07-24-79j Joint Mtg:
P1an.Brd &
Zone Commission:
Developers
Diversified
Discussion:
A regular joint meeting of the Kalispell City —County Planning Board
and Zoning Commission was held Tuesday, July 24, 1979 at 7:30 p.m.
in'the Courthouse East Community Room, 723 5th. Avenue East,
Kalispell, Montana.
Members Present Others Present:
W. J. Lupton (2) APO Staff Repr.
Dorothy Garvin Jim Mohn
Ray Lybeck Gary Hill
Dale W. Haarr
John P. Kain Approx. 13 Guests
Ann Smith
President Lupton opened the hearing at 7:55 p.m.
It was ascertained that both Boards, the Kalispell City —County
Planning Board and the Kalispell City -County Planning Board, Acting
as the Zoning Commission convened. jointly in order to expedite the
actions to be considered.
After roll call President Lupton called upon Gary Hill to give an
evaluation of .the progress as it pertained to Developers Diversified.
Gary Hill advised that the Staff now had all items from Developers
Diversified to make an analysis of their project. He advised he
had received 'the,project the previous Monday and had been working
on a presentation and because of the technical nature and because
there was only one on the project,,and after reviewing all the
information would propose to send out to different information to
various agencies with a questionaire to have the individuals evaluate
the data as well as answer questions proposed. This would come
.together in Part III, Agency evaluation of'the Mall Project. Would
like a comprehensive view of what the impact of the Mall on Kalispell
and°the area and look at the developer versus public cost, cost
versus overall benefits toe the community, projection of additive
impacts to the Buffalo Hill area and to the City of Kalispell.
Part II deals with general planning considerations, direction of
growth, community growth in the 4 square°mile area, housing and
population from 178 Housing & Land Use Study for the area, look
at .commercial development, traffic and circulation and general public
services and facilities to be provided in the area, so the report
for the area should look like the report the Board is use to seeing
as was done in the Kalispell rezoning project. It will have general
planning -comments, housing study, Kalispell 'land use survey, recent
adjacent land development trends, approved or proposed and amassing
any and all of)the public and oral comments received to date in
that general area and these are all brought together in Part I when
looking at the agencies' comments and put into a summary. Part
II is brought together with the Comprehensive Development Plan
recommendations and part of the agency comments will be brought
together uner "C", mitigating measures. If you decide to recommend
that-a,land use plan change to be granted for the Mall you will
be able to do so knowing that there are ways that you can do it
without.a lot of negative impacts concerning the projects.
The second page is a more detailed request indicated in the
questionaire. On the left side -is the agency referral, 11 of them.
On the right is the sponsors data, 11 items, topography, site grading
a drainage plan, site landscaping, feasibility study, which is the
economic feasibility study; site demand for water, sewer and waste
production, energency conservation, architectural elevation, etc.
In the center is the agency referral questionaire. Looking at topoTl�
graphy, drainage and so on. Kalispell Chamber of Commerce would
get a questionaire dealing with business patterns and then get the
feasibility study provided by Developers Diversified and be able
to sit down and evaluate that data and advise whether this is enough
and could the Planning Board make a decision, will it effect current
business patterns and how, is there room enough for additional
business space, what will the impacts in the area be, what could
be the measures taken to lessen the impact and what alternatives.
Because of this approach, the Staff would Like to take, it would
cause a delay in the hearing which was scheduled on August 7, and
feel that responding agency would need at least two weeks to evaluate
the data and the Staff would need at least two weeks to put:it into
a format, need 4to 6 weeks additional time. Would like the -six
weeks, and if not needed it could be scheduled earlier. Questionaires
would be hand carried the following day.
President Lupton stated that as he understood it the agencies would
review the information of the sponsor. Felt that perhaps this could
be shuffled around and delayed and Gary said that the time frame
would allow him,to pick them up and if the agency can not respond
then they could be bypassed. Feel that it is important to go this
route as it would enhance the knowledge to take to the public, and
would shed,light when it comes up for annexation as the requirements
for Planned Unit Development'would already be met and there would
be no further delay. O
President Lupton wished.to know if the August date was unrealistic
and Gary said it was at this time. Gary felt that Sept. 7th was
a more reasonable target date. Gary felt that after polling the
agencies; if there were any problems, then probably would come back,
but can live a small extension in the time element.
President Lupton said if they went to the public hearing with an
incomplete report they can take the flak and then perhaps call for
a postponement and, ask for a full Staff report or delay now and
go with a full report.
Gary stated that the prints were received about June 22, and the
time frame was delayed and Steve set up the August 7th date with
the Board and at that time he assigned the project to himself and
went through what he could and couldn't do and set up the questionaire
and President Lupton wanted to know why it took so long to get to
this point and Gary said the project was not assigned to anyone.
Gary stated that during that two week time period he was on another
project and was no Staff time to do it. President Lupton said that
he believed this Board fullyunderstood the strain on the Staff time
sand the Board felt that there would be a violent protest if any Staff
(time were taken away from the Kalispell rezoning which is fa-,st
coming to,a close as about on a fourth extension. Very near complet—
ion and Dale Haarr felt that the Redevelopment area is only begun anf'
does this get put off for six weeks while the Staff works on the MaU
iproject. Gary stated that time.has been sacrificed from the project
oz.
to get this done and time is very limited."
r
Dale Haarr felt that these people have had due notice that if they
had gotten this information to the Staff a. year ago there would
have been an opportunity to look at it last fall when the Board
wasn't doing anything. President Lupton didn't remember the time
when that. was the case. Dale felt. that now that the zoning is coming
to completion now there is a push for this. Ann Smith said that
she will attend the Council meeting tomorrow with a first reading
of another 90 day extension for the zoning as it is apparent that
unless they want to meet every night they can't get that done.
Going to ask for an extension as only a year behind.
Ann Smith said she would ask for an extension to the end of the
year. Gary stated this would conflict because at the last meeting
there was a plan to reorganize and make amendments to finalize the
work to send it to the City Council an,d hard to find the Staff time
to deal with it. Ann Smith felt it was proper to put it off another
month. John Kain felt just a few weeks ago there were directives
to the Staff that rezoning of the City was top priority and that
should be addressed and agree with Dale whereby the developers brought
in their stuff about a week ago, a traffic study that has been
requested, so their hurry up, have something more critical, that
being the rezoning of Kalispell and a lot of work to do on the
redevelopment area and will have a lot of pressures on the area
and should address first responsibility to that. President Lupton
agreed with all the comments not to push this to the head of the
priority list or to make other things sacrificial to this project
and unhappy that these kinds of conversations didn't take two weeks
ago when a representative of Dev. Div. was in attendance and had
a good understanding that .August 7th. would be acceptable and that
would be adequate time frame that this could be accomplished and
it is unfortunate as you can suffer a lot of backlash in appearing
incompetent and disorganized, telling someone something and then
coming along revising it because of something else.
John Kain didn't feel that the Board was disorganized as nothing
on the Agenda indicated what was dropped on the Board tonight.
President Lupton stated he did not say the Board was, just appeared
to be. Dorothy Garvin stated that to analyze it it takes time and
if they weren't going to analyze it would be making mistakes.
President Lupton felt it would be foolhardy to go to public hearing
without all information regardless of all the consequences.
resident Lupton wished to have Chr. Guay address°this as far as
taff authority at the APO in as much as they direct the Staff on
ertain priorities and perhaps shift some of the priorities. John
.ain stated that the Council was sitting.and waiting on zoning too
nd the City and think that the direction of rezoning of Kalispell
as primary and even in asking for the extension didn't feel that
ny other priority should take its place. Ann Smith concurred.
