Staff Report/Final Plat Phase 3Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone: o) 751-15
Fax: 751-1858
tri ity*centorytel.net
REPORT To: Kalispell Mayor and City Council
FROM: : l arda A. Wilson, Senior Planner
Chris A. Ku ulsl i, City Manager
SUBJECT Final plat for Buffalo Coons Phase 3 , Block I, Lots 2 and 3
MEETING DATE: December 3, 2001
BACKGROUND: A request for final plat approval of a two lot subdivision in the
Buffalo Commons development has been submitted to the city council for review. This
subdivision creates two lots north of the existing Glacier Bark building crest of
Commons way and south of Commons Loop. The pre nary plat for Buffalo
Commons was approved by the city council on November 15, 1999 subject to ten
conditions. These lots comply with the initial layout of the preliminary plat with each
lot containing just over on have acre for a total acreage of 1.0lots in the subdivision.
The lots are located in the Retail Commercial Office pod of the Buffalo Commons
Planned Unit Development.
Buffalo Commons was approved as a Planned Unit Development and as such is
subject to a development agreement with the City of Kalispell executed in July of
1995. fihe overall development plan was subject to access and street locations,
landscaping and the types ofuses which would be allowed to occur with the
development. This development agreement also outlines the phasing plan with Phase I
being the single family pod, Phase II as the multifamily pod, Phase III with the retail
commercial office pod, Phase IV with the northerly professional medical facilities
pod and Phase V with the southerly professional medical facilities pod. All of the
infrastructure for phases I through IV of the development including water and sewer
services, roadways and utilities were instaR d during previous development with the
project and have been accepted by the City. Most of the work being done north of the
hospital, including the relocation ofSunnyview Lane and the construction of Heritage
Way are in the area of Phase V of the Buffalo Commons development.
RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase
3 , Bloch 1, Lots 2 and 3 would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
LTER1 ATIVW: As suggested by the city council.
Providing Community Planning Assistance To:
* City ofI Kalispell • City of Columbia Falls • City of Whitefish •
Final Plat Buffalo Commons Ph 3, BIk 1 Lots 2 and
November 27, 2001
Page
Respectfully submitted,
104-1,
larda A. Wilson
senior Planner
Report compiled: November 27, 2001
NAt
Chris A. Iuulsi
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (o 71-10
Pax: (406) 751-1858
tri ity A*' ntur tel.n t
November 27, 2001
Chris Kul ulsl i, City Manager
City of Kalispell
P.O. barer 17
Kalispell, MT 59901
Re: Final Plat for Buffalo Commons Phase 3, Block 1, Lots 2 and
Detail/Commercial/ Office Pod
Dear Chris:
Our office has received an application from Northwest Healthcare Corp. for frnal plat
approval of Buffalo Commons Phase 3, Bloch 1, Lots 2 and 3 which will plat two lots
north of the existing Glacier Bank building. The lots are located on the south side of
Commons Loop and east of Commons Way. Each lot contains just over a half and
acre with the combined lots containing 1.05 of an acre. The lots are in the
Detail/ Commercial/ Office pod of the Buffalo Commons Planned Emit Development.
Previous phases of the subdivision have dedicated the roads and utilities within the
subdivision to the City of Kalispell and they have been approved and accepted.
The prelims* nary plat for Buffalo Commons was approved by the Kalispell City Council
on November 1, 1999 subject to ten conditions. several of these conditions relate to
the development of Phase V, to the south of this lot, and would not be applicable to
this subdivision. The following is a list of the conditions of preliminary plat approval
for this subdivision and a discussion of homer they have been met or otherwise
addressed.
COMPLLkNCE WITHCONDITIONS OF APPROVAL
Condition No. 1. Development of the subdivision will be platted in substantial
compliance with the approved preliminary plat which shall govern the general location
of the lots, easements and roadways.
• This condition has been met. 'These lots reflect the approved preliminary plat for
the subdivision and are in compliance with the approved preliminary plat.
