05-29-795-29-79
No minutes avail.
Area 12:
Area 4—Part
Area N—Part
Areas K & L Part
Other Action:
Tabled Double L.:
A special meeting of the Kalispell City —County Planning Board,
was held Tuesday, May 29, 1979 at the Flathead County Courthouse
East Community Room, 723 5th. Avenue East, Kalispell, Montana.
Members Present:
W. J. Lupton
Robt. LeDuc
Walt Griffin
Fran 011endike
Dorothy Garviln
John Kain
Dale W. Haarr
James J. Thompson
Others Present:
(1) APO Staff Repr.
Gary R. Hill
Norbert Donahue, Kalispell
City Attorney
11 Guests
Lloyd Shoemacher, B1dg.Insp.
President Lupton called the meeting of the Board to order at
7:50 p.m. Being no minutes to consider the meeting went directly
to changes being considered in the 1974 Plan.
There were no proposed amendments for Area 12.
Walt Griffin moved to amend the 1974 Plan for Area 4 Part from
the Open Space category to the Industrial and Commercial
categories; from the Industrial category to the Commercial
and Industrial categories on the Kalispell Lumber property and
should be the extension of the south side line of Montana Street
to the east boundary of Walters Addition; seconded by Dorothy
Garvin: motion carried.
Jim Thompson moved to recommend an amendment to the 1974 Plan
on Area N Part from the Urban'Residential category to the high
Density Urban category. The motion was seconded by John Kain:
motion carried.
Jim Thompson made the motion to recommend an amendment to 1974
Plan for Areas K and L Parts from the Urban Residential land
High Density Urban categories to the Industrial,.High Density
Urban, Commercial and Public categories; from the Agricultural
category to the Urban Residential and Public categories; from
the Commercial category to the Urban Residential category.
The motion was seconded by Dale Haarr and motion carried.
Other action by the Board was as follows:
1. The Board decided to keep Double L Addition tabled until
the Meridian Road zoning hearing was finished.
Developers Diver;sifieL The Board decided to not proceed with the public hearing
(on the shopping center property until Developers Diversified
had submitted all requested information that the Staff required.
Voted down legal
funds.
(Advertising)
ee/731-79
3. The Board voted down a request by City Attorney Norb Donahue
to spend some of the Board's funds to help publish the legal
description for City rezoning. Dale Haarr made the motion to
provide a thousand dollars towards the legal description for
the City of Kalispell Rezoning. Robert LeDuc seconded the motion
but the motion failed.
Being no further business the meeting adjourned at 10:50 p.m.
B.J.Lupton
Pres.
1
4-24-79
Communications:
( Willow Glen Estat(
(Continuation)
25.32A located
between Willow
of Glen Dr &
Leisure Subdiv.
Appd with Cond.
A regular meeting of the Kalispell City -County Planning
Board was held Tuesday, April 24, 1979, at 7:30 p.m.
in the Courthouse East Community Room, 723 5th. Avenue
East, Kalispell, Montana.
Members Present:
Robert LeDuc
Ray Lybeck
Wm. J. Lupton
Walter A. Griffin Jr.
Fran 011endike
Dorothy Garvin
James J. Thompson
Others Present:
(3) APO Staff Repr.
James E. Mohn
Elsie Eickhorst
Gary Hill
President Wm. J. Lupton called the meeting of the
Planning Board to order at 7:48 p.m.
There were no minutes available for approval.
Letter from Dean Jellison to Wm. Lupton, dated 4-17-79,
requesting review of the Developer's Diversified Mall.
(copy attached). A letter was sent to Ted Lympus on
behalf of the Board, 4-24-79, requesting definitions of
subdivisions, planned unit developments, etc.(copy
attached).
A letter from the Board of County Commissioners to the
APO, dated 3-27-79, Re: Two Mile Drive prel. app'1 with
conditions.
s:
Jim Mohn gave a brief description of the projects
to be continued indicating he hadfurnished a new
map on an 82 x 11 of the drainage and location
6 of the test holes, including a cross section of
the soils. (copy attached).
Paul Stokes of Stahly Engineering explained the grades,
and explained the drainage pattern which he indicated
should be better than most.
He went on to explain that all the fill would be saved
and used.. Also an easement would be provided for
the drainage that would be leaving the site, through
contouring of the ditches, and the lines were adjusted
to a bit wider. Indicated he would still have to
develop a pattern for the ditches on a contour line.
This was one of the concerns of the Board. Another
was having the county road. paved and this was agreed
to and there was a relocation of the access to coincide,
this was done, including the setbacks, and had examined
the type of earthwork and if bringing in non-native
material is not practical then the site be revegetated
prior to final approval.
So along with the zone change from SAG-1 to R-1,
the redesign of the r/w in the Staff Report, copy
attached, and the compatible water system design
conditions can be met.
