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03-28-783'-28-78 . Minutes approved: 3-14-78'. Kookoosint Village #2 & Master Plan. LaSal.le.Industrial Center. Hawthorn West- Publ ic. Hearing The regular meeting::of: the Kal ispel,l City -County Planning Board was held Tuesday, :March 28,, 19.78 at 7:30 p.m. in the Flathead County Courthouse East, 723 5th. Avenue East, Kalispell, Montana. Members Present: Others Present: Ray Lybeck 2 APO Staff Representatives Gasmen Meadows Steve Petrini Dale W. Haarr.'. Jim Mohn Dorothy Garvin James J. Thompson Walter A. Griffin Harvey Knebel Fran 011endike W. J. Lupton The meeting was called to order by President Dale Haarr at 7:34 p.m. Minutes of the March 14, 1978 Meeting: Dorothy Garven moved that the m.inutes be approved as mailed; Seconded by Jim Thompson: motion carried. Jim Mohn read the list of conditions in the letter of recommendation referencing Kookoosint Village-#2 and Master Plan, which was sent to the Board of County Commissioners on March 20, 1978, and also the recommendation on LaSalle Industrial Center. (attached) Jim Mohn presented the summary of the project and outlined the Staff's recommendations. Developer of the project, Jim Scharen,.asked that Jim Thompson present the planning background with respects to the current proposal. This was done. Jim Bartlett, a 'resident of Adams Addition, questioned the park .dedicationwith respects to the current proposal. Jim Scharen gave a brief history of previous actions with respects to Po.rta Vi.11a No#2 and Porta Villa #2 and the action taken on behalf of the city for park purposes. Gasmen Meadows further clarified the park situation stating that both land dedication and cash -in - lieu of payment had been made on both Porta Villa #2 & #3• Walt Griffin asked for the number of off-street parking spaces to be provided in the development. Jim Thompson indicated that there were several off-street- guest parking facilities accommodated in the plan and that the final number is yet to be determined. Walt Griffin also brought up the question as to how the. park requirement would. be satisfied on this particular project. Jim Thompson indicated that the plan would be asked for under the PUD classification with the recreational requirements to be satisfied within the boundaries -of the subdivision. Following .additional discussion Fran 011endike moved to recommend preliminary approval of this project with the conditions as indicated below: 1_ That water and sewer systems be approved by the State Dept. of Health:and Environmental Sciences, .2. that a review by the City Attorney be made to clarify any question with regards to any park requirement, and I3. that completion.of the Covenants be made prior to action by the City Council. Hartt Hill Estates - Pub] i c Hearing. The motion was seconded by Walt Griffin; motion carried with Garmen Meadows and Jim Thompson abstaining. Jim Mohn presented the Staff evaluation and recommendation With regards to the project. Dean Jellison, spokesman for.the group, indicated that a presentation would be made and asked for Bruce Lutz,, the designer to give his explanation of the planning background for the project. Mr. Lutz then explained the history and resource evaluation of the site,.which went into the design being presented. Mr. Jellison then gave a presentation dealing with the tax effects of the project,. evaluation of the agricultural and timber. potential of the area, :indicated that the site had been used for approximately 40.year.s.as a dairy farm and for approximately the last 20 years as low grade pasture land, indicated that the developmen.t.wou`ld relieve- pressure .on..some other areas. ofmore _product.1ve timberland and. indicated a significant.bas.is of need for the development in light of the .shortage. for quality..residential subdivision in the .area that would qualify for local financing. Bernard Lund,, a ne.ighbor.of.the area for 4-5 .years Located south- west of this site, indicated that he had seen the area being 0irrigated and apparently the site supported 75-80 head of cattle as part of the C l ay.poo.L Dairy Farm. John Heberling, attorney at law,'representing Mrs. Alice Sowerwine and.a citizens.group being formed to oppose the development, introducedhimself and indicated that he had several questions that he:w.ou`.ld like to ask, but in light of the number of people in.attendance relinquished the floor unti.11ater date. Vic Loh.n, an'adjacent landowner north of the development, :indicated that he had looked at the. plans and discussed the plans with the developer and had no objections and felt that the development.was a very desirable project. Mrs W. C. Peterson, an adjacent landowner to the site, indicated that this was good agricultural land and should not be developed. She.indicated that .in the.no.t.too distant past water wells. in the area had gone dry.and was-:int.e.rested in what effect this development would have on her water system. She also questioned the number..:of..septic.systems to be placed in the proposed subdivision and what effect these would have on Ashley Creek. She also f:e.Lt that land -values on her property would depreciate due to development of the site.' President Haarr then asked for an explanation on the water system. Dean Jellison stated .that there are state laws relative`t.o water rights. That the water system would have 0 to be designed in accordance with the State Dept. of Health water system .requirements and that, the evaluation on the deep acquifer..would have to -be made by the State Dept. of Health. 