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Planning Board Minutes - April 12, 2005KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 12, 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, Rick Hull, Kari Gabriel, Jahn Hinchey and Bryan Schutt. Jean j Johnson was absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 25 people in the audience. APPROVAL OF MINUTES � Hinchey moved and Taylor seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission i regular meeting of March 8, 2005. The motion passed unanimously on a voice vote. HEAR THE PUBLIC No one wished to speak. CENTRAL BIBLE CHURCH A request by Central Bible Church for a conditional use CONDITIONAL USE PERMIT permit to allow the construction of a storage building on the REQUEST south side of the church building in an R-4, Two Family Residential zone in the City of Kalispell. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a ; KCU-05-4 presentation of Staff Report KCU-05-4, a request by Central Bible Church for a conditional use permit to allow the construction of a storage building on the south side of the church building in an R--4, Two Family Residential zone. Wilson showed a vicinity map which identified the location of the property. She said this is on the west side of lst Avenue East; it is a minor addition to the church, but the church is required to get a CUP because it is in a residential area. She said the addition will be on the south side of the building, j and it will be used for storage purposes; it will be a 720 square foot wood frame structure. Wilson stated the project will not change the access or generate more need for parking; 'there will be minimal impacts to the neighborhood, and it is 3 consistent with the existing church use. i Wilson finished by stating that staff recommends adoption of the staff report, and that the Board recommend the City € Council grant the CUP subject to the five listed conditions. i QUESTIONS BY THE Taylor stated for the record that Condition 3 requires the BOARD E 1 [ church to use colors and siding to match the gymnasium. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. Kaiispeil Cite Planning Board .Minutes of the meeting (if April 12. 2€ 05 n___ o ,o APPLICANT/AGENCIES Jim Nordtome, 295 Grandview Drive, representing the 1 church stated that the gym is very cramped; they are hoping to move some of the tables and chairs into the storage i building, and that is the reason for the addition. When asked about a completion date, he stated they will take it to the ! E i City Council in May if it passes tonight, and it will hopefully be done by summer. Hinchey asked how close to the Hope House the addition will be. I Nordtome answered it is 33 feet from the edge of the addition to the edge of Hope House. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION j Norton moved and Hinchey seconded to adopt Staff Report KCU-05-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit be granted to Central Bible Church for the construction of a storage building. BOARD DISCUSSION Norton stated that he is not a member of the church, but his daughter does attend one of the programs, and he has been inside the building and understands their need for more I storage. I Schutt stated this seems to be relatively simple and is in good taste. I 3 Taylor stated it will serve a very valuable purpose. ROLL CALL The motion passed unanimously on a roll call vote. BIRK INITIAL ZONING A request by Tim Birk and Roy and Carol Stanley for an , UPON ANNEXATION initial zoning designation of R-3 on approximately 51 acres REQUEST upon annexation to the City of Kalispell. SPRING CREEK ESTATES A request for preliminary plat approval of Spring Creek i PRELIMINARY PLAT Estates, a 171 lot subdivision on approximately 51 acres. REQUEST STAFF REPORTS KA-05-4 Narda Wilson, with the Tri-City Planning Office, gave a AND KPP-05-3 presentation of Staff Reports KA-05-4, a request by Tim Birk and Roy and Carol Stanley for an initial zoning designation of R-3 on approximately 51 acres upon annexation to the city of Kalispell, and KPP-05-3, a request for preliminary plat approval of Spring Creek Estates, a 171 lot subdivision. Wilson displayed the plat snap and explained that this property is located on the south side of Three Mile Drive and east of Farm to Market Road, right next to the city limits to the east, the Aspen Creek subdivision is to the east and Blue Kalispell Ciry Planning Hoard Minutes of the meeting of April 12, 2005 Heron is to the north.. She said this is another 50 acre parcel that was used for agricultural purposes, and this was purchased to build the subdivision, Wilson explained that the ap-plicants are reauestiniz an initial zoninQ designation of R-3, Single Family Residential, and that all of the lots are intended for single family homes. Wilson stated that the layout shows two accesses onto Three Mile Drive at the east and west ends of the subdivision, and that the access to the east was moved to serve Aspen Creek and provide better internal circulation. She said the west access lines up with the Mountain Vista