Condition No. 2. That the roadways within the subdivision shall be constructed in
accordance with the City of Kalispell's Standards for Design and Construction Which
includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from
the Kalispell Public fors Department shall be required stating that the
improvements have been installed according to the required specifications at the time
of final plat approval.
Providing Community Planning Assistance To:
* City of Kalispell • City of Columbia Falls • City of Whitefish
Final Plat Buffalo Commons Ph 3 , B Ik 1, Lots 2 and
November 27, 2001
Page
This condition has been net. In the Matting of previous lots within buffalo
Commons, all of the required infrastructure such as roads, curb, gutter, sidewalks,
water, surer and drainage have been reviewed and approved and accepted by the
City of Kalispell.
Condition 1. 3. That sidewalks shall be constructed on the north side of the
Sunnyview Lane next to the property boundary with a minimum five foot boulevard
space between the sideway and roadway prior to filing Phase V.
This condition is not applicable to this portion of the subdivision. However,
sidewalks have been constructed along Sunn view Lame.
Condition No. 4. Installation of curb and gutter on the north side of Sunnyvie r
Lane for Phase V, or posting a bond for said curb and gutter, or waiving the right t
protest a special improvements district for the same shall be required in conjunction
with the fmal plat of Phase V.
This condition is not applicable to this portion of the subdivision. However, these
improvements have been constructed along Sunn rvie r Vane.
Condition No. 5. That approach permits for the required road construction at
Heritage way and Sun y �ew Dane be obtained from the Kalispell Public Works
Department.
0 This condition is not applicable to this portion of the subdivision.
Condition No. 6. That all water and serer service plans and specifications shall be
reviewed and approved by the Department of Environmental Quality and the Kalispell
Public -worts Department,
This condition is not applicable to this Portion of the subdivision because the water
and sewer facilities were reviewed and approved with previous phases of Buffalo
Commons and have been accepted by the City of Kalispell.
Condition No. 7. That a letter from the Kalispell fire chief approving the location
and placement of the fire hydrants within the subdivision shall be submitted with the
final plat.
• This condition has been addressed during previous cgs for the Buffalo Commons
development. when this site is planned for a specific development, it will be
reviewed by the site development review committee where fire code issues can be
further addressed. There is a hydrant located on the corner of Commons war and
Commons Loop.
Final Plat Buffalo Commons Ph 3 , B Ik 1, Lots 2 and
November 27, 2001
Page
Condition No. 8. That areas be landscaped according to the specifications outlined
in the development agreement with the City of Kalispell. All utilities shall be installed
underground.
• This condition has been adequately addressed. Landscaping in the common areas
has been completed.
Condition No. 9, A storm water drainage plan which incorporates the drainage
easements indicated on the preliminary plat, along with a grading plan, shall he
reviewed and approved by the City of Kalispell prior to the filing of Phase V.
This condition is not applicable to this portion of the subdivision. A drainage plan
for phases one through four has been reviewed and approved by the Kalispell
Punic Works Department in previous phases of the subdivision.
Condition No. 10. The paring lot on the north side of Sunnyvie r Lame and the
proposed temporary expansion of the parldng lot must be brought into full
conformance with the Kalispell Zoning Ordinance with the infrastructure for Buffalo
Commons is developed prior to fling Phase V.
This condition is not applicable to this portion of the subdivision, but will be
addressed prior to the Bing of the lots within Phase V.
COMPLIANCE WITH APPROVED PRELIMINARYPRELIMUFARY PLAT
The fmal plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the city council on November 15, 1999.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat complies with the State and City Subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
The subdivision complies with the Kalispell Zoning Ordinance, the PUD and associated
development agreement that governs the dimensional requirements of the lots within
the subdivision and well as the uses within the development pods.
I EOOEMENOA ION:
All of the conditions of preliminary plat approval have been met or otherwise
adequately addressed. The staff recommends that the Kalispell City Council approve
the final plat for this subdivision. Please schedule this matter- for the regular city
council meeting of December 3, 200 1.
