Planning Board Minutes - March 13, 2007RALISPELL CITY PLANNING BOARD & ZONING COMMS►SION
NOWTES OF REGULAR MEETING
:KARCH 13, 2007
CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and
CALL Zoning Commission was called to order at 7: oo p.m. Board
members present were: Timothy Norton, Bryan Schutt,
Robyn Balcom, and John Hinchey. Rick Hull and Bari
Gabriel were absent. Nicole Johnson and Sean Conrad
represented the Kalispell Planning Department. There were
approximately 20 people in the audience.
"PROVAL OF MINUTES Schutt moved and Balcom, seconded a motion to approve the
minutes of the February 13, 2007 regular planning board
meeting.
The motion passed unanimously on a roll call vote.
HEAR THE PUBLIC Marilyn Johnson, 550 Three Mile Drive stated that a little
over a year ago she was in this room listening to a hearing on
a subdivision that the board recommended the city council
approve which they did. Johnson said she wishes this board
would have had to be in her shoes the last year. She would
like to encourage this board to consider the environmental
uproar that these developments are causing. She could not
enjoy her yard on her 4 acre property last summer because
of the dust storms from the development activities. She said
when you take the topsoil off of 53 acres and pile it up you
can't expect one water truck to be sufficient for dust
abatement. Unfortunately she anticipates that she will have
the same thing to look forward to this summer.
Johnson said that she has spent the last week on the phone
to Helena regarding water problems off the same
development. She had. 5 to 6 feet of water on the west side of
her driveway that was running directly into Bowser/ Spring
Creek, a freshwater stream.
Johnson said that she knows that development can't be
stopped but she thinks the board should consider adding
conditions that would address the impacts on the neighbors
and the natural resources. That way, she added, the
developers will know ahead of time what the restrictions are
what is expected of them.
Norton suggested that when there are these problems in the
future she should feel free to call the planning office.
Johnson said she did call the planning office and that is why
she came to this meeting. Norton said that the board will
definitely discuss her concerns.
YOUTH HOMES - A request by Lance Isaak of Youth Homes for a Conditional
CONDITIONAL USE PERNUT Use Permit to locate a shelter care facility for youths ages 10
to 18 on an approximately 14,000 square foot -property
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located at the corner of Eighth Avenue East North and East
Oregon Street. The property is zoned R-3, Urban Single -
Family Residential, which requires a permit for the proposed
use within the district.
STAFF REPORT I CU-07-01 Nicole Johnson, representing the Kalispell Planning
Department presented Staff Report KCU-07-01 for the Board.
Johnson provided the location of the property for the board.
The property is zoned R-3, Urban Single Family Residential.
There are 2 vacant lots where the proposed home will sit on.
Johnson noted that under Montana State Lawn Shelter Care
Facilities like this one are considered a residential use. The
provision also prohibits cities from denying permits like this
and added the public hearing is for informational purposes
and provides a forum for public comment.
Johnson said during the review a variety of issues were
addressed one of which was design and neighborhood
compatibility. The east north area of Kalispell is a well
established urban residential area. The Flathead Attention
Home, which is the shelter care facility, would function
largely as a family unit. Johnson noted the elevation
drawings and site plan and said the proposed home would fit
well into the existing neighborhood.
Johnson added notices were sent to adjacent property
owners and she had not received any comments until
yesterday when she spoke to a Ms. Kayla Jones who lives at
303 - St' Avenue EN, which is across the street from this
property. Ms. Jones asked Johnson to convey to the board
her concerns for the board's consideration. Jones has 4
small children and is concerned with having troubled teens
in the neighborhood and the impact a group home would
have on property values.
Staff recommends that the planning board adopt staff report
KCU-07W-01 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subj ect to the 5 conditions listed in the staff report.
QUESTIONS BY THE Norton asked about the sharing of parking spaces with
BOARD Shining Mountain Church. Johnson said under the zoning
regulations only 2 off-street parking spaces are required
which will be provided in the garage and paved driveway. The
shelter has an agreement with Shining Mountain Church to
use their parking lot which would provide for additional
parking needs especially on Wednesdays when they have up
to 10 vehicles for a morning staff meeting.
