Planning Commission backs North Meadows preliminary plat and grants three variances

The Kalispell Planning Commission on Nov. 12 voted to recommend approval of the North Meadows preliminary plat (KPP‑25‑04) and to grant three variances requested by the applicant Roger Foley. The proposal covers roughly 12 acres and would create 44 townhome lots (22 parent lots) with access via an extension of Bluestone Drive and a single dead‑end road.

Staff described the variances sought: (1) reduce the standard 200‑foot setback from Ashley Creek in limited areas to approximately 100 feet based on site‑specific geotechnical analysis; (2) allow a longer dead‑end cul‑de‑sac of about 870 feet where the code limits 600 feet; and (3) increase block length to roughly 900 feet where the typical maximum is 600 feet. PJ (staff) said the proposal includes geotechnical work (Alpine Geotechnical, July 2025; addendum 10/30/2025) concluding basements are not recommended, that hydric soils were not present on borings, and that a minimum 30‑foot setback from slope crests would be preserved to maintain slope stability.

Neighbors at the public hearing urged the commission to deny any reduction of the 200‑foot setback. Jacqueline Pipolo and Ricky Moffett cited City of Kalispell ordinance 17‑07 and described documented landslides and the impaired status of Ashley Creek, arguing that the 200‑ft buffer is necessary to protect water quality, riparian habitat, and adjacent property. The applicant’s engineer, Toby McIntosh, and Alpine Geotechnical representatives were present to explain the site constraints, the geotechnical findings, and mitigation measures; he and staff noted the fire department reviewed the plan and supported the proposed layout (including residential sprinklers where required) because it provides adequate fire protection despite a longer dead‑end road.

Commissioners discussed the standard variance criteria (public health/safety, unique physical conditions, undue hardship, public cost) and asked about alternatives for road alignment and lot configuration. Staff and applicants emphasized the property’s infill and topographic constraints and that strict application of the standard would effectively render the site undevelopable or require encroachments into the creek setback. After deliberation the commission adopted staff findings and recommended approval of the preliminary plat and the three variances, forwarding the item to City Council for Dec. 1 consideration.

Technical and permitting notes: required parkland dedication is 0.03 acre/unit (1.32 acres for 44 lots); staff said the plat identifies about 6.25 acres of common area/open space but noted parts are not well suited to active park use. Fire protection requirements include installation of hydrants and, because there are more than 30 homes on a single access, residential fire sprinkler systems in homes under the fire code. Stormwater, sewer (private lift station), and water extensions will be subject to engineering review and conditions.