Final Plat Buffalo Commons Ph 31, Blk 1, Lots 2 and
November 27, 2001
Page
Sincerely,
i
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylars of final plat
1 reproducible mylar of firxal plat
1 copy of final plat
Vicinity map
Ltr from D Greer dated 11 / 19/0 1
Final plat application dated 11 / 19/0 1
Ltr from DEQ dated 5/ 15/97
Title report from Sterling Title Services dated 11 / 1 /O 1
Treasurers Certification dated 11/26/01
e: David Greer, 1867 Ashley Labe Rd, Kalispell, MT 59904
Jim Oliverson , NWHC, 3 10 Sure view Lane, Kalispell, MT 59 9 0 1
Theresa White, Kalispell City Clerk
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VICINITY MAP
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FINAL PLAT — 1.05 ACRE (2 LOT) COMMERCIAL SUBDIVISION
LOTS 2 & 3, BLOCK 1 OF BUFFALO COMMONS PHASE 3
PUD, PLANNED UNIT DEVELOPMENT
CITY OF KALISPELL ZONING JURISDICTION
FILE KFP-01-6 " " """"re''/°'
sCALE 1= 200' �`a\m.We.\aem�a„s
David Greer
1867 Ashley Lake Rd, Kalispell, ell, NET 59901
19 November 2001
Nal rd a Wilson
Senior Planner
Tri-City Planning Office
17 Second Street East
Kalispell, IVIT 59901
ICE. FINAL PLAT OF BUFFALO COMMONS, ONS, PHASE 3, Bloch 1, Lots 2 & 3
Dear larda:
Attached are the application materials for the above -referenced final plat. The proposed
lot and associated infrastructure are in substantial compliance with the PUD Development
Agreement and with the preliminary plat. The lot layout is identical to those shorn in the
preliminary plat. All the roads, water, and severer facilities have been previ'accepted
acre ted
b the City. As with the previous applications involving Buffalo Commons , I any enclosing
a copy [rather than the original] of the State Environmental Quality approval letter since
Buffalo Commons is being platted in phases and there is only one original letter.
The highway landscaping is complete and the boulevard landscaping will be installed as
the lot is developed and in accordance to site plan and architectural review. The fire chief
has previously indicated approval of the fire hydrant locations in this Phase end, as always,
has the opportunity to review the site plans of all proposed structures.
Please let me know if you have any questions concerning this application request or
require any additional Information. Thank you for your continued cooperation.
Sincerely, � ir,
WAWW
David Greer, icp
Consultant to NWHC
atk ch ments. Application fee of $300.00
Application loan
Title report
Tax certification statement
DEQ approval statement (copy, original on file)
Plats
Narrative response to conditions of approval
Tri-City Planning office
17 Second Street East
__ Kalispell, MT T 59901
FILIAL PLAT APPLICATION
Subdivision
Name: Buffalo Commons Phase 3 Bloch 1, Lots 2 and 3
Contact Person:Owner:
Name: David M. Greer Jim Oliverson, NWHC
Address: 1867 Ashler Lake Rd .310 Sunn view Lane
Kalispell, MT 59904 Kalispell, ITT 59901
Phone No.: 406.756.9099 406.752.1724
Date of Preliminary Plat Approval: 15 November 1999
Type Subdivision: FResidential Industrial PUD Other -1
N. of Lots Proposed: 2 Park Land(ac.):
Land in Lots: (arc.)
1.05 Cash -in -lieu:
Exempt:
FILING FEE ATTACHED: $300.00
(Von -Residential
NOT
ATTACHED APPLICABLE
Health Department Certification
Title Report
Tax Certification
Consent(s)to Plat
Sub. Improvements Agreement
Parkland Cash -in -Lieu
Recorded Covenants
Recorded Homeowners Bar-Laws/Articles of Incorporation
Plats
01
Plat must be signed by all owners of record, the surveyor and examining land surveyor.
Attach ar letter which lists each condition of preliminary plat approval and individually state
hover each condition has specifically been met. In cases where documentation Is required,
such as an engineer's certification, State Department of Health certification, etc., original
shall be submitted. Blanket statements starting, for example, "all improvements are in
place" are not acceptable.
complete final application must be submitted no less than 30 days prior to expiration
date of preliminary plat.