APPLICANT/ AGENCIES Lance Isaak, Program Director of the Flathead Attention
Home provided the board with an overview of the program.,
its_general routine, and the licensing requirements. They are
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Minutes of the meeting of March 13, 2007
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licensed by the State of Montana to provide shelter care for
youth between the ages of to and 18. over the past decade
of service in the Flathead they worked with over 1,000 of the
community's youth. Most of these stays range from 1 day to
6 months and the average is about 8 weeks. On any given
day, 6 -- 8 kids would be at the home.
Isaak continued youth who come to the home have reached a
crisis in their lives and the home provides attention rather
than detention until the crisis is over and they can be
transitioned back home. Staff attempts to make everyone's
stay as homelike as possible while still maintaining structure
and routine. Supervision and safety are their primary goals.
Isaak said that often means that kids are not allowed out of
staff supervision for more than 15 minutes, and girls and
boys are never allowed alone at any time. Isaak described the
daily routine of the home for the board.
Isaak said they maintain a staff ratio of 1 adult and 4 youth,
except for the overnight where they have one overnight staff
member who stays awake.
Isaak referred to a letter from the state inspector who reviews
the license on an annual basis which states over the past 6
years, that she has been reviewing their program; they have
been in compliance with all of the licensing requirements.
Part of the license requirement also stipulates that they have
a Fire Marshal and county Health Inspector inspect the
facility on an annual basis.
Isaak said the Flathead Attention Home desires to be a good
neighbor and he reviewed the community volunteer programs
that the kids participate in each year. It has been his
experience when the kids can see who they are helping they
feel better about themselves and become more motivated to
be good citizens.
Isaak: said in the past decade the home has been forced to
move twice and it has been a challenge to provide a stable
environment for the kids when their program is in transition.
By granting the conditional use permit it will allow them to
move forward on pursuing the creation of a permanent home
for the Flathead Attention Home. All of the kids in the
community need to be taken care of, especially those who are
struggling.
Hannah Plumb, Development Assistant for the Flathead
Attention Home told the board about one youth that was
referred to the home which removed her from a very difficult
home situation. Plumb said this girl was just one of over
1,000 stories that the Flathead Attention Home has become
a part of. For over 1,000 kids the home has been a place to
call home when they had nowhere else to go. The staff is
passionate about their mission to assist kids in finding
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security, a sense of belonging and a place to call home.
Plumb added their kids are a tangled mix of brokenness and
beauty and they feel they are worth every ounce of their
caring and they hope to keep caring for a very long time.
PUBLIC HEARING Larry Seed -- 465 -- 9th Avenue East North said he came here
mostly to learn about this home. He said he has had some
experience in another community where he lived next door to
a group hone and it was not a shining example. He is not
against something that provides an opportunity to help kids
but he added it must be recognized that for the neighbors
living next to this type of facility there are impacts.
Seed said with the Attention Home next to them there will be
a continuous stream of troubled kids. He noted in his past
experience there was some vandalism and minor thefts.
There were nights when he would pull in fairly late at night
and the kids would glare at him and not move until he called
the police and they arrived. Those kids don't come back
anymore because they have worked together and have
cleaned up their neighborhood.
Seed said the home is also dependent on another property to
allow parking which is not something that would be cast in
stone and if that were to. changewhere would the vehicles
park? Seed asked the board to consider the impacts.
Theresa Knudson owns the property that would be adjacent
to the home. She asked about curfew, lights out and if there
would be any kind of fencing. Norton said the board will ask
those questions of the Attention Horne staff after the public
hearing.
MOTION Schutt moved and Hinchey seconded a motion that the
planning board adopt the staff report KCU-07-01 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.
BOARD DISCUSSION Schutt asked the average length of stay and why they were
forced to move on two prior occasions. Isaak responded in
the mid 90's there was no shelter care operation so they
invited Youth Homes to start the Flathead Youth Shelter
located at 295 Homestead Road. In 2000 there was a fuel oil
leak and they had to shut down the shelter for 9 months.
Lucidly they found a property to lease on 430 Four Mile
Drive and last summer it was sold and they were given only a
60 day notice that they had to move. Since then they have
leased a home at 14 Panoramic Drive. Isaak said the average
length of stay at their facility is 3 creeks.
Balcom asked if they have a good rapport with the neighbors
on Panoramic Drive and Isaak said that they do. He also
added that they sent out invitations in January to all of the
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neighbors and invited them to meet with their staff to
discuss any concerns that they may have and Earl Holtz
came who is a neighbor of their current facility and gave
what Isaak would consider a glowing report.
