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05-25-82 Planning BoardCall to Order and Approval of Minutes KALISPELL CITY -COUNTY PLANNING BOARD AND KALISPELL CITY -COUNTY ZONING COMMISSION MINUTES May 25, 1982 Members Present: Kathleen Jukich, President Bob LeDuc Jack Peters Roger Graham Paul Palmer Ed Trippet Doug Morton Others Present: Jim Mohn, Senior Planner, F.R.D.O. 13 guests Meeting was called to order in the Kalispell City Hall at 7:30 P.M. by President Jukich. The minutes of the April 27, 1982, meeting were approved as circulated. Green Tree Meadows The first item of business on the agenda was the Public Hearing request from Darwin Hamilton for preliminary plat approval of Green Tree Meadows, an 81 lot mobile home subdivision on 49.5 acres of land located south of Lower Valley Road and east of Demersville Road, 2 mile east of Four Corners. Property is described as the resubdivision of portions of Demersville and the Missoula Addition to Demers- ville in the E2, Section 28, T28N, R21W, P.M.M., Flathead County, Montana. President Jukich turned the floor over to Jim Mohn, Senior Planner from the Flathead Regional Development Office, who gave the background infor- mation of the request and the F.R.D.O. recommenda- tions. Demersville School Opening Mohn stated that he had spoken with Robert Anderson, Superintendent of the Somers School, who wished to clarify the statement regarding the condition of the Demersville School as stated in the Environ- mental Assessment. Anderson said that the decision to re -open the Demersville School would have to be decided by the Demersville School Board within the next fiscal school year. Flathead County Sanitarian Mohn introduced a letter from Tom Cowan, Flathead Letter County Sanitarian, dated May 25, 1982, which had been received that afternoon at the F.R.D.O. The letter was in regards to a large swale that runs through the property between Trails End Drive and Green Tree Drive. The letter was read to the Board and the public by Mohn along with Cowan's recommendation of a "redesign of the affected lots combining some together to broaden the width of the lots on the higher, more suitable areas, therefore providing more useable area on each lot." Mohn asked that the developer grant a 60 day ex- tension so that the Swale problem, as noted by the County Sanitarian, could be worked out and then re -submitted before the Board before any further action be taken. President Jukich opened the public hearing and asked for comments from the proponents. Public Comment - Dean Marquardt, surveyor for the project, said Dean Marquardt that recommendation #1 was okay. In regards to recommendation #2, he stated that the previous history on parks and resubdivisions should be reviewed, and that on a resubdivision the park requirements had been met. He asked for cash in lieu of park. He further stated that this was a clear case where the policy had been changed by the Planning Office without informing the parties and surveyor involved. Recommendations 3,4,5 and 6 were fine. Marquardt said that recommendation #7, which concerned the construction of a four foot chain link fence, had been worked out between the owner/developer and the adjoining property owners. , Marquardt also said that recommendation #8 was not a requirement to have the road rights -of -way built to County standards, as this is already a platted subdivision and they are already County roads. He said that if these are private roads that the owners should build them as they see fit. -2- Marquardt requested that the Board do the following: 1. Allocate private roads to be built as the de- veloper sees fit and, 2. Meet up to County standards. Regarding the letter from the County Sanitarian, Marquardt stated that there had been adequate time for the Sanitarian to submit his comments and that this was not in accordance with the proper planning process. He asked that preliminary approval be granted and that if some lots had to be combined, that they would do so. Public Comment - Darwin Hamilton, owner/developer, stated that Darwin Hamilton this was a subdivision already, as it had been platted first in 1886 and then again in 1895. He said that 1700 trees and shrubs had already been planted. Hamilton further mentioned that he would like to apply for a Special Improvement District Area and have the roads blacktopped. Public Comment - Jay Billmayer, engineer, said that in regards Jay Billmayer to the swale problem, that it was a matter of re -situating the drainfields on the lot and routing the surface water off of the drainsite. He also mentioned that this would be reviewed for HUD approval. Jukich asked for comments from the opponents and opened the floor for such. Public Comment - Andy Anderson, area resident, stated that he would Andy Anderson like to see the subdivision "put in right" and also a disposal plant constructed. Public Comment - Doug Anderson said that he lived on the west side Doug Anderson of the proposed subdivision and would like to see a chain link fence constructed and also a park so that there would be place for the people to go. Public Comment - Al Albrecht stated that he had spent a lot of Al Albrecht money building a new home and did not want.a trailer court nearby. He further stated that with all the increased traffic that there was going to be a lot of dust and that he wanted the roads paved. -3- Public Comment - John Stutzman, representative of the Demersville John Stutzman Schbo �'sa df'that they have one year until a decision can be reached as to whether to reopen the school or annex with the Somers School. The public hearing was turned over to the Board members for further questions and recommendations. Board Comments Ed Trippet felt that with the size of the subdivi- sion and the anticipated population, that this warranted having some park facilities on the sub- division. Roger Graham said that this subdivision will be providing housing facilities for 81 houses and approximately 200 people and that it would benefit the people to have a recreational facility to serve these people. Paul Palmer stated that the covenants are only enforceable