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06-26-796-26-79 A regular meeting of the Kalispell City -County Planning Board was held Tuesday, June 26, 1979 at 7:30 p.m. in the Community Room of the Courthouse East, 723 5th. Avenue East, Kalispell, Montana. Members Present: Others Present: Dorothy Garvin (1) APO Staff Representative Ray Lybeck Fran 011endike Bob LeDuc No quorum. In the absence of the President, Secretary Fran 011endike called.the meeting of the Kalispell City -County Planning Board to order at apprgximate,ky 7:45 p.m. Acting Chair- person Fran 011endike also.adv}sed that the Board did not have a quorum and although the Board was able to take the public information but there woujb_be no decision made as to the proposals. App'l' of Minutes Note was made of the receipt of the Minutes.. Tabled. Communications: End of The communications were delayed until later in the evening. Mtg. Chairperson 011endike opened the public hearing for Camelot Camelot Estates Estates and proceeded to explain the procedure, calling Public hearing: on Jim Mohn to present the Staff Report and then the Tr.5L, S2, of SW4 developers to speak on their own behalf, prior to testimony Sec.27, T29N,R21W. from the general public. (41 Acres: 70 lots).. Jim Mohn then presented the general location of the proposal Tabled to 7-10-79: as it relates to the legal description, the road and detail design of the proposal, -indicating the outlined property on a large scale map. He then proceeded to go through the Staff Report by item. Also indicated that depth to water table,..which had not been supplied was to be furnished and that historically the site has been used for agricultural purposes for any number of years. No known artificial.or physical.hazards effecting health and public safety, other than the possible shallow water problem which he would -touch on later. Jim -explained there wereapproximately two approved develop- ments..abo.ut.14 mile..north of.the site called Thompson Ranchettes;...and..another o,ne..ap,prgved by this Planning Board located a 4 of a .mile west .o;f ,.the,.s;ite, which are also in .School Dist. 15. Alone those two developments were anticipated.to present 77 studen�si:to the school system. This particular concept was presented to the Park Board earlier ..this month and their recommendations were to ask for the full park dedication for this development which amounts to 3.5 Acres and that the 10' strip along East Reserve be set aside strictly for roadway purposes and i not dedicated as park. According to SCS the agricultural capabilities range from Class IV to VI in a non -irrigated state, and those are increased ,to Class III thru VI when irrigation is applied. 1. Surrounding uses include active agricultural endeavors to the North, to the Southwest and.Residential to the East and Suburban Agricultural development to the West. .' I t- , He then addressed the effects on taxation. (See copies of Staff Report attached). As to agricultural lands, if uses do not change taxable values should not change. As far as input, only one person from the area indicated a negative reaction strictly from the impact that the development would have on the existing area. Jim pointed out that there was a lack of a citizens advisory planning unit for this particular area, so the evaluation of land use was based on policies of the kalispell Planning Board and available information in the APO Staff Office. The Board has several policies which relate to this proposal either by formal adoption or by implied previous actions. 1. that the Board wishes to limit or restrict development north of Reserve Drive. That action has been applied' through subdivision review and action on two developments, namely Nob Hill and Country Estates. 2. an adopted policy, recognizes agricultural conflicts The Board has taken action in the past to limit agricultural conflicts as much as possible and they have adopted Covenant and those are Country Village 2, Mission.Village 2 and 4 and Nob Hill. 3. The Board has also indicated through their policies ''ifid previous actionsto preserve` Class I thru IV for agricultural use and has adopted the Flathead Conservation Guidelines effective June 22, 1976. Item 1 of that policy states "preserve Class I thru IV lands for agriculture according etc." . He then read some of the policy. He then addressed the updating of the Comprehensive Plan as it related to all the lands immediately west of the development site and continuing down both sides of Reserve to the Whitefish River. The Amendment to the Plan was reviewed and acted upon two months previously. Based on all the above information Jim Mohn indicated that the recommendation for deniel for the following reasons: 1. Effects on Agriculture, noting the loss of 41 Acres of Class IV to VI non —irrigated, and III to VI irrigated soils, and potential agricultural conflicts to the north and south of the site, 2. Basis of need: Commitment of this site appears to be premature, noting the exiting approved developments and availability f land already designated for development in the generY area. U ,-, sd D a,):Jf>w On.i 7!; J :1 3 3D�:1L J ...,n D :1 D _- _._ ,n - "; :i 3. Effects on public health and safety, and made a comment that although this was not within the Board's jurisdiction, the potential for increased pollution of shallow acquifer from sewage affluent, noting that this acquifer is still '.a main source ofod'omestic=water-ldowngrade from the site. ifim stated= that -'the Board did not`�Have an opportunity to rcfad throu'gh1the1 'Cavenants `andcdi,dn't know whether there f(was any point ' ih-1 doing 'this eveniln`g, but that part owner Mr. Barrett was here and Mr. Doyle and Consultant Jerry Lipp to answer questions. Chairperson Fran 011endike called on Mr. Barrett for statements. Mr. Barrett indicated there were some changes already. He questioned the high water in the area, and to his knowledge there wasn't any as he'd seen it for a good many years. No plate to.get ponding or high water, all gravel and very little topsoil. Pointed out a high water table area and said that this had been changed and drawing a new map indicating area that anything -above the 20,000 mark was really too low for development, so would be losing about 6 to 7 lots and that would go -"into park dedication. This would be no problem as,need more ground in the park dedication. Feels that anything that is close to Evergreen Water, sooner or later will be developed and the land is going to one and -two acre tracts, and consequently using up the prime ground faster and faster. He -stated that the man who owns this could possibly go in and divide it into two parcels and with no problem the -people the next year could divide that into 10 acre tracts; down>to five, to 22 and no planned development and no public roads, or anything else. Jerry-Lipp13ssaid,'that,on May-15thDhel;dug 9 test holes to a -;depth =of about 101 As the Oat&r comes up in the spring, the peak water =i)g" general)ly'ardfind` June 1, monitor the +=holes �jarid fineasure?the depth` of water, and determine at hi_ohl;cd-ntoiit_ interval on :t'-heotopog'raphic would be' acceptible for;drainfields, water below 61, during peak high water season. Everything below that x'd out. Everything below the 20-22 contour interval would be unacceptible for drainf,ields. Monitored for a good two months or month -& half. Logged s-oils in as to texture, structure, etc. as SCS and found that the largest majority of�land contains 2 to 5�ft. of fine" sandy loam and the resticontained the gravelly, very fine sandy loam which consists of approximately35-40% coarse 1 to 12" which 1s"fa,ir,ly standard for the; Evergreen area. This tells us -there is more fine -soil particles to give us a little better breakdown in the sewage a-s it goes down into the water table. I =feel iti will "a lot better filtering process prior to hitting that water table.- He pointed out the test hole areas; -as it-l-related, to the creek, roughly 800'. Questioned was the slope from the road back. Indicated slope was higher. Questioned was the fact that the creek 3. -•.Wandgeredathi-j�ough=;t.he back„area with possibly drainage via -D so _ o S lgpe j t,o t114t_grea. L)JerrfyuI;,ipp_ explained that it should non -,�1 :07 nn-qt a.,;ind�eatg,d,byothef;test,holeis-which were both at the sagief;.level_; and„ ofn_eu above which was_ approximately 4 ft. L)1 i _ 3 ., ro a „nhigheg;- .,This ind cate,dothat (the.. slope would be toward the creek. The general water table would go to the south— west corner (to where the creek was). Felt that the water table should be explained, and that being that during high he water season the creek is lower than what the ground water is above. It flow towards the creek, as there must be a seal along that creek. The creek didn't fluctuate but the rise and fall between March and now was between 12 to 14". Jerry Lipp said there was more rise in the test holes. Felt that perhaps the large irrigation pump ,,,altered some.of;that.; Questioned was the fluctuation of 14',' of water in the test holes and the depth of septic tanks, which were indicated to be installed at.no deeper than three ft. Statutes say that ground water shall not be higher than 6 ft., at high season ground water. Emphasized was that during the summer the water has always been higher. Lipp said he couldn't answer for the creek only the ground water. Board felt that had something to do with it and one landowner was concerned about her septic -tank and water. Lipp was under the impression that it flowed north to south. Chris Hunter indicated it was all wells in that area. Located right across the bridge. Very few wells to the south. Another landowner indicated he was required to put in an Nordac system 3 to 4 years ago, which cost him o) ,•,- 9 , ; , dgpblg. -. DJe,rry dtdn l tremember that,. Indicated some was nA.:: ;. ur f�Used the Natural Resources .ia(.,• map andotheifl!ood,)stages:)ar-•e,,a-_Loti,higher on that, about double. Landowner was sure it was under water. Not 'nr, o ,:i neces,sarily },n the_100—,Year;,Floodub,ut shown in the 500—Year. Her house did have water and couldn't imagine a lot of homes all under water. Felt that 70 homes was a lot of'sewage. Felt that because of the soils did have some filtration. The discussion slipped back and forth with regards to all water & septics. The questioned was idle pasture as a landowner said barley had been grown on the ground. Wanted to know who had filled out the form.as this was not s.o. Another landowner also wished to know where this misinformation came from.. Mr. Doyle said it probably came out of his Office and that was what they were lead to believe at the time. The landowners then wished to know if he had been out to the property, said he had before anything had been planted. It was also stated it was a stubble field so you could se;e it had been in grain. The adjacent landowners felt that it should go on record that this was ground being,farmed and not idle pasture ground., A landowner also brought up the lack of power, citing the previous winter as an example, and felt that the additonal 70 homes would put a strain on it. U 4. Also brough,t,up,wa,s the traffic generated from those homes onto the Spring Creek Bridge,,which was not that great now.. With the other developments out there, there was the thought that the County would have to put in another bridge, as,jLhis one was falling apart. Glenda Davis of g 578 Addison Square, and Carolyn Robinson, 370 E, Reserve.Drive and Stan,Schaffer, 353 E. Reserve Drive were the landowners that addressed all the above comments., As to farming the comment was made that in other development it was a hinderance to that farming including those problems with the people who live in the developments. She cited the fact that she had a friend who was being dusted with ,insecticides, because of being adjacent to a farmed area. It was felt7that housing'developments were wedging between farms, hopping scotching around. Not only the farmers but the people who live in the developments are being botheredbyfarm activities.. Felt that the community will suffer by not being supplied with agricultural products as the ground disappears from the agricultural use. Don't want to be dependent on another community, as would,like to retain -cows, milk, and like being dependent upon --the Arabs. Choose to live in the country and there are a lot of houses not selling in town and on housing strips and lots too. Start looking at the needs- and wants of people. Need to slow down and dig into these things, and once the land is gone, it's just a,$ sign,' whichdoesn't say too much. Brought -up was the -fact that at most meetings people don't want the development, but you can't keep the people out, and can't put a fence around it, and then say let's develop from Kalispell out, and some of the land way out isn't agricultural*land., good for development and think it should be planned in development. -Felt this is the alternative for the guywho has the land. It,can't all be put into agricultural land, but can't put a fence around the agricultural land either. Said he took a ride around this town over the-weekend'and would like to know where you can put some development without taking some agricultural land. !There isn't any, and if you are talking about spreading out, you,have to take some, ome, or take the people out and tell others not to come'anymore. They want to live here as well as you do or anybody else. So this is a big problem. The Board has a -big decision to make. It was stressed that houses were not selling, and we do have two other new developments, which need to be looked at before make another area. Felt certainly that on rocky ground, etc' * it was only good for development, but good land has been takeh for development. Dorothy Garvin said she had looked at it and it was crop ground and there was water availability for irrigation, 5. and it must be productive. Ray Lybeck was asked whether he farmed the 'land adjacent and whether he found his farm productive to which he responded yes. Mr. Schaffer indicated $e appreciated the Board's problems but questioned the need, and indicated that with funds available he could buy several hundred lots within the Kalispell area. Also questioned safety. A 60' r/w county road, -all kids would attend Helena Flats School so most would be driven or walk and this already presents a hazard to the kids there. This might not be a reason against - -'a subdivision; but surely something needed'to be looked at: E. Reserve & Helena Flats are a problem when two vehicles meet now with a pedestrian on the road. Someone - has to stop: Antagonizing a -hazard. Seen close calls with children playing on and around the bridge. Ray Lybeck said E. Reserve is a 60' r/w but Helena Flats it drops to 401,.so that is worse than anticipated. It was mentionedalso that a number of times during the past winter. the County neglected to plow and E. Reserve is .a school bus .