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Planning Board Minutes - June 21, 2005KALISPELL CITY PLANNING BOARD_ & ZONING COMMISSION MINUTES OF SPECIAL MEETING JUNE 21, 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, Timothy Norton, John Hinchey, Bob Albert and Bryan Schutt_ Rick Hull arrived at 7:07. Karl Gabriel was absent. Narda Wilson represented the.'. Tri-City Planning Office. There were approximately 38 people in the audience. Taylor stated for the record that a quorum was present and welcomed Bob Albert to the Board. HEAR THE PUBLIC ; No one wished to speak. BLUE HERON PHASE 2A A request for preliminary plat approval of Blue Heron Estates PRELIMINARY PLAT Phase 2A, located north of Three Mile Drive and west of APPROVAL REQUEST Stillwater Road, which would convert four single family lots to four two -unit townhouse lots. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KPP-05-8 presentation of Staff Report KPP-05-8, a request for preliminary plat approval of Blue Heron Estates Phase 2A, located north of Three Mile Drive and west of Stillwater Road, which would convert four single family lots to four two -unit townhouse lots. Wilson explained the project and stated that it is on the west side of the entrance road to Blue Heron Estates, and the CUP carve before the Board two months ago. She said the applicants wanted to convert five single family lots to five two -unit townhouses, and the City Council limited it to four lots. The applicants needed to create the preliminary plat and deeded sublots for the townhouses as a condition of approval. She said that Lot 1 was previously included in the proposal, and the applicants could have limited any lot to a single family residence and chose four lot for townhouses. Wilson stated the zoning is R-2 and that Phases 1 and 2 have been final platted. Phase 3 at the northeast corner has not been filed yet. It will have a road aligning with Empire Estates. She said that Phase 3 will have a park area that will adjoin with Cottonwood Park to the east, and Phase 3 of that subdivision will have a bike and pedestrian path that will connect with a couvle of the lots in Blue Heron. She said the access is via an existing road, and water and sewer have been installed; the conditions are minimal, and all infrastructure is in place. Kalispell City Planning Board :Minutes of the special ineetinz of June 21. 2005 Wilson finished by recommending that the Board adopt the staff report and approve the preliminary plat subject to the four listed conditions. QUESTIONS BY THE 'There were no questions by the board. BOARD PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. .APPLICANT/AGENCIES Charles Lapp, 3230 Columbia Falls Stage Road, stated they have been worldrig on this project for about three years, and they are okay with the conditions; they are working with V Cottonwood Park to develop the park. PUBLIC COMMENT Michelle Nelson, 222 Blue Crest Drive, Blue Heron Estates, said they received notice for the CUSP, but did not realize that it included the two lots across from their home_ She said the map had eight lots highlighted, but not the lots across from them. She said she is concerned with Lot 4 and 26, and they I live in Lot 5; they would prefer two single family dwellings across the street instead of townhouses. She said they had no idea they were going to build townhouses when they purchased the property and she is concerned with the traffic and privacy; the idea of four- families looking into their front i windows concerns her. No one else wished to speak and the public hearing was i closed. NOTION Hinchey moved and Taylor seconded to adopt Staff Report KPP-05-8 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary J plat for Blue Heron Estates Phase 2A be approved subject to the four listed conditions. BOARD DISCUSSION 1 Hinehey asked Lapp if there was a reason he did not pick lots 23 and 24, and if it was because they were not quite as i large. Lapp said those lots dropped off into the flood plain, and the other lots were a good size for townhouses; they were purposely configured that way. He said they left one single [ family residence to break the townhouses up, and Flathead Search and Rescue is very close to the property, so they left the option open for townhouses. In response to a question, Lapp stated that he would be opposed to swapping Lot 1 for Lot 26, because it would push the house so far out that landscaping and berming would really crowd it, and it works well the way it is set up. Kalispell City Nammng hoard Minutes of the snecini rneetina of fiine ^i ?W)5 Taylor asked if there was room for some kind of vegetation barrier to help preserve privacy_ Lapp said that the street trees will offer privacy eventually and there are two in front of the lots on the north and south sides of the road. Schutt said that he heard the comment about changing the character of the neighborhood after people have purchased property, and he agrees. He said townhouses are popular and selling fast and we need performance standards for townhouse developments. ROLL CALL j The motion passed unanimously on a roll call vote with j Gabriel absent. MAPLE GROVE PLAZA A request by Maple Grove Plaza for an initial. zoning INITIAL. ZONING UPON designation of B-3 on approximately 0.482 of an acre upon ANNEXATION REQUEST annexation to the City of Kalispell. STAFF REPORT KA-05-9 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KA-05-9, a request by Cameron Gillette for an initial zoning designation of B-3 on approximately 0.482 of an acre upon annexation to the City of Kalispell. Wilson stated this is a request for annexation of one lot at the northeast corner of Washington Street and Eighth Ave EN. She said this is almost a 1/2 acre lot, and the property owners want to be annexed; there is a single family residence, mobile home and