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06-27-786-27-78 A regular meeting of the Kalispell City -,County Planning Board was `.held Tuesday, June 27, 1978 at 7:30 p.m. in the Flathead County Courthouse East Community Room, 723 5th. Avenue East, Kalispell, Montana. /;Members Present: Others Present: /,Dale.W. Haarr 1 APO Staff Representative James J. Thompson James E. Mohn W. J. Lupton 34 Guests %Dorothy Garvin 'Fran 011endike Walter A. Griffin :Ray Lybeck >President Dale Haarr called the meeting of the Kalispell :/.City -County Planning Board together at 7:45 p.m. No Minutes for:. President Haarr advised that the Board would go right Approval. into the meeting of the Planning Board, being that there were no minutes to submit for approval. President Haarr outlined the procedures for conducting the public hearings, and proceeded to explain the -formation of the Board along with the procedures J involving Staff's involvement and then explained that after the presentation of the proposal,testimony from the proponents and then the opponents, and finally a Ique-stion and answer period without, hopefully, too much repetition. Public Hearing::. Jim Mohn explained that the primary changes over the Hartt Hill original submittal was overall density and the fact that Estates. the development now proposed to connect with city sewer services. The original development was for 71 lots of approximately l acre in size and the development now comprised 116 lots ranging from 14,000 to 22,000 sq. ft., with the balance of the development site being set ;aside either for park space or buffer, to separate the individual residential lots from the highway from adjacent parcels and as buffer along portions of the Burlington Northern roadbed. The overall density is approximately 2 d.u,p.a. park space comprised 212 acres and the Park Board endorsed the park concept earlier this month with the under-. standing that the park and buffer strip would be deeded to.the Park Dept. with the Homeowners Association being formed within the sub division for administrative purposes on thos park grounds. The primary objections represented the instability of the site as far as residential construction, roadways and question of soil capability of handling onsite sewage disposal. Jim Mohn stated that the developers had reviewed the overall plan and taken soil tests and that the soil stability is capable of handling the sewage providing that the sewage disposal would be handled by the City of.Kalispell under a special sewer district. 1. The question of highway access was also brought up and the number of access points are the same, one at the east end and one at the west end, which have been moved to allow for more adequate sight distance. The eastern most access has been moved approximately 500' and '"` the western most access has been moved approximately 200' further west than it's original site. Jim Mohn then.proceeded to read the Highway Department comments which dealt with approach distance concerning the intersection and indicated that it has 1,450' sight distance to the west, 1,2.50' to the east and 1,150' to the west. Also indicated was that the vertical curb between the two approaches of 860' sight distance and noted that 1,039' is a desirable distance at 50 m.p.h. They estimated 696 vehicle trips per day in and out, which is relatively more than the survey of a week ago. The state uses approximately 6 v.t.p.d. as a base, whereas the Staff uses 8. More traffic would raise traffic accidents, which could be prevented by constructing four lanes from the city and using a left hand turn lane. They also indicated that there was not much likelihood of monies being appropriated for reconstruction of Hwy 2 in the near future. Also indicated that acceleration and decceleration lanes maybe necessary after completion of the development. Jim then proceeded to read the I. Design Evaluation from the Staff Report. The Proposal would meet eit erthe R-3 or R-2 PUD zoning. The existing Hartt Hill site just north is equivalent to an R-2 Zone, The Staff was willing to approve a higher overall density if engineering characteristics permitted. Jim stated that based on the land use history of the site and the surrounding residential developments to the north and west, the development is not out of character. The Staff recommended approved based on: 1. That all water and sewer systems be approved by the State Dept. of Health and Environmental Sciences and the City of Kalispell, 2. that roads be built to a minimum of county standards as directed by the'Board of County Commissioners noting that the developers have indicated a desire to build to city street standards, 3. that all road construction, cuts and fill be back sloped and revegetated as outlined in Sec. f and g. of the Protective Covenants of Hartt Hill Estates, 4. that the developer strongly consider zoning for this area in accordance with Flathead County Zoning Regulations as each Phase of the development is submitted for formal approval. Jim also discussed the letter from Alice Sowerwine, copies of which had been transmitted to the Board members and can be found in the proposal, Jim also 2. stated that President Haarr had received a letter from Mr. Frederick F. Sherwood of McGarvey, Lence and Heberling, acting as Council for Ms. Sowerwine. There was also an outlined from Mr. Heberling presented to the Board of County Commissioners, and to the Planning Board, which dealt with the fact no attempt had been made to comply with the majority of the state statutes and regulations, involving permission to be obtained prior to considering attaching a sewer system, a discussion of a feasibility of a hook-up with another sewer system, does not discuss the cost or evidence of such tie, and felt that it should be tabled till it met the require- ments of the law. Jim advised that the Board received a complete set of Covenants, Environmental Assessment and other pertinent data. A correction to the Staff Report should indicate that under E.l.g. - hook-up with the City of Kalispell sewer system. Dean Jellison represented the developer, called on Bruce Lutz to present the design and reasons for changes, and indicated that,he used -Mr. Heberling's outline as a checklist. Went over the functional aspects and had a soil survey done, whichfindings indicated that there were some limitations, specially septic and specially on Soils VI, with water table between 6 and 12'. Ph level was about 7.8, and not that alkaline, and proceeded to describe the soil compositions and capabilities, which consisted of foundation limits and foundation walls as per drainage, very compact with no slide problems indicated: Plan increased by 40 units and proposed a 38' curb and gutter, which open space can handle 43 runoff on the street and the street can be implemented without exceeding the 6.6% road grade by traversing the slopes instead of running up and down them. The houses were 1600 sq. ft. category with 400 sq. ft.. garage, a more cluster type plan. Implement open space for the site to integrate additional development and incorporate the park. The additional lots will alleviate pressure on the outskirts of the City. Mr. Jellison, stated that the Highway Dept. indicated concern that if the land was dedicated as a park, then (there were legal problems with them taking that property as r/w. Had no objection to deeding that strip along the highway for r/w purposes and that way was not locked in only to be undone by court process and if they decided to extend the highway, they could negotiate a trade or a cash -in -lieu -of. Mr. Jellison also addressed the cost of the sewerage systems as noted in Mr. Heberling's outline and the City had indicated a willingness to accept the proposal and therefore no necessity to address the cost versus septic tanks. President Haarr called on Mr. Sherwood to respond 3. to the proponents of the proposal. Mr. Sherwood pointed out some of the high points of his clients' concern namely: 1. Mr. Sherwood asked that the Board consider Mr. Heberling, Ms. Sowerwine and the Highway Dept. input. 