-route, it, was bad. Questioned was whether this would, ,b,e a trailer court. .Jim stated the Covenants were written so it appears that doublewide mobile.home,s.would, be permitted so long as placed on permanent foundations, but nothing in what Jim had that indicated; it .would be .mobile, homes., Barrett said he'd like to know what a mobile home is. ' Bob LeDuc said it is classified different in every state, a manufactured single family dwelling now. The only difference between it and a stick home is that it's got a.frame under -it., This relates to a double wide. Wanted to know if the Covenants restricted the single wide mobile homes in the.Covenants. Nothing under $20,000 and it must be set on a permanent foundation. LeDuc said that was a restriction right there. -Jim stated it was $20,000 for the unit exclusive of amenities. With that value it really means a double wide. Jim -advised Fran that this would all be gone through one more.time intwo. weeks. Jim indicated that all- information presented would be recorded and brought up at -the next meeting, on July 10, 1979. Ray Lybeck asked Chris,Hunter, 208 Water'Quality, for a rundown on the water situation in the Evergreen area. Chris said.had.been monitoring for 10 months and where housing density to the south is greater there is an increase intensity.of ground-waterf,po-llut:ion:. Have not had a chance to review this -proposal but:will come back in two weeks ^1 and take a good look at this proposal. The survey began Oct. of last year and will continue through Oct. of this year, and filnal,published.report,Jan. 1980. Have limited' information available.. Q Questioned was who took''the"samples for 208 and Chris replied that they had an individual who did, and questioned whether he was witnessed and Chris said all boxes were marked and documented so it would''stand up in court. What he was getting at was if the man taking the samples had an ax'to grind in Evergreen there would be no reason why he could not shut Evergreen down completely and this could be'one man's discretion. - Chris indicated this was not true. Wanted to know if the general public was permitted to go around during sampling and Chris advised that it was, give then a call as he usually sampled on a weekend. It was stated that one Evergreen study was done 2 - 3 years ago. Ray Lybeck was questioned on the type of fertilizer he used and he advised barnyard manure and couldn't state the tonnage, cover the ground and commercial fertilizer, nitrates,'potash, and trace minerals, using pelt form. ,,Lipp was curious about the tonnage and strength of fertilizer: 'Lybeck said the average on commercial fertilizer in the area of-3 to 400 lbs. per acre, go by soil tests as to what is needed for the particular crop. Lipp, said that is a`lot_of nitrates which have a tendency to'disfuse 'the soil and* wonder if the 208 was aware. Chris stated public health was based on a different count,bacteria counts. Lybeck said this is not available nitrogen, this is fertilizer, 11-48-0 that means we got 11 lbs of available nitrogen in a 100#1s of that fertilizer. It varies, and if you wish this information. Lipp said he could talk to Kalispell'Feed and Grain. Mr. Schaffer said he owns�the'property adjoining the west side of this proposed subdi'visiori'and.it consists of pasture land is' constantly traversed by 'horses, colts and livestock and from the safety standpoint was concerned. Tallking about peopiee's backyards, next to my stock and I've had incidents small children have'approached the animals and was concerned. - - Mr. Schaffer has 9 acres and questioned was the amount of production for people -to eat.' Varies from year to year 4 - 5 head of cattle and sometimes 2 and now has 2 beef and 3 Horses. Felt that this was typical, 9 acres out of production, and Schaffer said outside of his home and yard the land is being used the same as it has for 30 years, it was pasture. Doyle said this was what concerned him using food for the table, happening to the whole valley. Schaffer wanted to know if -the concern was for the production"'of'his property or of this proposal. Felt production should not be the concern at all on this piece of ground unless concern, was expressed for other pieces of ground, 5 and-10 acre parcels. The woman stated that food raised in the gardens put food on the table all winter long so it was being utilized. Fran 011endike thanked all' for their -comments and advised 7. the Board would see them in two weeks. Next Mtg: Resub. of Demersville & Fairway Blvd. Annex. Req.: Pederson Addn Brady Addn: Warner Addn: Developer's Diversified Kalispell Mall. Kal. Redev. Plan. Scheduled 7-23-79 This ;would be the 10th. of July. (Tuesday), with an article and radio spot as a reminder. Jim stated he.would have two difficult subdivisions for the end of the month, Resubdivision of Demersville and Bitney',s Fairway Blvd, south border of the new Kalispell Golf Course. This was going up before the Board of Adjustment, Thursday night,.the 28th. Jim stated there were 4 people requesting annexation on Northern Lights Blvd. (indicated on attached map). The Brady Addition and the.Warner Addition are both in final annexation procedures at City Hall now. The Pedeerson Addition was added to save some time, but also begun the process._ All 4 owners lots for City services even though no, quorum, might.be assisting city to submit an informal statement. -All lots have homes on them. All have city water. Advised -.that some would be -requesting city water as all did not. Requested by Steve was that with the annexation a request for zoning as R-4 for all parcels. Jim stated as far as he knew they,were willing to'accept this. Bob LeDuc did not want to be annexed