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06/25/07 Nevas to Council/StarlingMARC L. NEVAS 1475 West Reserve Drive Kalispell, MT 59901 406-756-2332 June 25, 2007 Honorable Mayor and Council of the City of Kalispell c/o City Planning Dept. 17 2nd St. East, Suite 211 Kalispell, MT 59901 Dear Mayor Kennedy and Councilors: My name is Marc Nevas and I am one of the neighbors situated directly north of the proposed Starling Development. This is a very stable neighborhood of long term residents with residencies of up to 25 years at this location. We witness the city rapidly approach us and now reach us and go beyond the neighborhood. We watch this occurring with a sense of alarm, not that the city is growing, but that it is being done with no thought or consideration to those who currently live here and paid our taxes to support the community for many years. And as Mr. Horne has pointed out it is about to be done with no consideration to the goals and policies in the Kalispell Growth policy. Specifically the neighbors whose quality of life and values of our homes are profoundly impacted are being effectively shut out of the process. As taxpayers and citizens do we not have a right to participate in the democratic process we support? On June 21 st Jay Donelly of the Aspen Group was quoted in the Interlake regarding a 150 unit project the Aspen Group is starting in Whitefish. In a prepared statement he said "As we develop our plan we will be speaking with the neighbors. The input of the community and respect to the surrounding area is an integral part of our considerations as we fine tune the designs for the site." However the Aspen group has not taken this approach on the 3,000 unit plus 60 acres of commercial development called Starling in front of you tonight. The approach taken for tonight's hearing was summed up in the Interlake article on the Planning hearing on May 24th. The Article stated "(Greg) Stratton said the Aspen Group sometimes discusses plans in advance with neighbors and sometimes does not —with the firm choosing not to in this case." And neither has the Planning department followed the guidelines in your Growth Policy document. It did not follow the guidelines that say "Seek ways to provide avenues for greater public participation in the development review process... and providing the opportunity for meaningful public involvement. " So upon receiving a phone call in mid May from one of my neighbors I duly took myself down to the Planning office to see what this is all about. Holy cow! I had attended a small presentation some months ago that was made to the Planning board so I know something was coming sometime, but how in the world can I or my neighbors digest and comment on a submittal of this size encompassing a zone change, a PUD and a Plat approval on 15 days notice with only one copy available from 9 to 5 in the Planning office! I myself am a career real estate person. I have owned my own real estate company for 25 years and I have developed condos, offices, retail and subdivisions so I have a head start on my neighbors in terms of dealing with this, but the massiveness and speed with which this was delivered, with only a fraction of it available on the Planning web site effectively shuts me and my neighbors out of the planning process. I want to make it clear that what you have in front of you has absolutely nothing of the neighbors input in it. Our opinions were not solicited and when we gave our opinions at the Planning Board Public Hearing our concerns were not even discussed before making a hasty decision on the largest development project in Kalispell's history. In the past two weeks we have met with the developers twice at their invitation. They have offered to hear our input on color palettes for the houses and limitation of uses on the commercial, but have shown no inclination to budge on the issues that concern us the most such as overall density, location of commercial uses adjacent to our existing residential uses and location of the smallest lots rather than the largest lots adjacent to our homes. We are given a chance to see what their colors are but not give valuable input on how the development can diminish it's impact on existing neighboring land owners. We have not come here to stop the development, only to ask for small but extremely meaningful and important changes. It was planned as if neighbors do not exist, but we do and we are here in flesh and blood to tell you that. Because we exist the Northeastern part of the development should reflect our existence, but it does not. It puts commercial next to residential and small city homes on tiny lots next to rural style homes on rural lots. And the density does not reflect that the development is in a suburban location, not urban. The potential of a delay in the project in order to adjust it is a developer created hardship. If the developer had taken the approach he states he is committed to in Whitefish and heeded our concerns we would not even be in front of you tonight. But neither he nor the Planning Board have made the process of approving Kalispell's largest development project ever in any way a public access process. The letter of the law has been followed, but not it's intent and the goals of the Growth Policy for public involvement have been ignored. So I and my neighbors request that the City Council remand this proposal back to the Planning board and the steps outlined by Bob Horne be followed. ank you, � kl.,.— � q, Marc Nevas