1.
and
all
Sun Rise Addn.
14.6 A. located
of East Reserve
1/2 mile E of
LaSalle Road.
Jim Thompson moved that Willow Glen Estates be
approved as amended; seconded by Dorothy Garvin.
It was noted that the County would have to act upon
the zone change as spelled out in Item 1, redesign
of the r/w in Item 2, earthwork Item 3 and community
water system Item 4.
Therefore approval for Willow Glen Estates is
conditioned on the following:
1. That the Board of County Commissioners grant
a zone change from SAG-1 to R-1 for the develop-
ment site,
2. that the design of r/w be changed in accordance
with the recommendations in the Staff Report,
3. that the alternatives for earthwork be examined
and if briinging in non-native material seems
to be impractical, that the site be examined
for suitability and revegetated prior to final
plat approval, and
4. that the water system be designed to be compatible
with the City of Kalispell.
Jim Thompson moved that it be approved as indicated;
seconded by Dorothy Garvin: motion carried unanimously
Jim Mohn then read a Plan Amendment for Reserve Drive.
N IIe then gave a brief description of the location
of the proposal. (copy attached).
Tabled till later
in the Mtg.
208 Water Quality
ollowing his presentation, Jim Mohn then introduced
ark Spratt, of 208 Water Quality, who would present
review of the water quality.
Jim indicated that the Staff recommendations for the
the proposal did; 1. establish a commercial and
light industrial corridor along LaSalle utilizing
a buffer and uniform setback, and Jim then proceeded
to read some of the rest of the recommendations.
Mark Spratt stated that in Sept. of the previous
year 208 initiated a study for the area, to look
at the regional problems and determine the cumulative
effect of subdivisions. Sampled for nutrients as
well as bateria, PH etc., and measured the surface
to determine trends over a period of time and were
just coming into the high water season now. He
indicated that the area was made up of only two soil
types both sandy loam composition, which were poor
soil types. From the 25' top surface have generated
flow lines, researching destination which is downhill.
I-ie indicated that the Whitefish and Flathead
River make a funnel typegenerator.
2.
He indicated that they were getting an increased
chemical change in the upper 25' which did mean that
the system was being loaded more than was natural.
Was getting a .006 mg/e reading when .10 mg/e was
normal. He stressed various chemical capabilities
and indicated that the water was funneling it out
through Day's Acres. He stated that septic tank
affluents were around .04 mg/e for this area and
were only sampling once a month.
Mr. Hall raised the question as to why C&C was dumping
waste from their glue plant into the swampy area.
Mark stated that even landfills cause a problem as
it has only been the last 50 - 50 years they have
discovered that buried waste leeches through the
ground.
Mark stated that most of the older homes
are on shallow wells, whereas the newer are connected
to the community system. He did wonder why there
hasn't been a potentially health hazard in the area
because of this.
Stated that bacteria was the only real problem.
He felt that a policy decision situation should be
made as to whether or not to consider this shallow
acquifer was something to protect and either the
people should be protected when using this water
with the increased concentration, as the soils are
not renevating as they should and it is ending up
in the Flathead River.
The deeper wells aren't having the problems now but
should. all systems be designed for depth the same
situation can develop and they can start drawing
bad water into a good system, merely by a break
through of the strata, particularly as there are
few drillers in the area who have the capability
of placing special casings.
Fie felt if all were on a community system, by proper
handling the system could clean itself out. Mark
stated that 10' per day was the normal flow and this
area flows at a rate of 55' per day, and therefore
would stand a good chance of cleaning itself.
Jim Thompson questioned whether the Board should
place a moratorium on subdivisions for that area,
but would need a finished report, which Mark advised
could possibly be -ready by the end of the year.
Then'discussed was the elevation, water flow along
and to Flathead River, recharging of the underground.
system, including the upper 251.
The Board questioned what should be done.
3.
Dike Spratt indicated that it was necessary to
save Flathead Lake as well as any of the pothole
lakes, which were subject to this problem, because
of the density of population problem. Felt that
high density housing should be the answer whereby
it would make it more plausible to have a community
well and sewer system, rather than individual
facilities.
B. J. Lupton wished to know if the County
Sanitarian was aware of this problem and was
advised that 208 worked closely with them. He
stated that they were working with the bacteria
portion, and working toward setting up some guide-
lines for the county and did expect a policy state-
ment for this particular area.
Question was raised whether this involved ceasing
to build on existing lots, and was advised that
they were looking at dry sewer systems to protect
the area. Also discussed was the feasibility of
tying into the I:alispell sewer system.
Jim indicated that what was being looked at was
probably an additional 200 homesites on the remain -
area. Jim also stated that if one was looking
at dry sewers for the area, higher density should
or could probably be considered.
The boundaries of the Evergreen Water District
were then descriptively defined.
