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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 Kalispell City Planning Board Minutes of the meeting of March 13, 120007 Page I of 15 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 Kalispell City Planning Board Minutes of the meeting of March 13, 2007 Pave ?cif 1 'S 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 Kalispell City Planning Board Minutes of the meeting of March 13, 1-407 PaQe3of15 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 Kalispell City Punning Board Minutes of the meeting of March 13, 2007 Page 4 of 15 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 . Kalispell City Planning Board Minutes of the meeting of March 13, 2007 PaLye 5 of 15 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. Kalispell City Planning Board Minutes of the meeting of March 13, 2007 Page 6 of 15 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 Kalispell City Planning Board Minutes of the meeting of March 13, ?047 Page 7of15 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 Kalispell City Planning Board ?Minutes of the meeting of March 13, 27007 Page 8of15 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 Kalispell City Planning Board Minutes of the tneetin g of March 13, 2407 Pate 9 of 15 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 Kalispell City Planning Board Minutes of the meeting of March 13, 1007 Pa CTp I fl of 1 4 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 Kalispell City Planning Board Minutes of the meeting of March 13, ?007 Pa ae 11 of 15 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 Kalispell City Punning Board Minutes of the meeting of March 13, 2007 Page 12 of 15 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 P A V'P 15 of i 5