Planning Board Minutes - May 8, 2007KALISPELL CITY PLANNING BOARD & ZONING COMMYSSION
MINUTES OF REGULAR MEETING
MAY 81 2007
GALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and
CALL Zoning Commission was called to order at 7:00 p.m. Board
members present were: Timothy Norton, Rick Hull, Bryan
Schutt, Robyn B alcom, John Hi.nchey and C.M. (Butch)
Clark. Lauri Gabriel was absent. P.J. Sorensen and Seam
Conrad represented the Kalispell Planning D ep artment.
There were approximately 30 people in the audience.
INTRODUCTION OF NEW Norton introduced and. welcomed C.M. (Butch) Clark, who is
MEMB
ER the County's representative on the Kalispell City Planning
Board & Zoning Commission.
APPROVAL OF MINW'TES Balcom moved and Schutt seconded a motion to approve the
minutes of the April 10, 2007 regular planning board
meeting.
The motion passed unanimously on a roll call vote.
HEAR THE PUBLIC Julie Robinson -- 955 Poys bake Road said regarding the
'willow Creek project she cannot speak for her valley -wide
neighbors but she does think that many would agree with
what she has to say. She recognizes and accepts that she
cannot stop progress, i.e. the development and also
recognizes that development can and should be controlled in
order to n nimize and reduce the negative affects but it
would be foolish not to recognize that Mother Nature reserves
the right to act unpredictably whenever she sees fit.
Robinson noted 2 cases in point. A dam was created in the
Northwest Territories to provide a lot of water for large cities
to the south. That happened to be a migration trail for
caribou and the experts said that it was no problem because
the caribou will see that it is dammed up and will find a new
way around. That didn't happen and the caribou continued
to migrate through high crater and 1, 000's upon 1,000's of
the caribou drowned and the rotting carcasses became a
threat to contamination of the very water that was designed
to serve the cities.
Robinson continued in Nevada the land is designed in
satellite valleys so a development went in an otherwise
undisturbed area. There were coyote problems and the
experts said no problem because with human encroachment
they'll be forced out and wander away. She said that didn't
happen, they adapted and started picking off the small dogs
and cats in the development. After much outcry a coyote
extermination or eradication program was instituted which
was very effective and everybody was happy until they were
overrun with jack rabbits and rodents including mice and
rats which then became a public health issue.
.Kalispell Alt 1'lanning Board
Minutes of the meeting of Mav 8. ?007
p'�frF• 1 r,�' ��
Therefore she recognizes that landowners who have watched
Mother Nature's behavior day in and day out over a period of
20 years or more have an equally valuable input worthy of
equally serious consideration.. She recognizes that the board
is in the unenviable position of having to serve a public that
includes both developers and existing landowners who are all
too often on opposite sides of the fence that is at the same
time being straddled by the city or county pressing to
increase its tax base ostensibly to provide more and better
services to the general public. She is dismayed at the existing
process and feels that policies regarding development are
possibly too limited} undefined and open --ended to do
anything but leave all sides in a state or recurring
frustration.
Robinson said she offered the following proposal as a starting
point to remedy this situation. It should be a matter of policy
that before any zoning variance is even considered a full
impact study should be done by a qualified firm, funded by
the developer, and this should not only include
environmental impacts with regard to human encroachment
but also impacts on existing city and county infrastructure
and social impacts on existing services as well as impacts
with regard to crime rates and civil disputes, at least where
zone 3 or higher density housing is being contemplated.
Robinson said it should be a matter of policy that were
variances are being considered zoning changes will be in a
step progression for example 1-2 not 1-3 or 1 to 4, unless
skipping steps has the majority support of existing
landowners as well as developers. It should be a matter of
policy that where variances are being negotiated conditions
of approval will, be actively monitored and enforced and these
conditions should be met before the final stage of
development is approved.
It should be a matter of policy where access to existing city
water supply and storm drains are not available or practical,
any wells drilled should be *independently tested and if found
contaminated., additional wells drilled that are not
contaminated should be checked periodically to verify that
these are not later tied into contaminated wells. In instances
where runoff and storm water are not permanently
sequestered on site a performance bond or some bond
should be required to mitigate any existing landowners cost
for the potential negative consequences resulting from the
release of this water.
Sharon DeMeester -- 415 Chestnut Drive said regarding the
VaHey Ranch PUD she picked up a copy of the revisions
submitted to the planning office by the developer which
indicated the following amendments: The lots on the NW
corner of the site have been converted from 6250 — 6500 sf
lots to 10,000+ sf lots lots 17-44); The hi huray buffer
Kalispell City Planning Board
III mutes of the meedn(T ()f May 8. 2007
Page 2 of 2_6
setback adjacent to the assisted and independent living site
has been increased from 50 feet to 100 feet; the 20 foot strip
between the south side of Ponderosa Subdivision has been
increased to 35 feet along with the addition of a 100 foot
open space break and increased setbacks to accommodate
existing tree stands; the parr area adjacent to Ponderosa's
Homeowner's Park has been increased in size to 3.5 acres to
respond to the Park Department's desire to have a larger
park over 3 acres; The open space buffer between the
wolford Property and the south side of Valley Ranch has
been increased. DeMeester added there is no indication of
the amount that this buffer was increased in the amended
information. submitted; A 20 foot storm drainage easement
has been located in the NE corner of the site between lots 7
& 8. DeMeester noted that it basically lines up with the
mailboxes of Ponderosa Estates and she doesn't know how
that relates to the water; The open space dedication has
increased from 15.1 acres to 16.75 acres; the overall single-
family lot count has been lowered by 11 lots (204 to 193);
and the independent living unit count has been lowered by
20 units.
DeMeester stated her main points relate to the responses
from the planning office regarding these amendments.
Regarding the section of the memo titled Issue 2 --
Annexation hearing she noted on the Growth Policy map
when the open house meetings were taking place this
property was listed as R--1. Now the request is for R-2 with a
PUD, which brings the zoning basically to an R--4.
Regarding Issue 3 --- Failure to demonstrate the public benefit
the proposed PUD project provides with the increased
density and relaxed R-2 zoning standards she cannot
understand how they can demonstrate that R-2 zoning would
benefit the existing residents when she looks at the density
and the layout of this development. This development is
being put right next to all of the really nice subdivisions in
the County. You can't convince her that their property values
will not be decreased. DeMeester said people who need
affordable housing will not be able to afford the houses in
this subdivision especially with the cost of land these days.
Something entirely different has to be done to provide
affordable housing for those people who are working for
$8.00 to $10.00 per hour. she spoke with Cal Scott, a local
realtor, who has come up with a non-profit organization to
try to develop land that would be appropriate for affordable
housing. DeMeester said any lot developed today after selling
it once is no longer affordable.
DeMeester noted Mr. wolford has not completed his traffic
study yet and she added he is 2-3 weeks out on '-nat study.
DeMeester has talked to CTA and a lot of other people in
regards to Highway 93 and there are still no plans to expand
Hi hway 93 to 4 lanes from Ponderosa to Church. Drive. And
alispeil City Planning Board
M i nutes of the meeting of May 8,1-007
now she said there are 4 developments that want to go
between Reserve and Church Drive which will be a thousand
more homes on a highway with no plans to expand.