to the City and because he is. across the street would abstain. Jim stated that.D.eveloper's Diversified came in at 4:00 pm to present the Staff •with a; -stack of information and most of the information was requested by this Board. Assuming that on the 10th. probably be looking at making some determination as to how to proceed, if all requirements were met. Probably determine when and where a meeting will be scheduled that night. Not in any.position to, discuss the Redevelopment Plan. Dorothy Garvin wanted to know.when the Zoning Board would do the zoning for that area .or .would it already be done, when it finally gets to the City Council. Fran indicated that. she felt, the Commission should be organizated by the 23rd. It was fe.lt.there would be a lot of problems. Jim stated that the question of .the zoning inside the redevelopment area would be done at the same time roughly within two, weeks from now...Jim stated as he understood it the,Ordinance had already been rewritten and was being refined. There was talk about holding a hearing on July 23 and and Dorothy -Garvin was concerned at they had to have all' their zoning done at the same .time, on the top of the acceptance of their Plan, but didn't hear it said. Fran said it would be necessary to have some work meetings then. Questioned was how they could do..the zoning in advance of public hearings on that Plan. A good question.. It was to be a final draft of the text. Jim said not talking about applying anything to the ground, text to be used to administer. 0 Mtg. 7-28-79, Meridian Area Rezoning Redev. Area Walt Griffin: Resign. Membership on Boards keq. Budget: for Legals Dorothy Garvin was concerned that they had to have all their zoning done at the same time, on the top of the acceptance of their Plan, but didn't hear it said. Fran said it would be necessary to have some work meetings then. Questioned was how they could do the zoning in advance of public hearings on that Plan. A good question. It was to be a final'draft of the text. Jim said not talking about applying anything to the ground, text to be used to administer. The zoning meeting Thursday the 28th. is to rezone Meridian Rd. and around the hospital (Buffalo Hill) and another area. Does not include Diversified. This is the public hearing being held for the City Council by the Kalispell Zone Commission. Questioned was the procedure for the redevelopment area and heard that it was planned to adopt or reject it that night, and not necessarily just take testimony. That area has not been this Planning Board's project it has been a project of committees. Ray Lybeck said it was made very clear that anytime you had any comments and wished to meet and make comments they would be only to happy to oblige. Two people such as Gallagher and Mercord did not constitute a public hearing and it didn't necessarily mean that any of their ideas would be considered. This was the feeling of those present. Felt that the community of approximately 50 people have been given 3 copies of the Plan, so haven't had an opportunity to circulate this among the people before the public hearing for a determination for that night. Dorothy Garvin said she took it in good faith that they were interested in the testimony. Fran said you have a better chance on a one to one basis rather then with a 100 clouding the issue. Most of the contact to date was just trying to find out what the plan was. Individuals were located on 1st Avenue East. Fran stated that they had been to every meeting the Board had so they knew just what the Board did. The individual stated he probably knew more right now. Ray Lybeck wanted to know whether Walt Griffin was officially resigned from the Board. Jim said yes. Ray Lybeck stated that as a Board they were not operating correctly. Short members. Tucker resigned, and not replaced. Have 4 city and 4 county. and the Board appoints the ninth member. Jim stated the law mandated you had to have at least nine. Fran 011endike said that Norb Donahue indicated the City was going into budget hearings in July and he feels that this Board should put a requisition in to the City Council budget for publication, etc. This is directly from the City Zoning Commission, not the County. Req. Attorney Avail. Req. Secr. ee/6-29-79 This was discussed and Jim stated it would have saved a lot of money if maps had been printed instead of legals. Jim said that Norbert says you have to have a written legal description. Fran stated another thought was to requisition a full time assistant county attorney from the Attorney's Office to be for Planning. Jim said we have one that we call on and Fran said he should be able to come to meetings and instruct the Board. Jim said, except that he lived in Whitefish. There was nothing from the Commissioners, but that the APO be directed to examine land use for management and that probably would be talked,about at the APO. Jim said the Board should also consider requisitioning a secretary also, then probably wouldn't be behind on minutes. .Dorothy Garvin moved.that the meeting be adjourned, seconded by Ray Lybeck. Meeting adjourned approximately 9:15 p.m. 1 Fran 0llendike. Ray Lybeck, Secr. 10.