Loading...
*** 03. Resolution 4436 - Resolution of Intent to Amend Master Plan - Bill LincolnRESOLUTION NO. 4436 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT AN AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN. WHEREAS, on April 7th, 1986, the City Council adopted the Kalispell City -County Master Plan by Resolution No. 3641, and WHEREAS, William Lincoln/Carver Engineering, on September 11, 1998, made an application to amend said Master Plan by changing the designation of approximately 140 acres of land located generally at the corner of Anderson Lane and Conrad Drive and described as Assessor's Lots 6 of Government Lot 3, Section 9, T28N, R21W; Assessor's Tract 12, Government Lots 5 and 6, Section 9, T28N, R21 and Assessor's Tract 7, Government Lot 4, Section 10, T28N, R21W, P.M.M., Flathead County, Montana, and WHEREAS, on October 20, 1998, the Kalispell City -County Planning Board held a public hearing, after due and proper notice, received public comment upon, and received FRDO report #KMPA-98-2 which evaluated the proposal based upon the goals and objectives of the Master Plan, the purpose of zoning and current circumstances in the planning jurisdiction, and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed amendment, the Kalispell City County Planning Board, adopted report #KMPA-98-2, as the findings of fact and recommended denial of the proposed master plan amendment, and WHEREAS, the City Council of the City of Kalispell considers it advisable that they consider the proposed Master Plan amendment and the recommendations of the Kalispell City - County Planning Board, and adopt a Resolution of Intention to Adopt, Revise, or Reject a Proposed Amendment to the Kalispell City -County Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That pursuant to Section 76-1-604, MCA, the City Council of the City of Kalispell intends to consider a proposed amendment to the Kalispell City -County Master Plan, and a K:\wp\res\lincolnintent.wpd recommendation by the Kalispell City -County Planning Board to grant said amendment, said amendment consisting of changing the plan for the area described above, from open space, suburban residential and transition to Resort Commercial, by adopting, revising or rejecting said proposed amendment. SECTION II. That the City Council of the City of Kalispell shall consider whether to pass a final resolution revising the Kalispell City -County Master Plan as set forth herein at a meeting to be held on January 4, 1999 at 7:00 P.M., at the Council Chambers, City Hall, Kalispell, Montana, and at the conclusion of said meeting the City Council will consider a Resolution to revise, reject or adopt the proposed amendment. SECTION III. The City Clerk of Council is authorized and directed to give notice of this meeting in accordance with Section 7-1-4128, MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7th DAY OF DECEMBER, 1998. Wm. E. Boharski - Mayor Attest: Theresa White Clerk of Council K:\wp\res\lincolnintent.wpd Flathead. Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 November 9, 1998 Glen Neier, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Master Plan Amendment Request from William Lincoln from Open Space and Suburban Residential to Resort Commercial Dear Glen: The Kalispell City -County Planning Board held a public hearing at their regular meeting of October 20, 1998, beginning at 6:00 PM in the Kalispell City Council Chambers. During that meeting they considered a request by William Lincoln to amend the Kalispell City County Master Plan from "Open Space and Suburban Residential" to "Resort Commercial" to facilitate the development of the site as the 2 Rivers RV Resort. The application includes a list of recommended land use options that divides the site into four districts. In district 1, roughly 30 acres along the Stillwater River, these recommended options include a hotel/motel, truck stop, restaurants, townhouses, a recreational activity center, and a theater. In district 2, approximately 20 acres on the northwest side of Conrad Drive (just east of district 1), proposed options include offices, RV sites, park model sites (extended period RV - sites), fraternal lodge, live theater, golf clubhouse, convenience store, Laundromat, bank outlet, travel agency, restaurant, recreation equipment rental, and storage units. In district 3, approximately 50 acres just southeast of Conrad Drive and one of the Flathead River channels that crosses the site, proposed options include recreation centers, RV sites, park model sites, a golf course and open spaces. In district 4, an island of approximately 40 acres east of district 3 and abutting the main channel of the Flathead River, proposed options include camping sites, tee pee sites, fishing, bike trails, jogging/hiking trails, and open spaces. Steve Kountz presented the staff report and summarized the issues related to the proposal. He recommended that the Planning Board adopt staff report #KMPA-98-2 as findings of fact and deny the request, but if the Board or Governing Bodies did support the request, staff was recommended a moderated version described in Exhibit A, and a draft resolution for consideration as Exhibit B. At the public hearing, Rich DeJana, representing the applicant, explained the concept of the 2 Rivers RV Resort and presented an alternate Exhibit A and resolution for the planning board's consideration. Doug Dahl, a near by property owners, also spoke in favor of the request. There were 17 people who spoke in opposition to the proposal expressing concerns regarding the increased traffic on Willow Glen Drive, flooding, impacts to the character of the neighborhood, and loss of wildlife habitat. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Glen Neier Re: William Lincoln Master Plan Amendment Request November 9. 1998 Page 2 of 2 The Board discussed the issues at length. A motion was made and seconded to table the matter until the Board could consider the public input from the meeting, and review Rich DeJana's alternate Exhibit A. On a roll call vote of 6-1, the motion to table the matter was denied. A motion was made and seconded to approve staff report KMPA-98-2 and recommend denial. This motion passed on a vote of five in favor and three opposed. Included with this transmittal letter is a copy of staff report KMPA-98-2 and the minutes of the meeting. Please schedule this matter for the next regular meeting of the City Council on November 16, 1998. If you have any questions regarding this matter, you may contact me or Steve Kountz at the Flathead Regional Development Office at (406)758-5980. Sincerely, Kalispell City -County Planning Board (�� / A t Therese Fox Hash President TFH/ SK/ sm Attachments: FRDO Report #KMPA-98-2 and back-up materials Draft Minutes from the 10/20/98 Planning Board meeting Exhibit A/Amendments to staff report (Rich DeJana) c:wa Theresa White, City Clerk c: William Lincoln, 2 Rivers RV Resort, 855 Conrad Dr., Kalispell MT 59901 Carver Engineering, 1995 3rd Avenue E., Kalispell, MT 59901 H: \... \KAL\ 1998 \KMPA98-2b which may create impacts to air quality impacts in the neighborhood. Kountz said one letter from an adjoining landowner had been received requesting that the unpaved portion be paved. Kountz said staff recommended approval subject to the conditions listed in the staff report. Public Hearing The public hearing was opened to those in favor. In favor Suzanne Elliot, Director of Trinity Child Care Center, spoke in favor stating they have had an after school care program for five years and that it had always been well attended. Elliot stated they converted rooms in the church to classrooms in the summer, and that additional space would be a huge step for the program and a good service for the community. Opposition No one spoke in opposition. Board Discussion Hash asked if Kountz had gone over the conditions with the applicant and if they had any problem with the paving issue. Kountz responded they did not have a problem with paving. Heinecke asked if the alley had to be paved and who would pay for it. Kountz said that as condition of approval, approximately 300 feet of the alley adjoining the parking lot would be paved by the applicants. Kountz also said the applicants would pay for the 1'6 Motion Brenneman made the motion that the Board adopt staff report #KCU-98-8 as findings -of -fact and recommend approval of the conditional use permit subject to the six conditions as written. Stevens seconded the motion. Heinecke made a motion delete Condition #5. There was no second and the motion died. Roll Call Vote On a roll call Brenneman, Garberg, Heinecke, Stevens, Johnson and Hines voted aye. The motion to approve staff report #KCU-98-8 carried on a vote of 6-0. BILL LINCOLN TEXT The public hearing was introduced on a request by Bill Lincoln to AMENDMENT amend the Kalispell City -County Master Plan to "Resort Commercial" on approximately 135 acres on both sides of Conrad Drive in the area of the Flathead and Stillwater Rivers. Staff Report: Kountz gave a detailed overview of staff report #KMPA-98-2. Kountz noted the site is in two sections, one along Conrad Drive and one Willow Glen Drive. Kountz said the evaluation considers public interest issues when reviewing a master plan amendment; there are no requirements for specific findings or criteria for a master plan amendment. Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 2 of 15 Kountz went on to say the proposal generally does not fit the character of the area now which is substantially suburban residential. Kountz noted six letters had been received from neighbors opposing the proposal and were submitted to the board. He stated there was considerable concern by Fish, Wildlife and Parks staff that the river is very hydrologically active in this area and that the river channels change. Kountz said letters from Fish, Wildlife and Parks, the Flathead Conservation District, Montana Department of Environmental Health, Flathead Basin Commission, Flathead Land Reliance and the Flathead Lakers had been received with concerns about floodplain, water quality and wildlife habitat In summary Kountz stated staff was recommending denial of the proposal but if the Board chose to make findings to approve the proposal, there was a recommendation in the staff report as listed in Exhibit A and a resolution would be required Public Hearing: Stevens asked whether the BR-4 zone was the same that Winter Sports had on Big Mountain. Kountz replied it was. Rich DeJana stated he was representing the applicant who was out of town. DeJana passed out to the Board. amendments to the staff report and an alternative to Exhibit A DeJana stated that Shopko has an easement to be connected as a roadway. DeJana said that the previous zone change request by the applicant had been for R-5 and that the Board did vote against it. DeJana said when it was previously before the Board, the open space was one of the areas considered for the youth complex, the FRDO staff added a 100 foot roadway, and the denial at the Commissioners office came at the request of Mr. Lincoln. DeJana said it was very clear that the project is contingent on the roadway expansion and hookup to the water system, and if these things do not occur, the project should not go forward.. DeJana stated he felt FRDO staff had given the Board a zoning report, not a master plan change. Regarding Item #3 of the staff report, DeJana said if the road from Shopko goes through, the character of the neighborhood will change and that is why the applicant is making these plans. With that change, the plans would fit. In regards to Item #5, the property is close to commercial areas, is close to a high density area and that the proposal would probably provide more open space when it is completed than an R-1 density development. DeJana said under their definition of open space, it was areas where there are no structures, excluding driveways and parking areas and where a golf course fits. DeJana said in regards to Item #6, there is no County zone that allows a truck stop except industrial zones, and that in his amendment he had deleted industrial zones. DeJana said truck terminals were where trailers Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 3 of 15 I were changed; a truck stop are bringing together lodging facilities, eating facilities, commercial facilities such a convenience stores and gas and service facilities, all of which are allowed in the commercial zones. DeJana said he was troubled when staff gave the Board a report like that, and wants to accurately reflect what the regulations allow. DeJana said that more information was being discovered through the process of adjudication's that the floodplain maps are not entirely accurate. He said Billmayer has been successful in taking areas out of the floodplain; and that Mr. Lincoln said he would pursue this course. DeJana said it was not known where this would end up, but that this would be another land use decision for zoning and a subdivision, not for the master plan. Based on that, DeJana said he proposed Item # 10 be deleted, which relates to the actual development of the property. Regarding Item # 12 on open space, DeJana said they had a concern