Dalcom. asked if there would be any signs, or would it look
like every other house and Isaak said they will have a small
sign on the house that says Flathead Attention Home
because there are people who are looping for their facility
and they want to make sure they can find it.
Schutt asked about curfew and lights out and Isaak said bed
time is 9 - 9:30 on school nights, 10 -- 1.0:30 on weekends.
During the summer even though it stays light out they do
not let the youths run around.
Hinchey asked about the parking agreement with Shining
Mountain Church and Isaak said it is a verbal agreement.
Every Wednesday they have a staff meeting and at that time
- usually 2 hours - there would be approximately 10
vehicles.
Norton reminded the board that according to State Statute
the only restrictions that the board can place on this facility
are the ones that can be placed on residential properties in
general.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD DISCUSSION
Norton assured the neighbors that their concerns didn't fall
on deaf ears but unfortunately the board's hands are tied
with this facility. He added that is why there are other
agencies out there to oversee these types of facilities such as
the Health Department, Fire Inspector, and the State of
Montana.
APPEX 1, LLC/ HLZ1C
A revised request from. Appex 1, LLC, for annexation, i.niti.al.
CORPORATION
zoning and preliminary plat approval of Cottage Gardens on
ANNEXATION & INITIAL
approximately 10.75 acres. The owner is requesting
ZONING AND PRELDAHNARY
annexation into the City of Kalispell with the R-3 (Urban.
PLAT OF COTTAGE
Single Family Residential) zoning district. The owner is also
GARDENS
requesting a preliminary plat to create 30 lots ranging m size
from 7,000 square feet to 9,400 square feet. The property is
currently zoned County AG-30 and is located on the north
side of Three Mile Drive approximately 1,000 feet west of the
intersection of Meadows Lane and Three Mile Drive. There is
an existing house on the property addressed as 575 Three
Mile Drive.
STAFF REPORTS EA.- 07.04
Sean Conrad, representing the Kalispell planning
has KPP-07-04
Department presented Staff Reports KA-07-04 & KPP--07-01
for the E oard .
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Conrad said that the planning board has seen another
version of this subdivision at this site 2 previous times. At
that time the subdivider was requesting R--2 zoning with a
PUD and the board elected, to table the subdivision to
address the reduction of density, increasing the common
areas, as well as increasing the lot size, the number of
shared garages, and redesigning the streets to meet the city's
design standards.
The proposal tonight is a request for R-3 zoning, which is
single family residential zoning with a 30 lot residential
subdivision, as well as a variance request for a 20 foot
shared driveway access for lots 3 & 4.
Conrad continued the common area proposed is
approximately 2. 6 acres and a park area is proposed in the
northeast corner. The Parks and. Recreation Department is
recommending that a park area be approved in that location
on the east side of Spring Creek which is a relatively flat
area.
Conrad noted there is an existing house on the property in
the areas of lots 2 & 4 and there is a shelter belt of trees that
runs along the west and south side. As mentioned in the
staff report the developer is proposing a 20 foot landscape
buffer and within that buffer he would have to plant
vegetation and street trees as well as construct a bike path.
Staff was recommending that 3 of the existing pine trees be
retained to provide an mediate buffer to the bike path and
a proposed lift station in that location. Unfortunately
Flathead Electric Co-op has requested that the trees be
removed because the trees are grooving into the electrical
lines. Therefore condition # 13 should be deleted. However,
there are existing trees to the east of this location cohere the
developer could possibly retain some of that vegetation
instead to help screen the lift station.
Conrad said staff is recommending that the planning board
consider denying the variance request. The proposed
easement would impact the front 2 lots reducing their legal
size below the rnirlim.um lot size allowed in the zone. In
addition it is a poor design. The Public Works Department is
not in support of the variance request because it does not
provide for pedestrian access and if the city ever has to take
over the maintenance of the shared access it would be
problematic to maintain or upgrade in the future. Staff noted
that denial of the variance request will require a redesign of
the subdivision in that area.
Staff is recommending that the planning board adopt staff
report KA-0 7 -04 and recommend to the city council that the
initial zoning of the 10.75 acre site be R-3, Urban Single
Family Residential.
