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Staff Report/Final Plat Phase 3 Block 4REPORT To; FROM ID SUBJECT TrimCity Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: ' 51-1 50 Fax: 51-15 trielty geenturytel.net Kalispell Mayor and City Council Narda A. Nilson, Senior Planner Chris A. Iuulski , City Manager Final Plat for Buffalo Commons Lots 1 and 2, Block of Phase 3 MEETING DATE: June 17, 2002 BACKGROUND: This is a request for final plat approval of a tiro lot subdivision in the Buffalo Commons development on the southern corner of Hwy 93 and Commons Loop. This plat creates two lots in area ofthe Planned Unit Development designated for Retail Commercial Office uses. The lots contain 1.610 acres (70,1119 square feet) and 1.248 (54,347 square feet) for a total of 2.86 acres that will be platted. The preliminary plat for this phase was approved by the city council on November 15, 1999 subject to ten conditions. All of the infrastructure for Phases I through Iv of the Buffalo Commons development including grater and serer services, roadways and utilities were installed during previous development with the project and have been accepted by the City. 'These lots have been sold and are being platted for the purpose of conveyence. Buffalo Commons was approved as a Planned Unit Development and as such i sub j ect to a development agreement with the City of Kalispell executed in July of 1995. The overall development plan was subject to access and street locations, landscaping and the types of uses which would be alloyed to occur with the development. This development agreement also outlines the phasing plan with Phase I being the single family area within the development located near the east portion of the site; Phase YI to the north has been designated for multifamily development; Phase III is located to the west of the site along Hvvy 93 and is designated for retail, commercial and office uses while Phase ITT is the northerly professional medical facilities area and Phase v is the southerly professional medical facilities area. E GMME TI ATION A notion to approve the final plat for Lots 1 and 2, Block 4, Phase 3 of Buffalo Commons would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Providing Communlity Planning Assistance To; • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat for Lots I and 2, Block , Phase 3 of Buffalo Commons June 11 , o Page Respectfully submitted, 7 OO4 0tA I• r l at h A. CTIson Chris A. ul ul l i Senior Planner City Manager Report compiled: June 11, 2002 Attachments: Letter of transmittal Final plat application and supporting documents Tri-City Planning Office 17 Secand Street East —Suite 211 Kalispell, Montana 59901 Phone: (40 751-1850 Fax: (406) 7 1- l 8 8 trio ity*en to rytl. n e t June 11, 2002 Chris Ku uls i, City Manager City of Kalispell P.O. Drawer 199' Kalispell, MT 59901 Fie: Final Plat for Lots 1 and Z, Block 4, Phase 3 of Buffalo Commons Dear Chris: Our office has received an application from Northwest rest Healthcare Corp. for approval of the final plat of Lots 1 and 2, Block 4, Phase 3 of Buffalo Commons which will. create two lots on the southern corner of Hwy 93 and Commons Way. The lots are 1.6 10 acres and 1.248 acres in size for a. total area within the plat of approximately 2,86 acres. 'These lots are in the area of the Buffalo Commons PUD that have been designated for retail, commercial or office uses as outlined i the development agreement with the City of Kalispell executed in 1995. All of the required infrastructure for the subdivision such as the water, sewer, roads and utilities was previously installed and have been accepted by the City of Kalispell. The preli i ary plat for this subdivision was approved by the Kalispell City Council on November 15 , 1999 subj ect to ten conditions. Several of these conditions relate to the development of other areas within the Buffalo Commons development, and are not applicable to this plat. The following is a list of the conditions of pr unary plat approval and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS of APPROVAL Condition No. 1. Development ent 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 were indicated on the preliminary plat and are in compliance with the approved plat. Condition No, 2. That the roadways within the subdivision shall be constructed in accordance with the City of Kahspell's Standards for Design and Construction which includes the pavement, curbs, gutters, sidewalks s and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been