When all final plat materials are submitted to the TCPO and the staff finds the application
is complete, the staff will submit a report to the governing body. The governing body must
act within 30 days of receipt of the final plat application and staff report. Incomplete
submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by
the Planning Board.
I certify that all information submitted is true} accurate and complete. I understand that
incomplete information will be not accepted and that false information will delay the
application and may invalidate any approval. The signing of this application signifies
approval for TC PO staff to be present o n the property for routine monitoring and inspection
during the approval and development process.
ail
ner signature
Dat
Narrative Response to Conditions of Preliminary Plat
City Resolution No. 4520
1. Development of the subdivision shall be platted in substantial compliance with the
approved Preliminary at ..................
The easements and roads are identical to those shown on the preliminary plat for this
phase of the subdivision. The proposed lots are identical to those shown in the
preliminary plat.
. That the roadways within the subdivision shall be constructed in accordance with the
City of Kalispell's Standards for Dcsign and Construction.........
The roads in Phases I, 2, and Buffalo Commons were subject to a previous
. p
final plat application and all were accepted as public streets, which included aspects
of drainage, gutters, sidewalks, and boulevards.
. That sidewalks shall be installed on the north side of Sunnyview Lane for Phase v next
to the property with .......................
This condition has no application to the subject lot, which is located in Fuse 3.
However, sidewalks have been installed along Sunnyview Lane.
4. Installation of curb and gutter on the north side of Sunnyview Lane for Phase V, or
posting a bond..........
This condition has no application to the subject lot, which is located in Phase 3.
However, curb and gutter have been installed along the reconstructed Sunn view
Lane.
. That approach permits for the required construction at Heritage Way and Sunn view Lane
be obtained.. r....
This condition has no application to the subject lot, which is located in Phase 3.
However, the subject roads have been reconstructed with approval by the City under
an SID arangement.
. That all eater and sever service plans and specifications shall be reviewed and
approved by the .........
The water and sewer improvements for all phases have been approved b the City
y
and DEQ. All the infrastructure is complete and have been accepted y the City.
copy of the DEQ approval is attached with this application.
. That a letter from the Kalispell Fire Chief approving the location and placement of fire
hydrants..............
letter from the Fire Chief was included in previous plats, whereby the Chief
indicated acceptance of all the hydrants in Phases L 25 3, and 4. The hydrant
locations in Phase 5 were approved under the terms of the process.
rocess.
. That areas be landscaped according to the specifications outlined in the development
agreement*.....
All the common areas in Phases 14 have been landscaped and maintained for
continuous years. Boulevard landscaping is completed with development of the
adjacent lots. Landscaping In the boulevards of Phase V is guaranteed under the
provisions of the road SILK in Please 5.
• A storm water drainage plan which incorporates the drainage easements indicated on
the preliminary plat.........
An engineered storm water drainage system has been completed for phases 1-4. The
drainage system for Phase 5 is also complete.
lo. The parking lot on the north side of Sunnyview Lane and the temporary
proposedP ry
expansion.............
This condition has no application to the subject lot, which is located in Phase 3.
DEPARTMENT OF'ENVIRONMENTAL QUALITY
PERMITTING & COMPLIANCE DIVISION metcaif Building
1520 ease sixth Ave.
MARC RACICOT, GOVERNOR
--�--- STATE OF MONTANA
hone: (406)444-4323 PO Box 200901
Fax: (406)444-1374 Helena, ffiT 59620-0901
May 1, 1997
Philip Por~rini
Robert Peccia Associates
Custer Avenue
Helena, MT 59604
Re: City of Kalispell - Buffalo Commons Planned Unit Development
Flathead County EQ #97-2137
Dear Mr. Porrini:
The plans and specifications for the above referenced project have been
reviewed by personnel under contract with the Permitting and Compliance
Division and found to be satisfactory. Approval of the plans and
specifications is hereby given. One set of plans and specifications
showing the approval stamp of the MDEQ is enclosed.