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Staff is reconu-nenc ing that the pla n n � n g board adopt staff
report KPP- 07-04 as findings of fact and recommend to the
city council that the requested variance allowing the creation
of Lots 3 & 4 via a 20-foot shared access easement be denied
and the proposed subdivision of Cottage Gardens be
approved subject to the 25 conditions listed in the staff
report.
BOARD QUESTIONS Balcom asked for clarification of the variance request.
Conrad noted the subdivision regulations state that access to
a lot has to meet the city design standards for access to
public streets, which this access as proposed does not. The
Public works Department looked at it from the viewpoint
that if the 20 foot access road was constructed and in the
future the city took over the maintenance of it they would be
unable to maintain or expand it to provide pedestrian
facilities like sidewalks or overflow parking. The city had
situations in the past where subdivisions built roads that
didn't meet the city standards and they have proved to be
problematic.
APPLICANT/ AGENCIES Bryan Long, Long Engineering, reviewed the previous layout
and said after they were asked to reduce density, use more of
the shared garages, and update all of the roads to current
city standards the cottage design concept went away. He
reviewed the reasons for the board.
Long stated the current proposal is a straight R-3 in which
all of the lots meet the minimum ni m um lot requirements and
widths. He stated staff requested they include 100 foot
setbacks from the seasonal high water mark rather than the
standard 20 foot setback.
Long said the only issue is the request for a variance on the
2 lots that do not directly access the city standard street.
When they started this design they had a conversation. with
MDT regarding approach location. Due to the fact that other
approaches have already been designed and approved nearby
they were given a very shallow corridor which Long indicated
on the map, to get an access into this property. They felt that
by MDT limiting their access location was a legitimate
argument for a hardship for this property. They have sent
this design with a request for MDT to review the location and
possibly approve moving the approach 100 to 150 feet
further to the east. They have not yet received a response
from MDT. Long said if the request is allowed the southeast
corner will get modified somewhat. However, if MDT does not
grant the request their hardship is based on the fact that the
approach would have to remain ,cohere it is indicated on the
plat.
Long said this type of access road has very recently been
approved by this board in Aspen. Creek and Lone Pine Trails.
He reviewed the areas of those subdivisions that do not meet
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city standards. The only difference between those
subdivisions and the one proposed here is that the lots were
duplex lots. Long noted if duplex lots would be acceptable he
is sure the developer would be willing to change the lots to
duplex lots.
Long said that there will be some reconfiguration with these
lots and he said that he visited with the Fire Department as
to their um standards for a Fire Department access
and turn around and he thinks that they can meet the
Department's requirements. However, it will still not be a city
standard street so the variance would still come into play.
When he mentioned that to the planning staff the response
was it is still not to city standards and they could not
support it.
Long noted that since this type of road was approved on
other subdivisions they are requesting that the board
approve this variance and subdivision.
Dave Hofstad, 2545 Farm to Market Road said they had
planned on keeping as many of the trees that they could on
the property but Flathead Electric Co-op had been after him
for some time concerning the 3 trees that are growing into
their power lines. The Co-op felt that they needed to come
down however the Co-op agreed to provide them with
replacement trees.
PUBLIC HFARING
Bill Johnson, 550 Three Mile Drive said there is nothing
wrong with a finished development but they are concerned
about the time that the ground is broken until the project is
finished. They are concerned about Bowser Creek and what
will happen to it. Johnson felt that the developers should
have to do things the same way a farmer or logger would and
it is their conviction that those issues need to be addressed
at the planning board level. That way the developer clearly
understands ghat is required of him and what the
consequences would be if they didn't comply with the
conditions.
MOTION - ANNEXATION &
Hinchey moved and Balcom seconded a motion to adopt staff
INITIAL ZONING
report KA-07-04 and recommend to the city council that the
initial zoning of the 10.75 acre site be R-3, Urban Single
Family Residential.
BOARD DISCUSSION
None.
ROLL CALL -- ANNEXATION
The motion passed unanimously on a roll call vote.
& INITL4 L ZONING
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MOTION - COTTAGE Schutt moved and Norton seconded a motion to adopt staff
GARDENS PRELIMINARY report KPP-07--04 as findings of fact and recommend to the
PLAT city council that the requested variance allowing the creation
of Lots 3 8& 4 via a 20-foot shared access easement be denied
and the proposed subdivision of Cottage Gardens be
approved subject to the 25 conditions listed in the staff
report.