barn --like building on the lot, which will be removed for construction of an office/apartment building on the property. Wilson explained that B-3 is a Community Business zone, which allows a wide mix of uses, but no outdoor display of merchandise; it bumps up against residential zones in the area, but Idaho lies to the south along with intense commercial uses. The building will provide a nice transition between commercial to the south and residential to the north. She said the B-3 zone was chosen because it seemed to fit better with the proposal. There are existing utilities in the area and the building will be constructed to City standards. It complies with the Growth Policy because it is an expansion of an existing commercial area. Wilson stated that staff recommends that the board adopt the findings of fact and recommend to the Kalispell City Council that the property be zoned B-3 upon annexation to the City of Kalispell. Kalispell City Planning Board Minim-q nt rho tinprinl maPrina of Tfina %1 100i QUESTIONS BY THE Schutt asked what the substantive differences between the BOARD zones which allow residential and commercial were. Wilson explained that the different zones are B-1 f (Neighborhood Buffer), R-5 (Residential/Office), and RA-3 (Office/Apartment). She said that setbacks are different and the B--3 allows a broader range of uses. It allows retail and higher intensity uses related to services; the other zones don't. She said the B 3 zone was chosen because the setbacks accommodated the developers site plan and the way the building was oriented. She said this is a corner lot, with front and side corner setbacks and is nearly a perfect square; this zone accommodated the setbacks, parking, etc, and was E an extension of the existing B-3. E Schutt asked why the B-3 zone was chosen instead of a more transitional zone. I Wilson stated that the building design fits the setbacks of the E B-3 zone perfectly, with 10 feet in the rear, 15 on the side corner, and 5 feet on the side. Wilson said they looked at a mixed use, with offices on the bottom and three apartments on the top and staff felt it would be a good transition from the more intense uses to the south. She said the project will have perimeter landscaping, new sidewalks, good parking, and two accesses; the RA-3 zone did not fit as well and B-1 would crowd the rear setback and parking. Norton stated that their parking will be more versatile in the front with this zone, with a larger parking area. Wilson agreed, stating there is no latitude in how parking is calculated and the rear yard setback is the difference, and the B-2 zone would have been more intense. She said staff 11 did receive one letter of opposition from the Open Hearth Fireplace Shop which is included in the packet. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Cameron Gillette, 2555 Airport Road, representing Maple Grove Plaza, LLC stated that there are e�dsting trees in the area, and the accesses work with them. He said they won't be taking out any existing landscaping and the building will harmonize very well with the area, and is a good fit for the area. He said they spent a lot of time corning up with the right zone, and a lot of thought was put into it. PUBLIC COMMENT i No one wished to speak and the public hearing was closed. I IE aiispell City Planning Board MOTION Schutt moved and Norton seconded to adopt Staff Report KA- 05-9 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning of approximately 0.482 of an acre be B-3 upon annexation to the City of Kalispell. BOARD DISCUSSION Hull reminded the Board they were voting on the zoning, not the floor plan. I Schutt said that approving this project as a B-3 is approving a lot of permitted uses. He stated it is a good transition in the neighborhood, but the zoning may not take us in that [ direction. He said that R--5 looks more lenient with the setbacks, but has fewer permitted uses. Wilson said that the R-5 does not allow multi -family or accessory dwellings as a permitted use, and is not a good fit for what the owners propose for that reason. There was discussion regarding the merits of B-3 versus R-5 [ zoning. Hull stated that the only opposition to this project was from another business, not a residence, and their problem was 1 parking. Schutt stated that he feels the B-3 zone is not a transition. zone. In response to a comment from Norton, Wilson said there is a provision in the zoning regulations that requires a greenbelt between commercial and residential zoning, so there will be a landscape buffer to the north as a requirement, and the developer is aware of that. ROLL CALL The motion passed 5-1 on a roll call vote with voting in opposition. E MARQUARDT GPRR, LLC A request by Dawn Marquardt c& GPRR, LLC for an initial INITIAL ZONING UPON ; zoning designation of B-2 on approximately 1.82 acres upon ANNEXATION REQUEST annexation to the City of Kalispell. APPLEWAY BUSINESS A request for preliminary plat approval. of Appleway Business PARK PRELIMINARY PLAT Park, a six lot commercial subdivision. I APPROVAL REQUEST STAFF REPORTS KA-05-7 Narda Wilson, with the Tri-City Planning Office, gave a AND XPP-45-7 presentation of Staff Report KA-05-7, a request by Dawn Marquardt & GPRR, LLC for an initial zon.irag designation of B--2 on approximately 1.82 acres upon annexation to the City j of Kalispell, and KPP-05-7, a Preliminary Plat approval j request for Appleway Business Park, a six lot commercial I subdivision. Kalispeil City Panning Board Wilson stated that this property is on the south side of Appleway Drive and crest of Meridian Road; the railroad tracks are to the south, and the Rails to Trails trail borders the southern boundary of the property. She said it is a small property, 1.32 acres, and there is currently a single family residence on it, it is currently in the county and zoned