12-08-87 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
DECEMBER 8, 1987
CALL TO ORDER The meeting was called to order by President Charles Manning at 7:30
AND ROLL CALL p.m. Those present were Manning, Trippet, Reynolds, Sloan, Hash,
Gunnerson, and Stephens. Those absent were Hall (excused) and
Treweek. David Greer, Senior Planner, represented the Flathead
Regional Development Office.
MINUTES NOVEMBER Trippet moved to approve the minutes of the November 10, 1987 meeting
10, 1987 as submitted. Gunnerson seconded the motion and it passed
unanimously. ,~
F.I.B. ANNEXATION Manning introduced the petition for annexation into the City of
OF LEDUC ADDITION Kalispell submitted by Keith Radabah, Trust Officer of the First
Interstate Bank of Kalispell, on behalf of the "Amended Maxey Trust".
The petition affects Lots 1, 2, 7, 8, 9, 11, and 12 of the LeDuc
Addition. Generally, these lots adjoin Woodland Avenue near the
intersection of South Woodland. The petitioner also requests a zoning
designation of R-3 (Single Family Residential).
Greer gave the staff report showing the location of the proposed
annexation. The First Interstate Bank holds the trust on this
property and they are asking for the annexation with the rationale
that they think that the property might be more marketable if the
property were within the city limits of Kalispell. The property
adjoins the city limits. The proposed annexation is consistent with
the Comprehensive Plan. City water is available in front of the
property along Woodland. There is a statement that says that fire
hydrants are in the vicinity. That is incorrect and it should say
that "an additional fire hydrant will be necessary to provide
adequate fire protection to the property." This comment is in
response to communication received from the fire chief. None of the
lots in this portion of the LeDuc Addition are developed. They are
all vacant. There are no sewer lines to the property, therefore,
sewer will not be available to the property in the near future. The
other LeDuc Addition properties that are in the City are also not on
sewer; they have septic tanks. Other city services would be available
to the property. It is doubtful that these properties will create any
adverse impacts to these other city services. The road systems will
remain in the County. They are requesting an R-3 zone. They are
currently zoned R-2. The staff feels that R-3 zoning would be
appropriate' and consistent with the Comprehensive Plan. The staff
recommend's that the property be annexed into the City and zoned R-3
and that the petitioner be responsible for installing a fire hydrant.
Greer stated that the reason for requiring the fire hydrant now is
that as those lots are sold there would be no mechanism for requiring
an individual lot owner to provide a fire hydrant. The fire hydrant
would have to be installed later by the city. There are some options
available, one being that the owner could buy the fire hydrant and
the city install it at their expense.
Commission Deborah Parker, representative of the trust, asked the Commission to
Discussion consider allowing the annexation without the installation of a fire
hydrant at this time. Primarily because this is vacant land and there
are no immediate notion of developing those lots. Sloan asked if the
Bank intends to develop the lots? Ms. Parker stated that they intend
to sell them because the beneficiary of the trust is very elderly and
is in need of the cash.
Sloan asked Greer if the lots are sold and the individual purchasers
develop the lots is there a way to have the new owners install the
fire hydrant? Greer stated that there are about seven lots involved
and each of those lots could be sold separately. If it were to be
purchased by one developer, there is a possibility that the city
could then require it but it is already subdivided. It is difficult
for the city to approach someone who buys a single lot and develops
it to require them to install a fire hydrant. Sloan stated that in
light of that it would be irresponsible of the Board to not provide
for adequate fire protection to that area should it be developed.
Deborah Parker suggested an alternative might be to share the cost
with the City. Manning suggested that the Commission could make a
recommendation that the fire hydrant be installed in accordance with
an agreement with the city. He added that the City Council would have
to make that decision.
Motion Sloan moved that the zoning commission recommend approval of the
annexation of Lots 1, 2, 71 8, 9, 11 and 12 of the LeDuc Addition and
( / the requested R-3 zoning subject to the conditions that the property
-- be deannexed from the rural fire district, that the owner provide a
fire hydrant for installation at a location acceptable to the
Kalispell Fire Department and that the financial arrangements be
negotiated with the City of Kalispell. Reynolds seconded the motion
and it passed unanimously in a roll call vote.