2.The wildlife will be effected not only on the site but on adjacent parcels, 3. Need more information on the acquifer, 4. City sewer was not just merely a simple answer, 5. DCA required a commitment by the City to hook-up prior to action by the Planning Board and/or Governing Body, 6. Agricultural Soils with 50 Acres as #3 and 25 Acres of #4 and fairly good agr-cultural land and will be lost to that if the subdivision goes in, 7. Large.danger of erosion and steps should,be taken to minimize it. Mr. Sherwood feels that the Environmental Assessment is incomplete and do feel that this submittal is an improvement over the first submittal, but felt that the present submittal.was still lacking in some categor- ies, for example, Flathead County Subdivision Regulations, Item 17. contain requirements for Covenants and these Covenants do not meet the problems. 5.1.2.1 No flood hazards evaluations have been made, and Ashley Creek is adjacent. Feels that it does' not present information required to make an informed decision, and until it is complete then the develop- ment should be tabled, or to deny it for the original reasons. President Haarr opened the discussion to the public. Rod Bozarth, 98 W. Springcreek Road, approximately 2 mile west of Ashley Creek, and present a statement by the Homeowners Association with 32 signatures, which included the following 6 objections: 11. It would result in the loss of almost 80 acres of agricultural land that for more than 50 years has helped sustain a major dairy farm. 2. The large well required to furnish water for 116 homes would threaten the water supply and water rights of existing homes adjacent to the site. 3. The proposal for sewage disposal (connection to the Kalispell system) we believe is premature, if not a subterfuge, because the City has made no commitment to allow such a hook-up. It appears to us that the previous plan to utilize individual 4. septic tanks would.have to be used, at least during the first few years of development, with consequent threat of pollution to nearby Ashley Creek and the area along the creek proposed as a County Park. 4. The development would result in additional air pollution from furnaces, fireplaces, barbeques and dust. 5. It would damage the wildlife habitat along Ashley Creek, only about one -quarter mile downslope from the subdivision. This area is now a natural refuge for beavers, white -tail deer; foxes, Great Blue herons, Mallard ducks, pheasants partridge, grouse and many other species. 6. One hundred sixteen houses with the national average of more than two automobiles per family would result in serious traffic problems on US-2 at the access -exit points. Eventually, this development probably would require extension of the four -lane pavement on US-2 from the city limits past Hartt Hill. With necessary right-of-way acquisition, such a project would cost the State in the neighborhood of one million dollars, an additional burden on already over -burdened taxpayers.' Helen Lenish,.lives just across from where the development is -proposed, but not quite adjacent. If the project was to be built then all in the area wish to have it done.right, specially since at the last meeting they discussed the really bad soil problem and now they've come in with a good soil report and adding.more houses on the property. There are deer on the property -.so when it is said there is no wildlife, this is not true. Ashley Creek is from 20 - 30 yards away, but the park is supposed to use it as a wildlife and with that many people and dogs, there won't be any wildlife and as far'as removing this ground from the agricultural category, this has been a productive dairy farm in years past. She felt that the Board had already made up it's mind on the basis of all the adjacent land to the City being turned into residential homes. Also the septic systems were bad and if they were to get city s.ewers,.then this should be put .in writing prior to building. Concerned also with the contour on the map. The area indicated for park was to be on ground without more than 6% slope and this seemed.to have more, and this should be checked over. Dale Haarr indicated that at no time had the group come in with a decision already made. It has been discussed perhaps prior and yet this is the purpose for all the testimony and questions and discussions at the meeting. He stated that they had to make the assumption that it was professionals who were preparing all the material for them at these hearings, and the Board was faced with -approving housing of some; sort in a circle around Kalispell, and took this into consideration, including all the points that are brought up about the area, and of'course people do not want development nextto them either. 5. Mrs. Bozarth felt that the park area should be pro- tected particularly around Ashley Creek, which should be a nature park with animals protected. The homes that were clustered will spoil the view of the Creek, but Peterson's Slough is along there and it could have a nice park walk for hiking and the view, and she presented pictures of cows grazing on the pastureland. She also indicated that if there were adequate countryside within walking distance then a high-rise complex would be the ideal thing. Mrs. W. C. Peterson, resident on Hartt Hill, is having sewer problems, after having the septic cleaned because of drainage problems and high water table. She said that the ground was rocks and stones and was told that part of her problem was because of the heavy snow during the winter, and of course the supply of water, and some of the wells west of the site had gone dry three years previously. Norm Johnson was interested in this subdivision and wondered where the storm runoff would be going. Bruse Lutz indicated there would be a storm sewer along the road, but not completely engineered yet. Norm Johnson indicated that there was a storm drainage run off down into the lower area, which is the park area, and during periods of peak runoff, his backyard floods, so he raised his property level to do away with the problem. President Haarr turned the meeting over to the Board Members for questions. Fran 011endike wished to know what type of contact had been made with the City as to hook-up for the sewage? Also said and questioned whether this was just a vague assumption or had actual contact been made? Paul Stokes, Stahly Engineering, Mr. Bitney, and Mr. Claypool and developer had met with the Sewer and Water Committee, along with councilmen and discussed this at length and the Committee was receptive to the idea and help control the urban sprawl, and by use of the sewer could require utilities to be at city standards and the property owners would waive the right to protest annexation. Fran questioned the contact and Mr. Stokes advised that they had talked to the Sewer and Water Committee. Fran did state that there was nothing specific about the commitment though and Mr. Jellison indicated that no contract had been signed, but had no objection to have the approval conditioned on City hook-up and he anticipated no problems. Jim Thompson stated that first, the developer needed land use approval and then came the technical problem solution. Mr. Bitney indicated that this had happened before. The idea was to make it as nice an area as possible, and if starting an area it should be started right and 6. C) and didn't feel it was necesary to spend a lot of time on the sewage problem at this time but it should be left as a condition to be explored. Mr. Griffin