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.
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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.
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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.
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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, .
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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
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have. He said they plan to make exterior changes and to fix
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the odd roof line; they will repaint the building and will make
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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,
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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.
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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
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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
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2 zone which would not be permitted in the B-1.
Kalispell Cite Planning Board
,Minutes of the meeun4 of,.larch & 20W
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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
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the listed conditions.
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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.
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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.
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1 Wilson put up a site map and stated that the property is on
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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
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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