04-14-92 Planning BoardKA.LISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
APRIL 14, 1992
CALL TO ORDER President Therese Hash called the meeting to order at 7:03 p.m.
AND ROLL CALL Absent Board members were Larry Dominick and Jeff Ellingson.
There were approximately 60 members of the public in
attendence.
APPROVAL OF Hash called for approval of the minutes of the March 10, 1992
MINUTES meeting. It was moved and seconded that the minutes be
approved as published. All members present voted aye.
MAP AMENDMENT Hash introduced a request by the City of Kalispell to amend the
REQUEST BY THE official zoning map of the City of Kalispell by changing the
CITY OF KALISPELL zoning of a tract of land located in the southeast quarter of
FOR ZONE CHANGE Section 18, Township 28 North, Range 21 West, M.P.M., Flathead
FROM R-4 TO P-1 County, Montana, from R-4, Two Family Residential, to P-1,
Public.
Staff Report Rice presented FRDO Report #KZC-92-1. The City of Kalispell
has requested a zone change at the property located on Tracts
8Hb, 8HC, 8-3, in the southeast quarter of Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana. More particularly, the property is located east of
the high school football field and north of the City shop
site. It is currently zoned R-4, Two -Family Residential. The
City is requesting a P-1, Public, zone, with the intention of
creating a parking lot. Public uses could include public
school and public parking spaces. This zone change meets the
twelve review criteria. It is in substantial conformance with
the Master Plan. The property is within a transitional area
between a public designation and a high density residential
designation. The congestion in the streets should be lessened
as a result. The property would be accessed through the
City°s shop sites and not through the neighborhood. The
proposal meets the requirements for safety, open spaces and is
a suitable use for this property. The staff is recommending
the zone change from R-4 Two Family Residential to P-1 Public
zoning classification.
Public Hearing Hash opened the public hearing to all those in favor of the
City of Kalispell request for a zone change from R-4 to P-1.
Robert Babb, the City Engineer, informed the Board that the
City was requesting this zone change so the City could utilize
this piece of property as a parking area for the City
employees. At this time, the employees are parking along 1st
Avenue West and along the fence. The City would like to have
a secure area for employee parking, as well as addressing
safety concerns. The City trucks are continually coming in
and out of this area, and there were two accidents in the last
year involving employees. Rice conveyed to the Board that she
had received a phone call from Norma Rote who lives in the
neighborhood. After discussing the zone change with her, Mrs.
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Rote was in favor of the proposed zone change. There were no
other proponents to the zone change.
Hash called for any opponents to the zone change. Kenneth
Keller of 19 7th Avenue West, which is north of the subject
property, was concerned about the City storing vehicles on
this lot, and using their property for driving through. The
City and the school district has proposed other uses for it,
as well, and have since found no need for it. What will be
next? This piece of property could be worthless after awhile.
Bill Holmes, of 1310 1st Avenue West, is opposed to having
this property paved over, because that is the only buffer he
has around his property. He does not feel that this is the
best public use for this property. There being no further
opposition to this zone change, the public hearing was closed.
Board Discussion The meeting was then opened to Board discussion. DeGrosky
asked Mr. Babb if the intended use for this parking lot was
for daily use only, or were vehicles to be stored there? Babb
responded that it would be for daily employee use only. They
would not be moving any equipment there. They would be
removing the existing equipment which is there. They intend
to create a buffer of landscaping to make it as nice as
possible. DeGrosky asked staff if the football field preceded
the zoning designations in that area? it was determined that
the field was there before it was zoned.
Lopp asked Mr. Babb where the current access area for the City
shop site was located? Is it off of 1st Avenue West or
Airport Road? Also, what kind of provisions would be made for
providing a visual barrier? Babb responded that 1st Avenue
West is the access point, with an entrance only at the north
end of the buildings. 1st Avenue West has been temporarily
blocked off except for the entrance. The City intends to
fully fence the parking lot for safety and security reasons.
A ten foot visual barrier could be created on the north side
and east side which adjoins residential areas.
Motion Fraser moved that the Board accept the staff report #KCZ-92-1
and recommendations as presented. Sloan seconded. The
request for a zone change was passed unanimously.
