04-22-14 Special MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF SPECIAL MEETING
APRIL 22, 2014
CALL TO ORDER AND
The special meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Ken Hannah, Richard
Griffin, and Steve Lorch. Charles Pesola, Rory Young and Matt
Regier were absent. Tom Jentz and Kevin LeClair represented the
Kalispell Planning Department. There were 8 members of the
public in attendance.
APPROVAL OF MINUTES
Lorch moved and Griffin seconded a motion to approve the
minutes of the April 8, 2014 meeting of the Kalispell City Planning
Board -and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
FLATHEAD COUNTY
A request from Flathead County Economic Development Authority
ECONOMIC DEVELOPMENT
(FCEDA) for the subdivision of 40.69 acres into twenty (20) rail -
AUTHORITY (FCEDA) RAIL
served industrial lots, a storm drainage tract, a private road, and a
PARK PRELIMINARY PLAT
segment of Kalispell public right-of-way. The applicant intends to
develop the land into a rail -served industrial park with access onto
the Burlington Northern Right-of-way, which is adjacent to the
eastern boundary of the project site. The site is located east of
Whitefish Stage Road and north of East Oregon Street, northeast of
the city limits of Kalispell. The site was previously owned by
Knife River and operated as a gravel pit.
STAFF REPORT KPP-14-01
Kevin LeClair, representing the Kalispell Planning Office reviewed
Staff report KPP-14-01 for the board.
LeClair reviewed the request as noted above and the preliminary
plat map. There is currently a Burlington Northern (BN) rail line
that runs along the east side of the subject property. Lot 19 of the
industrial park is where the rail lines will spur off of the main line
to serve the lots within the subdivision. LeClair noted there are
three vehicle access points onto this property. The primary truck
and vehicular access is located at the northeast corner of the
property where Montclair Drive enters the site from U.S. Highway
2. The other access points are on the southern boundary on East
Oregon Street and on the northwest corner of the site from
Whitefish Stage Road.
LeClair reviewed the vicinity map and noted the Kalispell City
Council approved the annexation of this property into the City of
Kalispell at their meeting on April 21, 2014. Council also
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Minutes of the meeting of April 22, 2014
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approved the first reading of the Ordinance to designate the zoning
on this property as City I-2 Heavy Industrial.
LeClair said the site is generally bare and was the former location
of the McElroy & Wilkins gravel pit operated by Knife River
Corporation for the past 70 years. It has been reclaimed and was
given a clean bill of health by DEQ for reuse as a rail -served
industrial park. LeClair review photographs of the site and
highlighted the following conditions:
• Conditions 3 & 4 — Concerns were heard from neighbors
regarding the potential for truck traffic entering the East
Oregon Street neighborhood and in an effort to protect the
character of this neighborhood these conditions were added
which would prohibit truck access from leaving the site and
traveling through the residential neighborhood to the south
or leaving the site onto Whitefish Stage Road.
• Condition 5 — There was a concern about the size of the
internal roads and circulation and knowing there will be a
lot of truck traffic and a number of people working on this
property staff wanted to be sure the site had adequate
internal pedestrian access so people could safely walk
around the site. Therefore a sidewalk would be included on
at least one side of the private internal roads.
• Condition 6 — Deals with slope stability and the final design
for the layout of the internal road system and lots would be
approved by a geotechnical engineer to be submitted to the
city before the final design for the final plat.
• Condition 22 — Deals with preserving the floodplain and
natural riparian vegetation in the northwest corner of the
property next to Whitefish Stage Road. Staff wanted to
make sure that area remained in its natural state and was not
modified by any development on the site.
Staff recommends that the Kalispell Planning Board adopt staff
report KPP-14-01 as findings of fact and recommend to the
Kalispell City Council that the preliminary plat of FCEDA Rail
Park Subdivision be approved subject to the 22 conditions listed in
the staff report.
