Planning Board Minutes - April 13, 2004KALISPELL CITY PLANNING BOARD & ZONING
MINUTES OF REGULAR MEETING
APRIL 13, 2004
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: Rick Hull, Jim Atkinson, George
Taylor, John Hinchey, Sue Ellyn Anderson, Jean Johnson
and Timothy Norton. Narda Wilson represented the Tri-City
Planning Office. There were approximately 50 people in the
audience.
APPROVAL OF MINUTES Norton moved and Anderson seconded to approve the
minutes of the Kalispell City Planning Board and Zoning
Commission regular meeting of March 9, 2004.
The motion passed unanimously on a vote by acclamation.
HEAR THE PUBLIC No one wished to speak.
LANCE/POSTEN INITIAL A request by Robert Lance and Kathryn Posten for an initial
ZONING UPON zoning designation of RA-1, Low Density Residential
ANNEXATION REQUEST Apartment on approximately 4,000 square feet located at the
end of Liberty Street upon annexation to the City of Kalispell.
STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a
KA-04-3 presentation of staff report KA-04-3, a request by Robert
Lance and Kathryn Posten for an initial zoning designation of
RA-1, Low Density Residential Apartment on an
approximately 30 by 150 foot strip of land approximately
4,000 square feet located at the end of Liberty Street upon
annexation to the City of Kalispell.
Wilson showed a vicinity map and explained that 30 feet of
Kinshella Avenue was abandoned; it reverted to the adjoining
parcel and was acquired by the petitioners, who want to
build a duplex on the property, which will be coming up for a
CUP next month. She said the zoning is currently County R-
1, and the applicants are asking for City RA-1 consistent
with the rest of the property to the east. The property is
south of Three Mile Drive, north of Two Mile Drive and west
of Meridian Road, at the end of Liberty Street, and we will be
annexing adjoining roadways in the future. She said the
property is just a few thousand square feet and the staff
report outlines all of the criteria and staff recommends
adoption of the staff report.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
APPLICANT/AGENCIES The applicants were not available.
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PUBLIC COMMENT No one wished to speak and the public hearing was closed.
MOTION Anderson moved and Hinchey seconded to adopt staff report
KA-04-3 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the zoning for
this property be RA-1, Low Density Residential Apartment,
upon annexation to the City of Kalispell.
BOARD DISCUSSION Atkinson asked if all of Kinshella Avenue was abandoned.
Wilson answered no, just the east 30 feet, so that owner
would not bear the burden of supplying the entire 60-foot
right of way. She said the other 30 feet would come from the
property to the west when it was developed, and that
Kinshella Avenue will still be a right of way, with the
potential to be a street.
ROLL CALL The motion passed unanimously on a roll call vote.
WILLIS/RILEY INITIAL A request by Debbie Willis and Richard and Patricia Riley for
ZONING UPON an initial zoning designation of R-4, Two Family Residential,
ANNEXATION REQUEST on approximately one and one-half acres located on the
north side of Sunnyside Drive near Denver Avenue upon
annexation to the City of Kalispell.
STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a
KA-04-4 presentation of staff report KA-04-4, a request by Debbie
Willis and Richard and Patricia Riley for an initial zoning
designation of R-4, Two Family Residential, on one and one-
half acres located on the north side of Sunnyside Drive near
Denver Avenue upon annexation to the City of Kalispell.
Wilson showed the vicinity map, and explained that the
property is about one and one-half acres and lies on the
north side of Sunnyside Drive and currently has a single
family home and small detached garage. She stated it is
currently zoned R-1 in the county and fronts on Ashley
Creek. There may be two additional lots created and will be
connected to City water and sewer. She said the purpose of
the annexation was to develop the property with utilities, and
the applicants have requested R-4 zoning. Wilson explained
the growth policy designates this area as urban residential
because it is close to utilities. She noted there will actually
be an exit from the Bypass onto Sunnyside, a collector, and
will be scheduled for upgrading at that time. When this
property is subdivided, there will be a single shared access to
lots created.
Wilson said staff recommends adoption of the staff report,
and zoning the property R-4 upon annexation.
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Minutes of the meeting of April 13, 2004
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PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
APPLICANTS/AGENCIES Debbie Willis, 400 Marco Bay Road, Somers, thanked the
Board and staff for their hard work and their commitment to
the community and for the board's consideration tonight.
PUBLIC COMMENT There were no comments in support of the zoning.
The following people spoke in opposition to the zoning
Mary Kruse, 1125 Sunnyside Drive, stated that 1 1/2 acres
is hard to split into three pieces, it is too close to Ashley
Creek, Sunnyside Drive is too congested, and the large
subdivisions just annexed are creating a problem.
Artie Adkins, Ashley Drive, stated that Sunnyside Drive is too
congested, that people in the subdivisions are using his
property as a playground, that there is no place to play for
the kids, and that dogs are using his property as a toilet.
John Baril, Ashley Drive, stated the ground in the area is
very unique, about 2/3 of it is in the flood plain, with lots of
animals and fish, and he would like to see it stay R-1.
Lila Kruckenberg, 1204 Sunnyside Drive, stated that they
don't want any more R-4 properties on Sunnyside Drive, that
it will be a feeder road to the bypass, but it already handles
too much traffic. She also said that notices were mailed on
this zone change, but that it has not always been the case in
the past, and she feels the City Council picks and chooses
who it sends notices to. She said the people voiced their
opinions to the City Council and were ignored, and she
wants the people to be heard.
Dulane Fulton, 1035 Ashley Drive, stated he owns the six
acres to the north that borders this property, and is
concerned that the land was originally set up in lots with
covenants, so there was only one building on the lot for
residential purposes, but you could have horses, cows and
dogs, but not pigs or chickens. He stated there is a game
trail right there, he watches the animals move from Lone
Pine to the river, and he wants to hold on to that way of life.