subdivision to the north and the BPA transmission line easement lies to the west of the property, which is a good reason to put the park in the northwest corner of the subdivision; the developer wants to improve the two acre park and turn it over to the City for public use. Wilson explained that one of the appealing design features is that the interior lots are accessed via a 20 foot alley, and that the developer is requiring access from the alley, there will be no street access to the interior lots. She said the outer tiers of lots will be accessed from the street, and there will be clear,: curb lines along the street frontage. Wilson said that there is a 20 foot wide bike and pedestrian path along Three Mile Drive, which will continue the path started to the east. There are accesses through to the south and west to provide for future extension of the roadways to build a grid street system. She said this is a straightforward subdivision without a PUD or townhouses; it will be on City water and sewer, there are no topographical challenges, no surface water or high ground water, and no buildings to be removed. She said the area is gently rolling hills and the parkland dedication is 2.19 acres, with additional cash -in - lieu -of money being used to develop the park, which will be open to the public. Wilson stated that if the developer does decide to keep it as a homeowners' park, some provision would need to be made for its maintenance by the homeowner's association. Wilson suggested that an additional condition be added that states "a note be placed on the plat and in the covenants that requires access from the alleys for those lots that have alley access and there will be no curb cuts or access frortz the street for those lots with alleys." She said the developer would like the City to take over maintenance of the alleys as part of the road maintenance system; she feels this is a better design for the subdivision from a planning standpoint, and the City should provide an incentive by being willing to take over the alley maintenance. She said there will be a slightly higher cost for the City, but not taking over the alleys provides a disincentive for these kinds of designs. Kalispell City Planning Hoard Minutes of the meeting of April 12, 20€ 5 Page 3 of IS QUESTIONS BY THE Taylor asked if the alleys would serve the same purpose, for BOARD I example garbage pickup_ Wilson said Evergreen Disposal would serve this area for the first five years, and it would be up to there as to homer they wanted garbage handled. She said the alleys in town. are 16 or 20 feet wide, and these will be 20 feet wide with underground utilities. Norton asked about the comments from the Site Review Committee, specifically that City garbage trucks would not collect garbage from the alleys. He said we don't know whether Evergreen will pick up frown the alley or the street. He asked why the committee wanted the lots numbered from 1-174 instead of a block and lot number system. Wilson said this is from the building department and it is done so there is no confusion about what lot is being talked Ci- 11l ..I1 en 111 y 4olile Jll 1V1 IJ UlII.Fllt �,i1.11111 Lam. Norton asked about the crowning of the alleys and if there will be two concrete gutters down the sides. Wilson said that they will be crowned so the water runs off, and does not pool in the center; there will be no gutters in the alleys. Schutt clarified that the park is approximately 1.4 acres under what is required and that it roughly satisfies about 2/3 of the park requirements, but that it is not under a PUD. Taylor asked how close the BPA lines are to the western boundary. Wilson said they are very close, they border on the northwest corner of the property, just a stone's throw from the west boundary. Gabriel asked about the alley dedication to the City and who would plow the alleys if they are not accepted. Wilson said the dedication will be up to the city council. If they are accepted by the City, the City will plow them, and if they are kept private, a homeowners' association must be established to contract for the plowing in winter. She said her personal opinion is for the City to accept ownership. Schutt reiterated that Wilson's opinion is that the City should take over the alleys, but they did not make that recommendation in the staff report. Kalispell City Planning Beard Minutes of the ineeting of Argil 12. 