05-26-81 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD MINUTES
May 26, 1981
Members Present:
Ann Smith, Chairman
Bob LeDuc
Ron Nance
Norma Corbitt
Frank Paliga
Ed Trippett
Jack Heller
Others Present:
Jim Mohn, FRDO Planner
Minutes Approved Meeting was called to order at 7:30 P.M. in the Kalis-
pell City Hall by Chairman Smith. Minutes of the
previous meeting were approved.
Stillwater The Board considered a request by John Neal, et al,
Meadows for preliminary subdivision approval for "Stillwater
Meadows"; a 12 lot, residential subdivision on 15
acres of land located between the Stillwater River
and Anderson Lane, South of Conrad Drive, 1 mile
east of Kalispell.
FRDO Report Mohn-stated one adjacent landowner had not received
notice of the public hearing, so under the statutes,
the public hearing would be conducted and at the
landowner's discretion, the hearing could continue
or right of notice could be waived. Charlene Lyngstad
(adjacent unnotified owner) stated the hearing should
continue.
Mohn noted density proposals and open space require-
ments as outlined by the Comprehensive Plan were
compatible. Mohn noted the goal of the Comprehensive
Plan "open spaces" was to develop a greenbelt -parkway
system that focuses on natural and man-made water
features. This system would...provide natural wild-
life habitat, stabilize stream banks against erosion,
provide buffer and transition zones between land
uses, facilitate storm drainage and establish casual
routes or alternate routes for multi -mode transporta-
tion facilities. Mohn stated the area had flooded
in 1894, 1948 and 1964, however, the property was
not located in the 100 year flood plain; ground water
table was at 72 feet, 12 feet below the minimum depth
required by the State.and County Health Regulations.
Correspondence Mohn read a letter signed by Thomas R. Hay, MT Dept.
of Fish, Wildlife & Parks, noting concern with detri-
mental effects to deer, bald eagle. osprey ("riparian
habitat"), pet and dog problems concerning wildlife,
and high water on lots 6, 7 & 12. The correspondence
stated it was unfair to claim a 15 acre parcel with
the anticipated detrimental wildlife impacts.
Mohn read correspondence from Charlene Lyngstad (see
packet dated May 20) noting objections to the subdivi-
sion and noted as follows: covenants limit pets
and state they must be leashed or kenneled; the roadway
serving the interior of the subdivision is private;
park, as submitted, is maintained by the homeowners,
FRDO had recommended design changes; the Anderson
right-of-way dedication does not affect the Davis
property, County will not build a bridge; South Kalis-
pell Fire Department had been contacted, and no com-
ment was received.
FRDO summary stated the proposal is in a sensitive
area, but is compatible with the Kalispell Comprehen-
sive Plan; the site, although subject to flooding,
is not located in the 100 year flood plain; and
groundwater conditions as presented by the developer
and attested to by the County Health Departments,
Uexceed the standards prescribed by local and state
regulations for onsite sewage disposal systems.
FRDO Approval FRDO recommended preliminary approval of Stillwater
With Conditions Meadows with the following conditions: 1. All water
and sewer systems be approved by the State Dept.
of Health and County Sanitarian. 2. The design
of the final plat provides - a) Park obligation be
met through the dedication,to the county of land
and easements of - Parkway of a minimum of 20 feet
along the east bank of the Stillwater River, and
a parkway and drainage easement of a minimum of 20
feet above the average highwater level of the drainage
channel along the east boundary of lots 9 & 10 and
the park, and the total park dedication not to exceed
1.9 acres. b) Easements for existing and proposed
utility lines be shown on the plat. 3. Article
IX, Section 7 of the Covenants call for setbacks
of 30 feet from front lot lines and 20 feet from
side lot lines, except on Lots 1, 2 and 3, which
should have a front set back of 40 feet to avoid
conflicts when Conrad Drive is widened. 4. Covenants
contain a statement noting construction limitations
for basements. 5. The developer record a waiver
of right to protest annexation and S.I.D.'s for water,
sewer, storm drains, streets, curbs and sidewalks.