R-1, Suburban Residential. She said the property to the west was annexed and developed as multi -family recently, and the property to the north was annexed a while ago and multi- family dwellings are being built there. Wilson explained the Growth Policy designates this area as commercial, and the property is being proposed for subdivision into six lots for flexibility on how they are sold and developed in the fixture. Wilson went on to state that access will be from three shared accesses onto Appleway Drive. A frontage road was discussed with the owners but would not accomplish much and there is too much paving involved. She said that Appleway Drive is designated as a collector; it takes traffic off of Hwy 2 onto i Meridian. Road, and the intersection of Appleway Drive and Meridian Road can be a problem during peak times. She said there should be improvements made to that intersection, but it would not be the responsibility of this developer to do that. Staff is recommending that a note be placed on the plat. which waives protest to the creation of an SID in the fixture. She said that Appleway Drive is a dilemma because it is a collector, and takes non local traffic; it does not seem fair to make the property owners along that road fix it. Wilson said that staff is recommending the development of a sidewalk along Appleway, a continuation of the sidewalk to the west. Although there is no curb and gutter, the sidewalk would be built in the right of way, with landscaping coordinated with the Parks Department. Wilson dn.ished by stating that staff is making two recommendations, one for approving the B-2 zoning and one 1 for approving the preliminary plat. QUESTIONS BY THE Morton asked about the four plea project to the merest and if BOARD there is an access to Rails to Trails; Wilsonn said there is via a gate. Hinchey asked about the drainage issues. Wilson said some of the drainage issues that could occur are related to the development to the west, that Public Works is aware of the issues, and they will work together on a solution. She said there are issues associated with the property to the west, but we will help them work through the drainage problem, Kaiispeil City, P!annine Board 1 PUBLIC HEARING The public hearing was opened to those who wished to speak 1 on the issue. 1 APPLICANTS/AGENCIES Dawn Marquardt, 285 Ist Avenue EN, one of the owners of the project, said they were looking for land to put a new office on, and wanted a small piece of property. She said this was the right property for what they were looking for; they are surrounded by B-2 zoning and they want to come into the City. She said that the heavy rains hit when they I purchased the property, and some of the drainage to the west is running onto the lot; they will work with the contractor to the west because the drainage was not supposed to be running in that direction according to the consultant. She said the location of the house dictated the access, and it seemed to work for this property. In response to a question, she said the old house will stay. PUBLIC COMMENT Harvey Sterner, 284 Dairy Drive, representing his mother who lives at 10 Appleway Drive directly to the north of this property asked the developer what will be going in, what kind of businesses will be there, and what would be allowed in the B-2 zone. He said he was wondering about the kind of traffic that would be there and that his mother still lives across the street in a single family residence and he is concerned about j how this development will effect her. He said he has some problems with the apartments being built next door. Wilson stated she would be willing to meet with Mr. Sterner about this proposal and pointed out that the property Mrs. Sterner lives on is also zoned City B-2 and has not been, developed yet; she would be willing to help Mrs. Sterner with her property as well. No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Taylor seconded to adopt Staff Report KA-05-7 as findings of fact and recommend to the Kalispell City Council that the initial zoning designation on approximately 1.82 acres be B-2 upon annexation to the City of Kalispell. DISCUSSION There was no discussion. ROLL CALL The motion passed unanimously on a roll call, vote. MOTION Schutt moved and Hinchey seconded to adopt Staff Report I KPP-05-7 as findings of fact and recommend to the Kalispell City Council that the preliminary plat approval for Appleway 1 Business Park be approved subject to the listed conditions. �Kalispeil City Planning Hoard DISCUSSION ? There was no discussion. ROLL CALL The motion passed unanimously on a roll call vote with Gabriel absent. MONTANA VENTURE A request by Montana Venture Partners, LLC for an initial PARTNERS, LLC INITIAL zoning designation. of I-1, Light Industrial, on approximately ZONING REQUEST 55 acres located east of Rocky Cliff Drive and Highway 93 South. STAFF REPORT KA-05-11 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KA-05-11, a request by Montana Venture Partners, LLC for an initial zoning designation. of I-1 on approximately 55 acres located east of Rocky Cliff Drive and Highway 93 South. Wilson stated that this property was annexed to the city on June 6, 2005 and is located 1.9 miles south of the current city limits, off of Rocky Cliff Drive, east of the Cenex fuel storage, and southeast of Ashley Creek. It is entirely out of the 100 year flood plain. She said the property owners got a Master Plan amendment from the County; the property was zoned County I-1, Light Industrial, and the preliminary plat was approved for a 55 acre subdivision with 16 lots, to be known as Old School Station. Wilson explained that the Kalispell City Manager talked with the developers about partnering with the City for a business/ industrial park. She said she has been working with the developers to assign an appropriate