Loading...
08-14-01KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING AUGUST 14, 2001 CALL TO ORDER AND Chairman Greg Stevens called the meeting to order at 7:00 p.m. ROLL CALL Members present were: Don Garberg, Dale Pierce, Ron Van Natta, Rob Heinecke, Bill Rice, Greg Stevens; Don Mann, Don Hines and Brian Sipe. Narda Wilson represented the Tri-City Planning Office. There were approximately 60 people in the audience. APPROVAL OF There was a motion by Heinecke and second by Sipe to approve the MINUTES minutes as presented. OF JULY 10, 2001 DOWNTOWN URBAN A request by the City of Kalispell for amendments to the Downtown RENEWAL DISTRICT Urban Renewal District - Fire Hall Relocation and Contribution to the Flathead City County Health Department. Heinecke said that due to the large agenda for this nights meeting, he felt this agenda item and the work program under new business should be tabled until the September meeting. MOTION Heinecke moved to table Agenda Item C, Downtown Urban Renewal District and Item E-1, Work Program, until the September meeting. Hines seconded the motion. 0 ROLL CALL VOTE The motion to table the agenda items passed on a vote of 6 in favor and 3 against. MOTION Stevens entertained a motion that due to the numerous agenda items on this evening's agenda, public testimony be limited to a maximum of four minutes. Hines moved to limit the public testimony to a maximum of four minutes and Garberg seconded. ROLL CALL VOTE The motion to limit public testimony to a maximum of four minutes passed on a vote 6 in favor and 3 against. TIM BIRK A request by Tim Birk for an initial zoning designation of R-4, ANNEXATION AND Residential, upon annexation into the City of Kalispell on 8.98 acres INITIAL ZONING that lies on the north side of Russell Drive, west Willow Glen Drive REQUEST /MUSKRAT and south of Kelly Road in association with Muskrat Slough SLOUGH Subdivision, a 20-lot residential subdivision. PRELIMINARY PLAT STAFF REPORT Wilson requested that they combine the annexation and preliminary plat request and hold one public hearing, but that a separate motion be made for each request. Stevens said they would combine the public hearings. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 1 of 9 Narda Wilson, of the Tri-City Planning Office, gave a presentation of staff reports #KA-01-3 and #KPP-01-1, stating the property proposed for annexation was on the north side of Russell Drive, south of Kelly Road and west of Willow Glen Drive in an area generally referred to as the "Greenacres" area. Wilson said the property is currently in the County zoning jurisdiction and is zoned R-5, a Two Family Residential zoning district and the applicants were proposing City R-4 zoning, a residential zoning which allows duplexes and single-family residences as permitted uses. Wilson said the applicants were also requesting preliminary plat approval of a 20-lot residential subdivision. Wilson said the subdivision would be served by City water and sewer that would be extended from the main that was along Russell Drive and would be reviewed and approved by the Kalispell Public Works Department. Wilson said that four letters in opposition and a letter from the Flathead Conservation District had been received since the packet went out which had been passed out to the Board. Wilson stated this matter had gone to Site Review on August 2nd and some of the concerns that had been raised at that meeting were installation of the sewer line through the slough and that water circulation not be obstructed when the water and sewer line were installed. Wilson said the Site Review Committee had also expressed some concern about Russell Drive being a private roadway and an easement would be needed from the Meadow Park Unit II Homeowners Association. OWilson said the property was not in the 100-year floodplain and the slough was considered State water, which would require the applicants to obtain a discharge permit for storm water into the slough, which was addressed in the conditions of approval. Wilson said drainage in this area was an issue because of work and fill that have been done in the slough over the years, most recently with the installation of a culvert under Russell Drive and a culvert installed under Willow Glen Drive to help stabilize the water level in the slough. Wilson said that prior to emptying any storm water run off into the slough, the applicants will be required to demonstrate that the culverts are functioning property and that additional water would not adversely affect the level of the slough in conjunction with their drainage plan. Wilson said access is proposed by an existing road that is constructed to City standards, Russell Drive, which is privately owned and maintained by the Meadow Park Unit II Homeowners Association, but that is open to public use. Wilson said there was a note on the final plat that states the private roadway easement shall be maintained by the Meadow Park Unit II Homeowners Association until such time that the subdivision is annexed into the City, at such time it would become a public road. Wilson said the applicant will O have to obtain an easement from the homeowners association granting ingress and egress from Russell Drive to the proposed subdivision, and traffic generation would be primarily onto Russell Drive and then out to Willow Glen Drive. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 2 of 9 Wilson said staff recommends approval of staff report #KPP-01-1 as findings of fact subject to the 20 conditions as outlined. Wilson said staff is also recommending that the Board adopt staff report #KA-01- 3 as findings of fact and that the zoning for the property be R-4, Residential, upon annexation. Mann asked whether staff was asking the developer to fix the culverts under Russell Drive and Willow Glen. Wilson said when the final plat was filed it was certified that the culverts were functioning and installed property. Wilson said they were asking the applicant, that prior to final plat approve, they demonstrate that culverts are still functioning adequately and can accommodate the additional storm water discharge that will be generated from the subdivision. Wilson said it may require some repair. Mann asked if the applicant would be allowed to put storm water run off into slough. Wilson said that was an issue that the Department of Environmental Quality and Public Works Department would review. Wilson said it was a substantial issue that the developer would have to address. Mann said both culverts appear to be bad shape and asked how long they had been there. Wilson said the culvert under Russell Drive was installed in approximately 1997 and the one under Willow Glen was installed within the last few years as part of the Willows Subdivision. Mann asked who installed the culverts. Wilson said the developer of Meadow Park Unit II installed the culvert under Russell Drive and when the Willows Subdivision was developed, the developer installed the culvert under Willow Glen Drive. Wilson said both subdivisions were done by the same developer. Mann asked if the culverts were sufficient. Wilson said they could be without a lot of work, but there were other concerns. Wilson said on the east side of Willow Glen Drive there is a channel that was supposed to handle the over flow from the slough that eventually discharges from a pipe into the Stillwater River, which was properly certified and engineered, but is not well maintained, which could be an issue. Wilson said the culvert under Willow Glen does have some problems, maybe as a result of post construction work done on the subdivision some sloughing could have occurred on the north end of Russell Drive which could have kept the culvert from functioning as well as it should. Wilson said a C� reputable, local engineer had certified that it was properly engineered and functioning. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 3 of 9 Van Natta said in the correspondence from the Army Corps of Engineers that they had given the developer back in March 30 days to clean out the culverts to make sure they were functioning, and that it didn't take the culverts very long to become clogged up again. Wilson said she had talked to Charlie Johnson at the Flathead County Road Department about this matter, and Johnson said there were several issues that were involved. Wilson said the drainage easement on the east side of Willow Glen Drive is not part of this project, and that Johnson had written a letter to Jim Hanz making him aware of the drainage swale behind the Willows Subdivision. Wilson said this matter was scheduled for Site Review next week. Wilson said the other issue, which was directly related to this project, is the culvert under Russell Drive and the west end of the culvert under Willow Glen Drive. Van Natta asked about the road and what happened if it wasn't annexed. Wilson said it had been City policy to allow subdivisions to occur on the periphery without requiring immediate annexation, but a waiver to protest annexation if it were to occur. Wilson said there were several subdivisions directly to the west of this proposed one that the infrastructure was installed in accordance with City standards, but not immediately annexed. Wilson said it is the County policy not to accept any new roads, so that all the new roads in the County are privately owned and maintained, typically by a road users association, homeowners association etc. to maintain that roadway, typically by an easement rather than a dedicated right-of-way. Wilson said the Commissioners have a policy that those private roadways are open to public use, and this is one of those roads. Wilson said there is a note on the final plat that states it is a private road easement, owned and maintained by Meadow Park Unit II Homeowners Association until the subdivision is annexed and then it would be a public road. Wilson said because it is a private road, owned by the homeowners association, they have to let the public travel over the road but it would not entitle the general public, or in this case, the developer unlimited access to further developing the road. Wilson said because there are some legal issues surrounding the road, staff was recommending that the developer get an easement from the homeowners association if that road still remains in a private status when he is ready to develop the property. Van Natta asked why would the Board act on it if there was no access to the property. Wilson said she believed there was access to the property but the developer needed to demonstrate that there was an easement there. Wilson stated there was a provision in the subdivision regulations that Wilson states when there is access across a private property the applicant has to demonstrate that they have legal access across the property to the extent and nature that is being used. Wilson said this was not an uncommon condition. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 4 of 9 Van Natta said the letters that they were given earlier indicate that the homeowners consider it a private road and chose- not to let the developer use their road. Wilson said the issue was more between the developer and homeowners associate. Van Natta asked why the developer didn't first get the easement and then come to the Board. Wilson said she didn't believe the developer knew the restrictions on the property. Heinecke asked if Meadow Park Unit II had public water and sewer. Wilson said yes. APPLICANTS / Tim Birk spoke in favor of the project, saying it was a small, light - AGENCIES density subdivision. Birk said the road issue did come as a surprise, because they had purchased the property on the west side of the Stahlberg property from the City, which ran along Russell Drive and borders two subdivisions. Birk said originally he had meetings with Greenacres West and found out about the road issue. Birk said he would like to work with the people on Russell Drive and resolve the issue. Birk said they wanted to develop a quality development in keeping with the neighborhood. Birk said the water would come off Russell Drive through the Stahlberg property and connect on the north end of the slough, and the sewer would go to the left station on the north side of the property, and the primary access would come from Willow Glen and the traffic impact through the neighborhood would be fairly minimal. Birk said his main concern was to work with the neighborhood. Stevens said the Board had received four letters in opposition from Karen Carter, Kathleen Hunnewell, Madalene Shoemaker, Paula Buckley and a letter from the Flathead Conservation District which outlined some steps the developer should take. Stevens said when technical issues like storm run off, etc. arose the Board didn't review those. Steven said the MDEQ, City -County Health Department, and Public Works reviewed these issues. Stevens said their review was of the criteria in the staff report. Mann said he agreed that maybe they were putting the cart before the horse, and asked Birk if he had talked to Meadow Park Unit II homeowners or should they table this matter until these issues were resolved. Birk said it came as a surprise when this became evident. Birk said the property was purchased in two segments, neither one of them addressing an access problem, which became an issue after the Opurchase. Birk said he has not talked to anyone in the homeowners association, but in order to proceed if the Board granted this condition approval on resolving this road issue. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 5 of 9 PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPOENTS Brett Birk spoke in favor saying they tried to plan the subdivision to fit into the neighborhood, and that the other issues will be addressed as they progress, and asked the Board to look at the condition that gives responsibility for the two culverts to the developer. Birk said if there was severe existing problems that the responsibility should be shared, and was confident they could resolve the road issue. OPPONENTS Lynn Shoemaker, president of the Meadow Park II homeowners association, 2199 So. Woodland Drive, said she was there to speak on behalf of the association. Shoemaker said the association had met several times since being notified of the proposed subdivision, and were not opposed to the subdivision, but they are the owners of Russell Drive, and had many concerns regarding the additional traffic, the slough, and the number and types of homes being proposed. Shoemaker said at this time the homeowners association is not willing to grant an easement or give any permission for anyone to access their road for the subdivision. Shoemaker urged Birk to meet with them and discuss their concerns and come to an agreement that would satisfy both parties. Karen Carter, 2171 So. Woodland Drive, spoke in opposition saying the culverts don't work and never had; there is no drainage and her home floods. Kathleen Hunnewell, 2189 So. Woodland Drive, spoke in opposition, saying she lived on the corner of Russell Drive and So. Woodland. Hunnewell said American Land and Development built their subdivision and they had never been make to maintain or make the culverts work in any way and asked how could they be sure of that this subdivision will be made to adhere to the conditions of approval. Winifred Storlie, Airport Road, said she was involved in this development because of her interest in wetlands and water quality. Storlie said she applauded the gentleman who suggested that there be some forethought and have these problems settled before there was another sewer emptying into Muskrat Slough, because of the health hazard. Sipe asked if it was possible to table the application for a month. Stevens said he felt there was an opportunity now for the developer and homeowners association to resolve the issues, which may not present themselves at a later date. Pierce asked if Meadow Park Unit II was annexed into the City. OWilson replied no. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 6 of 9 MOTION (TO TABLE) Pierce moved to table the application for a month due to the many issues that needed to be resolved and Sipe seconded the motion. �1 ROLL CALL VOTE The motion to table the application for a month failed on a vote of 5 against and 4 in favor. DISCUSSION Sullivan said he was going to break protocol and ask the Birks if they wanted to be annexed unless they had an approved preliminary plat. Birk said they did want to be annexed and this would give them a chance to work with the homeowners association on Russell Drive. Birk said he felt the preliminary plat should go ahead with adding a condition on working out the access requirement. Heinecke said it was already a condition of preliminary plat approval. MOTION (MUSKRAT Mann moved that the Kalispell City -County Planning Board adopt SLOUGH SUBDIVISION staff