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09-13-05U KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 13, 2005 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 7:00 p.m. Board members present were: George Taylor, Timothy Norton, John Hinchey, and Rick Hull. Bryan Schutt, Bob Albert and Kari Gabriel were absent. Narda Wilson represented the Kalispell Planning Department. There were approximately 8 people in the audience. APPROVAL OF MINUTES Hull moved and Hinchey seconded to approve the minutes of the August 9, 2005 regular planning board meeting. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC Bill Boger, 2512 Mission Trail, representing Thomas, Dean &v Hoskins and the new owners of Autumn Creek, Lee & Linda Hershberger. Boger noted that this project is a continuation of the June 14, 2005 planning board meeting and per their recommendations they have made several modifications to the subdivision. The zoning has been changed from an R-3 to an R-2 zoning; FEMA said that they expect to have final comments or recommendations to them tomorrow (9/14); a park area was added to the subdivision with a walking path along the wetland area; they met with Flathead County Road Superintendent Charlie Johnson in the field and discussed improvements to Hathaway Lane and Johnson recommended widening Hathaway Lane to 24 feet and shoulder work to the intersection with Highway 2. They also met with representatives of DOT in the field who recommended adding a right-hand turn lane for westbound traffic on Highway 2 turning onto. Hathaway Lane. Boger added that correspondence has been made with the DOT R/W individuals for beginning the process of acquisition for the triangle piece of the bypass in the northeast corner of the property. Boger said that at the request of the planning board they have shown that triangle on the plat as well as the existing floodplain and the proposed floodplain. Hinchey asked what the Hershbergers are planning to do with the suggestions made by the County and State. Boger said that they are ready to fully comply with the recommendations by both the County and the State and work closely with them through the design process. Hull asked if the 2 townhouse lots will be big enough for townhouses after the R/W acquisition has taken place for the bypass. Boger said that the townhomes will fit in those parcels and noted a potential footprint for the lots. Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 1 of 13 Brenda Profitt, 100 Hathaway Lane, said that she appreciates the effort to accommodate the growth in the city and valley and tying into city services is a great option because it is much better than having more septic systems and wells. Profitt said she is not against development but what she does question is the safety of putting 25 more residences on a dead end road with the only way to get anywhere is to use Highway 2 West, an extremely dangerous highway with a steep grade and speeding vehicles. She and her kids drive it every day. There has been a lot of thought put into the subdivision but people need to look at public safety - the safety of the residents of this subdivision and the neighbors. Joan Gross, 40 Hathaway Lane presented a letter to the Board, which she read. A copy is attached to the minutes. She cited concerns associated with the density, traffic, transportation systems, wetlands, green space and neighborhood character. Larry Parsons, 92 Hathaway Lane stated that he has 7 acres and a house for sale that has been on the market 4 months and he has showed it 5 times. It is a beautiful riparian area with unbelievable wildlife. With a proposed bypass across the road, and with this proposed subdivision what he sees is the potential for further development in this area that may not be approved due to the need for upgrading the roads not only to accommodate this particular subdivision. Parsons has another 2 acres on Hathaway Lane, 6 acres on the bypass and there are other people in the area who may want to develop their property. They have all been residents there for 10, 15, 20 years and someone who has owned this property for 2 months is going to come in and make a killing at the expense of all of the other landowners. Parsons said the road safety is the biggest thing and as they move on the next people will have to be provided for. Since 1992 he has seen 15 really nasty accidents on that hill. He was personally hit in the back end of his truck by a logging truck and pushed into his neighbor's yard. Parsons described the dangerous conditions and situations that he has witnessed in the past. Let's take care of this intersection and provide for the future. They may even be interested in some of his property to tie Hathaway into Two Mile Drive. Parsons agreed with Gross in keeping the character of the neighborhood instead of mass, cluster development. Taylor noted that the Board also received a letter from Lyle Bartlett regarding Autumn Creek, an adjacent property owner. He has concerns about traffic, the wetlands and density. A copy of the letter is attached to the minutes. Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 2 of 13 TED SCHLEGEL ZONING A request by Big Sky Properties on behalf of American ORDINANCE TEXT Capitol aka ACG Kalispell Investors, LLC, for an amendment AMENDMENT to the Kalispell Zoning Ordinance to allow light assembly in the B-3, Community Business, zoning district. This amendment could potentially affect all properties in the Kalispell zoning jurisdiction, i.e. the Kalispell city limits, that are zoned B-3. Taylor asked that if anyone present or any members of the Board would like for him to recuse himself from this discussion because he is a trustee for the Flathead Electric Cooperative and ACG has sued the Coop for a substantial amount of money. Taylor said that he does not have a personal or financial interest in that litigation and he does not have any bias one way or another in relation to this text amendment or against ACG. No one voiced any objection to Taylor's participation in the public hearing. STAFF REPORT KZTA-05-6 I Narda Wilson, of the Kalispell Planning Department reviewed the staff report for the board. Wilson noted that since the application was submitted the tenants have decided to relocate to another area, however the owners of Gateway West Mall have decided to move forward with the proposed amendment to attract a wider variety of tenants. Even though this amendment was sprung from a particular property it would apply to any property in Kalispell zoned B-3. Staff is recommending that this amendment be applied to B-2 districts as well as a conditionally permitted use. Staff is recommending that the planning board adopt Staff Report KZTA-05-6 as findings of fact and recommend to the City Council that text amendment to allow light assembly as a conditionally permitted use for both the B-3, Community Business, district and B-2, General Business, district, be approved. Wilson added with a conditional use permit the Board and City Council could look at any proposal on a case - by -case basis to determine if it would be appropriate for the location, assess the impacts and impose any conditions that might be appropriate. QUESTIONS BY THE Taylor asked if the staff anticipated any adverse impact in BOARD terms of the raw materials used for the assembly or the finished product, and would there be the storage or stacking of items outdoors. Wilson noted that light assembly would involve the assembly of small component parts which typically would not include significant outside storage. Norton read the definition of light assembly from the Kalispell Zoning Ordinance for those in attendance. Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 3 of 13 PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Ted Schlegel, Big Sky Properties, 1045 South Main, stated that he is representing ACG and wholeheartedly supports the staff recommendation of expanding into the B-2 districts in addition to the B-3 districts. He said that light assembly is a good clean industry which brings good paying jobs to the area. There is a limited amount of light industrial in the City of Kalispell and he is in favor of the amendment. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt Staff Report KZTA-05-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the text amendment to allow light assembly as a conditionally permitted use for the B-3 (Community Business) and B-2 (General Business) districts be approved. BOARD DISCUSSION Norton reviewed the permitted uses in the B-3 districts and said that he felt that some of them were already light industrial uses. He doesn't feel that this amendment is out of character with the zoning district at all. Norton said that the zoning ordinance should state what they don't want in a district rather than what would be allowed. Taylor agreed. Hull said that they ran into trouble with the document storage text amendment in B-4 districts and wondered if they would run into trouble with this amendment in the B-2 and B-3 zones, or would the fact that this would be a conditional use make a difference. Hinchey asked how far the notices went to the B-2 and B-3 community. When something like this occurs that is going to affect everyone in that zoning district in the city, shouldn't the notices go out to all the businesses in those districts? Wilson said that would be far too cumbersome and expensive for the planning office to undertake and therefore they rely on the press, the people reading the legal notices in the newspaper and to a certain extent the planning board to make good decisions for the community. Hinchey said that this seems like a good fit for the B-2 and B-3 districts. The fact that it is conditionally approved gives them quite a bit of control. Wilson said that a conditional use permit will require the notification of adjoining property owners for each application, those who would be directly impacted. Taylor noted that under B-5 it does say light assembly of Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 4 of 13 small component parts and asked who makes a decision that it would be ok for B-5, why wouldn't it be ok for B-3. Wilson said that there are different zones in the community that separates different incompatible uses and the B-5 zones are mostly located around the old railroad tracks and have been traditionally used for non -retail uses. Those areas are typically more "blighted" than other areas of the community. Taylor said that it would seem to him that light assembly of small component parts could be a fit in more than a B-5 industrial area. Wilson agreed. