I3. Reso 5977 - Prelim Plat Ext - Northland Ph 5CITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Director
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Northland Phase 5 — Request for Preliminary Plat Extension
MEETING DATE: June 15, 2020
BACKGROUND: This is a request by WGM Group, on behalf of Bridgeland Development, LLP to extend
the Major Preliminary Plat approval for Northland Phase Five for two years. The preliminary plat for
Northland Phase 5 was approved June 5, 2017. Condition No. 2 of the preliminary plat states that "the
preliminary plat shall be valid for a period of three years from the date of approval," which is in accordance
with 28.2.06(E)(7) of the Kalispell Subdivision Regulations. Accordingly, the expiration date for Northland
Phase 5 is June 5, 2020, which has since passed. Typically, an extension request shall be received at least
30 days prior to the expiration date. The applicant has provided a letter requesting a plat extension under
the Governor's directive implementing Executive Orders 2-2020 and 3-2020, which frees council from
associated deadlines for approval of land use matters through the Covid crisis. Though the directive of
relaxing the timeframes was to allow governing bodies additional time if they were not able to hold a
meeting to approve requests, it will still allow for the extension to move forward without violating the
extension timeframes, should Council elect to grant the extension.
The applicant has been under construction and is ready for final plat for a portion of Northland Phase 5 at
this time, as all of the necessary public infrastructure has been installed in accordance with City design
standards. Provided Council elects to approve the extension request the applicant will be submitting a final
plat application for their consideration at a coming meeting, further allowing for building on those
associated lots. If the extension is not granted the applicant will be required to go back through the Major
Preliminary Plat process prior to final plat approval.
RECOMMENDATION: It is recommended that the City Council approve Resolution 5977, a resolution
extending the Northland Phase 5 preliminary plat for an additional two years.
FISCAL EFFECTS: Positive impacts if approved.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5977
Extension Request Letter
Governor's Directive
Aimee Brunckhorst, Kalispell City Clerk
Report Compiled: June 9, 2020
RESOLUTION NO. 5977
A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY
PLAT OF NORTHLANDS SUBDIVISION PHASE 5, LOCATED AT THE WESTERN
BOUNDARY OF NORTHLAND DRIVE IN SECTION 1, TOWNSHIP 28 NORTH, RANGE
22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for
Northlands Subdivision Phase 5 on June 5, 2017; and
WHEREAS, WGM Group, on behalf of Bridgeland Development, LLP, has requested a two-year
extension to the preliminary plat of Northlands Subdivision Phase 5 due to the state
of emergency caused by the Covid 19 Pandemic and under the guidance of the
Governor's Directive regarding deadlines; and
WHEREAS, good cause exists for the request for extension by WGM Group and it is in the best
interests of the city that the extension be given.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the application of WGM Group for a two-year extension of the
preliminary plat of Northlands Subdivision Phase 5, Kalispell, Flathead
County, Montana is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 15TH DAY OF JUNE, 2020.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
WWGMGROUP
Community Values. Inspired Futures.
June 5, 2020
Jarod Nygren
PLANNING DIRECTOR
City of Kalispell
201 1st avenue East
Kalispell, MT 59901
Re: Northland Phase 05 Preliminary Plat Extension
Dear Jarod:
As we have discussed through our many remote conversations over the last several months, the Covid 19
pandemic has had major effects on all of us, how we live and how we work.
WGM Group opted to close our physical offices on March 16th to do our part in slowing the spread of
this novel coronavirus. This required quick action, and the transition to working remotely brought to light
strengths in our organization, but also presented many challenges. For WGM's staff, this required setting
up virtual private networks, screen mirroring operations to allow for the use of software licenses, and
made it difficult to obtain documents that would have otherwise been readily available in the office. Day
to day operations continued, but significant time and effort was spent adjusting to what we came to
know as "the new normal."
The Northland Preliminary Plat deadline was one item that, due to these extraordinary circumstances,
got lost in the transition. As you know, we were in discussions about the final plat application in
December of 2019. Given the minor amount of work remaining (roughly 600 feet of sidewalk and the
mail facility), it was decided with the owner that rather than bonding for the remaining infrastructure and
complicating the process, it would make more sense to complete the work prior to submittal. This
remaining construction was completed in late March, at the height of the Covid 19 outbreak, and right
after we closed our offices. Although the majority of the application was ready for submittal, with
everything going on, it was never submitted and a formal request was not made in time for an extension
per the City Subdivision Regulations.
Governor Steve Bullock acknowledged that this state of emergency would be challenging. He noted in
his directive implementing Executive Orders 2-2020 and 3-3030 this state of emergency would affect
deadlines and strict compliance by local governments with deadlines were suspended for the duration of
the duration of the emergency.
I realize that the rules surrounding the Preliminary Plat process are in place with purpose, and it is not
my intention to set a precedence. I am hopeful that due to this unprecedented state of disruption and
emergency, that the City of Kalispell can allow a deadline extension for this application.
Sincerely,
WGM Group, Inc.