indicated that this was a subject of discussion and there were other councilmen who were not aware of the request, but the general feelings were that there wouldn't be any problems, but no guarantees were made. It was a reasonable concept and there was a 201 study that would spell out some of the problems in and around Kalispell, which should help.and pointed out what steps to be taken in the future. He also indicated that it had not been to a full meeting or under full discussion. Norm Johnson wished to know who paid the cost of the sewer extension and.did the taxpayers pay, and Fran indicated it would probably be done under an SID. Walt Griffin stated that those fees would have to be paid by the developer and once again, without expense to the taxpayers and paying so much -per gallon as to what is an -equitable charge. The.plant has a considerable amount of capacity and can handle this type of development and many more. The fees that would be paid for the connection should cover whatever improvements might be a problem. Mrs. Lenish wished to know if they could build houses with septics if the city hook-up didn't go through? Fran indicated that she had asked that question earlier and they stated that they would stop develop- ment. The Board advised that the recommendation for city hook-up for sewers would be contingent on the condition for approval. Bruce'Lutz indicated that the lots were sized to 1 Acres to take on individual septic systems and were sized down because that space was no.longer required for septic systems. Dale Haarr indicated that in the Staff Report, the first condition'under the Summary Remarks was that approval of the proposal was contingent on the condition that the approval of the sewer and water systems was met. Fran indicated that as long.as there was problems with water, that perhaps they should also request city water along with city sewer. Mr. Haarr asked Mr. Jellison if this had.been considered and Mr. Jellison indicated that it had been considered, but not seriously because of the feasibility of cost and the fact that there is adequate water on the property. In order to put in a well:., he indicated, you had to comply with the State Dept. of Health and Environmental Sciences, and supply as well as use was all investigated too. He then explained that the primary rule was that he who is there first has the.first rights to the water and then anyone who comes later, and that is the rule that is applied as far as water systems was concerned. 7. He also said that these technical problems had to be solved with the State but basically under the law there was a remedy. Dale Haarr advised that the Department of Environmental Sciences would be involved with the water portion and the City of Kalispell with the sewer. B. J. Lupton asked Jim Mohn for some technical data to be submitted strictly for the audience information as to the date of the Flathead County Comprehensive Plan, which was adopted in March, 1978 and the Kalispell Plan which was adopted in September, 1975, and he wished to know whether it was directed to this particular area and Jim indicated that only wherein it included the Kalispell section of the plan. The recommended use for the area was agricultural or silvi- cultural. President Haarr indicated that Mr. Bozarth had listed 6 specific areas, which he felt should be addressed, two of which were the wells and sewage, and should look at the agricultural loss of so much area. Mr. Jellison indicated that Mr. Claypool was present to answer any questions involving the proposal. Mr.Jellison indicated that there was only a small portion that had ever been cultivated and the balance had been in pastureland, which has not been particularly productive and the soil probably would be, if it were flat instead of being on the side of a hill. Mrs. Lenish indicated that property next to hers was being cultivated and it was the same type of land, and was now planted with barley. Mr. Lutz indicated that he traversed that slope area and it was full of rocks. The Board was advised that it had not been cultivated in 50 years due to rocks. Mr. Bozarth indicated that he had a friend on the AG Board who asked him to ask the Board why they were even considering this for a subdivision because it was good productive agricultural ground. President Haarr indicated that what they were trying to do was eliminate the spot developments throughout the county and the idea was to fill up.,the 32 mile area around the city with residential and with the present demand, some: of ..them ,do have'to go';on .s:ome agricultural land and even if it falls within the 32 miles of the Kalispell jurisdiction, and in a few years possibly another 32 mile limit will be set. Walt Griffin stated that the agricultural capabilities were rated on a scale of 1 -. 8C1ass 1 being the best and Class 8 the poorest. The Staff Report stated that 26 Acres were Class VI, 41 Acres was in the Class IV and 9 Acres were Class II, and he questioned where those might fall and wished to know where the 9 Acres of Class II soil lay, to which Mr. Claypool responded by sa ing down in the bottom in 8. the park area. President Haarr said when you make a proposal that is near the city and you really want to save agricultural land, it should really be further out from the city. \ Ray Lyb eck was questioned after a meeting, he said, why a development was turned down out in Evergreen and it should be to get the people in first and then put in the facilities and he said a lot of the agriculture,.in the valley is going on the occasional sale and the breaking up of agricultural ground into. twenties via the occasional sale. Mrs. Peterson wished to know if any of the ground was in alfalfa and was advised that it was only in native grass. Mr. Bozarth wished to know if the Board intended to turn down any proposed subdivisions which fell within the agricultural areas of.the 32 miles of the Kalispell jurisdiction? President Haarr advised that they have turned some down within the last four or five years. Mr. Bozarth's point as to air pollution was responded to by Deana Jellison who indicated that dust, driveways fire places, etc. was natural but indicated that the 'dust due to unpaved streets, largest air pollutant was so the only ones to not be paved would be the driveways. Jim advised that nothing had been received from the Fishand Game and that he had requested additional data from Jim Cross and someone had been expected to attend this -meeting. He also indicated that there were pheasant, grouse, etc. and this was all in the areas designated as the park area and the preservation of the creek would be addressed through the Conservation District. President Haarr stated that traffic as far as v.t.p.d. might possibly require four lanes and may wish to have the developer leave the right-of-way for highway expansion. The highway department would issue the approach -permits for this area. Walt questioned the preliminary stage of storm drainage, which had been previously discussed and the outfall would be' an expensive venture particularly with the disposition of the excess water from such a large area. He also discussed zoning and what the developer was strongly considering, as each phase was submitted, and it all had conflicts with regards to.lot sizes and utilities and didn't fit the P.U.D., but perhaps in the final stage it would. For single family in the current R-1-2-3-4 by. lot sizes it would have to be an R-3 and it would have to have water and this development wouldn't, and if you.put it into a higher zone then you run into lot size, whichis beyond sewer and water of 20,000 sq. ft. minimum. Walt also said that when you to to a P.U.D. you have to present a proposal that denotes 9. type, physical features, etc. so perhaps should recommend