2005 PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Jeff Larson, 128 Tamarack Woods Lane, Larson Engineering, stated that Wilson did a great job on the staff report, and E they wanted to create a different type of design with this subdivision; more like a traditional city, but they did put some curves in to make it appealing. He said they tried to put the larger lots on the outside, and they would like the park to be a City park, because it is close to the highway where there is development going on, and close to the bike path. He said the park is centrally located, and there will be development going to the wrest of this. He said they moved the Aspen Creek approach for a better design and a better location. He also stated they would like to see the City take over the alleys. He stated the project will be phased, so all the impact won't hit at one time. Taylor stated that Three Mile will eventually be widened to cover increased traffic, and asked if there is enough right of way at the northern boundary to allow that. Larson said the Three Mile Drive right of way is pretty large, and there is lots of length in those northern lots; they could move them down with no problem. He stated the right of way should be sufficient, but they could still move them about 1000 square feet and design them differently. Wilson said the right of way is about 120 feet wide at that area, enough for three lanes. Schutt said this is a much better looking project than some that have come before the board, and he likes the alley layout; it is a cost increase, why did they do it? Larson said they wanted to do a different design, and the developer was okay with the cost; it is nice to have different looking areas. He said the phasing will make it work. Tim Birk, 2239 Lower Valley Road, stated that the aesthetics are enhanced with alleys, with utilities and garbage separate. He said driveways eat a lot of green space and boulevards for trees. He said it is about 25% more to put in alleys, and utilities must be put in differently; this is a much better design and is more traditional. In response to a question, he said the water and sewer mains will be in the streets, and the electric and telephone utilities will be in the alleys. He said since they are bringing water and sewer connections onto the site under the sidewalks, the rest can be in the alley, which solves a lot of utility problems. Kalispell City Plannine Board .Minutes of the meeting of April 12. 2005 Schutt commented that some of these lots are large enough to be zoned R-2 and asked why the R-3 zoning was requested. i Larsen stated they requested R-3 for the alleys, and that R-2 € would not permit the alleys because of the lot sizes. i Hinchey commended the developer for his traditional layout and asked about the purpose of the cul-de-sac near the park. Larsen stated it is almost a 90 degree turnaround for a fire E truck, but it is also a nice drop off area for the park. Taylor said there is a project in Missoula getting a lot of' resistance because they are eight units to an acre, and this is 3.3 units to an acre; he thinks this is a good plan. PUBLIC COMMENT Pati Heath, 160 Aspen Loop, stated she just recently purchased her property, which is at the south edge of this c prof ect, and itis a one;, acre trap.a.xzu._Pc.,u her lot will have four other lots butting hers the way this is set up. She said she knew the area would be developed, but she did not expect four lots at the back of hers. She said she feels the overall project is good, but the density is too high. She said there is a 10 foot landscape buffer already shown on the plat along there, which is not very much, and there is lots of wildlife in the buffer, she asked if the park area could be moved down or possibly enlarge the lot sizes and the i landscape buffer. She said she is concerned about four houses batting up against her property. Matt Martin, 180 Aspen. Loop, stated they should not have to 3 look at $150,000 homes from their $300,000 homes. He said he wants an additional park along the buffer, and they would meet the park requirements then. He feels it would be 3 feasible if the developer redirected the roads in order to protect their high dollar lots. No one else wished to speak and the public hearing was closed. E MOTION Schutt moved and Norton seconded to adopt Staff Report KA- 05-4 as findings of fact and, based on these findings,' recommend to the Kalispell City Council that the initial zoning of approximately 51 acres be R-3 upon annexation to '. the city of Kalispell. i BOARD DISCUSSION Norton stated that the size of the lots with the alleys should he taken into consideration for the zoning. He said the lots per acre are minimal and are consistent with the area; the overall design layout is much more appealing. He feels the density is an excellent tradeoff from garages on the street. Kalispell City Planning Board Minutes of the meeting of April 12. 2005 Schutt stated he takes seriously the underparking of the subdivision, but on balance, we are getting something for that. He can understand why the developer is not doing the i full 11% of the lots for a park. