Resolution 3836 - Preliminary Plat - Heritage PlaceRESOLUTION NO. 3836
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF HERITAGE PLACE, A
PORTION OF SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, Developers Diversified, Ltd., by and through Thomas, Dean and Hoskins,
Inc. , the owners of a portion of Section 6, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, have petitioned for approval of a subdivision of
a portion of Section 6, T28N, R21W, P.M.M. , to be known as Heritage Place, as is
more particularly described in Exhibit "A", attached hereto and for purposes of
this Resolution made a part hereof, and I
WHEREAS, the proposed subdivision, which contains five or fewer lots, is
subject to the Summary Subdivision Review procedures as set forth in §2-7 of the
Subdivision Regulations, City of Kalispell, and
WHEREAS, the Flathead Regional Development Office has reviewed the proposed
subdivision and prepared a report for the City Council of the City of Kalispell,
said report considering and weighing all of the public interest criterion set
forth in §2.2(F)(3), Subdivision Regulations, City of Kalispell, and
WHEREAS, the City Council of the City of Kalispell has had an opportunity to
review the report of the Flathead Regional Development Office and has found from
0
the preliminary plat, and evidence, that the subdivision is in the public interest,
and
WHEREAS, the City Council of the City of Kalispell has based its public
interest finding upon the following findings of fact:
A. EFFECTS ON PUBLIC HEALTH AND SAFETY:
The property does not exhibit any obvious threats from the natural
environment. There are no obvious problems with the topography in the
areas outside the limits of the 100-year flood plain. Threats from
wildfire also seem minimal due to the relative absence of vegetative
ground cover. Police protection will be available from the Kalispell
Police Department. Fire protection will also be available from the
Kalispell Fire Department. Traffic safety will be a particular concern
relative to this subdivision. The anticipated use of the subject
property for a nursing home will generate considerable vehicular
traffic. As currently designed, all traffic will enter and leave the
site via Heritage Way and U.S. Highway 93. It is difficult to estimate
the number of vehicles that might be associated with the subdivision
and use, but it is reasonable to anticipate at least 100 additional
vehicle trips per 12-hour period. These additional vehicle trips at
the intersection of U.S. Highway 93 will likely increase risk of traffic
hazards at that location. This approach to the highway is near the
approach to North Meridian Road and it is also in an area of a 55 MPH
speed limit. The State Department of Highways is currently initiating
a study to assess the safety of existing approaches onto the highway
and a preferred location of additional approaches onto the highway.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject property is highly disturbed, lacking most natural features.
Good wildlife habitat is generally lacking. The proposed subdivision
C3
is also adjacent to various urban developments which, due to disturbance,
adversely affect wildlife populations. This subdivision is not expected
to have a significant impact to wildlife habitat or to most species of
wildlife. I
C. EFFECTS ON NATURAL ENVIRONMENT:
The property has already been extensively disturbed. The topography
is variable throughout with a marked downward slope towards the east.
The property does not exhibit any significant natural features. The
vegetative ground cover is mostly comprised of weedy species. There
are no nearby bodies of open water, nor is groundwater expected to be
close to the surface in this area. Storm drainage will be contained
on site and sewage disposal will be via a municipal sewage system.
D. EFFECTS ON TAXATION:
Pre -subdivision taxes on this particular 5 acre tract is expected to
be- approximately $30.00. Following subdivision to create this addi-
tional lot, taxes will probably approach $7,700.00. Additional taxes
will be assessed when improvements are made on the resulting lot. It
cannot be determined at this time whether the proposed facilities will
be tax exempt. Assuming that the lot and facility will generate
additional tax revenue, it is difficult to determine whether the tax
revenue will fully compensate the costs of providing public services
that benefit the subdivision, especially relative to any public improve-
ments that might be necessary to mitigate traffic concerns at the
intersection of U.S. Highway 93 and Heritage Way.
E. EFFECTS ON LOCAL SERVICES:
The anticipated use of the subject lot is a nursing home. However, if
the lot is created' and zoned as requested, Residential Apartment,
RA-1, then it is possible that some other form of residential occupancy
may be possible, including apartments. The impact to local services
will be different depending on whether the lot is used for residential
dwelling purposes or for a nursing' home. Relative to a nursing home,
this subdivision will have no impact on school enrollment. Similarly,
the subdivision will have minimal impact to the provision of public
recreational opportunities. The 8-inch sewer main that is being extended
to the property for the purpose of serving this subdivision has adequate
carrying capacity to accommodate the projected demands. The 12-inch
water main currently available to the property also has sufficient
capacity to serve the water needs of the subdivision, but a looped
water system may be eventually necessary to service this area of the
City. Impact to the Kalispell Police Department is not expected to be
significant although traffic accidents may increase in the area of
U.S. Highway 93 and Heritage Way. A roadway connection between Heritage
Way and Windward Way may be a possible solution to the traffic concerns.
It would seem prudent to provide a more direct connection between a
con", alescent facility and the hospital. In the event of a fire, both
the staff of the fire and police departments would be necessary to
provide quick evacuation of the facilities.
