06-14-83 Planning BoardCall to Order
and Roll Call
\1
Approval of Minutes
Preliminary Plat Approval —
South Gate
KALISPELL CITY —COUNTY PLANNING BOARD MINUTES
June 14, 1983
Members Present:
Doug Morton
Paul Palmer
Kathleen Jukich
Jack Peters
Virginia Sloan
Members Absent:•
Ed Trippet
Bob LeDuc
Harvey Simpson
Others Present:
Jim Mohn, Senior Planner, F.R.D.O.
Dean Marquardt
Six guests
The meeting was called to order by Vice Presi—
dent Morton in the Council Chambers, Kalispell
City Hall.
Palmer moved that the May 10, 1983 minutes be
approved as circulated. Seconded Jukich. Unanimous
vote. Motion carried.
The next item on the agenda was the request from
Dean K. Marquardt of Mark III Corporation for
preliminary plat approval of "South Gate" sub—
division, a 32 lot subdivision located northwest
of the intersection of South Woodland Drive and
Kelly Road. The property contains 3.7 acres of
land and is described as Assessors Tract 70GE
and a portion of 70G in the NEk, Section 20,
T28N, R21W, P.M.M., Flathead County, Montana.
Mohn presented the F.R.D.O. report and the follow—
ing staff recommendations.
A. Variance Request:
Granting of the requested variance from Section
5.6.2 of the Flathead County Subdivision Regulations
is recommended based on the following findings
as stated in Section III of staff report with
the following conditions:
1. That the lot widths be not less than 40 feet.
2. That the covenants require building setbacks
of 15 feet from front lot line, that a two car
garage for each structure be provided.
3. That the developer provide a four foot wide,
paved pedestrian walkway adjacent to Kelly Road
(along Lots 22 and 23), South Woodland Drive
(along Lots 23 and 32), and that the ten foot
storm drainage and waterline easement along 13
and 32 be provided also as a "homeowner's pedes-
trian walkway".
B. Approval of the preliminary plat of South
Gate is recommended subject to the following
conditions:
1. Approval of the variance request as stated
in "A" above.
2. That all water, sewer and storm drainage plans
be approved by the State Department of Health
and City of Kalispell, Director of Public Works
where appropriate. The water and sewer systems
be installed in accordance with the City of Kal-
ispell's "Standards and General Provisions for
Design and Construction" and be approved by the
City of Kalispell's Director of Public Works.
3. That the final plat be encumbered in accordance
with the requirements stated in the "Developer
Extension Agreement" as recorded in Book 762,
pages 900,through 905, records of Flathead County.
(Annexation and Waiver of Right), and further .
that the plat be encumbered by a Waiver of Right
to Protest the creation of S.I.D.'s for water,
storm drain and street right-of-way improvements.
4. Fire protection facilities be provided in
accordance with the "Standards for Fire Protection"
as adopted by the Flathead County Fire Fighters
Association, December, 1982. Said facilities
be approved by the Chief of the South Kalispell
Volunteer Fire Department and the City of Kalispell
Fire Chief. (Re: Exhibit "J" attached).
5. That the private road be built to County stand-
ards and paved with a 24 foot driving surface
and a 40 foot radius cul-de-sac surface.
6. That all driveway and roadway approaches to
Kelly Road and South Woodland Drive be approved
by the Flathead County Road Department.
7. That covenants provide for (1) a 15 foot front
yard setback with a required two car garage per
unit per lot, and (2) mutual exterior maintenance
for common wall.
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8. That cash -in -lieu of park land be accepted.
9. That the private road also be labeled as
"utility easement" along with easements as required
by City and public utilities.
10. That the private road be named.
11. That the total number of lots not exceed
30, with the reduction in lots occuring along
South Woodland Drive, to reduce traffic conflicts
and reduce conflicts at the Kelly Road inter-
section.
12. That the final plat provide that a "ten foot
homeowner's walkway, with storm drain and water
line easements" across Lots 13 and 32 be provided.
Said walkway be fenced and signed as "walkway".
13. That the developer create a lighting district
for the subdivision and that street lights be
installed at such time as 25'/ of the lots are
improved.
14. That the necessary design adjustment be made
to comply with the above -stated conditions.
