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04-26-77Sunrise Terrace #2 Public Hearings North..'Haven .. Heights•. 2nd Addition. The. regular meeting.of._the Kalispell.City-County Planning Board was held on Tuesday., April 26, 1977, at_7;30.p.m. in the Flathead County. Courthouse East Community Room, 723 5th. Avenue East, Kalispell, Montana. Members Present:. Fran. 011endike W. • J. Lupton.. Dale W. Haarr. .. Harvey Knebel ..- Ray Lybeck Charles Hash Jay Shropshire Garmen. Meadows .. Dorothy Garvin Others Present 1 APO Staff Representative 26 Guests. The meeting was called.to order by.Vice-President Dale Haarr at 7:40. p.m. Minutes of the April 12,.197.7.meeting were approved as mailed as moved by. Harvey Knebel;.seconded by Fran 011endike; motion carried. Jim Mohn read a:letter from the Board of County.Commissionersr dated April 14,..1977 to -the A,P.q_. with-k'egard to.Sunrise Terrace #2.. This was a proposed preliminary.approval statement was subject review.and endorsement by: the'.Eastside Planning Unit. The endorsement was .received .and the letter.was signed by Ken Siderius, Chairman o.f.the Eastside Planning.Unit,. Mrs. Richard Jukich Ftas.in.attendance at.the planning,meeting and she.indicated'that.she approved of the conditions.outlined in the letter. Charles Hash questioned the.manner in which.CoVenants addressed in the. letter. -as_-well as other items in. the'.. letter, .were to be enforced, Additional discussion. concerning.. conformance with original planning boardrecommendation followed;-''Garmen moved toapprove the...letter.as.read; Dorothy.Garvin.seconded the motion: motion carried.. Jim Mohn presented.the.Staff.Report and the. Staff.rec6mmendations Several questions,.were.xaised with.xegard.to.the (vater'.systems for :the. existing . and'prQposed..developments,- Doug Daniels - who is the..designer for the extension of'the..services'.,and also the licensed operator for..'the'._development indicated:that.thexe are two..wells .serving the ;system, one rated. at (:45) :: gallons per . minute and the other rated at (110) gallons a minute, Additional comments were made with.regard to traffic problems in the area; A letter from the.State.Department of Highways and addressed to Vern Harris, a.resident of North Haven Heights.lst Additi.onf . was read and discussed, Tt was the Highway Departments recommendation that. the:..section of us .93 which is in question possibly could haveadditional signs along the'. highway to reduce the speed'.limit...:Also the letter suggested an alternative access from the.southside of North Haven.Heights 1st Addition with a connection to.hexry•Lane. Several Board Members felt that this recommendation.was ill advised due to the increasing number of residence..being constructed in'the North Ridge Heights development and Shexry.Lan.e would be a through access to. Three Mile Drive, Tt.was..the Planning Boardl's.suggestion that access be secured from'the southside of North Haven Heights 1. Pap's Mobile Home Parr Expansion east.to US 93 utilizing what is called -Summit Hill Road. This property is owned by Austin Miller and H. Larson. The next comments were directed to Park Requirements. After considerable discussion the Planning Board felt that the laws as they applied at the time of platting for North Haven Heights Original and North Haven Heights lst Addition should be applied as they existed at that time, with the result being as follows: No park requirement existed at the time of platting the Original North Haven Heights Subdivision and that at the time of North Haven Heights lst Addition, the governing body had the option of applying either 1/12 or 1/9th.of the total land area being subdivided for determining park requirement area. As of this date 1.12 Acres of park land have been set aside in the North Haven Heights Development. If the previous park requirement percentages were applied the total park requirement due at this date for the entire North Haven Development would be 1.12 Acres total. After discussion with residents of North Haven Heights development, the. Planning Board felt that an adequate park presently exists. B. J. Lupton moved to strike Item 2 of the Staff Report with regards to the park requirement; seconded by Ray Lybeck: motion carried. Fran 011endike moved to approve North Haven Heights as recommended by the