that it be in the P.U.D., but make sure that all the requirements are met, before final approval. Jim Thompson said it would either be that or a community system. He believed that what was being proposed is a central water and sewer system rather than individual systems. Walt then defined public services as interpeted by law, as well as defined public service water commission. Discussed was the number of individuals that could use a community water system, charge of a fee and utility maintenance, with the understanding that only ten can be on this type of system, or it falls within the jurisdiction of the public service water commission and was a marginal system as set up for approval by the State Department of Health, and required a rate structure, consumers participation, etc. No. 4 condition, Walt Griffin, felt that it should specify the zoning and a recommended R-4 because of the conflicts of the utilities and lot size. Also that R-2 was what the district was north of the highway. Jim Thompson questioned as to whether R-3 would not be a better zone as it met the minimum requirements and the only thing that would have to be satisfied with this would be the water system. R-3 without the PUD. Jim Thompson didn't believe that the PUD would be right for a single family. The Board then completely discussed the pros and cons and the fact that R-3 was 9,600 sq. ft. with the normal requirement for public utilities. Jim Thompson didn't feel it was laid out to be a PUD. Questioned also was whether it should be left at R-3 for the time being, to which the rest of the Board agreed it should remain so. The Board felt that perhaps one should strike the condition pertaining to City of Kalispell water and sewer system, at least at the present time, because the city would like to look at the water system at the anticipation of possibly annexing at some time in the future to make sure the water system was up to city standards. Notations should be made for fire protection, included in the water sytem approval, including standard fire hydrants and questioned was the compatibility of the Smith Valley Fire Departments adaptibility to the city's utilities, and vice versa. The Board questioned Mr. Sherwood with regards to the Covenants. Walt Griffin wished to know if the park would be a homeowners association park. Walt was advised that the park would be at least deeded to the County Park Dept. including the greenbelt area, and the association would maintain it so long as it did not conflict with the provisions of thePark Board, default in payment to the association would act as liens against the property involved.. The Board was adivsed there was no common property., but all park. 3.2.17 of the Covenants was deemed as not applicable, as the ownership 10. will be the County Park Board and Homeowners Assoc. funding will be the maintenance, with the idea of tying into the Ashley Creek Master Plan and this is the purpose for the control. Mrs. Bozarth wondered whether the park could be traded for other ground and then people could build houses on that piece but was advised that wasn't possible, and a right-of-way was what was being considered as part of this. Questioned also was if the property were annexed would it be city park land or stay county park land? Legal title would be in the County, surrouneded by the city, unzoned open space owned by the County and Jim Mohn used the Courthouse as an example, and it could be exchanged. Walt Griffin.stated that the park land be deeded to the County Park Board with a maintenance agreemtn with the park board and homeowners association for mowing, weed control, etc., so this would be Condition No. 7 explaining what is happening to the park including the greenbelt area, etc. Walt Griffin stated that No. 6 should show that the fire protection should be approved by the City of Kalispell anal Smith Valley Fire District to insure that both area aware that the facilities are available for use by both. Walt Griffin.changed No. 4 to read that the developers consider zoning this atea.R-3. 'Dorothy Garvin felt that the developer should deed instead of dedicate that property by the highway. Walt said it was all parkland and he did say deed. Dorothy Garvin felt that No. 2 Condition was sort of a conflict and Walt Griffin stated that they were going to build to the minimum city standards so therefore this could be a conflict as the county standards did not include curbs and gutters. Walt wished to know if they wanted to enforce that. Fran 011endike felt that if they were going to get city sewer and water they would be annexing someday and then.No. 2 should be 'changed that all roads be built according to city standards which are 38' curb to curb, paved with curb and gutters. Walt Griffin moved that the Kalispell City -County Planning Board recommend to the Board of County Commissioners of Flathead County that the preliminary plat of Hartt Hill Estates be approved with the following conditions: 1. That all water, sewer and storm drainage be approved by the State Dept. of Health and Environmental Sciences and the:City of Kalispell, 2. that all roads be built to city standards as directed by the City of Kalispell which are 38' paved surfaces, 11. 3. that all road construction cuts and fill be back sloped and revegetated, as outlined in Sec. f and g. of the Covenants for Hartt Hill Estates 4. that developers consider this area for R-3 zoning, 5. that the final approval be contingent upon agreement with the city for connection with municipal sewer systems 6. that the fire protection facilities be approved by the City of Kalispell and the Smith Valley VolunteerFire Dept., and 7. that the park land be deeded to the County Park Board with a maintenance agreement with the Park Board and Homeowners Association jointly control weed control, etc. Fran 011endike seconded the motion; Walt Griffin called attention to the fact that the Board should include the Covenants; Fran 011endike withdrew her seconding of the motion, and yalt Griffin added: 8. that the Covenants are filed along with the propertyi to reinforce the above mentioned conditions for the protection and endorsement of the Homeowners Association as outlined in the Covenants, or that 8. the Protective Covenants, as presented, be filed along with the final plat, and that the Homeowners Association responsibilities are clearly outlined, within the Covenants. The Attorney stated that they could make changes in them if it were not stated that as submitted for Jim and the Board's approval, but Walt Griffin said perhaps changes should be made and these then should be made to the City and then filed with the plat and if there were any changes it should be so noted at the Commissioners' Office. Fran 011endike seconded the motion. President Haarr called on Mrs. Peterson who questioned whether they would include any provision that the Commissioners would not accept. The City of Kalispell currently was currently wishing to be a part of the Covenants so as that there was no problems with the owners or developers changing the Covenants at will and making different changes in these Covenants that would change the development of the land. Walt Griffin said that the Commissioners did not i wish to be a part and party to the changes in the conditions of the Covenants and that any amendment should be 60% of the property owners and the County did not want to be a part of that group. The Commissioners say if 60% want the change OK and the 12. i City says no way they want the opportunity to look at it to be: sure that there is no conflicts. Walt Griffin restated No. 8. President Haarr called for the question and the motion was ,carried, with one abstention. Public Hearing: President.,Haarr stated that the public hearing for Buffalo Head Addn. Buffalo Head Addn to