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02-27-792-27-79 A regular meeting of the Kalispell City -County Planning Board was held at 7:30 p.m. in the Flathead County Courthouse East Community Room, 723 5th. Avenue East, Kalispell, Montana. Members Present: 'Others Present: Dorothy Garvin APO Staff Representatives: Ray Lybeck James E. Mohn Dale W. Haarr Elsie Eickhorst Jerry Tucker Fran 011endike. 25 Guests Walt Griffin Vice President Walt Griffin opened the meeting of the. Kalispell City -County Planning Board at 7:42 p.m. He then proceeded to present the format which would be used to conduct the public hearings. He then opened the public.hearings. Public Hearing: Jim Mohn presented the Staff Report on Two Mile Tracts Two Mile Tracts describing the general location and all pertinent SW4, NE4, Sec.11,data which applied to the.proposed subdivision. T28N, R22W, PMM. (Copy of Staff Report attached) Fltd Cty,Mt., The Covenants were thoroughly discussed as was the N.side of Two traffic problems on Two Mile Drive, with one landowner Mile Drive - contacting the Staff and calling attention to the between Big Sky narrow driving surface and deep burrow pits on both Homesites & Hill -sides. It was also stated that it would be necessary crest Terr. I to have a r/w of 80' as indicated in the Staff Report. (Approved with 4 conditions). Another landowner stressed the water rights and water quality. It was indicated that the County Sanitarian did not feel that there would be any problems effecting Spring Creek. The community water system would also be required to have the approval of the Water Resources Div.. of the Natural Resources Dept., and Jim Reibein would also be holding a public hearing on that portion. As for schools, Jim quoted pg. 5 of the Staff Report under E.l.a. Schools: Also discussed was the park requirements and Jim advised that.in order to bring the entire park portion up to the full requirements, the Staff and the Park Board recommended that park be taken on both sides of the creek to a depth of 251. On the ease side it was recommended that Brook Drive be extended to provide for public access directly to the Park. it was stated that in the Kalispell Comprehensive Plan it was recommended to establish a greenbelt along the creeks in the Kalispell area, with an attempt to controll, and protect Spring Creek. Jim them advised that the Staff was recommending approval with two conditions, as outlined in the Staff Report. Walt Griffin then called.upon the owner/developer i Dennis Carver, Somers, who advised that he had nothing additional to add except that the land was being, protected by covenants comparable to the existing land use. 1. The public hearing was then open to the public and.Jim Salansky,,owner of Lot 21 in Big Sky, 1st Addn., questioned the exclusion -of duplexe3, mobile homes and modular homes as he stated that the existing zoning did permit duplex and modular homes. He also wished to know that under Phase II, after having received approval for this would he then be able to rearrange the lots and the streets under the other phase. Jim Mohn stated it could be but another hearing would be required.Jim_&stated that because of the narrow road and no shoulders and no place to walk, and was concerned about getting approval to widen the road as all had been unsuccessful to date. Jim Schmidt, Big Sky, indicated he would like to see some restriction attached to the recommendation that Two Mile Drive be widened before any building was started on any of the tracts, Tom Courtier, was concerned about what happens when it joins Konley Drive, when this is shown as a 60' r/w Another landowner living at 290 Two Mile Drive was concerned about water and sewage, as had some water shortage with his well down 137', and was looking for protective assurance on these two concerns. Owner at 231 Konley Drive questioned utilities.1 �Y) Dennis Carver advised they would be underground, as had allowed a 10' r/w. Walt Griffin stated that PP&L would be looking at the area and could upgrade, but wasn't able to specifically indicate how. Pat Hodge, 7 Konley Drive was concerned about the widening and perhaps it would become a more direct route because trucks used it as a cut across from Hwy 2 to Hwy 93. Mel Wollan indicated that it could be posted as a no truck route Hans M., 49 Konley, stated that the Covenants relative to size of dwelling concerned him, as one story was indicated at 1,000 sq. ft. and 800 sq. ft. of living area on a first floor, which would allow for more than one story and he was concerned about the height. He didn't feel that the 1,000 sq. ft. was in keeping with' the homes existing in the general area causing possibly some depreciation. Dennis Carver stated his intention was to keep the area as it existed. An architectural committee would