DeMeester said that one of the points that the planning staff
made was that the developers of Valley Ranch did not have to
submit a complete plan and according to the zoning
regulations in regards to PUD's it states, "The property owner
applying for a PUD district classification shall submit three
copies of a PUD preliminary plan which shall contain the
following information.. If a PUD also involves a subdivision,
the submittal shall also include the information and
documents required for application stated in the Kalispell
Subdivision regulations." when she reviewed the file she
feels that this required information was not included.
William Chilton., 1220 -- 3rd street west said he has lived just
about a block west of the willow Creek for 50-some years
and he can't remember how many times it has caught fire
and the Fire Department spent days and nights protecting
the adjacent buildings and houses to the east of the
property. Chilton said there are places where the sawdust,
slabs and junk are 25 feet deep. Chilton asked how will
foundations be addressed on that kind of a base and who is
going to be responsible when these "rabbit hutches" all start
sinking into the ground. He expects that the taxpayers will
be picking up that bill. Chilton asked if there has been any
consideration given to some kind of crater system booster
station on the west side of town. Where he lives the water
system mains are totally antiquated, they leak constantly
and the street is barely drivable because of all the patches
where the grater systems have been fixed. They have
requested that the water system be upgraded but it has not
happened. Without some kind of a booster if this
development is considered for approval there won't be any
water for anybody on the west side of town. Chilton said if
the planning board takes any action he would strongly
recommended that they recommend to the city that they
clean the area up down to the soil and then develop a
subdivision. As it is now it is not suitable for any kind of a
subdivision.
Marilyn. Bain - 3350 North Ashley Lake Road said she spoke
at the public hearing on Willow Creek and presented a letter
to the board and afterward wanted to clarify some points and
she had her attorney write another letter to the board. Bain
asked if the board received it and Norton said they did.
tJohn. rauk -- 125 Stoneridge Drive provided the planning
office with a petition from the surrounding landowners of
Willow Creek and asked if the board received the petition
and Norton said they did.
Kalisneil City Planning Board
Minutes of the meeting of May 8. 2007
Page 4 of ?b
Wayne Freeman stated that he is representing the applicant
for the Willow Creek project and he wanted to address some
comments. They submitted a letter to the planning
department along with, a revised diagram indicating that the
applicant had removed all of the units out of the 150 foot
setback from Ashley Creek which reduced the number of
units in the development by 23. Freeman noted there was
an Environmental Assessment conducted on this project,
along with a very detailed traffic study. He added this
developer is agreeing to pay $2 zillion dollars worth of
improvements to existing roads that are currently failing.
Freeman said he doesn't view this project as an affordable
housing project but there is an element in this project that
allows for mixed income homeowners. The previous
submission on this site was all one type of housing and this
proposal now has larger lots, very detailed PUD design
guidelines, and conditions, covenants and restrictions
(CCR's) that limit the type of housing that would be allowed.
Freeman added this project is adj acent to the historic center
of Kalispell. Willow Creek is proposed with larger lots than
most of the area to the east of this site. This is an effort to
address a mixed income group and a definite need within the
city.
Freeman said the sawdust on this site is on the north side
and within the area of the bypass acquisition and is not
within the area proposed for this development. Freeman
added as of tonight the applicant has secured an access for
the connector road.
Pete Wessel, 121 Rainbow give said that he was under the
impression that public comment would be closed on this
project and he added that he is troubled that developers
would be allowed to bring in changes after the public hearing
has been closed before the board makes their decision
without adequate public notice. Wessel wasn't aware of any
changes on either Valley Ranch or Willow Creek and the
board should set standards on when changes can no longer
be accepted. Norton said the board will discuss the changes
tonight.
Geraldine Young, 1000 Foys Lake Road, said regarding
Willow Creek they have resided up on Kookoosint Trail for
the last 37 years and have witnessed many changes to this
area. She agrees totally with Julie Robinson on every point.
She recounted the water problems with Lakeshore Heights
and added everything flooded last spring. She said
Lakeshore Heights which is up against Lone Pine Park
caused a bottleneck of the overflow crater coming from
middle and lower F oys Lake. She asked where the
investigations were before that subdivision was approved.
She agrees with Mr. Chilton in regards to the condition of the
infrastructure off of Meridian. They own roperty on the
Kalispell City Planning Board
Minutes of the meeting of May S, 121007
Page 5 of 26
north and south of 7th Avenue West and before the big storm
surer came in they were flooded out. She asked the board to
take their time and take a good look at these projects. Don't
just accept the numbers from the developer but take the
word of the people who live there.
Nadine Roach, 963 Foys Lake Road said she wants to go on
record that she agrees, wholeheartedly with all the comments
made on willow Creek.
KALISPELL ZONING A request by the City of Kalispell to amend Section 27.18.020
ORDINANCE TEST of the Kalispell Zoning ordinance. The amendment is
A.]KENDMENT intended to allow `Technology - Research, Design,
Engineering, and Telecommunication Facilities" as a
permitted use in the I-1 Light Industrials zone.
STAFF REPORT KZTA-07- P.J. Sorensen, representing the Kalispell Planning
04 Department presented Staff Report KTA--07-02 for the
Board.
Sorensen said the city of Kalispell has recently been
reviewing the zones n g regulations and within that review one
of the things that came to the city's attention lately is the 1-1
(Light Industrial) zone is intended to have low impact,
industrial manufacturing, processing types of uses which do
not create a lot of excessive smoke, noise, dust, etc. For the
most part the I- I text hasn't changed for decades and doesn't
currently reflect the type of high-tech industrial park that
you would expect in a light industrial area of the city. For
example, you couldn't have an engineering firm locate in a
high --tech park.
When you look at the Growth Policy there are 2 specific
provisions which really seem to relate to the use of
technology based uses within the I--1. one Section states that
as technology changes there is less demand for traditional
industrial sites and a greater need for areas with full urban
services. The Growth Policy also states that high tech
industrial business is encouraged to locate within either the
commercial and/ or industrial areas of the Growth Policy
creating a mix of compatible and complimentary uses.
So staff thought what was appropriate was to come up with a
new category in the I- 1 zone to allow technology, research,
design, engineering, and telecommunication facilities as a
permitted use. It seemed to be a natural fit within the light
industrial/high-tech parrs that the city has been trying to
promote through its economic development policies.
Staff recommends that the planning board adopt the staff
report KZTA-0 7 -02 as ifndzngs of fact and recommend to the
Kalispell City Council that Section 27.18.020 of the Kalispell
Zoning Ordinance be amended to allow "'Technology
Research, Design, En eeriri , and Telecommunication
Kaiispell City Planning Board
M inutes of the meeting of May 8, 1-007
Page 6 of 2.6
Facilities" as a permitted use in the I-1 (Light Industrial)
zone.
QUESTIONS BY THE Schutt asked if these facilities are currently located in B
BOARD zones and he added it seems they are talking about an office
use. Sorensen said that one of the uses that they would
potentially see would be office related uses which are allowed
throughout most of the city. Sorensen said however, there
are other types of uses that are not addressed under the
zoning ordinance at all such as data farms, other types of
low -impact, high-tech businesses that didn't exist when the
zoning ordinance was written. Sorensen continued from
tine -to -time they feel it is appropriate to take a look at what
is out there, what has changed in the world and what they
may need to do to update the ordinance to better reflect
today's market. Sorensen added office uses are allowed fairly
broadly throughout the city but not in the I-1 zone, which
staff feels would be an appropriate fit.