BUFFALO CHIP Manning introduced an application by Buffalo Chip Partners, A General
PARTNERS ZONE Partnership, for an amendment to the Official Zoning Map of the North
CHANGE IN NORTH Village Zoning District by changing the zoning from RA-2
VILLAGE ZONING (Residential Apartment) to R-5 (Two Family Residential) for 82.377
DISTRICT acres of land located on the westerly side of Whitefish stage Road,
across from the Church of the Nazarene, and north of the Buffalo
Hills Golf Course.
Greer gave the staff report saying that the property is located along
Whitefish Stage Road on the north side of Buffalo Hills Golf Course
close to the intersectionvof Whitefish Stage Road and West Evergreen
Drive. The RA-2 zoning is a multi -family zone and is a county zoning
classification. The change to R-5 would allow single family or duplex
dwellings. Discussion concentrated on what the proposed zone would
reflect rather than concentrating on what is being proposed for the
property. The proposed zone would be consistent with the
Comprehensive Plan. The present zone (RA-2) would contribute more
greatly to congestion in the streets than the proposed zone (R-5)
would. There is a full range of services available to the property.
The proposed zone would be a little less intensive than the current
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zone. The public costs should be somewhat minimized due to the close
| \ proximity of urban services. The proposed zone would insure more open
space than the existing zone does. There will be less land coverage
allowed by the proposed zone than currently allowed by the existing
zone. The Master plan anticipates the area to be high density and
provides the guidelines for providing the services to the area. The
property is highly conducive to residential development. Public water
and sewer is available. Everything is there to accommodate
residential development. The proposed R-5 zone is more in character
with the surrounding land uses. Greer added that the zone should
preserve property values. The staff recommended granting the zone
change.
Public Hearing Manning opened the public hearing and called for proponents to
comment.
Bruce Lutz, representing Buffalo Chip Partnership, stated that the
primary reason for the requested zone change is that the developers
intend to develop only single family structures on the lots. The
current zone (RA-2) only allowed a minimum of 70 foot frontages on
roadways and it was felt that the R-5 zone would provide more
flexibility in developing single family residences since the minimum
lot frontage is 45 feet.
There being no further comments from proponents, Manning called for
comments from opponents.
There were no comments opposed to the zone change and Manning closed
the public hearing.
Commission There being none, Manning called for a motion.
Discussion
Motion Sloan moved that the zoning commission recommend approval of the
requested change in the Official Zoning Map of the North Village
Zoning District for said property from RA-2 (Residential Apartment)
to R-5 (Single Family Residential). Hash seconded the motion and it
passed unanimously in roll call vote.
RIVER VIEW GREENS Manning introduced the application for preliminary plat approval of
PRELIMINARY PLAT River View Greens by Buffalo Chip Partners, a General Partnership.
The proposed major subdivision is to divide 32.377 acres into 60
residential lots in an area located on the westerly side of Whitefish
Stage Road, across from the Church of the Nazarene, and north of the
Buffalo Hills Golf Course.