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: AUTUMN CREEK Annexation with an initial zoning designation of R-2, ANNEXATION & INITIAL Suburban Residential, on approximately 8.694 acres. ZONING, PRELIMINARY PLAT & CONDITIONAL USE A request for preliminary plat approval of Autumn Creek PERMIT Subdivision, a 21 lot residential subdivision consisting of 17 single family lots and 4 townhouse lots. A request for a conditional use permit to allow the creation of 2-two unit townhouse lots for a total of 4 townhouses within the proposed Autumn Creek Subdivision. STAFF REPORTS, KA-05- Narda Wilson, of the Kalispell Planning Department reviewed SA; KPP-05-9A; & KCU-05- the staff reports for the board. 6A Wilson noted that this proposal came before the planning board in June, which was continued to deal with density, road/ safety issues, some unanswered questions about the bypass, and issues regarding the impacts to the riparian area. In the interim Wilson met several times with the previous owner Michael Javorka and the engineer and the Flathead County Road Superintendent Charlie Johnson on site to discuss Hathaway Lane and some of the issues related to the subdivision. As a result of that the Javorkas' sold the property to the Hershbergers' who have essentially bought into the redesign of the subdivision which reduces the density from an R-3 zone to an R-2 zone, which has a minimum lot size requirement of 9600 square feet, reduced the density from 27 to 21 lots with 17 single family lots and 2-2 unit townhouse lots. Additionally a small park area was identified with a walking trail that goes along the riparian area. Primary access to the subdivision is via Hathaway Lane. Highway 2 West is a federal highway managed by MDOT and when they were contacted regarding the Hathaway and Highway 2 interface their initial response was that they did not believe that there was a problem at this intersection. The Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 5 of 13 developer has proposed a right-hand turn deceleration lane going west, which MDOT has indicated that they are receptive to those improvements. Additionally, it was agreed that improvements to Hathaway would include the widening of that intersection approximately 150 feet back from the intersection of with Highway 2 along Hathaway and improving Hathaway in front of the subdivision which would be widened to 24 feet and improving the shoulders. Charlie Johnson felt that those were sufficient improvements to address those concerns. Wilson said that most of the traffic is going to be turning east going into Kalispell or coming out west turning into the subdivision. The deceleration lane for westbound traffic is going to address the safety from that angle. Wilson said that she is not sure that there is any mitigation to be done other than widening of that road and doing the improvement to Hathaway to address traffic that is eastbound trying to make a left hand turn onto Hathaway. The Fire Department doesn't require a secondary access to this subdivision for fire safety concerns and a letter provided by Fire Chief Randy Brodehl states, "provided you meet the requirements of the Autumn Creek Subdivision" preliminary plat review memo, from this office to Narda Wilson dated June 2, and those conditions have been incorporated into the recommendation. Kalispell Fire Department will be capable of providing adequate fire suppression and emergency medical response to the residents of Autumn Creek Subdivision regardless of the current dead end status of Hathaway." Wilson would caution the Board in second- guessing the judgments of the professional fire and emergency response people that are on staff. Wilson said that granted there are concerns that the neighbors have but they need to rely on what the Fire Department tells them. Wilson said that there is a letter included from Dan Walls - R/W Field Representative for the MDOT that indicates that the bypass corridor is clearly defined. It was shown on the preliminary plat; there is a condition in the recommendations that requires that this portion of the R/W be created as a separate parcel outside the subdivision, not made part of those lots, for the future acquisition of that property by MDOT for the bypass. As an aside, MDOT would never allow a secondary access through that bypass corridor either over to Corporate Way or to Greenbriar, even on a temporary or emergency basis. Wilson continued that everyone is concerned about the integrity of that wetland area and that it not be compromised. The 100-year floodplain noted on the FEMA map is what is referred to as a non -detailed study area and when you go out and look at what is on the ground, the Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 6 of 13 floodplain that is shown on the FEMA map is basically not where the actual creek area is. Wilson said that the floodplain and subdivision regulations do not allow the creation of lots in the 100-year floodplain. The developer is required to do a flood study, submit it to FEMA to determine where the flood area is, and no lots or building pads would be allowed to be created in that 100-year floodplain. Wilson said that when there is some work