control the development, but had no objections to increasing the house size., It was explained that the Kalispell Comprehensive 2. Plan recommended up to 2 d.u.p.a. along Two Mile Dr. down to Hwy 2. The reason this was recommended was because it was between two developments with the same density. It was indicated that although Class III soils were involved the site has been entirely grassland or hay. John Gordon, 18 Konley Drive indicated that the proposed.area did not meet with the Master Plan. Jim Mohn stated that.the line was drawn between 11 and 12 at the section line. Mr. Gordon was also concerned about the 80' r/w being extended to Three Mile and that the north property was not available and had consideration been given to open space between the subdivisions. He also stated that the county had widened the road that no one used and had not widened that portion that everyone did use. Mel Wollan advised that there were problems with securing r/w. It was indicated that the road could be widened with fill on top, but only to the north. He indicated he saw no problem with widening the road. Mr., Pugh indicated that there wasn't any water to be seen in the ditches and no need for them to be 2 - 3' as that would be added to the road width. Said that on Hawthorn West had never seen any water running in the burrow pits. Would like to see the road widened with a walking edge as noone can walk in the pits. It was also felt that if it tied into Three Mile Dr. it would only pick up additional traffic. Dennis Carver.felt that the.road surface could be wider as the ditches did not need to be that wide. Jean Manion felt that if the road could not be done properly it should not be done at all. Felt that it should beimproved correctly. Pat.Hodge wanted to see it widened prior to the sub- division.construction also. Felt that the price of the lots would be set and that would raise the value. Dennis Carver didn't feel that the widening of the road should be used as a tool to stop the subdivision. Several others felt the same. Mr. Salansky stated that a lot of conditions are usually set but not all accomplished and therefore felt', it was a prime condition that the road be widened prior to construction. Felt that by adding more homes it was compounding the problem. j Mr. Pugh wished to know if a complete environmental assessment had been drawn and Jim Mohn stated this was what was being considered now. Jim stated the next step would be to process it to the State Dept. of Health and Environmental Sciences and then the engineers would take a good look at it. Pat Hodge wished to.know if it was determined where 3. the children from the development would be going to school. Bev Aronson stated that the Creek bordered their property and was concerned that the lots which are Cl�, narrow were not in keeping with the area, as felt that increasing the size of the house did not necessarily mean a larger house. Jim Mohn advised that a park was being requested on both sides and unless she proposed to do something with her property it wouldn't do a thing to it. Mrs. Aronson felt that perhaps a 25' strip should be dedicated in order to gain access to it. She also stated there were some problems in getting septic approval, whereby Jim advised that each site had to be inspected individually and if it could not pass adjustments would be, made, and if sites had ground water they would not be developed. Mrs. Aronson also felt that it was imperative that Two Mile Drive be widened. Jim also explained the procedures for drain• - fields, test holes, water tables, percolation tests, that will be conducted by the Health department prior to approval for ground suitability. He also advised that the problems being incurred by Big Sky and Hillcrest were due to the fact that they predated this current law. The public was advised that Dennis Carver was the sole developer. C_; Hans Muzuay indicated he would like to see the house size increased to 1200 sq. ft. and Dennis Carver had no objections. The former owner stated she had sold the property to Dennis Carver and didn't feel he should be held up while the road was being built. Others voiced the opinion that the sewage, road and water all should be looked into and didn't want to be pushed into the city limits before this was all done. After closing public opinion, the Board took the sub- division under advisement. Jerry Tucker wished to know what type of water system was being proposed and was told this would be determined by the State Dept. of Health under their guidelines. Walt Griffin stated that this Board did not get involved in the State Department of Health and Environmental aspects of the subdivision restrictions, and were unable to handle other categories, only the land. use considerations. Clyde Stearns from the audience wished to know