Greer gave the staff report stating that the property is located
between the Shelter Belt of trees across Whitefish Stage Road (where
West Evergreen Drive ends) and Buffalo Hills Golf Course and extends
west to the Stillwater River. He stated that the internal subdivision
roads are proposed as 60 foot right-of-way easements with 24 foot
paved surfaces with five foot wide sidewalks. There are 60 lots
proposed in two phases. Phase II might not get built. They are
proposing to start with phase I. Preliminary plat approval is being
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asked for both phases at this time. Some of the improvements are also
/ \ proposed to be phased. There is a conservation area that is along the
` high bank of the Stillwater River that is being proposed to remain as
is. In Phase I the road ends in a cul-de-sac and in order satisfy the
need for a secondary access they are proposing a temporary road out
to the 60 foot wide easement on the north side of the property next
to the shelter belt of trees and out to Whitefish Stage Road. The
subdivision regulations do not allow for such a long road to dead end
and the temporary emergency access would answer that problem. The
temporary emergency access width is not specified. There is a
proposed 30 foot future roadway reservation on the north boundary of
the property which follows the westerly alignment of a future West
Evergreen Drive. The proposed density would be consistent with the
Master Plan and is a little more dense that the adjoining land uses
since it has access to public water and sewer. Greer covered the
pc interest criteria. ubli i t tOne of the main concerns is the traffic
that will be generated by development of this subdivision in addition
to all of the other traffic that is already generated by the school
and other subdivisions in the area. The shelter belt of trees is
excellent habitat for wildlife and is aesthetically pleasing to the
neighborhood. The developers are not proposing to eliminate the
shelter belt. If West Evergreen Drive is ever extended, the shelter
belt may be lost. The subdivision will have significant impacts on
public services. Some of those impacts will be children added to the
school system and additional traffic on Whitefish Stage Road. The
public will have to do something about widening Whitefish Stage Road
and the school district will probably have to reajust their
/ ) ^ boundaries The developers are proposing more homeowners' parks than
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- are required by the subdivision regulations. The roads will be
private and maintained by the homeowners' association as will the
parks. Roadway circulation could be a problem with congestion on
Whitefish Stage Road. Greer stated that extension of West Evergreen
Drive is critical and that development of this subdivision should
not foreclose development of that road. Greer stated that it is
doubtful that there is a demand for 60 residential lots and it is
doubtful that all lots will be sold. The subdivision proposal is also
in compliance with the subdivision regulations. The staff recommended
approval of the subdivision with 25 conditions. Greer briefly
explained each of the conditions. Greer explained that condition #19
addresses the need for a wider roadway easement in the event that
West Evergreen Drive is ever extended to Highway 93. An "easement"
rather than a "reservation" is necessary. The subdivision will be
contributing to congestion and the easement will help offset the
traffic impacts. Only half (30 feet wide) of the required road
easement is being requested from these subdividers. A bridge would
have to be built to span the Stillwater River and wider that usual
right-of-way would be needed to make the cuts in the bank etc for the
installation of that Bridge. The staff also requested that the
temporary emergency access road be built as a permanent road if phase
II is never developed.
-, Public Hearing Manning opened the public hearing calling for comments from
' \ proponents
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Bruce Lutz, representing the Buffalo Chip Partnership, stated that
� \ the intent of the subdivision is to provide high quality single
family residential lots. The first phase intends to develop those
lots that are felt to be the most saleable and facing the golf
course. The park areas are intended to take advantage of the golf
course and the river frontage and take advantage of the proximity of
the school. The conservation area is intended to protect the slope of
the river. The only reason that phase 2 would not be developed would
be if the Golf Course succeeds in achieving their nine hole
expansion. One of the areas that the Golf Course is looking at is in
the area of Phase II. The developers are in substantial agreement
with most of the conditions suggested by the Flathead Regional
Development Office.
There being no other comments from proponents, Manning asked for
comments from opponents.
Frank Miller, a resident of the Hillcrest Subdivision, said that he
has some concerns although he is not specifically against the
development itself. He questioned how any more development in the
area could be allowed until something is done with Whitefish Stage
Road. The traffic is horrendous. The road is used by a lot of people
walking beside the motor vehicles. He stated that he felt that a
strong statement must be made by the Planning Board to get something
done about Whitefish Stage Road. The traffic doubled when Semi -Tool
was located out there. He strongly recommended that the Board make
extra efforts to see that something is done with the road before any
further development is allowed.
There being no further comments, the public hearing was closed.
Board Discussion Sloan suggested going through the conditions that the developers have
concerns with.
Bruce Lutz talked about problems with condition number 13. The
developers feel that the shelter belt is an asset to the development
and fully intend to protect it. The wording of the condition sounds
like it should not be touched and we would like to be in a position
to maintain it, improve it, and replace trees and shrubs that are
dead. The landowners would like to have the freedom to enhance the
shelter belt.
Manning suggested that the word "undisturbed" be removed and replaced
with "replace, and improve".