President Lupton entertained a motion to set a date approximately
one month hence from Aug. 7th and write a letter to proponents of
the Mall setting forth all revisions for said action including
conflicting projects and direction from the APO Board.
Minutes postpone
till later in Mtg.
Circle K Annex:
Dale Haarr felt that perhaps some feed back was necessary from Gary
and it was one thing to be wrong the first time but another to be
wrong the second time. Board concurred'. Dale didn't feel it was_
necessary- to set a date, highly unlikely that it could be held prior
to Sept.`7th:, but could be 10th. of Oct. Perhaps delayed time.
See, reasoning in getting approval .of adjoining properties zoned
before even looking at this. Looking at the triangle on North
Meridian and looking at the area across the street, the hospital
complex, just went through.public hearings on this last week and
hasn't been submitted to-the'ci.ty,till sometime in August. Haven't
even had the people in the adjoining area decided on the zones for
their properties and it could be difficult until that has been
accomplished. Gary said it would be'difficult from Staff analysis
in talking about adjoining properties if they are still up in the
air. Report back on land use and Comp Plan and still wouldn't tell
you anything as it would be in possible stages. President Lupton
wished to know how the Board felt about getting to the Developer
with an approximate date 30 day delay as discussed and then as the
material develops and analysis takes place begin to pin it down
in 2 to 3 weeks.
John ICain said how about giving them an answer in 30 days instead
of a 30 day delay. Questioned Gary if there was anything back from
the Highway Dept. Gary said he would be taking additional information
to them. John Kain felt they should be notified within 30 days.
President Lupton felt that he didn't particularly care for that
action and felt that an attempt should be made to meet it more thO
half way, as there is a tremendous amount of money at stake, have
to be careful. Ray Lybeck felt that the Board should await the
questionaire response rather than take action. Ann felt that should
advise that have run into a problem and basically need more time
to study it as have to have extra time, and will advise as soon
as possible. President Lupton felt it was reasonable. Robt. LeDuc
felt there should be some kind of time schedule. Dale said the
rezoning is on'its third extension. Gary felt that with the extension
that the developer has not submitted this material prior. President
Lupton felt that a letter should be submitted anticipating a 30
day delay due to'all the reasons. Should direct the APO and the
zoning. Requested Gary, to get a good letter off to Dev. Div. and
get it off.
President Lupton felt the minutes and communications should be
postponed until later in the evening.
Jim Mohn advised the Staff had an annexation request in process
for Circle K Addn involving approximately one half acre at the corner
of Appleway and Meridian immediately west of the Weismann's Addn.
A map and recommendation had previously been forwarded to the Board
for the surrounding property and also noted that for this particular
property to annex the PUD may be necessary to examine that particular
piece of property or a reevaluation of the entire area south of
Springcreek, north of Appleway. Any additional delays in annexati
does not affect' the business financially, perhaps the necessary
permits and waivers for necessary services so at this time asks
-el.
0
Resub. of
Demersville:
(Tabled for
Addl Info)
the Board consideration of a possible Comp. Plan change for the
area and ask what limits and set a tentative date sometime beyond
22 days, in order to meet legal notice requirements.
President Lupton asked for comments or questions. Jim stated that
in talking with Gary and Steve, there has been discussion at a number
of meetings that current recommendations for that triangle, Hwy
2, Appleway and -Meridian and a present time everything south of
Springcreek is recommended for Urban Residential and because of
the existing conditions around that property it would be advisable
to take another look at that area and perhaps consider a higher
density, or different residential use.
The Board then discussed moving of dirt without plans on the Baltusch
property.
Gary explained that the property from Hwy 2 and Meridian has been
suggested for General Business having gone through that area last
March and to date that property is recommended for B-3 which includes
McDonalds, Roy Stanley and Red Lion and the Sizzler. (miscellaneous
undiscernible conversations) Gary said he would like Appleway to
be considered as a future arterial and looking possibly within the
next 10 to 15 years at an east -west arterial which Appleway and
Center could be used to handle cross-town traffic. B-3 would be
quite suitable for the area being geared to tourist orientation.
John ICain felt there should be some control on the islands in that
particular area which areall county. President Lupton felt that
it was more a question of land use for the entire area at this time.
President Lupton wished to know if the Board would consider moving
onto other items of business to allow the Board an opportunity to
discuss it later in the evening. The Board concurred.
The Board changed the order of the public hearings according to
public attendance.
Jim Mohn advised that the Resubdivision of Demersville consisted
of a three part process and all three parts were inter -related.
The Board would have to address a Plan change for the general area
involved in the request and then assuming that is given favorable
consideration, they can move on to a requested rezoning of that
particular property from what it is now, AG-2, 1 unit per tract or
limits the creation of new parcels to nothing smaller than 80 acres
to a requested Residential R-2 zone, which allows one single family
dwelling per 20,000 sq. ft. min. lot size. Assuming favorable
recommendation along thjose lines then the Board could address the
Resub. of Demersville site.
First to be addressed was an amendment to the Comp Plan for the
area and the site involves existing Demersville and Missoula Addn
to Demersville located approx. 1/2 mile east of the four corners
intersection south of Lower Valley Rd. and east of Demersville Rd.
At the present time total in excess of 285 lots. The petitioners,
Mrd. and Mrs. Bill Long own approximately 258 of those existing platted
lots and that was the primary consideration given in this request.
The existing use of the site, approx. 67 acres, is in an agricultural,
pasture land use and as far as soil classification is concerned
the northern 50 acres is rated as Class III and prior to the SCS
reassessment of that classification two years ago it originally
was Class VI. The lower ten acres is also given Class III rating but.
SCS points out that was good for primarily pasture. The remaining
7 acres which takes in the area outlines in orange and green has soiriz-'
rather severe topograph limitations along with shallow ground and
ponding and SCS is Class VI. For the benefit, the Planning Board has
attempted in the past to preserve Class I through IV soils.
Adjacent uses around this aprticular site include rather large ltract J
residential to the north, large tract -home occupation light industrial
uses and agriculture to the west and large agricultural tracts to
the south and east. Public comment, indicates that resident of
Lower Valley indicates that action.proposed here has been anticipated
since the development of the Lower Valley Plan and the creation
of the District. Second one was from the historical existance of
the site and commented on the new development of the town after j
nearly a century of being abandoned. Bigfork area resident questioned
the need at this time concerning the current housing market and current
buying trend at this time. Jim questioned whether the Board wished
to take action a piece at a time.
He indicated a lot would be repetitious.
President Lupton felt that it should be gone through entirely because
of the repetition.
Jim stated he was skipping through sections of the report. Said
the next change dealt with the zone change request, which was
kprepared by the Planning Director, Steve Petrini. 0
Jim stated that the basic comments were the same and pointed out was
that existing zoning for AG-2, the existing lots as shown on the two
plats are each saleable parcels of land under current law, however
not all of them would be necessarily be buildable under todays health
standards, however assuming the lots were sold in lots of three and
a community water system provided to the site, it is presumed that
approximately 89 homesites could be established within that existing
plan.
Jim then read the verbatim, "The rezoning to R-2 would permit a gross
density of 1.6 dupa and a net density of 2 dupa based on 108 dwelling
units. The Townsite of Demersville possibly considered well planned
80+ years ago is.much to be desired by today's standards. Rezoning
would allow replatting of this area and to adequate suburban size lots
and open space with a minimum area to go to the streets. The number
of homes located in this tract whether zoned AG-2 or R-2, will be nearly
the same but the end product if changed to R-2 will be a small'neighbor-
hood which is an asset to the community and can be provided services
at a minimum cost to the potential landowners and county".