done to the culvert that crosses under Hathaway, which obviously there will be, the developer and his engineer will have to get a 310 permit from the Flathead Conservation District before they can even move a shovel of dirt. Wilson said she believes that the developer has done what they can to address the density with this subdivision and the safety. If this subdivision is not approved the board is signaling to other people in the area is that this is an area that is not appropriate for development with urban services. The staff strongly supports this subdivision and would encourage the board to adopt the initial zoning of the property upon annexation to City R-2 (Suburban Residential) district. The second recommendation is for approval of the 21 lot subdivision and a recommendation of approval to the Kalispell City Council of the preliminary plat of Autumn Creek, as amended and subject to the conditions outlined in the staff report. Also staff is recommending approval of the conditional use permit that allows the creation of the two -two unit townhouses and recommend to the Council that it is approved subject to the conditions that are outlined in that report. BOARD DISCUSSION Taylor asked if the floodplain encompasses lots 13 - 19. Wilson showed the area on the map and explained that a flood study needs to be done so that it can be determined where the base flood elevation is located. Taylor said if FEMA defines the floodplain which coincides with the plat does that mean that lots 13 - 19 will not be built on. Wilson said that means that those lots will no longer be in the floodplain. Wilson added that a condition is included that states that no lots will be sold, or pre -sold until the FEMA report is received. Norton noted that the letter from Dan Walls basically says yes they know the property is in the bypass area, and yes one day they are going to acquire it. Lots 5A 8. 5B are listed as .25 of an acre and he assumes that includes the area that will be taken by the bypass. Wilson referred the board to Condition 12, which addresses the bypass area. Boger said that the acreage included on the plat for the townhouse lots does not include the area that will be acquired by MDOT for Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 7 of 13 the bypass. Norton said that they met with Charlie Johnson regarding the shoulder work and widening of Hathaway Lane, MDOT was doing a deceleration lane and asked if Conditions 13 8b 14 are going to have to be met as a condition of approval for the subdivision, or are those that it was discussed and they see a need for it and who knows what is going to happen. Wilson said it was her understanding that those were the conditions that would be imposed. Wilson suggested that Condition 14 be amended to include language that includes a requirement for a deceleration lane for westbound traffic on Highway 2 West along with the widening of the approach along Hathaway Lane. Norton said that this developer will absorb the costs. Wilson suggested adding language to Condition 13 that would require the widening of Hathaway Lane for approximately 150 feet from Highway 2 West to the north to a minimum of a 24 foot wide width, along with any appropriate shoulder work. Hinchey said that he is still troubled by the traffic and safety issues because of the hill. Half of it has been addressed with the right turn lane on Highway 2. The left turn issue with traffic barreling down the hill is what still bothers him and he doesn't see that being addressed. Wilson said that this is something that each of the Board members will have to judge for themselves. The staff is recommending approval and there are safety and traffic issues all over this County and this is one instance. If the growth doesn't happen here it will happen somewhere else. There are some inherent risks that are associated with development and the Board needs to determine whether that risk is acceptable or not. Norton asked when they extend sewer and water to the additional lots if one of the property owners to the west of Hathaway Lane want to tap into that is there an easement that would allow them to do so. Wilson said that the sewer and water would be taken from Greenbriar across the bypass corridor, they are getting an easement from MDOT and then it would be taken from the furthest western -most boundary of the subdivision - to Hathaway, within that new roadway R/W and would then be accessible to the property owners to the west. Hull said he has the hope that if another developer would come to this area the planning office would request a secondary access, probably to Two Mile Drive. Hull said he was speaking in favor of a grid system. Hull added that development should be limited in this area until there is another access in and out. Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 8 of 13 i 0_- MOTION - ANNEXATION Norton moved and Taylor seconded to adopt Staff Report KA- 05-8A as findings of fact and, based on these findings, recommend to the Kalispell City Council that the annexation with an initial zoning designation of R-2, Suburban Residential, be approved. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION - AUTUMN CREEK Norton moved and Hull seconded to adopt Staff Report KPP- PRELIMINARY PLAT 05-9A as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat of Autumn Creek Subdivision be approved subject to the 22 conditions listed in the Staff Report, with the following amendments: Condition # 13: That a letter be obtained from Flathead County Road Department stating that the proposed accesses onto Hathaway Lane have been reviewed and approved with the following improvements: The developer is required to widen Hathaway Lane for approximately 150 feet from Highway 2 West to the north to a minimum of 24 feet, along with any appropriate widening of Hathaway Lane and shoulder work adjacent to the property. Condition # 14: That a letter is obtained from the Montana Department of Transportation reviewing the Hathaway Lane approach onto Highway 2 West and the impacts associated with this subdivision. With the approval from MDOT the developer is required to install a deceleration lane for westbound traffic on Highway 2 West. The improvements shall be completed prior to final plat submittal and a letter from MDOT shall be submitted stating the required improvements have been satisfactorily completed. BOARD DISCUSSION Hull asked if in the past they were required to meet the requirements of MDOT, or is this different. Wilson said the developer and his engineer approached MDOT and said that they would like to make some safety improvements to this intersection by doing a deceleration lane for westbound traffic to allow a smoother right hand turn off the highway onto Hathaway Lane. The letter from the MDOT essentially says they would consider improvements to our system, give us a proposal and we will review it and let you know if it is acceptable. Wilson said that the MDOT would probably not require those improvements but the planning board can. The planning board would be giving the neighborhood the additional assurance the improvements will be required and won't be something that after the plat is approved they decide maybe they don't want that extra expense. Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 9 of 13 C�> Taylor said that the buck has to stop being passed and he is still bothered by the safety issues. Taylor added that it isn't good enough for him. Hinchey said that he would like to echo those thoughts. This is a much better proposal than they had before, but he is still really troubled by the traffic. He feels they are putting the cart before the horse by putting the density in and then hoping that everything works out. Norton said that he echoes the concerns and he wishes that they could do more. He just doesn't see any alternatives at this time. The developer has come to the table with a proposal, trying to make improvements to the best of their ability and within their financing to make this project feasible. Sewer and water extension will benefit the neighborhood, and the widening of Hathaway will be a benefit. He agrees that there is a problem with the highway access but he doesn't know how to address it at this time. In the future when they have other landowners who want to subdivide it should be made a condition at that time to share the burden. Hull said that even though there are problems he doesn't see it any worse than other areas around the city. ROLL CALL The motion failed on a vote of 2 - 2 with Hinchey and Taylor voting in opposition. MOTION - AUTUMN CREEK Norton moved and Taylor seconded to adopt Staff Report CONDITIONAL USE PERMIT KCU-05-6A as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit to allow the creation of 2-two unit townhouse lots for a total of 4 townhouses within the proposed Autumn Creek Subdivision be approved subject to the 22 conditions as amended above. BOARD DISCUSSION Norton said that density is the major issue here and he thinks that the developer can recoup their fees without doing townhouse development in this area. If we are concerned about traffic and safety if we eliminate two households we are helping to alleviate that problem. Norton said that he is voting no on the conditional use permit. Hull noted that there were 10 townhouses originally, now there are only 4 in what he considers sacrifice area, which is the area adjoining a busy road. ROLL CALL The motion failed on a vote of 1 - 3 with Hinchey, Taylor, and Norton voting in opposition. Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 10 of 13 NEW BUSINESS: I LIGHTING STANDARDS TEXT AMENDMENT Q� 0 Wilson noted that a problem was found with the way that the cutoff was described in those standards. We talked about a 70 degree cutoff and what they found was that those lights are really hard to find. A more traditional cutoff is at about 80 degrees and what they would propose is bringing an amendment to the board that changes that cutoff - it still requires a full cutoff lens, but it would increase that cutoff from 70 to 80 degrees. Wilson said that another consideration is part of the sacrifice with the 70 degrees was a 30 foot tall light pole. By allowing that increase in the horizontal distribution they would like to decrease height from 30 feet to 25 feet. Both of these amendments would be scheduled for the October 11, 2005 Meeting, with the board's permission. No one objected. HIGHWAY 93 SOUTH GROWTH POLICY AMENDMENT, KGPA-05-1 Wilson said that based on the work session that they had