BOARD DISCUSSION Schutt understands the objection of the city that the access
road would not meet city standards and he asked if that is
tied into one of the conditions. Conrad said it is not because
they are recommending denial of the variance. Conrad did
add if the board is considering approving the variance
request they could add that to the conditions which would
allow the shared access easement to lots 3 8& 4.
Balcom asked if the recommendation is for denial of the
variance will the developer have to come back with another
layout. Norton said yes.
Hinchey said his problem is the developer has said they have
a request with MDT to move the access and the layout will
definitely change in this area. He is not sure what the board
is approving if this could change. Conrad said there is a
condition of approval that would require the developer to go
to MITT and secure the approach permits. MDT preliminarily
told them that the approach permit would likely be issued for
the current location. However, they have requested a new
location which if it is approved by MDT would be a deviation
to what was approved here and may or may not have to be
reviewed by this board again.
Schutt said that was his confusion in how could he approve
a preliminary plat if the road access might be moved?
Conrad said if it does move they would go to the developer
and state that it doesn't substantially comply with what the
planning board and council acted on and therefore they
would have to go back through with the amendment.
Balcorn noted that the board has very little influence over
MDT but asked if it would help the applicant with MDT if the
variance was denied. Conrad said MDT will make their
determination of the appropriate location of the access road
based on where other access roads are approved regardless
of approval or denial of the variance by this board.
Long said their first option is what is currently on paper and
they are fairly certain that MDT will allow therm to have an
access in that proximity.
Balcorn asked if the board has any ability to put teeth into
the conditions that addresses the neighbors concerns. RJentz
said. the Public works Department, specifically Storrnwater
Engineer Susie Turner, is currently working on a special
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Storxnwater ordinance and a Soil Disturbance ordinance so
there will soon be a city --wide ordinance to address those
concerns.
Norton said that he believes that there is a different situation
between this proposal and Aspen creek. on Aspen creep
they are townhouse lots with shared driveways accessed by 6
lots. Norton said therefore it will always be a driveway and
never be an actual city street. Conrad said that Aspen Creek
and Lone Pine 'Trails preliminary plats were approved in
2 00 3 -2 004 and they came through as a PUD as well. With
the PUD you can deviate from the normal design standards.
Obviously Public Works, the planning board and city council
didn't have a problem with those subdivisions then. Conrad
said, however, more problems with substandard city streets
are cropping up and the city is trying to prevent further
problems by requiring that all streets be designed according
to city standards.
Jentz said another issue is there is a 20 foot setback off that
20 foot driveway so while you may get the 2 Lots in the back
you lose the 2 lots in the front. Jentz explained further.
Applicants know that when they create the lots but when the
hom.ebuilders come in they can't figure out how that would
work. Jentz added if the variance is granted to the back 2
lots the front lots fail because of zoning and min ' m ura lot
sizes. You can have one or the other but it's hard to get both.
Dorton said. with. Lone Pine Trails the orientation of the
townhouses on the lots were such that the board liked them
because they were not all townhouses with the garage doors
on the street and that was why that subdivision was
approved that way.
Balcom added the board has seen several subdivisions out
there that look different on paper than built and the board
now regrets approving. Norton agreed the board has made
some mistakes but it was an alternative because they
couldn't require alleys.
Schutt said that he understands the concerns of Public
Works not being able to maintain or expand a street but this
is a small variance request. MDT is pushing the access one
way and floodplain is pushing the boundary lines another
moray, etc. It is obvious as you look at this that it is probably
never going to be a city street continuing through that
narrow driveway. It is always and forever going to be
someone's long driveway. Schutt said he would be in favor of
allowing the variance and he would like to have those lots
meet the R-3 standards for lot size.
Hinchey added his preferred
access further to the east
variance request at this time
choice would be to move the
so he wouldn't support the
but he might if it became a
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hardship and this was the only alternative.
Jentz suggested that the board might want to try a straw
vote to see if the variance will go forward because if approved
the variance fmdings would need to be rewritten which would
take a lot of time if the variance would not be ultimately
approved.
Norton suggested the options are to table this proposal until
they hear from MDT or to approve the variance with the
adjustment to the lot sizes.