REQUEST FOR Hash introduced the request by Roger Jacobson, et al, for a
PRELIMINARY PLAT preliminary plat approval of Buffalo Stage and Buffalo Square,
APPROVAL OF consisting of 129 single family lots and 56 condominium units
BUFFALO STAGE / on 7 lots. The subject property is generally situated in the
BUFFALO SQUARE area of Edgerton School off of Whitefish Stage Road in
Sections 31 and 32 of Township 29 North, Range 21 West,
P.M.M., Flathead County, Montana.
Staff Report Greer presented FRDO Report #FPP-92-14 and 15. He indicated
on the map where the subject property is. Buffalo Stage is an
application for preliminary plat approval of a 129 lot single
family subdivision, and Buffalo Square is a 7 lot, 56 unit
condominium project. This land is currently idle farmland
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which is surrounded on three sides by residential development,
with Edgerton School in the center, fronting Whitefish Stage
Road. The proposed development is within the Village County
Sewer District, the Evergreen Water and Sewer District, and
Evergreen Volunteer Fire Department jurisdiction. Access to
this subdivision will be from Granrud Lane and two other
approaches. There is only one new approach proposed for
Whitefish Stage Road, approximately 500 feet south of Edgerton
School. There is also a proposed connection with Riverview
Greens. The property is zoned RA-1, Residential Apartment.
It has been zoned RA-1 since 1979, before Evergreen Zoning
District was created. This entire area was master planned by
Duane Bitney back in the late '70's. The development is
proposed in stages.
Findings of Fact In terms of infrastructure, this is an area where a
subdivision should be. There is existing water, sewer, fire
and police protection, and close proximity to emergency
medical care. There will be an increase of approximately
1,110 daily vehicle trips on Whitefish Stage Road as a result
of this subdivision. Traffic count records indicate a steady
increase in average daily trips on Whitefish Stage Road.
Counts have increased from 9,380 in 1986 to 13,850 in 1991 --
an increase of 48%.
The developers have proposed several strategies to mitigate
the anticipated increase in traffic. The developers are
'^� proposing to have 60 foot right-of-ways in the subdivision,
with 38 foot wide roads with curb and gutter, built to City of
Kalispell standards. They propose sidewalks on one side of
the road, with lighting similar to the Riverview Greens
subdivision. Access onto Whitefish Stage Road would be
limited to Granrud Lane, River View Drive and Buffalo Stage,
which would be the only new approach. Right-of-way is being
dedicated for the future extension of West Evergreen Drive.
The drainage system is to be engineered to direct run-off to
a conservation area. The water and sewer mains will be built
to city standards. The engineer's report states that there is
enough water to accomodate this subdivision without impacting
the existing users of the water system. A future water tank
is planned for the area by the Evergreen Water & Sewer
District.
This subdivision encircles Edgerton School. It is projected
that the subdivision would contribute 93 additional children
to the school system. Park lands are proposed to be dedicated
for the benefit of Edgerton School. The State requirement for
parkland dedication was previously satisfied by the donation
of the school site.
The land is presently being assessed as agricultural land, so
the development would increase taxes to the County.
Approximately 60 acres of prime agricultural land will be lost
to this development.
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Expressing public opinion, eight letters were received at the
office, as well as several phone calls. For the record, Greer
listed the names of those who wrote letters: James Rehbein
states very strongly in opposition to any more subdivisions
off Whitefish Stage Road and increased traffic; Erin Bissell,
a bicyclist who is concerned about the safety on Whitefish
Stage Road; Billy and Clara Dean, who are concerned about the
water pressure and sewer, the adequacy of Whitefish Stage
Road, and the increased enrollment in the school; Mr. I. C.
Watteyne is concerned about water pressure, and the condition
of Whitefish Stage Road, and the safety of the school
children; Ruth and Robert Wilson are against any development
of Buffalo Stage or Buffalo Square for reasons of extra
traffic, sewage and water problems, and extra students; a
letter from Brian Gardner, spokesperson for Country Way South
Road Maintenance Association, expressing their concern that
the private road, County Way South, will experience increased
traffic off of Granrud Lane and would like something done to
avoid the use of their private road; Earl T. McMaster wants to
coment that sidewalks and bike paths be a part of the
improvement of Whitefish Stage Road, and there be adequate
water pressure to supply the increased development; and a
letter from Hillcrest Homeowner's Association stating the same
concerns regarding improvements to Whitefish Stage Road before
this development gets underway.
There is always a question as to the need for a subdivision.