that the area must be considered when the applicant comes for the additional land use approval, and that was the time to debate these issues. DeJana said that in Item # 13 it was important that in a finding that we tell the landowner to be aware of his risks, and Mr. Lincoln was. He said speculation of staff was not fact to support a finding of fact. DeJana said Item # 1 5 refers to the extension being driven by the LaSalle Road extension, which may be along time in happening. DeJana said he agreed with staff, and that the project should not proceed if this extension does not occur. Item # 16 discusses the priority of the extension. DeJana said this issue was not before the FRDO or Board at this time; it would be decided by the City Council and County Commissioners, and the decisions should be left to them. In regards to his proposed Exhibit A, DeJana said if the Board did recommend approval of the project, this should be planned as a business resort area, not a B-4 or B-6 or B-7, etc.; he said this is a master plan change not the zoning. DeJana said the name should be changed to the Two Rivers Resort Planning area, the equivalent for the whole area, because it is essential if one of those resort zones is followed, it is in essence a planned unit development (PUD), and that every- zoning phase of it must be brought before the Board and every phase must be dealt with appropriately. DeJana said he concurred with staff that there should be an added section to the master plan. He said any development of this area must be master planned as required by the zoning regulations and be subject to public review and approval by the Board of County Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 4 of 15 Commissioners. DeJana said land uses should be low impact resort uses appropriate to the area, and that any development in this area must be served by public water and sewer, and provide for adequate open space as defined by the zoning regulations. DeJana said they recognized that the design, property acquisition, and funding to construct the LaSalle Road extension to Conrad Drive, must be completed prior to resort development of this site. DeJana said they also recognized under other land use regulations that any construction, new subdivision of lots must comply with the floodplain and floodway regulations. DeJana stated the natural topography and vegetation, which is an important for major parts of this proposal, should be protected to the maximum extent feasible; and that lands within 100 feet of the perennial and seasonal river changes should be retained in a natural state with no structures, roads, fills, excavation or excessive vegetation removal, other than the primitive pedestrian trails and upgrading the road crossing the slough. DeJana said he had somewhat changed the proposal of the staff, which basically allowed up to six years for this to occur automatically. DeJana said they were proposing that if substantial zoning has not been completed and physical improvement had not begun by 1 / 1 / 2003 the underdeveloped portion of this site shall revert back to pre-existing suburban/residential designation of the master plan, with the exception that Commissioners may, at their discretion and only one application, extend for a period not to exceed three additional years. Public Hearing: In Favor: Doug Dahl spoke in favor. Dahl said he lives across from this property on El Rancho Road, and thinks the proposal is very good. He loves to fish, pan gold and hunt and does not have confidence in Fish, Wildlife and Parks. He said he would like convenient golfing. In Opposition: Neal Brown with Flathead Audubon Society spoke in opposition to the plan change. This land has high community value and there has been a focus of community efforts to maintain water quality and a buffer. The neighborhood reflects this effort and the open space is an intregal part of community and neighborhood life. Long range harm would stem from creating a key traffic flow area and intersection. The master plan be honored and the staff report accepted by the Board. Susan Spencer with Flathead Audubon Society also spoke in opposition and felt the golf course should not be allowed. Mark Holsten, Flathead Basin Commission, submitted a letter to the board and stated that rivers are the next frontier to be developed and there would be and increase in pressure on any river Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 5 of 15 land. He noted this area was under water in 1976. The development proposal is incompatible with the character of the area particularly with the two rivers in the area. A low impact public use would be a better suited and approving this would set a precedent for other similar incompatible uses. Joan Lundy 123 Willow Glen Drive, has seen the change in the area, especially the increase in traffic on Willow Glen. In the past, one could hear the birds, now all she hears is traffic. The roadway was not built to handle the current amount of traffic. If the roadway were improved, it would cover their septic system and they would lose their property. They are overlooking a valuable property that would be change forever. Bill Breen said he is also a member of the Flathead Audubon Society and does not support the change from agricultural to resort commercial. He pointed out the staff report, agencies letters and public testimony all provide sound reasons why it is unsuitable for the proposed project He said recent flood activity of Flathead and Stillwater Rivers has occurred in this area and emergency vehicles could not reach these areas. Breen said in the 1991 and 1975 flooding, millions were lost and the risk is not only to proponents, but to the adjoining neighbors and community. He said limits on the type and density of development in areas prone to flooding and which are sensitive should be imposed. He recommend the board not change the master plan map. Robert Keith 745 Conrad Drive, said this was a bad idea. He said directly west of the property, within 100 feet of the river it floods and water goes into Lincoln's property every year. Keith said the parking lots would be flooded and there would be problems for the neighbors. Don Kaufman, 724 Conrad Drive, said the change in the wildlife habitat would not be good. He supported keeping things the same. The roads in the area are not built to handle the increased traffic the project would cause. Mrs. Kaufman, 724 Conrad Drive, said property values would not go up and that the traffic was getting to be dangerous. Its a nice area and that's where they want to live. She noted limited jobs are created with the golf courses and it is seasonal work. Olga Edmunds has been in the motel business for 25 years. She thought the board should encourage a feasibility study on occupancy rate in hotels and how many beds there area. She though the request should be turned down because of habitat for wildlife and humans. She also noted the road is deteriorating. Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 6 of 15 Dr. Van Kirk Nelson, Glacier Gallery, noted Conrad Drive was flooded and that is the biggest risk associated with this project He owns 360 acres in conservation easement nearby. He noted the cost of water and sewer systems are expensive and questioned with the existing system handle the increase. He thought the board should deny the project. Mayre Flowers, representing Citizens for a Better Flathead, concurs with staff report for denial. She stated there is a weakness in the master plan because it has no criteria to review the amendments. She asked the board to consider all the conditions of staff report and to balance the individual property rights and neighborhood. She noted there are conservation easements in this area. She said she thinks the request is premature primarily because it is tied to the extension of LaSalle Road. Funding is not available for the road extension and may be years before it is. Speculative markets increase the amount of funding needed for road building and there could be a cumulative increase in traffic which could shift the center of growth. Gail Bissell, 535 Lower Valley Road, said she worked on the master plan update. She works as a biologist and believes there are important wildlife values and existing open space to be maintained in the area. The urban growth boundary was moved to keep it away from this area. Traffic has already increased tremendously and the current bypass issue needs to be addressed. She has worked with various groups over the years to try to keep community aware of this area as valuable open space. She thought Lincoln might want to take look at some of the programs that are available for open space and habitat preservation. Sally Stransky submitted a letter for Bissel to read to the board. She opposed the proposed change due to the important of wildlife habitat in the area. She noted bike trails are needed along the river and that it should be protected. Sana Hartman, Columbia Falls, said the community has a tremendous amount of river frontage which provides riparian habitat for various bird species, otter and beaver in the area. The community doesn't need more golf courses and truck stops. John Williams, 205 Shady Lane, said we should stop improving what is beautiful Charlene Lingstead has owned property for 40 years and wanted answers to her questions about water and sewer and who will pay. She said the road is inadequate and asked who will pay for the improvement and floodplain costs. Has the fire district approved this and what will protect the wells downstream? The board needs to prevent commercial sprawl. Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 7 of 15 Dan Savage, 1305 Third Avenue East, felt it is a `quality of life issue for the neighborhood. Board Discussion: Hash asked the board to look at the site suitability. Garberg said he was in agreement with a lot of the opposition, but it would not stop continual growing traffic because of the LaSalle Road extension. As long as project is tied to the extension, it would be a good commercial use for the project. Hash said it was tied at least on paper to the LaSalle extension. DeJana's exhibit says that what ever has not been developed by 2003 will revert to the original master plan designation. There is no provision for any road improvements. The intention is to draw many people. There is 160 acres with two lanes going into it. Heinecke noted 85 percent of the property was in the floodway. He moved to table the matter until they could read the letters, consider the public input from tonight and look at Exhibit A from the applicant. Stevens seconded the motion. Brenneman said we should vote on what is before us. He concurred with the staff report and believes this development is inappropriate for the area. He felt the property rights of all the neighborhood should be considered. DeJanna said there was no issue to debate. The motion to table the matter was denied on a roll call vote. Brenneman said the project is immature, there are other options available to the owner and he should pursue them. He has lived by the river for 41 years and in her mercy. Motion Brenneman moved to accept report KMPA 98-2 as findings of fact to deny the master plan amendment and forward a recommendation for denial to the County Commissioners . Bahr seconded the motion. Stevens said DeJanna didn't get a chance to rebut the comments made by the board. Hash said a rebuttal was not generally part of the process. On a roll call vote, the motion passed on a vote of five in favor and three opposed. Recess A recess was called at 7:55 PM and the meeting called back to order at 8:00 PM. Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 8 of 15 EXHIBIT A 2 RIVERS RESORT MASTER PLAN AIN1ENDMINT 1. That the Master Plan map be amended to provide that the property in the application is to be planed as a business/resort area. 2. Change the map designation t of the site to "Two Rivers Resort Planning Area" or equivalent. 3. Add the following policy to the land use section of the master plan: 7.i Two Rivers Resort Planning Area a) Development of this area shall be master planned, as required by the business/resort zoning regulations and subject to public review and approval by the Board of County Commissioners; b) Land uses shall be limited to low -impact resort uses appropriate to the area as determined in the zoning and other land use approvals that must be sought prior to the actual commencement of the plan. c) That any development within the area must be served by community sewer and water and provide for adequate open space as defined in the Flathead County Zoning Regulations. d) The design, property acquisition, and funding allocation to construct the Lasalle Road. extension to Conrad Drive shall be completed prior to resort development on the site. e) All building construction and new subdivision lots shall conform to the flood plain, floodway and related regulations. f) That natural topography and vegetation to the maximum extent feasible and that the proper environmental regulations from the State Department of Health and Environmental Sciences and the Office of the county- Sanitarian be followed so as to filter and absorb urban runoff; retain existing drainage retention areas. g) Retain lands within 100 feet of perennial and seasonal river channels in a natural state with no structures, roads, fill, excavation, or significant vegetation removal, except for primitive pedestrian trails and upgrading the road crossing over the slough. h) The Two Rivers Resort Planning Area designation on the master plan map is based on a specific development proposal. If substantial zoning has not be completed and physical improvements associated with that development have not commenced by January 1, 2003, the undeveloped portion of the site shall revert back to the preexisting suburban residential designation on the master plan map. Except that the County Commissioners may in their discretion and upon application of the applicant, extend this period for a period not to exceed three additional years. AMENDMENTS TO STAFF REPORT TO CORRECT FINDINGS 3. The proposed project does not fit the present area, but should the connection be made with the Easement which was required of the commercial facility which is three owners away from this property then this is a viable use of the property. 