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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