Balcom said it seems this amendment would help redefine
the I-1 zone. Sorensen said yes there are uses today that are
not provided for and would fit the intent of the I- l .
Schutt said when old school Station originally came up
before this board the recommendation was a B zone which
would have allowed nearly any commercial use. However,
this board felt an industrial zone/ future industrial, park
would fit better into the industrial zone and now this
amendment sounds like an office use and more appropriate
in a B zone. Sorensen said there are a lot of major differences
between. the B zone and the I zone which Sorensen explained
for the board. what the city was intending for this text
amendment was to be something that was focused on the
high-tech? industrial related use and not intended to open it
up to any broad based office use, retail or any other type of B
use that you would find on Idaho or Main Street.
Schutt said this text amendment appears to him to be the
first step in getting a loophole for businesses to locate in Old
School station.. Sorensen reminded the board that a text
amendment applies to any I-1 zone and is not just the I-1
zone at Old School Station.
Hull asked what particular request brought this issue up.
Sorensen said that he spoke to an engineering fi.rrn that is
interested in locating at old School Station. staff felt that
request was reasonable given that engineering was related to
the type of uses that would be in an industrial park and
encouraging that type of mix that the Growth Policy states is
appropriate.
Hull noted that Old School Station was intended for high--
tech businesses and now it looks as though it would be
ov ened up for an office of a local firm.
Kaiispell City Planni*no, Board
Minutes of the meeting of May 8, 007
Page 7 of26
Balcorn stated that she wasn't on the board during the
discussions of old School Station and she felt that all types
of industrial uses have offices as a part of the business.
Balcony said that she appreciates amendments that would
address the business world as it is today and she doesn't see
any danger of allowing this type of use in the I--1 zones.
APPLICANT / AGENCIES
None.
PUBLIC HEARING
No one unshed to spear and the public hearing was closed.
MOTION
Clark moved and Balcom seconded a motion that the
planning board adopt staff report KZTA-07-02 as findings of
fact and recommend to the Kalispell City Council that
Section 27.18.020 of the Kalispell. Zoning ordinance be
amended to allow "Technology - Research, Design,
Engineering, and Telecommunication. Facilities" as a
permitted use in the I--1 (Light Industrial) zone.
BOARD DISCUSSION
Clark said he agrees with the amendment because he feels
that the 1-1 is outdated and should be brought into the 2 1 st
Century.
Hull agrees with Mr. Schutt and he thinks it is a loophole to
get another use into what was supposed to be a high --tech
park. The intended use would make it a business complex
without bringing new jobs to the valley.
MOTION TO AMIEND
Schutt moved and Hull seconded a motion to amend the text
amendment to require "Technology -- Research, Design,
Engineering, and Telecommunication Facilities" be allowed
as a conditional use in the 1-1 (Light Industrial) zone.
BOARD DISCUSSION
Schutt said there is too little definition of the uses proposed
in the amendment and he feels these types of uses should be
reviewed under the conditional use process.
Jentz said he thought it wasn't really appropriate that these
types of businesses would be required to go through a 90 day
process that would only require a review of their parking lot
design. Jentz used SerniTool as an example which is
primarily a research and manufacturing business which is
not addressed in the industrial zones. He said conditional
use permits are used because there are concerns about
excessive or damaging traffic, noise, or smoke, etc.,
something that is going to damage a neighborhood.
Schutt said the CLAP process is also used as a way of
determining uses that might or might not be compatible with
the neighborhood. Jentz said yes you want to insure
compatibility but there wouldn't be any impacts with the
ty e of uses listed in the amendment.
Ka.Iispell City Pl nnin ; Board
Minutes of the rneetin g of May 8, 2007
P a ora �t r►f "? ►�.
Clark said he taped to the developers of Old School station
and apparently the only zoning that fit was 1--1. Clark doesn't
understand a problem with putting high-tech into a high-
tech park. Clark added it should be kept simple without
conditioning the use.
Hull said the argument is if this is a high-tech park it should
stay that way rather than turning it into an office complex.
Balcom said she feels this is a minor issue and this much
concern should be reserved for the larger projects and issues
that cone before the board. she sees this amendment as
potentially bringing additional jobs to the community. If the
city expects businesses to take them seriously they need to
word things in a moray that is the common language of today's
business. Balcom said she doesn't think it needs to be a
conditional use and she is in favor of the text amendment as
presented by staff.
Schutt said he doesn't see enough teeth to prevent any 21st
Century office moving down there. Things that are
compatible sail on through the board's review and it is not a
major hurdle that will drive away potential employers or
businesses.
Clark noted that it is tough enough to get businesses to
move here, especially these types of businesses, and that is
what they are trying to do. Clark feels that making it a
conditional use would be setting up road blocks and should
not be part of the amendment.
Norton said when Old School Station came before them it
was under a business zone and the board changed it to an
industrial zone. The way he views it is two -fold. The board
changed it to an industrial zone with the intent that it would
be a high-tech park. When it was passed staff realized that
there were other uses out there that were not addressed in
the current I-1. This text amendment is just that, someone is
knocking on the door and the zoning ordinance didn't
include it and the city felt that it should be updated.
Norton stated for the record that the city should revise the
zoning ordinance to reflect the uses that are restricted in the
zoning districts and not the uses that are allowed, which he
has mentioned before. He contends that if it were written
that way they wouldn't be dealing with this issue at all.
MOTION ON THE The motion to change the text amendment to require
AMENDMENT "Technology Research, Design, Engineering, and
Telecommunication Facilities" be allowed as a conditional
use in the 1-1 (Light Industrial) zone failed on a vote of 2 in
favor and 3 opposed.
Kalispell City Planning Board
M mutes of the meeting of Mav S. ]2007
Pn op Q of I F,
BOARD DISCUSSION
Hull said he feels this is an amendment for one person which
is the worst thing to do with zoning. He said the whole idea is
good but all they get is someone moving their engineering
office.
Schutt said the staff report states that in the next year they
plan to do a great deal of housekeeping of the entire zoning
ordinance and he would like to see some more thought and
discussion go into this type of amendment rather than the
limited definition in the staff report.
Norton asked if there would be a definition related to this
amendment that would be placed in the zoning ordinance.
Sorensen said most of the uses that are listed don't have
specified definitions and you would revert to the general
definition in the industry. Norton thought definitions would
be helpful.
Clark said when it comes to housekeeping you have to start
somewhere and he thinks this is an excellent place to begin.
Schutt noted that some time ago there were major changes
to the sign ordinance that were reviewed by the board. Once
the signage ordinance was passed the board knew there
could be some problems with the amendments and not long
after that there was an amendment proposed because the
ordinance as written prevented a business owner from
replacing the awning on their business. The amendment was
forwarded to this board for review and it was approved
without any problems. Schutt suggested that is the way
these changes should be addressed.