Jim stated that the final section dealt with the Staff assessment of
the Resub. being requested. The total size is 67.43 acres, and as
submitted proposed as 83 single family lots, a rather lengthy set of
Covenants were submitted along with the requested zone change to R_
2. In evaluating the site the design consultants reviewed as much
information as possible through local referral agencies and the only
conflict noted dealt with a preliminary delineation of 100 yr. Flood
Plain which is shown in the orange boundaries and hash marks. The
State Dept. of Health was quick to point out this was only a preliminary
estimate which was prepared by H.K.M. out of Billings and has not
really been substantiated through any physical tests. The 208 Project
considered the delineation from HKM submitted and disagreed enlight
lof lack of basic soils limitation which would have the tenancy to absorb
ithe amounts of water that it would take to achieve enough flood
elevation to cross the site. According to Sanitarian, who is in charge
lof approval of lots that may be in the Flood Plain, his maps do not
indicate any of the conflicts shown here.
(There could be confusion as the traffic tries to merge onto Hwy 93
Iat the intersection of four corners. Periodically a point of confusion
and congestion due to being a five way intersection as it meets with
Willow Glen Drive, Lower Valley Rd. and Hwy 93. The otdher impact
deals with schools and this development would send its students to
Demersville School, which is 4 rooms located approx. 1 mile south.
The projections that have been made for enrollment indicate that Demers
ville has an accreditation of 100 students for Grades 1 thru 8 and
over the past 6 years the enrollment has been close to 36 and presently l
have two teachers. This development is projecting a 5 to 8 yr. develop-
ment plan with as many as 100 students anticipated over that period.
This may or may not present expansion demands on that school. In
researching the school records that during 1968-1969 enrollment was
73.
As far as impacts on natural environment because of the topography
of the site and soil conditions, do not feel that approving the site
to accommodate this development would have any adverse effects on the
Flathead River and tributaries. Ground water has been anticipated
in the southwestern corner of the site and in a case by case evaluation
of each of the building sites any conflicts should be eliminated.
As far as engineering limitations on the site, with the exception of
the problems associated with agricultural lands, the only real problems
are centralized is the limitations of topography, high ground water
or runoff that settles in ponds on the site.
In evaluating the historical significance of the site, Jim advised
]he had reviewed a text entitled "Pioneers" by Sam E. Johns, typed
manuscript bound into a book at the library and his analysis of the
site beyond its establishment, growth and decline stated, "all the
colorful history of Demersville will never be told. Much of it is
buried with the town and those who have passed on. It was a wild burg
while it lasted and the grass had no chance to grow on Main Street".
As far as taxation effects, the impact and based on the County Appraisor
figures and projected values and tax levy rates came up with the
following computation: based on current tillable non -irrigated assessed
value it generates approx. $65 in annual taxes, at 25% development,
1980 the market value would reach somewhere in the neighborhood of
$900,000 and generate approx. $8,000 district tax revenue, at 90% for
1984 the site would reach close to 3 Million in market value with
$27,000 tax revenue. Assuming the current 78-79 levy rates.
Effects on surrounding, adjacent lands are taxed according to size
d•
and use and assuming theses factors do not change, the tax classifi—
cation should not change however smaller residential tracts in the
vicinity may note an increase in market value based on the sale price
of these lots and this fact occurs during the 5 year appraisal cycle,,`
'i.
Parks and Rec. none on the site or adjacent vicinity and under curren-:'
law the park requirement would total 6.5 Acres. Through a series of
discussions, with Park Brd:, Director, Design consultant, the Staff
and Park Brd has agreed to a dedication for park purposes to encompass
the green boundaries shown on the map. The green areas shown are
preliminary recommendations as of a week ago as commented in the report
and since that time it has been evaluated and the above recommendation
has been supported wholeheartedly. The amendments total 62 acres give
or take a few thousand square feet.
Site has a fire rating of 10 and as far as police is adjacent to two
existing routes.
Demersville Rd. is gravel county 60' r/w and conflicting documents
that indicate r/w somewhere between 80 and 871. In material as far
as project is concerned but worthy of note.
The design calls for two through roads connecting Demersville and Lower
Valley and both being designed as 60' of r/w with standard county
surface and the remaining short sections of road which we call access
roads are being designed at only 50' r/w and this presents, and should
the Board wish to approve would have to grant a variance to the St.
Design sections of the Subdiv. Regs. It would be possible to grant
that variance and the Commissioners would have small sections of the
road private instead of deeded to the county.
�\
Design represents 6600' of lineal road surface that is being proposed
as county r/w and in looking at the existing plats, there are 17,000
ft. of county lineal r/w.
Community water system is 'proposed and design and capacity is to meet
standards and a tanker recharge should be available somewhere in the
system. Depth is approx 100' to deep acquifer.
Sewage by individual septic systems to be approved on a lot to lot'!
basis by Sanitarian and State Dept. of Health. A hauler is availab
for solid waste removal.
Staff does point out that the economic need is questioned due to timing
but in looking at the approvals by the Health Depts., it could be right.
Many of the 258 ft. lots will be unbuildable.
Jim stated that the Staff recommends approval of the Resub. of
Demersville with the following conditions:
2. that the both the plan amendment and zone change be approved by
the County Commissioners,
3. that all water and sewer systems be approved by the State Dept'.
of Health and County Sanitarian,
4. that the developer dedicate to the county those areas recommendel-1
at Park earlier in the report or the comment be amended to show the
design as shown on map,
6. that the Conservation District Agr Covenants be incorporated into
the final covenants for this development, which read as follows:
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 and pesticides, which can have'',•.
an effect on this property,
b. any authorized representative of any governmental agency shell
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,
C. that each lot owner shall 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
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 agricultulral interest, agricultural
interest will not be held responsible for any damages.
Jim stated that he received a letter, TO WHOM IT MAY CONCERN: Re: Blks
C and D and the Nz of Blks G&H of Demersville. We are requesting
participation in Comprehensive Plan amendment from Agricultural to
Suburban Residential and participation in the requested zone change
from AG-2 and R-2. Signed Albert A. and Clara G. Albright, 285 Lower
Valley Rd. Jim explained that they had the remaining platted portions
of the platted Demersville Townsite.
Jim stated he would turn the meeting back over to the Board and that
the designers and owners were present.
President Lupton indicated it would be a complicated proposal and
explained the procedures for the public hearing. Called for questions
from the Board on what had been presented.
Mike Lund, Mtn West Design Consultants on the project, stated the park
area as shown they are completely in agreement with placing that in
park area. However there are a couple of things they would like to
do and one is that they would like to use it for storm water management.
Called attention to the natural flow of the water and would like to
the playground and pathway linking the sections as management control
areas and easily adapted with grass to handle that water. Would like
to put in reservoir for water system and only two things to ask for.
As to r/w's it was the feeling of the owner that he would rather not
keep private r/w's and rather dedicate 60' and make and dedicate those
to the county and can make that change if required.
Like to keep the 83 lots after the park is taken out, have some extra
large lots, by reshuffling the lot lines.
I
11 No questions of the designer or developer.
President Lupton said this would have to be addressed in three steps.
Opened hearing to comments from the audience.
h
Joe DeLong, Lower Valley landowner, stated he heard twice that there
was a goodly number of lots that could be sold without going through
any regulations. This is certainly true of the old Demersville
Townsite. Like to point out that throughout the Lower Valley, but
not as condensed, parcels of land that can be sold, including any"`"
place, if you have a number on thats parcel, it can be sold
individually. The classification was changed from Class VI to III9
was that because of the irrigation? Jim said he didn't.believe
SO, just comprehensively evaluated all the soils and that the
adjustment was based upon the length of the growing season. In
talking with Jack Cloninger about the changes, he said the only
considerations that were given to irrigation was a step one way
or another, because it was it was a 50-50 complex was given a III
or IV whether it was irrigated or not. It did make a two step upward.