5. The proposal only fits the character of the surrounding properties if the connection referenced in part 3, above, occurs. At that point the property would be in close proximity to a commercial area. This proposal will provide more open space, as defined in the County regulations than general commercial. 6. A truck stop would be compatible with the proposed and surrounding uses in the link goes through. A truck terminal is an industrial use located conventionally along highways. The only zoning districts in the county zoning regulations that allow truck terminals are the industrial zoning districts. A truck RV stop contemplates gas stations, convince stores and lodging. All of which is regularly allowed in the county commercial and business zones. 9. The applicant has stated that part of the mapped flood plain can be corrected and that he would secure the services of engineers to show the correct measurements and have the property thereby taken out of the flood plain At this time,. it is not. known how much land would be affected by such action or where it would be. If the property is developed, then it will have to abide by flood plain and floodway regulations. 10. Delete covered in 9- 12.The 87+ acres of the site south of Conrad Dr. are essentially islands in the Flathead River, and are the most remote and environmentally significant part of the site. Approximately 8 1 % of this land is floodway (70.7 acres), and all of it is 100-year flood plain.- The Flathead Conservation District has recommended that this part of the site is not suit for development and, if developed, would have a definite negative impact on the river ecosystem. This portion of the property is legally separated from the rest of the site by a river channel, which is now primarily a slough connected to AMENDMENTS TO STAFF REPORT TO CORRECT FINDINGS Page 1 of 2 the main river channel by a narrow, seasonal channel. Current access to this portion of the site is by a one -lane gravel causeway. The area must be considered when the applicant comes for additional land use approvals. B.The proposal for urban development, particularly a golf course, south of the river channel along Conrad Dr. is anticipated to pose significant environmental impacts. Dan Vincent notes, golf courses and RV parks that require few or no structures may seem plausible in dynamic river areas. The landowners must be aware of his risks. Speculation by the planning staff is not. 15.The application is being driven in part by the proposed Lasalle Rd. extension, which may be a long time in coming. County Road Department staff has said that there is currently no county money allocated to build the road, and the city and county have already selected the westside by-pass route for allocation of state and federal funds. This Project should not proceed as the applicant has indicated without the roadway being completed. 16. Delete - the propriety of the roadway is to be left to those who have jurisdiction. AMENDMENTS TO STAFF REPORT TO CORRECT FINDINGS Page 2 of 2 October 4,1998 Flathead Regional Development Office 723 5th flue E-Room 414 Kalispell,MT 59901 To Whom It May Concern: wish to object to this zone change in the suburban residential area until the following questions are resolved. 1.What will be done concerning water D sewer & who will pay the costs if pipes need enlarging,etc.? 2.The present road is inadequate to carry the present traffic let alone a development of this size. In 1964 we were promised a three lane road. Will this be done now D who will bear the costs, if so? 3.Why is building in the flood plain allowed when costs are so high for replacement? 4.Has South Kalispell fire district been consulted D approval obtained prior to this action? 5.Has the State of Montana been asked for approval of this change as a development of this size will certainly affect the downstream waters in some form? 6.What will be done to protect the downstream wells who have current water rights? 7.Our understanding was that Willow Glen would be extended straight north thru cemetery hill D over the creek.What lots does Mr Lincoln own in that area? 8.To preuent more urban sprawl I feel commercial deuelopments should be in a closer cluster to the City or Euergreen area. Respectfully, Charleen Lyngstad Property Owner Tract 811C in SE 1 ASW 114 of �9-28-21 440 flnderson lane-Kalispell,MT 59901 10/20/1998 To: The Kalispell City -County Planning Board and Zoning Commission From: The Flathead Audubon Society Dear Commissioners, I address you on behalf of the The Flathead Audubon Society. Flathead Audubon Society is in opposition to the proposed Bill Lincoln Master Plan Amendment. Mr. Lincoln's land has many seen and unseen links to our community at large. At first glance this land may appear to simply be 135 acres of pasture with some sloughs and river bottom, land that has marginal potential for human use. The greater reality is that this land, has long been recognized as having high community value, land that lies at the heart of the Flathead Valley and has long been the focus of community efforts to retain a viable wildlife corridor, water quality buffer, a natural and necessary floodway, and a vital link to our rural heritage. The current neighborhood reflects that heritage. Flathead Audubon is proud to be a part of that neighborhood. As the lessee of the 422 acre Owen Sowerwine Natural Area, Flathead Audubon has committed it's membership to the important values that this area provides the Kalispell community and the Flathead Valley, values that hinge on open space as an integral part of our communities high quality of life. The zoning districts under which these parcels of land currently exist are correct and proper. The long range ramifications of this amendment would for all time alter key traffic flow and business development in the central Flathead Valley, such ramifications are outside the limits of acceptable change, Flathead Audubon requests that the present master plan for these parcels be honored, we stand in support of Option 1. Keep the master plan - as is: as recommended by the Flathead Regional Development Office. Respectfully Submitted, Neal A. Brown Vice President Flathead Audubon Society ­16UL.8 T ILU P.O. Boa 70 • Polson, MT 59860 406-883-1346 Kalispell City/Flathead County Planning Board and Zoning Commission c/o Flathead Regional DevelopmentOff ice 723 5th Avenue East, Room 414 Kalispell, MT 59901 Dear Board and Commission Members: lakers@cyberport.net fax.. 406-883-1357 October 13, 1998 a; K.l Y I am writing in regard to the Flathead Lakers' concern about the potential impact on water quality of the proposed amendment to the City/County Master Plan to change the designation of 135 acres along the Flathead and Stillwater Rivers to "Resort Commercial." The Flathad Lakers is a nonprofit grassroots conservation organization, with over 700 members, working to protect water quality in Flathead Lake and its watershed. The recommended development options listed in the proposed amendment informational materials include a variety of commercial developments that could result in new building and lawn and golf course development next to the Flathead and Stillwater Rivers. These types of development could have a significant negative impact on the community's most valuable resources: the rivers and Flathead Lake. Recent research conducted by the Flathead Lake Biological Station shows that a large contribution to the total load of nutrients reaching Flathead Lake is coming from the Kalispell area and surrounding valley. As the area under consideration is an area of natural river channel movement and unstable soils, with most of it lying within the 100-year floodplain (much within the floodway), the commercial development suggested would increase the risk of further degradation of our waters. Construction, road building, removal of vegetation, and commercial development increases runoff which carries sediments, nutrients and toxic materials such as heavy metals, benzene and hydrocarbons (from fertilizers, pesticides, and vehicle exhaust, for example). Natural river channel movement would likely require expensive river bank stabilization to protect the owner's investment in the development in the future. Our rivers and Flathead Lake are natural resources that contribute to our quality of life and the beauty of the Flathead valley. The cumulative impact of potential development must be carefully evaluated before a change is made in the master plan. This is especially true in the floodplain, where mistakes are costly to individual property owners, citizens who value our natural resources, and taxpayers. There are more appropriate areas for this kind of development. The Flathead Lakers recently supported a project called "Community River Connections" to educate children and adults about the importance of the rivers and the land adjacent to it for wildlife habitat, recreation and water quality protection. The project was co -sponsored by many groups and public agencies. The participation indicates broad support for river protection, and appreciation of the value of riparian corridors to the community. Also, the Department of Fish, Steve Kountz Flathead Regional Development Office 723 Fifth Avenue East, Room 414 Kalispell, MT 59901 October 9, 1998 Paula E. Williams 205 Shady Lane Kalispell, MT 59 't �g9 Dear Mr. Kountz,4��� It has come to my attention that Bill Lincoln has once again submitted a reque o amend the Kalispell City County Master Plan Map to "Resort Commercial" on his property located on Conrad Drive. This request is item number four on the agenda for the public hearing scheduled for October 20, 1998 and therein is a more precise description of the property involved. I am certain that you are aware of the area and the rural residential quality of the neighborhood. It is this quality that I wish to preserve and enjoy as a homeowner in this area. Several years ago I purchased from my parents the home I grew up in --the home my parents built with their own ' hands. I have seen the growth of this area over several years and although some elements of rural charm are lost I believe our location close to the rivers retains a greater portion of that charm. Mr. Lincoln's proposed change would ultimately destroy the aesthetics of our neighborhood and 'diminish my family's enjoyment of our home. A large portion of the property involved in Mr. Lincoln's proposal is within floodplain designated areas and as such is not suitable for the kind of development "Resort Commercial" encompasses. The recently installed sewer system can not support development without costly improvements. The roads here can not withstand an increase in traffic without costly improvements. Commercial development of the property described would also ultimately devalue the homes located in this neighborhood. As a taxpayer and homeowner I am not willing to subsidize this kind of development. As a native of Kalispell I can recall images of the flood waters of 1964 and I am not convinced that such an event will not occur again. The expense involved in such a tragedy would be multilevel. Not only will there be great financial repercussions to the community at large but potentially devastating environmental repercussions as well. The local wetlands and rivers and the wildlife they support deserve the protection afforded by thoughtful and prudent planning. It is common knowledge that our community resources are strained in the effort to meet the demands already put upon them by the public. Continued growth and development throughout the valley is a concern for residents valley wide. Emergency response times are affected as well as quality of the response as the demands increase upon limited manpower. The Flathead County Sheriff's Department has on several occasions stated that their limited manpower can not cope with increased demands and already feel the quality of service is not what they desire of themselves. Over the years I have been told by your department that the residential zoning of this