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03-10-15KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 10, 2015 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: Chad Graham, Charles Pesola, Rory Young, Matt Regier, Steve Lorch, and Doug Kauffman. Karlene Osorio-Khor was. absent. Tom Jentz and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Lorch moved and Pesola seconded a motion to approve the minutes of the February 10, 2015 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT None. EUREKA TOWN PUMP — Eureka Town Pump, Inc. is requesting annexation, initial zoning ANNEXATION, INITIAL of B-2 (General Business) and a conditional use permit to convert ZONING & CONDITIONAL the existing buildings at 859 West Reserve Drive into a USE PERMIT convenience store and casino requiring the following applications. The site is located .1 miles east of Highway 93 on the previous site of the "River Church". 1 STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed staff report KA-15-01 & KCU-15-01 for the board. Nygren noted a correction to the staff report on page 6, Cost of Services the last paragraph states "net cost Ito the city" and it should have been "net revenue to the city". Nygren stated the subject property is located east of the Eisinger Motors property on West Reserve Drive and is developed with existing church buildings that are currently unoccupied. The current zoning is County R-1. Nygren reviewed the surrounding zoning and land uses. He noted the requested zoning B-2 is consistent with the surrounding zoning and the commercial land use designation of the growth policy. Nygren continued with a review of the site plan and indicated an existing 10,313 square foot building will be converted into the convenience store, an existing 7,900 square foot building will be converted into a casino, and a 4,700 square foot fuel islands facility will be constructed and parking facilities expanded. Access to the site is from West Reserve Drive. Nygren reviewed the elevation drawings for the board and noted Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page I 1 the Architectural Review Committee indicated there will need to be some significant architectural upgrades to the project before it will move through their committee. City water and sewer services will need to be extended to the property and sidewalks and streets will be installed in accordance with city standards. This will be the first casino north of Idaho and there are no churches, schools or other casinos, within the 300 foot buffer, a requirement in the Kalispell Zoning Ordinance. Because this proposed development is within a high traffic area and the other developments in the area have not historically been permitted to have casinos, a condition has been added prohibiting any on -premises signage as follows: • Any terms such as gaming, gambling, cards, dice, chance, etc. • Any reference to any associated activity or any symbols or words commonly associated with gambling. • Any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. • Neon lighting. Staff recommends that the Kalispell City Planning Board adopt Staff Report #KA-15-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 General Business. Staff recommends that the Kalispell City Planning Board adopt Staff Report KCU-15-01 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit, be approved subject to the 9 conditions listed in the staff report. BOARD DISCUSSION Kauffinan asked if the stormwater agreement to. use the Montana Department of Transportation (MDOT) structure was a previous agreement with the MDOT and Nygren said yes. Graham noted there have been concerns about the stability of the bank on the back side of this property and Jentz said the applicants are aware of this problem and are in discussion with the Flathead Conservation District and other agencies to determine what measures they could take to stabilize the bank. Jentz added if this was brand new construction there would be significant setbacks, but the buildings are already on the property. Graham asked if there was any documentation indicating that the bank is stable and Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 12 Jentz suggested the public hearing be opened and the applicants could address those issues. Graham asked about if the proximity of the fuel tanks to the Stillwater River is a concern and Nygren said it has not been brought up as a concern by Public Works, and there are no setbacks standards for fuel tanks in the zoning regulations. Young asked if this is the first property that is suitable for a casino north of Idaho or has the zoning ordinance been changed and Nygren said the ordinance has not changed. Jentz said some of the developments in this area did not want casinos but wanted the focus to be a retail center character instead. Jentz noted there is no stated land use policy that casinos cannot extend north. PUBLIC HEARING Joe Murphy, Big Sky Civil and Environmental (BSC&E) stated they have worked with Town Pump on a number of developments throughout the state including this site. Murphy reviewed the following issues: Storm drainage — When they first approached the city they understood that the storm drainage from the site actually dumped into the detention basin that serves the MDOT. After they received as-builts they found that the storm drain from the site goes underneath the detention basin and has its own outfall, closer to the Stillwater River. He noted it appears to be a solid structure and in good shape. They will work with Public Works to make sure that all of the storm drainage standards are met. Underground storage tanks and their proximity to the Stillwater River— Murphy said he