Joe DeLong said he would like to point out that to the south and
east run into Class I and can you draw the line between III and
I and if the Board sees fit to make this change that felt it should
be taken out of the Lower Valley Zone and with that many people
coming in didn't believe it was fair to have that many people
determining what was right for the Lower Valley Zone.
(Doug Anderson, lives directly west of this development, and was
wondering what the roadways, would they be paved, was that spelled
out. Jim stated in order for the county to take them in they would
have to be paved. Anderson wanted to know if that would include
paving on the Demersville and Lower Valley Rd., and was advised.
not necessarily and that would be up to the county. He was concerned
because there was a lot of dust and pollution and if you increase
that by 3 to 400 people and is that park area adequate for the number
of houses involved in the area? Jim said it would qualify by law.
Mr. Anderson said he was adjacent and the number of lots. Jim said
the lots would be min. of 20,000 sq. ft. which was just under half
acre. Some of the lots now are over an acre.
Harry Woll, farmer, question Bill on the south and asked if that
bordered O'Connell? Advised yes. Woll wanted to know if the planners
had -thought about an 8 to 10' fence to top debris from going into
the fields. Was advised no, they had not thought about it. Woll
said he would like to suggest this as the way the road came into
the draw, presume the houses would be facing it and in other fields
there have been a lot of paper, and discouraging to have to pick
a field while combining. Long said if you could see the Covenants,',
they are covered rigidly, no abandon cars, etc. Woll said what
about dogs as the deer come from the east and migrate out and dogs'
run everything and with 80 homes. Long said dogs are supposed to
be on leash. Wolf said with that many homes feel that should be
excluded because there is a boundary on the west and north.
The Covenants cover no shooting, no loose dogs, etc.
President Lupton said he was a little confused as to the reasoning
for taking it out of the Lower Valley Zone. What benefit to other
farmers or landowners. Woll said as an R-2 from a Class VI down
to a III, still in the dark on that and if you want to make it a
residential zone why call it an agricultural zone.
President Lupton said in other words no matter what happens it's
/0 .
not agricultural. Correct. That goes into a townsite it is not
agricultural. If it doesn't it is already mapped out. DeLong said
the attitude on half acre is different from 200 acre and if there
are other zone changes then it wouldn't be fair to rule on that.
Dale Haarr wished to know if each property owner in that district
had a vote and DeLong said that when they created the zone tried
to give everyone and it was the consensus that was what they wanted.
It was a close vote but went- for 80 and if you put 95 people on
half acre tracts you could switch that around very easily. Dale
Haarr, wished to know if this was in the regulations covering that
district, the method of voting and how to create a change. DeLong
said he believed the state law controls that, can only be alter,
-hinge and nothing to abolish, but would take the opinions of the
?eople in the area. Haarr wished to know the procedures for removing
:he property from the zone. Jim said basically the same as the
?rocedure being considered. Jim said you would ask for an amendment
:o the zoning map, the only difference being taking it out. Haarr
panted to know if this was how the Askelson's property in the West
/alley was done? Jim said yes, except if was created under a
iifferent statute. President Lupton said a district was a recommended
gone by a group of citizens and Jim said no, when you establish
z zoning district, that district has a group of laws, not controlled
)y an advisory group. Lupton wished to know if something could
)e dictated without the approval of the Commissioners? Jim said
iot necessarily, and quoting from memory, an example, if someone
Jith 200 acres in an AG-2 zone and requested a zone change of his
)wnership, he is the sum total 100% owner of the zone change being
-equested and think that anyone who wished to protest could do so
)ut there is no guarantee that the governing body would recognize
;he objections of those people, because they are dealing with the
.00% owner of his property. When talking about changing the entire
listri_ct, believe it takes 50% of the landowners within that area
ind as little as 40% can validate and then another year before another
)etition for another change. This was done as a Lower Plan and went
through making several changes in zoning and when you look at "Lower
'alley" you are actually looking at three districts, an AG-2, 2
.-1 Districts and B-3 districts, three that were put together in
,ower Valley. President Lupton said so this was not a group of
.ndividuals put together with a set of by—laws, same procedures
�ollow.
ohn Kain wished to know what- Mr. Long's feelings were to being
•emoved? Doesn't bother him one way or another.
'im Mohri stated that he could, if he wished to, just merely change
he heading to the Demersville Zoning District and do the same thing.
[r. Long advised that he still owned land within the district.
eil Danford, lives in the Lower Valley, concerned about that the
,ld Demersville site and old Missoula site, can he give a clear
itle or deed if a person buys this. President Lupton said he did
.ot understand the question. Danford as an old homesite, does he
.ave a deed on every site there originally. Lupton, does he have
o? Danford, does he? if you bought a piece could you get a clear
.eed. Jim Mohn said oh yes, that any property within those boundaries
any property owners within that would have to participate with him
and the Commissioners wouid also have to endorse this plat, which
would in essence do away with the two other plats and place this
one in its place and then clear title can be conveyed barring easement-.
etc. I
Wanted to know if MPC had easement 2893, in the 1964 flood,
changing the handle,
pictures of what the southern portion of this looks like. Above
that elevation. Sure, don't think so. Jim said that would show
up in the title research process. Come to light far before he, could
come to record the plat. There are pictures of the southern part.
President Lupton asked for additional comments.
There being none from the audience he opened it to Board comment
and advised that there were several things to consider. Asked their
consideration of*the land use and what happens to the property next
door. President Lupton said if this is changed to single family
then the zoning would follow that and possibly divorced from the
Lower Valley District and asked for a visual display from Jim.
Jim said he could go get it but it was all green, all agriculture.
Discussed then were the other zones as they related to the zone.
Jim stated that within the immediate vicinity and pointed out the
property being discussed as well as pointing out some of the adjacent
landowner property indicating that Mr. Anderson had some kind of
home occupation use and residential use on that property. The rest
is agriculture and some residential, indicated Hwy 93, the radio
station, Four Corners Lounge and south are some light industrial ^'�
uses, John Deere, etc. and to the east is Long's property and his
home and agriculture. Across from his farm are some residential
lots, from 2 to 5 acres and agricultural around that. Lower Valley
Rd. has some relatilvely 1, 5 acre homesites, Pfaffenhaus trailor
mobile home park and some residential homes (residential, mobile
home park, agriculture and light industrial land use), predominately
agriculture, large tract.
President Lupton feels that from past experience that action being
considered is contrary to past action, and disagreement on past.
subdivision and contrary to good land use planning, certainly
addressing road patterns and spot zoning. Don't see a lot of
difference between this and Country Estates. As far as road patterns
and land use pattern, just different geographical area and pattern,
but as far as growth patterns and at first glance did not know if
he agreed with Staff recommendation.
Cal Louden, said you are forgetting one thing, he can go ahea& and
do this anyhow. President Lupton said yes unfortunately this has
to be addressed everytime subdivisions are addressed. Something
to recognize and something Mont. Legislature has allowed. Louden
felt the plan is much better than the old one. President Lupton
said also to be addressed was whether it was likely.
lay Lybeck said the east piece of land is that 40 or 50 acres and
.,ong said he owns 120 acres east of the development. Lybeck wished-)
:o know if he had plans proposed for that? Long said his plan was
:o leave it alone and raise horses. Lybeck questioned it and in
:his day and age it was tough to make a go of it in a large or small
operation and anytime you s/_aIrt reducing looks like a step on the
way out, so wonder if there were proposed plans. Long said in the
horse business he doesn't need that ground. The proposal was
worthless land without water and Long said he had it tested and
it had such high sodium nothing grows there. Lybeck said the other
question was the effect of dogs on wildlife and how do you propose
to control the people, particularly the children, now we happen
to farm next to the Evergreen District and see what happens when
you start incorporating agriculture with subdivisions. Think this
should be the developers responsibility because it does and no little
item. Questioned no proposed fence along the south. Long said
he planned a chainlink fence for the length of his property, but
hadn't planned that to the south.