with the County, and a couple of other work sessions that were held they have come up with a draft Highway 93 South Growth Policy Amendment. Wilson distributed copies of the draft along with a cover memo. The most critical area to address is the area that goes down to Rocky Cliff Drive that includes Old School Station. Further discussions should be held between the City and County planning boards, along with the Lakeside Sewer District to discuss the growth and a growth policy for the area down to Highway 82. Wilson added that this could be part of both the Kalispell and Flathead County Growth Policies and it could be addressed in phases as development occurs. Wilson reviewed the amendment for the board and noted that they would like to take this to public hearing October 11, 2005. Wilson suggested adding a recommendation to read: "The City will coordinate and facilitate a neighborhood meeting with the property owners between Four Corners and Rocky Cliff Drive to discuss the implication of the extension of public services to this area." There was discussion whether a neighborhood meeting should be held before the public hearing with the planning board. Wilson noted that it would not be possible based on the neighborhood meeting being part of the implementation of the plan and the schedule that has been setup for review Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 11 of 13 \�1 O by the board and city council. The following amendments were discussed: Add a goal: "A phased approach to the expansion of the potential utility service area would be coordinated between the inter -governmental bodies as well as the community." Add a policy statement: "Ensure that there is a well informed public and property owners along the corridor regarding the implications of the extension of public services to that area." Add a recommendation: "To continue working on a phased approach to the expansion of the potential utility service area with the Lakeside/ Somers inter -governmental parties as well as the local community." Further discussion was held regarding the property owners who would be notified of the public meeting, the schedule of review and meeting dates, and the joint meeting that was held with the County planning board. Wilson agreed to send another copy of the amendment with the changes discussed above to the board as soon as possible. OLD SCHOOL STATION SID & TIF DISTRICT Jentz notified the planning board that they would be receiving a request for a determination that the Old School Station TIF District was in compliance with the Growth Policy at the October planning board meeting. Jentz presented an overview of the Old School Station project including the creation of the SID and TIF districts. Jentz indicated that a public hearing could be held before the planning board concerning the creation of the TIF district. Planning Board members generally indicated that there was no statutory requirement to hold a public hearing and they felt that it was unnecessary given their workload and their limited involvement in the TIF process to date. REDEVELOPMENT INCENTIVES & SIGN REGULATIONS Norton said that he had spoken to one of the council members with regard to the redevelopment incentives and the council member plans to get that on the agenda for the council to review. Taylor mentioned that someone should be at that meeting. Wilson said that this is scheduled for the work session after the regular meeting on October 3rd. Wilson will let the board members know. Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 12 of 13 Wilson also mentioned that there is a work session after the regular council meeting on September 19th regarding the Sign Regulations and she encouraged board members to attend. Norton noted that concerning the Sign Regulations, council is hung up on a few minor points and the board could make some recommendations. ADJOURNMENT The meeting was adjourned at approximately 9:15 p.m. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, October 11, 2005. / Ge ge T for resident Michelle Anderson Recording Secretary APPROVED as submitted/corrected: IU / 1 1/05 Kalispell City Planning Board Minutes of the meeting of September 13, 2005 Page 13 of 13 RON & BRENDA PROFITT P.O. Box 7608 100 Hathaway Lane Kalispell, MT 59904 Phone(406)756-8077 Fax(406)752-269I September 13, 2005 City of Kalispell Planning Department 17 2nd Street East, Suite 211 Kalispell, MT 59901 RE: Autumn Creek Subdivision Annexation We live at the dead-end of Hathaway Lane in Kalispell --down the street from the proposed Autumn Creek subdivision. We appreciate that the developers are attempting to be annexed into the city limits --especially for sewer and water issues. However, our main concern regarding this development is the traffic safety for residents of Hathaway Lane and also Highway 2 West. After meeting with Narda Wilson, Senior PIanner, we understand that the developer has proposed improvements to Hathaway Lane south of the proposed entrance to Autumn Creek and that there will be a deceleration lane on Highway 2 West entering Hathaway Lane. No improvements to Highway 2 West traveling east from Hartt Hill are planned. We feel that the City of Kalispell Planning Board and Zoning Commission needs to take into account public