BOARD DISCUSSION Griffin referenced condition #10 that deals with the intersection of
Montclair Drive and U.S. Highway 2 and asked is it normal for the
city to require a developer to mitigate any traffic issues that exist
off -site? He added MDOT will have the authority to determine if a
traffic light is installed at this intersection which isn't normally
done prior to the preliminary plat. LeClair said FCEDA has
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
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initiated those discussions with MDOT as part of the feasibility
analysis for this site and that is why the traffic analysis was
performed in advance of the preliminary plat application. LeClair
said it's common for the city to require off -site improvements for
impacts from traffic of a subdivision. These type of traffic impacts
can be felt 100's of feet, if not miles away.
Lorch asked if the response from MDOT was based on the traffic
study and LeClair yes, MDOT reviewed the traffic study and
provided guidance on additional information they would need in a
final traffic engineering study.
Hannah asked if the city is recommending prohibiting truck traffic
on East Oregon Street and onto Whitefish Stage by signage and
added is that enforceable or a recommendation to the developer.
LeClair said it is enforceable. If the city installs the traffic signs the
police department will enforce those traffic control devices.
Hannah asked who will be responsible for the cost to improve the
rail crossing located on the northeast corner of the property and
LeClair said FCEDA. However, BN will need to approve the
improvement to the crossings.
There was discussion on the roads within and surrounding the
subdivision; the private access road on the northern boundary of
this property; and the road grading modifications that will have to
take place for portions of the roads.
Lorch asked if the trucking company on proposed Lot 1 will be
under a lease and will they be able to continue to operate since it is
not a rail -oriented business. LeClair said he is not aware of the
lease situation but the property is owned by FCEDA and not by the
trucking company.
Graham asked if landscape buffers are proposed between the
industrial uses and the residential areas, particularly along
Whitefish Stage Road. LeClair said nothing specifically requiring
buffering is included but there are setbacks and a natural
topographic break coming off of Whitefish Stage Road as well as
all of the properties along the south. LeClair added there is quite a
bit of horizontal distance and topographic difference between the
property line and the rail access road. There are re -vegetation
requirements for disturbed areas and any final landscape plan
would be approved by the city but there are no specific screening
requirements.
Lorch mentioned the sanitary sewer conveyance and that the staff
report indicates there appears to be adequate conveyance and
treatment capacity. He asked, is this system in any way entwined
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
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with the system that serves the north part of Kalispell? LeClair
said this is a separate main line, Trunk Line E, and not the one that
was the focus of conveyance capacity in the northwest corner of
Kalispell. LeClair added they checked on the number of Equivalent
Residential Units (ERU's) available and there is adequate capacity
to serve this project at the proposed full build -out.
Griffin asked if stormwater management would be on -site and
LeClair said yes, the requirements are for all storm drainage to be
handled on -site before being allowed to flow off -site, treatment and
detention. Final designs will be reviewed and approval by the
Public Works Department as well as DEQ before the final plat is
approved.
Graham asked if there are any potential impacts to the city's
existing stormwater system and LeClair said no specific impacts in
fact we anticipate some stormwater quality improvement because
the site is currently not receiving any stormwater treatment. The
run-off would be treated and detained under current standards.
PUBLIC HEARING Dawn Marquardt, 935 East Oregon, Kalispell stated she has lived
at this location for over 20 years. She also used to own the property
that is to the south and east of this property. She stated she is not
opposed to industrial development in this .area. She listed the
following concerns:
• The hill concerns her as it is gravel, very steep — 30% plus —
and once you cut a road into it she isn't sure the hill will
stay where it is.
• One of the requirements of a preliminary plat is a
geotechnical analysis and there is none. The regulations
state the analysis has to be a part of the preliminary plat
submittal. She added until we have that we don't know
what will happen out there.
• A lot can't be developed unless it is on a natural slope of
less than 25% so some of these lots have very little
developable land on them. Lot 13 only has 1600 square
feet by the time you take setbacks and the area of the lot
that is over 25% slope.