has been involved in environmental clean- up on underground fuel spills since he first started in the business. In working with Town Pump their underground storage tanks exceed any of the regulations. Stormwater runoff — In all of the Town Pump facilities that BSC&E has worked on oil/water separators have been installed that address all of the stormwater runoff and snow melt that falls off the underside of vehicles. The runoff is captured at the fuel island area and channeled through the oil/water separator that has a treatment system built into it. Town Pump's architect and design team are in the process of putting plans together with better elevation views and will work closely with the Architectural Review Committee. Town Pump intends to comply with the signage ordinance and conditions, however, Town Pump would like to request that the Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 13 board consider relaxing those limitations. Murphy said they will work with Public Works regarding water and sewer main extensions. Water is in fairly close proximity to the property and they are working with the city to either tie onto an existing force main or gravity mains along Home Depot for wastewater. A traffic impact study has been completed and submitted to MDOT and they have conditional approval to go ahead. They intend to work closely with the city on sidewalks, parking, and lighting to make sure it is done in accordance with the city standards. Bank stability — Murphy said they have initiated discussions with the Flathead Conservation District (FCD) and they intend to work with FCD to come up with a viable and lasting means of treating the soils in that area. They will also work with Fish, Wildlife & Parks, the Army -Corps of Engineers, DEQ, DNRC and the local floodplain coordinator. Town Pump knows they need to take care of that bank and protect their property. Jenny LaSorte, 275 Sulky Lane stated she is a resident of north Kalispell and is a Montana native. LaSorte said she is here to speak for the people of north Kalispell and address the degradation of the quality of life that could result from expanding casinos to the north. LaSorte added as a Christian she objects to turning The River Church into a casino. This is in close proximity to Glacier High School, Flathead. Valley Community College, Kidsports, and the residents in the area. She asked if this how we want to welcome visitors to the gateway of our community. LaSorte stated vice attracts vice, and an increased use of alcohol, prostitution, and drugs. LaSorte asked the board to give serious consideration as to whether or not they want to expand gambling to north Kalispell and what it would take to get an impact study on the effects of gambling on our society, here in Kalispell and the Flathead Valley. Sherry Wehrman, 77 Cloud Creek Road, Somers stated she is against having casinos north of Idaho. There are currently approximately 20 casinos on Idaho and Main Street within a one mile radius. If one is allowed north of Idaho how many more will be allowed. Wehrman said she is a recovering compulsive gambler and it ruins Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 14 lives and families. The only place that people can go that is safe and where they can take their family is in the north Kalispell area where they do not have to see casinos and bars. She asked that the board not approve the CUP or the zoning recommendation. Mayre Flowers, Citizens for a Better Flathead, 35 4a' Street West, Kalispell stated she supports the questions by the board regarding the location and safety of the fuel tanks as well as the bank stabilization that need to be given careful consideration. She encouraged the board to have this information prior to moving forward with a recommendation. Flowers said this is also an opportunity to increase the landscaping for this corner which is something that has been lacking in all entrance corridors into Kalispell. Finally in reference to the casino issues she suggested this issue be addressed through the growth policy update that is currently underway. MOTION - ANNEXATION & Regier moved and Young seconded a motion to adopt Staff Report INITIAL ZONING #KA-15-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 General Business. BOARD DISCUSSION Regier noted B-2 zoning is on 3 sides and he felt it is appropriate for this area. Graham agreed. ROLL CALL - ANNEXATION The motion passed unanimously on a roll call vote. & INITIAL ZONING MOTION - CONDITIONAL Regier moved and Pesola seconded a motion to adopt Staff Report USE PERMIT KCU-15-01 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit, be approved subject to the 9 conditions listed in the staff report. BOARD DISCUSSION Pesola said while he shares some of the sentiments with casino growth and expansion but to not allow any form of advertising for the casino may mitigation some of that fear. Pesola said this would is appropriate and is a use that is traditionally associated with a Town Pump. Regier said he likes the idea of a gas station at this location however he feels casinos need to be moderated but not enough to prevent another casino being added to the Flathead Valley. Lorch clarified the planning board doesn't snake policy in relation to casinos — it is allowed by State law and city zoning regulations. He does have concerns about placing conditions on the signage allowed. He added, if the community wants to regulate casinos it Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 15 should be done before an application is submitted. Nygren clarified that the conditions regarding signage are in the zoning regulations and due to the location, and the fact that the surrounding developments