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It's

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probably the best road to see the hills downstairs or at the top of the hills.

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He used to have a guy. His name was Chismo.

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He kept on saying

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I never shared that. He told me he told me.

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Yeah, yeah,

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I got bull blown.

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I was wondering why this guy was feeling

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right? He said to protect your old fellow. I got it.

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You could shake him. I didn't even know

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I was on the

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garage.

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I think he

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never talked to the sheriff. I don't think I know I talked to. I'll get him it, but.

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Hey everybody, thanks for being here tonight. If you'd please join me in the pledge

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of allegiance. Thank you. The pleasure to the flag of the United States of America

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and to the republic of which he stands, one nation, one God, indivisible with liberty

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and justice for all.

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Thank you very much. Yeah, we're gonna do a roll call of our commission. Commissioner

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Reard here, Schrader Young here Pardini here. We are missing, uh, Commissioner Hawley.

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He is unwell. McDonald unwell, and Jen likely still working. Commissioner Ruglas.

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All right, that brings us to agenda item 3, which is approval of the proposed agenda.

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Can I please have a motion from the commission? I would move to approve the proposed

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agenda for the, uh, public hearing. Thank you very much. Uh, can I have a second?

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I'll second that. Thank you. We have a motion from Commissioner Reard and a second

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from Commissioner Schrader-Young. Any further commission discussion? No. Any public

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comment on that? Anything else could you move your mic a little closer? It's not

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a mic. It's a recording device. No, can you talk louder? Can you talk louder? We

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have 3, but nobody was. All righty then, seeing none, we will take a vote, please,

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Commissioner Reard. 4 Schrader Young 4 Pardini 4 and there are 4 that motion carries.

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Thank you. Uh, agenda item 4 is public comment on significant matters to the public,

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not on the agenda. So if anybody has a public comment on anything that's not on our

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agenda tonight, please come up to the podium. I need your name and that's all I need.

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Yeah, we're on the agenda.

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In the line, Chief Manager. No, ma'am. All righty, Chief Man seen them, then we'll

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move on to agenda item 5, which is to open this public hearing. This is a hearing

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of the City of Polson Commission. It's a public hearing. Agenda item 6 is the Southern

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Slope Subdivision, and tonight we have Community Development Director Robert Eddington

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and City Attorney Dave Mickey.

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Good evening, uh, commission, members of the public, fellow staff, uh, thank you

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for being here tonight.

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I'll begin here quickly with the staff, uh, just a real brief overview of the staff

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report. For the southern slope major subdivision. OTB Development, represented

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by Tracy Yost and Park Shera is proposing Southern Slope Subdivision, a major subdivision

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creating 90 lots in 3 phases within the low density residential zoning district of

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the city of Polson. Joel Nelson. Geo planned is acting as the applicant's agent.

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The proposal includes extension of municipal water and sewer, public streets, pedestrian

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routes, range facilities, and public park to be dedicated to the city and maintained

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by the landowners association. The 56+ acre property is west of Skyline Drive

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off of Skyview Lane, and the applicant, um, there's a legal description as well.

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In the application, you'll see a proposed phasing plan with phase one to be completed

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in late 2027 to 2028, for two years or so with 41 watts. Phase two is

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approximately 5 years from preliminary plat with 34 watts and concludes with the

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final 15 watts approximately 7 years um from now in 2033.

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There's a, a background of the property history. Um, the property was annexed via

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Ordinance 617 in February of 2006. There was a previous subdivision, uh, with

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49 lots that obtained preliminary plot approval in 2007. And it was proposed with

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neighboring Skyview subdivision in 2005. Um, that subdivision obtained final plot

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approval in 2009. This subdivision received several extensions but formally expired

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in 2017. You'll see an application timeline, a discussion of expedited review.

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Under changes in state law, um, which the city commission. Adopted in

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2025, Southern Slope um allows for expedited review. If the

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subdivision is subject to a growth policy, municipal zoning, and proposes extension

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of public water and sewer.