Kalispell was now open and once to Kalispell. again repeated his request that comments be kept to a minimum without repetition and that the same procedures would hold for this hearing. Jim Mohn indicated that the Parkview Terrace Home- owners Association architectural Staff had one meeting and Jim did send out a copy of the major portion of the report to one of the members of that Committee. Jim pointed out that one of the things that this proposal did do was meet the density for the area, inclusive of the church and park site it was 4.6 d.u.p.a.,`which was well under the recommended maximum of 6 d.u.p.a. Jim made a statement with respects to density in the Parkview Terrace and pointed out that the 4.4 d.u.p.a. was assuming that the current vacant lots in Parkview Terrace would be single family. Jim then reiterated the design evaluation and then proceeded to read that portion that dealt with the concept approaches in that the Planned Unit.Development provided for the single family and multi -family st-xuctIure� incorporating a minimum amount of hard surface area but provided through street and four loop access streets. He defined the approaches and widths, fire protection, turning radius, potential walkways, pedestrian access to park and then went on to read the J. Land Use Evaluation. %\ Jim Mohn indicated that under III.. UMMARY REMARKS he would like to note one conflict that dealt primarily with local access -streets that were being proposed for the development and the fact that these access streets and their surface widths are not accommodated in the Street Design Section .of the Subdivision Regulations and in SEc. 5.2.9. This Board would have to consider a variance from these regulations before acting on the project. Jim indicated that the Staff recommended approval of the Buffalo Head Subdivision subject to the following conditions: (as applied to the plan presented); 1. that all water and sewer systems be approved by the State Dept. of Health and City of Kalispell, 2. that the developer limit the units within the existing plan to single,family detached and single family townhouse units in the design concept as submitted, and petition the City for an R-4 PUD . zone in accordance with the new city ordinance, 13. 3. that in addition to the Covenants submitted, the developer prepare for recording homeowners documents to provide for exterior maintenance of grounds, open space, structures, private roadways and garbage collection, and 4. that the design of intersections and turning radius on private roadways be coordinated with the Kalispell Fire Dept. to facilitate equipment. Jim Mohn stated that there were a couple of other items which were given to him verbally during the evening. with regards to storm drainage and also received the Hartt Hill letter from the Highway Dept., a supplement with respects to this one stating; - The proposed access being Grandview Drive or Grandview Lane, which approaches Hwy 93 North, indicates that sight distance itself back toward town is 2,100' and of course.sight distance to the north is unlimited. They estimate 552 v.t.p.d. to be generated from the development and note that a four lane roadway ends at the entrance to Parkview Terrace and indicate that more traffic will increase the accident frequency. Although sight distance is good, accidentfrequency is high when no left turn bays exist. To lower the accident frequency the four lanes should be extended north past the county road; the(kandview Lane or 4 Mile Drive for a deccleration lane should be provided to the Grandview approach. This site is in a fill area and no r/w would be required, it would mean requiring land from Parkview Terrace where new building is now in progress. Access to Buffalo Head is 1,200' north of the access to Parkview Terrace, where a similar number of trips per day exist. Again it is doubtful that funds will be avail- able in the near future for a four lane in this area. Jim pointed out that in 1969 this Board recorded that the four lane be extended beyond Grandview and 4 Mile Drive intersection. President Haarr asked for a representative for the developer. Bruce Lutze spoke on a land use concept for the future, closely at fringe development, capabilities, efficiency, and land use fit. He indicated it was similar to Hartt Hill, looking at the land layout, included the soil data from SCS and soils limitations would be Kg area, and has some restraints on frost-. heave potential, and road bed would be critical factor and could be -adjusted accordingly. The site has a very good slope, side and grade wise and does not exceed 10%. Surface drainage has natural outfall into the lowland or riverbed. Existing land uses are Parkview Terrace basic single interspersed with multi -family, 2 acre lot is pastureland and agricultural land, whole site being used as pastureland. Felt that the site had a high capability for development. Density would be no constraint comparing both uses, and using the book "Cost of `Sprawl" 14. as.a basis of efficiency, cost and what kinds of developments for different sites.... weighing single family against multi -family, single family means more roads and serve less units, more utilities, lengthy ): hook-ups, site coverage is greater, etc. more energy consumption, and indicated that multi -family was more units using up less land, less roads, less driveways less utilities, less hook-ups, less energy consumption and because you are concentrating more units on less area have more availability of open space. Single family ismorespread, and containing the fringe to a greater.degree, interested in a cluster type develop ment and multi -family type plan, describing cluster development. On land use it fit for the future and Parkview Terrace takes up a lot of land and explained figures in Kalispell with 99 units covering 27 acres, and 6.5 acres of roadway and also compared several other subdivisions. This proposed development has 92 units. and covered 19 'acres and 7.2 acres of open space with 2 acres of roads. He also indicated that they wanted to conform to some of the land uses of Parkview Terrace. A member of the audience interrupted by stating that there were only one 6 plex and one four plex and the rest was single family. Bruce Lutz asked to continue his presentation before additional comments were made and then he proceeded to 1 explain the layout in detail. He also stated that the J park would be lowland that was not suitable for any type of housing development and which would or could beconnected to other lowland parks such as Lawrence Park. This park.could be rehabilitated with minor investment from the city, similar to Woodland Park. President Haarr asked if the Board had any questions to ask of Mr. Lutz and then opened the hearing up to the rest of the audience. Landowner Pieter Drent, from Parkview Terrace, complimented Mr. Lutz on his presentation, but indicated that one thing remained in his mind and that was that individuals did want single residences, as originally intended, and indicated various single family residences on the map and stated that the City Council changed the single family residence zoning and 300-400 building unitpermits had been issued and rental lists were getting longer every day, but one could not close ones eyes to four plexes and just protect one's interest. Felt that undoubtedly the man who owned the wo acres probably would want.four-plexes in on it too. He did not want to condemn the project, but what about the view of the people living in Parkview and who will maintain the strip of ground, with no money )< available to plan trees and anything. Felt that the four plexes should be looking at single family and therefore it would protect the individual property. Indicated it was hard to sell a single family with four plexes behind it. 