It was felt that if the Board was looking at a
dry sewer recommendation, which was an increased
cost to the developer, then perhaps should be
thinking about increasing the density.
A moratorium on the area would not Permit any type
of construction but a study of the area with the
possibility of a second facility was being
considered. With the aid of EPA or federal funds,
there was a chance to get help.
It was felt that perhaps it should be established
that a developer be required to tie into the
Evergreen sewer system if possible, although it
would be difficult to match up collector lines
if they were put in at the time of development
with no place to tie to. It was felt further that
it should. be a mandate that when services
become available that he must tie in. Discussed
was the land use for the area as well as the
Comprehensive Plan which acts as a guideline for
the area without the restrictions, which is hoped
to be revised for the area. The subject was
discussed thoroughly as to density and the existing
land. expansion in that area but felt that perhaps
a lot would hinge on the outcome of the final
report from 208.
4.
Plan Amendment
Adopted with
3 Rec.
Sun Rise Addn:
(Continued)
App'd with
Conditions:
The Board felt they should seriously look at
increasing the density, and Ray Lybeck stated that,
there is a new school and at the present time have`
room for 35 students, but in about 4 years the
school probably would be at maximum again.
It was felt that the people in the specific areas
think the high density is fine as long as it is
not adjacent to them.
B. J. Lupton didn't feel thatthe hoard should
make a short term determination but rather look at
10 years hence,and in looking at the Comprehensive
Plan. shouldbe reviewing it every six months.
Probably should be looking at a management program.
Walt Griffin stated that the majority of the area
was currently agricultural land and this is used
but not necessarily required as a basis, but didn't
agree with it in the Comp. Plan and until you want
to upgrade then you can be forced into it and then
the developer perhaps should be required to put
up some money to make him responsible rather than
the people who would be moving in.
Walt Griffin moved that the Board adopt the Plan
change as proposed and that King's Loop be fitted
in with the same boundaries as shown and accepted.
Jim was requested to read 1. and 2. of the Plan
Amendment recommendation_
It was recommended that 3. should be, include the
balance of King's Loop area at the suburban density
category: Fran 011endike seconded: motion carried.
At 10:30 p.m. the Board resumed its discussion
of Sunrise Addn.
Jim Mohn read his recommendations for approval,
whereby the Board discussed the relocation of the
park access to Spring Creek at some length and
also discussed the drainage easement.
The Board also discussed a second park on the
opposite side of the river as well as the fact
that a woman owns property below the park but
doesn't want to sell now, but the Park hoard
indicated they could wait.
Discussed at some length was also the greenbelt
along the creek and Jim indicated he was calling
for a 50' setback from the center line of the
creek.
Also discussed was the school situation, the road
widths, the traffic problems. The Board did bring
up the fact that although they made one of the
conditions of approval on Two Mile the widening,
it was approved without this being specifically
spelled out. Also indicated there were no mobile
homes permitted and the Covenants were discussed
to some degree.
5.
Resubdivision of:
Teigen's Acres,
located between
Margrethe Rd c�
Judith, S of Terry
Rd. (Evergreen):
App' d. with
Conditions.
The Board also questioned the basis of need, due to
fact that this was additional ex-pansion into the
agricultural area, and it was difficult to address,
based on whose need with the response being supply
and demand, and Walt Griffin stated that if the County
ran out of land, there will be demand but no supply.
The Board was concerned. that if they jumped this line
the additional land would be gobbled up fast.
After additional discussion involving the park site,
Walt Griffin moved that the Sun Rise Addition be
approved with:
1. a variance be granted where the road exceeds sub-
division regulations by 195', as maximum cul-de-sac
length under ordinary terrain low density, which reads
15000',
2. access to park be located on a line between Lots
17 and 18,
3. drainage easement of 50' from centerline of Spring
Creek must be established,
and, 4. water supply must be the Evergreen 14ater
system.
The Board then discussed the waiver of right for the
sewer system, and as this was the first proposal to
be set this way that perhaps a procedure should be
set against all future proposals in this area. There-
fore if a sewer was extended they would not have the
right to protest hooking up. Bill Lupton indicated
that the Policy by precedent or by motion should be
declared.
Walt Griffin then stated that:
5. that a waiver of right to protest being taken
taken into a sewer district be provided in the
covenants and on the lot deeds :or the proposal;
Fran 011endike seconded the motion. A vote showed
three ayes and three nays, with the Chairman voting
aye and the motion being carried by the majority.
This portion of the hearing was concluded at 11:15
President Lupton then opened the hearing on the resub-
division of Teigen's Acres.
Jim Ilohn stated that the purpose of this resubdivision
was to take 7 of the 8 lots and cut them in half and
there were paved roads on three sides. He then gave
a brief description of the location.