He said the road is congested now, their way of life is at risk,
and they want to keep their open space.
Cheryl Pierce, 1015 Ashley Drive, stated she lives right above
the development, and is concerned about three lots on 1 and
1/2 acre of land, and quoted the zoning ordinance. She
stated this is against the Kalispell zoning ordinance and the
Board has no idea of what is going on at that end of town.
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No one else wished to speak and the public hearing was
closed.
MOTION Atkinson moved and Norton seconded to adopt staff report
KA-04-4 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the initial
zoning for one and one-half acres located on the north side of
Sunnyside Drive near Denver Avenue be R-4, Two Family
Residential, upon annexation to the City of Kalispell.
BOARD DISCUSSION Taylor asked about the surrounding zoning.
Wilson stated it was County R-1 and City R-4.
Atkinson commented that the Ashley Creek Bridge would be
the first bridge owned by the City after the area is annexed.
Norton asked how big the lot was.
Wilson stated it was about an acre and a half.
Norton asked Wilson what the maximum number of lots are
in a minor subdivision.
Wilson answered five, so on a practical basis she could get
two more lots out of it, including the house already there.
Taylor asked Wilson where the property that Mr. Fulton
spoke about was.
Wilson answered it looks like Lot 14, with Ashley Creek
running to the east and the Pierce property to the west.
Taylor also asked about the status of Sunnyside Drive.
Wilson answered it would depend on the bypass timing, and
the City does not plan to widen Sunnyside yet, but the
County recently repaved it and improved it to Foys Lake
Road. She stated she was not sure what improvements
would be appropriate at this time.
Taylor asked about the irregular lot shape indicated on the
map, and what the property north of Sunnyside Drive was
zoned.
Wilson answered the is likely part of the public right of way,
that the subdivision was platted a very long time ago, and
the lot was created before the Subdivision and Platting Act;
there are no parcel boundaries, just a metes and bounds
description of the property and it was likely platted prior to
1972. She also stated all the property to the north is County
R-1.
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Norton asked if Sunnyside would tie in to the bypass.
Wilson said there was an exit at Sunnyside identified on the
bypass plan.
Norton answered some questions brought up during the
public hearing. He said an R-4 lot has to be 6,000 square
feet that dwellings have to meet size requirements, and that;
unfortunately, roads don't get improved until the need is
overwhelming and the funding is available. He said the Board
looks at health and safety issues, that roads and kids are an
issue, but four more lots is not going to create that much
more traffic.
Atkinson asked Wilson if all of the area is out of the flood
plain.
Wilson stated not all of it, but nothing will be built in the
100-year flood plain, and no fill work or encroachment will
be necessary.
Atkinson also asked what County R-1 related to in City
zoning, and questioned the covenants that Mr. Baril stated
were in the area.
Wilson stated County R-1 is one acre minimum with no
water or sewer available, with on -site septic and wells and it
can be found around the perimeter of the city. If the site is
right, it can allow for extra density where sewer was
previously not available, and allow for incremental
redevelopment when utilities are there. Wilson also said that
covenants should come up in a title report and she would be
surprised if there were restrictions on subdividing the
property. According to the plat, the area has previously been
subdivided.
Taylor stated that a recurring theme tonight has been
keeping County R-1 intact, and stated as a planning board,
we have the responsibility to do effective planning and depart
from what has been done in the past, which was either no
planning at all or haphazard planning. He then asked Wilson
why some of the lots are odd sized and there is obviously not
just one building on some of the lots.
Wilson stated that some of the odd lot sizes are along Ashley
Creek and a lot of flood plain area, and others could be
subdivisions, or easements. She said that section lines or
1/4 section lines may run through the property and it gets
two numbers in that case, and family transfers and
"occasional sales" all could create oddly sized lots.
Hinchey asked about the zoning east of 7th Avenue West,
and wouldn't R-3 zoning also allow three units to be built
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there?
Wilson answered it was all R-4 zoning, and part of the R-4 is
being able to create a duplex which you can't do in an R-3
zone, and the rezoning is for subdivision and resale
purposes.
Hull stated the area is very pastoral, but it is an obvious fill-
in area and the city butts up right against it.
Norton asked if a future buyer of a lot could do a subdivision
on this property.
Wilson answered yes, but it would be subject to major
subdivision review even if it created only one lot, because it
would be the second minor subdivision on that piece of
property.
ROLL CALL The motion passed on a roll call vote with Taylor and
Hinchey voting against.
NOLAN HOLDINGS, LLC A request by Nolan Holdings, LLC for an initial zoning
INITIAL ZONING UPON designation of R-5, Residential/Professional Office with a
ANNEXATION REQUEST Planned Unit Development overlay on 3.84 acres located on
the southwest corner of Four Mile Drive and Highway 93
North upon annexation to the City of Kalispell.
THE GREENERY A request for preliminary plat approval of The Greenery PUD,
PRELIMINARY PLAT a 10 lot mixed use subdivision on 3.84 acres with a zoning
APPROVAL REQUEST designation of R-5/PUD upon annexation to the City.
STAFF REPORTS KA-04-6, Narda Wilson, with the Tri-City Planning Office, gave staff
KPUD-04-3 AND KPP-04-4 reports KA-04-6 and KPUD-04-3, a request for an initial
zoning designation of R-5, Residential/Professional Office
with a Planned Unit Development overlay on 3.84 acres
located on the southwest corner of Four Mile Drive and
Highway 93 North upon annexation to the City of Kalispell
and KPP-04-4, a request for preliminary plat approval of a
10-lot mixed use subdivision on approximately 3.84 acres.
This subdivision would create six duplex townhouse lots and
four commercial sublots both with common area.
