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02-11-86 Planning BoardMINUTES OF THE KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MEETING ON FEBRUARY 11, 1986 CALL TO ORDER The meeting was called to order by President Chuck Manning at 7:30 AND ROLL CALL p.m. Members present were Stephens, Sloan, Crick, Manning, and Trip- pett. Members absent were Santa, LeDuc, Reynolds, and Hall. Others present were Nakul Verma, Planning Director, and David Greer, Senior Planner of the Flathead Regional Development Office. APPROVAL OF Trippett moved to approve the minutes of the meeting of January 14, MINUTES - JAN- 1986 as submitted. Sloan seconded the motion and it passed unani- UARY 14, 1986 mously. NORTH VILLAGE Manning introduced the application by Duane Bitney for preliminary PHASEI plat approval of North Village - Phase I, involving the creation PRELIMINARY of 23 single family lots in an area northwest of the intersection of PLAT• West Evergreen Drive and Whitefish Stage Road. The property is further described as a portion of Tract 1 in the SE-14 SE-14 of Section 31, Township 29 North, Range 21 West, M.P.M., Flathead County. Greer gave the staff report on North Village - Phase I saying that the subdivision is part of an 80 acre tract of land. The subdivision is approximately 6.33 acres in size. Velva Bruyer, owner of the subject tract of land, is .donating a school site for the new Edgerton Grade School adjacent to the proposed subdivision. Greer briefly discussed the findings relative to the eight public interest criteria. In particular, he noted that the subdivision would be served by a single entrance which could affect public safety. Overland run-off to the adjacent school property could be a problem. The parkland requirement would be met by the donated school and park site but the actual parkland credit is uncertain at this time since the developer believes theentire school site should be counted as "parkland" rather than only the open space portion. The terms and conditions of the Sewer'., District Connection Agreement made between the Village Sewer District and the City of Kalispell would. establish many of the improvement standards relative to water, sewer, and street construction.. The subdivision was recommended for approval subject to 18 conditions listed in the staff report. Greer read and commented on each condition. Public Hearing Manning opened the public hearing by calling on proponents of the subdivision. Bruce Lutz, Landscape Architect for the subdivision, stated that the school site is a very intregal'part of this subdivision He stated that the school site is 8.5 acres of which 6.5 acres could be related to park use. He further stated that in closing the access from the school site to..Edgerton Street, as proposed by the staff, would delete the emergency access to and from the subdivision. There should be some provision for emergency access. Currently the market that this sub- division will be aimed at is the younger family with school -aged Uchildren. Dean Jellison, an attorney representing the developers, stated that this general area is intended to be a part of the City of Kalispell. The streets in the subdivision are intended to be city streets. At �) this time the homeowner's association was not proposed due to the fact that this will eventually be part of the city and the subdivider plans to approach the County Commissioners and see if they will take over the ownership and maintenance of the streets in this subdivision. If they will not do this, then at that time a homeowner's association will be formed. No one knows when the extension of West Evergreen Drive to Highway 93 will take place. Mr. Bitney does not own the land on which the south easement access is granted. That property is owned by the Parkway Association. He stated that he did not know of any authority for the planning board to require the subdivider to perform off —site improvements It may be that there is a valid concern about the top soil removal but the condition related to this subject needs to be reworded. Is the developer required to prepare a plan concerning the removal of top soil and revegetation of the disturbed soil and have it approved by the Flathead County Noxious Weed Board? Manning called on opponents 'to the subdivision. A letter from Pamela Chute, an adjacent property owner, was intro— duced. She expressed concern over the removal of the row of trees in the -area of the proposed future extension of West Evergreen Drive and the traffic situation that is being created in the area. A letter received from School District #5 was also introduced. Board Discussion Manning closed the public hearing and went over the letter from School District No. 5 expressing concerns over certain areas of the subdivi— sion proposal. The main concern expressed by the School District is the provision for children walking to school and it suggested that a sidewalk be provided along one side of the proposed Edgerton Street. Bruce Lutz stated that the proposed Edgerton Street will be paved 28 feet wide and the subdivider was considering