2. Gary Rose stated that water righ.ts.must be filed for before a first in time, first in right is established. Richard Lennish, located southwest of the site, questioned the stability of the soils and that the number of homesites proposed could have adverse affects on Ashley Creek from surface runoff and subsurface sewage disposal. He indicated that the limitations on the soils must be clarified and stated that the view from his home would directly at this site. Bernard Lund,.who puts up hay on his property, indicated that the area immediately below the hill from his septic tank drainfield produces a better hay crop because of the sewage seep and asked what the possibilities were with Hartt Hill Estates tying into the city sewer system. Dean Jellison indicated that the -d_,stance to the city services was approximately Z mile and indicated that hooking into the city system would be a very expensive project and at the present time they questioned the city's ability to .handle the additional affluent. Mrs. Lennish questioned the method and location of designating park Duane Bitney and Jim Thompson explained that a Master Plan is being developed by the County Park Board to determine the most suitable areas for park use on Ashley Creek and that eventually park requirements will be met in later phases of the development. Fred Lehmann,.an adjacent landowner, was concerned about the park and what effect it would have on his land to the west. Mr. Bozars indicated that the number of people proposed for this development would ruin the park before it had a chance to be planned and indicated that the effect of septic tanks on Ashley Creek would ruin the creek and also indicated that there were deer in the area, pheasants, ducks and blue herron. Duane Bitney, Walt Griffin and Dean Jellison spent the next few minutes discussing the park board plans and the involvement of the park board ownership on the Burlington Northern right-of-way which made.up. the south boundary of the proposed subdivision. Dale Haarr brought out that the question of park action could be clarified in conditions for approval with regards to the Board's action. Rod Bozath, who has lived w.ithin a z mile west of the site since 19,46 stated that in ,1946 he could see two homes from his house and now see 17. He also indicated that the area is good farm land and has been for 40 years and at one time supported over 100 cows. He indicated that the area did support a dai.ry for many years and still could. Mrs.'Lund questioned the ability of one well to serve 70 homes. .Another lady stated that depth to water was between 400'- 12001. Mr. Rose indicated that one well could be developed to serve the entire subdivision. Bernard Lund indicated that each home would require approximately 3• t 250 gal. per day and what would happen to the ground water when additional -,water was required to water lawns and landscaping, etc. Garman'Meadows and Jim Thompson at this point mentioned that before proceedings went any further they should notify the pub] ic that they would be abstaining, due to conflicts of interest. Walt Giffin questioned the access points onto the highway and indicated that previous statements have been received from the Smith Valley Volunteer Fire Dept. requiring certain amenities to be hooked into the water system for fire fighting purposes. Brought up for question was the relationship to the effects on the natural environment indicating the soil limitations of the soils involved in the site which indicated the possibility of potential California slide situation happening on this development. Ray Lybeck spoke on the productivity of the land indicating that he had been an acquaintance of the developer for many years and that the land had indeed supported a large dairy herd at time. Jim Thompson and Bruce Lutz discussed the soils limitations as outlined in the Soil Conservation Service Soil Survey and indicated that those limiations had been considered when the design,was.drawn up. Other alternatives had been discussed but it was the feeling of the designers that other types of developmentwerenot the best for the site. 0 John Heberling, Attorney with McGarvey Law Firm, addressed the Board and sited overall apparent violations of State Statute, County Subdivision Regulations, Water Quality Regulations. The i terns mentioned by Mr. Hebert ing are 1 isted as follows but,not necessarily in this order: 1. Om.issions to prominent features on a preliminary plat 2. Omissions in the Environmental Assessment in Sections 3. Inadequate soils information 4. Community Impact Report 5• Lack of park area within the preliminary plat some of which are also required in the Subdivision Regulations 6. Lack of adequate evaluation of the alternatives which should be addressed as part of the environmental assessment 7. Information from State Dept. of Health and Environmental Sciences Regulations 8. Indicated that there was no information on the part of developer or in the Staff Report with regards to seismic activity in the area and inconsistencies with the developer's design and health requirements with 4. regards to soils limitations. 2nd Addition to Lapp Addition to Evergreen. (Continuation) J.E.Mohn ee/4-10-78 Mr. Heberling's inquiries lasted from 9:35 p.m. until 11:40 p.m., at which time Walt Griffin moved that the Board recommend preliminary approval of Hartt Hill Estates as per the conditions noted in the attached letter, motion seconded by Dorothy Garvin: Motion carried with four in favor, two against and two abstaining. (See Mr. Heberling's letter attached herewith) Jim Mohn presented the amended plan as recommended by the Planning Board, which provide for 8 single family lots with a through street which would connect Forest Drive with East Evergreen Drive. Following limited discussion with area landowners and members of the Board which dealt with the need for park and possible objections width the through road, Jim Thompson moved that the Board recommend preliminary approval of the amended plat of Lapp Addition with the following conditions: 1. That all the water and sewer systems be approved by the State Dept. of Health and Environmental Sciences and County Sanitarian, 2. that the roads be built to County standards, and 3. that cash -in -lieu of park land be accepted. Motion was seconded by Garmen Meadows: motion carried unanimously. Being no further business, the meeting adjourned at 12:35 a.m. Dale Haarr, President Garmen Meadows, Secr. 5.