F. EFFECTS ON AGRICULTURE:
The subject property and vacant land to the north are essentially
surrounded by urban uses in the Kalispell city limits. The property
is not currently in agricultural use nor does it particularly lend
itself to this sort of activity due to its location. As such, impacts
to agricultural activites are not expected with approval of this sub-
division.
G. EXPRESSED PUBLIC OPINION:
The subdivision is being reviewed pursuant to the Summary Review
Procedures of the Kalispell Subdivision Ordinance. These procedures
do not require a public hearing nor do they require notification of
adjacent landowners. To date, no one has indicated a concern relative
to the proposal.
H. NEED FOR THE SUBDIVISION:
A nursing home is proposed on the site. The purchasers of the property
have successfully documented the need for a 100-bed nursing home
facility. Approval of this facility has been granted by the State
Department of Health and Environmental. Sciences.
.NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I. That the application of Developers Diversified, Ltd., for
approval of Heritage Place, a proposal to create one additional lot on
a portion of Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, as'described in Exhibit "A", is hereby approved
subject to the following conditions:
D. EFFECTS ON TAXATION:
Pre�subdivision taxes on this particular 5 acre tract is expected to
be approximately $30.00. Following subdivision to create this addi-
tional lot, taxes will probably approach $7,700.00. Additional taxes
will be assessed when improvements are made on the resulting lot. It
cannot be determined at this time whether the proposed facilities will
be tax exempt. Assumina that the lot and facility will generate
additional tax revenue, it is difficult to determine whether the tax
revenue will fully compensate the costs of providing public services
that benefit the subdivision, especially relative to any public improve-
ments that might be necessary to mitigate traffic concerns at the
intersection of U.S. Highway 93 and Heritage Way.
E. EFFECTS ON LOCAL SERVICES:
The anticipated use of the subject lot is a nursing home. However, if
the lot is created' and zoned as requested, Residential Apartment,
RA-1, then it is possible that some other form of residential occupancy
may be possible, including apartments. The impact to local services
will be d ' ifferent depending on whether the lot is used for residential
dwelling purposes or for a nursing' home. Relative to a nursing home,
this subdivision will have no impact on school enrollment. Similarly,
the subdivision will have minimal impact to the provision of public
recreational opportunities. The 8-inch sewer main that is being extended
to the property for the purpose of serving this subdivision has adequate
carrying capacity to accommodate the projected demands. The 12-inch
water main currently available to the property also has sufficient
capacity to serve the water needs of the subdivision, but a looped
water system may be eventually necessary to service this area of the
City. Impact to the Kalispell Police Department is not expected to be
significant although traffic accidents may increase in the area of
U.S. Highway 93 and Heritage Way. A roadway connection between Heritage
Way and Windward Way may be a possible solution to the traffic concerns.
It would seem prudent to provide a more direct connection between a
convalescent facility and the hospital. In the event of a fire, both
the staff of the fire and police departments would be necessary to
provide quick evacuation of the facilities.
F. EFFECTS ON ACRICULTURE:
The subject property and vacant land to the north are essentially
surrounded by urban uses in the Kalispell city limits. The property
is not currently in agricultural use nor does it particularly lend
itself to this sort of activity due to its location. As such, impacts
to agricultural activites are not expected with approval of this sub-
division.
G. EXPRESSED PUBLIC OPINION:
The subdivision is being reviewed pursuant to the Summary Review
Procedures of the Kalispell Subdivision Ordinance. These procedures
do not require a public hearing nor do they require notification of
adjacent landowners. To date, no one has indicated a concern relative
to the proposal.
H. NEED FOR THE SUBDIVISION:
A nursing home is proposed on the site. The purchasers of the property
have successfully documented the need for a 100-bed nursing home
f acility. Approval of this facility has been granted by the State
Department of Health and Environmental Sciences. I
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1. That the application of Developers Diversified, Ltd., for
approval of Heritage Place, a proposal to create one additional lot on
a portion of Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, as described in Exhibit "A", is hereby approved
subject to the following conditions:
I - That all conditions of annexation, including the extension of the
sewer main, be met prior to final plat approval.
2. That disposal of storm drainage be accommodated in a fashion
acceptable to the Director of Public Works. No runoff shall enter in
any adjoining private properties.
3. That the proposed nursing home be architecturally harmonious with
the adjacent medical facility, including on -site landscaping of the
parking lot, provision of sidewalks, curbs, and lighting. All parking
facilities shall be paved. These requirements shall be subject to
site plan approval by a committee comprised of representatives from
the Public Works Department, Building Department and City Council
Annexation Committee. Construction of the extended care facility shall
not proceed pending approval of the site plan.
4. That fire appara ' tus roads and fire hydrants be located as necessary
to comply with the Uniform Fire Code or as otherwise acceptable by the
Kalispell Fire Department.
5. That utility easements be shown along the perimeter lot lines.
6. That connection to City services (water/sewer) be in accordance to
the City of Kalispell construction standards.