putting striping on both sides..of..the road for walkways four feet wide. Sloan asked who is planning to expand West Evergreen Drive? Greer stated that the Kalispell City —County Master Plan proposes the exten— sion of West Evergreen Drive to Highway 93. Dean Jellison said that the second access from Edgerton Street to the school was for emergency traffic only. He further suggested deleting condition #4 since the property is not owned by Duane Bitney and is only an easement for emergency purposes. Verma stated that the subdivision regulations require that for a major subdivision there be two accesses. If the access to the school site is closed as proposed and theeasement to the south not improved for use then the subdivision will not be meeting the subdivision regulations. The recommendation to pave the south access was made knowing that Mr. Bitney did not own the property but that he did have an easement over that property. He stated that he would be opposed to the subdivision if the second 'access was not provided. He further stated that his definition of an improved road included paving of the road. ODean Jellison stated that he was not aware that the subdivision regulations required two improved roads for access. —2— There was discussion on whether condition #4 should be amended. Sloan asked if there is a master plan of this total subdivision? Bruce Lutz stated that there is and, when the subdivision is finished, there will be several ways in and out of the subdivision. Sloan added that this is just a small part of the total subdivision and without knowing how the roads will come together when .it is finished it is hard to agree with the subdivider's wish to provide only one improved access. Doug Denmark, a realtor associated with the subdivision, stated that this proposal forces paving at a 'time when it is unknown what will transpire regarding West'Evergreen Drive and probably after the south access is paved it will have to be removed to accommodate the extension of West Evergreen Drive. He suggested requiring only a good gravelled road at this time and then have it paved later when the extension of. West Evergreen Drive becomes a reality. The Board decided to retain condition #4 pertaining to the second access as recommended in the staff report. The Board then went through each of the conditions of approval provided in the Staff Recommendation and made some changes as seemed appropriate and they were mutually agreed upon. The vote for these amendments was conducted in the motion for the subdivision. Motion Trippett moved to recommend the approval of the preliminary plat of North Village - Phase I with the following conditions as amended: O 1. That the subdivision be approved, as applicable, by the Flathead City -County Health Department and the State Department of Health and Environmental Sciences. 2. That the roads be built in accordance to the City or County Road Standards for paved roads, whichever is more restrictive, and the Flathead. County Subdivision Regulations. The road shall be privately owned and maintained and road name signs shall be installed. 3. That Edgerton Street terminate at a permanent cul-de-sac instead of 'a temporary cul=de-sac on the northerly boundary of the sub- division, without connection to the adjoining school property. 4. That the West Evergreen Drive be extended westward at the sub - divider's expense to connect to Edgerton Street, and, by so doing, eliminate the temporary cul-de-sac at the southerly end of Edgerton Street. 5. That a striped bikeway/walkway be provided along at least one side of Edgerton Street and that a twelve (12) foot opening be provided in any fence constructed along the northern perimeter of the subdivision in the . area of the cul-de-sac for pedestrian access from the subdivision into the school site. 6. That all drainage be retained via retention basins, infiltration C� trenches, dry wells, or other suitable means to prevent storm runoff from the subdivision onto the school site or any other neighboring property. 90 7. That the water and sewer improvements be designed and con— structed in accordance with the terms •and conditions of the North Village Sewer District Connection Agreement made between nthe District and the City of Kalispell. 8. That the covenants be amended to include provisions pertaining to the following items: a) Incorporation of a homeowner's association. b) By —Laws of the homeowner's association. c) Ownership and maintenance responsibilities of the common property including the roads, and any signs. d) Reference to the overlying zoning district. 9. That an approach permit be obtained from the County Road and Bridge Department to connect North Village Drive to Whitefish Stage Road and all requirements of that Department be complied with. 10. That fifteen (15) foot utility easements be established along the roadways and as necessary elsewhere to accommodate all of the utility services and be shown on the face of the final plat. 11. That mail be delivered in a manner and location acceptable to the U.S. Postal Service. O12. That disposal of solid waste be contracted with a private hauler or be the responsibility of individual homeowners. 