15. That any change in covenants be approved
' by the Board of Commissioners.
Sloan asked if #7 of the preliminary plat recom-
mendations eliminated off-street parking. Mohn
replied that it did.
Morton opened the public hearing and asked for
comments from the proponents.
Dean Marquardt, surveyor, stated that he was
in general agreement with the recommendations,
was in agreement with the lot reduction as stated
in #11, but would like the reduction in the middle
tier of the lot and a stop sign would be provided
on South Woodland and Kelly Road.
Sloan asked if there would be a drainage problem
as there had been a drainage problem before.
Marquardt said that this had been checked out
and was in compliance with the F.H.A. requirements.
Jukich asked Marquardt if any water would drain
into Green Acres West and if it was going to
enter the pond.
Marquardt replied that he was going to lower
the water level in the pond and work the problem
out with the County.
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Morton asked for comments from the opponents.
Doug Billmayer stated that he conducts a business
in the area and felt that this proposal would
devalue his land, increase vandalism which would
increase his needs for extra security and increase
liability insurance and increased noise. Also
that the existing water system could not stand
anymore hookups.
Dennis Strand, Manager - Pepsi Cola Company,
said the Pepsi property was approximately two
blocks away. His concerns were the amount of
increased traffic, vandalism to vehicles and
an increase in taxes.
Al Milled,;: owner - Alpine Vending, said that
he was not against progress, but was concerned
about the increased vandalism and the needs for
more security, as in the past years he has had
numerous breakins from the people who already
reside in the area. Also, increased taxes and
a decreased value of his property.
Frank Crick, adjacent landowner, stated he had
the same problems as the rest of the landowners
and requested a denial on the project.
Marquardt said that when Green Acres was in the
process that the County road was dedicated to
the public and paved and there were no complaints
from these neighbors then.
Jukich asked that since it was not City water,
would the well site be on this parcel of land.
Marquardt replied that the plan was to develop
two or three well sites.
Sloan asked what the projected day of completion
would be.
Marquardt stated that tentively 12 would be built
this year and, hopefully, the remainder next
year.
Jukich asked that when the lots were sold, if
there was an architectural control that would
-have to be abided by.
Marquardt stated that yes, there would be an
architectural control.
Palmer said he was concerned about the maintenance,
as this would be an ongoing problem and that
he could see problems without the benefit of
condo or townhouse ownership. Also, that under
-4-
the Comprehensive Plan people have been encouraged
to zone, and that the Comprehensive Plan was
only a guideline.
Marquardt said that there would be fenced yards
for each unit with the front divided by a drive—
way and clear delineation as to yard responsi—
bilities.
Sloan asked if there was any assurance that the
architecture would be consistent with the other
12 that are being built.
Marquardt said that there would be the usual
assurance of the architectural control board.
Palmer said that he would like to see some cov—
enants that would address these items and would
vote for it because it is within the law.
Miller stated that he thought Palmer was "talking
out of both sides of his mouth" and that he did
not receive a notice of the meeting in time and
asked if the meeting cou'1-d be tabled until he
had sufficient time to consult his attorney.
Mohn said that adjacent landowner letters had
been sent out and Mr. Miller had been in the
F.R.D.O. He further stated that the notice was
sent to the address on their records of current
landowners.
Jukich moved that the meeting be continued to
Wednesday, June 29, 1983, at 7:30 P.M. in the
Council Chambers. Seconded Peters. Unanimous
vote.. Motion carried.
Miller stated that he would be out of town at
that time, but he would have a representative
present.
Old Business A discussion on the disposition of funds was
held. Mohn explained this to the Board members.
Jukich felt that a seminar including all of the
Planning Boards would be helpful and possibly
a speaker from the State Bureau of Subdivisions.
Sloan also felt that a joint meeting and joint
educational effort should be considered.
Jukich requested that the budget request be looked
into and how much has to be budgeted for next
J year.
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New Business
This was tabled for the June 29, 1983, meeting.
It was suggested that the members submit one
to three names for the Member at Large position.
Sloan said that if anyone had nominations, that
everybody else be made aware of these prior to
a vote.
Meeting adjourned at 9:25 P.M.
Respectfully submitted,
LouAnn Conrad
Recording Secretary
M.
Cha
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