Wilson explained that the property is located at the
southwest corner of Four Mile Drive and Highway 93, and
was formerly known as The Greenery. She stated this is an
expanding urban area, with the Sunrise View subdivision to
the south, the KidSports complex to the north on a long-term
lease, with the Christian Center further to the south, and the
Community College to the northeast. She stated there is a
mix of single family and townhouses on the southeast corner
and that this property is entirely surrounded by the city, and
it was only a matter of time until it developed. Wilson
explained that the applicant had previously come before the
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Minutes of the meeting of April 13, 2004
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board and that there were concerns from the neighbors
about the potential for townhouses, so the developer delayed
action and worked with the neighbors. He changed their
plans to lower buildings and worked with the staff to address
concerns in the nonresidential component of the
development.
Wilson said that the applicant came up with the PUD zoning
overlay on the four acre parcel to address the mixed use
development with the proposed zone being R-5, Residential/
Professional Office, with medical/dental offices and duplex
and single family residential uses being the permitted uses.
Wilson explained there would be two components to the
project, that Four Mile Drive will have the commercial
component alongside it, and Parkway Drive will have the
residential component. She said there would be duplex
townhomes to the west, and the elevation of the commercial
section will be semi-subterrainian, not to exceed the height
of the existing Greenery building. The lower level will be
partly below grade, so the buildings won't interfere with
neighboring views.
Wilson explained the duplex townhomes would be higher on
the hilltop to the west, and also over the top of the buildings.
She said the topo lines vary on the property and there is a
good drop between where the houses are located to the south
and the commercial property. She said there would be 10
lots in the subdivision with six sublets for the duplex
townhouses, and four lots for the medical/dental offices. She
stated the road is already developed with curb and sidewalk
and there will be two accesses onto Four Mile Drive, and the
controlled intersection with Highway 93.
Wilson stated the zoning deviations are only to the side
corner setback along 93 with the eastern -most building; the
building will sit more north/south, and allow the northeast
corner to start at the property boundary, and gradually come
out to 18 feet, which would allow better use of parking and
back up space. In addition, she said a bike and pedestrian
trail is being developed along 93 with CTEP money, and the
developer would fill between the slope and the right of way to
allow relocation of the path further away from 93. He would
need to work with city on those plans.
Wilson said the other zoning deviation deals with signage;
there are two entrance signs shown on the site plan at Four
Mile Drive, for the parent tract and sublets, which would be
minimal signage and a minor deviation. As for the
surrounding land uses, the developer has attempted to
create a transition from strictly residential to a mixed -use
area. Wilson explained this will be a highly desirable place,
and the low level architectural design, residential
components, and the scale of the buildings should address
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Minutes of the meeting of April 13, 2004
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the neighborhood concerns. She said the height limit will be
22 feet from grade to the top of the building and parking
anticipates a mix of professional offices and medical office
uses, but they are limited to the number of medical uses
because the parking requirements are higher. Staff tried to
make the conditions as consistent as they could for
continuity between the preliminary plat and the PUD.
Wilson explained the conditions for the project plat and said
that drainage would need to be retained on site, there would
need to be significant landscaped areas, and that sidewalks
would need to be installed along Four Mile Drive within the
right of way, tie into the sidewalk on Parkway Drive, and
eventually run to the ball fields. She said that water and
sewer are already in Four Mile Drive and that main
extensions may be involved; the residential component is
subject to parkland dedication and, because of the parcel
size, will need to be met through cash in lieu of parkland.
Staff is recommending adoption of KA-04-6 and KPUD-04-3
as findings of fact and recommend to the Kalispell City
Council the property be zoned R-5 subject to the listed
conditions. Staff is also recommending adoption of KPP-04-4
to approve the Greenery Subdivision subject to the listed
conditions.
Wilson noted that she received four letters from the public
tonight and read them into the record, excerpted as follows:
The Storey Family Living Trust, 747 Parkway Drive, asked
that the six two -level townhouse buildings be changed to
one -level townhouse buildings to bring them into compliance
with the existing single family homes on the north side above
Parkway Drive above the Greenery so as not to block the view
of the north side of Parkway Drive.
Ralph Stettler, 741 Parkway Drive, wrote that he agrees to
the plans, but does not want two story condos on the west
end and asked that they be reduced to a single level.
Donald and Stella Wagner, Lot 8, Sunrise Estates, stated
they have no problems as it was described to them.
Beth and John Rader, Lot 4, stated that Mr. Beach has been
thoughtful, but they will have a compromised view to the
north and they request one-story structures.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
APPLICANTS/AGENCIES Norman Beach, managing partner of Nolan Holdings, LLC,
stated that he agreed with the staff report and spoke about
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the steps he has taken to make the neighbors happy. He
stated that MDOT will draft a letter stating that they are not
concerned with any encroachment onto the right of way with
regard to fill, and he wants to use the foundation of the
building as a retaining wall and use fill to fill the slope. He
plans to grade and slope the area to bring the bike path away
from the road and relocate it away from the highway. He
stated the signage was an oversight on his part and that he
hoped the neighbors would speak in favor of his proposal,
although he knows they have concerns with the townhouses.
He said it was an interesting piece of property, that it dips
down in a hole and comes back up, and Lots 1 and 2 could
not have their views preserved. In response to a question, he
stated that ingress and egress will be off of Four Mile Drive,
and that the buildings will be a story and a half with 20 feet
exposed; his overall goal was to work with the homeowners
to preserve their views and he feels he did that as well as he
could.
PUBLIC COMMENT There were no comments in support of the subdivision.
The following spoke in opposition to the subdivision
George Mumm, 735 Parkway Drive, Lot 5 of Sunrise View,
which immediately adjoins the proposed development, stated
that Sunrise is a unique subdivision, because of two factors:
it is in a good location and there are good views in one
direction. He explained how the covenants that were written
in 1997 limited heights, so that everyone could have a view.