Mike Brodie, PE
PROJECT ENGINEER
431 1"Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
OFFICE OF THE GOVERNOR
STATE OF MONTANA
� THE S
STEVE BULLOCK „ _ TyT MIKE COONEY
GOVERNOR �wP?': ' - — LT. GOVERNOR
4 o
;L ®e
TO: Montanans; all officers and agencies of the State of Montana
FROM: Governor Steve Bullock
DATE: March 24, 2020
RE: Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures for
the operation of local government
Executive Orders 2-2020 and 3-2020 declare that a state of emergency exists in Montana due to the
global outbreak of COVID-19 Novel Coronavirus. Cities, towns, and counties in Montana have
followed suit and declared various states of emergency under the provisions of Title 10, Chapter 3, Part
4 of the Montana Code Annotated.
In consultation with local public health authorities, local governments are pursuing mitigation
strategies to reduce the risk of new infections. These strategies include modifications to work hours,
office access, and work practices. Because these decisions are local, the impacts to local service
delivery are varied and based on local government decisions and local risk factors.
To address the emergency, local governments have requested additional flexibility under state law (1)
to modify certain required business hours during the emergency, particularly where local government
offices cannot operate under routine procedures while observing safe social distancing practices, (2) to
modify aspects of local government sick and vacation leave policies developed under state law for
health -affected workers during the emergency, and (3) to toll and hold in abeyance certain statutory
deadlines during the emergency.
In consultation with representatives for these local governments, as well as emergency management
professionals and state public health authorities, I have determined that the requested flexibility to
local governments is necessary to respond to the emergency and to protect public health and human
safety.
In accordance with the authority vested in me under the Constitution, Article VI, Sections 4 and 13,
and the laws of the State of Montana, Title 10, Chapter 3 and Title 50, Chapter 1, MCA, and other
applicable provisions of the Constitution and Montana Law, I hereby direct the following measures be
in place in the State of Montana effective immediately:
Local governments may modify the hours that their offices are open for the transaction of
business. Strict compliance with § 7-4-2211, MCA, § 3-6-106, MCA, §74-102, MCA, and
other related statutes governing the business hours of local governments in Montana are
suspended during the emergency, but only to the extent necessary to respond to the emergency
and to protect public health and safety.
o Local governments modifying office hours under this Directive must first obtain
approval from their political subdivision or its delegates, and should endeavor to
maintain compliance with state laws for office hours wherever it can be accomplished
safely.
STATE CAPITOL • P.O. BOX 200801 • HELENA, MONTANA 59620-0801
TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV
March 24, 2020
Page 2
o Local governments are not relieved of state law requirements to maintain office hours
for those offices and functions that are necessary for the maintenance of public health
and human safety.
o Local governments must, whenever practicable, continue providing services via phone
or other electronic means to limit the disruption in outward facing government services
as much as possible and practicable.
Local governments may modify their vacation and sick leave policies in response to the
emergency to minimize the economic impact on their employees. Such policies may include
permitting impacted employees who have exhausted their leave to accrue negative balances of
sick or vacation time for the duration of the emergency. Local governments will bear all legal
and financial responsibility related to any such policy modifications. Strict compliance with the
local government portions of § 2-18-601 et seq., MCA, and related statutes is suspended for
this limited purpose only, and only to the extent necessary for responding to the emergency.
• Local governments may modify their employment policies, including modifications to the
minimum work -week hours requirements. Strict compliance with the § 7-5-4111, MCA, and
related statutes is suspended but only to the extent necessary for responding to the emergency.
• Local governments may toll and hold in abeyance certain deadlines provided in state law and
regulation including the deadlines provided at:
o Title 7 — Local Government
■ Chapter 2, Part 43-48
■ Chapter 5, Parts 1 and 42
■ Chapter 5, Part 2123(2)
■ Chapter 15, Parts 42-43
■ Chapter 21, Part 10
o Title 76 — Land Resources and Use
■ Chapters 1-8
o Local Government actions relating to ARM 17.36 Subdivision/On-Site Wastewater
Treatment (Chapters 1,3,6,8,9)
Strict compliance by local governments with deadlines provided in the above rules and statutes
is suspended only to the extent necessary to respond to the emergency, and only for the
duration of the emergency. Deadlines may be reinstated by further Directive.
o Deadlines already running when the statewide state of emergency was declared on
March 12, 2020, are tolled as of March 12, 2020.
o Deadlines that began running after that date are tolled on the date they began.
o Tolling ceases with the end of the declared emergency, or an earlier date if specified in
a future Directive.
• A local government may not toll a statutory deadline with an effect on public safety or human
health.
• All other portions of the above rules and statutes remain in effect, including all other procedural
requirements.
o Local governments are encouraged to find ways to provide for the right of public
participation consistent with social distancing practices, including virtual participation
where legal and practicable.
March 24, 2020
Page 3
Authorities: Section 10-3-104, MCA; Executive Orders 2-2020 and 3-2020; Montana Constitution,
Art. VI, Sections 4 and 13; §§ 10-3-103, -302, and -305, MCA; §§ 50-1-202, -203, and -204, MCA;
and all other applicable provisions of state and federal law.
Limitations
This Directive is effective immediately and expires at the end of the declared state of
emergency in Executive Orders 2-2020 and 3-2020.
This Directive shall be implemented consistent with applicable law and subject to the
availability of appropriations.
This Directive is not intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any parry against the State of Montana, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.