• Access. No one has mentioned the access to Lot 8 and that
needs to be addressed. Lot 8 will have the grain elevators
so she would like to see how the trucks will get in and out
of Lot 8 if that is the plan.
• The traffic impact study that was completed wasn't
necessarily done for a 20 lot subdivision it was done for this
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
Page 4 of 10
property serving Cenex and two other businesses. The study
recommended that they put a light in at Montclair and
Highway 2 and at Flathead Drive and Highway 2.
According to the numbers in the study Cenex will generate
550 — 750 vehicle trips per day during harvest season. She
asked where all those trucks will be sitting waiting to
unload.
• Lot 19 is considered a lot but looks like the railroad right-
of-way. This lot doesn't meet the 3 to 1 ratio and would
require a variance.
Marquardt concluded by saying these are her basic questions that
need to be answered in the preliminary plat stage.
Anne Shaw Moran, Planner for the Kalispell Department of
Natural Resources (DNRC) located at 655 Timberwolf Parkway
stated the Kalispell Unit of DNRC manages the land that is
immediately contiguous to the northeast of this property owned by
the State of Montana. Moran read a letter submitted to the city
from Stephen J. Frye, Area Manager, DNRC dated April 3, 2014.
A copy is attached to the minutes.
Kim Morisaki, FCEDA and the Budget Manager for this project
said our engineering firm, KLJ met with MDOT last Thursday and
they indicated that they have approved the installation of the traffic
signal at the intersection of Montclair. FCEDA has been in
communication with BN and they understand DNRC's concerns.
FCEDA continues to communicate with all parties involved in this
process.
Turner Askew, Chairman of the FCEDA Board introduced himself
and stated he would answer any questions the board may have.
Burton Otness, 555 10t' Avenue EN stated he is not opposed to the
industrial park as it was there when he bought the place but he does
have concerns with the placement of the road shown on the
preliminary plat. He owns the house that is on the top of the hill
and he would be concerned about any moving of the dirt on the hill
to make sure it wouldn't affect his house.
MOTION Hannah moved and Lorch seconded a motion to adopt staff report
KPP-14-01 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat of FCEDA Rail Park Subdivision
be approved subject to the 22 conditions listed in the staff report.
BOARD DISCUSSION Hannah referred to Section H in the staff report that states the
subdivision complies with the Kalispell Subdivision Regulations
and no variances have been requested and asked if, given Ms.
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Minutes of the meeting of April 22, 2014
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Marquardt's concerns, this subdivision meets all of the minimum
requirements. LeClair said Lot 19 should be changed to a tract for
the trans -load facility or common area since its dimensions do not
technically meet what would be considered a legal lot. All of the
other lots do meet the width and depth requirements.
Jentz said the very nature of a trans -load facility would include a
long lot adjacent to a track where the rail cars would line up. Lot
19 could never function as a lot but it has a specific use in the rail
park.
MOTION — LOT 19
Hannah moved and Lorch seconded a motion to amend the
conditions to include a modification to the final plat that Lot 19 be
changed to a tract of land for the purposes of the trans -load facility.
BOARD DISCUSSION
Griffin asked if there is a definition of tract in the subdivision
definitions and LeClair said yes, the lots are generally the
developable portion of the subdivision. On tracts other uses happen
that are supportive of the overall development such as storm
drainage and roadways.
Lorch said a lot of times in a residential subdivision these areas
would be called a common area and LeClair said yes, parks are
often put into tracts and then included in the notes on the final plat
as to their use.
ROLL CALL — LOT 19
The motion passed unanimously on a roll call vote.
BOARD DISCUSSION
Hannah asked if the geotechnical analysis requirement has been
met for this subdivision and LeClair said the submittal of the
geotechnical report was not required at the initial submittal phase
because there was a phase 1 and phase 2 environmental site
assessment that had taken place on the property which led to the
reclamation of the gravel pit and concrete batch plant. Staff knew
that a certain amount of development was going to occur on the site
and that it was suitable for industrial uses. Installation of the
railroad tracks and building pads would be a final level of
geotechnical design that aren't asked for in advance because the
pads and road layouts can change at final plat. The final design will
contain the actual roads layouts, storm drainage facilities, the
setbacks would be identified along with the underground utilities
and the bearing loads for the crossings of public rights -of -way.