area is FLATHEAD LAND TRUST A w=nunitry-based, non-profit, tat -exempt organization dedicated to tiefping protect the wildlife, scenes and traditional way of (:(e in the unique and spettacufar yladvead Na&y tfuou8( preservation and wise use of land P.O. Box 1913, KAusPEu. MT 59903-1913 TELEPHONE (406) 752-8293 October 15, 1998 Steve Kountz, Senior Planner Flathead Regional Development Office 723 5th Avenue East, Room 414 -Kalispell, MT 59901 RE: Bill Lincoln Request Dear Steve, The Flathead Land Trust, which has long supported the concept of a greenway in the Stillwater - Flathead Rivers corridor, would like to propose an alternative to Mr. Lincoln's request. We believe the potential exists to arrange a purchased conservation easement of the land under consideration for this variance. This could provide an economic incentive for Mr. Lincoln to relocate his proposed development to another site outside the river corridors. The river corridors offer an irreplaceable source for recreation and open space for the community within easy reach of all the citizens of Kalispell. The Lincoln property forms a vital transition between Lawrence Park and Montana Fish, Wildlife and Parks property to the south. It would be a valuable service to the community to keep this land in its natural state. Should Mr. Lincoln be open to considering this alternative, we would be happy to work with him. I will be unable to attend the October 20 hearing, but I would be willing to schedule a presentation on this alternative for any interested parties when I return. Sincerely, Susan How Executive director PRINTED ON RECYCLED PAPER PO Box 220 Ki1a, MT 59920 October 19,1998 To The Kalispell City -County Planning Board and Zoning Commission: We are writing with regard to the proposed Master Plan amendment by Bill Lincoln for the property in the area of the Stillwater and Flathead Rivers (item d of your Notice of Public Hearing for October 20) Because we are out of Mwn this week, we wilt not be able to attend the scheduled public hearing on this issue. We strongly oppose the proposed ent. The change from the current zoning of this area as open space and suburban residerstiat to resort commercial to enable the high -intensity land cues tattMed by Mr. Lincoln is complesely inappropriate. The proposed extension of LaSalle Rid and the proposed c=m=W development both open the way to major commercial sprawl into an area that would otherwise remain a desirable residential location. The resulting development will not only drain city and county resources to supply services to the area, but also wTI result in an enormous increase in traffic in this area. And as more commercial uses are establish (an inevitable consequence), eventually major traffic congestion will result Furdmmiore, the cost of building the roads that would make all ties possible is going to fall on our shoulders. We are told that there is currently no county money allocated to build the proposed road. and as the commercial uses in this area expand, even more of this nonexistent money would be need to enlarge the roads already there and Maintain the whole complex of heavy -traffic road system that will be needed. This is surely an example of just the sort of development that good city and county planning is supposed to prevent. In addition, the whole proposed complex lies in the 100 year flood plain of the rivers, and much of it in the ltoodway. The inevitable flood "disaster" that will occur if these plans are carried through will end up cuing us tar payer; significant amounts of money — and for the kind of sprawl and traffic problems that no am really wants anyway. The city and county have already made a decision on where to put a by-pass route, and in part the choice was guided by a desire to avoid high traffic and associated neighborhood impacts along Willow Glen Dr. The amendment under consideration would simply throw out this decision and fly in the face of the reasons it was mace. We therefore urge you to reject Mr. Lincoln's request for an amendment to the Master Plan. Sincerely, 't 1-'�k J'U�� John Winne and Linda Winnie K3 Steve Kountz Flathead Regional Development Office 723 Fifth Avenue East, Rm. 414 Kalispell, MT 59901 Oct. 10, 1998 Dear Mr. Kountz, Roberta A. Kerney 759 Valley View Dr. Kalispell, MT 59901 I am writing concerning the request of Bill Lincoln to change zoning in the area of Conrad Drive near Anderson Lane to commercial use. I oppose such a change in the Master Plan. The area affected by his proposal is floodplain area and inappropriate for any kind of commercial development. The lands involved are a habitat to many varieties of wildlife. The residents of this valley as well as many others in western Montana are encountering large game and often dangerous animals in their backyards already. The natural habitats must be preserved for the benefit of the animals and the residents. The backwash area is also a buffer to the river, protecting the river and Flathead Lake. Water quality is essential and development would put our river, lake and water table at risk. When high water or a flood occurs the results would be devastating to water quality, not to mention that we as taxpayers would also pay for the clean-up of such a disaster. The roads in and out of that area were never intended to handle the amount or the speed of traffic already there. Development of commercial enterprises would only compound the problem. The residents of this valley should not be expected to pay for improvements that will become - necessary because of one person's personal gains. Our tax dollars would be better spent on current problems before creating more problems. Again, I want to express my opposition to Bill Lincoln's proposal. There are lands which are already zoned for commercial use that Mr. Lincoln could look to for his plans. I have family members living near the area described in his proposal and I feel their home will be adversely affected by this kind of zone change. Sincerely, Roberta A. Kerney -- r---- — --- .N.....vas LV INQUIRYNIOLATION LOG L7 Zoning L7 Floodplain C Subdivision C Lakeshore C BuiIding Permit * Otlier NANIE: W TEL: ,MAILING ADDRESS: 300 4-,sw i_y) , PROPERTY OWNER - LEGAL DESCRIPTION: Assessor's # Quarter/Quarter COS # Lot/Tract/Block # S T IZ Subdivision NATURE OF INQUIRY/VIOLATION He nb*)ecfs La A h ' I I TAKEN BY: 14 Lz DATE: OVLF TIiti1E: 3 ZONING: _ ZONING DISTRICT: SETBACKS: FRONT SIDE SIDE CORNER REAR FLOODPLAIN ZONE: PANEL # RECORD OF CONTACT BY FRDO DATE TIME ACTION BY STAFF C0N2yfENTS (Also see back side) WILLIAM LINCOLN REQUEST FOR MASTER PLAN AMENDMENT FLATHEAD REGIONAL DEVELOPMENT OFFICE REPORT #KMPA-98-2 OCTOBER 13, 1998 A report to the Kalispell City -County Planning Board, the Kalispell City Council and the Board of County Commissioners regarding a request to amend the Kalispell City -County Master Plan. A public hearing has been scheduled before the planning board for October 20, 1998 beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council and the County Commissioners for final action. BACKGROUND INFORMATION A. Petitioner: William Lincoln Two Rivers RV Resort 855 Conrad Dr. Kalispell, MT 59901 Technical Assistance: Carver Engineering 1995 Third Av. E. Kalispell, MT 59901 B. Summary of the Request: The request is to amend the Kalispell City County Master Plan Map to "Resort Commercial" on approximately 135-140 acres of land (or more depending on the designation of the meander line of the Flathead River). The existing master plan map designates approximately 93 acres of the site as "open space" (consisting generally of the braided channels of the Flathead River, the land area between them, and the Stillwater River floodway), 43 acres as "suburban residential' land, and the rest as "transition area" between open space and suburban residential land. - The application proposes development of the site as the 2 Rivers RV Resort. The application includes a list of recommended land use options that divides the site into four districts. In district 1, roughly 30 acres along the Stillwater River, these recommended options include a hotel/motel, truck stop, restaurants, townhouses, a recreational activity center, and a theater. In district 2, approximately 20 acres on the northwest side of Conrad Drive (just east of district 1), proposed options include offices, RV sites, park model sites (extended period RV -sites), fraternal lodge, live theater, golf clubhouse, convenience store, Laundromat, bank outlet, travel agency, restaurant, recreation equipment rental, and storage units. In district 3, approximately 50 acres just southeast of Conrad Drive and one of the Flathead River channels that crosses the site, proposed options include recreation centers, RV sites, park model sites, a golf course and open spaces. In district 4, an island of approximately 40 acres east of district 3 and abutting the main channel of the Flathead River, proposed options include camping sites, tee pee sites, fishing, bike trails, jogging/hiking trails, and open spaces. 1 ( � 1 C. Location and Legal Description of Property: The site is located on both sides of Conrad Dr. in the area of the Flathead and Stillwater Rivers. The property is described as Government Lots 3, 5, and 6 of Section 9 and Government Lot 4 of Section 10, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: The site is currently used a residence and for grazing. The zoning on the site is AG-80 Agricultural on approximately 87 acres (districts 3 and 4 above) and a combination of R-1 and R-2 Suburban Residential on approximately 49 acres (districts 1 and 2 above). E. Adjacent Land Uses and Zoning: The area is characterized by a mix of suburban residential, manufactured home parks, agricultural, and public lands. North: Suburban housing, vacant land, manufactured home park; R-1, R-5 South: Suburban housing, vacant land; R-1 East:: Flathead River; AG-80 West: Stillwater River, Suburban housing, vacant land; R-1, R-2 Evaluation of the Master Plan Amendment Request: No specific evaluation criteria exist in the master plan or in Montana statutes for review of plan amendments. Master plans provide guidance in a general and comprehensive manner about how the community should grow and develop. This report is an analysis of public -interest issues posed by the proposed change in land use on the site. The issues are divided into categories of land use, site suitability and environmental impacts, transportation and public services, and changes in circumstances to warrant the amendment. The master plan for the planning jurisdiction is currently in the process of being updated. The draft map prepared to date is inconsistent with the proposed amendment. The draft map includes the following relevant designations in the vicinity of the subject site: a minor arterial extension of Lasalle Rd. through part of this site to Conrad Dr.; a larger mixed -use commercial area north of the site at the intersections of Highways 2 and 35.; an "open space" designation on all floodway areas (covering about 55% of this site); a "suburban residential" designation on the lands northwest of Conrad Dr. in this vicinity; an urban growth boundary which does not include the larger portion of the site southeast of Conrad Dr.; and a "riparian sensitive lands" overlay designation on all 100-year floodplain (covering about 85% of this site) which recommends particular consideration and planning for riparian site constraints. Land use 1. As a resort, the proposal relates to and takes advantage of the Flathead and Stillwater Rivers as scenic, recreational amenities with tourist appeal. The site abuts the Stillwater River and three channels of the Flathead River. 2 2. The proposed amendment from open space and suburban residential to resort commercial would be a dramatic increase in land -use intensity. Current zoning is AG- 80 Agricultural on approximately 64% of the site and R-1 Suburban Residential on nearly all of the remainder. In contrast, resort commercial zoning districts provide for intensive urban development. 3. Allowing major commercial development along an outlying arterial road is an impetus for continuous linear commercial growth along that road. Other owners will claim that the preceding commercial development makes the area less desirable for residential growth, and that allowing commercial expansion to some owners and not others is unfair. There are many examples around the county of this pattern of continuous linear commercial growth along an outlying arterial once it starts. Disadvantages for the public of this growth pattern include congestion of these arterial routes, loss of natural scenic values along these routes, shifting the locus of the community's commercial vitality and growth to a continually expanding periphery, and relative disinvestment in the communities established commercial districts. 