Mumm said that the line of sight, looking over a professional
building, would be very different from what they have now;
right now they have a panoramic view because they are built
on a plateau, and there is quite a drop off where the
professional buildings are proposed, so there is no
interference with the view by the professional buildings, but
the townhouses would obstruct the view. He stated they
would like to limit the townhouses to one level structures, or
go back to the previous plan for strictly professional
buildings. In response to a question from Taylor, he stated
he was speaking for a loosely knit homeowners group.
Karen Michaels, 759 Parkway Drive, Lot 1, stated she is very
opposed to the townhouses, because there would be no view
and they would be crowded in, and there is not much room
for the townhouses. She stated it is very neat in the back,
with few campers or boats.
No one else wished to speak and the public hearing was
closed.
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MOTION Anderson moved and Norton seconded to adopt Staff Reports
KA-04-6 and KPUD-04-3 as findings of fact and, based on
these findings, recommend to the Kalispell City Council that
the initial zoning for 3.84 acres of land be R-S,
Residential/Professional Office, with a PUD overlay upon
annexation to the City of Kalispell, subject to the listed
conditions.
BOARD DISCUSSION Taylor asked where Parkway Drive was, and how the views
would be obstructed.
Wilson answered Parkway wraps around from the north to
the west and there are two tiers of homes on Parkway Drive,
so Lots 1 and 2 could potentially be blocked by the
townhomes.
Taylor asked what the plan was for Four Mile Drive
Wilson answered it will eventually be altered by going around
the hill with an access to the bypass.
Hull stated that this property was voted in favor before and it
was probably a worse layout.
Atkinson stated that public transportation has been involved
in the planning process just recently, although not on this
project. He said public transportation will probably need to
access this and it is a nice design, with good public
transportation access.
Norton thanked Beach for his hard work and his willingness
to make things acceptable to everyone. He said the
homeowner's concerns were noted, but that hearing the
underlying "not in my backyard" tone concerns him. He
stated that yes, view lots are valuable, but that a city is a
living organism and we cannot control the city's growth, only
guide it. He said he is not hearing a lot of praise or thanks
from the homeowners for Mr. Beach's willingness to work
with them.
Anderson reiterated what Norton said, and stated she
sympathized with the neighbors, but she does not feel losing
some view is a good reason to deny the project.
Taylor stated we were here for more than heath and safety
issues and are concerned with aesthetics as well. He stated
we need to have good planning; that Mr. Beach has made a
great effort to work with the neighbors, and there are other
amenities besides a view and this development's amenities
outweighs the diminished view of a few neighbors.
ROLL CALL The motion passed unanimously on a roll call vote.
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MOTION -- PRELIMINARY Norton moved and Anderson seconded to adopt Staff Report
PLAT KPP-04-4 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that preliminary
plat approval for a 10 lot mixed use subdivision be approved
for The Greenery subject to the listed conditions.
ROLL CALL The motion passed unanimously on a roll call vote.
JOHNSON INITIAL ZONING A request by Douglas Johnson for an initial zoning
UPON ANNEXATION designation of R-3, Single Family Residential with a Planned
REQUEST Unit Development overlay on 20 acres located on the south
side of Three Mile Drive, west of Stillwater Road upon
annexation to the City of Kalispell.
ASPEN CREEK A request for preliminary plat approval of Aspen Creek
SUBDIVISION Subdivision, an 80 lot mixed residential subdivision on 20
PRELIMINARY PLAT acres with a zoning designation of R-3/PUD upon annexation
APPROVAL REQUEST to the City.
STAFF REPORTS KA-04-5, Narda Wilson, with the Tri-City Planning Office, gave a
KPUD-04-2 AND KPP-04-3 presentation of Staff Reports KA-04-5 and KPUD-04-2, a
request for an initial zoning designation of R-3, Single Family
Residential with a Planned Unit Development overlay on 20
acres located on the south side of Three Mile Drive, west of
Stillwater Road upon annexation to the City of Kalispell, and
KPP-04-3, a request for preliminary plat approval of an 80-lot
mixed residential subdivision on approximately 20 acres.
Wilson showed a vicinity map and stated it was a broader
map of all the development in the area, that at some point it
will be interconnected with all of the development going on in
that area. She stated the Three Mile Drive and Stillwater
Road area is very active, with the bypass corridor to the east,
Blue Herron to the west, currently under construction,
Empire Estates, Northview Heights, and Raven Rock, all of
which are new construction or projects approved in the last
year. She said there is a controlled access planned off the
bypass, and MDOT is providing right in, right out access to
the bypass after construction.
Wilson stated tonight we are looking at the annexation of 20
acres for the Aspen Creek Subdivision, which is located 1/4
to 1/2 mile west of Stillwater Drive. She said the purpose of
the PUD is to allow the property owner to retain a five -acre
homesite and to cluster the density around the perimeter of
the site. There will be a restriction of no further subdivision
of the five acres. She explained that the PUD designates the
density of the project and the PUD overlay allows flexibility in
how the density is achieved. This project will have 54 duplex
lots, nine triplex sublets, and four fourplex sublots around
the perimeter of the property. She stated there is an existing
access off of Three Mile Drive that crosses the drainage and
provides access to the house; the Spring Creek drainage runs
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through the property. Wilson stated the floodplain is
designated on the plat, but it is a non -delineated area that
has not been studied and the 100-year flood plain hasn't
been well established. As part of this project, the developer
will need to do a "detailed study" of the channel and send it
to FEMA; FEMA will then establish the base elevation or ask
for additional information. At this point, the best guess is
done by looking at the site, which has fairly significant
topography. The subdivision regulations do not allow lots to
be created in the flood plain. She said the best guess is
based on the survey, so the developer avoided the flood plain
altogether; none of lots are shown near the 100-year flood
plain.