did not have any gaming, staff felt these signage conditions should be implemented for this particular development. Graham noted there aren't any regulations that would prohibit casinos north of Idaho and added the PUD's to the south of this development choose not to have casinos as part of their PUD. This use, if approved by conditional use permit, fits within the city's zoning of the area. Graham asked if they can use the conditional use permit process to deny a casino and Jentz said yes, they can. However, to deny it the board needs to make reasonable findings of why it doesn't meet the criteria. Jentz explained further. Graham asked the board members if they had any findings in opposition to this use in this area. Regier said gambling is a vice and the question is, what direction do we want our community to go in? Regier added findings could be based on the affects of the gaming industry. Graham said he does share some of the concerns but he added the applicant has applied for this use which is allowed by the city's zoning ordinance. The site is also suitable for annexation. ROLL CALL — The motion passed on a roll call vote of 5 in favor and one CONDITIONAL USE PERMIT opposed. TKG SPRING PRAIRIE TKG Spring Prairie Development Four, LLC (TKG) is requesting DEVELOPMENT FOUR — a Growth Policy Amendment; Zone Change Map Amendment; GROWTH POLICY AMD, Planned Unit Development Overlay Zone; and Subdivision ZONE CHANGE, PLANNED Approval to develop a 28 acre site located on the southwest corner UNIT DEVELOPMENT, AND of US 93 and Old Reserve Drive into 14 building pads to be PRELIMINARY PLAT utilized for general commercial development similar in nature to phases 1-3 of Spring Prairie to the immediate north. TKG will be developing this project via a lease with the Department of Natural Resources and Conservation who oversees State School Trust Lands. The site is bounded on the north by Old Reserve Drive and Spring Prairie Phases 1-3, on the west and south by Kidsports, and on the east by US Highway 93 N. BOARD MEMBERS RECUSED I Doug Kauffinan and Steve Lorch recused themselves from the THEMSELVES discussion and votes on this project due to conflicts of interest. 1,STAFF REPORT I Jarod Nygren, representing the Kalispell Planning Department reviewed staff report KGPA-15-01, KZC-15-01, KPUD-15-01 & l Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 16 KPP15-01 for the board. Nygren noted the growth policy amendment would change the land use designation of the property from Public and open space to commercial. The zone change request is to change the zone P-1 Public to B-2 General Business and a planned unit development overlay to improve the design of the project site as it relates to architecture, landscaping, pedestrian access, signage and allowable uses. Finally the preliminary plat is for the subdivision of the property into 14 lots. TKG will be developing this project via lease with the Department of Natural Resources and Conservation (DNRC) who oversees State School Trust lands. The application has come to fruition after years of negotiation which culminated in the City of Kalispell providing financial support to purchase a permanent easement from DNRC for the KidSports property. In conjunction with the transaction KidSports agreed to release the subject property back to DNRC so that they could develop the property at the highest and best use. TKG is requesting to utilize all municipal public services including water, sewer, police and fire services. The 28 acre project site is currently being used as the former DNRC offices building and KidSports cross-country track. The DNRC has relocated their facilities and the office building is currently unoccupied. The cross -county track loops around the south end of the subject property and connects back to the northwest into KidSports. There is a pond that receives the storinwater flows from on -site and from the development to the north. Nygren described the current and surrounding zoning and land uses for the board. The Section 36 Neighborhood Plan, passed in 1999, would not allow for commercial development as it was designated sports fields. The 2010 Plan, approved in 1986, gave the southern portion of the parcel open space designation and it was not until the 2020 Growth Policy was passed in 2003 that the remainder of the parcel was given public and open space land use designation, with a 5 acre portion at the northeast corner designated commercial. Nygren reviewed the preliminary plat. Access to the site is from a full movement at the southern intersection of the property where a new traffic light will be installed; and two right -in only intersections along US Highway 93 North. A pedestrian path will lead from the development into KidSports. Nygren reviewed the landscaping plan in detail. Nygren noted that the developer agreed to change the pedestrian path to another location so it is not dead- endins at the narking lots. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 17 Nygren noted conditions have been added regarding fencing and landscaping of the ponds and sidewalk standards that would include a seven foot landscape buffer with a six foot sidewalk and additional 6 foot pathways connecting to the bike path. Four-sided architecture will be required and large -rectangular masses will be avoided by incorporating off -sets on the walls and roofs and the use of building materials will be similar to Spring Prairie Phases 1 through 3. Signage allowed for phase 4 is one free-standing sign, which is the same that was allowed for the other phases of the Spring Prairie Development and the developments on the east side of Highway 93. The reason for the limited signage is to prevent the corridor from being littered with signs. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KGPA-15-01 and recommend that the growth policy land use designation for the entire 28 acre site be "Commercial" on the Kalispell Growth Policy Future Land Use Map. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZC-15-01 and recommend that initial zoning of the 28 acre site be B-2 on the Kalispell Zoning Map. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD-15-01 as findings of fact and recommend to the Kalispell City Council the PUD for Spring Prairie Phase 4 be approved subject to the 30 conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-15-01 as findings of fact and recommend to the Kalispell City Council that the Spring Prairie Subdivision Phase 4, be approved subject to the 30 conditions listed in the staff report. PUBLIC HEARING I Karen Blumenstein, Flower & Stone, 88 Inverness Circle Drive East, Denver, Colorado stated she is representing the applicant. Blumenstein said a great deal of time was spent talking with city staff and KidSports about this project. She described the agreement they have with KidSports to grade some areas that will be used as future inulti-use fields and coordinate access between the two sites, and to ensure the experience that people have when thev are at KidS-Ports is not diminished by the commercial use. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 18 Blumenstein reviewed the conditions and their concerns are as follows: • Condition #6 — Recreational area. They are suggesting an amendment to the language to delete the terms "pads for playground equipment" and insert "and grading acceptable to KidSports for their intended future use." • Condition #7 — Retention pond. Blumenstein said they read this condition as ensuring that any chain link fencing, or similar type fencing, is placed with associated landscaping. • Condition #10a — Architectural design. She asked for clarification with respect to colors of concrete products on building faces and if building faces means building frontage they would have no problem with the condition. She added, the rear of the buildings that they developed on the Cabela's Outpost center, are painted concrete CMU block, and no painting is on the front or sides of the buildings. • Condition #llb — Sidewalks around detention pond. Blumenstein said they have no problem expanding their current sidewalk size to 6 feet and add a 7 foot landscape boulevard. She asked if staff could clarify that this could be an exception if the space is not available along the detention pond. • Condition #llc — Sidewalk and landscape boulevards fronting the internal streets requirement. She felt that this condition was onerous. They focus on walk ability for their projects and it doesn't show that you need a sidewalk around all sides of an out parcel. They ensure that the sidewalks relate to one another. It also puts a big expense on an out parcel user and it has not been required for any of the developments on either the east of west side of the highway. Also in condition #11 c she requested that the language "Prior to building permit issuance" be changed to Prior to the issuance of the Certificate of Occupancy" as those improvements cannot be completed until the building permit is issued. (Recorder's Note: This change of language would also apply to 11 d.) • Condition 21, 24 and 28 — Blumenstein noted staff agreed to change the language on those conditions so that these obligations will occur "prior to final plat". Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 19 Also the signature block in condition #28 should be changed to the Montana Department of Natural Resources and Conservation instead of the developer. • Condition #9 — Signage. They have concerns about being allowed only one freestanding sign. Hutton Ranch has two 24 foot pylons and Home Depot has three freestanding signs — one pylon and two small monument signs. She feels that the signage regulations are not being evenly enforced across the corridor. They have two main access sites into their center, one at the south end where the new stoplight will be installed, and on onto Old Reserve Loop where there will be two full movements. As the bypass comes in there will be significant traffic from the west to the east and they want to have identifiers so the customers know when to turn to gain access to their center. In addition to the one freestanding sign that is allowed, they are requesting a smaller type 2 sign on Old Reserve and possible consideration for another sign at the corner of Highway 93 North and Old Reserve. There was lengthy discussion regarding condition #9 and the signage allowed v. the signage requested. Sorensen further clarified the signage calculations and the factors that deterinined the signs in the other developments in this area. . Graham felt this development was different from the others because it is on a corner of a major intersection. Sorensen said that was also looked at in the signage calculation and he explained further. Blumenstein stated they are not looking for a variance to the sign regulations and are agreeing to comply with the sign regulations for setbacks, height and distance from the highway. Young noted it appears there are two different interpretations of the sign code and he asked if the planning board will snake a decision or can staff and the developer meet again to come to an agreement. Jentz noted this is not an interpretation it is a policy statement that has been carried through all the development of the north of Kalispell and the board needs to decide if it is reasonable to continue with that policy in this situation. Further discussion was held. Mayre