4. The existing "open space" and "suburban residential" designations on the plan map do provide for economic use of the property. The bulk of the real estate development market in Flathead County in recent decades has been for low -density housing outside of the three cities, and lands with proximity to waterfront are particularly desired. Potential economic uses of the designated open space include the following: low - impact recreational facility (e.g., an outfitter for river float trips); primitive camp and retreat center; pasture; dude ranch; trails; open space amenities for off -site development; transfer of development density from these lands to the more developable part of the site in a cluster development; and a conservation easement. 5. The proposal does not fit the character of the surrounding properties. The Conrad Dr. vicinity is currently a low -density residential and open space area, not a resort or commercial area. 6. A truck stop would be particularly incompatible with the proposed and surrounding uses. A truck stop is an industrial use located conventionally along highways. The only zoning districts in the county zoning regulations that allow truck stops are the industrial zoning districts. The surrounding area is not industrial; a resort is not industrial; and Conrad Dr. is not a highway. A truck stop would significantly impact surrounding properties by increasing truck traffic, noise, fumes, and continuous hours of operation. 7. There are substantial public landholdings managed as wildlife habitat and recreational open space in the immediate vicinity, including Owen Sowerwine Natural Area, Old Steel Bridge Fishing Access Site, and two islands recently purchased by the Montana Department of Fish, Wildlife & Parks (MDFWP). Currently, the island areas in this braided section of the Flathead River have AG-80 zoning and are relatively remote and inaccessible. Urban development on the comparable island areas of the subject site could have significant off -site impacts that undermine this public investment. Site suitability and environmental impacts 8. About 85% of the site is 100-year floodplain (114 acres), and 55% is floodway (77 acres). Floodplain development incrementally increases the potential for major f✓ property damage to future owners, future disaster impacts upon the community during a major flood, additional taxpayer subsidy of low-cost flood insurance, a taxpayer bailout of future flood victims, and increased flood hazards to downstream properties by filling the floodplain. Flooding is a natural function of the river; it is not a disaster unless the floodplain is developed. 9. The applicant has stated that part of the mapped floodplain can be filled and thereby taken out of the floodplain. At this time, it is not known how much land would be affected by such action or where it would be. MDFWP staff have noted that, because of its gradient, this braided area of the Flathead River from Presentine Bar to the Stillwater River is very hydrologically active, characterized by dynamic lateral movement of the river channels and flooding. They point out that part of the subject property has experienced substantial flooding several times in the last decade. Lands in this area that are currently floodplain could potentially become a river channel in a few years. 10. County floodplain policy is multi -faceted, including floodplain development regulations, sanitation regulations, subdivision regulations, zoning regulations, and the master plan. The floodplain development regulations prohibit structures and fill in the floodway, but not in the flood fringe (100-year floodplain above the floodway), where building construction is allowed subject to design requirements that reduce the risk of flood damage. County sanitation regulations prohibit septic drainfields in the 100-year floodplain. County subdivision regulations prohibit subdivision of floodplain for building sites or uses that would increase flood hazards. Low -density residential or agricultural zoning, as currently exists on this site, is another common tool used by communities to reduce flood damage by minimizing impervious surface and structures. The master plan (3.b) recommends reserving floodplain where appropriate in a natural state as park, habitat, open space, or agriculture. 11. MDFWP Regional Supervisor Dan Vincent points out that, "The braided section of the Flathead River from the Old Steel Bridge to the Stillwater confluence is one of the most exceptional wildlife areas in the lower Flathead River system. This is due to the complex of channels, islands, and intact habitats that exist along this river section." MDFWP has mapped the entire site as important riparian wildlife habitat. Vincent points out that key wildlife species which could be impacted by the proposed developments include river otter, beaver, mink, osprey, bald eagle, nesting waterfowl, shorebirds, migratory songbirds, and cavity nesting birds. In addition, bull trout and west slope cutthroat trout inhabit this section of the Flathead River. 12.The 87+ acres of the site south of Conrad Dr. are essentially islands in the Flathead River, and are the most remote and environmentally significant part of the site. Approximately 81 % of this land is floodway (70.7 acres), and all of it is 100-year floodplain. The Flathead Conservation District has recommended that this part of the site is not suit for development and, if developed, would have a definite negative impact on the river ecosystem. This portion of the property is legally separated from the rest of the site by a river channel, which is now primarily a slough connected to the main river channel by a narrow, seasonal channel. Current access to this portion of the site is by a one -lane gravel causeway. 13.The proposal for urban development, particularly a golf course, south of the river channel along Conrad Dr. is anticipated to pose significant environmental impacts. As Dan Vincent notes, golf courses and RV parks that require few or no structures may 4 seem plausible in dynamic river areas, but experience has shown that once such facilities are in place, landowners are not content to retreat and will call on government and private resources to fight the river. A golf course covers a large area, and the natural functions of flood storage and drainage in that area would likely be eliminated or significantly reduced by eventual proposals to divert the river and keep water off of the course during spring and early summer of particularly wet years. The application of fertilizers and pesticides, combined with substantial irrigation, on the sandy river -wash soils could readily enter the groundwater. Information about the Evergreen shallow aquifer in this area indicates that substances in the groundwater can move rapidly into the Flathead River and Lake where they could impact water quality. In addition, development along and near the site's river channels poses risks to downstream water quality by increased contaminants from urban runoff, removal of vegetation, and increased impervious surface. Transportation and public services 14.The site currently has inadequate infrastructure to support major urban development. The property is not in the Evergreen Water and Sewer District. The district has commented that EPA grant restrictions may limit the district from expanding into the portions of the site in the 100-year floodplain. Also, Conrad Dr. is narrow for its level of use, and its nearby intersections at Anderson Ln. and Willow Glen Dr. have had several vehicle accidents. 15. The application is being driven in part by the proposed Lasalle Rd. extension, which may be a long time in coming. County Road Department staff has said that there is currently no county money allocated to build the road, and the city and county have already selected the westside by-pass route for allocation of state and federal funds, partly due to its more effective reduction of traffic at the Main/Idaho intersection and to avoid neighborhood impacts along Willow Glen Dr. 16. Allowing major commercial development along an outlying by-pass route, as proposed, will ultimately diminish the by-pass' function and value, because high volume cross - traffic will increase congestion on it and discourage its use as a convenient north/south route. In addition, this route has no access restrictions, as are part of the proposed Highway 93 Bypass on the west side of Kalispell, so multiple driveway access points are likely to create further congestion. If major commercial development along this route begins and continues, the road would ultimately function as another congested commercial arterial in the urban fringe rather than a convenient bypass route. Changes of circumstances to warrant the plan amendment 17.This environmentally sensitive and hazardous area is far enough away from the city that urban expansion is neither impending nor unavoidable. 18. If the proposed Lasalle Rd. extension to Conrad Dr. is constructed, the desirability of the adjacent lands for residential development is likely to be reduced by expanded truck traffic. The Willow Glen/Conrad Drive corridor is already used informally as a truck bypass, and the Lasalle extension would improve the convenience of this route. As discussed above, however, provision for commercial development along this arterial would have the opposite effect, reducing its convenience for through -traffic. 19.The applicant proposed a zone change in 1995 on the portion of this site north of 5 Conrad Dr. from R-1 to R-5, which would have allowed an RV park. The zone change was denied unanimously by the planning board and board of commissioners. Over the last three years, no significant changes of circumstances in the area or market need are apparent that would support a change in policy to now provide for urban development on the site. Moreover, the current application is for far more intensive urban use than the 1995 application and adds the more environmentally sensitive 87 acres south of Conrad Dr. s �r Staff recommends that the planning board adopt FRDO Report KMPA-98-2 as findings of fact and recommend that the city council and board of commissioners deny the request. If the planning board or governing bodies support the request, staff recommends consideration of a moderated version described in Exhibit A. Approval of a master plan amendment by the planning board is required to be done by a resolution. A draft resolution for your consideration is attached as Exhibit B. H:l...\KMPA98-2 EXHIBIT P'RIVERS RESORT MASTER PLAN AMENDMENT 1. Retain the current open space designation as it exists, which includes the Stillwater River floodway and the portion of the site southeast of Conrad Dr. 2. Change the map designation on the rest of the site to "Two Rivers Resort Planning Area" or equivalent, and add policies that specify a list of potential uses and performance standards for infrastructure, floodplain mitigation, and environmental protection. 3. Add the following policy to the land use section of the master plan: 7.i Two Rivers Resort Planning Area a) Development of this area shall be master planned and subject to public review and approval by the Board of County Commissioners. b) Land uses shall be limited to low -impact resort uses, including an RV park, hotel/motel, and ancillary uses catering primarily to hotel and RV patrons (such as a restaurant, laundry facilities, and low -impact recreational amenities). General commercial, industrial, or entertainment uses catering to a community -wide customer base, such as a truck stop, golf course, theaters, banks, or offices, are not permitted. c) The development must be served by community sewer and water. d) The design, property acquisition, and funding allocation to construct the Lasalle Rd. extension to Conrad Dr. shall be completed prior to resort development on the site. e) All building construction and new subdivision lots shall be outside of the 100-year floodplain. f) Within the 100-year floodplain, retain the natural topography and vegetation to the maximum extent feasible; limit impervious surface to no more than 20% of the site; utilize drainage facilities that filter and absorb urban runoff; retain existing flood channels and natural depressions as drainage retention areas; and minimize the addition of obstructions that increase flood hazard to downstream property. g) Retain lands within 100-feet of perennial and seasonal river channels in a natural state with no structures, roads, fill, excavation, or significant vegetation removal, except for primitive pedestrian trails and upgrading the road crossing over the slough. h) The Two Rivers Resort Planning Area designation on the master plan map is based on a specific development proposal. If substantial physical improvements associated with that development have not occurred by January 1, 2003, or within any subsequent period of three consecutive years, the undeveloped portion of the site shall revert back to the preexisting suburban residential designation on the master plan map. rA RESOLUTION NO. KMPA-98-2 WILLIAM LINCOLNI2 RIVERS RV RESORT AN AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN WHEREAS, the Kalispell City -County Master Plan was adopted by the Kalispell City Council on April 7, 1986 with Resolution No. 3641 and by the Board of County Commissioners on February 6, 1986 with Resolution #578A; and WHEREAS, the property owner William Lincoln has petitioned for a revision to the Kalispell City -County Master Plan map to provide for resort commercial development on Government Lots 3, 5, and 6 of Section 9 and Government Lot 4 of Section 10, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; and WHEREAS, the Flathead Regional Development Office has prepared FRDO Report KMPA-98-2 for consideration by the Kalispell City -County Planning Board, Kalispell City Council, and the Flathead County Board of Commissioners; and WHEREAS, the Kalispell City -County Planning Board held a public hearing on October 20, 1998 at 6:00 PM in the Kalispell City Council Chambers after due notice to the public and has given consideration to the comments received; and NOW THEREFORE BE IT RESOLVED, that the Kalispell City -County Planning Board recommends that the Kalispell City Council and the Flathead County Board of Commissioners amend that the Kalispell City -County Master Plan as indicated in the attached Exhibit A. Therese Fox -Hash, President Kalispell City -County Planning Board D 01 i 'r j BILL LINCOLN MASTER PLAN ANfflVDNTlNT APPRO)UMATELY 135.5 ACRES 86.9 ACRES IN AG-80, AGRICULTURAL ZONING DISTRICT 48.6 ACRES R-1 & R-2 RESIDENTIAL ZONING DISTRICTS 100 YR FLOODPLAIN FLOODWAY WILLOW GLEN ZONING DISTRICT PUYr nkTl-g/'17/98 FILE # KPMA-98-2 SCALED TO FIT SHEET lf:\&\mtte\KPMA98--2.dwjj 100-YEAR FL®O D P LAI N FtcoDQWN FLOODWAY FLOOD FRINGE FLOOD F?JNGE $A5E FLOOD lrL:VA2'iQ}I CRO�-SE�i'foNAL Y1>�t Alo DEYELo�,�tFXT' No�w�L FCAIN F1.000waY CR055-�cr?'iONAL YtE'>tV roc FRINGE F{.DOD FRSNGi: wrr,4 &V.5r lhr NEW DEVEXPA9FN 00 ------------ - --- _ -� BAE;E FLOo� FL000 E'.