installed according to the required specifications at the ripe of fm* al plat approval. Providing Community Planning Assistance To: • City of Kalispell * City of Columbia Falls * City of Whitefish • Final Plat for Lots I and 2, Block 4. Phase 3 of Buffalo Cormnons June l I , 22 Page • This condition has been met. All of the required infrastructure such as roads, curb, gutter, sidewalks, water, sewer and drainage have been reviewed and approved by the City of Kalispell Public Works Department when the roadways and related infrastructure were previous accepted by the City in the platting of previous phases of Buffalo Commons. Additionally, a letter from Robert Pe is and Associates certifying the inrpr vements has been submitted with the final Plat. Condition No. 3. That sidewalks shall be constructed on the north side of the Sunnyview Lane next to the property boundary with a minimum fire foot boulevard space between the sidewalk and roadway prior to filing Phase V. This condition is not applicable to this portion of the subdivision, but has been completed as part of the hospital's campus expansion. Condition No, 4. Installation of curb and gutter on the north side of Sunnyview Lane for Phase V, or posting a bond for said curb and gutter, or waiving the ngrht to protest a special ixn.pr v ments district for the same shall be required in conjunction with the fat plat of Phase V. This condition is not applicable to this portion of the subdivision, but has been completed as Part of the hospital's campus expansion. Condition No. S. That approach permits for the required road construction at Heritage Way and Sunn view Lane be obtained from the Kalispell Public Works Department. a This condition is not applicable to this portion of the subdivision. Condition No, 6. That all grater and sewer service plans and specifications shad be reviewed and approved by the Department of Environmental Quality and, the Kalispell Public Works Department. • This condition has been met since the grater and sewer facilities were reviewed and approved with previous phases of Buffalo Commons. Condition No. 7. That a letter from the Kalispell fire chiefa 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 flings for the Buffalo Commons development. It may be noteworthy that when projects develop on these lots they will be reviewed by the site development review committee where fire code issues can be further addressed and potential concerns of the Fire department fully addressed. Final Plat for Dots 1 and 2, Block 4, Phase 3 of Buffalo Commons June 111 20 Page Condition No. S. 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 met for this area with the platting ofprevious phases of the Buffalo Commons development. Condition No., 9. A storm water drainage plan which incorporates the drainage easements indicated on the preliminary plat, along with a grading plan, shall be 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, but will be addressed prior to the filing of Phase V. Condition No, 10. The parking lot on the north side of Sunnyvie r Lane and the proposed temporary expansion of the parking lot must be brought into full conformance with the Kalispell Zoning Ordinance with the infrastructure for Buffalo Commons is developed prior to filing Phase V. • This condition is not applicable to this portion of the subdivision, but it is noteworthy that this condition has been met with the expansion of the hospitaland reconstruction of Sunnyview Lane. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in compliance with the pr liminax r plat which was reviewed and approved by the city council on November 15, 1999. COMPLIANCE — THE SUBDIVISION R.MULATI T : This subdivision plat is in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision is in compliance with the Kalispell Zoning Ordinance and the Planned Emit Development which governs the dimensional requirements of the lots within the subdivision and well as the uses within the various areas of the development. REC bIMENDATII N: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for this subdivision. Please schedule this matter for the regular city council meeting of June 17, 2002. Final Plat for Lots I and 2, Block 4, Phase 3 of Buffalo Commons June 11, 2002 Page Sincerely, IM& I.