whether a rumble strip would be considered to slow traffic or could other than a straight shot be considered for the traffic to slow it down. Felt there should be a job in the road to slow it down. Dennis indicated it would take one of his lots away. Felt some other spend 4 control device, such as bumps, stop signs, etc. should be considered. Walt concurred.with stop signs, and felt this should be worked out with the county road department. Dale Haarr stated that in looking at the Comprehensive Plan originally it did not appear that the area would have that many houses in it and felt it was reasonable to assume that this would not be the only area as others were. being proposed in the general vicinity and felt that the Comprehensive Plan would have to be restudied for the surrounding area, considering the terrain of the land and some open space. Felt that the greenbelt was such that it did not lend itself to a park to a lot of traffic and it would be foolish to attempt to establish it as foot traffic along all the back yards, but rather then have the people who are adjacent to it take care of it. As for widening of Two Mile felt that could be a condition Fran 011endike concurred with Dale Haarr and also felt that the Plan was obsolete before it was completed as felt they could not anticipate the amount of population and would like to see this going into the space between two subdivisions. As for the schools, didnt think they could say there will be that many students as there is a lot of changes going on within the school system now, and the schools have begun to realize the necessity of absorbing students from subdivisions. Mel Wollan stated that there was a.marked decline in the school enrollment in the Great Falls area. Walt Griffin stated that it was difficult to access school enrollment as it was based on an addition or sub- traction from one area or another. Board also felt that Dennis should set aside a drainage way easement of 25' on the east bank and have additional 25' along the west plus 20' access along the common lot line. Dennis felt that he would rather have the easements) and make up the difference in cash. It was felt that the homeowners would do a better job of maintaining that area along the creek and it was also felt that an easement should be secured into the park through the Big Sky Blvd to get to Lot 41 from Brook Drive, It was felt that Brook Drive could be extended about 20'. Dale Haarr moved to recommend preliminary approval contingent upon the fact that: 1. all water and sewer systems be approved by the State and County Health departments with the Natural Resources Water Appropriation Permits included 2. that design changes be made as recommended by Staff in their report concerning r/w dedications, lot size modification and park design, 5. and, 3. that the Commissioners commit themselves to widen Two Mile Drive in 1979. 4 Seconded by Fran 011endike. It was brought out that Dennis Carver agreed to increase the size of the sq. ft. of the living space to 1200 sq. ft. Ray Lybeck felt that the size of the house should not be dictated. The Board then discussed the pros and cons of the size, feeling some that for two occupants it was adequate, etc. Dennis Carver indicated that 1,000 sq. ft. single level home with architectural controls was no problem, so the motion was amended to include: 4. amend the motion that the 1,000 sq. ft. be change to 1200 sq. ft in the Covenants. Dorothy Garvin seconded, and the amendment was approved. with one opposed, Ray Lybeck. Walt Griffin then stated that the priorities were already set as far as the roads were concerned and felt some limitations should be imposed but that the developer should not be discrimanated against based on the widening of the road, and didn't feel that the Board should impose this restriction on him. Felt that a couple of years should be imposed as to condition rather than restriction against. The people indicated that they had been after this for some time and perhaps the developer could get the Commissioners to do something. Mel Wollan said the r/w is what held up the process. Dale Haarr stated that based on the procedure the motion would be forwarded and if any of the condition.3 could not be met then the Commissioners would forward the motion back and indicate that the No. 3 condition was impossible and indicate that they could commit for the next year. Stated that Mel could not answer as being just one commissioner. Mel Wollan once again stated there was a r/w problem and that there was no way they could see to get it, but perhaps could work this out with building the - road. The motion was carried with the original conditions indicating that the Commissioner's did not necessarily' have to follow all the conditions that were submitted by the Board. The public -hear ng.on the Two :Mile .Tracts subdivision proposal._,Was closed at 10:05.