08-12-86 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
AUGUST 12, 1986
CALL TO ORDER The meeting was called to order by Charles Manning, President at 7:35
AND ROLL CALL p.m. Those present were LeDuc, Reynolds, Sloan, Hall, and Manning.
Those absent were Stephens, Crick, and Trippett. Also present was
David Greer, Senior Planner of the Flathead Regional Development
Office.
APPROVAL OF MIN- Reynolds moved to accept the minutes of the July 8, 1986 meeting as
UTES JULY 8, 1986 submitted. Hall seconded the motion and it passed unanimously of the
quorum present.
STILLWATER Manning introduced the application by Don C. Walker for preliminary
MEADOWS PRELIMI- plat approval of Stillwater Meadows, an 11-lot residential
NARY PLAT subdivision. Generally, the subdivision is proposed in an area south
of Conrad Drive and north of Anderson Lane, between the Stillwater
River and the Flathead River. It is further described as being
located on 13,36 acres on Tracts 2IB and 2GAB in the NE 1/4 SW 1/4 of
Sectin 9, Township 28 North, Range 21 West, P.M.M., Flathead County.
Greer gave the staff report saying that this subdivision had
previously received conditional, approval from the County
Commissioners in 1981. The average lot size will be one acre, The
property has a rural character with six single-family dwellings
adjoining some of the property but that agricultural uses tend to
dominate in the vicinity.. He stated that the proposed subdivision
would be in substantial conformance with the "Suburban Residential"
designation of the Kalispell City -County Master Plan but that the
text of the Plan also states that "where appropriate, reserve areas
within the 100-year floodplain in a natural state as. parkland,
wildlife habitat, open space or agriculture." _Each of the lots would
have individual wells and septic tanks and that covenants are being
proposed to establish responsibilities of ownership and maintenance
of -the common properties. The permitted uses of the subdivision would
be,restricted to single-family dwellings. He stated that flooding is
the principal threat to public health and safety in the area of the
proposed subdivision. The Flood Insurance Rate Maps indicate that the
subject property is located within the 100 to 500 year frequency
floodplain (Zone B). The Department of Natural Resources and
Conservation has determined that a significant portion of the
proposed subdivision is below the elevation of the 100-year frequency
flood. A later letter from John R. Hamill, Supervisor of the
Department of Natural Resources and Conservation, states that the
proposed subdivision may not be in the 100-year floodplain but is
subject to some shallow flooding during a 100-year frequency event.
Greer stated that there is riparian habitat found along the banks of
the Stillwater Fiver and the backwater channel of the Flathead River.
The Montana Department of Fish, Wildlife, and Parks suggests that the
riparian vegetation remain undisturbed and that all development be
set back as a buffer to those areas. Rapid percolation may be a
problem in the area. The Soil Conservation Service indicates that the
/1 soils in the area have severe limitations.for development. For the
v individual sewage treatment systems, concerns pertain to (1) depth of
groundwater, (2) percolation rates, and (3) location of the 100-year
floodplain. The preliminary test hole results monitored by the
Flathead City -County Health Department suggest that the groundwater
"is not so shallow, as to preclude use of conventional absorption
trenches." Since there is no park proposed for the subdivision, the
fee -in -lieu is set at $2,526. The soils are a class II and designated
prime agricultural land. The previous conditions of approval for this
subdivision indicate that the property has been flooded on at least
three other occasions. He added that areas of concern in addition to
a potential flooding problem are the suitability of the property for
individual septic tanks and the loss of prime farmland. The staff
recommended denial of the preliminary plat approval for this
subdivision but did also list 16 conditions of approval if the County
Commissioners should decide to approve the subdivision.
Public Hearing Manning opened the meeting to a public hearing and asked for comments
from those in favor of the subdivision.
Mrs. Don Walker stated that they do support the 16 conditions of
approval. She also stated that real estate offices have stated that
there is a real shortage of one acre lots close in to town and that
there seems to be a desire by prospective buyers for this type of
property.
Don Walker stated that the property is impractical to farm. He cited
the example that this year he hayed the property and received $118
but the taxes on the property are approximately $268.00.
There being no further proponents, Manning called for comments from
opponents of the subdivision.
Charlene Lengstad stated she was opposed to the subdivision because
of the shallow wells in the immediate vicinity. She was concerned
because the drainage is toward the other properties with the shallow
wells. She could not understand why there is so much confusion over
the floodplain since she believed that it was in the 100-year
floodplain. She added that, in 1981, the property owners were made
promises that the county would improve the county road south of the
subdivision. This has yet to be done. The road is too hazardous for
the traffic that is now using.it. She also felt that Conrad Drive was
carrying a lot of traffic and it was not up to the standards needed
for that amount of traffic.