7. That a 60-foot wide public road easement shall. be provided by
Developers Diversified, Ltd. to the City, which shall be fully executed
and notarized for filing. Said easement shall evidence a right-of-way
beginning at the northern terminus of Windward Way and terminating at
the eastern terminus of Heritage Place. The easement shall be held by
the City together with a letter of agreement executed by the City and
Developers Diversified, Ltd. which contain conditions and timing for
the City's filing of the easement and construction of the road subject
to said easement. The terms of the letter of agreement shall be as
follows:
a) The letter of agreement shall be effective for two years with
a single one-year extension upon the request of either party and may
be less by mutual consent of both parties. If, after the two years or
the one-year extension referred to above, the City has prepared a plan
for the development of Windward Way and the road extension to Heritage
Way, and Developers Diversified has not substituted an easement to the
property acceptable to the City, the easement possessed by the City
will be filed. If Developers Diversified and the City within the
period of time above specified are able to agree on acceptable alter-
native access to the property, and Developers Diversified execute a
substitute easement, the easement herein specified shall be returned
to Developers Diversified and the substitute easement filed. If the
City of Kalispell has not prepared a plan for the improvement of
Windward Way and the road extension to Heritage Way and a suitable
alternative access is not agreed upon by both parties, the easement
shall be returned to Developers Diversified.
b) At any time during the term of the agreement, construction of
Windward Way and its extension can commence with mutual consent of
both parties. Construction of the extension between Heritage Way and
the reconstruction of Windward Way will be coordinated to occur at the
same time.,
c) Developers Diversified waives the right of protest of annexation
f or the road easement and agrees to execute in the event a road is
built upon request a Detition for annexation of said road easement, in
the event a road is built. Developers Diversified waives the right of
protest for creation of a Special Improvement District for the con-
struction of said road. Both parties agree to work constructively to
prepare a preliminary master plan layout for an internal road system
and utilities for all of Developers Diversified property in the area.
In the event alternative access to the property is provided by Developers
Diversified during the period hereinabove referred to both parties
agree to substitution of an alternative easement as provided in this
agreement. The City shall have prepared a plan for the improvements
of Windward Way and a roadway extension to Heritage Way prior to the
expiration of this letter of agreement.
8. That all improvements be completed prior to final plat approval or
be guaranteed for completion prior to final plat approval.
SECTION 11. The classification of said pre�iises under the Kalispell
Zoning Ordinance shall not be changed by this action.
SECTION III. That this preliminary plat shall be effective for a
period of three years following passage of this Resolution.
SECTION IV. That upon proper review and filing of the final plat of
said subdivision in the office of the Flathead County Clerk and Recorder
said premises shall be a subdivision of the City of Kalispell.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS
— 6th DAY OF MARCH, 1989.
q !�;o
I" IL-�u �
h�n "Ed" Kennedy Jif., Mayor
ATTEST:
Zity Clerl�--Treasurer
1, the undersigned, City Clerk of the City of Kalispell, certify that the
foregoing is a true copy of the Resolution passed by the City Council of the
City of Kalispell, I-Sontana. at a regular meeting held
City Clerk of the City of Kalispell
I
01/17/89 10A8 %T 216 247 5076 DEV DIVERSIFIED
E A"HIBIT A
A tract of land in the SOutbWest 114 ot tbo NorthLobt 1/4
(Government Lot 9) anU the Northwest 1/4 of W SOULhweLt 1/4
(Covernment Lut 6) Ot SectW & IDWWiP 20 horLh, tango 21 yQatf
Principal herlWn Montana, Flathead COUnty Montanat and more
PartiCAMY 60SOribed aS folloWS;
Commencing at the u0st 1/4 corner of section 6, U06nL&ip 2t
North, Range 21 West, P-MeMou the= N4QU0140"k, 4 ui6t4nue OL
33,36 fO6t to Lhe interaection of the LaSL right-Ot-Way of U.S.
I1i91JW4Y No. 93 &nd the North right-of-way ot heritagu Lay; tLevve
"V4412CUP a 6iaQ"cv of 142.91 Wt. along the North right-ok-
W Of heritage Day; thence Lhsceriy in a curve to Lhe righL WiLli
& a w 1600b'49"o Uadius 4 5U4.63 fuet and Length = JQ.Uh jent
410ng the North right -of -Way of heritage yay; thence IC6015'31"L,
a uiltanv& Oi 11-52 leet along the North right -&-way ol heriL491--
Way Lo the POW-or-huginaing; thence N4*4U121"Er U dilLOnCe 01
271.46 feet; thence =019139"E, a diucance or 520.uo rent; thence
S4*410'21"Wt a dMance of 430,14 feet to the Worth righL-ot-w"y o�
heriLaqe.W4y; the N105019139"W1 a distance Ot 270.00 leet Ljong tLu
Worth righ"Of-waY Of huritaYe LaYl tha= hesterly in a convox
curve to the right With a Am 16*44106", Radius = 372;91 QOL and
LunqLh P JUL,92 ieOl 410ng the Worth right-of-way at Luritage bay;
thence N68035131"% a distance of 148.53 feet along tho North
right-ot-way Heritage wayp to the Point-of-L&ginninq.
Said tract cont4ins 5.000 acres, more or lous, Subject Lu &nd
tOgOther with all e4sepents ot records ane an shown herQun.
I
%
0 06
I I" -