Planning Board Minutes - February 12, 2008KALISPELL CITY PLANNING BOARD & ZONING COM ISSION
MINUTES OF REGULAR MEETING
FEBRUARY 12, 2008
GALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
GALL
Zoning commission was called to order at 7:00 p.m. Board
members present were: Bryan Schutt, Rick Hull, John
Hinchey, Jim Wilhamson and C.M. (Butch) Clark. Robyn
Balcom was absent. Tom Jen.tz 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 spear.
TIM 3ERWOLF CENTER.,
A preliminary plat request from the Montana Department of
PHASE 1/DNRC CAMIPUS
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 K.PP-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
ire s tern 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 Tim.berwolf
Parkway at Stillwater Road align with Farmstead Parkway,
Kalispell City Punning ward
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 #S 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 dum.psters, 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 orizin.al
Kalispell City Planning Board
Minutes of the meeting of February 12, ?0-08
Page 2 of I I
theme for this area.
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 merest 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 homer the City of Kalispell could require the State
of Montana to bored 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.
"PLICANT/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 1 B 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 flog. 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 arill 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 1 B is the lot that the 9-1-1 board is
considering for their future site. Lorch clarified Phase 1 A is lot
1 and is the location for the future DNRC Headquarters, and
Phase 1 B 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 3" 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 20' 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 HEARINGS Chuck Cassidy the Director of Facilities for school District #5,
233 First Avenue Bast, 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, Ste 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 there 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
around the high school has security, site line and ease of flour
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 Ste 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 there 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 plannmg
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 hove 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 Bled 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 actuaUv built.
Kalispell City Planning Board
Minutes of the meeting of February 12, 2008
Page 6 of 11
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 W olfp ack Way it cost the School District
approximately $40,000.
No one else wished to spear 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 Clary 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 Timber -wolf 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 n of 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 Tirnberwolf 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 ghat 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 I I
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
hour 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
i.FrR.ake sense to him.
Kalispell City Planning Board
Minutes of the meeting of February 12, 2008
Page 8 of 11
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 # 1 2 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, '2_008
Page 9 of I 1
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 Kahspell west Growth Policy
1
Amendment.
ADJOURNMENT
The meeting adjourned at approximately 9:00 p.m.
WORK SESSION:
Immediately following the re lar meeting a work session
Kalispell City Planning Board
Minutes of the meeting of February 12., 2008
Page 10 of I I
BLOOMSTONE PLANNED was held on the following items:
UNIT DEVELOPMENT AND
PRELINIINARY 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 25th.)
NEXT MEETING The next regular meeting of the Kalispell City Planning
Board and Zoning Commission is scheduled for Tuesday,
March 11, 2008, at 7: oo p.m. in the Kalispell City Council
Chambers.
The next work session is scheduled for Tuesday, February
26, 2008, at 7: oo p.m. in the Kalispell City Council
Chambers.
Bryan H. Schutt
President
APPROVED as submitted/corrected:
Michelle Anderson
Recording Secretary
Kalispell City Punning Board
Minutes of the meeting of February 12, 2008
Page 11 of 11