Flathead County is presently experiencing the fastest growth
in Montana, with no let up in sight. This development will be
built in phases as demand occurs. It has been recognized by
this Board that Whitefish Stage Road needs to be prioritized
for improvement, which is the primary concern of many
citizens. However, the property is fully served by public
utilities and the developers are somewhat limited on options
for improving Whitefish Stage Road since the property does not
abut that road.
The staff recommends that the Preliminary Plat of Buffalo
Stage and Buffalo Square be approved subject to the conditions
as set forth in staff report.
Public Hearing Hash then opened the public hearing to all those in favor of
of the subdivision.
Bruce Lutz, who is involved with the land planning for this
project, as well as for River View Greens, is in total
agreement that additional access onto Whitefish Stage Road is
a worst possible scenario. It is intended that this issue be
addressed in further phases. As a clarification of the road
access for River View Greens, involved as part of the approval
process was having two access points for that subdivision. It
was not intended that Buffalo Stage access through River View
Greens, and they also feel it is preferable to limit access
onto Whitefish Stage Road. As a final comment, this
subdivision is well within the standards of the comprehensive
plan and the zoning allows this, and it is a legitimate use of
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the land.
n Jane Crawford, 168 River View Drive, approves of this
subdivision based on the quality of the River View Greens
subdivision, however is concerned about the access between the
two, as well as the increased traffic and the need for
children's safety. She suggested stop signs and speed bumps
be incorporated into the road design.
Jim Thompson, one of the developers of the subdivision, wished
to clarify and respond to some of the concerns. He stated
that they also were concerned with the safety of the roads;
and there was no problem with putting in speed bumps on the
road connecting River View Greens. He feels that the major
access to the subdivision be on Buffalo Stage Drive, and they
are trying to discourage extra traffic through the adjoining
subdivision by keeping Stillwater Lane 28 feet wide instead of
38 feet. Buffalo Stage development is patterned after River
View Greens subdivision. They want to maintain the natural
area of trees as a buffer between the two subdivisions. The
aim is to develop a quality subdivision.
There being no further comments in favor of the development,
Hash then opened the public hearing to all those in opposition
to the development.
Keith Story, 113 River View Drive, expressed his concern about
�j traffic congestion in the vicinity of Edgerton School. It
will not be safe for bicycles or pedestrians. If the
developers could provide for a walkway, to the school, the
residents of the adjacent subdivisions would be more agreeable
to the new proposed development.
President Hash reminded the public that the developers do not
own the property adjacent to Whitefish Stage Road.
Robert Thurnow, 1974 Mission Way South, expressed his concerns
with this proposed development. First, the water pressure is
not adequate for the existing residents, so would like to know
how this will be addressed. Second, he is concerned about the
increased traffic, wherein most of the people will be driving
into Kalispell, where the road bottlenecks. This road also
has slot of truck traffic. Perhaps, a truck by-pass route
should be considered before this and any other development.
Third, there is no room in the schools for additional kids,
which is why there is current bussing to Edgerton School. The
increased tax base is seldom adequate to accomodate the
increased expenses required for services demanded by citizens.
Last, he questioned the 12 year build -out of this development.
Much has to be done before a development of this size can be
built.
Bruce May, 504 County Way South, as a member of the homeowners
Croad maintenance in Country Way South, is concerned with the
traffic and the private road being used as a short-cut to West
Reserve and Highway 93. It is now open to public access, and
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speed bumps have not discouraged traffic. The homeowners
association suggest two alternatives which would be to either
have Country Way South paved with speed bumps, to decrease the
dust and noise problem, or have it closed off.
Frank Noise, 229 Glenwood Drive, feels that development is
going to happen. Good development is preferable to bad
development, however he feels that the projection of 93 kids
from this new development is erroneous. There is going to be
a need for more classrooms rather than green areas.
Edward Burington, 1322 Whitefish Stage Road, is opposed to the
Buffalo Square condominiums going in next to his property.
When he bought his property it was with the assumption that
the surrounding areas were zoned for single family residents.
He does not want to be surrounded with condominiums. He is
also concerned that the 30 foot road easement is going to come
off of his property. If they are to lose their property, he
would rather see a bike path and sidewalk for the kids to use.
Bill Jenson, 128 River View Green, is concerned with the road
which connects this development with River View Greens. This
would have negative impacts on River View Greens subdivision.