13. That all delinquent taxes be paid prior to approval of the final plat. 14. That the covenants, together with the amendments required hereto— fore, be recorded prior to the filing of the final plat. 15. That street lights be installed at appropriate locations within the subdivision at the expense of the subdivider. 16. That 3.3 acres of the proposed school site be accepted as park dedication provided it is so shown on the face of the final plat and is dedicated to the -general public for parks or playgrounds. 0.52 acres of this total will be applied to Phase I and the remainder to the future phases of the subdivision. 17. That revegetation of disturbed soils be accomplished in accord— ance with a plan approved by the Flathead County Noxious Weed Control Board. Furthermore, any top soil (approximately 6-12 inches) r.emoved 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. 18. That all improvements shown on the plat and as required herein be completed or. guaranteed in accordance with Chapter 9 of the —4— Flathead County Subdivision Regulations prior to approval of the final plat. Sloan seconded the motion and it passed unanimously. SCOTTY'S BAR Manning introduced the application by Scott C. Levengood for annex - ADDITION NO. 192 ation and zoning of a parcel of land into the City of Kalispell. Generally, the subject parcel is located on the east side of U.S. Highway 93 in the vicinity of Kelly Road. Greer gave the staff report stating that there is a single family house on the property as well as the bar. The house is being used for storage at the current time. He .further said that Scott Levengood paid a fee for hook up to the sewer line of Mark IV. He stated that the Police Department expressed concerns over man-hours needed to respond to calls from the bar and the confusing .parking situation on the property. The staff recommendation was for approval of the annexation request with six conditions. Scott Levengood asked if Third Avenue would be in. the city or the county? His main concern. was who was to maintain the nearby guard rail? Manning stated that section of the road was in the County. He also asked if he can get city services without being annexed to the City. Manning informed him that it depends upon the City Council. The Planning Board is only considering his application for annexation and will make a recommendation on it. Motion Stephens moved to recommend annexation of the subject property subject Oto the following conditions: 1. That the following individuals consent to the annexation: a) Allen J. Fopp and Myrna K. Fopp b) Emil J. Ferkovich and Sharon K. Ferkovich 2. That the property to be annexed will use City sewer service but will not use City water. At the time of the initiation of sewer service, the owner should be required to install a meter on the water with proper access given to the City Water Department in accordance with sewer regulations, City of Kalispell Rule 5(3). 3. That the Council should, prior to annexation, determine the statues of the fire hydrant which needs to be installed at Third Avenue East and U.S. Highwy 93. 4. That Scotty's Bar, upon annexation, must have all appropriate City licenses, i.e., gaming,.liquor, and poker machines. 5. That the ,Fire Department, Building Department, and Department of Public Works reserve the right to review all site plans for future development of the property. 6. That the subject:property be zoned B-3 (General Business). Sloan seconded the motion and it passed unanimously. -5- OLD BUSINESS Verma gave a brief status report on the proposed Kalispell City —County Master Plan saying that the County Commissioners had finally aproved it with a couple of minor changes. Those changes would then be submitted back to the City Council for their approval. Once the City approves it with the changes, then the Plan can go into effect. Manning asked if the Board had to make a. recommendation to the City Council concerning the changes made by the County Commissioners?-.Verma stated that it would not be necessary. Sloan asked if John Santa had been notified that he was re—elected to the member —at —large position? Verma stated that he had been notified in writing. Greer asked if the Board would like to have a work session meeting to begin work on zones for the fringe areas of Kalispell? Manning asked if the County Commissioners had responded yet to the correspondence from the Board? Verma replied that they had not. Manning suggested that a work session be scheduled after the County Commissioners have responded to the Board's suggestions for zoning in the fringe areas around Kalispell. Sloan suggested that a reminder letter be sent to the County Commissioner's requesting a :response. Manning instructed Verma to send such a letter. NEW BUSINESS None. ADJOURNMENT Sloan moved that the meeting be adjourned and Trippett seconded the motion. It passed unanimously and the meeting was adjourned at 9:30 p.m. Approved: Yna- , 13, 0 (o M Recording Secretary — Ava Walters