Jim el-,plained there was a question after talking to
the County and State Health Dept. about the lot sizes.
11
Jim indicated there was a 60' r/w county road
established to service inter lots with easements for
future r/w.
Jim indicated the proposal did fit the Plan before
it was amended this evening. Jim then proceeded. to
read the recommendations for approval.
The Board discussed the cul-de-sac, the width of the
road and Jim stated that the Health Dept. was looking
at the ground water standards to see whether they
were favorable within the next 60 to 90 days. He
indicated the area was not zoned.
Fran 011endike moved that the Resubdivision of Block
2 of Teigen's Acres be approved with the following
conditions:
1. that all water and sewer be approved
with the State Dept. 'of' Health having the ability to
change the minimum lot size,
2. full 60' r/w road to allow expansion of cul-de-sac
at the south boundary anddistribution
of the lot size to provide a uniform 19,000 sq. ft.,
3. waiver of right to protest hook up on sewer,
4. all lots must hook up to water system, and
5. zone site R-3.
Ray Lybeck seconded the motion: the motion carried
unanimously.
The public hearings being concluded the Board turned
to other business.
Policy Procedure Jim Thompson moved that the policy of this Board should
for Evergreen be that any further subdivisions that are in the &
Adjacent City County and are readily available to the sewer, that
Land: Waiver of a provision be attached to the approval, that they
Right to Protest must waive the right of protest of the Sewer District.
Sewer District
Ray Lybecl; felt that the Staff, as part of their
report should specify the date that the developer
acquired the property, in order to avoid any excessive
land speculation.
Dorothy Garvin seconded Jim Thompson's motion: motion
carried unanimously.
Date of Acquisiti n
of Parcels: Ray Lybeck moved that as a part of the Staff Report,
( Add to Report. in the future, on any subdivision, that the date that
the property is acquired by the developer should also
J be included. The Board felt that if this land is
only owned for a short time, and in view of the Comp.
Plan the land should be used. for the highest and best
use. LeDuc seconded the motion and it carried with
.a vote of 4 to 1, with one abstention.
7.
Buffalo Hills
Area:
Letter to Req.
Addl Data.
lJ
Jim Mohn then stated that the annexation committee
had asked for a public hearing. The Staff had asked
the County Attorney for a definitions of Planned Unit
Development and to define subdivisions and division
on land, particularly as it related to space rental
involving the proposed Mall.
It was explained that there has been a request for
a change in the Comprehensive Plan as a request has
been made to the City for sewer and water and the
City is contemplating this and if it would grant this
this change must be addressed.
Steve explained that the Staff didn't feel that they
had a right to review the Mall as a subdivision.
Walt Griffin stated that a public hearing would be
held by means of a change in the Comprehensive Plan,
and input can be utilized without the formality.
Wanted. to know how the community felt about it.
Norb Donahue felt that the City was looking for a
response as to whether the Plan will be changed or
not, but Walt Griffin felt that it was merely an
informational meeting.
Jim Thompson indicated there would be about 100 acres
to be changed. Walt wanted to know where the Staff
was going to get the help to do this project.
It was felt that perhaps this should be left as status
quo pending the submission of all the necessary paper
and data from the developers.
It was felt that if another hearing was held on the
Mall it should be someplace other than the Jr. High.
The general consensus was that the community was not
against the Mall.
It was felt there were three choices, schedule a public
hearing and make a recommendation, or write a letter
to the City Council indicating it doesn't warrant
it or table this discussion until the next meeting
and see what the rest of the Council want.
Steve indicated that the Board did not have enough
information to consider a change in the Plan. It
would. be necessary to secure all the rest of the data
as all that we had was an economic report and site
plan. It was indicated this should be placed in a
holding pattern.
S.
t was indicated that a 10 day notice would be required
prior to a public hearing with everything in advance.
orb Donahue wanted a letter from the Board to ask
or a resolution, and a motion by the Board was passed
o write the letter.
teve netrini then explained there was something,
dditional he needed to bring before the Board.
Transportation Steve said that at a TAC meeting several months ago
Study a traffic study of the urban area was discussed and
Steve stated. that possibly from 701 funds, probably
Steve to [.Trite looking at about $20,000 with $10, 000 corning from
Grants. the Hwy Dept. and $10,000 to be raisedprobably
by 1/3 local money 8x 2/3rds federal
monies but after June don't know where the money will
come from to finish the study.
Jim Thompson moved that the Staff be authorized to
submit the necessary applications through whatever
channels necessary to secure the money; seconded by
Pray Lybeck.
Walt Griffin felt that the zoning needed to be done
and the transportation should take second place.
In a vote, there were three ayes and three nays with
the Chairman voting for.
Being no further business the meeting adjourned at
12:45 am.
Wm. J. Lupton
Secr.
ee/5-16-79
a