Lorch asked if lot lines will be manipulated if it turns out that they
don't meet those standards and LeClair said yes. If the lot is not
buildable then it would be eliminated. There could be fewer lots in
the final plat but no additional lots would be added.
Hannah noted Lot 8 doesn't have access from the interior roads
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
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within the subdivision and asked if this is solved during the
preliminary plat stage or final plat. LeClair said final design of the
traffic flow around and through the site, including access to Lot 8
will happen during the review of the final plat.
Hannah asked if mitigating the truck traffic waiting for access was
part of the preliminary plat review and LeClair said with
development of a rail -served industrial park and truck access the
city does their best to mitigate the issues they can anticipate. If
there are additional impacts that come up those can be addressed
by the Site Review Committee and then city council during the
final plat phase. Jentz added the city doesn't finalize the design
within a subdivision prior to final plat. The developer hopes they
have created lots that are fully usable in their own configuration.
They hope to have Cenex in this subdivision but staff doesn't know
exactly what businesses will go in the subdivision only that they
will be rail -served industrial uses. Jentz continued every project
that requires a building permit is reviewed by the Site Review
Committee where Public Works, Fire, Police, Building, Planning,
Zoning & Parks and Recreation does an on -site critique to ensure a
use will function on a particular lot. If it doesn't then modifications
would made. Further discussion was held.
Hannah asked if the traffic issues generated by this subdivision and
spilling onto the surrounding area a part of the review and
initigation process. LeClair said yes, when there is a project that
might impact neighboring jurisdictions they are informed of the
project and we get their feedback on any mitigating factors
including traffic flow onto county roads which are then included in
the conditions. Jentz said the Public Works Department requires a
traffic study any time a use triggers more than 300 vehicle trips a
day — so the traffic study is done specifically for that use and the
impacts are addressed.
Hannah noted it was pointed out there may be a conflict of interest
with the city.reviewing the subdivision application and also being
involved as a party in the Tiger VI grant for this site. LeClair said
after Ms. Marquardt's letter was received staff immediately
consulted with the City Attorney and asked if there was a conflict
of interest with the planning department staff reviewing this
preliminary plat. The city's role is to review the application on a
factual basis. The city is working cooperatively with FCEDA on
the Tiger VI grant however there is no guarantee that the city will
be awarded the grant. Also the city staff does not stand to gain in
any way, shape or form from the approval of this plat. Industrial
parks can be positive for the city in the sense of job creation and
tax revenue but it is the opinion of the City Attorney that no
conflict of interest exists.
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
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Griffin said the board works hard to ensure internal roads are built
to city standards and asked if these roads will be under the control
of the developer or the city. LeClair said the city will require the
internal road systems be developed to collector street standards
with a sidewalk on only one side of the roads. FCEDA wants to
keep control over the roads so they can limit access if necessary so
the roads will be kept private and stay private for the foreseeable
future. Griffin said he is concerned about the slope of the southern
road. LeClair said the city engineer specified that all roads within
the subdivision be built to HS-20 Road Bed Standards, which is for
heavier truck loading capacity. Prior to construction the roads will
be reviewed by Public Works and certified by a geotechnical
engineer to ensure that they can be placed in those locations safely.
Jentz noted this is an industrial park not a residential subdivision
and the site will have to be fairly level and flat when finished.
FCEDA is a local government agency and this property was
purchased with Federal dollars and it will stay in public ownership
and be managed in a public way.
Graham said so based on the geotechnical analysis as this moves
forward the road to the south could look completely different.