zoning designation.. Wilson said the property was annexed on June 6 by the City Council without a zoning designation, and that is not the typical process. There may not have been adequate consideration given to legal issues relating to the zoning, and growth policy for the area. She said this is out beyond the growth policy boundary and potential utility service area by about a mile and there is no growth policy land use designation in the area.. As a result the master plan amendment, the Flathead County Master Plan designates the property as Industrial. But the Light Industrial for the county is different than, the City's designation. She said the County designation much broader that the City's designation since it does not include retail, office or lighter service uses. Wilson said that currently there are issues with the provision of public services to the property, since the sewer and water are approximately 2 miles away; the property lies on an unpaved road. She stated the property owners intend do some paving to the site along Snowline Drive and Dernersville Road and to connect to sewer that would be extended at the developer's e�Tense. She said the character of the area is a mix of industrial{commercial uses, the river is to the east, Kulisvell C tv Plannine Board there is limited residential to the north and east, to the south is commercial and some residential. She said there is a lot of ' floodplai.n in the area and the surrounding zoning is a mix of E large tract agricultural to the east, unzoned property to the south. She said there; is a mix of uses towards the floodplain to the north, mostly rural residential and agricultural, and E very intense commercial and industrial uses to the west along the Hwy 93 corridor. She said the intent of the Council was to provide facilities and create a tax base and jobs, and 3 provide an opportunity for redevelopment of the Hwy 93 corridor with the extension of utilities. Wilson finished by stating that staff is recommending the + I Kalispell City Planning Board and Zoning Commission adopt staff report #KA-05-11 as findings of fact and forward a j recommendation to Kalispell City Council that consideration j i be given to the issue that this property is currently outside the Kalispell Growth Policy 2020 boundaries and anticipated potential utility service area. As part of a comprehensive review, this property should be considered to be included as part the Kalispell Growth Policy 2020 and the Potential Utility Service Area Boundary as well as the Kalispell Future Land Use Map. Based upon previous actions by the Kalispell City Council and the Flathead County Board of Commissioners, it would appear that the most appropriate zoning for this property would be B-5, Commercial / Industrial, because of the close association of the uses between the City B-5 and the County I--1 zoning." i QUESTIONS BY THE 'Taylor confirmed that staff is recommending B-5 and not I-1, BOARD and that the 13-5 includes office uses. 1 Wilson gave Taylor a copy of the Flathead County Zoning Regulations and stated she really did not know hove else to evaluate the proposal. PUBLIC HEARING The public hearing was opened to those who wished to speak I € on the issue. .AP'PLICANTS/AGENCIES E Andy Miller, 175 East Many Lakes. Drive, stated that this was done very quickly and it was approved by the Flathead j County Commissioners and County Planning Board_ The City came to them and asked if thev would consider annexation to the City. He said then had had meetings with landowners about putting in sewer and water lines, but no one else wanted to connect. He said they wanted to make the conunitrnent and spend three million dollars to bring water and sewer to the property, and the City is considering a TIF district to help with the infrastructure. He said he and ? Kalispell City Plann= Board Nilson stated they tried to come up with the closest City zone to the County I-1. Taylor asked if they would agree to the B-5 zone, Miller said yes. Schutt asked why this process is moving so quickly. Miller said from his perspective, the hurry is to try to set a standard in Kalispell for Industrial/ Commercial properties, they are looking at building a distribution facility, and some other commitments, and they are trying to develop real infrastructure for upscale jobs and a good economy for the valley. He said the subdivision plat went through the county process, and all uses will be allowed in the City B-5 zone; they will not put in things that are incompatible with their project. Schutt asked what the City will get out of this deal. Miller said they are under pressure from people who are moving here to start businesses, and there are lots of things that make it difficult for Light Industry to come in. He said that industry wants public water and sewer. MDEQ's review of their septic system would be approved 6 to 8 months from now at a minimum, and his clients don't want to wait that long. He said that when the City eventually grows to the area, they will be able to tap into the severer line and they will get latecomer fees. He said they are investing in the future, not just today. Norton said he does not believe any animosity lies with the developers, but in how the project came before the Board. Paul Wachholtz, 133 Fairway Boulevard, stated that he needed 10 acres to relocate Fun Beverage, and he found this property. He said he needs to get these projects ahead of the people so that infrastructure is there, and the south corridor has been redesigned and redeveloped, and is in a hodgepodge fashion along the highway. He said they were approached by the City, and this was an opportunity to relocate major businesses; they started with the county because that is where they were. He said this is a great deal for the tax and job base and to protect the south corridor. He said the easement is there for sewer and water, and people need, to know where they can build, and nothing is available in Kalispell right now. In response to a comment, he said they were totally approved by the county, and there is not a single commercial business that does not ask about water and sewer. He said the lots will not be subdivided, and they chose the area for its access to the highway. for stated that he wondered why someone did not call the Kalispell CiiY Planning Board Board about this project and that they were marginalized. He feels we are shooting ourselves in the foot by not following ; the process. i Norton stated he would like to applaud them for extending I the services and that the City will benefit from their project. The process that was taken is the problem. 