�3'-4770U E1 EYA7i0N �F7�Z EiZOACtIMENT- NORMAL CSaA 4melE FLOOD QQ C Carver Engineering, Inc. September 11, 1998 Flathead Regional Development Office Narda A. Wilson, A-I.C.P. 723 5th Ave. East — Room 414 Kalispell MT 59901 RE: Master Plan Amendment for Bill Lincoln Dear Narda: Consulting Engineers Civil Structural APPLICATION MAE vAo�mental SEP 14 1998 1 F. R. D. O. This letter will serve as the official application for a master plan amendment to amend Bill Lincoln's property, Assessor's Lot 6 of Government Lot 3 in Section 9, T28 R21, Assessor's Tract 12 of Government Lots 5 & 6 in Section 9, T28 R21 & Assessor's Tract 7 of Government Lot 4, Section 10, T28 R21, from R-1 to BR-4 Resort Business. Also following this letter is a list of names and addresses of all property owners within 150 feet of the site and the application review fee of $750.00, as you requested in your May 21, 1998 letter. Sincerely, C V R ENGINE RING, INC. Ke n lloy William Lincoln Applicant R L'7 v 0 y Q ^7 L E- u; 9 1j 2ersRVResort 855 Conrad. Drive Kalispell, Mt. Master Plan Amendment Business Resort Designation It is the goal of 2 Rivers RV Resort to be a RV destination resort with as many amenities as possible to attract and provide the best possible experience for the millions of RVers who may choose Kalispell as their destination choice. After a review of both evaluation categories and exemplary extras in RV park critiques and advertisements, it is our intent to create a resort that will lend itself to either a park model, multi -night, or one night stay. The first step toward this goal is to make a change in the Flathead Master Plan. That is the purpose of this request. The property we are dealing with is bordered by two rivers, the Stillwater and the Flathead. It is approximately one hundred and sixty acres. It has sewer and water on or next to the property. In order to provide the best experience possible, site needs, recreational needs, and commercial needs must be met. The planning of the resort will require efforts in all three arenas for diverse specialties and unique tourism opportunities. The property has been divided into four districts to provide for the varied needs and wishes of the RV clientele. It is necessary to create a diverse group of recreational and economic options that can meet the commercial demands and desires of the resort clientele and be able to financially survive throughout the year, where necessary. The selection of types of recreational and commercial activity are generally listed by district and reflect the optimum desires of a potential RV clientele as described by RV magazines, their evaluation criteria and individual RV Park advertisements and brochures. District 1 Recommended Commercial and Recreational Options A. Hotel/Motel B. RV(Truck Stop C. Restaurant D. Townhouses E. Coffee Shop F. Fast Food G. Recreational Activity Center H. Theater District 2 Recommended Commercial and Recreational Options A. Offices B. RV Units C. Fraternal Site D. Live Theater E. Club house/Lounge(golf) F. Convenience Store G. Complete Hookup Sites H. Park Model Sites L Laundromat J. Bank Outlet K. Tour & Travel Agency L. Family Restaurant M. Recreational Equipment Rental N. Storage Units District 3 Recommended Commercial and Recreational Options A. Recreation Centers (family & adult) 1. Meeting Rooms 2. Swimming Pools 3. Shuffleboard 4. Horseshoes B. Park Model Sites(adult) C. Park Model Sites(family) C. Full Hookup Sites(family) D. Full Hookup Sites(adult) E. Open Spaces F. Golf Course District 4 Recommended Commercial and Recreational Options A. Camping Sites B. Tee Pee Rentals C. Open Space D. Fishing E. Bike Trails F. Jogging & Hiking Paths Currently the zoning is R-1, but this is not residential property. The farm is a picturesque area uniquely bordering two rivers. This location is ideal for an RV living resort where appropriately clustered park areas can provide enough space for a variety of commercial and recreational amenities. By building a top rated resort it is possible to create an accommodation facility that will not overburden our infrastructure, economically benefit the community, provide a resort style accommodation that is currently unavailable, create the highest and best use of the land, provide both summer and winter recreation access, and blend the splendor of naturally wild areas with a cadre of unique ecotourism opportunities. N N Co ,',�[ ater &,sewer D.IsWct 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1588 October 5, 1998 Steve Kountz, Senior Planner - Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, MT 59901 Dear Mr. Kountz: The information you provided on the amendment to the Kalispell City County Master Plan requested by Bill Lincoln was reviewed by our staff and Andy Hyde of Carver Engineering. The property is located outside of the District Boundaries. To receive water service from the District would require annexation into the .District and water main extensions. Both the annexation and main extensions would to contingent on approval of the District Board of Directors. The interlocal agreement between the City of Kalispell and the District requires that before the District can provide sewer service to property outside of the RSID boundaries, approval must be granted by the City of Kalispell. In the event the City and District Board both grant approval for sewer service to these properties, sewer main extensions and pumping stations may be required. The EPA grant requirements and Flathead County floodplain regulations may restrict the District from providing service to portions of this property within the floodplain. Any service provided to this property by the District would be designed in accordance with District standards and policies. If you need more information, please contact me. Sincerely, - a-- . -�Z� A "A-' Roberta Struc District Manager FLATHEAD CONSERVATION DISTRICT 30 Loin Valley load Kalispell. MT 5990 t Phone H06)752-4220 Fax I-WPS2-14077 Emall: <fcd*dlglsys.neb wFivrr) Steve Kountz, Senior Planner Flathead Regional Development Office SEP 2 g 199b 723 Sth Rvenue East, Rm. LI 1 U Kalispell, MT S990 1 1°L.ATh A0 ollVaLapMENT of-,( RE: BILL LINCOLN MASTER PLAN AMENDMENT Dear Steve: Thank you for the opportunity to review the Lincoln Master Plan Rmendment. We have examined the information your office provided. Enclosed you will find a copy of the soil map from the Upper Flathead Valley Rrea Montana Soil Survey completed by the USDA Natural Resources Conservation Service, formerly known as the SCS. Rs you are aware this is a soils designation for the entire Flathead County. Please note that the soil abbreviations are designated on the map itself. These have been interpreted according to your site map. District 1 This area consists of two primary soils — Chamdcane (Ca) and Swims (Sr). The soil Charnokane (Ca) classification shows a "severe" rating for sanitary facilities, namely septic tanks as well as a "severe" rating for any type of dwelling or commercial buildings and for roads. Lawns and landscaping receive a moderate rating, as this area could be flooded. The Swims (Sr) classification shows "moderate" concern for dwellings with basements due to wetness and "moderate" concern for local roads and streets. Sanitary facilities are also listed as "severe" for this region. District 2 Chamokane (Ca) soils mirror the above statement. Banks (Bb) soils are listed as "severe" for dwellings, commercial buildings and local roads. They also are listed as "severe" for septic tank absorption fields. District 3 Banks (Ba) soils are classified as "severe" for dwellings, commercial buildings and local roads. In addition, this area is classed as "severe for septic tanks. District L4 Riverwash (Rc) soils data is not, as yet, entered into the NFICS computer as a updating of the publication is underway. However, referring to the soils book itself, it shows the states, "the mapping unit is subject to cutting, scouring, and the deposition of fresh alluvium at each flooding". Attached is a copy of the sheet from the 'Engineering Properties 7 Soil Interpretations For Use In Resource Planning & Development", the engineering supplement to the original soil survey book. In summary, Districts 1 and 2 are questionable for development. In the event that dwellings or development are permitted in this area, they should meet all floodplain requirements. In addition, all facilities should be connected to the sewer system, including sufficient sewer line for future expansion. Surface runoff should be handled through the same sewer system, as runoff from a development of this size would have a strong negative impact on the water quality in the river systems. Districts 3 and L4 are not suitable for development and will have a definite negative impact on the river ecosystems. RII areas along the rivers, streams, and intermittent channels should retain an undisturbed riparian area to protect the existing properties, any approved development and the integrity of the water bodies. Such a plan would be subject to an on -site investigation of the existing river corridors on the proposed development properties. If we can be of further assistance, please call. Sincerely, Cathy es Resou Conservationist & Watershed Coordinator O(Joins sheet_IS)' R. 21 W. 1 $ver jre �h n a { `• Kzn KZS Bd 14, Bd So .Ai Re Kd �Kb By I!b Kr Bd Sr .Bb �R Bb Sa Re M� ,9� _�• y I1 _ I 1 i C 44 - - 1Q 1 - • i �I \� Re Cc Ca I It 11 Bb Bb I n _'.-• 5 — Ma Bb Re j \ Sr Q n l! � 1 ,�u +i Ca A.MS Re so Ca cc cc cc _ 16 \ \ 15 \ Cc Ca - i Bb Bb :I Bb Ta ____.•ACC / \ -\\ \\ Cc i cc • R c ..nC:<;o r ..a (loins sheet 27) '�' ..... iiz IN.+ � Scale 1:20000 J.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 2 NATURAL RESOURCES CONSERVATION SERVICE 09/22/98 BUILDING SITE DEVELOPMENT ;The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Shallow Dwellings Dwellings Small Local roads Lawns and and soil name excavations without with ( commercial and streets landscaping basements ( basements ( buildings a: Banks ----------- (Severe: (Severe: Severe: (Severe: (Severe: Severe: cutbanks cave I flooding I flooding I flooding ( flooding I flooding b: I I I I I I Banks ----------- [Severe: (Severe: (Severe: Severe: (Severe: (Severe: cutbanks cave I flooding I flooding I flooding ( flooding ( flooding Zhamokane------- Severe: {Severe: (Severe: (Severe: (Severe: (Moderate: cutbanks cave, I flooding I flooding, I flooding I flooding, I flooding wetness ( I wetness I I frost action :hamokane------- (Severe: Severe: (Severe: (Severe: Severe: imoderate: cutbanks cave,) flooding I flooding, I flooding I flooding, I flooding wetness I I wetness I I frost action dverwash. wims-----------Severe: (Slight (Moderate: (Slight (Moderate: ISlight cutbanks cave wetness I ( low strength, frost action .S. DEPARTMENT OF AGRICULTURE A.TURAL RESOURCES CONSERVATION SERVICE PAGE 2 OF 2 09/22/98 aTil?ING SITE DEVELOPMENT adnote -- BUILDING SITE DEVELOPMENT ais report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without ;sements, small commercial buildings, local roads and streets, and lawns and landscaping. The limitations are Slight", "Moderate", or "Severe". The l_=_*taticns are considered "Slight" if soil properties and site features are !neraliy favorable for the indicated -use and l_m-taions are minor and easily overcome; "Moderate" if soil properties r site features are not favorable for t!:La 4ndcared use and special planning, design, or maintenance is needed to vercome or minimize the limitations; an.: "'severe' if soil properties or site features are so unfavorable or so ifficult to overcome that special design. significant increases in construction costs, and possibly increased iintenance are required. Special feasibility st=dies may be required where the soil limitations are severe_ SALLOW EXCAVATIONS are trenches or holes to a maximum depth of 5 or 6 feet for basements, graves, utility lines, )en ditches, and other purposes. The rat'_-gs are :aced on soil properties, site features, and observed performance of ie soils. The ease of digging, filling, and =--acting is affected by the depth to bedrock, a cemented pan, or a very Crm dense layer; stone content; soil text_r=_; and slope. The time of the year that excavations can be made is `fected by the depth to a seasonal high .rater table and the susceptibility of the soil to flooding. The resistance of ie excavation walls or bands to slougr.i_ng or caving is affected by soil texture and the depth to the water table. iELLINGS AND SMALL COMMERCIAL BUILDING:. are st-_:,_res built on shallow foundations on undisturbed soil. The load '.mit is the same as that for single-fa-tly dwellings no higher than three stories. Ratings are made for small ;mmercial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings -e based on soil properties, site feat -:es, and observed performance of the soils. A high water table, depth to bedrock - to a cemented pan, large stones, slox, a 4 flooding affect the ease of excavation and construction. Landscaping id grading that require cuts and fills cf sre than 5 or 6 feet are not considered. )CAL ROADS AND STREETS have an all-wea-.