Wilson went on to explain that two accesses are proposed off
of Three Mile Drive, and the topography of the site does not
lend itself to a road connection, so this turns into an isolated
pocket of development, and is only connected by the area set
aside as a park; the pedestrian access trail is proposed to
access the park area with the creek channel.
Wilson explained there were questions regarding setbacks
that resulted in a deviation from zoning, changed from a 20-
foot setback to 10 feet. She said the staff would support
reduction in setbacks with regard to dwellings, but garages
need to be back 20 feet.
Wilson said that staff is recommending that during Phase 1,
Lot 35 be platted because it is where the density comes from;
there is only a single access road in, and the road may need
to be improved. She said the fire department is concerned
about emergency equipment crossing the bridge over the
creek. She said Phase 2 would be via another access to the
east across privately owned property, and require an
easement for a 60 foot right of way, extension of utilities and
a public right of way that will be given to the city and built to
city standards. She said that timing on Phase 2 depends on
Phase 4 of the subdivision to the east, and being able to
connect a secondary access that meets Uniform Fire Codes
without dealing with the flood plain.
Wilson explained that staff has tried to make the conditions
consistent with the PUD, and said one of them is that a 20
foot landscape buffer be incorporated along Three Mile Drive,
and a pedestrian walkway be incorporated to go with all the
other subdivisions in the area. She said that Three Mile is
maintained by the county, and there is a 100-foot right of
way right there, so none would be required from this
property. New accesses would need to be approved by MDOT
and Flathead County, which would line up with an existing
subdivision access to the north. She said the park area
would be owned and maintained by the homeowners
association, and that some type of recreational amenities
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would need to be developed
Wilson finished by stating that staff is recommending the
Board adopt Staff Reports KA-04-5 and KPUD-04-2 as
findings of fact and recommend to the City Council that the
zoning designation of R-3 with a PUD overlay be assigned to
the property upon annexation, subject to the listed
conditions. She said staff is also recommending approving
the preliminary plat, Staff Report KPP-04-3, as findings of
fact subject to the conditions.
QUESTIONS BY THE Taylor asked what was in Lot 8, the private property to the
BOARD northwest, and what kind of development is taking place
around the area.
Wilson answered Lot 8 is a single lot with a single owner and
the surrounding developments are a mix of both single family
and multi family lots.
Atkinson asked about the parkland and if it was enough, and
did they need cash in lieu.
Wilson said the parkland is adequate to satisfy the
requirements, but they will need to set up some amenities so
it functions as a recreation area. They can't leave it brushy
and there will be some improvement plan.
Atkinson asked about access to the lower development area
and if the easement is in effect at this time, or will it be a
condition of approval.
Wilson answered that the easement has been negotiated and
the owner will be using the easement in the future, but it is
one of the conditions.
Taylor asked about Phase 2 and what was in it
Wilson answered the numbers refer to sublots, with each one
conveyed separately in a duplex, triplex or fourplex
configuration. So 16 sublots are in a fourplex configuration,
with each sublet being conveyed separately. Most of Phase 2
will be duplexes.
Hinchey asked about the PUD overlay and the density.
Wilson said the PUD would allow seven dwellings per acre
and the density on this development is 80 lots on 20 acres,
or four lots per acre. The density is coming from keeping the
one large parcel and clustering in the other portions of the
site. One of the conditions is that the large lot and park be
platted in Phase 1 so they will not be further subdivided, at
least until the growth policy changes. She said by saving the
five -acre parcel, the developer has used up all of the density.
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 13 of 23
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
APPLICANTS/AGENCIES Jeff Larsen, Larsen Engineering, thanked Wilson for all of
her work, that it was a difficult site to design, but access has
been secured. He stated they went with a PUD because of the
topography of the site, and they are trying to protect certain
areas of the property around the creek and the riparian
areas. He said they plan to cross connect with the
development to the east at some point. They plan to provide
affordable housing units and extend city services to the west,
but they must have a certain amount of density to design it
to city standards and to extend city utilities. He said this is a
unique situation in that developers to the east have worked
with them on roads and sewer and water main extensions.
Doug Johnson, owner and developer, spoke about wanting
other people to be able to afford to live in the Flathead Valley,
and the homes will be around $155,000-160,000. In
response to a question by the Board, he said the five -acre
parcel has been set aside because it is his house and he
wants to be able to keep his horses.
Phil Neuharth, real estate broker, stated that the market
prices now are around $185,000 for single-family homes and
they want to build affordable homes. He said the lots in this
project would average around $125,000 per unit.
PUBLIC COMMENT No one spoke in support of the project.
The following spoke in opposition to the project:
Alison Drollinger, 169 Brook Drive, stated that she is very
concerned about density and that planning is very important
for a community, but this kind of planning does not help the
community and pushes us all together, and no one is happy.
She stated she is concerned about the flood plain, and wants
FEMA to do its job, and they should have hard facts before
any development in the area. She said that Three Mile Drive
is nuts and dangerous and dumps out onto Meridian Road,
which has no sidewalk. She said we have to deal with
infrastructure problems before we divide the landscape. She
spoke about kids and where they will be able to play and
their affect on the creek. She is also concerned about fire,
schools, wildlife and the creek. She said the density will
affect the creek and the wildlife in the area and people are
not happy when they are crammed together.
Matt Martin, 180 Aspen Loop, stated he has concerns about
the density, and stated that some of the lots are smaller than
his garage. He is concerned about overcrowded schools, fire
and wildlife.
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 14 of 23
Dick Smith, 58 West View Drive, stated he is a land
surveyor, and wants the Board to look at the five acre parcel,
and he has never seen anything like that. He wants to know
if the five acres will be available to the homeowners for their
use. He stated the existing subdivisions to the south weren't
mentioned, and they are large tracts of land which are zoned
R-2. He said this development would change the texture of
the neighborhood if this one goes through. He said cancer
could also be described as a living growing organism and the
drainage is a major wildlife refuge. There is significant
wildlife in the area which will be severely impacted.