Jen.tz reviewed the current permitted uses in the I- I zone for
the board. He added this is not a pristine neighborhood but
an area where a variety of uses are permitted. Jentz said
there are a lot of other uses that come into the office and
staff currently doesn't have a place to put then. It is not a
single issue but a plea to bring Kalispell near the 2 1st
Century.
ROLL CALL - ORIGINAL
The motion passed on a vote of 3 in favor and 2 opposed.
MOTION
BOARD MEMBER SEATED
John Hinchey took his seat at 3:07 p.m.
ASHLEY CREED PHASE 9 -
A request from the Somers Land Company for annexation.,
ANNEXATION & INITIAL
initial zoning and preliminary plat approval of Ashley Park,
ZONING AND PRELIMYNAR"Y'
Phase 9 on approximately 8.8 acres. The owner is requesting
PLAT
annexation into the City of Kalispell with the R-4 (Two Family
Residential) zoning district. The owner is also requesting a
preliminary plat to create 34 lots (10 single family and 24
townhouse lots) ranging in size from 4,910 square feet to
17,211 square feet. The property is currently zoned County
R-4 and is located on the south end of Pintail Drive.
Kalispell City Planning Boar.
Minutes of the meeting of May 8, '21007
PA Pre 10 of ?6
STAFF REPORTS RA-06.15 Sean Conrad, representing the Kalispell Planning
& KPP-06-16 Department presented staff Reports KA-06-1 S 8z; KPP-06-16
for the Board.
Conrad said before the planning board is an initial zoning
request of R-4 in conjunction with annexation and a
preliminary plat request to create a 34 lot residential
subdivision called Ashley Parr Phase 9. Conrad provided the
location of the subdivision for the board and noted the
property is currently zoned County R-4 and they are
requesting to come into the city with a City R-4 zoning which
is a two-family residential zoning district that allows single
family residences and. duplexes.
Conrad said the project site is adjacent to the future U.S.
Highway 93 Bypass and there has been a lot of discussion
about development along the bypass and potential noise
impacts to future residential developments along the route.
Conrad said Condition #4 would require the developer to
conduct a noise study and show how a 60 decibel outside
noise level could be achieved for the residential lots that are
adjacent to the highway bypass. Conrad explained the noise
contour lines on the plat for the board. At this point Conrad
doesn't know what the noise study will shover and ghat kind
of mitigation would be proposed. Conrad pointed out that the
preliminary plat layout could change depending on what the
noise study shows and the recommended mitigation.
Condition #9 is regarding Mallard Drive and that it be
improved to city standards all the way to the eastern
boundary of the subdivision. on the plat there shows ghat is
referred to as a 10 foot developers latecomers agreement
whereby the adjacent landowner to the east would not be
able to access Mallard Drive unless there was some fee
negotiation involved with the property owner of Ashley Park
Phase 9 for road construction/ improvements. The Public
Works Department is recommending that the latecomers
agreement be removed and that Mallard Drive be designated
as a dedicated city street and constructed to city standards
all the way to the eastern boundary line of the subdivision.
Conrad concluded by referring to Condition # 10 which
requires a 60 foot wide public road and utility easement
located at the edge of the R/W for Pintail Court. Conrad
stated this was a reconnnnendation by the Public works
Department and today he talked with the Assistant City
Engineer who reversed his recommendation saying the
Public works Department doesn't feel they need a 60 foot
R jW at that location. Instead they would recommend. a 10
foot wide easement be located in the vicinity of Lots 7A 8, 7B
on he preliminary plat to allow for the future extension of
grater and sewer lines to properties to the east. If the board
wishes to approve the new recommendation by the Public
Works Department that would require the amendment of
Kalispell City planning Board
M mutes of the meeting of May S. 21007
Pave 1 l of 26
Condition # 10.
Staff is recommending that the planning board adopt staff
report KA-06--1 S as findings of fact and recommend to the
city council that the initial zoning of the 8.8 acre site be R-4
(Two Family Residential).
Staff is also recommending that the planning board adopt
staff report KPP-06 -16 as findings of fact and recommend to
the city council that the proposed subdivision, Ashley Park
Phase 9 be approved subject to the 27 conditions listed in
the staff report.
BOARD QUESTIONS Norton asked if staff is recommending amending Condition
# to or not. Conrad said staff is recommending revising
Condition # 10 to read "A 10 foot pride public utility easement
shall be dedicated to the City of Kalispell from the edge of the
road R/ W of Pintail Court east to the eastern boundary of the
subdivision. The 10 foot wide public utility easement shall
be located in the area of lots 7A & 7B."
Schutt noted Condition. # 13 is calling for a pedestrian/bike
easement in the area of lots 17" and 18 and 10A & 10B.
Conrad said with that requirement they will have to adjust
their lots to accommodate the pedestrian/bike path. He
added the point is to provide some type of pedestrian/bike
easement in that vicinity to connect to a future bypass bike
path.
Clary suggested rather than just having a 10 foot utility
easement there why couldn't they just widen it out another 2
feet and make it a combination utility easement and
pedestrian/bike path to provide connectivity to the east.
Conrad said they could certainly do that. Within a 10 foot
easement an s foot bike path could be located. The Parks
Department typically recommends that a bike path be 8 to
10 feet wide. Conrad noted that staff was recommending a 10
foot wide bike/pedestrian path and it would be up to the
board to change it to 8 feet.
APPLICANT/ AGENCIES Erica Wirtala, Sands surveying stated she is representing
Somers Land Company, LLC. Wirtala said regarding the staff
report under the background information, 2 nd paragraph,
"The entire project received the R-4 Two Family Residential
zoning district at the time the preliminary plat for Ashley
Park Phases 1-8 was approved." It should be noted for the
record that was a County R-4 designation at that time and
that is why there is an annexation & initial zoning request
for City R-4 zoning, and preliminary plat before the board
tonight.
Wirtala continued on the 2 nd page of the report it is noted
that the City R-4 zoning and the County R-4 zoning are
similar in nature. They both require a 6,000 square foot
Kalispell City Planning Board
Minutes of the meeting of Maw 8. 2007
Pap-e 12 of 26
rrun mum lot size, and they both anticipate a fairly dense
neighborhood on public sewer and water facilities. Both the
County and City growth policies anticipated that a lot of
people would be living in this area.
Wirtala noted the number of easements and their locations
has been discussed several times. She reviewed the Public
Works Department request in relation to the easements and
said she was pleased to hear that their engineers had talked
to Mr. Castles from Public works this morning and he
conveyed onto staff that he would be happy with just the one
easement to the north as is shown on the plat. They feel the
current location on the plat is the most appropriate.
Wirtala referred to Condition #4, the noise study. She has
worked with and has had several long discussions with MDT
at various levels, both here and in Helena about the grade of
the bypass and she stated that MDT currently does not know
the grade of the proposed bypass in this area and that it is
still a work in progress. Wirtala suggested that MDT should
be responsible for completing the noise study especially since
their final design is not complete. She added MDT is
committed to putting up sound mitigation measures on
properties that were developed prior to 2005 which includes
properties just to the north of Ashley Park Phase 9. Wirtala
suggested that sound mitigation installed by MDT in other
locations will help mitigate the noise levels on this property.