Betty Daily added her opposition by saying that there are a lot of
logging trucks using -Anderson Lane to go to the sawmill at the end of
the road.
Mr. Smith, a farmer in the area, cited that there had been floods
O there in 1908, 1916, 1948, and 1964. He also cited that the septic
tanks would all be draining into the rivers and subsequently into the
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lake. He felt that the added septic tanks will cause trouble for the
shallow wells.
Chuck Williams stated that he could live with the lots being three to
five acres in size but not one acre in size. He also agreed with the
Fish, Wildlife, and Parks Department that there is an excellent
riparian area on the banks of the rivers and the Owen Sowerwine
preserve is near there, which may also be adversely affected.
Board Discussion Hall stated that the saw mill at the end of Anderson Lane is in bank
ownership and may not be in existance for very much longer, since it
is up for sale.
Sloan asked why the previously approved subdivision was not followed
through? Mrs. Don Walker explained that the property had been sold
to someone else who got the preliminary plat approval and then
subsequently they had to take the property back and now they are
asking for approval of the same subdivision as previously approved.
LeDuc expressed concern about the water table in that area and felt
that the septic tanks would be a problem. Sloan agreed with LeDuc and
added that concern about the shallow wells in regards to the addition
of more septic tanks in the area.
Greer pointed out the the State Department of Health and
Environmental Sciences will require a drainage plan. The Flathead
City -County Health Department has a concern over the fast percolation
in the area. He stated that if the property is in the 100-year
floodplain they can build there only if they floodproof it. This can
be done by building structures that are two feet above the floodplain
elevation.
Reynolds also felt concern for the threat of flooding and for the
number of lots to be created.
Manning felt that the two lots adjoining Anderson Lane could create a
problem so access should be restricted to the private road within the
subdivision.
Hall expressed concern over the present property owners in the area
have septic tank approval and the proposed subdivision having a
complication with getting septic tank approval.
Charlene Lengstad, of the audience, stated that she felt the area was
already over developed. She felt that the same problem experienced in
Green Acres had a potential for developing in this area.
James Burton, surveyor for developer, stated that perk tests have
been done on each of the lots for the purpose of determining the size
of the drainfield. Five test holes were done in May at the request of
Glen Gray and the ground water did not come close to the six feet
level in all five test holes. Mrs. Walker added that this has been
done twice.
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Motion Sloan moved to recommend denial of the proposed subdivision due to
overwhelming concern of potential threats to public health and
safety. Reynolds seconded and the motion passed with the following
vote: Sloan, Reynolds, and LeDuc in favor and Hall opposed.
WORKSHOP ON ZON-
ING OUTSIDE CITY
LIMITS OF
KALISPELL
OLD BUSINESS
Manning stated that the workshop for establishing zoning districts
outside the, city limits of Kalispell would start following
adjournment of the meeting.
Manning asked Greer to comment on the Mainstreet Revitalization
Workshop he attended.
Greer stated that the workshop was conducted by the National Main
Street Center in Washington, D.C. The content of the workshop was
excellent and well worth attending. He stated that a wealth of
information was presented during the workshop that he was not
prepared to provide a detailed report on the conference, The main
topics included downtown revitalization strategies, building
improvements, and financial strategies.
Manning requested that each of the Board members be provided with
copies of the City Zoning Ordinance, City Subdivision Regulations,
'Extra -Territorial' Zoning Ordinance, County Subdivision Regulations
and the recently adopted City -County Master Plan.
NEW BUSINESS Greer stated that all of the planning boards with the exception of
Columbia Falls, which has not yet been contacted, have agreed to try
to schedule the workshop for the planning boards in the middle of
November. He stated that he has asked the Department of Commerce for
assistance and followed up his verbal request with a letter. They
have said that they will assist but have not sent written
notification to that effect yet. He added that the Columbia Falls
Planning Board will be presented with this at their next meeting. As
soon as possible, the workshop will have to be set up.
Manning asked how many meetings Frank Crick has missed. Walters
stated that he has missed six consecutive meetings. Manning stated
that he felt there needs to be a replacement for him since it appears
that he is going to be unable to attend the meetings due to
employment obligations.
Motion LeDuc moved to send a letter to the County Commissioners requesting a
replacement for Frank Crick since he is a county member of the Board.
Hall seconded the motion and it passed unanimously of the quorum
present. Jim Treweek was suggested as a possible replacement.
ADJOURNMENT The meeting was adjourned at 8:52 p.m.
M
t, Char
Approved:
Recording Secretary, Ava Walters