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Norton moved and Hinchey seconded to adopt Staff Report j KPP-05-3 as findings of fact and, based on these findings, ; 1 J recommend to the Kalispell City Council that the preliminary plat for Spring Creek Estates be approved subject to the 19 . listed conditions and the additional condition regarding the alleys. BOARD DISCUSSION Taylor asked what the buffer was between the southernl properties and these lots. Wilson said it is a 10 feet landscape buffer with a 20 foot Hull stated that this development is the best he has seen since he has been on the Board because it is exactly what we want -- it has grid streets, access to the neighboring subdivisions, and alleys. Hinchey stated that this is a well thought out plan, and he appreciates the traditional nature of it. He asked if the 10 I 3 i foot buffer only extends to those southem lots and why. Wilson said these other very large paxcels to the south will probably be developed in the future, and that Aspen Knoll warrants buffering, but undeveloped property does not. ! E Hinchey said he is troubled by the lack of parkland and that 2 acres of parkland is not enough. MOTION - CONDITION 20 Hinchey moved and Taylor seconded that Lots 1 and 2 be E included in the park land. i BOARD DISCUSSION Hull stated the park is a real amenity as it is; the developer has gone a long way toward doing what we want, and he does not think they should penalize the developer for doing a good job. Hinchey said it is not intended as a penalty, and he just wanted to get the discussion going. � Taylor asked Wilson about the park issue. Wilson said there was a lot of discussion about the parr, and j that gettinR mart of the requirement in cashprovides an Kalispell City Planning Board Minutes of the meeting of April 12. 7-005 opportunity to develop the park by landscaping and irrigating. She said if it was strictly a land donation., it would be an unimproved piece of property until the money was available to improve it - if the City was willing to accept it that way. ROLL CALL -- CONDITION The motion failed on a 2-4 vote. 20 FURTHER DISCUSSION Hinchey asked how they could recommend to the City Council to accept maintenance of the alleys. Wilson said they could amend Condition 9 to add that the I alleys be accepted by the City for ownership and ; maintenance. MOTION - AMEND Hinchey ;roved and Taylor seconded amending Condition 9 CONDITION 9 to add that the City accept the alleys for ownership and maintenance. FURTHER DISCUSSION Gabriel asked if we have done this before and if public works would be okay with it. Wilson said we have not done this before because we haven't seen anything with alleys; public works may not want the additional maintenance, but the question is does the Council want to accept the responsibility for it. Whitefish routinely accepts alleys and undertakes maintenance. E Norton stated if we want to encourage good development, we have to step up and do it. It is a small cost for what we are gaining. ROLL CALL - AMENDED The motion passed unanimously on a roll call vote. CONDITION 9 ROLL CALL - MAIN The main motion passed unanimously on a roll call vote. MOTION VALLEY VENTURES A request by Valley Ventures, LLC for an initial zoning INITIAL ZONING UPON ' designation of RA-1 with a PUD overlay of approximately 2.5 ANNEXATION REQUEST j acres upon annexation to the City of Kalispell. GRANARY RIDGE A request for preliminary plat approval of Granary Ridge TOWNHOMES Townhomes, a 16 lot townhouse development. PRELIMINARY PLAT APPROVAL REQUEST STAFF REPORTS KA-05-5/ � Narda Wilson, with the Tri-City Planning Office, gave a KPUD-OS-2 AND XPP-OS-4 ! presentation of Staff Reports KA-05-5/KPUD-05-2, a request j by Valley Ventures, LLC for an initial zoning designation. of, RA-1 with a PUD overlay of approximately 2.3 acres upon annexation, and KPP-05-4, a preliminary plat approval for i j Granary Ridge Townhomes, a 16 lot subdivision. I Kalispell City Planning Bf)ara Minutes of the meeting oY ?.prii 12, 1005 Wilson said that the applicants are proposing annexation and initial zoning of RA-1 with a PUD overlay on approximately 2.5 acres in order to build eight 2-unit townhouses; the property is located on the east side of Whitefish Stage Road, directly across from the Buffalo Stage Professional Center. She said the property directly to the south, owned by George Schultz, is zoned City RA-3, as is Village Plaza further to the south; the properties on the west side of Whitefish Stage are all in the City limits, as are the properties to the east. She said this property sits on a bluff overlooking Village Greens Golf Course, and they are three undeveloped lots put together for this project; the annexation request is to obtain City sewer and they will be on the Evergreen water system. Wilson said the top access lines up with Bruyer Way, and there will be a private loop road access system with single story two unit townhouses looking over the bluff, there are 10 townhouses on the bluff, and six located between the internal access road and Whitefish Stage Road. She noted there is a 10 foot right of way reservation. along Whitefish Stage Road, with berming and landscaping to create a buffer between the townhouses and Whitefish Stage Road. There is a pedestrian path along the west side of Whitefish Stage, with a CTEP trail through Lawrence Park and to Buffalo bill Golf Course, but there is no space available on the east side, with the exception of possibly being able to connect this property and the property to the south, but staff did not recommend it in the conditions. Wilson explained that access to the property is a 24 foot wide road with two foot curb and