Bruce Lutz stated that in condition number 15 the developers would
like to have the option of removing the fence if the Golf Course
wants something different. The developers do want to protect the
boundary and have put into the covenants that if the fence is removed
at the wishes of the golf course then there would have to be fences
between the houses to prevent straying onto private property.
Bruce Lutz stated that condition number 19 is a little controversial.
He stated that it is the developers intention to delineate the 30
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feet on the northern boundary as a reservation to be saved for the
/ \ purpose of the construction of West Evergreen Drive in the future. It
is the feeling that if it were to be renamed an easement that the
developers are due compensation from the County in order for them to
have that easement. Also with the present location of where West
Evergreen is proposed to be extended, the shelter belt would be lost
and the developers would rather see the road be placed on the north
side of the shelter belt in order to preserve that row of trees. It
is felt that the road could be developed without disturbing the row
of trees. It will be a very expensive proposition to span the entire
floodplain with a bridge but would be a lot more aesthetically
pleasing. The developers feel also that to make that 30 foot
reservation into a 60 foot reservation will have a very detrimental
affect on the value of those lots. Manning asked how wide the hedge
row was? Lutz stated that it is approximately 60 feet. Manning
suggested that if the size of the hedge row had been such that it
could have been transplanted or moved in some fashion that might have
been an option but it is obvious that the size of the trees would
preclude that option. Reynolds felt that the shelter belt should be
preserved and set aside as a scenic easement. This would protect the
integrity of the area.
Manning asked if the subdivision would be able to have enough water
pressure for their needs as well as enough pressure in the fire
hydrants for adequate protection. Carver stated that Evergreen water
is working on locating an elevated reservoir in that area. This will
aid the pressure problem that has existed and probably be available
within two years. Carver stated that the pressure does fluctuate
because they are operating on a booster pump system that works on
demand. They are converting to a more constant pump system and raised
the water rates last year to do that.
Manning stated that Whitefish Stage Road does need to be addressed.
There is reference to it in the beginning. But he felt that the Board
should send a letter to the County commissioners stressing that it be
placed very high on the agenda for improvement. Sloan stated that she
is on the TAC committee and stated that the Commissioners are very
much in favor of that road being improved. The problem is obviously a
funding problem. She felt that it would be appropriate to communicate
the Boards concerns to the Commissioners and the TAC committee. She
* also encouraged Frank Miller to have the homeowner's association of
his subdivision do the same. Manning also suggested a copy of the
letter to Clete Daily. The developers suggested that not only should
River View Green Subdivision be referenced but also the other
subdivisions in the area as well as the school.
Greer stated that it does not make much sense to point out the
improvements needed for Whitefish Stage Road because of the impacts
that development is having there and then ask for approval of another
subdivision. The idea of subdivision review is that you identify the
impacts of this subdivision and try to mitigate the impacts by
- imposing conditions. One of the impacts that the Commissioners will
\ ) look at is the westerly extension of West Evergreen Drive which will
help the traffic congestion and offer another opportunity to get
traffic off of Whitefish Stage Road. Sloan stated that the letter
( ! should not be sent with the application.
Frank Miller stated that if the problem exists and it is not
addressed then there it could be viewed as negligence. The Board's
basic responsibilities would not be fulfilled.
Gunnerson stated that this area is the future development area and
with this type of development going in, the future needs should be
looked at. He also felt that there is a need to address the problem
at the time when the situation has been brought to the attention of
the Board.
Greer stated that when North Village Subdivision was reviewed the
problem of Whitefish Stage Road was discussed. The response from that
discussion then was to widen the road in the area of the school. Many
people feel that was not enough. The problem you have in addressing
the problem of Whitefish Stage Road in conjunction with the
subdivision is the possibility of placing the subdivision in a bad
The Board reviewed each of the conditions to make any possible
changes to them. Trippet suggested omitting condition number 19
because the state and county have the right of condemnation and
therefore the 30 foot reservation could be taken by the county in the
future if the extension of West Evergreen Drive is ever pursued. They
could also take more than the 30 feet allotted if it were needed at
that time. Greer stated that it is agreed that the shelter belt
should be preserved. The subdivision design could make it difficult
to get the easement needed for the road extension. This subdivision
must offer an easement to help mitigate the impacts to Whitefish
Stage Road. The developers were still objecting to providing an
easement without compensation even though the area is being set aside
and not built in. The developers felt that the cost of building a
bridge over the Stillwater at that point will be viewed as too costly
at this time and would preclude development in that direction for at
least the next decade. They felt that giving an easement at this time
would be premature but that in designating a reservation they would
be leaving an option open for future development of a road if it
should ever come to pass. Greer stated that it is customary to
request an easement of a subdivision developer if the request is
reasonable in mitigating an impact that would be caused or enhanced
by the development.