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Eligibility also requires compliance with adopted zoning subdivision and infrastructure

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requirements and is exempt from an environmental assessment in the primary subdivision

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review criteria outlined in Montana code. Pursuant to a Montana Code

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annotated 7636255 and C, the commission must approve the application unless public

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comment or other information demonstrates non-compliant. Compliance with adopted

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zoning, subdivision design standards, and other applicable subdivision requirements.

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There's a discussion of the growth policy. Um, and phased development, when a proposed

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subdivision is proposed in phases, the governing body shall review the overall pulmonary

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plat and phasing plan identifying the lots required improvements, and proposed final

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plat scheduled for each phase. Each phase must be functional, um, with access to

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pedestrian facilities, fire protection, water, sewer, etc. Later phases may use improvements

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completed in earlier phases, but no phase may depend on future construction to function.

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And there's also discussion of the final lat and construction approvals. Under staff

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analysis you'll see a discussion of zoning, um, the property is mentioned earlier

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located in the low density residential zoning district, um, there are certain standards

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there, um, this proposed division complies with those standards. You'll also see,

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um. There's an engineer certification in there, uh, a memorandum which

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addresses hillside development, lot coverage. Runoff, slope stability, and erosion.

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There's a discussion of blocks and street connections. The development code requires.

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Consideration of safe circulation and topography and limits block length to 1600

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ft unless compliance is impractical. The staff reviewed the four proposed lengths

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which exceed, you'll see those lengths in the report here which exceeds 1600 ft and

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finds compliance of practical due to the topography um and layout uh within the subdivision.

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There's a discussion of roads, traffic, and pedestrian access. All lots or parcels

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within a development shall have safe access to dedicated street or road that complies

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with the City of Polsen standards for design and construction. Um, there was one

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amendment to the preliminary plat, so you may see this in a few of the materials.

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Um, there was one road that needed to be designed to meet the maximum standard of

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8% slope. Uh, when a subdivision is anticipated to generate 300 or more average daily

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trips, then the subdivider shall provide or submit with a preliminary PLAT, a traffic

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impact study. You'll also see that as well. Um, the application materials include

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that study estimating 849 daily trips at full development and recommends site, distance

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and warning sign measures.

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Included in the proposal is also extension of municipal water and sewer. Along

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um with a stormwater drainage plan. The proposal includes grinder pumps with

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a force main along sky view, etc. You'll see the full discussion. There's also a

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discussion regarding drainage, flood plain, fire protection, um, park dedication.

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The applicant proposes a park in the southwest corner, uh, approximately 3.9 acres

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in the lower corner of the subdivision, um, during phase one. The park would be open

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to the public and maintained by the landowners association. Included with the application

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includes um some covenants and uh land a homeowners association.

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Phasing plan and operation. Also included our proposed findings of fact and regulations,

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as well as recommended conditions of approval. As with these conditions, these are

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all associated with um regulations that we currently have. So this is just um stating

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regulations that we already have um in the books. And uh the item was properly

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noticed. That included two notices in the Lake County Leader for new. Um, public

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noticing laws and the item was noticed for a minimum of 15 business days as well

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as, um, landowners within 150 ft were notified via certified mailing. Um, you'll

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see the certified receipts that were returned. I believe one came in today which

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is not included in here and there's two that were, uh, um, that came back unable

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to send, um. So, and, In the application, uh, online, you'll

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see it's 425 pages PDF so there's a lot of material there, but real brief, there's,

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um, a preliminary plat and supplemental plat with topographic intervals. There's

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a phasing plan. There's a discussion of zoning, a park plan. The adjacent um

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mailing addresses and the property owners that were certified entity comments, um,

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a title report covenants, preliminary bylaws, construction plans for the roads, drainage

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and stormwater design report design report for also water main extension sewer main.

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There was also a geotechnical investigation report. Traffic impact study flood plain

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and concluding there was also um there's no irrigation rights associated with this

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so there was additional information there so that concludes the staff presentation.

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Excellent thank you Mr. Eddington. Do you have the developer here um. Lenience here

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so yes.

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I guess that would be me. I don't see many from our team here. But I'm Joel Nelson.