Wirtala asked that the board to consider revising Condition
#4.
In addition Wirtala referred to Condition #9 Item c. regarding
the improvement of Mallard Drive and the removal of the
latecomer's fee. She noted that they have no problem
improving the R / W to the east, however, it would be mostly
for the benefit of the adjoining property owner and they felt a
latecomer's fee for 10 feet would not be unreasonable to
expect. In this project the road is being; built and the
easement and R/W is being set aside but that doesn't
necessarily mean that the developer is obligated to open that
property up for future use for any adjoining lands. Therefore
the developer's answer to that was to have a latecomer's
agreement for the last 10 feet of the property.
Wirtala said the final item she would like to address was
Condition # 13 regarding the bike/pedestrian path easement
being a 12 foot easement with a 10 foot path. She said
typically the bike/pedestrian paths that are constructed are
S feet in width and are sitting in a 10 foot easement. If that is
to be changed it should be consistent throughout and then it
would be fair and equitable for this developer.
Schutt asked if Wirtala knew when the final bypass design
will be available. Wirtala said they have no idea. Clark said
that the south end is the first -Dortion to be constructed.
Ka i ispell Oty Planning Board
Minutes of the txwingofMay,8, 21007
Page 13 of ?6
Schutt agreed that a noise study should be completed but
questioned hover the study could be completed without
knowing the profile of the road. Wirtala added that was their
point exactly. Schutt did state that he did not think MDT
should be responsible for the study or mitigation costs for
this subdivision. Wirtala said MDT is picking up the burden
of doing sound mitigation on existing neighborhoods and this
subdivision should be included because they feel it is are
existing neighborhood. Wirtala noted that it would cost
thousands of dollars to hire an Acoustic Engineer to
complete a noise study that could be rendered useless
depending on the final design of the bypass. She added the
bypass has been discussed for 25 years and who knows
when the final design will be ready.
Schutt asked about the 10 foot developers latecomers reserve
easement and whether it was at the end of a public R/W.
Wirtala said they have dedicated the public R/W and they
will build the road and the boulevard and sidewalk and curb
8v gutter as per city standards. The purpose of dedicating a
R/ W is to allow for future connectivity and they feel that
fulfills their obligation.
Balcom asked whether the developer could have the study
completed that would include mitigation measures that
would cover any design. Wirtala reviewed her conversation
with MDT who said they will not come forward and make any
recommendations regarding how to mitigate sound. It was
Wirtala.'s understanding that in 2 creeks or so there will. be
meetings in those neighborhoods to discuss sound walls. if a
developer uses vegetation barriers they would need Zoo feet
of solid, dense vegetation to bring the decibels down by 2
points. Wirtala said that amount of dense vegetation would
encompass most of the project. she said the city hasn't come
up with concrete suggestions either but she knows that the
planning board is not crazy about the idea of additional
soured barriers continuing the entire length, of the bypass.
What they could propose was that the designs of the homes
would be soundproofed as best as possible with double
paned windows, thicker drywall, and thicker insulation and
reduce the number of windows and doors. Wirtala repeated
that if MDT can't firm up their design and is not willing to
suggest mitigation measures this developer should not have
to bear the significant cost of completing a noise study.
Conrad said he wanted to address the questions about the
bypass and the alignment of the road. Phase 1 of the bypass
will start from Highway 93 near Gardner's Auction and
extend north. The engineer is anticipating completion of the
design of Phase 1 by December of this year. Obviously if this
plat ^an:in ues through it would put some holds on this
developer but they do have a 3 year time limit to get their
final plat in with a 1 year extension. He knows it is difficult
when MDT keens chanainQ their design glans but Conrad
Kalispell City Planninp- Board
Minutes of the meeting of May 8, 2007
Pau 14 of 2.6
would still recommend to this board that the noise is
mitigated along this property. He said Ms. Wirtala is right,
MDT doesn't recommend anything specific but they can offer
some general guidelines about setbacks and construction
improvements.
PUBLIC BEARING Pete Wessel, 121 Rainbow Drive said this project is an
example of putting the cart before the horse without
appropriate study. Wessel suggested there is a helpful
website about noise mitigation that he will forward to the
board. What Ms. Wirtala said about the density of vegetation
is very true. The other option is earth berrning and sound
walls or construction techniques. Wessel said there are 2
other options that are not being discussed here, one is to
build farther back and the other is to look at a change of
zoning. He is not convinced that anyone here in Kalispell is
going to be pleased by the appearance of the bypass when it
is finished given that there will. be R-4 density and possibly
sound walls in at least 4 locations along the route. He likes
the idea of the Highway 93 Scenic Corridor and the County
Scenic Corridor on Highway 206 and Highway 2. He
suggested the board walk the proposed alignment and take a
look into Empire Estates to get a glimpse of what the city will
look like from the future bypass.
MOTION - INITIAL ZONING Hull moved and Hinchey seconded a motion to adopt staff
report KA-06-15 as findings of fact and recommend to the
city council that the initial coning of the 8.8 acre site be R-4
(Two Family Residential).
BOARD DISCUSSION Balcom said she is concerned about the density and
suggested the board look at the zoning. Just because it was
R-4 in the County doesn't necessarily mean it is natural to
be the R--4 in the City. If density is one of the problems
specifically with the noise concerns she worries that this is
being rushed and by the time houses are built it will be too
late.
Norton said there is a note in. Condition #4 that states that if
the developer can't mitigate due to noise it could result in a
loss of lots and the subdivision would have to be
reconfigured. Norton thought that would take care of the
concern.
Clary said that the County zoned the property R-4 but they
don't have the sewer plant to support it and he feels it would
be comparing apples and oranges. Clark said he doesn't have
a problem with the City R--4 but he does have a problem With
the noise and the suggestion that MDT should pay for the
noise study and mitigation. Clark visited the site and a good
part of the proposed subdivision is along the bypass route. In
addition Clark felt that the developer should not be
reimbursed for a city street that will provide connectivity in
the future.
Kai ispell City Planning Board -
Minutes of the meeting of M av 8, 21007
P�Aa- 1 S of A
Norton clarified the board can change the zoning now which
may or may not have any affect on the noise problem. Clark
suggested greater setbacks may have an affect. Norton said
just because the zoning is changed doesn't necessarily
change the layout.
Schutt said he finds R-4 zoning appropriate for this location.
ROLL CALL W ANNEXATION
'the motion passed unanimously on a roll cal. vote.
BOARD DISCUSSION
Clark asked for clarification on procedures at this point and
Norton said the board has recommended approval of the R-4
zoning to City council and now the board will discuss the
actual subdivision plat of Ashley Park Phase 9.
MOTION - ASHLEY PARK
Hull moved and Clark seconded a motion to adopt staff
PHASE 9 PRELINMARY
report PP-06- 16 as findings of fact and recommend to the
PLAT
city council that the proposed subdivision, Ashley Park
Phase 9 be approved subject to the 27 conditions listed in
the staff report with the following amendments: Condition
# 1 o be amended to provide an additional " 1 o foot public
utility easement"; amend Condition # 13 b . to require the
bike/pedestrian path be a minimum width of "8" feet; and
Condition 13 c. read the "8" foot bike/pedestrian path....
