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02-12-08KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 12, 2008 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, Rick Hull, John Hinchey, Jim Williamson and C.M. (Butch) Clark. Robyn Balcom was absent. Tom Jentz and Nicole Johnson represented the Kalispell Planning Department. There were approximately 12 people in the audience. APPROVAL OF MINUTES Clark moved and Hinchey seconded a motion to approve the January 8, 2008 minutes of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. TIMBERWOLF CENTER, A preliminary plat request from the Montana Department of PHASE 1/DNRC CAMPUS Natural Resources and Conservation (DNRC) to create two lots PRELIMINARY PLAT on 9.5 acres located along Stillwater Road south of the new Forest Service building. From Stillwater Road, the subdivision extends approximately 620 feet east. The two proposed lots would be 7.2 and 1.5 acres in size with access provided by a new roadway, Timberwolf Parkway, to be constructed along the southern boundary of the proposed lots. STAFF REPORT KPP-08-01 Nicole Johnson, representing the Kalispell Planning Department reviewed staff report KPP-08-01 for the board. Johnson said the Department of Natural Resources and Conservation (DNRC) is planning to relocate their current offices to just south of the new U.S. Forest Service Building and east of the recently approved Starling project on Stillwater Road. Johnson provided the location of the site and the location of the BPA Easement, Glacier High School, and the future bypass to the board. At the city's request DNRC has provided a master plan of the entire area but she noted the board will be considering only the preliminary plat of phase 1, a 2 lot subdivision on the western side the site. A primary access road (Timberwolf Parkway) is proposed off of Stillwater Road which will eventually connect to the Reserve Loop and will be developed to city collector standards. However, this road will only be developed to the east edge of lot 2 in this phase. There will be a temporary turnaround at the end of the parkway for emergency vehicles. In addition, the city has requested that the intersection of Timberwolf Parkway at Stillwater Road align with Farmstead Parkway, Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 1 of 11 which is proposed for the Starling project to the west. Johnson noted DNRC plans improve Stillwater Road along the frontage of this property and they have asked to delay the improvements to until Phase 2 and in exchange will include improvements to the road along the US Forest Service site to the intersection with Wolfpack Way (which is an additional 300 feet). The city felt that it was important to have a mechanism in place to ensure that, at a minimum, the frontage of the DNRC lot would be improved to city standards along Stillwater Road and, as stated in Condition #4, if bonding can be obtained by DNRC the city would agree to the delay. However, if bonding is not in place, the frontage along Stillwater Road must be improved along the entire frontage of the DNRC site prior to the final plat of Phase 1. Johnson continued under Condition #8 the intersection of Stillwater Road, Farmstead Parkway, and Timberwolf Parkway must be completed prior to final plat approval and the design and construction must be coordinated with the Starling development to ensure the efficient and safe completion of the intersection. Clark questioned how that could be done and Johnson responded a traffic impact study is required for this project and the result of the study will determine the extent of development for the intersection as well as coordination with the Starling Group. Johnson noted comments were received from School District #5 that indicated their concerns with certain aspects of this project, however those concerns were related to the area that is within phase 2 of the project and not phase 1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-08-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Timberwolf Center, Phase 1 be approved subject to the 24 conditions listed in the staff report. Johnson referenced the concerns of School District #5 for the record. She stated their primary concern appears to be the proposed configuration of Wolfpack Way. Initially, the plan was to loop Wolfpack Way along the high school lot's southern property boundary and connect with Reserve Loop. In the Timberwolf Center plan Wolfpack Way is proposed to enter a round -about and then head south to Timberwolf Parkway which would then allow for the connection to Reserve Loop. The School District states in their letter that this alignment was a surprise to them. In addition the orientation of the buildings constructed as a result of this new configuration would cause the school property to be facing the back of buildings where trash dumpsters, deliveries, and other unattractive site components are typically placed. Lastly they are concerned with the type of businesses that may be attracted to the R-5 PUD that would deviate from the original Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 2 of 11 theme for this area. 0 G Williamson asked why Stillwater Road was not improved to city standards when the forest service offices were constructed. Jentz said in 2001-2003 this section was the edge of the city and since there was nothing planned beyond this point the city did not require the improvements be completed. However, since