-p.m. Vice-Pres. Walt .Griffin then opened the public hearing on the next subdivision. 6.- Meadow Hills No. 2 Tracts 5EM & 5EJ, SA of Sec. 11, T28N, R22W, PMM, Flth.d Cty, Mt., west side of Hartt Hill approx. 12 miles W of Kal. on N side of US 2. (Preliminary App'1 with 5 Conditions). Jim Mohn presented the Staff Report for the Meadow Hills No. 2,Subdivision. (copy attached) He indicated there was no response from the public and that the Staff had recommended the same conditions as on the original subdivision. Jim felt that under the Covenants, Clause 3, Item 5, that the setbacks call for 30' front setback and 10' side and rear yard setbacks and that section be amended for Unit No. 2 to change the width to 15' and the rear to 20' to bring the proposal into conformance with R-2 zoning. Jim also stated that it should be made cash in lieu of park requirements with 1 acre valued at around $3500 so were looking at between $3500 to $4000 for park cash. Park Board concurred and earmarked the money for the school district. Mr. W. G. Hamilton has almost a 3 Acre park and this didn't lend itself. The water is..already across the road and utilities are tentatively placed. Dale Haarr questioned some of the other proposals and wished to know if they were selling and was advised that of the 47. 3 were sold but Lot 47 he was keeping (Meadow Hills Orig.). All were sold on con- tracts. Mr. Hamilton also indicated that Architectural Controls were the best way to go. Did feel that size should not be the deciding factor. The Board then discussed some.of the lots as they were being built on. Questioned was whether this subdivision was set up for adequate fire protection, and was advised that fire hydrants were recommended for hook-up with the Smith Valley Fire District and then discussed was the fire protection facilities. Walt Griffin wished to make a note of the fact that any- one who purchased a lot was to be advised that they were to immediately join the fire district for their own protection. Fran 011endike questioned Condition No. 4 and was advised that there was no access to Hwy 2. Ray Lybeck moved that the proposal be given preliminary approval subject to the Staff's recommendations and that another condition be added No. 5, to notify the homeowners they required fire district protection. Dale Haarr seconded the approval: motion carried unanimously. Being no further discussion on this public hearing the hearing adjourned at 10:20 p.m. The Board then turned to additional business. 7. Joint Application Form for Major Subdivisions. ( Even vote) Jim Mohn explained the Joint Application.; -,'copies of which were transmitted to each of the Board members for their review. Jim explained that a separate set of documents ( } were submitted to the State Dept. of Health and `- Environmental Sciences on an ES91 and that basically the'same information was required as what was submitted in the procedures for processing a subdivision through the'ApO.. Under this new form it would be a Joint form submitted simultaneously and that by the time the project was ready for the.'publ'ic hearing the Board would have a good -deal of the necessary material in their hands which would answer questions pertaining to. the sewer and water for a particular location. The new form would mandate that the developer do his soil testing and percolation tests and undoubtedly would clarify a lot of the questions that arise- during.the'public hearings. Jim indicated that he had discussed this form with! a majority of the developer's and surveyors and there were mixed feelings about the form, but felt -that perhaps it wars a step in the right direction as it would advise a developer whether he really had a piece of property that was applicable to his type of proposal. Jim felt it was a better look at an overall proposal before presentation. The Board., among other things, questioned the cost involved, and. Jim advised that the costs could run from $50 to $1500 per lot depending on the location and the amount of work involved. It was also explained that Lake County had already requested all this type of information long before they took anything to public hearings. Fran 011endike felt that it should be used and Jerry Tucker was opposed. Dale Haarr indicated a desire to review it. Felt that if one assumed a format one assumed a responsibility along with acceptance of certain procedures. After additional discussion the vote was a draw, with 2 for the use of the form, 2 against and .2 undecided. It was to be taken under advisement. Being no further business, the meeting adjourned at 11 p.m. After the meeting it was advised,that the new target date for the completion of the Kalispell _Rezoning was October 1, 1979. 33-3-23-79 Wait- - es. 8.