MOTION - DELETE
Norton moved. and Balcom, seconded a motion to delete
CGNDITON # 13
Condition # 13.
ROLL CALL - DELETE
The motion passed unanimously on a roll call vote.
CONDITION # 13
BOARD DISCUSSION
Norton said he would like to hear from MDT but is reluctant
to table this project again. He agrees with. Schutt that he
doesn't like to micromana.ge the lots and agrees with Balcom
that yes the board has approved these situations in the past
but it isn't necessarily right.
Jentz said that the board could deny the variance and move
it forward and put in the verbiage that if MIST grants the
request to move the access 25 or 50 feet to the east the
redesign would be minor and not need to come back before
the planning board for review. Jentz added the board could
also approve the variance request.
WITHDRAWAL OF
The original motion was withdrawn and the second
ORIGINAL MOTION
concurred.
MOTION - COTTAGE
Norton moved and Hinchey seconded a motion to adopt staff
GARDENS PRELIMINARY
report KPP-07-04 as findings of fact and recommend to the
PLAT
city councils that the requested variance allowing the creation
of Lots 3 S. 4 via a 20-foot shared access easement be denied
and the proposed subdivision of Cottage Gardens be
approved subject to the 24 conditions as amended above.
The board added after discussions with MIST the access
roadway may shift to the east which would cause a minor
redesign of Lots 1-4 which would not need to come back
before the board for review.
ROLL CALL - COTTAGE
The motion passed unanimously on a roll call vote.
GARDENS PRELIh NARY
PLAT
THREE MILE vIEWS
A request from Richard Erickson for preliminary plat
PRELIMINARY PLAT
approval to create 18 lots on a 2.8 acre property zoned RA-1
(Love Density Residential A artment) . Of the 13 lots 16 will
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be townhouse lots with proposed. lots 1 and 10 shown as
single family residential lots at this time. The property is
located between Vista Loop and Three Mile Drive within the
Three Mile Subdivision.
STAFF REPORT — RPP-07- Sean Conrad, representing the Kalispell Planning
03 Department presented Staff Deport KPP-07 -03 for the Board.
Conrad orientated the board of the location of the
subdivision, zoning, and land use. Because this is an
existing lot within. Three Mile Subdivision most of the
infrastructure is already in including hydrants, water and
sidewalks. The developer will have to provide the landscaping
along the existing bike path and a revised drainage plan to
incorporate these lots into the overall drainage that was
approved for the Three Mile subdivision.
Conrad noted that they have not received any comments
regarding this subdivision up to this point.
Staff is recommending that the planning board adopt staff
report PP- 07--03 as findings of fact and recommend to the
city council that the preliminary plat of Three Mile Views be
approved subject to the 14 conditions listed in the staff
report.
BOARD QUESTIONS Norton said if this is all one lot why isn't it considered a
phase of the original plat. Conrad said when. the Three Mile
Subdivision came through it was an R-3 Single Family
Subdivision and this property on the south end was zoned
RA-1. The developer held this property in place because his
intent was to provide multi -family units. The developer has
since sold the property and now the new owners are coming
in with this proposal.
Norton asked if there was a potential for future subdivision
within lots 1 & 10 because of their size. Conrad said yes
there is and that may come before this board depending on
how many lots they want to create and whether or not a
conditional use permit would be required.
APPLICANT/AGENCIES Olaf Ervin, Montana Mapping Associates said they agree,
essentially, with the staff report in its entirety. Prior to the
Three Mile subdivision being platted the original developer
didn't know how the subdivision would build out and he was
trying to keep his options open. The subdivision has nice
quality homes and the applicants built 5 of the homes that
are currently in the Three Mile Subdivision. At this point the
applicants feel the townhouses would be more in keeping
with the neighborhood rather than apartment buildings. The
townhouses will also offer some affordability. The applicants
intend to do all of the residential construction and plan to be
working on only two residences at a time. They plan full
build out in two years. Ervin said the reason he mentioned
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this is to address the resident's concerns with dust. The
developers will have control of the build out and make sure
those issues don't come up.
Ervin* addressed Cond.i.tion, # 5 where the existing easements
are to be incorporated into a common area rather than left as
easements across the lot. At this point they do not want to
contest that and will work in making that a common area
however, if that won't work with the building plans and
setbacks they want to reserve the right to come back and
revisit that condition.