then the city's policy has changed and it is now a requirement that developers upgrade roads from rural to urban standards. Jentz added Starling will be responsible for improvements to the west side of Stillwater Road and DNRC will complete the portions on the east side from Wolfpack Way to Timberwolf Parkway, if the board and council agree to defer the construction to Phase 2. Clark asked how the City of Kalispell could require the State of Montana to bond for these improvements. Johnson explained DNRC is not certain they will be able to bond for the improvements and that is why Condition #4 was written with 2 options, either they bond or they will be required to complete the upgrade of Stillwater Road, at least along the DNRC portion of the road, prior to final plat of phase 1. Jentz noted the city cannot require the forest service to upgrade the road and fortunately DNRC feels that including the additional 300 feet of road upgrades is the right thing to do. Clark suggested the board could require the work be completed with phase 1 and Jentz explained DNRC has a cash flow problem that prevents them from completing the work at this time. APPLICANT/CONSULTANTS Steve Lorch, Community Planner with DNRC, 2250 Highway 93 North, Kalispell said the subdivision was prompted by a decision to move DNRC's administrative buildings from Highway 93 to this parcel on Stillwater Road. Their mandate for School Trust Land is to generate income to the trust beneficiaries, in this case the K-12 Common School Trust and he noted, the property's highest and best use is not government offices but retail. The second part of this project, Lot 2 or phase 1B was added because there was a level of interest expressed by the 9-1-1 board to relocate to this area. They worked with the planning staff to keep the option alive until the 9-1-1 board makes a decision of whether or not to locate on this lot. Lorch reviewed Condition # 12 which related to the water rights and well. He said they are in agreement with the intent of the condition but they would like to request that the board amend the language to recognize that getting the easement and water right established for use by the city is subject to compliance with applicable statutes and regulations for both water rights and trust lands. They are doing research on this issue and will know more prior to final plat. Lorch continued in addition they are requesting the ability to work with the Public Works Department on the location. of the Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 3 of 11 24' X 26' well house on Lot 2. The current requirement in Condition # 12. states that the easement and appropriate setback will occur on the south end or the Timberwolf Parkway frontage end of what will be a commercial lot. Lorch noted that DNRC feels that location would detract from the value of the land it's in the middle of the lot. Lorch said staff referenced School District 5's concerns regarding the building orientation, security, aesthetics, and traffic flow. He said DNRC appreciates and sees merit in the concepts that were provided by the district's engineer from CTA and they do not anticipate any problem coming up with a mutual and acceptable design concept to address their concerns. Lorch added their engineer will address those issues in more detail but said he just spoke with a representative of the school district before the meeting and they agreed to sit down with them ASAP to discuss the concerns. Regarding DNRC's ability to bond for improvements Lorch noted he is working with DNRC's attorney regarding that issue but indications are they will probably not be able to bond. Lorch said there are 2 issues, they don't have the legislative authority and they don't have the budget to bond. At this point in time if they are able to cover the cost of improvements for Stillwater Road along the DNRC site only, that is the direction they will probably take. He added then the remainder of the improvements could be completed in the future by the developers of the remaining 40 acres. Jeff Walla, Stelling Engineers stated he is assisting DNRC with this subdivision. One item of clarification is they intend to complete 100% of the design of the east side of Stillwater Road for all the road improvements from Wolfpack Way down to Timberwolf Parkway. The design will be completed regardless of whether the improvements for the US Forest Service section are implemented under the first phase of the project. Also, Walla continued, the Public Works Department has requested that the roadway, infrastructure and utilities be engineered for the entire site of the project. Although they understand Public Works' desire to ensure the facilities not be piece-mealed together, they had intended to take the contract drawings to the 65-70% level for phase 2, but not include the detailed plans necessary for construction. Therefore since Conditions 13, 14, and 15 are vague they are asking for clarification on what is expected. Further discussion was held. Schutt asked if Wolfpack Way is currently constructed as noted on the plat and Walla said no, but the R/W is there. The only portion that is currently constructed is from Stillwater Road to the east end of the forest service site. Walla added there are also utilities that were built along the R/W and under their plan the R/W would be reduced to the Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 4 of 11 necessary easement to