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I'm from Geoplan, that's my company, the project planner. I'm based out of Folsom

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area. The owners are Parkhara and Tracy Yost of OTB Development. We got our

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surveyor here, Jack Duffy. Um, there are 2 engineers on the project that

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prepared the material. Um, there's, they're from, uh, Evanson Engineering and Consulting.

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We also have a like a development manager John Looper of Enda Development Services.

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And then there's additional team members that are indicated in the application. So

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we are excited to bring this forward to the city of Polsom. Um The subdivision, the

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Southern Slope subdivision as it is today has been basically a year and a half in

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the making. But like the staff report says, there was a preliminary approval back

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in 2007, so really the project is about 2020 years or so in the making. So what

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we have before you today is proposed 3-phase subdivision that includes 90 single-family

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residential lots to be plotted over the next approximately 7 years. This is like

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Rob said, it's somewhat of a new type of subdivision known as an expedited review

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subdivision. And those types of subdivisions are somewhat unique in that they

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They allow some benefits of the legislation that's been done over the past 10 years

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that were intended to ease some of the typical burdens of subdivision review. If

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a development complies with local policies, regulations, and standards which the

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subdivision does comply with those. We're not claiming that this is an affordable

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housing project. Um, but by complying with the new expedited review requirements,

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the costs and time associated with preparing an environmental assessment are reduced

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and the focus. Of the review is to meet the city's standards and plans. Uh,

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typical subdivisions you're looking at mitigation of impact. You're looking at a

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very impact-based review, but with these expedited review subdivision, that's not

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the case. The idea is that if it complies with the city's requirements, it should

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be approved and not subjected to a more subjective review process.

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So With the Expedited review process and the the phasing with the new

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phasing allowances used to be you'd have to get a subdivision approval that was good

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for up to 3 years and you could extend it multiple times.

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Now these things can go out 20 years, making a project like this more feasible, and

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this subdivision is expected to take about 7 years to complete.

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So Subdivision like this provides an opportunity for use to use a review and

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development tools specifically authorized by the law and of course the city of Polson.

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There are several practical benefits to both the applicant and the city and the community.

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Um, it's a more efficient review process. It reduces unnecessary time and expense.

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But we still make sure it complies with the applicable zoning standards, subdivision

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requirements, infrastructure standards, and other public health and safety requirements.

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Um, being a phase development, it's a practical way to construct a larger subdivision

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like this in a, in a logical sequence. So rather than developing all the infrastructure

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upfront. This can be done it can proceed in stages as the as the project develops.

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We'll come back with. The later phases after 5 years. This all It all

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reduces upfront costs and allows infrastructure investment to better correspond with

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the the actual pace of development.

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Um Like I say, it's not an affordable housing project, but reducing those costs does

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make. For a legitimate benefit being lower, lower cost and making it more pra practical

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for the property to to be developed and offered for reasonable pricing. But we also,

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like I say, we ensure the city's requirements are met. It complies with all the long-term,

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long-range planning items like the growth policy, the zoning that implements the

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growth policy, etc. Um, it's kind of noteworthy if you're shopping around for a

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residential lot like this in the city limits. There are about 16 on the multiple

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listing services. There's more in the in the surrounding area that require. You know,

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on-site wells, sewer, etc. But there's not much that's considered relatively attainable

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for housing. These should be relatively attainable lots. And if the city wants to

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grow and ensure there's there are places for future housing projects like this that

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are done rightly to succeed through the city's procedures. Uh, we've all gone through

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the team, we've gone through the staff report recommended conditions. There's a couple

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of discussion items like street maintenance and the potential provision of a of a

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bus stop. Uh, there's a condition that states street maintenance alternatives require

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a decision, and that's not entirely clear, but the proposal is to dedicate the streets

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to the city. And then the city would take over maintenance or establish a maintenance

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district which is outlined in city codes, but we do have draft covenants and bylaws

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that address steep street maintenance, and then that the city rejects that proposal.