Staff and amended by the previous motion; with the following conditions: "That the Kalispell City.. County Planning Board recommend to the Board of County Commissioners of Flathead County that the. preliminary plat of North Haven Heights, 2nd Addition, be given preliminary approval subject .to the following conditions: 1. That water and sewerage systems. -be approved by the State Department of Health and .County Sanitarian, 2. that the -Kalispell City.County_Planning Board and the Board of County Commissioners --(or their heirs or their successors) be made part and party to any change in the Protective Covenants_" The.motion was seconded by Dorothy Garvin: motion carried, Jim Mohn then reviewed and presented the Staff Report for the. Pap's Mobile Home Park Expansion with.the Staffs recommendation. Several complimentary statements were made with regard to the existing Mobile Home Park.. A number of residents of the area and residents of the trailer court were in -attendance and indicated no objection to proposal. .Ray Lybeck moved that the Expansion of Pap's Trailer Home Park be approved as presented by the Staff;. "l. The. Kalispell City -County. Planning Board recommend to the Board of County -Commissioners that a variance be granted from the private storage.requirements, 2.. from the landscape plan, and 3. the sign..requirements.of the.Mobile Home Park Regulations, since the developer presently provides private storage facility in;the.existing shop structure, secondly -because the proposal currently has a very.well landscaped entrance, and thirdly,because the; developer does not wish to have an entrance sign. 2. Underhill Sub- division #2 Park view: Terrace Lots 33 through.-44 and that the Trailer Court Expansion be given preliminary approval subject to the following conditions;' 1. That all water and sewer systems be approved by the State Department of Health and County Sanitarian, in accordance with_State licensing requirements, and 2. that the developer submit to the A.P.O. Staff for their file, a copy of his management policy. Seconded by Dorothy Garvin; motion carried. Following a presentation by Jim Mohn, listing the update of conditions since this development was originally reviewed and approved in September of 1973,.Harvey Knebel moved to approve the development in accordance with the recommendations of the APO Staff. The Board wished to reaffirm their original recommendation and recommended that the developer and the City Attorney meet to resolve the following points of concern; .1. Clarification of the sewer easement which at the present time. exists from the proposed subdivision south through Lots 7 & 81 13, and 14 in Block 1 of Underhill Addition. Proper documents should be prepared and this easement conveyed to the City for access and maintenance purposes, 2. that rather than refer to theparcels in this subdivision as lot and block numbers, that the block numbers be deleted and the lots be numbered consecutively in sequence l through 9, 3. that clarification be made for Tract A on the.proposed plat, stating that this is to be deeded to the adjacent property called Tract B of .Certificate of Survey 1520,.this Tract formerly a portion of Lot 7, Block l of Cameron's Addition to Kalispell, . 4.. concerning the..51' road easement shown on portions of Lot 3, Block 4 and Lot 1, Block 6 of the.preliminary plat,.. this should be clarified.to.the satisfaction of the.Kalispell City,Attorney with reference to.the City`s ability to: improve this for roadway purposes in the.event that.access is necessary to adjacent land to -the n.orth:of this -.subdivision, 5. concerning the proposed.street width shown as Underhill Court with a.51' rightof way, it is the.recommendati.on of the. Kalispell City-County.planning Board that'the'Kalispell City Council grant a variance from the.street design standards to. permit the.511 right'. of way, and noting that it is doubtful that:the.need.for the.full 6W right.of way would ever be. needed to.serve.this proposed subdivisions" Dorothy. Garven.seconded the above; motion carriedt Following considerable discussion by the'.StAff4.Board..Members and developer and his associates, the.following motions,.were made; B. J. Lupton moved".:that those:lots.which.front on the'.southside of Harrison Blvd.be limited to 13-2 stories in,height. 