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Planning Board Minutes - March 8, 2005KA .ISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 8, 2005 CALL 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: George Taylor, Jean Johnson., Timothy Norton, Rick Hull, John Hinchey and Bryan Schutt. Kari Gabriel was absent. Narda Wilson represented the Tri- City Planning Office. There were approximately 35 people in the audience. APPROVAL OF MINUTES Schutt moved and Norton seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of February S, 2005. The motion, passed unanimously on a voice vote. BEAR THE PUBLIC Erica Wirtala, Sands Surveying, representing the Two Rivers applicants, stated that one of the applicants and she will be available for questions after the presentation. TWO RIVERS Taylor stated for the record that this presentation represents PRESENTATION the beginning of the "thaw" between the City and the County and this project deserves cooperation and commitment. Don Hines, Flathead County Planning Board, stated that he asked Kathy Robertson to give tonight's presentation, as he was in Helena this afternoon and he did not know if he was going to make it back in time. He said the Two Rivers Plan Amendment application document was presented to them in October; they voted on it and sent it to the county commissioners in December. He said the commissioners then gave it back to the planning board for further work and that the Two Rivers applicants have been very cooperative. The County staff report is extensive and includes comments from County and City staff. He said he would like to sit down with the City Planning Board and discuss their concerns prior to the Flathead County Planning Board's March 30th public hearing and he would like to hear the Board's comments. He said this is an amendment to the Flathead County Growth Policy, and the applicants propose to adopt a new growth policy for the area consisting of urban residential, suburban residential, industrial, commercial and open space. The application and supporting documents have been incorporated into the staff report. He said the majority of the properties lie north of Reserve Drive between Highway 93 and Whitefish Stage Road, with a small portion between Country Estates and the Big Mountain Golf Course, and Kaiispeil C LV Planning Board Minutes of the meeting of Afarch's. N05 consist of approximately 1,880 acres. The properties are part of the Evergreen, Highway 93 North and West Side zoning districts and are variously zoned in the county, with a mixture of lot sizes and uses. He said the zoning reflects the current county growth policy map. The properties are located on the fringes of the city of Kalispell and have a wide range of uses. He explained that the Growth Policy projects long term growth, and the Flathead County Planning Board is currently working on a new one because the county has changed so much. He explained that the demographics have changed in 18 years, and the amount of planned properties have not kept up with the demand for services and that the census has predicted a population of 100,000 by 2017. He said that water quality is a big concern and that City services would allow more annexation. Kathy Robertson stated there is no major objection to the plan., but it is a bit premature in that the current master plan is outdated and is being updated. She showed maps showing the current septic systems and wells. She said the Two Ravers plan talks about performance zoning, which can't be done until a new growth policy gets adopted which designates desirable zoning within the county. She said those people who don't want to be involved don't have to be and growth needs to be according to an overall plan. She said the County has consulted with a company that does planning for expanding areas and that an article in the paper said the City is willing to extend sewer up to Rose Crossing, and would be willing to include expansion of the water lines as well. She said things must move at the right pace and there is work to be done. The area is going to grow, and it needs to grow in a form that is rational and reasonable. She explained that the State requirement is to have a master plan done by October 2006, although they would like to have one done sooner. She said the primary thing they want to do is follow a prescribed format and put the necessary information in the plan. James Patrick, Kalispell City Manager, stated that this is an exciting project for a lot of different reasons, and it has been a privilege to be invited to County workshops on this subject and be a part of what is going on. He stated that the County planning board is having a public hearing on March 30, and they wanted to bring this before the City planning board for their comments. He stated that he took a drive to the area, and that several properties are ready to start development; high density properties would need sewer and water. He stated the city council passed a resolution to find a partner to help extend sewer in this area and this plan is exciting. He said the cooperation will continue, and the City is bumping up against the county's master plan area, and they may want to consider this an amendment to the City's plan. Kaiisped City Planning Board \ilinutts of the rneetina of March S- 2005 Hines stated that he echoed what Patrick said, and this is an opportunity to start working together again, and it is a unique step for him. They want to be able to do it with full cooperation and get everyone's concerns out on the table. He said he would like to move forward with the application at the March 30 meeting and that planning board staff is willing to give any information to the board. He said that the city and county are unique, and that no place else in the state has our opportunities. Hinchey asked if the homeowners would accept the designations placed on their properties by the amendment. Hines said for the most part they would, but some homeowners are still getting back to them about their concerns. Taylor said the board will step up to the challenge and it is our job to give thought to the infrastructure, etc.; this presents a great challenge to both the city and the county, and we want to do it right. He stated the board will set a public work session before March 30. MISSION NORTHWEST i A request by Mission Northwest Development LLC for initial INITIAL ZONING UPON zoning of R-4, Two Family Residential, of 0.47 acres upon ANNEXATION REQUEST annexation to the City of Kalispell. