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12-08-15KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING DECMEBER 81,2015 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 Pcsola, Matt Regier, Rory Young, Steve Lorch, and Karlene Osorio-Khor. Doug Kauffinan was absent. Jarod Nygren represented the Kalispell Planning Department. MOMENT OF SILENCE TO HONOR THE 14 AMERICAN VICTIMS OF THE SAN BERNARDINO, CALIFORNIA SHOOTING APPROVAL OF MINUTES Regier moved and Lorch seconded a motion to approve the minutes of the October 13, 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. SILVERMONT PROPERTIES Silvermont Properties LP, is requesting preliminary plat approval LP — SILVERBROOK for Phase 2 of Silverbrook Estates Development. Phase 2 was ESTATES PHASE 2 previously preliminary platted in March 2009; however the PRELIMINARY PLAT preliminary plat for Phase 2 will be expiring in March, 2016, necessitating the need for re -approval. Phase 2 includes approximately 167 acres which constitutes the remaining acreage north of the 325 acre Silverbrook Estates Development. The major subdivision would create 197 single-family lots, 90 townhouse lots and 18 commercial lots. Phase 2 lies at the southwest corner of the intersection of Highway 93 North and Church Drive. STAFF REPORT — KPP-15-04 Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report KPP15-04 for the board. Nygren noted Silverbrook Estates Phase 2 is part of the 325 acre PUD known as Silverbrook Estates. Phase 1 and Phase IA received final plat approval in 2008 & 2009, and Phase 2 was previously platted in March 2009. However the preliminary plat of Phase 2 will expire in March of 2016, and has exhausted its ability to be extended. The owner has now submitted a new preliminary plat for Phase 2. The application submitted is the same as submitted in 2009, and includes 167 acres, with 197 single- family lots, 90 townhouse lots and 18 commercial lots (13 for building and 5 for parking). Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page d Nygren reviewed the surrounding zoning and land uses for the board. The Growth Policy map designates the site as being within three different land use categories, neighborhood commercial; high density residential; and suburban residential. The land use designations were put in place to match the proposed uses when the property was annexed into the City and therefore comply with the land uses and policies contained in the growth policy. Nygren reviewed the preliminary plat of Silverbrook Phase 2 and said there have been a few changes, noted in the conditions of approval, which includes a future connection to the tract of land to the west and a park connecting the townhouse use to the commercial use along the highway. He also reviewed the phasing plan for the remainder of the subdivision. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP15-04 as findings of fact and recommend to the Kalispell City Council that Phase 2 of Silverbrook Estates be approved subject to the 46 conditions listed in the staff report. BOARD DISCUSSION Osorio-Khor asked for clarification on the location of the, park area that is proposed in the commercial part of the subdivision. Nygren said additional parkland is required that would provide a connection into the commercial area to the north of the townhouse area. Nygren explained further. Graham asked about condition #12 regarding the private irrigation water mains placed within the 10 foot utility easement and Howard Mann explained there is a well house in the northeast section that irrigates the entire subdivision and the main lines ran down Silverbrook Drive. This condition is addressing the irrigation of the trees along the boulevard strips, which are in the city right-of-way but our maintained by the HOA. Graham noted the conditions address the waiver of protest for an SID for Church Drive and he asked if Church Drive is a city street. Nygren determined that Church Drive is owned by the developer and the southern half would be dedicated to the city and that the City Attorney thought it was appropriate to leave that condition in the staff report. Graham said Condition #34 requires that a note be placed on the final plat that states `Be aware that an existing arena and race track are located to the north of the subdivision. Noise generated by the arena and race track may be heard from your property." Graham asked whether this is something the city should be addressing? Nygren said the note on the plat would notify potential owners of the noise that could be generated. Graham said these are seasonal activities and when the developer is trying to Kalispell City Planning Board Minutes of the meeting of October H, 2015 Page f 2 market these properties in the winter how would a potential buyer gauge how much noise would be generated. Osorio-Khor added perhaps the placement of the note on the plat would protect the developers because we live in such a litigious society someone could buy the house then say that they were not told about the noise issue. Nygren noted it is on the plat for informational purposes and is not a requirement, as is the note for the agricultural purposes. Graham mentioned a quotation mark was missing on condition #29 and Nygren said it belongs at the end of the condition, after the word doors." Lorch asked for clarification on condition#6 that requires a zone change for lots 33 — 40 from R-4 to R-2 and he asked if this is a change from the original submittal for Phase 2. Nygren said those lots were originally planned as townhouse lots and the developer wanted the option to make them single-family to mesh with the rest of the development in this phase. Nygren added this change along with the additional park requirement noted previously were considered minor and were approved by the site review committee. Graham asked if condition #29, which is the recommendation of incorporating acoustical architectural measures for houses facing the highway, was part of the original submittal of this phase and Nygren said yes, it was a recommendation by MDT. Graham asked if the intent is to recommend these measures and Nygren said no, it is a condition and would be required, however if the board