Norton asked for clarification. Conrad rioted between lots 5B
8& 6A there is a 20 foot drainage easement and public Works
would prefer that to be a common area so there is not the
potential for fence lines to impact the easement.
Ervin said the drainage easement is currently constructed at
the lot line with catch basins and then there is riprap that is
semi --underground that directs the stormwater down to the
detention pond at the south end. They would like to replace
that rip rap type ditch with a buried. culvert so that it doesn't
take up as much space and at the same time that will allow
them to place a bike path over the top of the easement to
connect with the bike path on the south side of the
subdivision. Ervin added as is they could run into problems
with the setbacks.
Norton said the way this condition is written is that the bike
path will be dedicated. Conrad said it would be a bike path
that is constructed but Condition #6 requires them to form a
homeowners association for the maintenance of the bike
path along with the existing bake path and detention pond on
the southern edge of the property. In. reviewing Three Mile
Subdivision Conrad didn't find any dedicated parkland and
the only common facility that subdivision has is the bike
path along the south end of this lot and the drainage and
detention pond. However no entity such as a homeowners
association was created to maintain those areas. Conrad said
that the new owners of this lot will have to provide that
maintenance and Ervin added they take that on
wholeheartedly.
Ervin requested that the board recommend approval of the
preliminary plat and the conditions as written to city council
and they reserve the right to come back to discuss Condition.
# 5 if they find it will not work.
Chuck Birgensrnith, 1040 Creekview Drive in Whitefish said
that he is one of the developers and builders of this project.
They are not new to this neighborhood they have been there
2 years and they built 5 homes all of which have been sold.
Some of his partner's colleagues and friends have bought
those houses and thev want to kee-o the integrity of the
Kalispell City Planning Board
Minutes of the meeting of March 13, 2007
Ira Lre 13 of IS
neighborhood. Putting in townhouses not only helps with
affordable housing but will also retain the value of
surrounding homes. Birgen.smith said the drainage culvert
will be buried and remove the potential drowning hazard. He
added that they build out clean and don't stockpile dirt.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Balcom moved and Norton seconded a motion to adopt staff
report PP--07-04 as findings of fact and recommend to the
city council that the preliminary plat of Three Mile Views be
approved subject to the 14 conditions listed in the staff
report.
BOARD DISCUSSION
Balcom asked what if you can't get the homeowners to form
an association.. Norton said the developer forms the
association and when the property is sold the owners have to
buy into the association..
Schutt asked if all the past subdivisions were required to
have the easements within common,. areas. Conrad said no
and he used the example of Empire Estates. The lots lines
crossed both the bike path easement and the easements
created for the storm water drainage. Now Public Works has
found that when people start fencing they are not aware that
those subsurface pipes are there and the pipes were getting
damaged which caused crater to backup onto the street and
other properties. Conrad added that in later subdivisions like
Aspen Creek and Springcreek Estates their bike paths and
drainage easements were all in common areas and for the
most part where homeowners associations could maintain
them.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUS
None.
NEW BUSINESS
Bentz noted that he would be sending out a notice to the
Planning Board outlining the followffig meetings/work
sessions:
1. Work Session with the West Valley Dane Use Advisory
Committee on. March 27, 2007 - 7:00 p.m. at the
Stillwater Grange on West Reserve Drive to discuss the
West Kalispell Growth Policy Amendment.
2. Projects scheduled for the Planning Board meeting in
April.
3. Work Session with the Flathead County Planning
Board on April 24, 2007 -- 7: 00 p.m. at the Herron Park
Community Room, 101 Foys Canyon Road.
Kalispell City Planning Board
Minutes of the Meeting of March 13, 2007
PaLye 14 of 1 5
ADJOURNMENT The meeting was adjourned at approximately 8:40 p.m.
The next work session will be held on March 27, 2007 at
7:00 p.m. at the Stillwater Grange as noted above.
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission will be held on Tuesday, April
K 2007 beginning at 7:00 p.m.
WORK SESSION I There was a work session held on the following:
Timothy Norton
President
1. Kalispell Parks & Recreation Comprehensive Master Plan.
Michelle Anderson
Recording Secretary
APPROVED as submitted/corrected: / /07
Kalispell City Punning Board
Minutes of the meeting of March 13, 1-007
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