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KA-05-2 presentation of Staff Report KA-05-2, a request by Mission Northwest Development LLC for initial zoning of R-4, Two Family Residential, of 0.47 acres upon annexation to the City of Kalispell. Wilson stated we have seen a lot of annexation activity in this area because sewer and water are available and it is on the western fringes of the city. She said the applicants are proposing annexation to the city with R-4 zoning and it is currently zoned R-5 in the county. Wilson explained that R-4 is a single family and duplex zone, and this is consistent with other properties that have been annexed in the area of 7th Avenue West. She said the owner will submit a minor subdivision to the city council in the near future; it would not come before the planning board, but it will probably be for two two unit townhouse lots. Wilson stated the growth policy designates this area as urban residential, and the immediate area is a mix of single family and two unit townhouses, a few duplexes and single wide mobiles. She said the staff is recommending adoption of the staff report and recommend that initial zoning of this property erty be R-4, Tvro Family Residential. Kaiispeil City Planning Board .Minutes of the fneetind of Ylaxch Is. '00 D.,11,1 _ ,: 1 1 QUESTIONS BY THE Hull asked if a zone change for vacant park land was BOARD approved right next to this recently, and where access would be. i Wilson said that that was City owned property that would adjoin, this to the northwest and that access to the piece I would be off 7th Avenue West. She said that Western Drive ends right there to the south, and there is a storm water overflow area there. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES The applicant was not available. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Hinchey moved and Taylor seconded to adopt staff report KA- 05-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning designation on 0.47 acres be R-4, Two Family Residential, upon annexation to the City of Kalispell. J BOARD DISCUSSION There was no discussion. I ROLL CALL The motion passed unanimously on a roll call vote. YARUS PROPERTIES, LLC A request by Yarus Properties, LLC for a zoning text ZONING TEXT amendment to allow HVAC retail sales and service in the B- AMENDMENT REQUEST 3, Community Business, zoning district in the City of Kalispell. STAFF REPORT KZTA-05-2 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-05-2, a request by Yarus Properties, LLC for a zoning text amendment to allow HVAC retail sales and service in the B-3, Community Business, zoning district. Wilson gave a staff report and stated that this is a general text amendment to the zoning ordinance that would include a permitted use that is not listed. She said it is not site specific, and that any B-3 zone could have HVAC on it if this is approved. She said the applicant would like to operate a i portion of his HVAC business, limited to sales and service, on a piece of property in the B-3 zone. She said there would be sen7ice vehicles and parts, but it would not include a sheet metal shop. It would be strictly limited to retail sales and service. She said HVAC is proposed in the B-3 as a permitted use, and is listed in the B-2, B-5, and 1-1 zones as a permitted use. This amendment would not include the sheet metal shop component to minimize the impacts to surrounding uses. She said the B-3 zones are retail service Kalispeit City Planning Board Minutes of tha - meaint; of March 8_ '005 P"' 1 M. 71 j centers, and are not intended for outside sales; they are lower impact retail sales and that the B-2 zones have outdoor displays or storage or major repair of motor vehicles. She said the B-3 also serves the general needs of the public and travelers and is intended to be less intense than the B-2 zones. She said that B--3 is typically located on the north side of Idaho, the B-2 is the southern strip, and the B-5 is in the older part of town. i Wilson explained this amendment would allow retail sales. and service of HVAC to go into the B-3 zone, and the zone includes such uses as auto repair shops, glaziers, furriers, etc. She said that staff recommends adoption of the staff report and allow HVAC sales and service to be a permitted E use in the B-3 zoning district. QUESTIONS BY THE Hull asked about parking requirements. BOARD Wilson said they would depend on the square footage of the building, but there would be no on -street parking of service trucks. Schutt asked about the sheet metal aspect of the business and if that was the noisy part. Wilson said that it was the noisy park of the operation and there would be no storage, cutting of materials, etc. allowed at this location. Hinchey asked why this use was excluded initially. Wilson said probably because of the sheet metal component, which would paean a higher impact. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Bill Yarus, 425 Ponderosa Lane, Kalispell, stated that they found this building to purchase and it is perfect for them, . i with tons of parking; it used to be a laundrom.at and a part time church. He said this would be a great application, but the realtor did not look into the zoning as much as he should j have. He said they plan to make exterior changes and to fix i the odd roof line; they will repaint the building and will make i it look much better. PUBLIC COMMENT i No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Norton seconded to adopt Staff Report KZTA-05-2 as findings of fact and, based on these findings, E recommend to the Kalispell City Council that HVAC retail Kalispell Cin Boa rd oard Minutes of the meeting Uf Mare S, 2005 sales and services be a permitted use in the B-3, Community Business zoning district in the City of Kalispell. BOARD DISCUSSION : Norton stated that this really falls in line with the revitalization that the Architectural Review Committee has been working on. Taylor said he hoped there was more revitalization to come. E ROLL CALL The motion passed unanimously on a roll call vote. MOWBRAY ZONE CHANGE A request by Carmine Mowbray for a zone change from B-1, REQUEST Neighborhood Buffer District, to B-2, Geiieral Business on approximately 0.91 acres. STAFF REPORT KZC-05-1 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZC-05-1, a request by Carmine Mowbray for a zone change from B-1, Neighborhood Buffer District, to B-2, General Business on approximately 0.91 acres in the City of Kalispell. Wilson stated this property is north of Wyoming Street on the east side of Meridian, across from Merrill Lynch; there is a shoe repair shop, and Weight Watchers is there. She said the property is fully developed, and the applicants are proposing rezoning from B-1, Neighborhood Buffer district, to B-2, General Business, to allow them greater flexibility in leasing the space in the existing building. She explained the building could then be used for some additional uses, but there would be no boat or car sales. Wilson explained that staff supported this because B-2 is right across the street and Meridian Road in a state of transition. The fairgrounds are to the south, but this will have a minimal impact on traffic and uses. She said the existing developed property complies with the B-2 development standards; the setbacks and parking all comply, and there are no issues that would bring it out of compliance by rezoning it. Wilson said that DOT did acquire right of way for the upgrade of Meridian, but the two existing accesses will stay; there is pedestrian access along the front to the west, and there may be room for a landscape buffer between , the sidewalk and curb. She said that once Meridian is reconstructed, this property will be more attractive. Wilson said that staff recommends adoption of the staff E i report and recommend to the City Council that the zone l I change from B-1 to B-2 be granted. QUESTIONS BY THE Schutt asked what sort of uses would be permitted in the B- BOARD I .......... 2 zone which would not be permitted in the B-1. Kalispell Cite Planning Board ,Minutes of the meeun4 of,.larch & 20W .. C " I t Wilson. said auto repair, car wash, grocery store, etc. but these are fairly small buildings, so there won't be a lot going in there. She said the applicants are just looking for a little more flexibility in the type of uses. PUBLIC NEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Lee Berger, who owns the management company which manages the property, stated the B-1 allows the broadest range of commercial and real estate uses, and this is an opportunity to improve the property. He stated the property has been resided, new awnings installed, and a new HVAC system has been added; when the road is improved, there 1 will be new signage and they will tie in the landscaping. He stated this gives them an opportunity to upgrade the use of the property, and they will continue to improve the property. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Norton moved and Hinchey seconded to adopt Staff Report KZC-05-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning for 0.91 of an acre be changed from B-1, Neighborhood Buffer District, to B-2, General Business. BOARD DISCUSSION. Hull said it would be nice to get a unified zone change for Meridian, but the reality is it is going to be done piece by piece. Taylor said a workshop on updating the zoning ordinance should be scheduled. ROLL CALL The motion passed unanimously on a roll call. vote. LAPP CONDITIONAL USE A request by Charles and Mickey Lapp for a conditional use PERMIT REQUEST permit to allow the conversion of five single family lots in the Blue Heron Subdivision to five two unit townhouse lots. STAFF REPORT RCU-05-3 � Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KCU-05-3, a request by Charles and Mickey Lapp for a conditional use permit to allow the conversion of five single family lots in the Blue Heron Subdivision to five two unit townhouse lots for a total of ten sublots. Johnson recused himself for this agenda item. Wilson stated that these lots are proposed to be converted from single family lots to two unit townhouses lots; the lots are located on the west side of Blue Crest Drive, at the Kalispell C ltv Planniniz Hoard Minutes of the meetin-, of March S. 2005 entrance to Blue Heron. She said it is coming before the board because the developer is interested in creating some townhouse lots within the development, and that the zoning ordinance does allow townhouses in the R-2 zone as a conditionally permitted use subject to density limitations. She said the density limitations must comply with the underlying density for the entire development and the R-2 zone has a minimum lot size of 9600 square feet; the lots to the east and the park area were included in this proposal, so the entire proposal is 2.6 acres more or less, which would create a density of 11.79 dwelling units, but 13 dwelling units are being proposed in this request. Wilson said this would end up requiring one of the lots within the townhouse portion to be a single family lot in order to meet the density requirements, and one townhouse lot would be lost. She said that more lots could not be included because they have already been sold by Mr. Lapp; Phase 1 of Blue Heron. was 10.371 acres, with approximately 2.17 acres in roads, and 1.33 acres in a park. She said if we add the lot in Phase 2 that is a part of this, divide by the total number of lots in Blue Heron (25), and add the additional five townhouse lots, that is a total of 31 lots. She said the overall density is 10,018 square feet, excluding the common area, and all lots stall fall below 9600 square feet without including the park area. She said that Lapp only owns those certain lots, and since we can only consider those lots, it is over the density and the staff therefore recommends approval of eight townhouse lots and four single family lots. She, said the project complies