Dale Haarr thinks one asset may or may not have access to the river
and particularly appealing to a lot of people and where is there
public access close. Long said right behind the old County Shop
and Hospital. Haarr wanted to know if there was an opportunity
to tie in across the road to the river. Long said there was one
when he bought the place and it was a pain. During fishing season
you could hardly get through there and when he bought that place
in the trucking business and couldn't get in or out. Haarr wanted
to know what about the people in the development only. Long said
it was possible, but how do you exclude everyone else. Haarr said
the northeast corner was actually higher than the road and maybe
some access or parkway provided on that end, and Long said where
the road comes to the river is squarely in front of his house.
Haarr said there is vacant, and Long said Albright owns that and
built a new house.
Haarr felt there should be a fence on the southern portion. That
field has grain every other year and know what the grainfield after
the kids get their forts in it. Need a sensible fence. Long that
was why he wanted the chainlink between himself and the site, as
kids can't resist petting a colt. Haarr said he drove that road
and the amount of dust and whether the county should pay for that,
and Long said the landowners paid for the original paving.
Those present discussed campsite and dust and garbage and danger
to small children.
Danford felt that the school board's decision should be secured
before a decision is made. President Lupton said it has merit but
unfortunately you have to have kids before consider the schools,
been a continuous problem. Advised that was one school in the county
that did not have enough kids to keep it open.
Haarr felt that it was pretty well addressed and then proceeded
to read that portion from the Staff Report.
Haarr felt that it could possibly triple in size without any problem.
Joe DeLong said that if the Board decided to make the zone change
then that subdivision is still under the Compr. Plan of Lower Valley.
Jim said this subdivision was within the Kalispell jurisdiction.
Joe DeLong said it was still in the Compr. Plan boundaries, so
when we have our meeting these people will all be included. To
113.
be out of that you have to have another title on that district.
Jim said for Lower Valley's Zoning District purposes that could
be done. Joe DeLong said if they wanted to go to 10 acre lots those
people could care less. Concerned about that and these people sho,''"',.
be taken out if that zone is created. �.
President Lupton said he had some problems with the mechanics, but
it seemed that if the Commissioners adopted an R-2 zone that you
would automatically be out of the zone. Jim said the thing to be,
ironed is, Lower Valley and through the process has been 24,000
acres and been this community spirit that relates to activities
in Lower Valley and all of a sudden they would distort the
agricultural population versus residential population what has been
historically Lower Valley Community and afraid that balance may
have an adverse effect on agriculture. If they call a community
meeting of the Lower Valley Zoning District the people in this
subdivision would be a part and could attend. Only thing is dealing
with changing the handle.
It was advised that the Lower Valley Zoning District is duly recorded
and filed. President Lupton felt that the landowners should sit-
down and redraw their lines. Jim advised that that was what they
were asking of the Board. DeLong felt that this might have to be
done by resolution. Jim said the zone change would probably have
to be done by resolution and this could be labelled the Demersville
Zoning District, R-2. Questioned was whether they would have a
bite into Lower Valley. Robert LeDuc felt this should be looked
into. John Kain said if a motion were made to make the Comp. Plan
and that proper wording come from,the County Attorney so that this
parcel be removed from the Lower Valley Zoning District. Mr. Long7`
said he could state that in the Covenants that these people had `t
no say so in the Lower Valley Zoning District. Except he was advised
that covenants were an internal document in a way and not sure Lt
would do the job, felt that it should be via the attorney's office
and Commissioners. Should not have 1/2 acre tracts controlling
500 acre tracts. Jim said as a point of information, the hearing
sites some Mont. Statutes and up to the discretion of this Board
as to how they deal with this request. Have the option of recommend—
ing the zone change as requested, or denying it or amending it any
way that is fit and making that recommendation to the governing
authorities. So the Board can recommend that this area be taken
out of the Lower Valley Zoning District. Jim felt you can pass
the motion and add an addendum that it be examined by the County
Attorney.
President Lupton felt the Board should address land use in the Comp.
Plan and whether feel this should be residential in this area.
Should be addressed before the zoning and subdivision.
Jim pointed out that they would have to make three motions and make
three distinct actions. Jim stated they also pointed out was that
one of the prime conditions they would deal with were site conditions
and soil conditions and that was the primary reason that 80 acres
of Engelhardt's, in back of former Bell camper deal. Felt there
were too many other factors to consider that might never be dealt :._..,
Precedent is already there but the Board did not set it. J
Questioned was raised about the road paving and can the Board make
a recommendation? Was advised yes.
Dale Haarr moved that the Board change the Comprehensive Development
.��
Plan from agriculture —silviculture to suburban residential on this
President Lupton wished to know if there had been any input from
the people in Lower Valley. Jim stated that a good many of the
members in Lower Valley have been aware of it for sometime but not
aware of any meetings being held about it. Wolf advised that they
knew it was coming up but not sure when. President Lupton wondered
whether the citizens of the area would be interested in input or
that tonight was adequate and you could speak for others. Nick
felt that it probably should be taken out of the zone probably put
them out of business if you didn't. Jim asked what capacity Dean
Jellison was in in regard to Lower Valley. He was not aware of
it, as had been hired as the attorney to represent the zone. Jim
said he did not discuss the plan amendment but did discuss leaving
the property in or out of the zone. Dean called Woll and advised
he had not had time to look into the legal technicalities of it
and that he had talked to Jim and Steve Petrini and that at the
present time he felt in stating that if the property would be removed
from the district there would be no conflicts. Woll said he had
worked with some lots down there and had no problems with them and
knew a lot more about them and knew of two lots within that townsite.
He felt that it was best to have it removed.
To be pointed out was that this exists on record and those are county
streets and roads and Bill has a right tomorrow to build homes,
just needs to abide by the Brd. of Health and he doesn't even have
Ohim
to put in asphalt roads, those are county roads, and worked with
and a workable plan, fits the topography, willing to put in
asphalt and own water system, take care of the storm water, do a
good job of planning and if it doesn't go through the process, then
it will be revert back to what it is now and still build homes on
it. Based on the old it will be built or take this new plan and
make it a good workable plan.
President Lupton stated that he knew the Board was well aware of
the fact that he could go out and do it tomorrow. What is being
wrestling with is the practicality of that, a change in the Comp
Plan and the likelihood and whether or not any subdivision in the
area is. in the best interest of any one in the county, particularly
the people in the Lower Valley Zoning District, therefore even though
he can build all over the place, that he for one, will not be
threatened by that potential.
Joe DeLong said there could be a legal question as that proposed
subdivision is setting on the larger part of the old Demersville
Townsite. Jim said he wouldn't say larger part, but rather integral
part. KM&R county r/w's that are on the old Demersville Townsite,
right, then some of the lots have county r/w's through them, as
you have changed it. How can we adopt the subdivision without
abandoning the r/w's on private lots. Jim said it really didn't
take a hearing, they can abandon a r/w by resolution, both Demersville
and the r/w's. Jim advised that they can abandon by resolution
specially if they own both sides, it make,s no difference. Albrights
already have obtained deeds to the full r/w in their section strictly
by quit claim deed.