Manning asked the Board what they wanted to do with Condition #13.
Greer suggested that number 13 be eliminated and in condition 12 add
the statement that the covenants shall also provide for the care and
management of the shelter belt. The Board felt that was a good
option.
Manning asked what the Board would like to do with condition 15. It
was suggested that a mutual agreement be made between the Golf
\ / Association and the Homeowners' Association concerning the boundary
fence if it is ever removed.
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( / In further discussion concerning condition 19, Trippet again
suggested omitting the condition. Greer suggested that if that is
done a reference should be made in the covenants as to what the 30
foot roadway reservation means so that the prospective owners know
what it is and who is going to maintain it if the roadway is not
needed or until it is needed. The Board derided to add to condition
12 a statement concerning the roadway reservation in the covenants.
Motion Reynolds moved to recommend approval of the preliminary plat of River
View Greens with the following conditions:
1. That the lot sizes conform to the bulk and dimensional
requirements of the zoning district.
2. That sufficient area be set aside on each lot to provide
sufficient space for the on -site parking of two vehicles. No
parking shall be permitted on the roads unless the road surface
is increased by at least eight (0) feet.
3. That the roads be paved to a minimum width of 22-24 feet and be
built in accordance to County standards for paved roads. River
View Drive shall be completed to the area of the temporary cul-
de-sac and include a temporary connection to the roadway
adjoining the northerly property line prior to final plat
approval of Phase I.
4. That all roads be named and posted.
5. That approach permits be obtained from the County Road
Department for all access approaches onto Whitefish Stage Road.
6. That all run-off be retained on -site with no run-off directly
entering the Stillwater River. Plans for disposal of run-off
shall be approved by the State Department of Health and
Environmental Sciences and by other agencies having
jurisdiction.
7. That the subdivider waive the right to protest annexation into
the City of Kalispell and creation of special improvements
districts and provide a notice of intent to withdraw from the
Evergreen Fire District prior to the approval of the sewer
plans. Written compliance with this requirement shall be
determined by the City Attorney.
8. That the water, sewer and
hydrant facilities be built in
accordance to the City of
Kalispell "Standards and General
Provisions for Design and
Construction". The design and
construction plans for said facilities
shall be approved by the
City Public Works Department
who shall also have authority to
perform on -site inspections
and verify compliance with the
approved drawings. This authority is specifically provided
under the terms of the
North Village Sewer Connection
Agreement.
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9. That parkland dedication be waived in lieu of the establishment
of homeowners' parks having an area equivalent to at least 2.83
acres. Each subdivision phase shall be responsible for
providing a proportionate share of the parkland requirement.
The park site(s) shall be improved by providing such developed
facilities as walkways, picnic sites, and playground equipment.
The taxable responsibility of each park site and conservation
area shall be proportionally distributed to each lot using
measurements of net and gross acreage.
10. That the roads be privately owned and maintained with the
homeowners' association having responsibility for the care and
maintenance of those roads. Again, the net and gross acreage of
each lot shall reflect ownership of a proportionate share of
the roadways.
11. That all utility connections provide for the planned service of
Phase II. All utilities shall be stubbed or otherwise provided
to Phase II in a manner that will avoid the need to excavate,
cut, or disturb the paved portions of any road in the
subdivision. The developer shall provide a statement(s) prior
to the paving of any road that all utility extensions to Phase
II have been installed or "stubbed -in" as necessary to avoid
disturbance of any paved roadways.