feels the change of the word should to shall is warranted, it can be amended. Graham said he doesn't think it should be a condition but decided on by the developer or owner before construction. PUBLIC HEARING I President Graham opened the public hearing. Howard Mann stated that they would prefer condition #29 be a recommendation not a requirement, but up to the individual homeowner who builds on those lots. Graham asked Mr. Mann about condition #34 that mentions the noise from the arena and race track and if the developers wanted this condition to inform potential buyers. Marvin Galts said in reference to condition #34 he sees it as a notification to the purchaser so at least if it is there they have been made aware of it. Graham asked if Mr. Galts would see that as a benefit to them and Galts said yes. Osorio-Khor asked if there was an additional road added to the west and Mann said no, this is the original PUD and preliminary Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page13 plat. Nygren said there is a provision for a connecting frontage road to the west if that tract were to be developed, recommended by the Public Works Department. Nygren said the easement would be dedicated to the city and there could be a potential for a loss of two lots if the connector is required in the final design. MOTION Regier moved and Young seconded a motion to adopt staff report KPP15-04 as findings of fact and recommend to the Kalispell City Council that Phase 2 of Silverbrook Estates be approved subject to the 46 conditions listed in the staff report. BOARD DISCUSSION Young informed the board that notes on the final plat are no longer being accepted by the County Clerk & Recorder and they may find that they cannot record the plat with the notes included. Young said they can, however, be included as conditions of approval in the staff report. Young agreed that the notes protect the developer to a certain extent. Graham questioned the need for the note under condition #29 if it is just a suggestion and Young said this is a pass through suggestion from NOT that there should be some soundproofing on the walls that face the highway. He added it would then be up to the developer to decide whether they pass that on to the lot owners. Young said even if it was changed to shall there probably isn't an ordinance that would require it. Pesola asked if there is another mechanism in which the MDT recommendation could be passed on, without including it as a note or into the conditions. Nygren suggested adding those items into the covenants. Lorch said he hadn't heard that the County Clerk & Recorder is resisting the placing of notes on the plats because there isn't a clean way to pass this information onto the potential buyers and be sure the conditions stay with the plat. Eric Mulcahy, Sands Surveying said two sessions ago the Legislature changed the rules for how surveyors and engineers prepare and file flats. It came about because every county in the state was doing it differently and some were essentially putting a book on the face of the plat. The surveyors said what they are certifying and putting on the plats is essentially the description of the piece of property where the boundaries are being amended, not certifying that the roofing materials on a house are fire resistant, for example. Mulcahy said the compromise would be that an addendum would be attached to the back of the plat, a separate sheet, that would then get filed. Mulcahy added Flathead County has not yet changed what can be on the plats. Mann noted condition #29 was recommended by MDT before Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 14 saw the extent of the berms and pathways along the highway which has alleviated a majority of the highway noise. Mann doesn't feel there is even an issue anymore. MOTION — AMEND Lorch moved and Osorio-Khor seconded a motion to amend CONDITION # 29 condition #29 to read, " The following note shall be placed on the final plat: Builders of homes on Lots 357-363 of Block 31 and lots 305 and 334 of Block 29 should consider incorporating ......." (The remainder of the condition wording would not be changed). BOARD DISCUSSION Lorch noted that would allow them to be standing out on their site and determine whether the amount of noise would warrant using the measures. Young agreed with the change. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION Graham asked if condition #22, which requires Silverbrook Estates to add the 9 recommendations from MT Fish, Wildlife and Parks regarding minimizing wildlife attractants such as garbage, fruit trees and bird feeders, is also part of the original plat. Nygren said yes. Graham noted he didn't think the city should dictate to the HOA what should be included in their covenants. Discussion was held regarding the existing covenants for the subdivision and whether or not these suggestions are currently in place for the first phases of the subdivision. Osorio-Khor did not think the recommendations were onerous. MOTION — DELETE Graham moved and Pesola seconded a motion to delete Condition CONDITION #22 #22. BOARD DISCUSSION Pesola suggested these recommendations could be posted on a public bulletin board in their open space and there are other ways the community can be made aware of them. He also has a hard time requiring that the covenants be changed to add them. Lorch said they won't have to change their covenants if this was an original condition of Phase 2. Mann said they already comply with these recommendations in Silverbrook, as far as he is aware. Young noted that the city's regulations state that the planning staff is required to consult with any entity that they feel appropriate. The planning board, in making the decision, should consider the effects on the natural environment and on wildlife and wildlife habitat. Young said that is what we are mandated to do and if MT Fish, Wildlife and Parks, as a governing agency, have suggested that this is what is imputed he would say an appropriate place for these recommendations would be in the covenants. Nygren noted they could also amend the covenants for the first phases, if they Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 15 are not already