1 PUBLIC COMMENT Lorraine Reed, 705 Demersville Road, stated that she is here ; to find out what is going on. She said she is concerned for the neighborhood, and this project will be a big impact; she � lives less than a mile north of the project, and this will hugely impact the amount of traffic on that road. She said Mr. Wachholtz had said he will do some paving on Doinersville Road, and that the county opted for the 3 developers to pave Snowline Road instead. She said there will, be one mile of unpaved road to the north beyond this property. She also said she does not know what the B-5 alloys, and hopes that it is light industrial and not heavy industrial; the neighborhood was not very well notified because of the location of their properties. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt Staff Report KA- 05-11 as fi.ridings of fact and, based on these findings, recommend to the Kalispell City Council that the initial ' zoning designation on this property be B-5, Commercial. BOARD DISCUSSION Hull said he has no problem with the project, but he has concerns that it may lead to a bunch of strip development, and lots of stop lights along the highway. He said it might be a good thing and it may change the economy. Norton asked that this area be moved to the top of the work session agenda, because it will develop quickly. He also stated that just because the developer has the funds and a good plan., that was no reason to set aside legalities, traditions and proper procedure, and all projects should go through the proper channels. He said the Board could cut off ;I its nose to spite its face and table the issue to show the E Council they did not appreciate being marginalized, but that would not be in the best interest of the City and its citizens. Taylor stated he had met with the City Manager on work session items and they also discussed this project. and Mr. al Patrick was well aware of the fact that the Board was left out' of the loop on this; Taylor sincerely believes it was a one tirne incident and it won't happen again. He said he wants to talk about being roactive and not reactive on Growth Policv Kalispell City Planning Board items. Schutt stated he feels the zoning should be 1-1, and that the B-5 would be relatively loose, and if we want an industrial park there, we should zone it industrial. ! Wilson said the B-S is much less restrictive, and there is a greater latitude of uses in the B-5. She said that 1-1 would 1 not accommodate what the developers want to do and that the B-5 fits county I-1 closest. 1 i Schutt stated that the B-5 would let in a whole lot of uses that were not tied to this job -making opportunity. MOTION - AMENDMENT Schutt moved and Hinchey seconded that the zoning on this property be 1-1., Light Industrial, instead of B-5. FURTHER DISCUSSION Norton confirmed that Schutt feels the B-5 is too loose and wants it I-1 in order to restrict what is allowed there. Taylor said the synergy is already there, and the developers ` are not thinking about a taxidermist, etc; they already have their clients lined up. He said we don't know what it is, and we have to take it on faith, but he does not think we have to worry because the control is already there. He said that something should be said for the developers and their' reputations, and he does not feel they would be coming before the Board with the idea that just anything can go in - that park. Norton said there are only 27 different uses allowed in the B- 5, but the intent of the 1-1 also allows "adult -type" uses. He [ said we should leave it B-5 if it is going to work for the developer, and we should be stepping up to the plate and be j E willing to be lenient. Wilson stated in defense of Schutt, there is concern for a domino effect up and down the corridor, and once redevelopment starts, how will that look? She said that corridor standards will be important and it is imperative they 1� get done, but she is not changing her recommendation; it is appropriate for that project. ROLL CALL -- AMENDMENT The amended motion failed 3-3 on a roll vote, with Norton, Hinchey and Taylor voting against, and Schutt, Hull and ai Albert voting in favor. ROLL CALL -- ,MAIN The main motion passed unanimously on a roll call vote. MOTION i ! t ! Kalispell City Planning Board Minutes of the special meeting of June 21L 2005 WEST WOOD PARK PUD A request for a Planned Unit Development overlay on REQUEST property zoned RA-1 on approximately 8.97 acres to allow construction of a 33 lot residential subdivision. WEST WOOD PARK A request for preliminary plat approval of West Wood Park, a PRELIMINARY PLAT 33 lot residential subdivision located at the northern APPROVAL REQUEST terminus of Corporate Way between Two Mile Drive and Highway 2 West. STAFF REPORTS KPUD-05- Narda Wilson., with the 'T'ri.