]BOARD DISCUSSION
Schutt questioned the to foot developers latecomers reserve
easement and asked if they have been done before. Conrad
said there were a couple of subdivisions done years ago
where a reserve was held between the public R/w and the
edge of the property which made it problematic to create
connectivity between 2 subdivisions. Norton said the board
had dealt with this issue before and staff is right it totally
interfered with the interconnectivity in that instance.
Hull said when you have a latecomers agreement you allover
the developer to hold their neighbor hostage.
Schutt said he wholeheartedly agrees with Condition #9 c.
that requires the 1 o-foot developers latecomers reserve
easement be removed.
There was discussion on the easements and their locations.
Clark stated again the cost of the noise study should not be
put on MDT.
Norton said he sympathizes with the developer because the
noise study requirement will put their project on hold
because they will have to come back to mitigate the sound
maybe after houses have been constructed. But to place the
burden on MDT is unreasonable. Norton suggested either a
bond could be held for that work or the developer could use
Kalispell Citv Planning Board
Minutes of the meeting (if May 8, '1007
Paize t 6 of �6
berming and vegetation and hope it works. Conrad said the
board may want to clarify ghat they would like to see as
mitigation such as berming and vegetation instead of a
sound wall because a sound gall would mitigate the noise
but is it appropriate for the community. Norton would like to
see continuity with other projects.
Balcom asked, how can the board be assured that this
mitigation would be completed? Norton said staff would
enforce it by not allowing the approval of final plat until the
mitigation measures were installed. Conrad said the
condition reads that 2 / 3rds of the improvements would need
to be completed and then the developer could bond for the
remainder. Hull said all of the conditions have to be met or
bonded for before the developer can sell the lots.
Norton said if the mitigation is not completed and is left for
the final 3rd who is to say what the mitigation costs would be
for the bond. Conrad said the developer would have to get an
engineers estimate of the cost of mitigation.
Norton said the easements are in place but it doesn't state
how they will be improved and homer they will interconnect.
Conrad said the way the condition is written is the bike path
would be extended from the cul-de-sac boundary over to the
western property boundary because MDT will be
constructing a bike path along the bypass and they will be
encouraged to connect with existing bike paths for this and
other subdivisions.
There was further discussion regarding the easements.
MOTION - PRELIMINARY
The motion passed unanimously on a roll call vote.
PLAT
OLD BUSINESS.
A request from Gateway Properties, Inc., for annexation into
the City of Kalispell with the initial zoning of R-- 2 , Single
GATEWAY PROPERTIES -
Family Residential, and a Planned Unit Development (PUD)
VALLEY RANCH - PLANNED
overlay zoning district on the so . 7± acre project site. The
UNIT DEVELOPMENT
PUD will be known as Valley Ranch and is proposing 204
CONTINUED FROM APRIL
residential lots, 29 townhouse lots and a future assisted and
10, 2007 BOARD MEETING
independent living facility with up to 120 units on the project
site. The project site is in the County zoning jurisdiction and
is zoned SAG- 10, suburban Agricultural. The project site is
located on the east side of Highway 93 approximately 1 1/2
miles north of the intersection of Highway 93 and west
Reserve Drive.
Norton stated that the R-2 zoning was approved at the April
loth planning board meeting and the Planned Unit
De vl,e op113.1..nt was tabled.
MOTION TO REMOVE
Norton moved and Hinchey seconded a motion to remove the
VALLEY RANCH PUD FROM
`Talley Ranch PUD request from the table.
Kalispell City Planning Board
Minutes of the meeting of May 8 , �0D7
Page 17 of ?6
THE TABLE
RILL CALL The motion passed unanimously on a roll call vote.
OVERVIEW OF THE Sean Conrad presented an overview of the Valley Ranch
VALLEY RANCH PROJECT project.
Conrad said the discussion and comments from the public
included concerns about the density of the project, water
impacts to surrounding properties, traffic impacts on
Highway 93 and others felt that there were inadequate
setbacks from the Ponderosa subdivision.
Conrad noted the board received a memo in their packets
that summarizes last month's meeting and included a
slightly modified site plan. Conrad noted the modified version
takes into account the recommended conditions in the staff
report and the comments that were received at the public
hearing. The developer has shown an increased setback from
Highway 93 from. 50 to 100 feet; they increased the central
park area at the request of the Parks Department; they
decreased the density slightly and increased the buffer area
and lots adjacent to the Ponderosa subdivision.
Conrad pointed out there was some discussion regarding
Highway 93 traffic impacts and itnprovemments. As of seven
days ago MDT is still planning to construct four lanes from
Church Drive south to connect with the existing four lane
facility along Highway 93. He added the intersection of
Church Drive and Highway 93 is slated to be a junior
interchange. The bids go out in 2008 for the work.
Norton noted that the board's packet addressed what staff
just reviewed and also answered Ms. DeMeester's letter that
was presented to the board at the April lothpublic hearing.
QUESTIONS FROM THE Hull asked if the developers were still requesting the same
BOARD number of deviations from the R-2 zoning and Conrad said
yes.
Clark asked for clarification of the plan and whether this is
the developer's first blush shot at what they propose to do
and Conrad said yes. Clark went out to the site and asked if
there was a condition that addressed preserving the stand of
Ponderosa trees between Ponderosa Estates and Valley
Ranch. Clark thought those trees should be preserved.
Conrad said that the board could Certainly make that
recommendation. What the developer has done is show a
slightly increased buffer area to 35 feet and has also put in a
100 foot swath of open space to help preserve some of those
trees. Conrad noted the trees are not addressed in the
conditions.
There was further discussion regarding the stand of trees.
Kalispell City Planning Board
Mi mutes of the meeting of May 8, 2047
Page IS of .6
MOTION -- PRESERVING
Clark moved and Hinchey seconded a motion to add a
THE STAND OF TREES
Condition that the grove of trees described above be
protected in open space between Ponderosa Estates and
Valley Ranch.
BOARD DISCUSSION
Hinchey wondered if the intent was to maintain the grove of
trees or to actually include them in open space because if it
were to maintain the grove of trees they could be included as
part of those lots but if they are maintained as open space it
is going to shift the useable lot space and cause a redesign of
the subdivision. Mark said the problem there would be if the
owners decided that they wanted to put their house in the
trees they would them cut them all down.
Schutt said he didn't see the necessity of the amendment as
it is already incorporated in the new site plan. Schutt
reviewed the location of the trees and lots.
Hull asked for clarification of the motion. Norton. explained.
ROLL CALL - PRESERVING
The motion passed unanimously on a roll call vote.
THE STAND OF TREES
MOTION - AMEND
Schutt moved and Hinchey seconded a motion to amend
CONDITION # I.
Condition # 1 to delete Valley Ranch PUD plan dated. 3-5-07
and insert the modified plan dated April 23, 2007.
BOARD DISCUSSION
Schutt noted when a developer brings in modifications to the
original submittal it usually leads to confusion. The intent of
his motion is if the April 23rd plan is in keeping with the
original staff recommendations then it should be accepted by
the board. Schutt added that this modified plan will also
address the concerns Mr. Clark expressed about preserving
the trees. Conrad agreed the motion was appropriate and the
preserving of the trees is addressed in the modified. plan.