Robert LeDuc made a motion to table this until they have more people
Fairway Blvd
Estates:
Rec. for Appl .
with Conditions:
to discuss this. People present are not Board members of Lower
Valley or officers, just interested landowners. President Lupton
wanted to know how formally they could go through the zoni�.ng district
for their -input? Jim said a News Release, spot and time to talk
about the Demersville Resub. Jim said all the meetings down there n�;
have been at the Fire Hall or School. Woll said that mayube those
gentlemen are not legally a Board but a year ago the people down
there selected a Chairman and Secretary. Said they appointed
themselves and Woll said they did not, they voted on them. Cal
Louden said there was a petition down there and that 51% of the
landowners down there wanted out of that zone. Haarr wanted to
know what happened to it and Cal said the Commissioners were sitting
on it as they didn't have to act on it, a political pressure petition.
Robert LeDuc wished to make that motion to continue it for two weeks
and have Lower Valley come up with some more input and wait till
next regular meeting and put it back on the floor. Dale Haarr
seconded that. (August 14, 1979) Questioned was called for and
the motion carried unanimously.
Marion O'Connell said that as far as being organized the district
basically isn't so would suggest that if it would be acceptable
that one of the Board members come down and chair the meeting and
she would be willing to send out notices. Didn't feel they would
give much input except those here tonight and Dale Haarr said the
only input was to get out of the district and then they could care
less what happens to it.
O'Connell felt this was a well planned subdivision and that land
was not prime land and what he does not interfere with them and
as long as he is in a position felt that one should change the 0
boundaries.
John Kain said Jim would be the logical one to chair that meeting
and Jim stated he felt it was a waste of time. Woll said there
would have been more people from Lower Valley except there were
three other meetings tonight. Jim said one of those members was
President of the County Planning Board. President Lupton said the
motion was passed to table this.
President Lupton felt that if it took that type of effort to get
them here for the meeting they would be here. Doesn't have the
time to round everyone up and if they did not wish to come, three
weeks was adequate time to gather their thoughts and get back.
Jim advised a news release and in tomorrows paper would show that
this was tabled until other residents of Lower Valley could attend
and phone calls should advise them.
Jim Mohn stated there were three adjacent landowners on this project,
Flathead County, City of Kalispell and Benny Brugh. Jim said the
reason there was only a three page report was that because of the
master plan original there was about 100 pages of information and
this was part of the Village Properties Master Plan. Jim then
pinpointed the proposal and advised that Duane has begun to tie
together the various portions which has been working on for the 1
last twelve years. The Master Plan was approved by the Commission
on what is considered the concept approval, Feb. 25, 1975. Since
16
that time this 80+ or — plus multi families were incorporated into
a sewer district in July 77 and the physical design is still in
process with. Thomas, Dean and Hoskins. The property was zoned in
July 77. Didn't have the date for the sewer district. As part of
the zoning district this property was zoned R-4 which is single
family and allows 7200 sq. ft. Last month Duane submitted a
conditional use permit to allow cluster development in conjunction
with that R-4 and recd approval from the.Brd of Adj. as shown.
Formulas governing living space, open space, recreational etc. were
reviewed and approved in conjunction with that permit and that was
effective the 28th. of last month. In review of the project it
does fit the basic concept for the development area and recognizing
physical changes and economic and in lieu of those factors the Staff
has made a recommendation of preliminary approval with the following
conditions:
Via. that a dry collector sewer system be installed in the development
jat this time and that system be designed along the requirements
of the city and the special improvement district,
b. that the community water system for the project be designed
to standards to tie in with the Evergreen water system,
3. that a reserve strip ten feet in width starting on Whitefish
Stage be established with the filing of the final plat with the
following statement: This reserve strip to be deeded to Flathead
County as such time as Board of County Commissioners of Flathead
County deem necessary to`provide for approved r/w for Whitefish
Stage. In addition to that a one foot access control strip which
is controlled also by the County or governing body of jurisdiction
that would prohibit access all along this r/w with the except of
the approved main approach road.
This does not meet the letter of consent that was given in 1975
but does at least.meet the intent and provide for the options provided
by the original request., At that time asked for an outright 10
ft. dedication.
Unless any one had any questions that was the sum of the presentation.
jJim was questioned, about filing of the final plat on that dedication
'and here it says filing of this plat. Jim said this plat would
not be filed. The final plat would have some adjustments in the
location of the building sites. The developer said it would stay
�right the way it was. Jim asked if he could get hi$;,Toundations.
in and he said their engineer for the sewer and water checked and
this was the final plat. Jim said when it was put into final form
lit should draw the necessary certificates. 10' deeded? no reserved
and you lose the right to control it. After such time that the
commissioners say they need it you will have to give it up. The
reason he was concerned was that the triangle was designed before
and if you take 10' off the triangle a nice piece of property will
be destroyed and there will be 10' off the golf course which he
didn't think they'd concede. That 10' goes into their T box and
toilet and Jim said it depended if their fence line.they put up
is on the r/w. Jim said his fence line didn't match up. Long said
their fence line does go at an angle. There's is a surveying error.
Long said he would dedicate the land if the City would dedicate
7
theirs as when he gets up to that triangle there is no way he can
give up ten feet. Jim said there was already a 6' variation between
what he had and the City. That is their mistake as he had it checked.
John said considering it was private property might have to widen _1
that out should they go four.lane. T box could be moved. 70'
Jim said a four lane secondary need 801, 4 drive lanes, park lanes.
,Jim advised that Axelsons fence was in ten ft. giving the road there
701. John Kain said. he would rather wait on that road as there
iexpect to see .the 7th. Ave tie over there. Met with Keith Allred and
Tutvedt to get 7 acres in Sec. B on the north side of the golf
course. Giving 10' off that triangle and if they want to take it
'they'll have to condemn it. Allowed ten ft. off that end. Jim
stated that when the golf course the city drew up the plat and put.,
the fence line in and no adjustment with no expansion for the adjust—
ment on the dogleg 10. Quite adequate. If they took off ten on the
course it would be in front of the T.
He questioned when. you buy it and subdivide it and sell it but what
if you buy it and keep it can they take and condemn that land then
and take it. Could be quite a battle. The Commissioners Jim advised
always had that authority but never used'it.
Ann Smith wanted to know how much dust,and dirt would one raise
onto that golf course. Duane said he would put in pasture grass,
keep it cut, all green,except where the .houses are, need to pave
it, The neighbors were concerned as wanted to know what one would
do about the dust. Planted it in pasture grass.
Wanted to know what was done on the utilities there and Duane said
all done to city code. /1
Haarr asked where the pool was, and Duane said where the moat was
there was a putting green and tennis court, clubhouse with pool
inside. Wanted to know if they would have access to the golf course
and he said there was a fence around and earn the right to go to
golf course. have to go through a house.
Covenants restrict it against children. Ann Smith said to disallow
!that. Said get them raised and then have fun.
Pres. Lupton wished to know if their objects about the 10' was,
consistent with objections voiced on Country Estates? Would that
be called an easement?
Jim stated there are two approaches to betaken on the extra r/w
business. Country Village and Mission Village asked for a reserve
.strip because it is on state highway secondary r/w but when fronts
on county,, then ask for at dedication, so making some changes with
regards to asking for a 10' by asking for a reserve strip without
asking for an outright dedication. At the county's discretion.
Haarr wanted to know the long range forecasts for highway traffic
on Whitefish Stage. Jim said somehwere around 8,000 vtp estimate.
Meridian? 15,000 ? Highly unlikely it will ever be a four lane
road. Ann Smith said if one can't get 93 4 lane, why Whitefish?
Already a lot of objections in Hillcrest.