by the people within the boundaries. He also asked if the Board has the right to imple- ment the laws of a resubdivision under these condi- tions. Jim Mohn said that if the roads were to remain private, that the Sheriff's Office could not patrol these. Darwin Hamilton said that the Federal Housing Examiner had looked at the proposed subdivision and stated that he did not know of a development in this area that was needed more than this. Doug Morton asked if a provision could be made wherein if the proposed park site was not used within five years, if this park land could be reverted back to the developer. Mohn said that he could see no problem with this if it was a homeowner's park. Dean Marquardt felt that the decision of the park should be left to the County Attorney's Office. Darwin Hamilton stated that the Homeowner's Asso- ciation is a.Montana Corporation and that it would be taxed as real estate and not as personal pro- perty. -4- Decision and Recommendation Trippet made a motion that preliminary approval of Green Tree Meadows be approved subject to the following recommendations and conditions: 1. That all water and sewerage systems be approved by the State Department of Health and County Sani- tarian and that the water system be designed and installed at Ten States Standards (equals with City of Kalispell Standards) with the appropriate fire fighting facilities approved by the Chief of the South Kalispell Fire Department. 2. That recommendation #2 which stated, "That the areas of lots 14 through 20 be set aside as homeowners park. This totals 4.09 which will almost meet the 1/9th statutory requirement of 4.6 acres. The final plat shall provide the full park area required.", be decided by the County Attorney's Office. 3. That a 15 foot utility easement be provided along the lot line common to lots 8 and 9. 4. That a ten foot drainage easement be provided along the rear lot lines,of lots 30 through 35 and 54 through 60. 5. That a ten foot access control strip be provided along the side/rear of lots 77 through 81, lot 1, lots 9 through 12 and 21 through 26. 6. That the Conservation District's "Agricultur.al. Covenants" be incorporated in final Covenants as follows: "Agricultural Covenants and Restrictionsi) a. Lot owners are advised that agricultural activities are conducted in the immediate vicinity which may produce odors, noise, dust and involve the utilization of herbicides, which can have an effect on this property. b. Any authorized representative of any governmental agency shall have the right at any reasonable time to inspect the grounds and gardens of any lots of disease -harboring plants, shrubs, or trees and if found, to dispose of same by the owner. -5- c. Each lot owner control or eliminate to the extent reasonably possible any noxious weeds as designated by State and Federal law growing upon their property. d. Adjacent farms will not be liable for odors, dust, noise, pesticide or sprays that are necessary in good agricultural operations. e. If there is a ground water condition at certain times of the year due to normal irrigation or agricultural interest, agricultural interest will not be held responsible for any damages. 7. Recommendation #7 which read, "That a four foot chain link fence be constructed along the eastern and southern boundaries of the site.", was resolved among the developer and adjacent property owners. 8. That recommendation #8 which read, "That roads within the subdivision be 60 foot rights —of —way built to County standards, private with a homeowner's agreement for maintenance and dedicated for public use.", be decided by the County Commissioner's Office. 9. That the plat is to provide net and gross acreages on each lot indicating that portion of the road to be taxed'to each individual lot. 10. That any mobile or modular homes placed on the property be on permanent foundations as defined by the Building Codes Division. 11. That any changes or amendments to the Covenants be approved by 70% of the lot owners and the Board of County Commissioners, Flathead County. Seconded by Peters. All members voted for this except Doug Morton who abstained his vote due to a conflict of interest with Hamilton. Motion carried. Torstenson/Dasen Request The next item of business on the agenda was the request from Ronald Torstenson and Richard Dasen of the Outlaw Inn for annexation approval of property located on the southeast corner of 14th Street WON East and Third Avenue East, Kalispell. The site contains 1.033 acres of land described as Assessors Tracts 4, 4B and 4C in the S2SW4, Section 17, T28N, R21W, P.M.M., Flathead County, Montana. Mohn gave the background of the request and the staff recommendations: 1. Landowners waiver the right to protect the S.I.D.'s for road and right-of-way improvements, storm drain and sewer systems. 2. Connection to and/or extension of City owned roadways and water, sewer and storm drainage systems shall be in accordance with the City of Kalispell's "Standards and General Provisions for Design and Construction". 3. That the property be zoned B-6 (Resort Business) as requested by Torstenson and Dasen be approved. Recommendation Trippet made a motion that approval of this with the staff recommendations be approved. Seconded by LeDuc. Unanimous vote. Motion carried. R.G. Walter Resubdivision The next item of business was the request from Request R.G. Walter for preliminary plat approval of the resubdivision of lots 2 and 3 of the resubdivision of Walter Addition No. 40, a four lot commercial resubdivision on 2.543 acres located east of Meri- dian Road between Snapshot Photo and Weissman and Sons. In the SW4, Section 7, T28N, R21W, P.M.M. Flathead County, Montana. Palmer made a motion that the request be approved. Seconded by Graham. Unanimous vote. Motion carried. New Business Morton said that all of the other Boards met only once a month. He made a motion that the Kalispell Board meet only on the second Tuesday of each month. Seconded by Trippet. Unanimous vote. Motion carried. Meeting was adjourned at 9:30 P.M. Respectfully submitted, LouAnn Conrad, Recording Secretary Approved: Chairman -7-