- 14�t� Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from D Greer dated 6 J 3 / 02 Final plat application dated 6/3/02 Letter from DEQ dated 5/ 15/97 Title report from Sterling Title Services dated 7/ 19/01 Treasurers Certification dated 5/ 17/02 e: David Greer, 1867 Ashley Luke lid, Kalispell, MT 59904 Tim Oliverson, NWHC, 310 Sunn vie r fie, Kalispell, MCI` 59901 Theresa White, Kalispell City Clerk H:... FFO-.I ,dune 2002 arda Wilson David Greer 1867 Ashley Lake lid, Kalispell, MT 59901 RECEIVED Senior Planner JUN 3 2002 Tri-City Planning Office TRI-CITY PLANNING OFFICE 17 Second Street East Kalispell, MT 59901 E: FINAL PLAT OF BUFFALO COMMONS, MOMS, PHASE 3, Block Dear Iarda: Attached are the application materials for the above -referenced final plat. The proposed lot and associated infrastructure are in substantial compliance with the PIED Development Agreement and with the preliminary plat. Lots 1 and 2 of Phase 3, Block 4, are identical to the lot layout shown in the preliminary plat. All the roads, water, and server facilities have been previously accepted by the City. As with the previous applications involving Buffalo Commons, I am 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 architectural review. The fire chief has previously Indicated approval of the fire hydrant locations in this Phase and, as always, has the opportunity to review the site plans of all proposed structures. Please let nee know if you have any questions concerning this application request or require any additional information. Thank you for your continued cooperation. Sincerely' David Greer, aicp Consultant to 1 WHC attachments: Application fee of $300.00 Application form Title report Tax certification statement DECK approval statement (copy, original on file) Plats Narrative response to conditions of approval Narrative Response to Conditions of Preliminary Plat City Resolution No. 4520 Development of the subdivision shall be platted in substantial compliance with the approved Preliminary Flat .................. The easements, roads and lots are identical to those shown on the preliminary plat. 2. That the roadways within the subdivision shall be constructed in, accordance with the City of Kalispell's Standards for Design and Construction... 66000*6006** The roads in Phases 1, 2, 3 and 4 of Buffalo C ommons were subject to a previous final plat application and all were accepted as public streets, which included aspects f 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 Phase 3. . Installation of curb and gutter on the north side of Sunnyview Dane for Phase v, or posting a bond........:. This condition has no application to the subject lot, which is located in Phase 3. 5. That approach permits for the required construction at Heritage Way and Sunnyview Dane be obtained....... This condition has no application to the subject lot, which is located in Phase 3. . That all water and sewer service plans and specifications shall be reviewed and approved by the ...,..... The water and sewer improvements for Phases 1, 2, 3, and 4 have been approved by the City and I EQ. All the infrastructure is complete and have been accepted by the City. A copy of the IQ approval is attached with this application. . That a letter from the Kalispell Fire Chief a pproving the location and placement of fire hydrants........ a a wood A later from the Fire Chief was included in previous plats, whereby the Chief indicated acceptance of all the hydrants in Phases 1, 2, 3, and 4. . That areas be landscaped according to the specifications outlined in the development agreement...... All the common areas in Phases 1-4 have been landscaped and maintained for continuous years. Boulevard landscaping is completed with development of the adj ac nt lots. . A storm water drainage plan which incorporates the drainage easements indicated on the preliminary plat ......... An engineered storm grater drainage system has been completed for phases 1- . The drainage system for phase 5 will be completed or bonded prior to the platting of Phase 5. 10. The parking lot on the north side of Sunnyview Lane and the proposed temporary expans ion. .i6wee a■■woe This condition has no application to the subject lot, which is located in Phase 3. Tri-city Planning office 17 Second Street East Kalispell, MT 59901 FINAL PLAT APPLICATION Subdivision Larne: Buffalo Commons Phase 3 Block Contact Person: Name: David M. Greer Owner: Jinn Oliverson, NWHD Address: 1867 Ashley Labe Fed 310 Sunnyview Lane Kalispell, MT 59904 Kalispell, MT 59901 Phone No.: 06.6.00.2.12 Date of Preliminary Plat Approval: Type Subdivision: Residential Industrial PIT Other No. of Lets Proposed: 2 Park Lana a.: Land in Lots: (ac.) 2.86 cash -in -lieu: Exempt: FILING FEE ATTACHED: $300.00 Non -Residential NOT ATTACKED APPLICABLE IN ��X.d Health Department Certification (XXXIJ Title Report Tax Certification Consent(s)to Plat Sub. Improvements Agreement Parkland Cash -in -Lieu Recorded Covenants Recorded Homeowners rrner By-Laws/Articles f Incorporation Plats 1 Flat rust be signed by all owners of record, the surveyor and examining land surveyor. Attach a letter which lists each condition of preliminary plat approval and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineers certification, State Department of Health certification, etc., original shall be submitted. Blanket statements stating, 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 F.F.D.. 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. In omplete submittal will not be accepted and gill 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 F.F.D.. staff to be present on the property for routine monitoring and inspection during the approval and development ent process. I June 2002 ner Signature Date Plat Room Fathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406)758-5510 This Form is for Subdivisions & Condominiums Only BY: E act. FOR: 4DF-filo)e5� JW-#76We (fd-P. DATA 5-23rO2 DESCQ: ��T� PURPOSE f V!S%�� � zf��2D�CE +h �"2�"ZZ i D h YEARS ASSESSOR # 1993 _. t a q 3 Thrt,L IgRS I qq 3 Thm zaol Th(-� 2W t & TO DATE I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. 0- 0--c 7U (7j Deputy -Treasurer = (seat) MAY 31 �2 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING & COMPLIANCE DIVISION Metcalf Building 1520 East Sixth Ave. MARCR CICOT, GOVERNOR STATE OF MONTANA hone: (406)444-4323 PO Box 200901 Fax: (406)444-1374 Helena, MT 59620-0901 May 15, 1997 Philip Porrini Robert Peccia Associates 825 Custer Avenue Helena, MT 59604 Re: City of Kalispell - Buffalo Commons Planned Unit Development Flathead County EQ # 97-2137 Dear Mr. . Porr ini 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- water maim, approximately 2055 lineal feet of 8 inch Pv -C9OO water - main, 11 hydrants and appurtenances. The project also consists of approximately 3135 lineal feet of 8 inch PVC sewer maim, approximately 470 lineal feet of 6 inch PVC sewer main, 29 new manholes and appurtenances. Approval is based on plan sheets C4-1 through C4-10 and on plan sheets CS-1 through 5 - 9 dated May, 1997 and on specifications received May 1 ,1997 . Both the plans and specifications were received under the stamp of Phil Porrini , Montana Professional Engineer number 4371E. Approval .is also given with the understanding that any deviation from the approved plans and specifications will e' 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 "AAA EQUAL OPPORTUNITY EMPLOYER" drawings signed by the project engineer. It is also understood that construction will be started within two gears 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 Smith, P.E. Drinking nab Tater Section Permitting and Compliance Division Department of Environmental Quality c, City of Kalispell Flathead County Sanitarian PRELE NA Y SUBDIVISION CERTIFICATE OF TITLE To the County of Policy No. 7208926= 110 9 CHICAGO TITLE INSURANCE COMPANY Flathead and the City of _ _Kal i spel 1 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State f 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 17 h day of May , at 5 o'clock P.M., the title to the described real estate was indefeasibly crested in fee simple of record in: Northwest Healthcare orprati Cl, Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of 10, 000. 00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. CHIC GO TITLE INSURANCE COMPANY 7aXI ri ATT 1 Authorizedsi A5��M }� smedY Reorder Form No. 9113 (Reprinted 1 1 0) Preliminary Subdivision Certificate of Titie For Use 1n Montana SCHEDULE LE Page 2 Certificate No. , 7292-119 Our File No.: CG-33324 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: That portion of Government Lots 5 and 6 of Section 6, Township 2 North, large 21 West, and that portion of the Southeast Quarter of the Northeast Quarter SEIxNEI f Section 1, Township 28 North Flange 22 West, Principal Meridian, Flathead Counter, Montana, and more particularly described as follows Commencing at the Southwest corner of Government Lot 5. Section 6, Township 28 North, Range 21. West, thence North 6303812611 East, a distance of 50.37 feet to the Southeast corner of that tract of land denoted as Common Area and Utility Easement on the Plat of Buffalo Commons Phase 3 Block 1 and the point of beginning of the