Richard Nelson, 94 Northern Lights Boulevard, stated he is
concerned about the traffic access onto Three Mile Drive,
because getting onto Three Mile is difficult because of the
traffic and speed. He said they are looking at 5000 people in
the area if the subdivisions continue they way they are going.
He stated that Three Mile is a paved country road and urged
the Board to consider traffic impacts before sewer.
Steve Burland, 604 7th Avenue West, stated he also owns
property in Aspen Knoll and that the area is prime for
development and is extremely attractive, but he is concerned
with the proposed zoning; it is now AG 80 in the county and
R-3 is not realistic for the area. He stated he wants
development that is compatible with existing neighborhoods,
but this has 15 housing units backing up to three one -acre
lots along the southern boundary. He stated this
development will hurt property values to the south and that
setbacks will be 10 feet closer to their houses, if he is
correct. He said this is prime real estate, extremely
attractive, and the development should be a buffer for the
development to the north, but the density needs to be
reduced. He said that all developments should be held to the
same standards, and asked that the setback change be
denied. He is still concerned with the impact on Three Mile,
wildlife and the location of the parkland and urged the Board
to deny or table this subdivision to allow the developer to
make changes.
Mike Corbett, 995 Blackmer Lane, Columbia Falls, stated he
owns lot 9 in Aspen Knoll, and was surprised tonight to hear
about the developments to the north and nothing about the
developments to the south. He stated there are plenty of
affordable homes in town and that townhouses will be 10 feet
away from his home. He said he is not against development,
but the project should be laid out in a buffer zone fashion
and not serve a five -acre parcel.
Cara and Glen Sargent, 140 Aspen Loop, stated they are
concerned that the high density is not compatible with the
area, that it will severely impact the roads, and decrease
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 15 of 23
property values in the area
Ken Hannah, 91 West View, stated the kids would play in the
streets in a subdivision of this size and used the example of
Great View in South Meadows. He said this poses a safety
issue and that south Three Mile Drive has R-1 and R-2
zoning and they need a buffer zone. He said the density is a
safety hazard for the kids and that all the kids will have to
walk to the junior high, and there are no sidewalks and no
streetlights on Three Mile.
Joan Gates, 136 West View Drive, stated she is concerned
about the density and it does not fit the neighborhood. She
said the area is in the West Valley school district and kids K-
8 will need to go four miles to school; she doesn't know
where West Valley will put the kids.
Bob Gates, 136 West View Drive, stated the density is a huge
change to the area, that it doesn't fit the character of the
area, most of the lots are 1/2 to 1 acre and larger, and there
is nothing this dense until 1/2 mile back towards town. He
stated this development is on the far side of the bypass.
Darcy and Bob Albert, 265 Aspen Loop, Lot 30 Aspen Knoll
subdivision, asked how many stories high the homes would
be and stated they are opposed to the density and that it is
poor planning.
Don Hines, 140 West View, stated that the density is
completely wrong, that Three Mile Drive is extremely
dangerous, and there are no public facilities nearby. He said
the developers have not been required to improve Three Mile
Drive in any way and the density will cause problems.
No one else wished to speak and the public hearing was
closed.
MOTION Atkinson moved and Johnson seconded to adopt Staff
Reports KA-04-5 and KPUD-04-2 as findings of fact and,
based on these findings, recommend to the Kalispell City
Council that the initial zoning for 20 acres of land be R-3,
Single Family Residential, with a PUD overlay upon
annexation to the City of Kalispell.
DISCUSSION Norton stated the density is within the growth policy range
and that the infrastructure will be in place. He said that
affordable housing is important, and that he sees what is
available out there and that $150,000 is not affordable
housing. As to this subdivision, he feels it is the worst
subdivision he has ever seen as an appraiser or a Planning
Board member, and he understands the problems with
topography and retaining the five acres, but this is not what
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Minutes of the meeting of April 13, 2004
Page 16 of 23
the growth policy had in mind. He stated this is not a correct
subdivision plat, and there are better ways to design the
property. He stated he feels it is a horrible plat, and is not
opposed to the density if it is designed correctly.
Atkinson stated that he shares Ms. Drollinger's frustrations
with roads and schools and until there are impact fees we
have no tools to deal with them. He stated FEMA will have to
make a recommendation before anything happens on the
property, and that kids and seniors will not be served well in
that location; multiple units belong in town, not that far out
of town, and the project doesn't fit anybody's lifestyle there at
all.
Hull stated that the layout is very strange, the topography is
difficult to design around, and in other subdivisions, multi-
family housing has been allowed as a buffer. Here it is all
clustered in the back of the property.
Anderson stated that these houses are not affordable, and
that Three Mile Drive is a nightmare and there are genuine
safety issues involved. She stated that FEMA must be
addressed and there will be no loan until the flood plain
issue is answered. Aspen Knoll and Two Mile Tracts are not
compatible with this project.
Johnson stated that not too long ago, there were people who
wanted to stop the Aspen Knoll project, so this is not unique.
He then moved the matter be tabled until the developer could
take another look at it; Taylor seconded.
Hinchey stated that he has a problem with the density, and
that the area is too small for 79 lots. He said the Growth
Policy states four units per acre, and the PUD allows seven,
but this density is beyond that. He stated it violates the spirit
of the Growth Policy and they must know the results of the
FEMA study.
Taylor stated we must look at the context of the statute, and
define the purpose of the zoning. He quoted from the
statutes, stating "zoning must be made with reasonable
consideration to the character of the area, its suitability to
the intended use, with a view to conserving the value of the
buildings and encouraging the most appropriate use of the
land." He said this is not the most appropriate use of the
land, it doesn't conserve the value of the buildings in the
area, it is not suitable to the area, and is not reasonable to
the character of the neighborhood. He feels it is a
warehousing concept and he finds it offensive.
