 2013
beginning at 7:00 p.m. in the City of Kalispell Council Chambers
located at 201 1" Avenue East in Kalispell.
NEXT WORK SESSION I The next work session has not been scheduled.
APPROVED as submitted/corrected: 11
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
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