Most of Meridian is almost the proper width now and have the room
�1
Appleway-Meridian
Comp.Plan Chg
Rec.
Ito work with, almost to the door step, but not considered when that
was laid out.
Then discussed the accesses and about traffic going west and the
bridge traffic.
It was stated there use to be a highway going up through the golf
course, and the county was going to put in the Blankenship Bridge,
a real bad one and the neighbors stopped it because of the type
of traffic from coming through and so it was tabled for a study
and still studying it...the county. If they do put a bridge it
will be just for local access. Dale felt that with the traffic
problems on Idaho, then would slay to reserve the 10' but don't
see that there will be that type of direction put on traffic down
Whitefish Stage. Think a by-pass would be further out than that.
Ann Smith wondered if the Mall traffic would affect that. Dale
said they would come across on Evergreen.
John Kain said it was necessary to keep.one thing in mind, on the
east -north project scheduled to be built next summer, 7th. Avenue
EN from Idaho is going to be reconstructed, a 44' wide street.
This was inter discussed within the Board.
Explained was that George Schulze who has the forty is in with them
and recommended that the school dedication be to the south and of
course Keith Allred,'and Paul Tutvedt agree so that puts the pressure
to put the road on through, just a short distance to 93. So the
basic design is to take everything west. North and south is what
bears the traffic now but as that develops .the traffic within that
area will be basically going west. Any traffic would go to 93.
Come right out on the north side of Elmers, unless Jack Cutman,
4 Mile Dr., called Grandvi.ew...come right out at Parkview Terrace.
Then discussed was the traffic flow from there. Jim said he has
to agree with Duane somewhat but felt that the route would still
be one. of the historic routes to that area and B&B, the commercial
core will be the hub and still have to look at improving it and
work around it. Duane not objecting on thils one but concerned
about the triangle. John Kain said that should be addressed next.
Jim felt that he should point out that the 80 acres up on top is
in limbo and is zoned'for RA-1 and -2 and regardless of what happens,
Whitefish Stage will continue' to be a heavily travelled route and.
have worked on at least four different designs with Duane on that
80, and none have come up to RA-2 densities and with the changing
building designs may tell him he can't put anything less than RA-
2 and then there will be problems.
John Kain moved'that the Board grant preliminary approval of Fairway
Blvd Estates with the conditions as.stipulated by the Staff; seconded
by Dale Haarr. Chr. Lupton repeated the motion. Question called
for, motion carried.:
Dale Haarr advised the Board he had to leave.
Chr. Lupton felt that land use should be given top priority. Jim
felt that the landowners: would probably be coming to the Board with
a proposal. Jim said he would suggest that the Board take the area
south of Spring Creek, to Hathaway, from Meridian, the area presently
19.
Opsand Annex
Rec. for Annex.
Appd
Agenda:
Communications
Discussion:
recommended for urban density. John Kain said that Pack had
preliminary plans for the rest of his property that is to the south
and east and southeast of the Sizzler, so that butts right up to
this and discussed was the Staff's alternatives, felt that perhaps(
traffic would be routed onto..Center Street, or follow along the north line line of the Burlington Northern r/w to tie in with Montana
St. Now the Redevelopment Plan calls for a commercial core. Jim
stated there were two land uses recommended for south of Hathaway,
one is industrial and then come back into the urban residential.
Not talking about zoning but a change in the Plan. Jim stated that
the other alternative is to put it into high density urban, because
there are some professional uses associated with it. Questioned
was the practicality due to traffic. The Board then discussed all
the existing properties and their respective zones and the possibility
of zoning all the way to the railroad, and possibly retaining some
for light industrial along the railroad.
Chr. Lupton requested a motion.
Jim stated that it was a forgone conclusion that the plan for that
area needed to be changed, but just a matter of how much and felt
it should be all done.
John Kain moved that the area that is currently in the county under
the Board's territorial jurisdiction, bordered by Appleway on the
south, Hwy 2 and Meridian on the east from the urban density to
commercial. Questioned was whether commercial was addressed in
the Plan. Advised it was as a general category. May not want to
go°south of Appleway because of Forest Products, and that probably
would be under light industrial. Questioned the amount of acreage,o
between Appleway and the railroad. Runs on an angle. Could be
some track frontage and thought is to hold off until later for the
total area. Jim advised any of the B districts were compatible,
probably B-2 and -6. Jim didn't feel that needed to be addressed,
but Chr. Lupton felt there was too much commercial already. Jim
stated one would go to hearing with this type of proposal for that
area; Ray Lybeck seconded the motion.
Chr. Lupton called for the question, motion carried unanimously.
Opsand Annexation is the next proposal. Have half acre, which is
contiguous on three sides to the City. No Comp. change required.
Jim needed a motion of endorsement and recommended R-4 zone.
Dorothy Garvin moved that this be done; seconded by Ann Smith;
question called for recommending annexation with R-4 zoning as
recommended by the Staff: question called for, motion carried.
Ann Smith was advised that it now needed to be taken to the City
Council.
Jim Mohn ran quickly through all the communications as indicated
on the Agenda.
Jim clarified the Russell road access problem.
Jim stated that what Lloyd Shoemacher was looking for was the right0
O.
Minutes:No action
ee/10-12-79
to issue building permits on all buildings within the Evergreen
area which fell under the jurisdiction of the City's inspection.
It was felt that the weed problem that existed in the new LaSalle
Industrial Center was a real fire hazard.
The Board discussed the location, indicating it was on Hwy 2. The
Board thought this was withdrawn. Jim stated that this was taken
under advisement with a recommendation to look at adjacent uses.
No action taken on minutes.
Being no further business, the meeting adjourned at 11:12 p.m.
Wm.J.Lupton,Pres.
Oi
Sunrise Addition: President Lupton requested that Jim Mohn give the presentation on Sunrise
14.6 Acre N. of Addition. Jim stated.that preliminary Staff,Report was mailed and a
East Reserve Dr supplement was handed out, which clarifies that section.
1 mile E of LaSalle
Tracts 7K & 7EC; Jim gave a brief description,of the location of the proposal. (see Staff
SE4, of SE-4 of (Report attached)
Sec. 28, T29N, R21W,
21 lots Res. Use Jim stated that,the 208 Staff is doing a research project of the area
2 Acre lots. and it will be necessary to continue to take samplings through June
and July in order to get a complete report.to determine the fluctuations
(Tabled proposal. for the area.
Moved to hold
Public Hrg. on
Comp -Plan Review)
The only public input has been from an adjacent landowner who indicated
as long as.they were far,enough of away.from his house fine but didn't
look forward of having people encroaching on,his property to seek
recreation or create conflicts with his.agricultural pursuits.
There was no other.input as,of today..
Jim then read the SCS.letter,,,copy attached. Jim said that in his
discussions with Mr. Cloninger in the Office the previous Friday, pointed
out_that the subdivision regulations do call for local government to
require at least a drainage easement along the streambanks and bodies
of water to protect from encroachment physical improvements along the
streambank, but it does restrict to some degree the potential public
use of streambank which may be a detriment or.benefit to the area depend—
ing on stability of the streambank.
As for basis of need, Jim is not readily visible, referencing the Silver
Shadows Subdivision, located approx. 3/4 of•a mile west of the project.
This has been approved for sometime and has very limited development..
Has similar characteristics except Silver Shadows doesn't have stream —
bank range and the detrimental is the adjacent BN r/w. The evaluations
made with regard to this.site.are primarily favorable. Park Supt.
discussed the park site as designated and based on that it was acceptable
but discussed was expanding Lot.17 which would give limited access to
Springcreek and then instead of limited across between Lots 20 and 21
relocating the lot line between 17 and 18 and reducing it about 201.