gutter; staff is recommending that the property be zoned R-4, Two Family Residential, which would reduce the rear yard setback from 20 feet to 10 feet; the developer could shift the units over 10 feet and therefore include a five foot boulevard and sidewalk along the east boundary of the roadway, to provide a pedestrian access internal to the subdivision. She said this project is subject to parkland dedication, or 0.2343 acres of parkland, so the developer would like to pay cash in lieu of $10,500, Wilson said the Kalispell Growth Policy designates this area as Urban Residential, and this development complies with that designation; most of the properties in the area are actually zoned at a higher density than what they are developed at. She stated that she finds this project appealing because these are suitable lots for residential development, instead of offices or multi -family; she feels it provides a good balance, with a good fit in the neighborhood, not too much density, and good access. She stated it creates a mini neighborhood in and of itself. i aospeil Cst-v [Tanning Board Minutes of the meeting of April 12. 1-005 se,.,_n 11 ..� t f Wilson finished by stating that the staff recommends zoning of R-4, with a PUD overlay, upon annexation, subject to conditions, and also recommends adoption of the preliminary plat subject to the listed conditions. QUESTIONS BY THE Taylor asked about the aesthetics of the properties facing BOARD Whitefish Stage, and if they will be the backs of the townhouses. Wilson said yes, along with landscaping and berming for . I buffering. Hinchey asked about the sidewalk along the private roadway. j Wilson said it is not on the map, but it is listed as Condition 6 in the staff report. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Bruce Lutz, Landscape Architect, introduced his team and stated he wanted to reemphasize that the zoning is , consistent with the area; he said a cluster development was the best way to approach this site and that a townhouse development was the best way to do this. He said they are single family attached dwellings and that the units include two different kinds of two unit combinations; there are two bedroom units and three bedroom units, laid out to take advantage of the view to the east. He said they went with a PUD for flexibility in the setbacks, with a gain on the north end that abuts a single family residence. He said the loop road is less than 600 feet long, and is an internal driveway; they did not want any on street parking, and there are more than two parking spaces per unit, with two parking spaces in E front of the garages, and there is good parking without parking on the street. He stated they moved the access to the north over to line up with Bruyer Way, and the access to the € south was pushed further south; the 10 foot right of way for future road expansion also created a berm and will be E planted. He said the mailbox cluster will be located at the j southern end of the site, and a landscape buffer with a pathway that can cross to the CTEP path will be located on the north end. Lutz stated they are requesting a change on the internal sidewalk request, stating it would be more advantageous to locate it on the west side of the road, because there are not as many intrusions like driveways; it would operate better as a pedestrian way on the west side. He said the units only occupy 28% of the area, and the roadway and landscaping occupies the rest; the density is about 6.7 units per acre and the range is 3-12 units 2er acre for Urban Residential. He Kalispell City Planning Board Minutes of the meeting of April 112005 said there may be some slope stability concerns on the east boundary, but they will get a geotech engineer to do extensive research; the highway department will become involved with the accesses onto Whitefish Stage. He stated the internal road will be maintained as a private driveway at a high level and they are open to adding additional landscaping on the north end for more buffering. Taylor asked if there are off-street parking spaces. Lutz said there are four on the west side and six on the east side. Schutt asked about the differences in the layout between the units on the east and west sides of the project. Lutz stated they wanted to maximize the views to the east, and they are close to the permitted setbacks; they wanted to side load the units to the west to create an additional buffer for the interior environment. He said one of the units is shallower so it fit better on the east side. Schutt asked if they could have done four lots on the east side of the project instead of five to create a larger road radius. Lutz stated they could have, but it is a premium view there and they want to take advantage of it. Hinchey asked if the mature trees on the east boundary are on the property and if they will have to be moved. Lutz said they are not on the property, and there will be a landscape easement for the Schultz's so that they can do some enhancements to the slope. Paul Wacholtz, 183 Fairway Boulevard, stated that there is a void