safety issues. Hathaway Lane is a dead-end and there are no alternate routes to leave or. enter. Adding road improvements to Hathaway and Highway 2 West for traffic entering Hathaway Lane from the east will - not help residents trying to access Highway 2 West going into town. It is already unsafe and practically impossible to enter Highway 2 going east now. We feel that adding 25 additional residences with their only way to go to work, school, shopping and about their business for numerous trips a day from one access point is not good planning. We appreciate your consideration. erely, 4 Ronald E. Profitt Brenda S. Profitt August 13, 2005 Dear Kalispell City Planning Board and Zoning Commission, I would like to register my opposition to the Autumn Creek Subdivision for-3 major reasons: ecological, quality of life, and safety. I will address each in turn. First listing the problems and afterwards addressing possible points of compromise should a modified plan be approved. I grew up at 40 Hathaway Lane when it was still in "the country" and have recently purchased this house from my parent's estate. Our house was the only one on the west side of the road and only one house was located further down the dirt lane. I have seen the water in the creek diminish over the years as development took off to the west of town. I have also seen the number of birds diminish, though the wetlands area is still a key spot for mallards, herons, red -wing and yellow -headed blackbirds, ring-necked pheasants, and our own state bird, the Western Meadowlark. Overdevelopment of the area of the kind proposed here tonight will have a tremendously negative impact on the wildlife of this estuary. A city sewer system might well drain the remaining water. In addition, the proposed entrance, is ecologically unsound. Only 13 feet separate Bowser Spring Creek from a driveway, not nearly wide enough for an exit/entrance to 21 households. If stream diversion is in the plan, there is a good chance of flooding the west side of Hathaway Lane. O The people who live off Hathaway Lane moved here to have the tranquility of the countryside along with the amenities that proximity to the city offers. This subdivision will greatly impact our quality of life. Our views will be marred by houses and lights. The traffic and accompanying air and noise pollution will increase. Any increase in population causes environmental degradation. My father gardened organically for 30 years on Hathaway Lane. It is important that that option remains open to the neighborhood. Any increase in population also creates a need for improved infrastructure. For safety reasons alone, this subdivision plan should be voted down. This proposed subdivision is a cul de sac off a dead end road leaving only one, extremely dangerous exit/ entrance for all existing and future residents. Hathaway Lane is woefully insufficient to handle an additional 42 vehicles (considering that most households have 2 cars) making 4 - 6 trips a day. I can just imagine traffic backed up all the way into the subdivision at rush hour times when cars are waiting to enter the highway between logging trucks speeding down Hart Hill. God forbid there should ever be a fire in the neighborhood because two normal sized cars can barely pass each other on the existing lane. As much as I would like to be able to keep an unobstructed view of the mountains and to be able to stroll down Hathaway Lane at sunset, I understand the need for growth. However, the growth needs to be well thought-out in advance in order to be ecologically p L�C�C�O�C n �' D �- SIP 13 2005 September 12, 2005 KALISPELL PLANNING DEPARTMENT BOARD MEMBERS Kalispell City Planning Board and Zoning Commission 17 Second St. East Ste 211 Kalispell, MT 59901 Subject: AUTUMN CREEK proposed subdivision I will be unable to attend the meeting 9-13-05 however there are several areas of concern that I wish to call to your attention. 1. TRAFFIC. There is still the un-resolved problem of the dangerous traffic intersection of Hathaway Lane and Hwy 2 West. It is deadly to enter or exit at this intersection and adding this amount of additional traffic is just going to make it that much worse. 2. FIRE TRUCK ACCESS. It was stated at the previous meeting that Hathaway Lane C� pavement is approximately 20 feet in width.. The width of the entrance is 24 feet. I do not believe that a fire truck can make a turn of these dimensions. I have a call in to the Asst. Fire Chief regarding this but we have not made connection. 3. SMITH SPRING CREEK. The proposed entrance to this project is 29 feet; 24 of pavement and 5 feet of walking path. The distance from the Property corner to the NE edge of the culver is App. 30 feet. From this point the creek spreads out and the stream bank further from this. I have a permitted water right to take out at this point, and I wish to protect its integrity. Also, do they have permission from the Flathead Conservation District to alter and work on or in the stream and its bank? 4. FENCING. Due to the close proximity of this development to my property I would expect them to put up a privacy fence along my South and East junction with Autumn Creek. Respectfully submitted, L ' e K. Bartlett 33 Hathaway Lane Kalispell, MT 59901 3302 Lots # 6DJ and AC