=er s-.`-face and carry automobile and light truck traffic all year. They Lve a subgrade of cut or fill soil material. a base of gravel, crushed rock, or stabilized soil material, and a .exible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the >ils. Depth to bedrock or to a cemented lac. a _high water table, flooding, large stones, and slope affect the ease of :cavating and grading. Soil strength :as i_`e_=ed from the engineering classification of the soil), shrink -swell >tential, frost action potential, and dep- to a high water table affect the traffic -supporting capacity. AWNS AND LANDSCAPING require soils on sic' turf and ornamental trees and shrubs can be established and intained. The ratings are based on se_1 properties, site features, and observed performance of the soils. Soil !action, a high water table, depth to �.,ed=_-,=k or to a cemented pan, the available water capacity in the upper 40 Lobes, and the content of salts, sodi=, and sulfidic materials affect plant growth. Flooding, wetness, slope, .oniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation i established. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 3 NATURAL RESOURCES CONSERVATION SERVICE 09/22/98 SANITARY FACILITIES (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol I I Septic tank and soil name I absorption I fields I Ba: I I Banks ----------- ISevere: I flooding, I poor filter I 3b: I I Banks ----------- ISevere: I flooding, I poor filter I :a: I I Chamokane------- ISevere: I flooding, I wetness, I poor filter Chamokane------- I ISevere: I flooding, I wetness, I poor filter I tc : I Riverwash. I I or: I Swims ----------- ISevere: I peres slowly I I Sewage lagoon I I Trench areas ( sanitary I landfill I .I I I (Severe: I I (Severe: I seepage, I flooding, I flooding I seepage, I I I too sandy I I ISevere: I (Severe: I seepage, I flooding, I flooding I seepage, I I I too sandy I I ISevere: I ISevere: I seepage, I flooding, I flooding, I seepage, I wetness I wetness I ISevere: I ISevere: I seepage, I flooding, I flooding, I seepage, I wetness I I I wetness I I I I I ISevere: I I I ISevere: I seepage I seepage, I I I wetness I i Area I sanitary I landfill I 1 I ISevere: I flooding, I seepage I I I ISevere: I flooding, I seepage I I I ISevere: I flooding, I seepage, I wetness I ISevere: I flooding, I seepage, I wetness I I I I I ISevere: I seepage I I I I Daily cover I for landfill ( i I I (Poor: I seepage, I too sandy I I I (Poor: I seepage, too sandy I I I (Poor: I too sandy ( i I (Poor: I too sandy I _ I I I I I (Fair: I too clayey I I S. DEPARTMENT OF AGRICULTURE LTUR.AL RESOURCES CONSERVATION SERVICE PAGE 2 OF 3 09/22/98 SANITARY FACILITIES idnote -- SANITARY FACILITIES Lis report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons, Ld sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are Lvorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil properties or site !atures are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or .nimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome Lat special design, significant increases in construction costs, and possibly increased maintenance are required. Lis report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates Lat soil properties and site features are favorable for the use and good performance and low maintenance can be pected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or rre soil properties or site features make the soil less desirable than the soils rated "Good"; and "Poor" indicates .at one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable -operties requires special design, extra maintenance, or costly alteration. ;PTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through bsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The tings are base on soil properties, site features, and observed performance of the soils. Permeability, a high .ter table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones .d bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, .cluding excessively slow absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health. oundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the se of the absorption field, if slope is excessive, or if the water table is near the surface. There must be .saturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances quire that this material be of a certain thickness. 'WAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid stes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons nerally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon oor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for e natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material low the surface layer are excavated to provide material for the embankments. The ratings are based on soil operties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a gh water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter. cessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater ertops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it hibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can nder compaction of the lagoon floor. NITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill, ench and aiea. In a trench landfill, the waste is placed in a trench. It is spread, compacted, and covered daily th a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive layers on the rface of the soil. The waste is spread, compacted, and covered daily with a thin layer of soil form a source away om the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of oundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES Endnote -- SANITARY FACILITIES --Continued PAGE 3 OF 3 09/22/98 on soil properties, site features, and observed performance of the soils_ Permeability, depth to bedrock or to a cemented pan, a high water table, slope, and flooding affect both types of landfill. Texture, stones and boulders, highly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches, a limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed. DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary Landfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste. ,oil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet ind dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a Landfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil )lowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough )ver bedrock, a cemented pan, or the water table to permit revegetation_ The soil material used as final cover for a .andfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than :he rest of the profile, and the best potential for plants. Material from the surface layer should be stockpiled for use is the final cover. tuts 3. (Cwr'd) SeLLd ing , Saran Ofap.-I ,tot Slope sit.. toads and Cams ad - --e Piratck L.% Sanitary Sycie lank Let-. )htit Soil flame and Phase Range a-4-cial Parktr :.and.e p-S v Ateae and C-Ping L.d FILL. Cr Carta• ugh poed. E b.h!®ant h hoap.tc lea 7-LVMod... t. a Moderate 4.a, Madersce a Severe 8 Hader.c. 3 Modern. a !federate a 5- 8 �3-. s `aderate 14. 12 19 Pd Pr-p.ct less 12-20 Severe 5.17 Severe i Severs a Sever. a,17 )agent. D Severe a Severe a 'Ss ere a (Sewn. a Imod.rate 14, 19 P. Pro.P.it stony Law 3-7 Moderate 14 Me.darwca 4.8 :"-- 14 Severe 14 slit.. Modest. 14 Madareta 14 Made,- a, Mod-r. d. iSever• 14.It 12 14 Ii 14 Pf prospect scoop for 7-12 Madatat. S,14 Magenta 4,D, Moderate 1.14 $-are 4,14 Slight Moderate 3, Moderate 3, Severe a :3eve- 9.14 .Sever. i , I- la 14 Fg Pro.p.ct story or - 0 Severe Severe a, DL Severe 3.14 Sews 1.14 Madera- a Saver• 3,14 Sewn S.L4 Severe A.L4 Severe 1. 14, Severe 14.11 Ph Prospect Stony lcr 0-4 Seven &.I& Saver. 4.1 Severe 1.14 Sewn ,14 Severe a Severe 9 14 Swore 8.14 Severe 3.14 Severe 9.14 S­ I-Z-.Tr 'Mfdarec. R b0: Pro.perc SILL low 0-3 Slight Mdet,ce 4.12 Slight Moderate 3, IS Mad.rate 9,15 Slight Slight Hader... 10 Moderate 11 L4, 19 •Severe 40% Tufftc silt low 0-3 Sevin 5.9 Severe 4.12. Sewn. 5 Sewn 9,15. Severe 9.15 Severe S. 9 Sever. 5,9 S.wr. 10 Slight 6.17. L5 11 I9 ti 60S Map- gilt loan Slight Modata,. 4.8, Sl Lgn. Moderate 5,9. Slignt S lint S i"t Moderate VO M. deraca It Moe.cate 1 , 12 IS I i9 40%Tuffic Sttc low 3-7 Sever. 5.9 Seven 4,11. Sever. S Severe 9, L5. Save- 9.15 Sever. S. 9 Severe 5.9 Sewn tO Red +..0 8 .Severe 6. 17, IS _ 17 _ _ _ _ 19 Pa 50% Prdeper. silt Law 7-20 Sever. 8.17 sear. 8 Sew- 6 sever. 6.17 Moderate 6.4. S--- a Severe I Sr•.ra a Sever. 8 Sever. 14,19 15 50s lwffit silt lee. 7-ZO Serer. 5,8,9 Severe 4,12, Sever. 5 Sever. 3.15, Severe I.B. Sever• 5, 8, Severe 5,4,9 Sever. 8,10 -Serer. 3 Sever. 6.L7, IS 17 17 9 19 A. I"- sLt. !a- Q-3 Severe 1,2 Severe 1.2. Severe 1.2. Seven 1.2. $evere 1.2. Severe 1,2, Sew- L,2 Sever. I,Z.10 Madera- L6 ,Swan 6,1.7 4 12 is is Is I6 &b tedocr ..icy clay Lea 0- Sever. L.1 1,2,6, S . , Severe evere L wn Se1,2. ver. Se. 1.2, Sewn 1.2. ev Sere L, n odc• sawL, .Li Mara16 Sw.s. 6.19 12 1s is is 16 8c livervash Seven L,2 Sever. 1.2 Severs L-:4 Save!• 1.2 Severe 1.2 sever. 1.2. S-. 1.2 Sevin 1.2. Se.ec• 1, t• Severe 11.19 16 16 Ib $e Lane -a Lkali land 0-5 Severe 1,2,5 Son- 1.2.4. Severe Save- 5,L5, Sever. 5.15. Sever• 2.9, Severe 1,2,5 Smc• 2,10 Slight S-- 6.U. 12 17 17 16 L9 Sh Sell. fine sandy 1;--0-3 Slight M6adaTat, 4,12 Slight Slight Stlgnc Sever• 11 Sltzh[ Sltghc Severe 11 Severe 6.l , l9 SC Sell. fir seedy low 3-8 Slight Mod.r.c. -.4, ilt4.t Moderate 8 Slight Saver. 11 Slight Moderate a Severe 3.11 are 6.I1, 12 19 Sd Sar- Stlt Low 0.3 Severe I Severe 1,12 Sltghc Moderate 4,15 Moderate L), Severe 2.16 mod ... c• 1,2 Severe 10.16 Stlght 5w.ra 6.17. 15 19 L Swar. .It, for 3.7 Saver. 1 Severe 4.L2 Slight Moderate 6,9, `,oderate 13. Moderate 2.16 Moderate 1.2 Severe 10.16 Madorat, a Severe 6. 77. IS 15 19 St So.ara .lity clay 0-4 Severe L Severe 1.4. Sever• i3O Save- 9.15 Sever. 13. L5 Sever. 2.9• S-r. 1,2 Severe 10.16 Slight Sere,. 6,17, 12 LS L6 19 st Sams silty clay tow 0.3 Severe ". Seven 4.12 Moderate 1.13 Moderate 1.15 Madarate 13. severe 2,L6 Moderate 1.2 Sere- L0,16 Slight Severe 6,17. 15 14 Sh Somas ailct tl.y low -3 S-.r. i severe -,12 Moderate :3 Moderate 3.3. Moderato 13. Moderate 2. Moderate 1.2 sever, I0,16 Mbaerace 3 S.vmre 6,17, 15 1s 16 19 Sk Stryker silt Low 0-3 $ware 1,2 Sewn 4,I2 Slight Modera- Z,9, Moderate 2, Severe 2,L6 Severe 2 Severe 2.10. Slight Severe 6,L1, 1s I3 13 14 1. Sa Stryker ,tic low (sally Severe 1,2 n ,. Slight coder+- -, , Maderac. 2, Saver• 2.16 Severe 2 Sewn Z.16 Mader- Lt. S-.re 4, , -berr.tue) 15 0.15 16 1) e Ytry-r aItcy eL., ter 0.3 Sever• 1.2 Severe 4.12 Moderate i.L3 Severa 9.15 Madera- Z. severe :.i. Severe Severe ., 0, Sl[gnc Severe 6.1., L3,13 t6 16 19 So Si- +lit 1.- 0-3 Severe 1 Severe 4.12 Moderate 1 Moderate 9, Moderate 13. 3- :.:b moderate L, Severe 10.1.6 Slight Severe , . 15 15 2 19 Sp lvi etit few 3-7 Severe 1 Severe 4,12 Slight Moderate 4,9, Moderate 13. Severe 2.16 Moderate 1.2 Severe IO,L6 MMd+race 8 Savate a•17• 15 15 t. S! Sri .City clay for 0-7. Sever. I $-at. 4,12 Madera- :. Moderate 9, Moderate 13. Severe :.16 Modarac, 1.2 Severe 10.14 Slignt S••.era 6.17, Is l5 LS :) T. 40% T.11y fir seedy for 0-3 Stir, Mad.rat. 4.12 Slight Slight Slight Severe 11 Slight Slight ,S... - It •Severe 6.11 30% Blanchard very fine 0-3 S1L6nt Moderate a Stlght S114h1 Slight Sever, :_ Slight Sit,., Severe it tSevere 6,1t1, -dy Inv :4 30% Plathod fine wady 0-3 Slight Mder.t. 4,12 Slight Slight Slight sev.-e 11 $Light Slight Moderate It 14odaraca 6,13 Lea Th Tails, ataoehard and 0-3 Pt.eM•d fis. vtd evaded (Seed rattne a iv. agave for as ..it •modaeau T _) T. 502 Ta LLY fi ..dy ion. 3-7 Slight .,a, Sltghr Modal- 3 Slight Se.... 11 S1Lghr Mod.r.c. d Severe It S-re 6.11, 12 14 30% 11-here very fla 3.7 Slight Mod. re- 4.8 Sl�ghc Mderat. 