6. All deeds to lots in "Stillwater Meadows" contain
a statement of notice to purchasers that this property
was subject to flooding in 1894, 1948 and 1964.
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Developer Manny Haiges, surveyor for the developer, noted under
Comments 2.a of FRDO recommendations recommending that the
park area be dedicated to the county; stated a prob-
lem with erosion and public use of the park would
be more damaging than if the park area were to remain
private. He recommended that area be kept private.
Haiges further noted objections to No. 6 concerning
notification to purchasers of previous flooding.
Neal stated they had already precluded to annexation,
and under the Constitution, he could not waive his
rights five years down the road. Mohn stated this
board had requested the condition previously. Smith
stated Hafferman indicated this was not to be annexed
in the next five years and she could foresee an even-
tual need for city services, but there was no immed-
iate threat.
Public Comment Phil Smith, area resident for 74 years, noted river -
bottoms were a poor place for home construction.
Also, farmers had welcomed floods on lowland farming
areas and the land should be used for farming, not
as an area for residences.
Dr. Chuck Williams supported the Fish & Game comments
and noted concern with impact of 12 individual septic
systems on his shallow 38' well. Lyngstad noted
a serious problem with outdated floodplain maps.
Mrs. Carl Daley expressed concern with park use.
Haiges stated park use would be private and maintained
by the Homeowners. Also, that the Comprehensive
Plan stated the area use as residential; it was not
on a designated flood plain; and water and septic
systems have to be approved by the State Department
of Health.
Mrs. Brander questioned housing restrictions, effects
on taxes, and road improvements. Mohn stated mobile
homes are not allowed, there was an architectural
review committee and the road would be widened to the
bridge with additional right-of-way; and the taxable
value of the area would be raised. Haiges noted
restrictions in the covenants concerning structures.
Board Comment LeDuc noted problems with water table and septic
systems and felt the area needed further study'and
what looked good on paper didn't always work. Heller
questioned restrictions in the covenants regarding
basement construction. Neal noted their intent was
to restrict. Corbitt noted a need for a buffer strip
on the Stillwater.
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Mohn stated FRDO recommendation was an attempt to
control activities along that strip and explained
the proposed park redesign. Corbitt noted a need
for community water and sewer for better control
and concern with the water table. Trippett questioned
river elevations and Neal noted the West bank of
the Stillwater is higher than the East and if any
flooding occurs, it will come from the Flathead.
Motion Defeated Lyngstad waived her right to delay or table considera—
tion of "Stillwater Meadows". Paliga moved to recom—
mend approval of Stillwater Meadows with FRDO condi—
tions (previously listed); deleting recommendation
Nos. 2.a (2.b is included in the motion) and delete
No. 6 entirely as that condition clouds the property
deed. Second Trippett. LeDuc, Nance, Heller & Cor—
bett voted "No". Motion defeated 4-2,.
Motion Re —Stated — Heller moved that Stillwater Meadows be approved
Carried subject to all six FRDO recommendations. Second
Nance. Heller, Nance, LeDuc, Trippett, Paliga, "Yes".
Corbitt, "No". Motion carried.
Ken —Way The Board considered a request by Ken —Way Development
Annexation for annexation of 1.4 acres of land located south
Request of 8th St. West between 7th Ave. West and Wallace
Avenue on the Southwest edge of the City of Kalispell;
area will be used for multi —family housing.
FRDO Approval FRDO recommended approval of the annexation with
the condition that owners waive the right to protest
creation of S.I.D.
Smith noted developers had cleaned and improved the
area. Nardinger stated their plans were for construc—
tion of Senior Citizen housing. Corbitt questioned
road widths. Nardinger stated a 30' private lane
is adequate.
Ken -Way Annexation Heller moved to recommend approval of Ken -Way Addition
Approved #2; #135 with F.R.D.O. recommendation. Second Nance.
Unanimouss.
Information Mohn stated there would be an information meeting
Meeting For for discussion of the new Kalispell Subdivision Regu—
Subdivision Regs lations.
Meeting was adjourned at 9:10.
Submitted & Attested:-�
i
Recor ing Secretary V
Approved:
Chairman
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