with the growth policy designation for the area of up to four dwellings per acre; the access is developed with the internal road, with minimal impacts to the infrastructure_ She said that staff recommends adoption of the staff report that a CUP be granted subject to the listed conditions. She also stated this must go through subdivision review and will come back before the board as a major subdivision. QUESTIONS BY THE 1 Schutt asked if the four lots to be converted were lots 1-4, or BOARD if they have been determined. Wilson said that Lapp will determine which lots they are going to be, and the approximate lots sizes are 10,000 to 11,000 square feet. PUBLIC HEARING 1 The public hearing was opened to those who wished to speak I on the issue. APPLICANTS/AGENCIES 1 Charles Lapp, 3230 Columbia Falls Stage Road, said he Iknew this subdivision would be contentious from the Kalispell City Plannin, Board Minutes of the meetini or March 8. 200 begi.n.ning, which is why they went with R-2 zoning. Their application specified there would also be five duplex units. He said they had also indicated on the preliminary plat map which lots would be duplexes. He said that all services are in the lots, and that both articles in the Daily Interlake include the fact that duplex lots would be built, so it was always their intention to build duplexes. He said there are 64 lots in the whole subdivision, at 2.6 dwellings per acre according to his calculations, so five duplexes should be fine. He said there is no PUD on this property, but the demand for townhouse units and affordable housing is high and this is a way of doing that. He stated that the lots in the surrounding subdivisions are from. $50,000475,000, and these lots are 32,500 for each side, which makes them affordable. Norton clarified that Lapp wants all eight lots to be townhouse lots. Lapp said actually he wants to convert five lots, to create 10 townhouse lots. He said he has been through a lot of hoops on the project, and he will not fight, but there is a huge demand for townhouses, and if the board considers the subdivision as a whole, he would like all five lots. He said those lots were created larger for that purpose. Wilson stated that the five lots on the west side are the ones the applicant wants to change, not all eight lots. Norton asked why the other three lots were highlighted on the map. Wilson said it was a way to include the extra square. footage to increase the square footage and basically it turn out to be a numbers game. Taylor asked if Lot 22 is Mr. Lapp's parent's lot. Lapp said Lot 21 is owned by his parents, but he could get it back from them if they need to reconfigure. He still owns Lot 22. PUBLIC COMMENT Shane Morgan, 129 Blue Crest Drive, stated they are currently trying to set up a homeowner's association in the neighborhood, and they would like a say in how these townhouses are designed. He said they are concerned with colors, designs, etc. and curb front appeal. He said they are looking for charm in the neighborhood. Jennifer Robinson, 137 Blue Crest Drive, said she doesn't see the appeal of townhouses at the entrance to the subdivision and feels it is a step down and adds to the controversy of the neighborhood. She feels it would not be Kaispeil City Planning Board Minutes nor the meering Of March 8_ 2005 T-1111 i1-+'1! beneficial to the neighborhood. Michael Blend, 1.04 West Blue Grass, stated the demand for townhouses is great, and he would like to see smaller 1 numbers of townhouse lots mixed in with larger subdivisions instead of a lot of townhouses in any one subdivision. He said that Three Mile Drive is following the trend of including townhouses with subdivisions, and it is harder and harder to keep costs down for affordable housing. Ed Engle, Stokes and Associates, spoke about the total density and stated the issue boiled down to which lots Lapp owns. He stated that Lot 21 is owned by his parents, and a portion of the park area is not included; Phase 1 and Phase 2 are complete at this point, and running the numbers says they can have 59.5 lots, which is still under density. He said that Phase 3 has a lot more park space, and the density is well under the allowable amount. He encouraged the Board to consider all five lots as townhouse lots, and it fits in with what has been approved on Three Mile and Stillwater. He asked for leniency for the townhouse lots. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Hinchey seconded to adopt Staff Report KCU-05-3 as findings of fact and recommend to the Kalispell City Council that a conditional use permit to allow the conversion of four single family lots in the Blue Heron. Subdivision be given to Charles and Mickey Lapp subject to I f the listed conditions. - MOTION - AMEND Norton moved and Taylor seconded that Condition 2 be CONDITION 2 amended to allow all five lots to be converted to townhouse lots. DISCUSSION Norton said he remembered Lapp wanting to create townhouses at the outset, and that the surrounding subdivisions have higher densities. He said that Phase 3 has not been developed, and that five lots will not be a detriment to the value of the subdivision, and the townhouses will fit in the neighborhood. Schutt stated that he feels the opposite, that townhouse lots just get spread in a big group, and the first impression of the subdivision has a lot of weight. i E Hull stated that more density should be along the road, but this area deserves a slightly smaller density. Hinchey stated that we might have done something! differently at the be nnin , but we can't o back and look at Kalispell Cite Planning Board Minutes of the meeting of %,larch 8- 2005 lots that are not owned; this is a slippery slope for the future. Norton said he believes that Phase 3 will have an access to Stillwater Drive with a lot of open space, and the density should be along the road. He said the homeowners association should be created before the preliminary plat so they would have some say in the design. ROLL CALL - AMENDMENT The amendment failed 1-4 on a roll call vote. ROLL CALL - MAIN The main motion passed unanimously on a roll call vote. MOTION Johnson