included, so it would cover the entire subdivision. Osorio-Khor agreed that Young has made a sound point, although she understands Graham's point -of -view. In this case she said she would not be in support of the motion to delete condition #22. She added the developer should receive copies of any letters received from any government entity that pertains to their subdivision. Mann noted they are in the process of reviewing their CCR's and they could incorporate the recommendations when they receive a copy of the letter from MT Fish, Wildlife and Parks with the 9 recommendations listed. Lorch said the recommendations could be added to the CCR's or on the final plat or as an addendum that would be attached to the final plat; however he agrees that the CCR's is the appropriate place. Regier said there are things in the CCR's that fall under the city's jurisdiction such as signage or height but paint color and birdfeeders are not within the city's jurisdiction. Further discussion was held. ROLL CALL I The motion failed on a roll call vote of 3 in favor and 3 opposed. MOTION — DELETE Graham moved and Pesola seconded a motion to delete Condition CONDITION #32 932, which states: "The following note shall be placed on the final plat: Property owner(s) shall waive their right to protest the creation of a special improvement district for sanitary sewer upgrades which will serve the subdivision." BOARD DISCUSSION Graham said this condition was removed from a previous subdivision — Beehive Homes — because the city collects impact fees that are used to pay for the west side interceptor. The city council was clear in there discussion that if the fees were insufficient through impact fee collection the cost would fall back on rates. Further discussion was held. Young stated he felt removing condition #32 should be a decision by the city council and not a board recommendation. Young added if the city council removes this condition the council should instruct the planning staff not to include conditions such as this in the future. Osorio-Khor agreed this should be a council decision. Pesola stated he doesn't like waivers either and thought it would not be difficult to contact citizens in the future if upgrades needed to be made. Young suggested that if the EPA changed the rules Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 16 and you have a waiver it gets applied equally to everyone, and the property owners would be aware that it is a possibility in the future. Graham agreed this should be a decision made by the city council. Lorch suggested that the board perhaps obtain additional information on waivers to better understand the issues. ROLL CALL The motion failed on a roll call vote of 2 in favor and 4 opposed. ORIGINAL ROLL CALL The original motion, as amended, passed unanimously on a roll call vote. OWL CORPORATION — OWL Owl Corporation is requesting a preliminary plat approval for a 3- VIEW PRELIMIANRY PLAT lot major subdivision of 4.082 acres within West View Estates. The land use of the three lots has not been determined at this time. Owl Corporation is requesting to utilize all municipal public services including water, sewer, police and fire services. The subject property to be subdivided is located along an unnamed street, approximately 130 feet west of Taelor Road and north of Old Reserve Drive. STAFF REPORT KPP15-03 Jarod Nygren, representing the Kalispell Planning Department reviewed staff report KPP15-03 for the board. Staff noted some corrections to the staff report conditions of approval which included changing the language from "prior to building permit issuance" to "prior to final plat" on Page 6 and moving and renumbering some of the conditions. Nygren reviewed the proposed subdivision location and the zoning of the subdivision and the surrounding area. The growth policy designates the property as high density residential which anticipates condominiums, apartments and low intensity commercial land uses. The preliminary plat is consistent with the subdivision regulations, the zoning and growth policy. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP 15-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Owl View Subdivision be approved subject to the 17 conditions as amended. BOARD DISCUSSION Young noted the board has reviewed this property before and Nygren said in 2013 there was a zone change submitted for this property which resulted in the current RA-2 and R-3 zoning which was less intensive than their requested RA-3 and R-5 zoning. Lorch noted the board also reviewed the Owl View Townhomes in this area, where infrastructure is currently being built. Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 17 PUBLIC HEARING Eric Mulcahy, Sands Surveying, 2 ViIlage Loop, Kalispell reviewed the staff report and indicated the developer is comfortable with the recommended conditions, with the noted amendments. Mulcahy noted the owner Mark Owens, owner of the Owl View property is also present, should the board have any questions. MOTION Lorch moved and Young seconded a motion to adopt staff report KPP15-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Owl View Subdivision be approved subject to the 17 conditions listed in the staff report, as amended. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: Nygren updated the board on the casinos text amendment approval by city council. He said the outcome is that casinos are permitted only in the B-5 zones, with the 600 foot minimum spacing requirement. NEW BUSINESS: Nygren noted currently the only agenda item scheduled for the January meeting which is a request for a conditional use permit to operate the "Assist Center" which would be a transitional facility for people leaving the hospital but not quite yet ready to go home. The center would be located at 1280 Burns Way. ADJOURNMENT The meeting adjourned at approximately 8:30 p.m. WORK SESSION: No work session was held. NEXT MEETING The next regular planning board meeting is scheduled for January 12, 2016 beginning at 7:00 p.m. and located in the Kalispell City Council Chambers, 201 1 "Avenue East, Kalispell. i VOILLV11L APPROVED as submitted/corrected: { I 1 a 116 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 18