report #KPP-01-1 as findings of fact and recommend to the PRELIMINARY PLAT Kalispell City Council that the preliminary plat be approved subject to the 20 conditions as outlined in the report. Garberg seconded the motion. DISCUSSION Mann said the condition he had the most problem was why the developer was being required to fix problems caused by prior developers. Wilson said it was up to the developer to make sure there is flow through the culvert and perhaps Birk could work the homeowners association on the issue. Wilson said Condition #5 deals with their entire drainage management plan. Wilson said it would be to everyone benefit if the Corps put some pressure on American Land and Development. Mann asked if Birk had any objections to the conditions. Birk said that was one of his main concerns and he wasn't sure what it would entail. Birk said the culvert Russell is underwater, and the culvert under Willow Glen is poorly engineered and may be a major issue. Wilson said there wasn't any condition that required Birk to be responsible or that he has to fix the problem. Wilson said a storm water drainage plan must comply with State of Montana and Public Works and that a letter was needed from the Flathead County Road Department saying the culvert under Willow Glen Drive has been adequately installed to accommodate potential overflow. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 7 of 9 MOTION (AMEND THE Mann moved to amend his motion by striking Condition #6. Sipe MAIN MOTION) seconded the motion. 0 DISCUSSION O O ROLL CALL VOTE (STRIKE CONDITION #6) Heinecke said they needed to get to some point of resolution and deleting the condition was not going to do that. Van Natta said he was against striking the condition also and that a letter from Flathead County Road Department wouldn't carry any weight because the Corps was involved. Rice said the condition should say because American Land put in the culverts, and if new storm water problems arises then it will be Birk' responsibility to resolve that. Rice said if they found that the culverts were improperly installed then it should be taken back to American Land or the Corps and have them upgraded to that point. Mann said Condition #6 will only hinder this developer and that Condition #5 says the storm water drainage plan must comply with City standards. Garberg said he agreed with Mann's comments. Heinecke said the condition should stay but perhaps add something that say the Corps needs to be involved. Van Natta said Condition #7 brings in the Corps. The motion to strike Condition #6 passed on a vote of 6 in favor and 3 against. DISCUSSION Rice said he would like to discuss the water quality and the concern that the Conservation District had. Rice said he would like to add an amendment to establish a riparian corridor along the slough that would revegetate the area, and upgrade the water quality. Rice said Country View Estates had done a similar thing. MOTION (ADD Rice made a motion to add Condition #21 that a riparian corridor RIPARIAN CORRIDOR) be established along the slough and that it be designed with the input from the Flathead Conservation District and maintained by the homeowners association, and that the acreage be applied toward the parkland dedication. Stevens said that was an open ended corridor that could be anywhere from 20 feet to 60 feet and he personally didn't know what a riparian corridor consisted of. Rice said he couldn't address that either, but that if it was cooperation between the developer and the Conservation District then something could be established. Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 8 of 9 Van Natta seconded the motion to add the riparian corridor as a condition. Van Natta said he would like a moment to review the letter from the District. Mann agreed the water quality should be reviewed but this was not the time or place and that the Board was debating a preliminary plat approval that would have to go through many other types of review. Van Natta asked Wilson what weight the recommendation from the Conservation District carried. Wilson said if it was a condition it would be included in the final plat approval. ROLL CALL VOTE (TO The motion to add a riparian corridor as a condition failed on a vote ADD A RIPARIAN of 8 against and 1 in favor. CORRIDOR) ROLL CALL VOTE The motion to approve the preliminary plat of Muskrat Slough, (MAIN MOTION) deleting Condition #6, passed on a vote of 9 in favor and 0 against. MOTION (TIM BIRK Garberg made a motion that the Kalispell City -County Planning ANNEXATION AND Board adopt staff report #KA-01-3 as findings of fact and forward a INITIAL ZONING) recommendation to the Kalispell City Council that the initial zoning of the subdivision be R-4, a residential district, upon annexation into the city of Kalispell. Mann seconded the motion. ROLL CALL VOTE The motion passed on a vote of 9 in favor and 0 against. DISCUSSION Stevens stated that he hoped the Board would not have any more of these types of issues that could have been worked out better between the staff and developer and the staff report as far as the road and the access so the Board did not have to try and determine points of access here. Stevens said it had been discussed at the Site Review Committee some time ago and the Board had taken a lot of time at this meeting on this issue. ADJOURNMENT The City portion of the public hearing was adjourned at 8:35 p.m. Greg tev s, Chairman APPROVED as presented Z/ corrected Sandie Mueller, Recording Secretary Date: l ` /l- 6 / Kalispell City -County Planning Board Minutes of the meeting of August 14, 2001 Page 9 of 9