in the marketplace and they wanted to address it. He said there is a large market for townhouses, because empty nesters, newly married couples, and snow birds want them instead of single family houses. He stated the single family townhome units are becoming popular for affordable housing, and clusters are important to keep people together. He stated this project addresses a marketplace need and there is a strong demand for this product. PUBLIC COMMENT I Proponents: Marcia Siblerud, 234 Fourth Street West, real estate agent, stated the quality of this construction company is very good, the majority of the properties like this are located close to the bypass, and she feels this is the highest and best use of this Kalispell CRY [Tanning Beard Minutes of the meeting or April i 2. ?005 property. Holly Jean Larson, 852 5th Avenue WN, stated that she is doing the design and colorizing on the project, and she has received a number of calls from people who are interested in the project because of the one level living and the private driveways. She said this will be a safe community for women, that the Valley is growing, and we can't get away from it. Opponents: Norton stated for the record that three letters in opposition to the project were received. John. Rodwick, 1465 Whitefish Stage Road, stated there are serious concerns with the view; it is a wall of trees, there is serious slumpage of the bluff where the trees are caving in. He said the footprint is heavy on the east side of the bluff, and the traffic congestion is terrible on Whitefish Stage, so it is not easy to get in and out, and this is too high density for this piece of land. Susan Storfa, 1373 Whitefish Stage Road, said she wrote a letter and she owns the property immediately north of this development. She stated she does not like the density, and asked that they consider requiring a sidewalk across Whitefish Stage because children walk there and there is no access for pedestrians. She said that her driveway and Bruyer compete for access to Whitefish Stage, and she would like a stop light for children's safety; she has been asking for a crosswalk so the kids can cross the road and some kind of traffic control is needed. She also stated she would like a landscaping berm equivalent to what Buffalo Commons has next to her property, that is, a transition area at least 20 feet wide. She asked who will maintain all of this landscaping. She said the homeowner's association of Buffalo Commons is also concerned because of the Bruyer Way access. Holly Hand, 1465 Whitefish Stage, stated she is opposing the density and the environmental impact of this project, and she is the one who brought up the bluff slumping; an increase in weight will increase the water run off and severe erosion that occurs in the woods. She said there is no view, just dense woods, and this is located right across from the elementary school; unless the development is limited to Seniors, there will be young families, and where are the children going to cross Whitefish Stage? She said the closest crosswalk is to the north by Mission Way and there has never been a crosswalk close to the school. The project will add more children and cars, and a lot of traffic coming and going. She said the woods are a gateway for wildlife, and we are adding density where it does not belong. She asked who is gearing the develo ment in the city and county.. and urged Kalispell City Planning Board Minutes of the meeting of April 12. 2005 the Board to oppose this project. George Schultz, 1377 Whitefish Stage, said he's not opposed but asked what was going to happen with sewer and storm water. Brett Wolcheck, 48 North Engineering, Whitefish, stated the water will be tied into the main on Whitefish Stage, and the sewer will be addressed one of two ways, depending on Public Works. He said the stormwater management is being looked at, but they will keep it away from the north side; current sloughing of the bluff is taking place because of excess storm water runoff from existing roofs and parking lots to the north, not this property. He said there are many options, and they will be working with Public Works to address them. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt Staff Report KA- 05-5/KPUD-05-2 as findings of fact and recommend to the Kalispell City Council that the initial zoning designation on approximately 2.5 acres be R-4 with a PUD overlay upon annexation to the City of Kalispell subject to the listed conditions in the PUD. DISCUSSION Hull stated that this project seems shoehorned in here; this is in stark opposition to the last project shown. He said there will be one wall of garages, there are no sidewalks, there is a problem with slumping, this is a private road with no right of way, and it could look bad quickly if the covenants were not strictly enforced. He said he would have trouble voting in favor of it. Schutt asked Wilson what the difference was between the RA-1 zone and the R-4 zone. Wilson stated the RA-1 zone allows multi -families as a conditionally permitted use and the R-4 allows duplexes as a