The rationale for that recommendation was to centrally locate in the
subdivision the primary access to the park site and noting that this
is.approximately a 1 3/4 homesite at this time and should the Park Board
feel the need to purchase additional parklands,south of this would
provide ready access to existing area.
Staff had difficulty in how to process.,this.particular subdivision,
primarily basis, that it does,merit some ki.nd_of conditional approval
but.does note that it.does not comply with the Comprehensive Plan.
Like to point out,that now established North of Reserve Dr a large zoning
district that provides for R-1 and R-2 and some industrial uses and
also add the establishment,of the..LaSalle .Industrial Center and I-1
zoning district and there is.ever..encroaching industrial on LaSalle
toward this project. It is determined that the best approach at this
time would be to suggest a possible Plan Amendment in this area primarily
from Whitefish River,to Helena Flats Rd.,. z mile deep on both sides
of- West Reserve, to try and evaluate ,this particular vicinity and make
some amendments that may encourage or,promote this particular development
7.
The .LaSAll e Industrial Center took out approximately 35 acres planned
for residential and the Silver Shadows development is now zoned R-2
which provided 71 or 72 lots and the Scenic Tracts area is presently
a mixture of 1 — 5 acre lots and currently zoned`R-1, and adjacent too
that is SAG-1 120 to 140 acres. Suggest another look be taken at this
particular area.
Recommend postponing action tonight and hold a hearing both to.evaluate
that particular area and reassess this development at next month's
regular meeting: Maurice is here and didn't know anything about this
till I handed it to him tonight.
Mau
rice'Eddy needed to straighten,out the thoughts. Glad to see it
is finally going in the 'right direction to correct the Plan before going
forward with a subdivision in that particular area so if approval is
'taken we can say.it'is in with the Comprehensive Plan at
the time in which it is approved. Wished to know if that was what was
being said? Study the area from Stillwater and Whitefish River, half
a mile north and half,a mile south, to amend the Plan and then any action
that comes in there will hopefully be within the Comprehensive Plan.
President Lupton submitted that perhaps that would take more than 30
,days.
Jim said that based on'discussions in the office felt that within
30'days should be able to present some sound land use
recommendations for'that area that the general public would be
able to respond to and accept, reject or amend.
Can't hold a public 'hearing 'on it and if a motion were made could
study it and takeaction on this subdivision essentially the same
night.
Would -`like some indication from Maurice Eddie 'and he said he'd
guess it wo'ul'd'have to be.'Wasn't presented this till tonight
so it -comes as a shock. Another 30 days what's that.
President Lupton said he appreciates that 'everybody is here to
do what is right. Maurice felt' he' should have had this prior.
Have 'a small Staff who work hard and not everything comes down
the pike on time.
I would like some feelings to -see what.is necessary to meet the
Board's `approval. Some of this' does not agree'with, such as 50'
off the creek frontage. No' way An individual wants to maintain
it for 'the public. As' far as a park is concerned, probably the
dike to stay at the position it is, and this could be in the
Covenants to cover. this. Don't want to lose the creek frontage
on that lot. Jim said what was being looked at this site is prime
for audience type recreational use. It's a_dish and raises 12
ft. high'`on each side and the dike is at Least the same elevation
And you could use the natural features and centralize your intense
recreation at the bottom where they'are screened from view by all
properties and because of that depth have noisy functions and
hoping to extend the park so that general'public would have limited
streamcreek access and eventually make that one continuous park
park site.
Maurice said that then along the northern edge of that property
g,
how about 20' of that to go to the creek, then if ever go on into
the,.property that have possible option above there then that would
also be for park area too, across the creek. Jim said the county
could Out a pedestrian'bridge. Jim said as far as controls on
the creek, gone through that=with this Board, point out that rather
than public dedication prefer a drainage easement, and under that
the landowner retains ownership, accepts responsibility within
that easement, can't put any physical structures.
It was felt that all this could be resolved with the Staff.
Pres'ident,Lupton felt that the Board should entertain a motion.
Frank Morrison, who lives on land adjacent to this proposal,
wondering what protection hell have as to quality of water?
concerned about water quality,. To address the question, the
sound decision of the State Board of Health in all these matters.
There is nothing that the Board can say to amplify that. Water
is good now and if they have a bunch of septic tanks, what will
they have? This is the purpose for the Board of Health. Have
no idea what they intend to,do about the septic tanks or water.
Also brought up the fact that the west line does not run straight
and the,surveyors found out that -,.the fence is about 20' from their
land at the north end. At the south end it is pretty close. Runs
stock in there and if he h,as developers in there will expect that
fence to be replaced. President,Lupton says it is easy to say
that will be done but — One -of the Board members who knows
Maurice says he is - a reasonable person and knows this can be -
resolved. Asked about it and he said he wasn't interested in it.
Maurice said he thinks that he. said at the time he wasn't concerned
because it was no big problem.
With surveyors and property being sold don't think that there is
an, problem as .this would all be resolved, however pointed out
that this Board could,, not be concerned about survey lines, just
land use and whether this is right for this area.
Herb Koenig referred to Cloninger's letter, as Supervisor on the
Conservation District, discussed Spring Creek because there have
been some applications to clean the stream up north of there.
'The,District administers the;Streamb,ed Protection Act. Felt that
if there is a common area along the stream everyone will benefit,
won't sell the lots as well, but Fish and Game is interested in
trying to revitalize the.whole stream. Felt that possibly some
of the area could be parkland.
Woman, adjacent, said in 1964 this area was flooded. Lawrence
Krusziski. Notice was sent to their address but to Hansons so
found out from the mailman. Was under the wrong name. Have friends
in the Helena Flats School District and invaribly children would
be going there and just have remodelled and wondered about the
influx on the school. Do have a problem on that road. There is
a lot of speeders on East Reserve and would have to be signs posted
if there were children. We have horses and neighbor has sheep
and the wind blows from south to north just where this would be
and we do spread the manure on the fields and the smells could
be offensive if there were that many people in a small area.
John Kain wished to know if Mr. Eddie had been in contact with
En
Tom Cowan, County Sanitarian? Mr. Eddie said no. John Kain said
the 201-Study touches a good share:of the Evergreen area. They
are comparing results on existing water pollution now and it
doesn't Took good. This is. whyI hope you talk to Tom, and ther(�
maybe a portion where there is a moratorium placed on the building
and.Eddie,said Mark Spratt is doing one on his property ... but saw
no, -results:
President Lupton questioned whether it was necessary to do it in
two motions,:one:to'schedule a public. hearing and one to table
this proposal.
Jim Thompson moved that the Board table any action pending a review
of the Comprehensive Plan on Sunrise Addition; seconded by Dorothy
Garvin: motion carried.
Jim Thompson moved that a public hearing to review the Kalispell
Comprehensive Plan in the area 1/2 mile north and 1/2 mile south
along East Reserve and West Reserve extending from Helena Flats
Road and the Whitefish River; seconded Dorothy Garvin.
=Ray Lybeck'happy'to see this being done, as have friends who
already are having problems when it comes to noise and truck
traffic into this industrial center. Looks like this area is going
industrial.' Talked ''to Maurice' 'about this. Instead of planning
a'subdivision�of this type maybe he, should take a look at this,
- more by going industrial type park' rather than mix the residential.
The question was called for and the motion carried unanimously.
Maurice was 'advised that his proposal was tabled in lieu of lookr._b
at the comprehensive plan.
Being'no'additional business to come before the Board the meeting
adjourned at 11:56 'p.m.
W.J.L'upton,Pres. Ray Lybeck, Secr.
ee/7-24-79
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