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Regarding a potential potential bus stop, I did talk to the. or the Polson Schools

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District transportation director Mike Anderson about a year ago and he said there's

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no, they don't offer bus services within 3 miles of the city. But I think we could

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probably talk to them again and if necessary get something in writing from them that

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outlines that's school district policy. Um, again, we should probably discuss more

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about street maintenance, but other than that, I think the staff report covers it,

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the conditions of approval cover it. Um, don't see any additional team members here,

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but we appreciate everyone's time and interest. Look forward to your feedback.

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And we of course look forward to moving ahead to the next steps. So if there's any

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questions for me or the team, please don't hesitate. Just thank you, Mr. Nelson.

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Pull me up. So when would we ask those questions if we have questions for you? We're

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gonna do our public hearing, then our, um, full meeting tonight, and then you have

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opportunity for public comment. Sure, thanks. Thank you. Commission, any questions

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for Mr. Eddington or Mr. Nelson?

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Yes. Mr. Greer.

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The proposal is that it connects with Skyline Skyline Drive, which is our Skyline

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Lane, maybe Skyline Lane, which is already in the adjacent subdivision, correct?

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Yes. And is there a plan to basically cut off having to go

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the entire way through that subdivision in order to access the new subdivision through

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Skyline Lane because as it right now you have to drive all the way through basically

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to get there. Yeah, it's my understanding that this would allow through traffic from

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a continuation how it was originally intended um when they constructed it right now

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it's a dirt road and you can go through there but you know this would uh it's my

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understanding during phase one that would be constructed to city standards.

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Just the new part, uh, the new part, yes, OK, and there's no, no plan to cut

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off the entire loop of Skyline Lane that's in the adjacent. Subdivision to make

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access to Mission View Drive and Skyline Drive. Yeah, it would be dedicated to the

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public and so my understanding there would be full public access, um, going through

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from start to finish both directions.

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And Skyline Drive is a city street. We have jurisdiction over any signs, traffic

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control that would need to be added to accommodate new traffic, correct. So we don't

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have to get approval from the state of Montana or from Lake County to do that. That

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is correct. Uh, the city street extends to a parcel of the canal. Just lie back.

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I was And and looking at Mr. Mason's Letter

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on water and sewer. I I thought that there was a whole lot of room for denying capacity

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at a later point, is that

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I know with our sewer lines, with our sewer system, with other areas, we've run into

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uh service line inadequacies that require upsizing in order to accommodate new development.

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Is that a possibility with this sewer line? Um, it will need to go through. We're

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currently in the process of updating our sewer. Professional, the PER, that sewer

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report with capacity, etc. So, we're willing to serve the subdivision, but they'll

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need to demonstrate that there's adequate, adequate capacity, including any pinch

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points or restrictions that may need to be updated. That will all be identified or

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clarified during the engineering portion, The review and so that may mean that we

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that as a condition of approving final plants there may be a requirement that sewer

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mains be increased in order to accommodate the additional flow. Yes, if that's determined

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during the engineering review. OK, and it's going to be a while before that information

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is known and available. Um, uh, I know we're working on the sewer PER

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and that the goal is by the end of this year on that portion of it, um, and that's

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with HDR engineering in regards to the, uh, the engineering review timeline. I don't

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immediately have that in front of me, how long that's gonna take those, but, um,

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I would assume we would have an answer by. Uh, by their proposed timeline here of,

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um, late 2027, early 2028, so, and Would this

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sewer be transmitted through, we, we, we currently have an inadequate line main down

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by 93 along the lake, correct? Uh. That is my understanding based on

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the 20 2019 report. Um, it, it's adequate, but it would need to

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be upsized for a significant additional flow. OK. And would this sewer be routed

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through that line, uh, a small portion of it. OK. So there probably is going to need

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to be upsizing in order to accommodate this that I would need to verify with engineering.