MOTION - AMEND
The motion passed unanimously on a roll call vote.
CONDITION # 1
BOARD DISCUSSION
Norton noted there is a landscape parkway between .lots 4 5--
54 which is an alley zone between the houses. He asked if
the houses are all rear loaded and who is going to maintain
that landscape parkway. Conrad said the landscape parkway
will probably be a homeowner's park and all the lots are alley
loaded to provide for a much greater green and open space
between the front of those lots and the street. Conrad noted
these types of details will be worked out when the
preliminary plat is submitted.
There was addition.ai discussion on the other park areas.
Clark noted that there is a ortion of the 12roposal which
Kalispell City Planning Board
Minutes of the meeting of May S, 2007
Page 19 of 26
doesn't have alley loaded garages. Conrad said for the most
part the alley loaded lots are much smaller than the ones
with the garages in the front. Clark asked how wide those
lots are and staff noted they are between 60 and 72 feet
which it typical for R--3.
Hull said it appears to him that the lots sizes are now closer
to the standard city lot size. Jentz said basically they are the
size of standard city lots.
MOTION -- PLANNED UNIT
Schutt moved and Balcom seconded a motion to adopt staff
DEVELOPMENT
report KPUD--07--02 as findings of fact and recommend that
the PUD for 'Malley Ranch be approved subject to the
conditions as amended.
BOARD DISCUSSION
None.
ROLL CALL -- PLANNED
The motion passed unanimously on a roll call vote.
UNIT DEVELOPMENT
OLD BUSINESS
A request from Wayne Turner for annexation and initial
OONTTNUED:
zoning classification of R-3 , Urban Single Family Residential,
WILLOW CREED --
with a PUD overlay over the entire 140f acre project site.
ANNEXATION & INITIAL
The developers have also requested approval of willow Creek,
ZONING, PLANNED UNIT
a preliminary plat to create 288 single family lots, 82
DEVELOPMENT &
townhouse lots and 9 lots which would accommodate multi-
PRELINIINARY PLAT
family buildings. A total of 24 multi -family buildings are
proposed over the 9 multi -family lots and would allow up to
340 condominium units. The property is in the County
zoning jurisdiction and is zoned R-1, Suburban Residential,
and I-2, Heavy Industrial. The property is located on the
north side of Foys Lake Road at the intersection of Foys Lake
Road and valley View Drive.
STAFF OVERVIEW --
Sean Conrad representing the Kalispell Planning Department
WILLOW CREED
presented an overview of the Wallow Creek project for the
board.
Conrad noted that the planning board, at their April 10,
2007 meeting, elected to make a recommendation of approval
on the Growth Policy Amendment from. Industrial to
Suburban Residential for the Willow Creek. Then a motion
was made to continue discussion on the remainder of the
project which included initial zoning, planned unit
development and the preliminary plat for Willow Creek
Subdivision.
Conrad oriented the board on the location of this project. The
major issues on this project that were brought up in the staff
report and comments received at the public hearing were the
traffic impacts associated with this overall project, noise
impacts from the future highway bypass, setbacks from
Ashley Creek and how storm water was going to be
Kalispell City Planning Board
Minutes of the meeting of May R, 2007
Page 2-0 of 26
addressed.
Conrad noted staff and the planning board received a letter
from Ms. Bam* 's Attorney and a petition regarding the initial
zoning of the property, signed by property owners in the
immediate area. Conrad added the petition will not affect the
planning board's decision and will affect the city council's
vote on this project. The petition will be brought before the
city council during their review.
Conrad said the board received a slightly revised project plan
from the developer showing the 150 foot buffer along Ashley
Creek and how the developer could meet the 150 foot
setback from the creek which would reduce the overall
number of units by 20.
Staff recommends that the Kalispell city Planning Board and
Zoning Commission adopt staff report KA-07-3 and
recommend that initial zoning of the 140.5 acre site be R-3
as shown on the zoning district map for the property.
Staff recommends that the Kalispell city Planning Board and
Zoning Commission adopt staff report KPUD -07 -1 as findings
of fact and recommend to the Kalispell City Council the PUD
for willow Creek be approved subject to the 49 conditions
listed in the staff report.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP-07--2 as fmdings
of fact and recommend to the Kalispell City Council that the
Willow Creek subdivision, phase 1-6 , be approved subject to
the 49 conditions listed in the staff report.
BOARD DISCUSSION Conrad reviewed the letter from. Ms. Baffi's Attorney and said
regarding the issue of water rights for the subdivision, to his
knowledge the water rights are tied with the property. 'There
is a recommended condition of approval that the developer
turn over the water rights that are associated with this
project site, to the city. whether the developer owns 20, 50 or
0% of the property rights will be brought out prior to final
plat. Conrad assured the board that this letter will be
forwarded to city attorney for his input. Norton said the moray
he understands the discussion at the last meeting is even
though the developer may only own 50% of the water rights
he is required to give an equal percentage to the city either
from this property or elsewhere. Conrad said the condition
reads the developer will transfer the water rights that are
associated with this property to the city.
MOTION - ANNFJUTION & Norton moved and Schutt seconded a motion to adopt staff
INITIAL ZONING report KA-0 7-3 and recommend that initial zoning upon
annexation of the 140.5 acre site be R-3 Urban Single Family
Residential.
Kalispell City Planning Board
Minutes of the meeting of May 8, 2007
Pate 1 1 of 26
BOARD DISCUSSION
Balcom asked for clarification on the revised preliminary plat
and the minimum lot size in R-3 zoning. Conrad said the
minimum lot size for an R--3 zone is 7,000 square feet.
ROLL CALL - ANNEXATION
The motion passed on a roll call vote of 5 in favor and 1
& INITIAL ZONING
opposed.
MOTION - WILLOW CREEK
Schutt moved and B alcom seconded a motion to adopt staff
PLANNED UNIT
report KPUD-07-1 as findings of fact and recommend to the
DEVELOPM ENT
Kalispell City Council the PUD for Willow Creek be approved
subject to the 49 conditions listed in the staff report.
BOARD DISCUSSION
Balcom thinks the project is too dense and she doesn't feel
the developer has adequately addressed the concerns about
the type of fill that has been placed on the property; crater
rights; affects on, the community and other issues. She
believes the developer has a right to develop this property
but she is not sure this proposal is the answer for this site.
Hinchey said he is not willing to say that the entire project
should be ash canned and if the conditions as outlined were
met the project might be acceptable to hint. He added if the
conditions are met this development won't look anything like
what they have before them today. He does have a problem
with the setback from Ashley Creek and if Fish, Wildlife 8&
Parks are requesting 200 feet that should not be negotiable.
Hinchey also feels that the noise study should be required.
Schutt said that he objects to the current layout of this
project for several reasons. It is very dense and incompatible
with surrounding development. He likes the spirit and
direction that the staff recommendations are going but the
city would be allowing a lot of deviations on road length,
block length, cul-de-sacs, setbacks, etc. According to this
plan there are 24 multi -family condominium buildings which
is a direct deviation of the Rw3 zone. In his opinion they could
spend a fair amount of time discussing the conditions but he
is not prepared to move forward with the plan that is even
close to this.