-City Planning Office, gave a 4 AND KPP-05-11 presentation of Staff Report KPUD-05-4, a request for a Planned Unit Development overlay on property zoned RA-1 on approximately 8.97 acres, and KPP-05-11, a Preliminary Plat approval request for West Wood Park, a 33 lot residential subdivision. Wilson explained the project and showed the site reap. She stated that Highway 2 is located to the south of the property, east is Gateway West Mall, Two Mile Drive is directly to the north, National Flood is at the north end of Corporate Drive, and the Kalispell Bypass corridor is to the west. She said the property is currently zoned RA-1, Low Density Residential Apartment, with a minimum lot size of 6000 square feet for the first duplex, and 3000 square feet for each additional unit beyond a duplex; single family residences and duplexes are permitted uses, and multi -family uses require a conditional use permit in the RA-1 zone. Wilson stated there are approximately nine acres, and there are 33 dwelling units proposed instead of 34; there will be one, two- and three unit townhouse dwellings. She said by going with a PUD, it allows flexibility in the three unit. townhouses, and a reduction in the setbacks in some locations in the development. She said the project consists of five three -unit townhouses, eight two -unit townhouses, and two single family dwellings on 9 acres and explained that the PUD allows multifamily uses without a CUP and a reduction: in setbacks in some areas down to 5 feet; the RA-1 zone requires 20 feet in the front, 20 feet in the rear, and 10 feet on the sides, but the PUD would allow some lots to be closer. She said the developer is proposing some side loaded garages which don't front the street on some lots to have smaller setbacks, but they still must provide a 20 foot parking area for vehicles; Lots 1, 3, and 27 would be closer to the right of way, bur they also would have side Ioaded garages. Wilson explained that there is a primary internal access road off of Corporate Drive, which is a loop road that exceeds the length of road that can exist without secondary emergency access. Because of that, there is a condition requiring a 20 foot wide secondary emergency access road at the north end Kalispell Cary Planning l3oard Minutes of the special meeting of June 21. 2005 of the property, which will also serve as a bike and pedestrian path. She said the property is bounded by Spring Creek to the east, which is a significant area, of the 100 vear flood plain, and there is also some flood moray that has not ,vet been determined. She said that portions of the secondary emergency access road and the internal access road are in the 100 year flood plain, but that looks more like design than necessity; the staff is recommending that the roadway be reconfigured to the west to get it out of the flood plain, and relocate the emergency access to avoid the flood plain; that would leave a small portion of the emergency access road within the flood plain, which would have to be filled and graded. She said there would be a diminishing of the common area, but staff feels it is a design component, and preservation of the 100 year flood plain is the important thing; it could result in loss of some lots, but a roadway in the flood plain is unacceptable. She said staff also has concerns about the secondary emergency access, because the existing culvert would need to be replaced — the neighbors are worried about flooding. She said that Corporate Drive to the south empties onto Highway 2 West; this project will generate limited additional traffic, but not over what is anticipated for the road. There is City water and sewer close to Spring Creek, and the mains will be extended within the subdivision. Wilson stated that some of the parkland and common area is in the flood plain, and the common areas would be owned and maintained by the homeowners association; there is adequate common area, but staff would like to see some recreational amenities and a park area developed, and not just passive common area. Wilson finished by stating the density would be 3.7 dwellings per acre; this is in a high density residential zone, and so it is at the lower end of the density scale. She said this will be a single phase development, with storm water retention on site, and fire protection and police provided; there will be some additional children in the school district. There is a condition for a 10 foot landscape buffer along the western boundary, not in the right of way. She also said there is an access road along the west boundary, which creates road frontage on two sides on some lots in Greenbrier, and this needs to be mitigated. Wilson said that staff recommends adoption of the staff report and recommend to the City Council that the PUD be granted subject to the listed conditions, minus Condition. 17 because it is a duplicate, and adoption of the Preliminary Plat subject to the listed conditions, also minus Condition 17. Kalispell City Planninz Board Minutes of the special meeting of June 21.1-005 QUESTIONS BY THE Schutt asked why a road can't be built in the flood plain. BOARD Wilson said the roadways have to be two feet above the base flood elevation for access, which would mean filling the .flood plain, and this looks more like a design issue than a necessity. She said the roads can be shifted, but we need to preserve the flood plain, and it is not necessary to build in the flood plain. The emergency access road would have the same requirement Hinchey asked why the secondary access is not up to full City standards. Wilson said that all of the lots are accessed internally, and the City does not need the full standards. Norton asked if two entrances to mitigate the effects of traffic could be developed. Wilson said the flood plain could be an issue, and a bQ feet road would be a huge expense to the developer. She said they are trying to create a village concept, and traffic from Two Mile Drive will cut through the subdivision if there is an entrance on both sides. A grid street system is a good goal, but the pros and cons weighed more on not putting it in. In response to a question from Hinchey, Wilson said there will be a barrier by the emergency access. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Craig Denman, 315 Fox Hollow, stated that his initial concept was for multi -family units, and at this point the townhouse market is very hot. He said he shifted to a .neighborhood plan, and his concept is to get houses closet- to the street and garages off the street, to encourage more social interaction. He said there will be a uniform landscaped and maintained community so residents can walk through it; the traffic is slower, the houses are closer, and there will be a sidewalk with a nice landscaped boulevard. He said the plan is to put a buffer in on the west with mounds and trees and to create social interaction with walkways and pathways and make it a community that enjoys each other. Hinchey asked how they would accommodate the road alignment. Denman said he does not see a significant problern in relocating the road, and they may be able to do it with a hammerhead. He said there are other ways to redesign the roast. Kalispell Cite Planning Hoard Minutes of the special meeting of June 21. 2005 Jim Burton, 1304 3rd Avenue East, stated that the purpose of the PUD is for flexibility. He said some of the parking extends to the right of way, and the sidewalks will be in a rneat-sdering fashion, so parking in the right of way won't be a problem; residents can also park on the City streets. He said the density is 3.7 units per acre, and they have looked at redesigning the loop road and the secondary access; they can work with it, but they will lose a minimum of 2-3 units. i Thor Jackola, 1120 Sunnyside Drive, stated that they are going to engage Jay Billmayer to study the flood plain. and E they would like to reserve the right to fill it if need be. He [ said the site map shows the current indicated flood plain. I PUBLIC COMMENT Opponents: i I Michael Britton, 490 Two Mile Drive, stated he has lived 1 there for 32 years, and he wanted to draw attention to the fact that there is a critical problem with the elevation of the road that crosses the creek to his property, and any changes will impact his road to his property. He said the culvert was choked up with limbs and ice when the pictures he submitted to the Board were taken, even though they tried to clear it; more structures will manipulate the flood plain, and the road elevation is critical for keeping his house out of I danger. i I Mark Drew, 152 Greenbriar Drive, stated he is speaking for ' several neighbors, and gave a short PowerPoint presentation.. He said they sent out a survey to all members of their homeowners association, and they wanted their interests and concerns known., which are summarized in his presentation. He said their three main concerns are the density of the project, the flood plain and water drainage in the area, and particularly the buffer between Greenbrier and this project. He also thanked the Board for all that they do. Joe Hickey, 147 Greenbrier, stated he lives by the 10 foot buffer and he wants an engineer to determine that their ! basements are not going to be flooded, and he is concerned about snowplowing and where the snow is going to be put. He said the road elevation will be higher than his back yard and the water will have nowhere to go but his yard. He said there are lots of basements with water issues as it is, and it is not designed well for snow removal and, they will have snow drifts in the buffer. Lucy Rude, 141 Greenbrier, stated she went to the first meeting at the Hampton Inn, and that her concern is being I able to look at the mountains; you can't stop development, but you should be able to tell you are in Montana. She said Kalispeil City Planning Board Minutes of the special meeting of June 21, 2005 the developer told her that she would still be able to see the mountains when this is developed and that this is an awfully big development for nine acres; it will be crowded and traffic will be bad. Coral File's daughter wanted to know what they are going to do when this property floods and to develop it with that in mind. Deanna Schroeder, 486 Two Mile Drive, manages the five apartment buildings on Two Mile, and said that they have a lawn that stays wet in the spring, and they have plumbing problems in the spring. She asked what the setback on Spring Creek is, and said she had traffic concerns. She agreed that we need some elbow room and we should not be compromised by money and development. Pastor Dawn Shure stated her crawlspace has already had water in it, and if she is getting water now, the water will run into her house if this gets developed and she finds that distressing. Kathy Britton, 490 Two Mile Drive, stated that all of Greenbriar is on a significant slope, and all the water will drain down the slope. She asked how well the retention ponds will work in the winter with snow cover when the snow melts and stated it looks like a problem to her. She said the developers have been great to work with to mitigate their concerns, and a road through to Two Mile, which has no sidewalks or shoulders, would be disastrous and would feed people out on a blind curve. Joe Hickey, 147 Greenbriar Drive, stated that he would like sidewalks and a shoulder for the emergency access road. Marilyn Gartner, 518 Corporate Drive, stated she is taking the 55 Alive Driving class and was asked to draw a picture of what her worst traffic area was, and she drew the intersection of Corporate Drive and Highway 2. She said that something should be done about that intersection and it is a bad place. Markie Sable, 153 Greenbriar, stated she is concerned about stagnant water and what health problems it could bring on. Bill Rice, 155 East Nicholas, stated that the Master Plan would allow a higher density with this project, and they wanted to do something a little different, they want to get away from all of the garages facing the street, and want some community interaction. He said there will be 16 feet between the back of the curb and the property line, and the water will be handled by engineers. Kalispell City Planning Board Minutes of'the special meeting of June 21. 