ROLL CALL -- MOTION TO The motion to table failed on a roll call vote of 2-5, with
TABLE Johnson and Norton voting in favor.
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 17 of 23
ROLL CALL (MAIN MOTION) The main motion failed on a roll call vote of 1-6, with
Johnson voting in favor.
MOTION TO AMEND Atkinson moved and Anderson seconded to amend the
FINDINGS OF FACT findings of fact of Aspen Creek PUD based upon the density
being inconsistent and incongruent with the adjoining
neighborhood, based upon traffic impacts, based upon other
services, based upon the effects on the environment and
based upon concerns with the 100 year flood plain, and
recommend denial of the request.
DISCUSSION Atkinson stated that using the density allowance is different
than what went on here, and the tool was not used in the
manner it was designed to be used.
Norton stated he agreed with the density, just not the project
as proposed and the whole layout needs to be tweaked a little
bit.
Taylor said if the same number of units were just spread out,
they would not accomplish anything and they must look at
the density in the context of the surrounding area.
ROLL CALL - AMEND The motion to amend the findings of fact passed
FINDINGS OF FACT unanimously on a roll call vote.
PURDY INITIAL ZONING A request by Russell Purdy for an initial zoning designation
UPON ANNEXATION of R-3, Single Family Residential with a Planned Unit
Development overlay on 30.77 acres located on the
southwest corner of Three Mile Drive and Stillwater Road
upon annexation to the City of Kalispell.
BOWSER CREEK ESTATES A request for preliminary plat approval of Bowser Creek
SUBDIVISION Estates, a 103 lot mixed use subdivision on 30.77 acres with
PRELIMINARY PLAT a zoning designation of R-3/PUD upon annexation to the
REQUEST City.
STAFF REPORTS KA-04-7, Narda Wilson, with the Tri-City Planning Office, gave a
KPUD-04-4 AND KPP-04-5 presentation of Staff Reports KA-04-7 and KPUD-04-4, a
request for an initial zoning designation of R-3, Single Family
Residential with a Planned Unit Development overlay on
30.77 acres located on the southwest corner of Three Mile
Drive and Stillwater Road upon annexation to the City of
Kalispell, and KPP-04-5, a request for preliminary plat
approval of an 103-lot mixed use subdivision on
approximately 30.77 acres.
Wilson gave a staff report and stated this is a 30 acre parcel
adjoining the project to the east just discussed, which is
currently R-2 in the county, and that we assume there are
on -site sewage treatment and septic tanks. Wilson explained
the purpose of this PUD is to allow 40 detached single family
homes and 62 duplex and triplex lots, and there will be two
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 18 of 23
accesses off of Three Mile, one at Stillwater Road and Three
Mile, which will have to cross private property, and will
require an easement. She said a neighborhood commercial
area is being proposed on the corner, and Spring Creek also
flows through this property, so there are 100-year flood plain
issues here as well. According to the map, the 100-year flood
plain area is exaggerated, and will require a more detailed
study. She stated a riparian vegetation line borders the
creek, and the area to the north is more of a backwater to
the channel than overflow to the north. It will be subject to a
detailed flood study submitted to FEMA to determine where
the flood plain is. She said it appeared that a lot of the units
were "wishfully" located within the flood plain and riparian
corridor.
Wilson said the issues with this subdivision are similar to
the last public hearing, with the properties to the south
being 1/2 acre lots with onsite sewage treatment, and there
is no way for this project to go smaller or denser without
public utilities. Wilson explained the applicants are shifting
the density out of the flood plain by coming in as a PUD,
moving lots into a cluster design to make townhouse pods
which will be accessed via an internal roadway. She said a
good part of the floodplain would be set -aside as a
homeowners park, and the environmentally sensitive area
would be preserved and maintained.
Wilson stated the staff is recommending adoption of KA-04-7
and KPUD-04-4 as findings of fact and recommend to the
Kalispell City Council this property be zoned R-3 with a PUD
overlay upon annexation to the City.
QUESTIONS BY THE Hull asked Wilson to address the commercial lot.
BOARD
Wilson answered it was a deviation from R-3 zoning but is
allowed under a PUD for the immediate neighborhood. She
stated there were problems with locating it at the intersection
so close to the bypass access, and site development wanted it
moved to the intersection with Blue Herron and required that
it would not exceed an acre. She said the property to the
west is undeveloped, and there is no access to the site. They
anticipate an easement for future road access to the
adjoining parcel could be acquired. A 63-foot wide lot could
create another access onto Three Mile Drive from this parcel.
She said that relocating the commercial development would
give a better separation between the residential component
and the commercial component.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the issue.
APPLICANT/AGENCIES Mike Fraser, Thomas Dean and Hoskins, asked if the Board
could recess and take this up again when everyone was
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 19 of 23
fresh. There was a short discussion regarding tabling the
matter at this time, but it was decided to move forward with
the public hearing. Frasier stated this project complies with
the growth policy and mentioned some of the subdivisions
that have been passed recently by the Board. He said they
are asking for R-3 zoning, and the density is 3.31 units per
acre, and will be fronted by Three Mile Drive. He stated that
traffic is addressed by MDOT when they require a traffic
study. He stated that this is not a cookie cutter subdivision;
they have tried to be sensitive to the environment, create a
buffer, and mix the duplexes with the single-family homes.
They want to develop the homeowners area as a playfield,
and are proposing an internal pedestrian access to the field.
He said that Spring Creek would be preserved in its natural
state and will be protected during construction.