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OK, so and water we currently have some um Water

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uncertainties based on the fact that one of our wells is pumping sand and also based

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upon the fact that we have um a challenge to some of our dormant water rights

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through a reservoir, Pilroyan Reservoir, correct? Um, it's my understanding that

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we have sufficient, uh, water supply. Now, there is one of the wells, um, that you

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are correct that is pumping sand that's Currently not producing, but um we have placed

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another well online, well 8, which is a significant um producing well. There's also

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some other changes in technology. I noticed there was an outage a number of years

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ago and that some of those challenges have been due to aging infrastructure and our

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ability to detect those. Um, we have been. Upgrading our ability to monitor our current

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water mains, and I actually had that discussion with the public works director. Um,

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you can pull up on the phone now and see how the, the water mains are functioning,

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etc. and so we're better able to address those before, um, those outages come. So,

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so it's not a function so much of, um, the supply, but rather the infrastructure

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that's aging and may need maintenance. OK, and, and. Just like the sewer, it's probably

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subject to determination at a later point as to whether there's going to be capacity

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with current infrastructure to supply without further upgrades. Yes, that would be,

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uh, subject to HDR Engineering, our city engineers review, and developers responsible

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for upgrades. Correct? That is correct. OK.

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So, so this is Carolyn, um, I have those same general, I have those questions about

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water and sewer, but then I have those same general questions about stormwater because

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that.

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That developments on the far side of the moraine from where our stormwater on this

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side of the moraine is going, and it's, it looks to me. Like it's going right into

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the hell roaring ditch. Which then is going right into Pablo Reservoir.

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So, um, and there's something in the plants, I, and I don't mean to be disregard

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disrespectful when I say something in the plants. In the plants they're, um. Is

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a, a plan to have a catch basin, a retaining pond, whatever you wanna call it, but

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that is still gonna leak. I mean, that's what stormwater does is leak and um it is

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a glacial moraine. It has pretty good perk. So where is that stormwater gonna go?

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Um. I, what I can tell you is that there is a design report from the engineer. There's

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conveyance, um, structure as well as, um, some retention ponds as to what degree

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of those retention ponds, whether that's designed to infiltrate, um, as some are,

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or it's designed to evapotranspirate, um, sitting there, um, I did not thoroughly

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read those because that's subject to engineering review, um, so. That would ultimately

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be a question for HDR engineering, um, but also the, um, both the, the water

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wastewater, stormwater, and solid waste which is typically a, a moot point there

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because municipalities are provided. Um, there's service providers, um, all those

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are subject to DEQ review. So, so, and part of my concern on that, oh, I lost my

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train of thought when I say conveyance, like conveyance, conveyance meaning. Getting

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water from where it's collected on the water in the ditch to um there's some piping

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structure underground from the various parts of the subdivision, some piping that

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go to um their retention ponds. Mhm.

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And those have to comply with the state DEQ regulations. Yeah, yeah, uh, there's

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standards in our city of Polson stands for design and construction as well as the,

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uh, Montana Department of Environmental Quality. So typically, a review like this

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would go first to our city engineers, review our specific standards, and then they

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would go on to. DEQ, the city engineers would provide a comment letter, what needs

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to be addressed or their approval, and then it goes on with DEQ and, and that review

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is gonna take place in steps as more detailed construction plans are provided, correct?

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Correct. OK. I, I have just one more clarification, and I think this might be for

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um Chief Simpson and for Laura, but the people who are here, many of them have a

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piece of paper in their hands. I'm guessing that some of them wanna make public comment,

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but that you would like that to happen during the meeting, is that correct, Laura?

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I have one minute left. In this public hearing, so that'll have to be continued.

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I just wanted to make sure that they knew they were gonna get a chance to talk or

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not.

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All right, so that's thanks for pointing that out, Carolyn. Um, 6 o'clock, so we're

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gonna close this public hearing. Don't take a vote for. Mhm. OK, just give me a minute.

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Would you want me to make a motion just clarification that. They're resuming the

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public comment during the regular mission meeting, which you have a right to public

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comment there. We're not, nobody not letting you not speak. It's just the other meetings

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will start at 6, so they're just trying to keep it in time. Thank you, Mr. Mickey.

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All right, I, I moved that we closed public hearing. 2nd, 2nd motion from uh Pardini.

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2nd from reared commissioners all in favor. Say hi. Hi. All right. Public hearing

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is closed, but we're moving on to our city commission. Give me a minute. Give me

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a minute. 1 minute. Get a breather. I