67ay Shropshire seconded; motion carried!,, . 3. Hall's Addition to the City of Kalispell 1 { I Following further discussion the second motion by Ray Lybeck,. who recommended approval of the annexation as per the Staff recommendations as amended. "That the. Kalispell City -County Planning Board recommends to the Kalispell City Council that the annexation and zoning request for Lots 33 through 44 of Parkview Terrace, Addition #1 be given preliminary approval subject to.the following conditions: 1. - that water and sewer systems be approved by the City Engineer,' 2. that fire hydrants be installed as required by the.City Fire Chief, 3. that the balance of Harrison Blvd be paved, 4. - that cash -in -lieu of park be. -accepted, 5. that all structures be limited by covenants to a maximum of a four plex and that building heights of structures to be built on Lots 41, 42,.43 and 44 be limited to one and one half stories above ground, 6. that the City Council be made part and party to any change in the Covenants, and 7. that annexation be contingent upon the resubdivision of Lots 41, 42 and 43 from three lots totwo lotsand that Lots 34, 35, 36 and 37 be resubdivided from four lots. to . three lots". Fran 011endike seconded the motion: motion carried. Jim Mohn presented the Staff Reports and comments and recommendations, and the developer, Mr, Ken Hall presented his proposed uses and sketch -plan for the northern most portion of the development. The Staff summarized the Boards obligations with regards to this annexation request and comments centered on the ability of the Ctty to provide services and the Staff's recommendations concerning the landscaped area on the northern most point of the.proposal.. All comments were favorable. Following a review of the Staff's proposed permitted uses B. J. Lupton noted that . an exception should be made restricting greenhouses. Additional discussion concerning responsibility for the landscaped area at the point of the development should be. taken by.the:City and that the City should have the. responsibility for finding an.outside group or groups of civic organizations for maintenance and care of this landscaped area. Fran 011endike moved that the Planning Board.recQmmend approval: "That the Kalispell City -County Planning Board recommend to the Kalispell City Council that the.preliminary plat . and annexation of Hall's.Addition No. 82 be.given preliminary approval subject to the'following conditions: 4. e 1.. That property shown as Lots 3, 4 and 5 be zoned as No. 3 Residence Di:strict..for Multi,F`amily use only with no commercial uses allowed, and that the.lots.shown.as No. 1 and No. 2 be.approved as a No. 5 Business. Residence District with the following.permitted used; a. any use permitted in the No. 1, No. 2.and No.. 3 Residence Districts.with.the exception of hotels and small shopes (service and repair)r b.. offices c. parking lots d. photo.galleries. e. printing shops f. studios g:' florist ;.but with. the. exception that' no. greenhouses. be permitted. h.. any business similar.to.or connected 'with .any,of.the uses above:particularly specified. 2.. that all water.and.sewer:systems be approvedby:.the:.State. epartment of.Health..and,City Engineer, 3. that the developer prepare Covenants to the'.effect.of th.e items mentioned above,and.that the.City Council.be:made partand party to.any change of said.Covenants, . 4. that a parcel approximately 2001'.long on the'..Meridiaii Road side and .75'.across the base of th,e.triangle"be'dccepted by the.City.as partial park satisfaction with..the.stipulation that this not.be'.-aeveloped for .recxeational.purposes;-.but that a civic .group or.combination of civic:g?xoups_.be_sought`.. to develop and maintain. the' area as a'landscape area only, This area would contain approximately .7.'500'. 'square feet,.. withthe balance. ofthe.park requirement to..be'.satisfied with.a cash,in"lieu.of.dedication'payment•to.the.City Park Fund." carmen Meadows:.seconded..the motion. motion'carriede `Meeting adjourned at 10,40.p.m. PRE;S DENT. $ECRETARI' 5. 'We the undersigned, members of the Kalispell City -County Planning Board, do hereby waive notice of meeting and consent that a meeting of the Board be held Tuesday, April 26, 1977, at 7:30 p.m. in the Flathead County Courthouse East, Meeting Room, 723.5th. Avenue E., Kalispell, Mt.