Frasier stated this is proposed as a four phase project over
12 years, with Phase 1 being townhouses in the central area,
Phase 2 will be a mixture of single family and townhouses,
Phase 3 will stop at the southern cul-de-sac, and Phase 4
will depend on the next subdivision. He said that Phase 1 is
not impacted by the flood plain and a large portion of Phase
2 is in the same category. He said there has not been a
detailed study done of the flood plain, and that their flood
plain analysis is not official yet, but it follows the stream
channel of the 100-year flood and is much less than is
represented by the non -detailed map. They will not develop
until the flood plain study is approved by FEMA. He stated
they are not asking for variances and there is no setback
reduction. He said they would provide rear yard buffering to
adjoining projects to the south. He said that within the
confines of the R-3 zone they would maintain the separation
and buffer the area. He said they have tried to be creative
and follow the contours of the land and that 17.4% of the
subdivision is open space; they plan to preserve it, and put
in improvements with paths and benches. He said they
support the recommendation to move the commercial area
and that the main access was purposely set at Stillwater
Road for traffic control in the future.
Russell Purdy, 241 Commons Way, stated they are trying to
handle the area appropriately and serve the public and that
the city has planned for it. He said this was the best use for
the property in a cost effective manner and they will be trying
to slow down traffic and there will be some drainage
situations, but they will handle that. There will be a
homeowners park to the north, and there will be no
backyards in the stream and that walking paths will not be
in sensitive areas for wildlife. He stated the valley is growing,
and he wanted to be sensitive to the developer next door, and
that townhouses give seniors a chance to live with their kids.
He stated he wants utilities and asphalt before houses are
built and he wants to do something appropriate for the area.
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 20 of 23
He does not want to be compared to the subdivision next
door.
PUBLIC COMMENT There were no comments in support of the project.
The following spoke in opposition to the project:
Dick Smith, 58 West View Drive, stated that the Two Mile
Tracts could not be subdivided and that the fabric of the
neighborhood is R-2. He stated the zoning around this
subdivision is R-1 to the east, AG-80 to the west, R-1 to the
southwest, and R-2 to the south. He said the R-3 is in
conflict with the fabric of their neighborhood, although the
design is better than the previous subdivision, but the
intersection and the creek will be a problem. He said the
juxtaposition with .17 acres on the southern line with their
1/2-acre parcels in his neighborhood is a problem and
maybe some of the common area could be moved to right
there. He wants to see something more in tune with their R-2
zoning.
Ken Hannah, 91 West View Drive, stated this is a much more
professional subdivision, but is still not in keeping with the
surrounding neighborhoods. He said the growth policy allows
for up to an R-3, but that doesn't mean you need to take it to
the extreme. He asked if it is good for the land and
community and stated there are 60% townhomes on this
land. He said it was still too dense and safety is still a
concern and he would like some sort of buffer zones.
Alan Reby, 394 Three Mile Drive, stated this subdivision
would be using his driveway. He said the agreement was no
commercial lot on that corner, and he will not grant an
easement on the land if the commercial lot is there. He said
he has seen water flood the proposed park area when the
culvert backs up and the density is too heavy, with four
duplexes in his back yard, and it cheapens the subdivision.
He wants to know how close the subdivision will be to his
boundary, and how close the cul-de-sac will be. He said that
fire access, traffic and schools will be a problem and that
Meridian Road is a serious problem.
Alison Drollinger, 169 Brook Drive, is opposed due to the
density and stated the creek bottom will flood. She said the
homes would all be on the steep hillside and Three Mile Drive
and Meridian Road are very bad. She stated we need better
planning and she wants it subdivided correctly.
Bob Gates, 136 West View Drive, stated the density is better,
but is still greater than what is in the area now. He said he
opposes the zoning and wanted to commend Norman Beach
for involving the neighbors with his project (The Greenery).
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page21 of23
Don Hines, 140 West View Drive, stated the original
development for the Two Mile Tracts were done in the early
80s; the whole area is nothing less than 1/2 acre lots and
the area funnels into Meridian and the traffic problem is not
being addressed. He said that density will compound the
problem, and lower density would help.
Larry Hartman, 143 West View Drive, stated that Spring
Creek is a safety concern and it runs right through the
development; there are too many homes and too many kids.
He said the creek will be a magnet and you can't fence it off.
Glen Sargent, 140 Aspen Loop, stated he is concerned about
the schools and the fire danger. He praised the developer and
said it just needs a little bit of fine-tuning.
Steve Burgland, 604 7th Avenue West, stated the developers
should be required to meet the setbacks for the zoning
districts and no variances should be allowed.
No one else wished to speak and the public hearing was
closed.
MOTION TO TABLE Atkinson moved and Anderson seconded to table this until
the next regular meeting on May 11, 2004.
ROLL CALL The motion to table passed 5-2 with Hull and Norton voting
against.
OLD BUSINESS There was no old business.
NEW BUSINESS Wilson discussed the draft sign regulations, which reflected
workshop discussions. She said the new language was
underscored, deleted items were struck through, and there
are no significant issues. She stated it could be scheduled for
May 11 and hold the public hearing on that date.
Hull brought up his concerns regarding a legal ad for seven
liquor licenses at one address past the five -mile mark. He is
concerned that when the city annexes past the five -mile
mark, those licenses will be worth a lot of money and this is
a fraudulent attempt to get those licenses.
Wilson answered that her office is aware of the situation and
the Department of Revenue will be investigating it. She said
once there is more information, she will let the Board know,
but the protest period ends May 3.
Hull gave copies of the notice to the board.
Wilson stated there is a work session scheduled for April 20,
2004 to discuss architectural standards.
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
Page 22 of 23
ADJOURNMENT The meeting was adjourned at approximately 12:15 p.m. The
next meeting of the Kalispell City Planning Board and Zoning
Commission will be held on Tuesday, May 11, 2004. There
will be a work session held on April 20, 2004.
George Taylor Judi Funk
President Recording Secretary
APPROVED as submitted/corrected: / /04
Kalispell City Planning Board
Minutes of the meeting of April 13, 2004
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