Larry Macken, 2313 Mission Trail, is concerned with the run-
off from this development all ending up in the Stillwater
River. He stated that River View Greens has 512 lots going
into that golf course in addition to the 60 already there, and
the 129 proposed for this subdivision. His water pressure is
only 28-32 pounds of pressure on a good day, so does not feel
that the water pressure can handle the high density. There is
only one aquifer. He mentioned the fatality on Whitefish
Stage, and the traffic danger on the S-curve. The road is a
mess near McElroy & Wilken. This is not an area for
condominiums. He is very much against condominiums and the
high density. One-half acre lots would be acceptable. The
property taxes are going to go up because the land values will
increase, and there will be an increased need for services.
There is already a problem with power outages, so should be
aware of the increased power usage. A proposed bridge over
the Stillwater River would be extremely expensive, which would
then increase traffic from FVCC.
Frank Miller, 64 Loch Ness Avenue, Hillcrest Subdivision,
feels there should be a moratorium on any development until
the County can provide the infrastructure which is needed to
support these developments.
Terry Willis, 65 Loch Ness, Hillcrest Subdivision, is
concerned with the added burden on the schools.
Brian Gardiner, 265 Country Way South, reiterated concern
about the increased use of the private road, which is
maintained by the homeowners.
Shirley Shirpenteil, 505 Country Way South, expressed
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opposition to increased traffic and what kind of development
is going to happen in the other vacant lots around her home.
Pam Oehrtman, 132 River View Greens, feels there needs to be
a push to improve the infrastructure to handle the increased
traffic.
Kit Smith, one of the developers, wanted to clarify some
issues. Involving Whitefish Stage, our elected officials need
to take action on this. This area has been zoned RA-1 for the
past 12 years, and the City has planned for this area to be
high density residential. The engineer's report claims there
is plenty of water for this area. Evergreen Water has planned
to put,a water tower in. Also, as more children start walking
to school, the bussing of kids will be eliminated as the
school district boundaries are adjusting. This is part of the
neighborhood school concept. It is a County requirement to
have a secondary access from the subdivision, which is why
there is an exit/access through River View Greens.
Susan Bissell asked why not plan to develop a road?
Todd Napier, 2175 Mission Way North, feels there are some
drawbacks to handling the traf f i c f 1 ow, and that the safety of
the children is a priority.
Chuck Cook, 2011 Mission Way South, feels another
consideration is that more development will occur, and all
these problem which have been mentioned will snowball.
Larry Heel, Mission Way South, objects to development on good
ag land and the increased burden on the taxpayers.
Jim Thompson, one of the developers, responded to the public's
concerns by reiterating that the subdivision was in accordance
with the Master Plan, and that much thought had been put into
all concerns regarding safety, water, sewer, power, and
schools.
There being no further opposition to the application for
preliminary plat approval, the public hearing was closed and
opened for Board discussion.
Board Discussion DeGrosky stated that this is a well designed subdivision, but
he shares some of the concerns voiced by the public, such as
safety and provision of services. Someday, this area will be
annexed into the City, however, at this time, it is not in
response area of the Kalispell Police. The Sheriff's
Department is understaffed and overworked. As a result, it
will receive emergency law enforcement only. This area may be
suitable for development, but I don't feel that it is
appropriate. He expressed concern regarding an increase in
the number of kids in the school. School bonds have been
overwhelming rejected by the public with no foreseeable
change.
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Kennedy felt this is an excellent development. Growth is
going to happen in Flathead County. This is an ideal location
to have a development like this one. There are going to be
school problems whether development happens here or it happens
anywhere in School District #5. The considerable amount of
forethought by the developers for the safety of the school
children is excellent and will benefit other developments in
the area. We need homes in this county to accomodate the
growth patterns happening here. There is more development
anticipated further north on Whitefish Stage. All of
Whitefish Stage will eventually be annexed into city services.
I am in favor of this development with reservations about the
condition of Whitefish Stage Road.
Lopp addressed similiar issues, as it is being built in a
series of stages, that the traffic patterns be directed away
from the problem areas, and reduce traffic through the other
subdivisions. Relative to Edgerton School, there already
exists a need for additional schools. Neighborhood schools
are the pattern which the district intends to maintain. The
problem with Whitefish Stage Road is an issue to be dealt with
by our County Commissioners, and this development should not
be penalized for a decision which is not being made by our
Commissioners. As to the design of the subdivision, the
quality of work and forethought put into this proposal, is
commendable. It meets all the criteria established by our
staff.
Sloan feels this is a quality proposal, however feels very
strongly about the safety concerns on Whitefish Stage, and is
strongly opposed to increased traffic in the school zone.