parcel being described; thence along the Easterly boundary of said Common Area and Utility Easement the following two courses North 1504811511 West, a distance of 75.13 feet to the beginning of a 2764.79 foot radius curare concave Easterly having a radial bearing of North 7401613411 East, and along said curve through a central angle of 0605012311 an arc length of 330.05 feet to the beginning of a 50.50 foot radius curare concave Southerly having a radial bearing of South 1404315611 East and the Southerly boundary of Commons Way; thence along said Southerly boundary of said Commons Wad' and along the Westerly boundary of Commons Loop the following four- courses: alone said curare through a central angle of 0701511711 an arc length of 6.39 feet,, North 8203112111 East, a distance of 242.04 feet to the beginning of a 90.00 foot radius curare to the right concave Southwesterly, along said curare through a central angle of 10105311311 an arc length of 160.04 feet and South 0402413411 West, a distance of 355.98 feet to the beginning of a 5 4 . 3 foot radius curare concave Southerly having a radial bearing of South 1502710811 West and the Northerly boundary of Heritage Warr; thence along said Northerly boundary of said Heritage Warr the following two courses: along said curare through central angle of 1203612411 an arc length of 111.03 feet and North 7 ° 3 ' 44 11 West, a distance of 120.34 feet to the Point of Beginning. TO BE KNOWN BUFFALO COMMONS PRASE 3 BLOCK Page 3 Certificate 1 o . . f V -110 Our File No.:CG-33324 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections rhatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or 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 second half of the year 2001. as to a portion) 2. Property taxes, including any assessments collected with the taxes, for the year 2002. . Delinquent water and serer 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 er unrecorded. . Right -of -Way Easement granted to pacific Power & Light Company, a corporation, recorded September 18, 1959 under Recorder's Fee #8, in Book 429, page 512, records of Flathead County, Montana. 7. Easement granted to the City of Kalispell, recorded December 9, 1961 under Recorder's Fee #9039, in Book 443, page 630, records of Flathead County, Montana. 8. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charge as prodded 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, recordedJuly 10, 190 under Recorder's Fee 6, in Book 66, page 111, records of Flathead County, Montana, and any amendments s thereto. 9. Easement granted Northwestern 'telephone Systems, Inc., recorded December 1, 1980 under Recorder's Fee 418056, in Book 707, page 361, records of Flathead County, Montana. 10. Resolution No. 4174 regarding annexation recorded November 14, 1994 as Document 49431814340, records of Flathead County, Montana. - � r 11.. Terms and provisions in ordinance No. 1226 regarding in Planned Unit Development recorded October 3, 195 as Document #927108 , records of Flathead Counter, Montana. 12. 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 October 3, 1995 as Document #9527615080, records of Flathead Counter, Montana, and any amendments thereto. 13. Ordinance -No. 1276 regarding Amendment of Declaration of Conditions, Covenants and Restrictions, recorded February , 1998 as Document #199805512210, records of Flathead Counter, Montana. 14. Ordinance No. 1281 regarding Vacating Declaration of Conditions, Covenants and Restrictions, recorded February 24, 1998 as Document #199805 1222 , records of Flathead Counter, 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 rase, 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 307 of the United States Code or b relates to handicap but does not discriminate against handicapped persons, contained in instrument recorded February 24, 1998as Document #199805512230, and amendment recorded September 29, 2000 as Document # 0 0 02 3110 0 , and amendment recorded December 26, 2001 as Document 20013 01533 , records of Flathead Counter, Montana. 1. Certificate of parkland as shown on the unrecorded plat of Buffalo Commons Phase 3 Block 4. 17. No search has been made for grater rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. I 7!LfQr ��"Ql THIS SKETCH IS FUl NI HK FOR r 2X8 INFORMATION PUR OHES ONLY�i IN PROPERTY L ATI WITH REF E T EN M S T �EETS A! T, ER PARCELS. 1 2 ; 2DCC EPRE ENTATiON S r..--', �i E A T ACCURACY I , F AND STERLINGT IT E S. 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