12. That the covenants specifically identify the roads, parks and
conservation area as being the responsibility of the
homeowners' association who shall have the authority to levy
fees for the care and improvement of those facilities. The
covenants shall also provide for the care and management of the
shelter belt of trees. The area designated as a "future roadway
reservation" shall also be maintained by the Homeowners'
Association.
13. That 10 to 15 foot wide easements be labeled on the face of the
plat to identify the location of any utility lines placed
outside the perimeter of the road right-of-way. All roads shall
be labelled as "private road and utility easements."
14. That a fence be installed and maintained along all portions of
the subdivision that border the golf course unless golf course
officers wish to have the fence requirement modified in lieu of
providing some other form of acceptable security solution that
is mutually acceptable to both parties.
15. That the covenants provide specific reference to the North
Village Sewer Connection Agreement relative to "waiver of right
to protest annexation to the City" and related statements such
that each lot owner is aware that the subdividers have waived
such rights for the area of the entire subdivision.
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16. That the subdividers address and substantially satisfy the
/ ) concerns and comments expressed by the City of Kalispell'in its
- letter of November 25, 1987.
17. That the affected water and sewer districts approve connection
of the subdivision to their respective systems. Certification
of approval shall also be required from the State Department of
Health and Environmental Sciences.
18. That a ten (10) foot wide roadway easement be specified on the
face of the final plat along the easterly boundary of the
subdivision adjacent to Whitefish Stage Road.
19. That all roadway improvements as shown on the face of the plat
be built prior to the filing of Phase II. This shall include
the construction of the road between Stillwater Lane and
Whitefish Stage Road. This requirement is not intended to
supersede Condition #4 of the Conditional Approval of North
Village Phase I.
20. That the temporary road associated with Phase I be built as a
permanent road (as necessary to provide a secondary exit) if
Phase II is not platted.
21. That mail be delivered in a manner and location acceptable to
the U.S. Postal Service.
( / 22. That revegetation of disturbed soils be accomplished in
- accordance with a plan approved by the Flathead County Noxious
Weed Control. Furthermore, any top soil removed in conjunction
with the development of the roads and other improvements shall
be stored on -site and redistributed to areas requiring
revegetation as provided in the approved plan.
23. That all improvements shown on the plat and as required herein
be completed or guaranteed by the subdivider in accordance with
Chapter 9 of the Flathead County Subdivison Regulations prior
to approval of the final plat. Phase I improvements shall
include all roads and utilities, and park facilities necessary
to serve Phase I.
Trippet seconded the motion and it passed unanimously in a roll call
vote.
OFFICIAL ZONING Greer stated that the public hearing could not be held tonight. He
MAP ADOPTION explained that the adoption of the Official Zoning Map would
implement the zoning ordinance (No. 1110) dealing with the reduction
of zones that has passed the City Council. Since the public hearing
date was noticed incorrectly, a different date has been set aside to
hear the public comments. The general concensus is that the Board
could meet at 4:30 p.m on December 22, 1987 to consider this one
item. Manning requested that the Board be notified so that they do
( ) not forget. Greer stated that since the agenda says there will be a
public hearing tonight he requested Manning to open the hearing.
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Manning suggested opening it and then continuing it to the December
< ' 22, 1987.
Public Hearing Manning called on proponents for comments. There being none, he
called for opponents comments. There being none. Manning requested a
motion to table the public hearing.
Motion Stephens moved to table the public hearing until December 22, 1987.
Hash seconded the motion and it passed unanimously.
OLD BUSINESS Greer stated that at the next month's meeting, if appropriate, two
items of old business will be brought back: 1) Amendments to the
Zoning Ordinance; and 2) Sign Regulations.
NEW BUSINESS Manning requested that a draft letter be prepared concerning the
problems with Whitefish Stage Road and bring it back to the December
22, 1987 meeting for the Board members to sign.
ADJOURNMENT Stephens moved to adjourn the meeting and it was seconded by Trippet.
The meeting was adjourned at 9:15 p.m.
Charles Mann ing,\Pres�,dent �Ava Walters, Recording Secretary
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