rejoined the Board. SLANDFORD INITIAL A request by Philip and Barbara Blandford for an initial ZONING UPON zoning designation of R--3, Urban Single Family Residential, ANNEXATION REQUEST upon annexation of approximately 10 acres to the City of Kalispell. COTTONWOOD PARK A request for Preliminary Plat approval of Cottonwood Park, a PRELIMINARY PLAT 36 lot subdivision on approximately 10 acres. REQUEST STAFF REPORTS KA-05-1 Narda Wilson, with the Tri-City Planning Office, gave a AND KPP-05-1 j presentation of Staff Reports KA-05-1, a request by Philip and Barbara Blandford for an initial zoning designation of R- 3, Urban Single Family Residential, upon annexation of approximately 10 acres to the City of Kalispell and KPP-05-1, a request for Preliminary Plat approval of Cottonwood Park, a 36 lot subdivision on approximately 10 acres. E 1 Wilson put up a site map and stated that the property is on I the northwest corner of Stillwater- Road and Three Mile Drive, with Empire Estates to the east, Blue Heron surrounding it to the west, and Bowser Creek Estates to the south. She said the applicants are asking for water and sewer, and R-3 zoning, Single Family Residential, for a 36 lot subdivision.. She said the R-3 zone has a 7000 square foot lot size and a minimum lot width. of 60 feet; the property is currently in the West Valley zoning district, with a density of one dwelling per five acres if clustered, otherwise it is AG-80, which is not appropriate for this area considering the availability of utilities. Wilson said the lots being proposed would be accessed via Stillwater Road at two paints. The lots in the subdivision are 7,000 square feet in size or higher, with the lots along the southern tier 9,000 square feet; the existing house would be retained and an individual lot created, but the outbuildings I would be removed. Wilson noted that the plat says there is a space reserved for two townhouses, and the applicants will come back before the Board for a CUP for that lot; it was not [ done with this application, but probably should have been. Kalispell Cite Planning Board Ulinutes Of tile meeting Of March 8_ 2005 She said the subdivision will have a loop road system, and Stillwater Road will probably be brought into the City at some point; there is a north connection into Blue Heron estates, which initially was not a part of the preliminary plat. She stated that an access close to Three Mile could be a problem when it really gets busy, and this will provide alternate access out of the subdivision at peak times. It will allow this property to function smoother and have an interconnected road system. Wilson explained the growth policy for the area designates this as suburban residential, with up to four dwellings per acre; this is about 3.5 dwellings per acre, including the flood plain area.. She said that Bowser Creek, Aspen Creek, and the Spring Creek area were nondehniated; the base flood elevation has been determined to be 2997, which is narrower than what the flood insurance map had shown. She said that Lot 7 is in the 100 year flood plain and it must be eliminated. Wilson also said that some type of pedestrian access into the park area should be put where that lot was, and shifting properties further to the north would bring the corner of Lot 1 out of the flood plain. Wilson explained that proposed Lot 36 east of the park butts up to the steepest part of the site in the flood plain,, and the applicants must demonstrate that development can be done by not disturbing or filling the flood plain area, but there must meet the required setback. She said they may have to eliminate one of the townhouse lots and shift everything over a bit, because it does not look like the 5 foot side yard setback is being met. She said staff is recommending a bike and pedestrian path be constructed along the west side of Stillwater and Three Mile to connect with Blue Heron to the north and west; in the future we will have an interconnected bike and pedestrian path which will be a safe pedestrian access path, separated from the road. Wilson stated that water and sewer are in Three Mile Drive, and that water will probably need to be looped in for adequate fire flows; Condition 9 needs to be amended to delete subsection e (building pad for a future fire station). She said the park area is an opportunity for the City to coordinate with Blue Heron and Cottonwood Park, and could create a four or five acre park, because both subdivisions have access to it and the bike path; it will be a really nice neighborhood park serving both subdivisions. Wilson finished by stating that staff recommends the initial zoning of this property be R-3 upon annexation, and that the preliminary plat for Cottonwood Park be approved subject to the listed conditions. Kalispell Cite Panning Board Minutes of the rneetiniz ot \lurch $. 2005 QUESTIONS BY THE None at this time. BOARD PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Phil Blandford, 41 Three Mile Drive, stated that they -were somewhat opposed to all of this development in this area, but they feel it is time to move on as the city has moved i around them, so they found a buyer to do a subdivision that i fits with the area. Hinchey asked if the parkland is connected by the 37 foot strip to Blue Heron and if it is connected to Lapp's Phase 3. Blandford said it is, and all of the parkland is open. Hinchey said he wanted to thank Blandford and Lapp for the E interconnecting roadway. PUBLIC COMMENT Jim Burton, 1304 3rd Avenue East, the surveyor of the project, said they have no problems with the conditions, and have already adjusted Lots 1-7. They have given 20 feet more land to the park on the north, and Lot 36 does have five foot setbacks, but the rest have 10 foot setbacks. He gave Wilson a new drawing of the lots. Phil Newharth, 279 Morning View Drive, stated he has had a lot of experience with the developers along Three Mile Drive and is glad to see this property come to a higher and better use. Charles Lapp, 3230 Columbia Falls Stage Road, said when he did his project, he anticipated a five year buildout, but things are happening much faster. He said the