The project consists of approximately 1225 lineal feet of 12 inch PVC-
C900 water main, approximately 2055 lineal feet of 8 inch PVC-C900 water
main, 11 hydrants and appurtenances. The project also consists of
approximately 3135 lineal feet of 8 inch PVC sewer main, approximately
470 lineal feet of 6 inch PVC sewer main, 29 new manholes and
appurtenances.
Approval is based on plan sheets C -1 through C4-10 and on plan sheets
-1 through -9 dated May, 1997 and on specifications received May
1 , 19 97 . Both the plans and specifications were received under the stamp
of Phil Prrini, Montana Professional Engineer Number 4371E.
Approval is also given with the understanding that any deviation from
the approved plans and specifications will be submitted. to the
department for reappraisal and approval. Within 90 days after the
project has been completed, the project engineer shall certify to the
department that the project was inspected and found to be installed in
accordance with the plans and specifications approved by -the 'department.
This certification shall be accompanied by a set of "as -built" record
"AN EQUAL OPPORTUN FTY EMPLOYER"
drawings signed by the project engineer.
It is also understood that construction will be started within two years
of this date.- If more than two years pass before beginning
construction, it shall be necessary to resubmit the plans and
specifications when construction is anticipated. This two year
expiration period does not extend any compliance schedule requirements
pursuant to enforcement action against a public water/sewage system.
Sincerely,
Mark A. Smith, P.E.
Drinking Water Section
Permitting and Compliance Division
Department of Environmental Quality
. City of Kalispell
Flathead County Sanitarian
PRELIMINARY ARY SUBDIVISION CERTIFICATE OF TITLE
7 0219 89 205756
CHICAGO TITLE INSURANCE COMPANY
To the County of Flathead and the City cif Kalispell its Montana
HICAGO TITLE IN S U RANCE C OMPAI Y, a corporation organized and exi sti ng under the lavers ofthe State
of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 1st day of
November , M2001, at 5 o'clock P.M., the title to the described real estate vas indefeasibly crested in fee
imple of record in:
Northwest Healthcare Corporat 1 Ord ,
Montana Corporation
subject only to the objections, liens charges, encumbrances and other matters shoran under Schedule B hereof.
The maximum liability of the undersigned under this certificate i s 11mited to the sum of 105000.00
This ccrti rf*ieate of title is made in consideration of the payment of the prerniurn by the subdivider of the land and
for the use of the County and City above named.
Issued b;
STERLING TITLE SERVICES
11 South Main P.O. Box 73)
Kalispell, MT 59901
(406) 752 7000
-
FAX - 7207 (TITLE)
z
6 - 5663 (ESCROW
Authwixed Signame
CHICAO TITLE INSURANCE COMPANY
BY=
ATTEST: Pres2ent
Secretary
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (M I TAI A)
Reorder Form No. 9113
SCHEDULE A
Page 2 Certificate No.: 27-0219-89-205756
Our File No.: C-32333
Being the legal description of the real estate covered by this
certificate,
The following described parcels of real estate:
That portion of Government Lot 5, Section 6, Township 28 North,
Mange 21 West, P . M . , M, , Flathead Counter, Montana, described as
follows:
Beginning at a point on the Easterly boundary of Commons Way, a
0.00 foot city street, which bears Forth
160101271T East, a
distance of 689.91 feet from the Southwest corner of
Government Lot 5. Section 6, Township 28 North, Range 21
West, said point being on the beginning of a 470.00 foot
radius curare concave Easterly, having a radial bearing f
North 8301SI2511 East • thence
Along said curve through central angle of0504711811 an arc
length f47.48feet; thence
North0005711711 Nest a distance of 71.72 feet to the beginning
of a 25.00 foot radius curare to theo
right; thence along said
cure through - centra l angle of 9000010011 an arc length f
39.27 feet; thence
North 8900214311 East a distance of 209.60 Feet to the beginning
of a 100.00 foot radius curve to the right;
thence along said
curare through a central angle of 6801815211 an arc length o
11.3 feet; thence
South 2203812511 East a distance of 81.22feet to a point; thence
South 1341'-West a distance h
f .13 feet to the Point of
Beginning.