permitted use. She said the setbacks are slightly larger in the RA-1, with 10 feet on the side rather than five feet, and 20 feet rather than 10 feet in the back. She said the density is the same in the RA-1 and R-4, and both require 6000 square feet lot sizes. Schutt stated he likes the setbacks and the layout on the west side of the road, but they are shoehorned in on the east side; he would not put buildings on the ridge line all in a row. He stated one of the units should be moved to the west side. Kalispell City Planning Board Minutes of the meeting of April 12, 2005 Page 13 of 18 Hinchey stated his concerns echo what has already been said. Gabriel said she likes the project and the concept, but she would like it better with four units on the east side; she understands the concerns about the crosswalk and the school, and asked how a sidewalk on the west side and a crosswalk could be installed. Wilson said there is a condition that requires the developer coordinate with DOT on a crosswalk, and it would be up to DOT ultimately. Norton said he is an advocate of cluster development, and he understands maximizing the views with five homes on the bluff. He said the slump is an engineer's department, not the Board's, and considering what else is in the area, he is for this project. He stated they are making a nice development with what they have. Gabriel stated she knows the reputation of the builders, and it will not be ill -maintained. The builders will not let it fall apart. Schutt asked Wilson about pushing the east side units back for a sidewalk. Wilson said Condition 6 requires a sidewalk on the west boundary of the access road. She said that staff would not have a problem with the sidewalk changing sides. Taylor said the Planning Beard does not have jurisdiction over stop signs, but suggested the police be contacted for a traffic study; this is not an issue for the Planning Board to address. He stated he shares the views already expressed regarding the affordability and high quality of this project, and this will serve those ends, but he is bothered by five units on the east side. The plan seems to be so exercised that there is not much the Board could do other than take out one of the units, but he does not have the engineering expertise to do that. He said it is a trade off between quality, affordability, and density, and he would come down on the side of affordability and quality. Hull asked Wilson about adding a geotechnical study. Wilson said it could be a condition. MOTION - CONDITION 23 ! Hull moved and Taylor seconded Condition 23 be added that there be a geotechnical study of the slope prior to the issuance of a building permit. Kaiispell City Planning Board Minutes at the meeting of April 12, 2005 1 � i DISCUSSION Schutt said it is a reasonable requirement to put in, and you can make it work, but his objection is to the density rather than the sloughing. ROLL CALL - AMENDMENT The amendment passed unanimously on a roll call vote. ROLL CALL - MAIN The main motion passed 5-1 on a roll call vote. E MOTION MOTION Norton moved and Gabriel seconded to adopt Staff Report KPP-05-4 as findings of fact and recommend to the Kalispell City Council that the: preliminary plat approval for Granary i Ridge Townhomes be approved subject to the listed conditions with Condition 6 amended and Condition 23 added. BOARD DISCUSSION There was no discussion. ROLL CALL The motion tied 3-3 on a roll call vote with Gabriel, Taylor and Norton voting for and Hull, Schutt and Hinchey voting i against. DISCUSSION There was discussion about how to handle the split vote. Wilson said it could go on to the City Council on the 3-3 vote. Another option is for the Board to amend the plat. I Schutt said he does not want to redesign the project. MOTION Hull moved and Taylor seconded that 14 units instead of 16 units be built, with only four units on the east boundary. DISCUSSION Norton stated we should not be subdesigning this project [ and it should be sent on to Council as is. I Taylor stated this could solve the density issues they are ? E j having, and this is still a quality development. 3 Hinchey said he is comfortable with sending it on to Council as It is. i ROLL CALL -- AMENDMENT The motion tied 3-3 on a roll call vote with Taylor, Hull and i Hinchey voting for and Norton, Schutt and Gabriel voting against. CITY OF KALISPELL A request by the City of Kalispell for a zoning text ZONING TEXT amendment to develop lighting standards that would apply AMENDMENT REQUEST E to residential and commercial properties in the City limits. i STAFF REPORT XZTA-05-3 Narda Wilson. with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-05-3, a request by the City of Kalispell to develop lighting standards that would apply to residential and commercial properties in the City limits. Kalispell City Planning Board Minutes of the meeting of April 12. 