1-005 Janet Elliot, 145 Greenbriar, stated that she moved from one area because townhouses were being built there, and now they are building townhouses by this house. She said she would also lose her back yard because of the road. No one else wished to speak and the public hearing was closed. MOTION i Taylor moved and Schutt seconded to adopt Staff Report 3 KPUD-05-4 as findings of fact and recommend to the Kalispell City Council that a Planned Unit Development overlay on approximately 5.97 acres zoned RA-1 be approved subject to the listed conditions. DISCUSSION Taylor stated that he is very concerned with the water problem and that we have not heard. any answers as to how it can be abated. He said there is more work that has to be done with the water, and as for the density, he is not sure we are violating the Growth Policy. He said the design is inviting, it is different and could work, but looks rather squeezed when you look closely; it all depends on the flood plain issue. He said that the buffer zone ties into the water issue, and we will not have enough information until the water issue is resolved. Hull said he is not too concerned about the water issues because of the approvals the developers must go through, but he does have an issue with stopping 400 feet short of Two Mile Drive without a proper City road; at the minimum he wants to see a 60 foot public easement even if they don't build it, or at least 30 feet on the west side in case that is developed. He said the unfinished road is not good policy for the future. Taylor stated he is also bothered by that, and wants to see some attempt at a solution; there should be more than one point of ingress and egress. Schutt said a connecting road through this subdivision would be a terrible idea, and through traffic from Two Mile will be a detriment. He said he likes the design of the layout, and it is not a cookie cutter design. He asked Wilson if it will be hooked up to the City storm water system. Wilson said there is no system, and storm water will need to be handled on site. She said an engineer would submit a plan to Public Works and they would review it. She said the current plan would have to be modified to a certain extent anyway because of the flood plain, but storm water can be channeled underground or through piping; that would come later after further analysis of the site. Kalispell City Planning Board Minutes of the special meeting of June 21. 2005 Hinchey stated he feels a connector to Two Mile Drive is really important, and there may be ways to mitigate the through traffic. He said that Hull had the right idea to at least keep the option open for a future connection, and some comments tonight are beyond our scope to do anything about. He said he feels the layout is very dense even at the low end, and he would rather see a couple less units, but he commended the developers on their design. He said he is also concerned with the water retention. Taylor also commended the developer and said it is an ingenious design and will serve its purpose; it is not cookie cutter, but we are sitting here tonight with not enough information. He stated he would like more answers and feels uneasy about passing this along to the City Council. Albert stated that he also has a water issue because he lives close to the area, and it will be a big concern unless there are alternatives on how to handle the water situation. Norton also commended the developer for the cluster development, and said he has no problem with the density; it does meet the guidelines in the Growth Policy, which is a living document and not every parcel is suited for that use. He said the developers are pushing the envelope with this design, and if they took it back and redesigned it then brought it back, it would be a good plan. He said he also shares the concerns with the storm water and road interconnectedness. He said the developers should look at the issues raised tonight and come up with a different design.. MOTION j Norton moved and Taylor seconded to table the request. FURTHER DISCUSSION I Schutt asked which questions we are requesting answers on. Taylor answered the density issue, engineer the storm water drainage, viability of a 30 foot easement from the adjoining property with a 60 foot easement from there, and the possibility of eliminating the westerly road approach and the floodplalin. Schutt stated that a road going straight through this subdivision will be a detriment to this neighborhood, even though we do want a grid street system. Hull stated that there will be further development along Corporate Drive, and he wants to see a grid system with impediments other than speed bumps. Norton said the bypass would eliminate a lot of through traffic. Kalispell Cihr Planning Board Minutes of the special meeting of June 21, 2005 Taylor said we are not disapproving the project if we vote to l table, but we are sending the message that we like the project but there is work that needs to be done before it is forwarded on. ROLL CALL The motion to table passed 5-1 on a roll call vote with Gabriel absent. OLD BUSINESS Norton stated that annual officer elections are coming up. NEW BUSINESS � i There was no new business. ADJOURNMENT The meeting was adjourned at approximately 1 1:30 p.m. The neat meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, July 12, 2005. i George Taylor President Judi Funk Recording Secretary APPROVED as submitted/corrected: / /05 Kalispell City Planning, Board Anutes of the scaeciai neetinZ of June 21. 2005