Flowers, Citizens for a Better Flathead, 35 4th Street West in Kalispell stated for the record that State law requires the city provide a meeting notice, along with the staff report 15 days prior to a meetins. which has been done. She cited the brovisions under Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 110 C, the Montana Constitution for the right to participation. In the case of this meeting the staff report was available on Thursday for a hearing on the following Tuesday which does not provide adequate time for the public review. She asked to the board to consider that as a policy going forward. Flowers said they would argue that the highest and best use for the City of Kalispell is that this property remains parkland, which is a scarce and important commodity. Flowers continued in order to protect the interest of the city and the city taxpayers we need to see some record of what kind of taxes have been coming from this leased property to cover services and to make sure that this condition is in place for this development moving forward as well. Flowers asked for clarification of the discussion of the MDT pond not being encircled by a chain link fence. She encouraged the board to support the city staff s recommendations on the signage. This corridor, because of the heavy traffic, has benefitted from the implementation of landscaping, sidewalks, and limited signage and she would encourage the board to continue that policy. Flowers noted under condition 11 c the requirement for sidewalks around the buildings are appropriate. It is problematic in some of the other developments not to have adequate sidewalks and with the intensity of the development being proposed it makes sense. Chris Parson, Vice President of the Kalispell Chamber of Commerce stated on behalf of the board and the chamber president Joe Unterreiner he wanted to express their support of the growth policy, zoning amendments, the PUD overlay zone and the subdivision approve for this project. The impacts to the economy with the first three phases have been significant and have been referred to as a regional center which is 18% of our economy and continuing to grow. Parson cited the positive impacts on the community, the collaboration with Kidsports and enhancing the future of the youth athletics, and also the new traffic light proposed in front of the college which will improve safety in this area. Roy Beekman, 182 Morning View Drive, Kalispell stated he is a member of the Kidsports Board and has been since its inception. They are fully in support of the growth policy amendment, zoning, PUD overlay and subdivision for this development. KidSports has been working with the developer ever since this project was started, they have been great to work with and he doesn't think there is anvthina that the developer wouldn't be willing to at least Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page111 discuss with city staff to reach an agreement. MOTION — GROWTH Regier moved and Pesola seconded a motion to adopt staff report ,,POLICY AMENDMENT KGPA-15-01 and recommend that the growth policy land use designation for the entire 28 acre site be "Commercial" on the Kalispell Growth Policy Future Land Use Map. ROLL CALL The motion was passed unanimously on a roll call vote. MOTION — ZONE CHANGE Regier moved and Pesola seconded a motion to adopt staff report KZC-15-01 and recommend that initial zoning of the 28 acre site be B-2 on the Kalispell Zoning Map. ROLL CALL The motion was passed unanimously on a roll call vote. MOTION — PLANNED UNIT Regier moved and Pesola seconded a motion to adopt staff report DEVELOPMENT & KPUD-15-01 and KPP-15-01 as findings of fact and recommend PRELIMINARY PLAT to the Kalispell City Council the PUD for Spring Prairie Phase 4 and preliminary plat be approved subject to the 30 conditions listed in the staff report. BOARD DISCUSSION Young asked about the question of the availability of the staff report and Jentz stated we always meet the 15 day meeting notice requirement but is not aware of any requirement that the staff report also be available 15 days prior to the meeting. For this 1 project approximately 45 days ago notices were sent out to the J adjoining property owners for the work session, which also included a notice of the public hearing tonight. Staff usually sends the packets to the board one week prior to the hearing, the staff reports are posted at that time and all application materials are posted on the website shortly after they are received in our office. Jentz noted if the city council wants to direct staff to change this process staff would entertain that request. Graham asked about the question of taxes on state land and Lorch said state trust lands are not taxed but as soon as the land is put to beneficial use they calculate taxes as though it is private land, based on the size of the parcel and the value of the improvements. The land owner isn't taxed but the beneficial user is and the city receives the same amount of benefits from these developments as they would if this was on private land. Karen Blumenstein briefly reviewed the changes they are requesting to the conditions. (See bulleted points above) Nygren noted staff has the following comments regarding the requested amendments or clarification of the conditions: Condition #6 — staff has no opposition to this change. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page112 Condition #7 — Nygren noted the city wants the retention pond fenced with landscaped approved by the Parks & Recreation Director and Public Works. Condition #9 — The sign request is for one type 3 sign along Highway 93 North, which is allowed within the condition, and a second type 2 sign that would be 12 feet high, otherwise complying with the sign code in terns of sign faces, that will sit along Old Reserve at one of the two full -movement intersections. There was lengthy discussion regarding the requested amendment to condition #9. Young asked, what is the potential precedent that the board may be setting to recommend allowing the additional sign on Old Reserve? Jentz said it could be any number of businesses asking for additional signage. Jentz added the board could state that they have looked at the situation at this location and then come up with findings why it makes sense. Young noted the property to the west is recreational and it is unlikely they would ever have need for a monument sign so allowing the sign would welcome the public to the commercial part of Kalispell. Blumenstein noted this development will be seeing a significant amount of traffic coming from west to east, when the bypass is completed. That is why they are focused on having a way finding tool at the future signal location on Old Reserve. Additional discussion was held. MOTION — .AMENDMENT Pesola moved and Young seconded a motion to adopt the CONDITION #9 amendment to Condition #9 as follows: "Signage for the development shall be calculated as a shopping center. Within that allowed area, signage for the development may include up to two freestanding signs - 1 single type 2 sign on Old Reserve, and 1 type 3 sign on Highway 93 as shown on the sign exhibit of the applicant's portfolio. All others provision relative to the sign code shall comply with Chapter 27.22 (Sign Regulations) of the Kalispell Zoning Ordinance." BOARD DISCUSSION Blumenstein said she is concerned it will diminish her capability to have signage elsewhere. Sorensen said using the calculation as a shopping center is the method staff used to arrive at the total amount of sign area for Mountain. View Plaza and Hutton Ranch. Where you may see some type of difference would be what the wall signage would be for the buildings or the use. It would however be an increase in what they would have for freestanding signs so it is a trade-off. Young suggested that they move forward with the motion as it Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 113 (was stated by staff) and the developer always has the option to go before city council for their consideration. Graham stated if the amendment would be a trade-off on other aspects of signage within the project that they could do before but now they can't do, he can't support the amendment. Young added they have been asked to vote on the signage issue without all the information however, he doesn't think the developer wants the project held up. Blumenstein stated it would be acceptable to her to have an amendment that reads: "Two freestanding signs and staff and the developer will work through the particulars of overall signage square footage on the site." ROLL CALL — CONDITION #9 I The motion, as amended by the board, passed on a roll call vote of three in favor and one opposed. BOARD DISCUSSION Condition #10.g — Nygren stated this condition would require the south side of the anchor lot nearest to KidSports to have some sort of entrance feature along it. The previous design, which is before the board, has a crossing by the truck turnaround and a sidewalk against a blank wall. With the current design and moving the sidewalk to the other side, and with the landscaping being added, that condition is no longer required. Staff recommended deleting condition #10.g. Condition #11b — Nygren said staff is ok with the amendments as long the 10 foot path is carried all the way along the retention pond. Blumenstein said a 10 foot path will not fit along the retention pond and it shouldn't be an obligation and then to find they would need a variance. They will work with Parks & Rec to resolve the issue when the width can be determined. Jentz said this is an evolving project and it is now significantly better than what the city started off with. With minor deviations such as this it can be handled in-house through the Site Review Committee, so a variance is not required. Further discussion was held and the condition was approved as written in the staff report. Condition Me - Blumenstein said she would work with staff on this condition and it was approved as written in the staff report. Condition #11e & d - Change "Prior to building permit" issuance to "Prior to certificate of occupancy issuance". Nygren said staff agrees with that amendment. Conditions #21, #24 & # 28 — Staff agrees to the amendments to all three conditions. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 114 ROLL CALL The original motion to approve the planned unit development & preliminary plat for TKG Spring Prairie Development Four, with the amendments to the conditions listed above, passed unanimously on a roll call vote. i BOARD MEMBERS Steve Lorch & Doug Kauffinan were reseated. RETURNED TO THEIR SEAT OLD BUSINESS: Flathead High School Parking District is going to city council for a work session on March 23, 2015. NEW BUSINESS: Jentz noted there will be a board meeting next month. The agenda will include an agency exemption from Flathead County for work on the historic jail/juvenile detention remodel. And the rules/bylaws of the Kalispell City Planning Board will be discussed. ADJOURNMENT The meeting adjourned at approximately 9:40 p.m. NEXT MEETING The next regular planning board meeting is scheduled for April 14, 2015 beginning at 7:00 p.m. and located in the Kalispell City Council Chambers, 201 lst Avenue East, Kalispell. 0 � l Ch Graha President APPROVED as submitted/corrected: "1 //15 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page115