2005 Wilson stated that the Planning Board undertook this at the request of the City Council and citizen groups' concerns . aboUL UIC 11gnUl1g SLc11C1aXUZS IUI U01111IICIC:Iat and reside1141d1 developments. She said the Planning Board did a lot of work on this issue, with the goal of protecting the night sky, reducing trespass light, and benefiting the overall quality of life in the community; this issue has raised everyone's awareness. She stated that these are new standards, and that staff is recommending the lighting standards attached as Exhibit A be included in the Kalispell Zoning Ordinance. QUESTIONS BY THE Schutt commented that lumens is the amount of light at the BOARD fixture, and footcandles is the amount of light a distance away. PUBLIC HEARING The public hearing was opened to those who wished to speak I 1 on the issue. APPLICANTSJAGENCIES No comments. PUBLIC COMMENT ' Mark Paulson, 1045 3rd Avenue West, president of the Big Sky Astronomy Club, thanked the staff and the Board for their efforts to product this ordinance. He said he has seen a lot of changes in the valley, and he has a special interest in this matter, but there are many reasons to have an ordinance like this. He said the issue has come to the forefront in the last few years and light pollution and glare is ; prominent and widespread now; his group decided not to press for an ordinance, but they did want to promote quality lighting. They wanted to promote positive lighting to developers as opposed to forcing someone to do something and they developed a Quality Lighting Award to give to businesses who do this on their own. He said they embraced the efforts of the Planning Board and City Council to install a workable ordinance to accomplish Dark Sky goals and not be too intrusive. He said this is a complete and comprehensive first draft and praised Wilson for her work. He said for too long Montana has been the Big Sky Country only in the daytime and it should be so at night as well. { Bob Gembolis, 1980 Pine Grove Lane, stated he wanted to emphasize the part about glare; it is difficult to see at night. He said that glare and safety are very important, and you cannot see when a light is shining in your eyes. Jackie Keyser, 545 2nd Avenue East, stated that there is no mounting height limit on fixtures on residential units on I homes. She stated that No. 14 on the old draft should be edited to sav "mounting height of fixtures in residential areas should not exceed 10 feet". (new draft No. 13) She also stated she was afraid that this is not going to be enforced, and we Kalispeil Cite Planning Board Minutes ofthe meetina Qr Anril 12, 2005 ., rr — IA.,i I should be proactive and not reactive and should be educating people as to ghat they need to do. She said that all light is cumulative, and she would, like to see an education process before the six month period is over. Bruce Ruby, 105 Spring Creek Road, Somers, asked how the public will know there is an ordinance should this pass, and stated that he is all for it. Russ Lucas, 117 Sunburst Court, stated he has the same bias because he is in the astronomy club, but it is a matter of aesthetics too and it is a wonderful thing to see stars. He said we have lost stars here and we have the technology to block the bad light for our telescopes, but that does not help our eyes. He said you need to see the beauty that is above you. He stated the City should not demand that businesses comply, but use a cost and safety standpoint; it is cheaper to use good lighting. No one else wished to speak and the public hearing was closed. MOTION Schutt moved and Hinchey seconded to adopt Staff Report KZTA-05-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that lighting standards be included in the Kalispell Zoning Ordinance. BOARD DISCUSSION Taylor asked about the suggestion that residential height restrictions be addressed.. Norton said he feels it has been addressed and it has already been covered. Schutt stated that using the standards of footcandles at the property line, he feels the height is okay as long as the neighbors aren't bothered. Hinchey said enforcement is tricky and the clearer you make it the better off you are. Taylor suggested going with what we have, and amending it as necessary later. Schutt asked Wilson about the enforcement of nuisance neighborhood lights. Wilson said they will use spot complaints with residential areas and deal with those fires, but that commercial, multifamily and multi -family developments will be reviewed as part of the site development re,�r.ew process. Wilson noted a list needs to be made of the businesses that Kalispeil City Planning Beard Minutes of the meeting of Aprit 12. 2005 are noncompliant now and they will be formally notified of j the new regulations. Norton suggested placing a notice in the community newsletter and that the Big Sky Astronomy Club notify the newspapers, etc. that this has passed. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. i ADJOURNMENT ? The meeting was adjourned at approximately 10:15 p.m. A special meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, April 19, 2005. George Taylor Judi Funk President Recording Secretary APPROVED as submitted/corrected: / /05 Kalispeil C'itv 1?lannine Board Minutes of the meeting of April 17, 2005