15. Questioned to the compatibility of the zone with Parkview Terrace,'indicating that Parkview Terrace should remain the way it was and Mr. Drent also indicated that the schools were none of their concern, but the heavy traffic was and that would affect th ose youngsters attending school who cross through these developments and were also concerned about the lack of access with all traffic funneling through Parkview Terrace. Like the Park but with the backlog in the city, it's development would be a long range thing and in his experience people with small children will not let their youngsters go so far and this park certainly wouldn't help the preschool and school grade children at all. Mr. Drent stated that the greenbelts were beautiful but with no one to maintain them unless the homeowners association did. He was also concerned that if the plan was approved and the church was unable to secure money to build then what happened to that land, it could be all four and six plexes. He stated that the covenants were no more binding than those in Parkview Terrace. He also said that there definitely was a problem with the drainage field and sewers and if you were going to put in 92 units, the city better take a good look at it. President Haarr indicated that better than 50% of the objections were now lined up. Stan Pine,representing the developers, responded to some of the comments made by Mr. Drent and indicated facts, showing those port!'ons on the map next to the four plex and indicated that those properties were also owned and so therefore they could control what went in there. He said the entire purpose for the lots was to provide a buffer .for the subdivision and they would be the ones that would be vastly affected because they owned them. As for rentals and no demand, these homes were not designed to be rental units, but were for sale. He said they were priced within the range for a single family ownership. As for the view, according to the contour relatively flat, which are single family single story houses there wasn't much of anything that won't block the view. Mr. Pine indicated that one of the major reasons with going for cluster was to provide more open space. He then addressed the traffic and accesses and stated that there was a strong desire to have Evergreen Drive go on through and of course this is determined by priorities. With respect to parks, the Covenants show that the greenbelt will be maintained by the homeowners association, a legal entity corporation, and through monthly dues and presently the city regulations do not take in densities of 25 d.u.p.a, and park requirement is still to dedicate 1/9th and you still have the same amount,of land with a higher density and that is why they dedicated more land and it should be an asset, as it is'a natural,park site. 16. Mr. Pine wished to know whether Mr. Drent meant that the city would consider taking money in place of the land, but doubted it, and of course didn't know about the development of the park. Mr. Pine felt that the people in Parkview Terrace were justified in questioning the Covenants because theirs were all amended, showing the natural financial flow. To protect individuals and the Covenants they would be made a part and parcel with all the landowners and an attorney. As to the sewer and water, have been advised that the capabilities are there and the city engineers will work this out as it gets past the preliminary stage. Dale Haarr said that Mr. Pine addressed the things that Mr. Drent had stressed but wished a comment on the church site. Mr. Pine said that he was on the board of,elders of one of the churches that was interested, as other sites were very expensive. He indicated he was hoping to provide a buffer for Dr. Wilgen on the other side, not the original intent but the way it worked. -out. The R-4 district, which is now a R-1 district but couldn't guarantee a sale till it was consummated. Edward Zeikal, Parkview Terrace, said he understood that the original developer had several who were interested in buying that church site. As for the park, if it were going to be like Woodland, then . they would have all the traffic. Mr. Pine.said the park was for people, not for cars and when asked how you get there, Mr. Pine said you walk. Mr. Pine said he.used the example of Woodland Park because of the atmosphere and similarity. Conversations bantered back and -forth and included the fact that the loopers were not considered as thoroughfare streets, but as access to this park area. All the .loops have separate type parking stalls instead of messing it up with street parking, and the park area has more spaces to accommodate the cars. When the landowner questioned this again, Mr. Pine said each park can only accommodate so many people. It was suggested that perhaps the park parking be eliminated and that way no cars would come into it. President Haarr indicated that they could address the traffic as it related to the park as well as the 'development'. Dr. Wildgen said he would have to answer, as his buffer was .alluded to, and that he lives on a piece the size.of the park with a tennis court and couldn't get Kalispell to even maintain the courts in town. Says he has lived there 17 years and seen it under water about 4 times and would hate to see the courts under water and had an agreement to buy it and has a first option on it and the developer indicated that if so they'd have to work around it as it was a 17 year old document and have their 17. attorney look at it because it was not stated by the individual that they had.bought the land ,from. Obviously they can't annex property they don't own, so will have to resolve that. Apologized for not knowing this, as perhaps he would have a response The Doctor said he was not necessarily against the proposal, and loved it if he has to buy it and make sure things are done right by it, but didn't want to obstruct it, but did think that was an awful lot of people just across the road from him. Dan. Bagman, 323 Harrison Blvd, questioned the lots numbered single or one unit designation, Lot 22, and set for one of the four plexes and said last year when they annexed this piece and proposed multi- family the balance was to be low level housing and would like to see single family housing and Mr. Pine stated that they owned additional lots in the No. 1 District, so unless they get a variance, that will also be single family, and today they can say it is fine and sometime later someone else can change it. He also questioned the grade as being too flat to see over. Pieter Drent called the Board's attention to Sec. 5, Article 2, and quoted: "All lots designed as one dwelling unit shall have no more than one dwelling house located upon it and no lot shall be divided. However, the Architectural Control Committee is authorized to approve exceptions to this section, when in its discretion, such action is considered in the interests of the Owners of the Properties". The way he read it, Mr. Drent said, they are a control board and they can change that any time. He also wished to know why Dr. Wildgen needed a buffer zone. Mr. Pine said he didn't believe it was favoritism, siting the church site, and using it as more of an estate development. Linda Johnson, 310 Harrison Blvd, pointed out in the Covenants, they could change the single family, and they are fine now,to get a variance for a duplex be- cause it is inconceivable for them to resell a single family, so there may never be a single family dwelling out there. Mr. Lutz stated that if you can look at it as a park type development, you then have something totally compatible with this development which is more open space. One of the landowners stated that any duplex on these lots would have to go two stories high, and anyone in a single family couldn't sunbath behind a fence or they could look right down on you. Then discussed was the various places where there was single family and multi -family developments. 