Hull said the thing that he keeps corning back to is this is
not out in the middle of the county like valley Ranch, this is
next to downtown. Hull thinks the project is dense and a
peculiar site to put that kind of density on. He said for year's
this property has been hanging out there and other than the
city's proposal to put a golf course in this location this is the
first real proposal for the property. Hull said he would vote in
favor of the project.
Hull rioted. Fish, Wildlife 0% Parks came up with the 2UU foot
setback from Ashley Creek and he obi ects that FwP's would
be able to write subdivision regulations. He said the �
Kalispell City Planning Beard
Minutes of the meeting of May 8, 2007
Pale 22 of ?b
Missoulian stated Missoula is in the middle of a big
discussion of their setbacks from the dark Fork River which
would be 200 feet but for a creek like Ashley Creek it would
be 75 feet. The board needs to discuss setbacks for future
developments so the developer is aware of the setbacks when
they submit a project. The city should set the rules not
agencies who receive notices of the proposals.
Clark said that he agrees with Hinchey that the 200 foot
setback from Ashley creek should be required. However he is
also concerned that the developer might change the layout of
the residential lots to make up for the loss of multi -family
lots near the creek. dark feels that this is a transitional area
from city across the bypass and Ashley creek and he thinks
it has to transition into the county developments that are
larger lots. The project is too dense and should be scaled
back. He has no objection to how the roads and green space
were laid out but he can't vote for the proposal.
Conrad understands what Mr. Clark is saying about the 200
foot setback and if the board does impose the 200 foot
setback they could add that the residential lots remain
residential lots so additional. multi -family lots can't be added
in other areas of the proposal. Conrad noted if the 200 foot
setback is imposed it would remove approximately 50-90
units from the proposal.
Norton said the project is too dense and is a transitional
area. He said he sawn photographs of the site since the
hearing and all the sawdust and fill piles are not north of
this development. He is concerned with the stability of the
ground and you can't build on something that doesn't have a
good foundation. Norton questioned whether the developer
provided enough evidence that the soils were studied. The
project has too many areas that are not suitable for
construction of residential properties and with this density
there is no opportunity to skirt those areas.
Clark agreed with Norton that there are unstable areas all
over this site.
Jentz stated the developer did submit the soil survey with
their application for the board's review. ,Jentz added it is
stated in the application and the developer assured us that
there may be fill on this side of the bypass but MIST will be
purchasing those areas as part of their bypass R% w
acquisition. Norton said he was unable to find this
information in the application and suggested the information
may be misleading.
ROLL CALL - WILLOW The motion failed on a roll call vote of i ill favor and 5
CREEK PLANNED UNIT opposed.
DEVELOPMENT
Kalispell City Planning Beard
Minutes of the meeti n cy of M air 8, 2007
Pale 213 of 26
BOARD DISCUSSION
Norton suggested since the PUD failed the board does not
need to discuss the preliminary plat.
Jen.tz said if everyone is comfortable with the fmdin.gs that
were stated above no further action is required.
Further discussion was held restating the discussion above
that led to the vote for denial.
In further consultation with staff Conrad recommended that
the board act on the subdivision part of this application. The
same findings can be used for the subdivision aspect.
Norton argued that the subdivision that was presented to
them has densities that are greater than an R-3 zone would
allow therefore it cannot be considered because it doesn't
meet the zoning.
Jentz said a subdivision was submitted and a public hearing
was held and it is a disservice to the council to forward a
subdivision that the board hasn't reviewed or made a
recommendation on.
MOTION w-- CONTINUE THE
Hinchey moved and Balcorn seconded a motion to indefinitely
WILLOW CREEK
table the Willow Creek preliminary plat, since it does not
PRELIMINARY" PLAT
comply with the recommended zoning and for the reasons of
denial articulated with the PUD, until such time as the
zoning and PUD has been properly determined for the site.
ROLL CALL - WILLOW
The motion passed unanimously on a roll call vote.
CREEK PRELIMINARY
PLAT
OTHER OLD BUSENESS:
None.
NEW BUSINESS:
Setbacks from Rivers & Streams
Norton thought the item brought up by Mr. Hull regarding
setting recommendations for setbacks from rivers and
streams was a good idea. Hull restated his previous
continents on this subject noted above and added that storm
water issues and the Parks Master Plan also need to be
reviewed by the board. Clark disagreed with the idea of the
city setting recommendations for setbacks because terrain
along the rivers and creeks changes to a point that the
setbacks wouldn't be necessary in all locations.
Conrad said in talking with Fish, Wildlife & Parks they would
like to provide a standard set of setback conditions to the
city and county for each of the major rivers in the area. So
then when a developer comes in we can notify Ahern of what
those setbacks would be because they would be part of the
subdivision regulations.
Kalispell City planning Board
Minutes of the meeting of May 8, 2007
Page ?4 of 26
Board Member Disclosures
Norton asked if there was a problem with board members
receiving letters at their personal residences. Jentz said if the
board receives information on a current topic it is really
incumbent upon the board member when they are having
the public hearing to state what they have received which is
disclosure. Norton referred to the news article where it stated
that this board, the city councils and commissioners are
quasi-judicial bodies and they have to disclose who they
spew to about certain, issues and Norton asked if the City
Attorney will be advising the board on this issue. Jentz said
there will be a work session on that issue and others. Also
when a new member of the board is appointed those issues
are reviewed. Jentz added if a person who has a financial
investment in the project being discussed with the board
member, the board member should disclose that
information. Board members can discuss any issue with any
general member of the public.
Special Planning Board Meeting
Jentz said that there is a Special Meeting on May 22 nd on the
Starling project.
Other Work Session Items
Schutt said in addition of the items Mr. Hull had mentioned
the board has also discussed updating the subdivision
regulations and design standards. Jentz said those areas are
acknowledged in the board's work program, which is set by
council, and those work sessions will most likely tape place
this fall and winter. Jentz noted the revisions needed in the
design standards and the parking standards are being
reviewed by staff currently. The problem with meeting with
Susie Turner who is the city's Storm Water Engineer is she is
unable to meet with the board at night and Jentz asked if the
board would be willing to meet with her at 5:00 or 5:30 and
the 4 remainin.g members thought that could be arranged.
Agenda Items -- June 12the Planning Board Meeting
Jentz noted the agenda for the June 12th meeting includes
annexation. of 3 contiguous properties south of Quarter
Horse Estates and an annexation & initial zoning and PUD
on property just south of Silverbrook Estates.
ADJOURNMENT The meeting was adjourned at approximately 10:40
i P.M.
A special meeting of the Kalispell City Planning Board and
Zoning Commission will be held on Tuesday, May 22, 2007
Kalispell City Planning Board
Minutes of the meeting of May 8, 2007
Page 25 of 2-b
beginning at 7:00 p.m.
Timothy Norton
President
The next regular meeting of the Kalispell City Manning
Board and Zoning Commission will be held. on Tuesday, June
12, 2007 beginning at 7:00 p.m.
Michelle Anderson
Recording Secretary
APPROVED as submitted/corrected: /_/07
Kalispell City Planning Board
Minutes of the meeting of May 8, 2007
Page ?b of 1.6