address the Public Works Department requirements that they provide an all-weather access. Clark asked if lot 1B is the lot that the 9-1-1 board is considering for their future site. Lorch clarified Phase lA is lot 1 and is the location for the future DNRC Headquarters, and Phase 1B is lot 2 and is being considered by the 9-1-1 board for their center. Clark asked the size of the well and Lorch said it is an 8" well with a water right that indicates a capacity of 1500 gallons per minute. Clark asked if DNRC is asking to move the well house away from the well and Lorch responded no well house currently exists and they are asking, if at all possible, to construct the well house in another nearby location. Clark thought that didn't make sense. Lorch explained the well head is located in the center of the entrance to the lot and the value of the lot would be impacted by having a 26' x 24' concrete building right on the road frontage. Their request is, if it is feasible, to work with the city to move the building nearby to minimize the impact. Clark noted that would be a decision for the Public Works Department and Lorch agreed. PUBLIC HEARING Chuck Cassidy the Director of Facilities for School District #5, 233 First Avenue East, Kalispell stated they have worked with all parties through the process of building the new high school and if there were any issues or concerns they were worked through. Cassidy said they understand DNRC needs to get the highest and best use of the property and they are not in the business of telling DNRC how to develop their property, but they would like to offer other ideas that could help DNRC achieve their goals and still leave in place what the School District thought they would be entitled to. Corey Johnson, CTA Architects Engineers, #2 Main Street, Kalispell stated as they were pre -planning for the high school facility with DNRC, Stelling Engineers, and MDOT, Wolfpack Way, with the alignment that borders the southern boundary of the school property, was part of the site plan. The school district funded the first 300 lineal feet of Wolfpack Way off of Stillwater Road and the forest service funded another 150 feet and they believed the DNRC would complete Wolfpack Way along the same alignment as platted to Reserve Loop. Currently the high school has access off of Stillwater Road onto an internal road system and they also have a right in, right out intersection to the north of the site. Once Wolfpack Way was put into place, as was originally proposed, they would have 3 other designated access points onto Wolfpack Way to help alleviate traffic flow in and out of the site, especially during events. They see the completion of the ring road, as originally proposed, as a benefit to them as well as to the DNRC subdivision. The ring road that goes completely Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 5 of 11 -0 O around the high school has security, site line and ease of flow benefits and to change it as proposed by DNRC would disrupt the flow of traffic. The new proposed roadway that enters Stillwater Road across from the proposed Starling development makes sense to them. However, they have concerns with the properties that will border the high school site. As development and tenants for these properties are decided the School District would like the theme to remain for schools, professional offices and office parks and not gas stations, convenience stores, and fast food restaurants that could be a detractor for the students. Tony Dawson, School Board Trustee, 233 First Avenue East, Kalispell stated he has been on the school board for a long time and has been a part of this school project from the beginning. They had a lot of sites to choose from and this site was selected as the best place for the school and provided an opportunity to create a site that would eliminate some of the problems recognized at Flathead High School. As was noted previously they had an opportunity to work very closely with all the developers, DNRC, MDOT and Stelling Engineers and the boundaries were changed for the school property from a rectangular shape to a more rounded shape to follow the alignment of Wolfpack Way because it would work best with the traffic flow. After the school property was purchased, the bond was passed and everything was moving forward, DNRC came back to them and told them they would need to buy 4 more acres of land to create an easement for the future construction of Wolfpack Way. It cost the district $40,000 - money they would have rather spent on desks and chairs and improvements to the school, but they went ahead and purchased the additional 4 acres. Dawson continued that every part of this plan is a work of art in his opinion. They have made this facility one that everyone is very proud of. They have completed $35 million in improvements to the parcel and they expected the parties they worked closely with would continue with the master plan and complete it as the district anticipated. It causes the trustees great concern when they see one of the major pieces, that being traffic flow and visual sight lines potentially changed. He appreciates DNRC's offer to work closely with the district to try to resolve these issues but he is also asking the planning board to make sure that this plan doesn't get too far down the road where changes can't be made to make sure that the project is maintained as was anticipated. Williamson asked how much public exposure had the original concept received. Jentz said at least 3 years, however, he added the School District has only received preliminary plat approval and has not yet filed the final plat for this property. Jentz said this R/W is the R/W of record but Lorch added it will not be dedicated until it is actually built. Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 6 of 11 �1 Clark asked for clarification on the alignment of the Wolfpack Way proposed by DNRC and the roadway alignment that the School District is referring to. Jentz and Dawson both reviewed the alignments and Dawson added School District #5 is looking to restore the original alignment of Wolfpack Way or something similar to the original alignment. Chuck Cassidy, School District #5 said the city, county, and the state MDOT and DNRC have always tried to work together to find solutions to these issues. DNRC is not a developer with a pocketful of cash and neither is School District #5. When the compromise was reached for the additional 4 acres that was needed for Wolfpack Way it cost the School District approximately $40,000. No one else wished to speak and the public hearing was closed. MOTION Williamson moved and Hull seconded a motion to adopt staff report KPP-08-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Timberwolf Center, Phase 1 be approved subject to the 24 conditions listed in the staff report. BOARD DISCUSSION Clark said DNRC should be treated like any other developer and should be. responsible for completing the infrastructure not just their word that they will construct the improvements to Stillwater Road. Jentz said DNRC is required to upgrade Stillwater Road along their frontage only, and they, will be held to that condition. However, DNRC is also offering to improve the portion of Stillwater Road that is adjacent to the new Forest Service building in exchange for delaying the work to Phase 2 of Timberwolf Center. The board can decide to work on the concept of getting the entire piece of road done at a later date or stick to the letter of the law and only have the required portion completed now. Jentz added if they cannot bond for the improvements it could be tied to a condition that no further development occurs until the improvements to Stillwater Road are completed. Clark said he agrees with the District that to divert the school traffic through Timberwolf Center then over to the Reserve Loop doesn't make sense. Jentz said the board could add a condition that the integrity of Wolfpack Way needs to be maintained as originally proposed on the preliminary plat of the Glacier High School. Jentz added however, DNRC needs to sit down with the School District and see what that would look like and the Public Works Department would still have to sign off on it. Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 7 of 11 �l Hinchey suggested the board should let DNRC and the School District work out an agreement. Jentz said the only reason this is being discussed now is the city needs to know how the utilities will be laid out. Williamson said although he understands the frustration a developer would experience to have an entity come in and object to a plan at the last minute, he supports a condition to maintain the integrity of the Glacier High School Preliminary Plat and the alignment of Wolfpack Way as noted on the school's plat. Schutt asked if Wolfpack Way was already platted and Johnson noted that the preliminary plat has been approved, however, a final plat has yet to be filed on the high school lot. Jentz added the final plat should be submitted soon and the easement has been filed with the State that contains a utility easement and a fixed intersection where the easement meets Reserve Loop. Williamson asked if the additional 4 acres of land that was purchased by the School District for $40,000 was for the Wolfpack Way extension to Reserve Loop and Corey Johnson said yes. Williamson said he feels that design should then be what is constructed. Clark asked Jeff Walla, Stelling Engineers if they planned to complete 100% design and full contract documents for the Stillwater Road improvements and Walla said yes for the east half of Stillwater Road from the southern edge of Timberwolf Center to Wolfpack Way, and including the Forest Service portion only if the construction can be deferred to Phase 2. Clark said then the remainder of the roadways within the subdivision would only be .designed to 50% and Walla said yes. Clark thought this would allow DNRC to piece -meal the project which he didn't think was appropriate. Clark suggested tabling the project until DNRC and School District #5 reached an agreement regarding the future alignment of Wolfpack Way. Additional discussion was held regarding tabling to a specific date and the need to address the other issues of the project before it is tabled. A motion to table was made but then withdrawn. Schutt agreed with Williamson that the School District put a lot of time and energy into the overall design of their project and the ring road across their entire southern perimeter is a major piece of the design. Now to have to go back to the drawing board when they had already put out the money to purchase the required land for the road alignment doesn't make sense to him. Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 8 of 11 O Schutt asked staff to address the water rights to the well that was brought up by DNRC. Johnson said the water rights condition is standard and the applicant asked staff to include that the water rights and the easement comply with the applicable statutes and regulations. She indicated staff does not have a problem with adding that language to Condition # 12. MOTION - AMEND Williamson moved and Hull seconded a motion to amend CONDITION # 12 Condition # 12 by adding the following statement after the first sentence: "The water rights will be transferred to the fullest extent legally possible." ROLL CALL I The motion passed unanimously on a roll call vote. BOARD DISCUSSION Schutt asked if there were any concerns with the portion of Condition # 12 regarding the well house and its location. Clark said it may not be an issue if the agreement with the school relocates the roads within the subdivision. Clark added if 9-1-1 relocates to this site he didn't think it would be an issue. Jentz recommended the board leave the decision of location of the well house to the Public Works Department. Hull added there are several well houses in other high traffic areas of the city and they don't appear to be a problem. Williamson said as Condition # 12 is written the well house is not required to be in the center and he agrees it should be left to the engineers to decide. Williamson said Conditions 13, 14, & 15 are open-ended, as the applicant's representative pointed out, and he could see where Public Works could require more than a partial design. Williamson asked if it should be clarified. Johnson noted that these 3 conditions only apply to this 2 lot phase of the subdivision and are standard conditions of approval. Williamson asked if Condition 14, that states, "shall be completed for the entire development prior to final plat for Phase 1A" applies to phase 1 or both phase 1 and 2. Johnson corrected her previous statement and said Condition # 14 was added at the request of the Public Works Department and specifically relates to drainage, which is part of the design for the roads. Schutt said with the comments received it seems they would need to complete the full design, including Phase 2. After additional discussion of Condition # 14 Jentz noted that the Public Works Department is asking for the design of the roads, not bid documents, in order for the Department to determine if the roads and utilities will all fit together and the system will be operational when the entire subdivision is completed. Williamson said with that clarification he feels Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 9 of 11 more comfortable with the condition as written. Hinchey said he has concerns with Wolfpack Loop at the southern portion of this subdivision because he doesn't see a potential for connecting to the adjoining Grosswiler parcel which could limit the amount of access points onto Stillwater Road. Jentz explained the design, location of the future bypass, and the connectivity that could occur when the Grosswiler property is developed. Williamson questioned why the city would allow the developer to defer the requirements for sidewalks, etc., on the south side of Timberwolf Parkway. Johnson said the city doesn't require the developer to install sidewalks, boulevards and trees along property or R/W that is not part of the city because the city has no mechanism to enforce maintenance of those improvements. However, Johnson added the developer will be required to install those improvements when Phase 2 of Timberwolf Center comes in. Further discussion was held. Hinchey said it doesn't make sense to him to hold up the first phase of this project at this point especially when the road issues are a part of Phase 2. Jentz suggested the board let DNRC and School District #5 reach an agreement on the road issues and come up with a design that works and then Phase 2, which will include the proposed alignment of Wolfpack Way, will come back before the board for review and a recommendation. Clark thought the board should forward a recommendation now. MOTION - WOLFPACK WAY Williamson moved and Hinchey seconded a motion to add Condition #25 to read: Wolfpack Way will be designed and constructed in substantial conformance with the alignment indicated on the preliminary plat of Glacier High School. ROLL CALL - WOLFPACK The motion passed unanimously on a roll call vote. WAY ROLL CALL - ORIGINAL The original motion, as amended, passed unanimously on a MOTION roll call vote. OLD BUSINESS: None. NEW BUSINESS: The next work session will be held February 26, 2008 at 7:00 p.m. to discuss the Kalispell West Growth Policy Amendment. ADJOURNMENT The meeting adjourned at approximately 9:00 p.m. WORK SESSION: Immediately following the regular meeting a work session Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 10 of 11 BLOOMSTONE PLANNED was held on the following items: UNIT DEVELOPMENT AND PRELIMINARY PLAT 1. Developer's Presentation of the Revised Bloomstone Project 2. Kalispell West Growth Policy Amendment (due to the late hour this item was continued until the next work session on February 26th.) NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, March 11, 2008, at 7:00 p.m. in the Kalispell City Council Chambers. The next work session is scheduled for Tuesday, February 26, 2008, at 7:00 p.m. in the Kalispell City Council Chambers. Bryan H. Schutt Michelle Anderson President Recording Secretary APPROVED as submitted/corrected: / /08 U Kalispell City Planning Board Minutes of the meeting of February 12, 2008 Page 11 of 11