Lopp suggested that if the residents of this area were more
willing to be annexed into the City of Kalispell, they might
find the City more amenable to rebuilding of Whitefish Stage
than the County Commissioners.
Sloan asked Greer to explain the language of condition #6,
which reads "That the necessary waivers of annexation and
other provisions of the Village County Sewer District be
satisfied prior to final plat approval of any phase. The
covenants shall provide specific reference tot he Village
County Sewer District Agreement with the City of Kalispell
including the annexation waiver provisions." Based on the
Village County Sewer District Agreement, that if you hook up
to that sewer system, then you waive your right to protest
annexation in to the City. Unfortunately, a 1981 agreement
which is still in affect makes reference to annexation after
80% build out, or after 80% development. The confusion is as
to what that means. The way this is worded, is that they
shall waive their rights to annexation prior to the planning
of any phase. The question remains as to what that means. It
could mean that you can annex after 80o is developed, but what
is the development? Is it all the infrastructure? Or 800 of
the lots sold? Or 800 of the houses built? This is probably
vague, because the agreement is vague.
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Hash asked if this language had been tested. Greer responded
that it is being tested now with regards to Fairway Boulevard
Townhouses.
The Board discussed strengthening the language of this
condition, in order to avoid litigation. Sloan suggested that
it be changed to read "as each phase is completed, it be
annexed into the City of Kalispell Discussion followed.
Fraser felt wholeheartedly that this area should be annexed
into the City as soon as possible. This development is
designed with the intent of being annexed. The problem with
Whitefish Stage he feels is related to the development. The
costs of the impacts on Whitefish Stage should be contained in
the conditions. We need to be sure that the conditions
contain enough waivers of protest of annexation and creation
of SID's.
The Board discussed having included in condition #6 the
language "waive the right to protest on creation of SIDS or
RIDS".
The developers protested that the wording could not be left
open-ended, and to have this one development singled out when
there are developments all along Whitefish Stage which are
impacting the road. This is a County project. Art Thompson
informed the Board that State law covers SIDs, and it should
be investigated prior to action taken. After much discussion
Othe Board opted to drop the issue of SIDs for the time being.
Participants were urged to attend the Technical Advisory
Committee meeting on Thursday, April 16, and to let the County
Commissioners know the concerns regarding Whitefish Stage
Road.
Kennedy made a motion that the Kalispell City -County Planning
Board approve the Buffalo Stage/Buffalo Square Subdivision
reports #FPP-92-14 and 15, adopt the findings of fact with the
18 conditions, changing condition #6 to add a sentence at the
end which indicates developers apply for annexation of each
phase of development concurrently with the filing of the final
plat. Lopp seconded.
Fraser moved that an amendment be made to condition #11 to
read "that all utility easements ... be at least 10 feet or
larger if required by the utility." Kennedy seconded.
It was moved and seconded that the Board accept the findings
of fact and approve the conditions as amended.
Roll call vote was taken. DeGrosky voted nay. All other Board
member present voted aye.
DISCUSSION ON President Hash then asked Rice to give an update on the extra -
EXTRA -TERRITORIAL territorial zoning. Rice presented the map which she has
ZONING created, depicting the existing city and county zoning, areas
which are in the f 1 oodpl ain, timber lands, and prime ag 1 ands .
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Ag designations are based on soil types. The Board discussed
the remaining unzoned areas. It was agreed that by the May
meeting, the Board will have a recommendation to present to
the County Commissioners for these unzoned areas, in total.
The legal descriptions for each zone designation will take
time to get together.
OLD BUSINESS Old business was the extra -territorial zoning which was
already discussed.
NEW BUSINESS Lopp moved that the Board send a letter to the County
Commissioners and to the Technical Advisory Committee
encouraging the placement of Whitefish Stage Road as the top
priority for reconstruction. The Board agreed that Mike
Fraser draft a letter on behalf of the Board. Fraser seconded
the motion. The motion was passed unanimously.
Hash announced for general information that a seminar entitled
The Flathead Basin: Building a Consensus for Resource
Management, will be held in Missoula on April 30 and May 1,
sponsored by the Public Land Law Review and Native American
Law Students Association. There is portion on zoning as well
as tribal and state water rights.
Kennedy gave an update of the further efforts of Citizens for
a Better Flathead regarding the design of the divided highway.
ADJOURNMENT The meeting was adjourned at 10:15 p.m.
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