18. 1 President Haarr interrupted the discourse and acknowledged the fact that there was a problem with the multi family adjoining the single family, so requested that something else be discussed. � 1 One other landowner questioned if it goes R-4 and the Covenants do not restrict those duplex to less than two stories, and that perhaps there are only a couple providing height requirements, then even if it .is a duplex sprawl it still couldn't protect the view. Jeanne Valanengan, 302 Harrison, had some comments on the park and did see a pheasant and heron and also wished to know what church was interested, and would they buy it or would it be donated? Mr. Pine said it was the Glacier Baptist Church and the second hasn't been decided. She also then wanted to know what Bruce Lutz's position was, and was advised he was Land Planner for Taylor, Thon and Assoc. with a Bachelor and Master's.Degree in Landscape Archi- tecture. Also questioned was the density and Mr. Lutz indicated that he had also spoken on behalf of Hartt Hill and that 1/3 anal 1/2 acre property was the most sought after size. Marilyn Aashim, 274 Farview Drive, questioned the Covenants, too and stated that their Architectural Control Board had not attended a meeting since June 1977 (Parkview Terrace.. Board) , and that they can't meet with the landowners and that their Covenants had been changed. A landowner wished to know if the lots would be sold individually and up to that lot owner to build on them, or was it going to be built on like a look - alike complex? Mr. Pine indicated that the buildings would all have the same uniformity to blend, color, shingles, all natural. The landowner wished to know if he would be building them himself and Mr. Pine advised he had not said that. Someone else might not want it in the syle and color and Mr. Pine said it couldn't be done if he did not approve their plans, and that was the entire purpose of the Covenants. Another landowner wondered whether there was any .solution to catch the storm drainage that periodica115 floods them out and the developer was questioned as to storm water collection and he advised that it was graded to catch that but not,equipped yet to state just what would happen. Jerry Badger, 311 Harrison, formerly lived in a multi -family area and questioned the controls for upkeep, usually rundown and deteriorated. President Haarr advised that they would be individually owned and they'll probably keep them up and advised that the zoning and covenants should control this. Karol Keller stated she didn't get a buffer' and was concerned that the multi -family would turn into 19. rentals and become disasterious.. She indicated that there was nothing legally to control this as they could be bought and rented and was assured they would not be economically feasible to rent. President Haarr requested that the Board start deliberating on some of the items. Fran 011endike said she felt that the chief concern was whether they were going to donate this park or not, and if they don't own it or can attain it. She was advised by Jim Thompson that they own the land but that Mr. Wildgen has the first rights to buy it and that can be resolved he thinks. Walt Griffin felt that it could be set forth as a condition that until the title is clear this ground can't be dedicated. Jim advised that he couldn't even file a subdivision plat without a clear title to any of it. Mr. Griffin reiterated the park problems that had occurred in Parkview Terrace, and he defined the fact that a park requirement was necessary and yet could not put improvements on it. There was some clarification made by Mr. Pine of the park require- ments of the Parkview Terrace and the fact that there was no promise or guarantee that a park would be furnished for the Parkview Terrace. Mr. Pine indicated that the Staff as well as others thought it was an excellent spot for a park and this would have to be resolved by the Park Board. Walt Griffin indicated that should this Park be developed, there wasn't enough parking spaces and Walt also stated that most of the parks are just for the immediate vicinity and unsafe for various reasons. Most parks are not walk in parks, but are geared to the public who drive to for some particular service. Walt agrees that it can be quite an entity as a park, because it is secluded and attractive. President Haarr wished to know if this Park condition should be worked out and be accepted and Walt agreed that you would have to have a condition that the park land be dedicated and all other aspects would have to be worked out because it was not within the Board's expertise. A woman in the audience wished to know how many members of the Board had visited that park site? - and was advised that most of them were aware of it, and that there were some water rights that went along with it. President Haarr wished to know what zone was proposed for the area. Jim Mohn indicated that it should be R-4 PUD, as presented, and the plan would have to follow completely, although Jim indicated that you .would not be able to hold it to a definite concept throughout the project. Walt Griffin d:idn't feel that unless they have a total proposal for a PUD he didn't see how they could recommend this. Jim Mohn indicated that at the final plat stage when zoning would commence a plan could be followed. Walt stated that a PUD has never been presented to the city. Jim•Thompson felt that one would be 20. encumbering the developer and it would be better to zone. it RA-1 and -.stipulate that within that RA-1 the density proposed on each lot, in that you can do the same thing with .an RA-1 as you can with a R-4 PUD, attaching housing,..condominium type to be sold individually, and if sold as townhouses you would have to come in with a division for each lot, to resubdivide each lot into five, seven, whatever. Jim Mohn indicated that he did not believe so, as the drawing indicated the number of units on each parcel, and you couldn't.survey the townhouse till you have the foundation in the ground. Jim Thompson felt that if you could get everyone to accept it, by approving each individual site four-plex building and the.lot that it is actually on, you are approving five parcels, a parcel for each unit and one common parcel, and if this is understood, see no problem with PUD. The city would need a copy of the plat at the time that building permits were issued in order that it conform to the four units and common area on each site. Walt -Griffin disagreed because there was never a PUD presented to the city, but would like to see a good PUD concept, because it requires a proposed layout with a certain scale and densities, plus residential, non-residential, parking, etc., elevation, etc. and hasn't seen one yet and it would .have to be R-2 through R-5 and RA-1 through RA-3 and that is supposed to be all prepared and who will guarantee that.. The Board then discussed the various .conflicts with townhouse concept, densities, etc. with the Covenants not protecting it, and.that the new area would come in R-4.single family and that would protect -it and the zoning designation could not be changed unless you came in for a variance. Walt Griffin stated that the existing other areas can vary. Parkview Terrace was zoned as existing for what land use was there. Jim Mohn indicated that .the R-4 PUD granted moreflexx.ibility. One lot could be dropped and make all the lots 7,200 sq. ft. in order to meet requirements. President Haarr stated that on those lots adjacent to the single family lots there is a willingness of the.developer to make those lots single family and that placing a four.plex adjacent to