Homeowners Association is established after 75% of the homes are owner occupied, and they are not there yet; there are more issues to be worked out. He said he is working out the parks issue with the City and this developer, and is looking forward to making a really nice community. In response to a question., he stated there will be park improvements; they must have € recreational amenities, and they will probably have picnic tables, and possibly a basketball hoop_ Taylor asked Wilson where the floodplain is in the north. Wilson said this property is an the corner, the dashed line on the map is the flood plain going north to south, and goes through the center of both properties. ! No one else wished to speak and the public hearing was closed. KaiisT)eit C: , Plannina Board ,�Ainu[es of the meeting of iviarch K. '_005 MOTION Hinchey moved and Taylor seconded to adopt Staff Report KA-05-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be R-3, Urban Single Family Residential, on approximately 10 acres upon annexation to the City of Kalispell. BOARD DISCUSSION There was no discussion. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Hinchey moved and Taylor seconded to adopt Staff Report KPP-05-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary � plat for Cottonwood Park be approved subject to the 20 listed 3 conditions, with the exception of Condition 9(e). BOARD DISCUSSION There was no discussion. ROLL CALL The motion passed unanimously on a roll call vote. LONE PINE DEVELOPMENT A request by Lone Pine Development, LLC for an initial INITIAL ZONING UPON zoning designation of R-2, Single Family Residential with a ANNEXATION REQUEST Planned Unit Development overlay, upon annexation of 1 approximately 23 acres to the City of Kalispell. LONE PINE SUBDIVISION A request for preliminary plat approval of Lone Pine PRELIMINARY PLAT Subdivision, an 81 lot subdivision on approximately 23 3 REQUEST acres. STAFF REPORTS KA-05- Narda Wilson, with the Tri-City Planning Office, gave a ` 3JKPUD-05-1 AND KPP-05- presentation of Staff Reports KA-05-3, a request by Lone 2 Pine Development, LLC for an initial zoning designation of R- 2, Single Family Residential with a Planned Unit Development overlay, upon annexation of approximately 23 acres to the City of Kalispell and KPP-05-2, a request for Preliminary Plat approval of Lone Pine Subdivision, an 81 lot subdivision on approximately 23 acres. Wilson stated that the applicant is requesting an R-2 initial ? zoning with a PUD overlay upon annexation to the City; the property is located between Valley View Drive and Lone Pine State Park. She said it is south of Foys Lake, that Learn Lane borders it on the west and that the City limits are northeast at the old railroad tracks at 7th Avenue West and Meridian Road. She said it lies to the east of Sunnyside Subdivision, and is approximately 1/3 mile from the city limits and that the area has had sporadic development; it is currently county R-1 zoning. Wilson explained the soils in the area have problems, and that water percolates down through the soil and creates intermittent wet periods; there are also dense soil types that don't drain well. She said it is difficult Kalispell City Planning Board Minutes of the mectin- of'vlarch 8. 2005 to get a good septic system in without engineering it. Wilson explained the applicants want to extend water and sewer from Meridian. Road to the site, and the map shows access off of Valley View Drive, specifically to access the subdivision, and that public works may loop the water from Sunnyside to connect there for fire flows. Wilson said that up to four dwelling units per acre would be allowed; the preliminary plat on 23.16 acres shows a mix of housing with 25 detached single family homes on the southern tier, and 56 townhouse lots. She said it will be developed in two phases, with Phase 1 to the east and Phase 2 to the west; Phase 1 will be 12 townhouses and 10 single farnily lots, and Phase 2 will be 44 townhouses and 16 single family lots. She said the phases may not materialize, and it may be more economical if it is done as one phase. Wilson said that secondary fire access will be a problem even in Phase 1 because of the road length; it exceeds the 600 feet maximum. She said that Learn Lane can be used as secondary access if they pave all the moray down to it, but it needs to be designated and coordinated with the fire department. She said the interior common area is proposed on the low-lying area in the flood plain; it is a perennial creek in the north. She said that staff is requiring backing up the lots to the common area to provide more open space. She said the orientation of the sublots is idiosyncratic, with shared driveways that are internal to the lots; the townhouses face each other, with a small private drive that the owners will be responsible for maintaining. She said this is a deviation from zoning and subdivision regulations, but that some townhouses at the north end of Buffalo Commons. are set up this way. Wilson stated that there are issues with the 100 year flood plain, which rums through the site, and it is problematic for a couple of reasons. She said it doesn't look like a flood plain related to a creek, but to intermittent high ground water; the drainage connects with Ashley Creek to the east of the site, but it is probably not accurate to say it is part of the Ashley Creek drainage. She said the area is just west a detailed study, and the base flood elevation on this side of the railroad tracks has not been established, but the east side elevation is 2929 feet. She said the elevation is at 2940 at the upper tier of the project. She stated there is a condition that the flood plain must be addressed and that the applicant must get a letter of map amendment from FEMA and / or a detailed study must be done. She said a number of the lots are in the non -detailed study area of the flood plain right now. Wilson explained that there will be a new road off of Valley View Drive to the east, which is a County road with a fairly Kalispell Citu Planning Board Minutes of the meeting of March S. 2005 new asphalt overlay that was done within