LeClair said yes, they have looked at alternatives like shifting the
road further to the north or placing it adjacent to the trans -load
facility because it would be on level ground. LeClair added to
keep in mind. the slopes would have to be modified to have the
roads at grade with the lots they serve.
Lorch wanted to disclose to the public that he is an employee of the
Montana Department of Natural Resources, who owns property
adjacent to this subdivision. Lorch indicated that the planning
board decided at the annexation public hearing that they did not
feel it would-be a conflict of interest for Lorch to participate in
these discussions and votes for the rail park.
Hannah referenced the letter from DEQ and questioned how the
KRY boundaries overlap with this site when the staff report says
the areas were remediated and the site was given a clean bill of
health. LeClair said the actual boundaries of the superfund site are
to the north of this property. Groundwater tends to migrate
underground . so DEQ's concerns were if charging of the
groundwater occurs in one location that it could migrate and come
in contact with the contamination then move through the
groundwater profile. LeClair noted DEQ's concerns will be
incorporated into the final stormwater engineering plans so that
operations won't affect the clean-up on the superfund site to the
north and there is a protective buffer around a superfund site.
Hannah asked about the groundwater monitoring wells and whether
it is the developer's responsibility to move and maintain those
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
Page 8 of 10
wells. Mark Rohweder, 133 Sherry Lane and KLJ Engineer
working on this project said they are aware of the wells and have
the option to move or maintain them in the same spot. However
they haven't yet addressed that in their final design.
Lorch noted the traffic impact study only considered a small
portion of the development that would occur and he asked how
impacts will be managed with full build -out. LeClair said in
discussions with MDOT and the traffic engineers the
improvements to Montclair and the intersection with Highway 2 as
well as the railroad crossing on the site would be designed to
handle full build -out. As specific development applications are
submitted those uses will be looked at and how the uses will mesh
with the overall flow on the site. If additional mitigating measures
are needed the developer would be required to take those steps in
order to go forward with their development proposal.
Lorch asked if the city has standards regarding pedestrian access
specifically along the river frontage that could link to a future
pedestrian trail. LeClair said development is prohibited in this area
but the city doesn't have any specific regulations to address
pedestrian access. However, the growth policy does address the
preservation of greenways, riparian corridors and 100-year
floodplains. LeClair added there is nothing in the condition that
would preclude recreational access as long as the floodway and the
native vegetation are maintained in a natural state.
Lorch suggested adding language that the city would have the right
to build a trail at some point in the future. LeClair said this area is
not in the overall system plan for a trail but since FCEDA is a
public agency the city could work with them in the future if trail
plans were developed and a corridor was identified through this
area. LeClair noted preventing any development in that area now
allows potential access in the future.
There was discussion regarding the floodplain/riparian area
ownership. LeClair noted this area is included in the plat and part
of the rail access road but because it is in the floodplain/floodway it
is slated as not being disturbed.
Hannah reference the letter from DEQ which indicated their
concern about Tract A on the opposite side of the road designated
as a retention pond/stormwater easement. LeClair said that tract is
included in the conditions and Public Works will be reviewing a
final stormwater drainage plan and consulting with DEQ about the
appropriate way to deal with stormwater on the site given the
concerns to the north.
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
Page 9 of 10
ROLL CALL
The original motion, as amended, passed unanimously on a roll call
vote.
OLD BUSINESS:
President Graham thanked board member Griffin, who has decided
not to seek reappointment, for his service on the board.
NEW BUSINESS:
Jentz noted there will be a meeting on May 13th and LeClair briefly
reviewed the annexation scheduled on the agenda that evening.
ADJOURNMENT
The meeting adjourned at approximately 8:20 p.m.
NEXT MEETING
The next regular meeting of the Kalispell Planning Board and
Zoning Commission is scheduled for May 13, 2014 beginning at
7:00 p.m. in the Kalispell City Council Chambers located at 201 lst
Avenue East in Kalispell.
APPROVED submitte orrected: 0 / ?a /14
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of April 22, 2014
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