a single family was not right. Mr. Pine indicated that if one put a single family in there you wouldn't have as much open space for view as you would with the duplex. President Haarr indica- ted that those people who lived on that boundary wished to have a single family home on that boundary. One man from the audience wished to know if Mr. Pine wished to buy.his`house and Pieter Drent's because it couldn't be sold because of the multi -family, and he.was being.transferred and no one would buy it because it -has a multi -family adjacent. President Haarr indicated that was off the subject, 21. and this would need to be considered. Walt Griffin indicated that Mr. Pine would have to get a waiver from a hauler, otherwise you have a pri- vate hauler inside the city, because the subdivisions now need garbage pick-up. Also the fire district would be requiring a waiver should it be annexed to the city, fire accesses from Grandview and Hwy 93, and if there is a fire., the department is going to have to.go a long way to get these, up the highway and turn in at Sunnyview Lane past the hospital or come into Parkview Terrace down Indian Trail -Harrison onto Grandview or onto Grandview past Wildgens to get into the subdivision. It would be hard to make it with no access from Parkview Terrace. Mr. Pine indicated that should Grandview be extended, and with the granting of some land by the Schultz's in the future, and this would be in the Evergreen Fire District. The city fire department would have to address what is the intent for the dead-end property on Harrison Blvd and could resubdivide the other lots, but Walt Griffin reaffirmed that that would be a fire problem. Then completely discussed was various routes. Walt Griffin questioned whether the streets, which are 24' are to be private and was advised they were. Walt wished to know who was to repair them as it was not in the Covenants. Mr. Pine indicated that it was part of the Homeowners Association and was advised that the Covenants did not show this. Walt Griffin felt that Mr. Pine should get ahold of Duane Bitney's Homeowners Association Policy and apply some of those restrictions and specifications. Mr. Pine felt that he had no problems with putting in Covenants and could accommodate this. The conditions for Covenants concerning the park, maintenance, restrictions, etc. was thoroughly discussed, spelling out all these things. Walt Griffin also stressed that perhaps these street widths were totally unacceptable and should really be considered by the city because of the annexation prospects,. Walt stated that it was very difficult to sell private streets to the city council. Jim Thompson indicated that after talking to John Kain, by the time you got all your curb cuts and ensities anyway there was nothing left of the 38' street anyway, so you really need only the 12' driving lanes and felt the city would accept a 24' street with curb and gutter, so that the fire trucks could get through and the developers should be happy to dedicate that type of street, in a multi -family cluster development where there was no place to park anyway. Walt felt' that the multi -family should have more than 6 spaces and those would yet to be provided on the site, and Mr. Pine indicated there should be more than enough and Walt Griffin said there should be a 22. restriction in the Covenants against parking boats, mobile homes, etc. Pieter Drent indicated that the snow that was had last winter was a big problem, specially on the narrow streets. Mr. Pine said under the homeowners association that front end loaders would be used and if`the streets are dedicated then the city would have to take care of snow removal and maintenance. One of the landowners felt that if the 38' streets were cut down, it would be hazardous because youngsters do play on them and Jim Thompson indicated that there would be more open space.. Mr. Pine said that the basic concept was to have streets that did not entice people to°drive up through them and that there was no guarantee in any subdivision that children won't play in the streets, but that this could be put into the homeowners association rules. Walt Griffin indicated that he liked the Hartt Hill Covenants, which completely spelled out all the responsibilities... Walt also felt that there is always something missing or something that is changed when it comes up before the city council unless it is,really spelled out. President Haarr indicated that based on what he had heard so far he would entertain a motion to -table the proposal, with regards to problems involving the park,°sewer and water,.'streets, row of single family adjoining multi -family, garbage, fire protection, and snow removal and,felt that Jim and the developer should have some time to address some of the problems Mr. Pine said that they had spent several thousand dollars even going to experts and it seemed ironic that when a person mentioned the word multi, it brought down the wrath, because of things done in the past and all these points brought up were important and he would attempt to resolve them, but the only that really was of importance was addressed and that was the homeowners association which was not noted in the Covenants. Didn't know what could be accomplished within the next few weeks that could change any of this. Walt Griffin restated some of the points that he made previously, and felt the proposal needed work, on such things as the park, the streets as they related to annexation, and the new concepts which have to be sold to the city council, who are the people who have to look at it. He indicated that the Covenants were wide open, specially if you came to the PUD, which would hold you to the amount of units, whereas this does not, and have the homeowners association spell out specific things and the three main areas involving drainage, sewers, etc. can be taken care of. Walt indicated that they did use the Subdivision Checklist and prepared his own comments and questions and did not feel that the article which had come out.in the newspaper was what 23, ee/8-28-78 was intended nor did it bias any decisions, made by the Board. Walt indicated that he was upset by the fact that he had been misquoted in saying he denied this proposal and felt no feelings about the general comments from the people at the meeting, and didn't feel that they had done any damage although Mr. Lutz felt that the damage had already been done. Ray Lybeck moved that the proposal be tabled until the items, which have been mentioned, are considered and presented back to the Board in two weeks on July 11, 1978, as he didn't feel prepared to make a decision on what he had heard this evening. Dorothy Garvin seconded the motion; motion was carried with one abstention and one opposed. President Haarr did not feel that the Board was biased because he didn't feel that the newspaper articles in anyway colored the situation. President Haarr felt that most of the comments were in favor of the concept except for some small concessions, which he did not feel were unreasonable. One of the individuals from the audience, Mr. Johnson, felt that with all these types of comments, perhaps the Staff should take into consideration how to help the developers overcome the problems from the various areas. Mr. Johnson was advised that there. - was hardly a meeting that came up that something didn't come up and if it were all cut and dried there wouldn't be any need for the Board or their decisions. The meeting was adjourned at 10:45 p.m. President, Dale W. Haarr Secr. 24. We, the undersigned, members of the Kalispell City County Planning Board, do hereby waive notice of meeting and consent that a meeting of the Baord be held on Tuesday, June 27, 1978 at 7:30 PM at the - Courthouse East, 723 5th. Ave. East, Kalispell, Montana.