the last three or four years and it is in good condition; there are no curbs, gutters or sidewalks, and it is now starting to get more traffic because of development to the east, and the connection that now exists in South Meadows. Wilson stated that the new i road will be built to City standards, and all roads in the subdivision will be built to City standards, and there are no variances other than the access standards for the internal driveways to access the townhouses. She said there must be E a maintenance agreement for the internal driveways and the open space in their covenants. Wilson said the parkland dedication for the subdivision is 11 % of the area in lots, which is 15.18 acres, which would require 1.67 acres of parkland. She said the developer has set aside 6.84 acres of open space with walling trails and an interconnected I network within the park area; amenities need to be built as well. Wilson finished by stating; that staff is recommending the initial zoning of this project be R-2 with a PUD overlay upon annexation to the City, subject to the listed conditions, and recommending approval of the preliminary plat subject to the listed conditions. I QUESTIONS BY THE Taylor asked Wilson if there was anything that fronts on Foys BOARD Lake immediately north of this development. Wilson said some of the lots are contiguously owned and are not developed. Taylor asked about the floodplain. Wilson, stated that Ashley Creek and a lot of the floodplain is to the northeast, and that properties to the east are not subject to the water problems and the soil problems that this property is. She said the whole area on the south side of Foys Lake Road drains to a culvert under Valley View Drive, and is not part of the Ashley Creek drainage, and there are underground streams through the area. Taylor asked if the floo plain issue could be resolved first, before the Board takes action on the project. Wilson said it is not practical to do that first, and there is a i lot of work and money associated with a floodplain study, and the developers must have a map revision before they can ,I plat the lots. She said there is a process which will take I several months, and they must hire an engineer to work with FEMA to resolve it. Hull asked how this property can be annexed if it is not I contiguous to the City. j Kalispell Cite Planning Board Minutes of the aneetin, of March 8.-005 i Wilson, said there is nothing in the statutes that says it has to be contiguous and the city council recently decided it is 3 not practical to only annex contiguous land and they changed the City's policy. I PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Mark Liechti, Schwartz Engineering, stated that they have no issues with any of the conditions. He showed a new map of the subdivision and stated they have added an easement for the secondary access to Learn Lane; they also changed the I reap to show an existing easemex nt by Lots 16A and 16B. He said that FEMA has hired two firms, and they have prepared I a revised flood plain map, which is substantially changed from the old map; this shows the flood plain ending on the other side of Valley View Drive, and most of the area is now I outside of the flood plain. He stated that as for the layout proposed, they like to have the lots accessed that way so that backyards face each other rather than side yards, and it is a good layout that people Like. He stated that internal access will be provided to Lone Pine State Park. i Jan Wassink, 2570 Airport Road, stated he has been working with this property since 1978, and they originally wanted to develop it in the county until the City changed its policies. He said they felt it could be developed best in the City, with the amenities and Lone Pine, and market it to a broader segment_ He said they envision a nice subdivision, and it is something they will be proud of. 1 Norton asked about the loop road and if they considered another access onto Learn Lane. Liechti said that Learn Lane is a one lane road, and it is not a good access point for this subdivision; it makes more sense to use an improved road, and it is better for accessing Foys Lake Road because you can see both ways. He stated that DOT did not want a separate access onto Foys Lake Road_ Wassink also stated that an access to Learn Lane would have more impact on the neighbors and they wanted to avoid that. I ' i PUBLIC COMMENT Ron Miller, 200 Valley View Drive, asked if there will be a fence on the southern boundary of the park east and west or if the residences will have unlimited access to the park. He said there are currently two accesses to the park, one at I Learn Lane to the south, and asked if the residents will be required to use that entrance. He said that between Lots 31 1 and 32 has park space designated on the map, and wanted 1 E to know if it is a trail head. Wilson answered it was. Kaiispeil City Planning Board Minutes of the meeting of ivfarett 8_ 2005 Robert Morse, 301 Learn. Lane, stated he is bordered on the north and east by this property and explained that Learn. Lane is only paved for the first 20 feet on the end, and it is a dirt road the rest of the way up. He said that utility poles go directly down the center of the road easement, and everyone uses the west side of the road easement. He said there are two issues with the groundwater; what floods this property is groundwater coming off the hill from numerous springs and well heads. He said the water develops above and does not come from Bibler's Creek and that Learn Lane was underwater for two weeks after the flood of 1996. He then read his prepared statement (attached hereto and made a part hereof). Mary Curry, 869 Foys Lake Road, asked where the sewer line will run, and if it would run under Ashley Creek. She stated she lives north of this project on two acres, and that most of the townhouses will be in front of her view. She requested privacy fencing between the development and the existing properties. Frances Flanigan, 849 Foys Lake Road, stated his property adjoins the townhouses on the back side, and that he needed to install an engineered septic system; there is