TO BE KNOWN : BUFFALO COMMONS PHASE 3 BLOCK 1 LOTS 1 AND
Page 3 Certificate No.: --019-9-0575
Our File No.: -8
Being all of the estates, interests, equities, lawful claims, or
demands, defects, or objections whatsoever to title; and a l l
easements, restrictions, liens, charges, taxes (general, special,
r inheritance, or assessments of whatever nature) , or
encumbrances; and all other matters whatsoever affecting said
premises, or the estate, right, title, or interest of the record
owners, which now do exist of record.
1. Property taxes for the first half of the year 2001.
. property taxes for the second half of the year 2001.
. Delinquent water and sewer charges of the City of Kalispell,
if any.
4. Reservations in Patents or the acts authorizing the issuance
thereof.
. Mineral rights, claims or title to minerals in or under said
land, including but not limited to metals, oil, gas, coal, or
other hydrocarbons, sand, gravel or stone, and easement or
other rights relating thereto, whether express or implied,
recorded or unrecorded.
. Right -of -Way Easement granted to pacific power & Light
Company, a corporation, recorded September 18, 1959 under
Recorder's Fee # 5 8 8 , in Book 429, page 512, records of
Flathead Counter, Montana.
. Easement granted to the City of Kalispell, recorded December
29, 1961 under Recorder's Fee #9039, in Book 443, page 630,
records of Flathead County, Montana.
. Easement granted to city of Kalispell in Grant Deed recorded
January 5, 1971 under Recorder's Fee , in Boob 521, page
407, records of Flathead County, Montana.
9. Declaration of Conditions, Covenants, and Restrictions and
any rights, provisions, powers, obligations, liens or charge
as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial
status or national origin, unless and only to the extent that
said covenant a is exempt under Chapter 42, section 3607 of
the United States Code or b relates to handicap but does
not discriminate against handicapped persons, recorded Jul
10, 1980 under Recorder's Fee #8632, in Book 696, page 111,
records of Flathead counter, Montana.
10. Easement granted to Northwestern Telephone Systems, Inc.
recorded December 17, 1980 under Recorder's Fee #18056, in
Boob 707, page 361, records of Flathead Counter, Montana.
11.. Resolution No, 4174 regarding annexation and zoning, recorded
November 14, 1994 as Document #9431814340, records of
Flathead County, Montana.
12. Terms and provisions contained in ordinance No. 1226,
recorded October 8, 1995 as Document 2 7 15 0 8 0, records of
Flathead County,- Montana.
13. Terms and provisions contained in ordinance No. 127recorded
February 24, 1998 as Document # 19 9 8 0 5 512 210 , records of
Flathead County, Montana.
14. Terms and provisions contained in ordinance No. 1281 recorded
February 24, 1998 as Document 4199805512220, records of
Flathead county, Montana.
15. Declaration of conditions, covenants, and Restrictions and
any rights, provisions, powers, obligations, liens or charges
as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial
status or national origin, unless and only to the extent that
said covenant a is exempt under Chapter 2, Section 3607 of
the United States Code or b relates to handicap but does
not discriminate against handicapped persons, recorded
February 2, 1998 as Document 19 9 0 5 512 2 o, and amendment
recorded September 29, 2000 as Document #2 o 0 02'7 110 7 0,
records of Flathead counter, Montana, and any amendments
thereto.
r
16. Certificate of parkland and note as shown on the unrecorded
plat of Buffalo Commons phase 3 Block 1 Lots 1 and 2.
1. The requirement that the company be furnished an original or
certified copy of the resolution of The Board of Directors,
or Stockholders if required, of Northwest Healthcare
Corporation, authorizing proposed transaction and directing
the execution, of the proper instruments.
1. No search has been made for water rights and unpatented
mining , claims and liability thereon is excluded from coverage
of this Certificate. g
PLAT ROCK
I THEAD COSY p MMTXANA.
0 Be HAIN
RALIBPELLt HT 59901
(406) '5--51
THIS FORM IS FOR SUBDIVISIONS ATJD CONDOMINIUMS ONLY
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