8 Slight $ever. 11 Slight Mager- 8 _Seven it Severe 6,11, eddy lea 19 207. P1atMtl fim sandy 3-7 Slight Moderate 4,s, Sltghc Moderate 3 Slight - $-at. 11 Slight Mader.- S Moderate Salt `foder.c• 6, IS loan tl Td sells, U er +r6 . -3- Plashed veils, vld eroded tiro racLhg a gtv.n ,►ova for -1 w It Tc - _ - _ . - . ) T. 60% Tatty fig udY Lor 1. 2 yper.ce 4, 17 nodes•- 4.4. Moderate S $-are S,17 Modes.. 8 Save- :1 Moder... 8 • Moderate 3 Severe Salt Saver. 6,11. 12 • 19 20Z 81-kard wry fine 7-L2 7oda-I. 4,L7 Moderate 4.1,•Mderate a Severe S,L7 Moderate 4 Sever, U Mtod.ler. 6 Madera-3 ,Sever, 8,11 S-*r. 6,11. 1 lea 12 i9 207. tlathe.d fir andy 7.12 Moderate 8.17 :aderata 4.4. Moderate 3.17 Severe 9.17 moderate 8 Severe 11 Moderate 3 Moderate 4 iSevere a . Severe 4. IS log 12 Tf IalLy, 31aetha.4 •od Pisthed wits vld eroded (S..e nc:nga a given a.dv to rp4l++i unit T. _ _ - _ _ •;Serer. Tg an T.IIv flea udy Low 12- 0 Mod.r.ca d,it •were ,L Md.m 3, 17 Severe el• mod.r.ce Sever. 4, Ll Mtod.rat.• Severe D ail 'Severe Y,l , 30% 31-u rd fir ..d 12.20 Severe 3.17 Severe 3.17 Sew- S.13 Yew- 1,13. Madera- 8 Severe 6. 11 Modes- 8 Severe s IS-. 9.11 l9 (Save!. 6.11. 17 17 i9 LOZ Pla-.d ft. ..dy 12.20'Moder.- 6,17 Mad.-t. 4.1, H.4-at. 3,17 save- 1.17 Madera[. 8 Severe 3. 11 M. d.rete 8 saver. a �Sw•n 4 �Moe.r- 6.18 Ioa 12 Th SOt Tufflt .,try clay 0.5 Severe 5,9 .Saver. 4,1Z. Severe 3.13 Save- 9, 15, S-r. 9.15 Severe 5, 9 �J-re 5.9 Severe LO 'flight !Severe 4,17, L5 17 ( 11 50% Some- .ilty clay tar 0.5 Saver. L Severe 4,12 Moderate I,L3 Moderate derate 9.15 Moderate 13, Savers 2.16 v d- M.r.L,2 Severe 10.16 Slight Sw.n 6.17, IS 1. We Waits cobely silt 1- 0-3 Moderate '14 Moderate 4J2 Moderate 1.4 Mdonea IJL Slight `odera:. L. Moderate 14 Slight Mod.rr.ta mod-i. , 14 I) Wait* tobely Silt loee Mode-- 14 Moderate 1,1 Moderate 14 Saves 9.14 5/t8.t Md.nte 14 Saver• 14 Madera[, 4:moderate S. ' rat. , it 14 t9e We Watt. Silt bee 0-7 Slight Moderate 4.12 slight Moderate 9 Slight Slight Slight Slight Moderate It .laden to 6, 14 Had W.u. gilt I.- (f...) 0.4 tttght Mfdant. 4,1Z Slight Moderate 9 Stlght Sltgnc Slight Slight Mod..... Lt i Mode seta , ' la We Watca stony silt low 0.7 Mfod.rac• 14 Moderate 4,12 Model- 1a 3-.r. L4 Sltghc Moderate IL S v... 14 Moderate 14 Mod-1. it. Severe 14, 19 l4 wf W.i" -y it, low 7.12 M, ..... 5, 14 Masan- 4.2. Madera- 1. i4 $ever. 3.14 Md.rac. 6 Mden- 9.14 Sava- 14 Mod.nc. 4,14 S.vare 5, 14 ' Ser•ra 14,1 12 Wg W.U. at-. it, Luse 5 Save- ,la Sever. 9.11 Sever. S..1 Sever• J,14 Seva- J Swore ,:c severe S.14 Save ra 8. 14 Say.te 8.14 Sever• la, TV- t Wh watt. * any $tic loa. 0- Mod... to 14 Mod..,- 4.'a Madera- :4 Lverr la slight Md.r.ce 14 S.wra 1. Mae nu I4 ModeNte ii, Seven I [.na 1a i , Wk 60t Zits stoat' .lit Law 0.7 IModel- La wda-u 4,12 Males at. to Sever. 14 SLLant Mod.ret. 14 Sever. is MM.r- 1. Me..... ll. 3.v... U.1f 40X anon eve 11 Ina •SII ht !I, 311 ht vod grave ca 1W eras• I Sli ht twere ;7. 16 `kderate 14 Slight 14 MSw ate 11.14 �wer• 11 SL we Watt, .t.ey Slit :er •II�Mnd.n- .lG ,`id.n- gaga MV.n- Bala 12 Sw ere 6, 14 Mader ace Mder•t, d.14 sewn u-`bd•!a-ia �14.sw.r�i ,ta saw- 14.0 W% K,-.• greedily 1.- 7_12; rd.nt. 5 MWer C. a ihWar.. tale Sw.re 8.14 Mad-... 4 save- .1, 14 Mus.rat. 8.14 Md• t. 8 iS- $.Lt• 11.14 �Yever. 1. (Sever. We 50t wait* .reef at lc Loa 12-a015ware a.14 Swan D,I4 See,- 8„4 Saver. 4•14 Severe Severe S. 14 Severe Belt ,14 ,Severe yewt,It JO'1 iraa• gravelly tog 12.40'Saver. 1 Severe 4 Save re s Sever. a S.r.r. a Save- 4, 11, Sa..ra s Severe 4 tali, i Sever. It. :4 13were 14 27 490 North Meridian Rd. Kalispell, MT 59901 (406) 751-4580 FAX: 406-257-0349 DV324 98.wpd October 9, 1998 Steve Kovnbt Flathead Regional Deydoprnent Office 723 Fifth Ave. West Room 414 Kalispell, MT 59901 Dear Steve, My staff has renewed the propoaod Master Plant amendment by Ball Lincoln for the property on both sides, of Conrad Drive in the area of the Stillwater and Flathead River. The following are our comments. Wildlife The braided section of the Flathead River from Old Sted Bridge to the Stillwater confluence if one of the most emeptional wildlifie areas in the lower Flathead River system. This is due to the complex of dumndls, islands, and intact habitats that exist along this river section. The area was first recognized by Owen Sowe rwine in the late 1970's when he proposed that the Montana legWatwc desagnat+e the school trust lands along this section of river as a state "natural area". As a result of his efforts, the state did create the fast and only natural area in the state just south of the proposed project; it was aptly named the "Owen Sowewine Natural Area" and it is currently leased by the Flathead Audubon Society. During the 19Ws FWP intensively investigated the fish and wddlife habitats of the entire Flathead River main stem from Columbia Falls to Flat =d Lake to detaraene the effects of hydroelectric projects on wildM habitat. The results of these sti veys and 'inventories again indicated the ad remely high wildlife values contained within the braided portions of the Flathead River, and in puticular, this stretch of river due its isolation from town and its nutnerous channels and islands. Key wildlife species which could be impacted by the proposed developments include those most tied to river banks and the deckhwwlcondbrous forest and shrubby cover associated with these riverside habitats. These species or groups include river otter, beaver, mink, osprey, bald eagle, nesting owl, shorebids, migratory songbirds,cavity nesters such as wood ducks to name a few. FWP has wmdy purchased two Wands just south of the Foposed jxvied bemise of their' wildlife habitat and public open space values. FWAng Access Site located at Old Steel Bridge. These we shown on the anadied maps. In addition, with support from our Wildlife Mugation program for Hungry Horsei we hm worked with private lard truce to encourage conservation easements along this section of the Flathead.We have also to provide biological and reaeatiotial information to the g office as part of the city-county Mash Plan update. For that we nuffed the most important wildge habitat areas along the Flathead and stressed their uni ,not only within the planning am but within the Flathead basin as well. The 'on"between Old Steel and the Stillwater is a natural"open space arW due to its ,the terdeacy of the Flathead to mcyve across its floodway and mde and create Wands, of existing public ownersbip already ed g on the degree and kind,development could greatly diminish the wildlife haWat integrity of this unique area. ftherim This pwposal is situated in an am that is very hydrologically active. There is a gradient break that has created a major depositional zone(from Pressentine Bar to the Stillwater River)that is charwwrized by active lateral movement of the river channels and flooding. Parts of the subject property have experienced substantial flooding several tithes in the lase decade. It does seers logical that development in these dynamic rives areas could include land uses such as RV Parks and golf courses that require few or no structures; where people can moved our of harm's way. However, expuience at Buffalo Hill Golf Course and Spruce Park RV campground shows that onm h6lities;are in are not content to reftw and will call on government and private resources to try and fight the river. We are concerned that as a depositional zone, the soils consist of porous rock, sand, and gravel. Chemicals, herbicides, and pevoleum,products used in the propoW development could readily eater the pound water. Judging from information in nearby Evergreen, 3ubsunces is the groundwater can move very mpidly into the Flathead Rives and Lake where they could impW water quality. If you have any questions, feel free to contact Jim Vashro, Gael Bissell or myself. Sicerely, Regional Supervisor c: /gb/cwl. 070 COADJUNnY RIVER CONNEC77ONS PROTECTED WELL EVER, ar LON w. {' o \` � •y-I 4 �. fir' _'t`1 }-.".� �.,� � �,��' �i/.r-��.y1 t / /,�"-r' Ir - , �- ! Qom: r.•; � �`- ,,; — �.i Ar ice{ ` � � � t' � i - . _ '`�► -7 ~— tom. .�_ BND AM � Aooetr J%v _Xalft � g � t A a M �za� Public Information Officer 33 Second Street East Kalispell. Montana 59"1 406.75 1 406.75 Fax e-mail: ft—Adigisyswet �m Steve Kountz, Senior Planner Flathead Regional Development Office 723 Fifth Avenue East, Room 414 Kalispell, Montana 59901 Re: Bill Lincoln Master Plan Amendment Dear Mr. Kountz ..;, OCT 13 1998 F. R. D. O. Executive Director Office of the Governor Capitol Station Helena, Montana 5%20 406.444.3111 406.4445529 Fax This large scale "Resort Commercial" development proposed for acreage east of Kalispell adjacent to the mainstem of the Flathead River and the Stillwater River is fraught with many troubling environmental concerns that relate directly to local water quality issues. Simply put, rivers are the next frontier for commercial development in the Flathead, given the paucity of affordable take frontage in the region. Rivers, unfortunately, are often ill suited to development of any size or character, especially large scale project. One need look only several miles upstream on the Flathead River to areas that have been subjected to frequent flooding and erosion. The foolhardiness of selecting property for large scale development that lies within the flood plain speaks for itself. The presence of a large number of vehicles poses the additional problem of contamination by oil, antifreeze and other fluids of surface and groundwater sources. Such proposed amenities as a golf course present additional concerns. Given the intensive management required for golf course management, including above normal levels of fertilizers and pesticides, this type of land use can have troubling effects on ground and surface water quality. On the whole, this region of the Flathead Valley has a very high water table and a thoroughly documented [University of Montana Biological Station research] interconnection between surface and ground water sources and the river. Mistakes made are not isolated in their impact, but quickly influence a vast network of surface and ground water sources, including the Flathead and Stillwater rivers. Hopefully, others have addressed such equally important issues as increase in traffic and related safety, pollution and noise concerns; the impact on communities of wildlife that have traditionally benefited from the area's current undeveloped nature; the incompatibility of this proposed use with the character of low impact recreational activities that have been historically pursued in this region of the Flathead and Stillwater. In the interest of maintaining the highest standards of water quality possible, the scale and use attributes of this proposal must be considered very carefully. a 6n �D� Public Information Officer DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING der COMPLIANCE DIVISION WATER PROTECTION BUREAU MARC AACICOT, GOVEaMA Meteati %ildlag --- STATE OF MONTANA Phone: (406)444-3M Fax: (406)44-1374 October 13, 1998 Flathead Co. Commissioners Flathead County Kallispell MT 59901 Subject: Bill Lincoln Master Plan Amendment/2 River RV Resort near Commssioners: PO Box 20MI Heh" MT 5%20-Mi The following are some brief comments regarding the subject proposal relative to water quality and related issues: 1. Infrastructurc placement in floodways/floodplains can adversely effect water quality by directly contributing various contaminants (oils, nutrients, herbicides, pesticides, etc.) to surface flows that leave the development site and enter stair waters. Indirect adverse effects can also result from affecting the river's ability to access it's floodplain and the probable eventual hardening/riprzping of river channels to protect the infrastructure will also b- a concern. These activities generally increase river energy and contribute to irnTeased bank erosion which in turn contributes to increases in river sedimentation and turbidity. The Stillwater River is currently identified by the state and F.PA as a water -duality limited water body with some of the probable causes of the impairment being nutrients, pathogens, and siltation. 2. Wetlands/riparian areas may be adversely affected. Mitigation for impacts to wetlands that cumulatively exceed 1/3 acre will likely be a permit requirement. Replacementimitigation in riverine wetland areas is extremely difficult, because one of the critical functions that needs to be considered for replacement, is the loss of floodplain functions. Generally. conversion of upland areas to floodplain areas is the only way to compensate for the impacts. These conversions are usually cost prohibitive for large areas. 3. Related issues - Loss of wetland/riparian habitat will likely be a concern of the U.S. Fish and Wildlife Service (USFWS), because the project area is one of the highest use areas for Bald Eagles. Also, t.1SFWS usually objects to projects that may affect natural fluvial processes in river systems, especially when Bull Trout may be affected. -M eaw" or►oRrwlrr ewL0Vr*- Thank you for the opportunity to comment. Sincez�iy._,.__ 4 Jeff Ryan Water Quality[Wetland Spec:iulist cc: Rob Hazelwood, USFWS Allan Steinle, CDC; Dick Blodnick, EPA