a lot of clay in the area and the only way these people can come in is with sewer. He said Learn Lane has the water problems, and it has nothing to do with Ashley Creek_ He stated they are surveying for the bypass now, and they are looking at more traffic coming onto Foys Lake Road. He said the access into the subdivision will be good, but going out will be difficult because of traffic speeds on Foys Lake Road. He said there will be certain spots with drainage problems, but the development is mapped out pretty well. Michael Blend, 104 West Bluegrass, stated it is a really nice plan, and he likes the townhouse lets with the shared driveways, which gives it a nicer street front. He said they are not looking at affordable townhouses here, but the builder is very meticulous and quality oriented and any water issues Will be taken care of and done right. He stated the parkland is really nice with the access to Lone Pine, and City services will address the water problem,; he understands the concerns of the neighbors, but this will not generate as much traffic as one might think. He said that the bypass will give it really nice access, and this subdivision has a lot going for it. Taylor asked Blend what happens when we have a wet season and there is mold all over the bottom of the house, or you dig and hit water 12 inches down. Is there a way to engineer getting around the drainage problems and the ground water problems? Kalispell City Planning Board 4linutes of the meetinz of Margin S. 005 ,. -- 1. ..C- i Blend said there are engineering fixes; it is a development issue, you take out the bad soil and put in good soil, and use a soil engineer who has methods of dealing with the bad soils, He said it is a matter of engineering, design and construction. i John Schwartz, 1.234 Three Mile Drive, stated that he does not envy the planning board's position because they are dictating what the City has for sale over the next 10-20 years. He said they should value design and construction along with density and layout and they have been trying to 1 design walkable subdivisions, and separate pedestrians and j vehicles. He said this project has a greater amount of open space than is respired to create a wildlife and pedestrian corridor. He said as for the water issue, the building code ( has a criteria if ground water may be encountered, and the F building inspectors should be requiring and checking for that. He said with proper design practices, adequate provisions are in place to deal with groundwater. No one else wished to speak and the public hearing was closed.. MOTION Taylor moved and Schutt seconded to adopt Staff Report KA- 05-3 J KPUD-05-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning on approximately 23 acres be R-2, Single Family Residential with a Planned Unit Development overlay upon annexation to the City of Kalispell. BOARD DISCUSSION j Hull stated that this area is ripe for development, and it is an excellent place for it; the density is a little spooky, but that is the developer's problem. He said we should have a 60 foot easement onto Learn lane and the road system must be continued. MOTION -- CONDITION 24 Hull moved and Norton seconded that a 60 foot easement onto Learn Lane be included. BOARD DISCUSSION There was no discussion. ROLL CALL -- CONDITION Condition 24 passed unanimously on a roll call vote. ' 24 FURTHER DISCUSSION Schutt stated this is a very good layout; the ratio of the lots j is such that the developer can vary placement, the backs of lots look at open spaces, and he likes the idea of T driveways, because it is better street frontage than garages marching E down the street. He asked Wilson if this is the first domino in a series of hoops; she agreed there is a lot more to be done and the real work will be done after this is approved. E i Schutt read the condition dealin with landsca e buffers for Kalispell City Planning Board Minutes of'the meetina oY Ntareh _ 2005 the benefit of the audience. MOTION - CONDITION 25 Schutt moved and Hinchey seconded include a condition that approach permits be obtained onto the applicable county roads. ROLL CALL - CONDITION Condition 25 passed unanimously on a roll call vote. 25 ROLL CALL - MAIN The main motion passed unanimously on a roll call vote. MOTION MOTION - PRELIMINARY Schutt moved and Taylor seconded to adopt Staff Report PLAT KPP-05-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for Lone Pine Subdivision be approved subject to the 23 listed conditions and the two new conditions. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS i There was no old business. NEW BUSINESS There is a joint work session with the city council set for Monday, March 14 with the folloxving items to be addressed: cash in lieu of parkland, lighting (at the end), sign regulations, redevelopment incentives, sidewalks and bike/pedestrian access, and the growth policy update (expansion of potential utility service area, urban boundaries, planned areas, Stillwater Forest Products site, Two Rivers amendment, nonconforming sites, City airport, affordable housing). Wilson said there are 12 applications for next month including Courthouse East and Three Mile Drive. She suggested there be two meetings in April. E Wilson said that three board appointments are expiring at i the end of April. Wilson gave an update on the new Kalispell planning office. She said that building and planning will be combined, Torn Jentz will be the director, and they will stay in the same office until July 2006_ She also said a code enforcement officer position has been created. It was decided to hold a workshop on the Two Rivers Amendment in the first week of April and forward their ( i recommendations to the county commissioners. Kalispell City Planning Board Minutes of the rneetin2 o 'March & 7005 n 1, ADJOURNMENT The meeting was adjourned at approximately 11:15 p.m. The next meeting of the Kalispell City Planning Board and Zoning j Commission will, be held on Tuesday, April 12, 2005. George Taylor President Judi Funk Recording Secretary APPROVED as submitted/corrected: / /05 Kalispell C'it-, Planning Board 'Aiilutes of the meting of MaTC11 8. 2005