Staff Report/Preliminary Plat Phase 2Flathead egio t .l Development
AvenueRoom 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
October 22, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Preliminary Plat Approval for Buffalo Commons Phase II
Dear Clarence:
The Kalispell City -County .Planning Board held a public hearing at their regular meeting
of October 15, 1997 to consider a request by Northwest Health Care for preliminary plat
approval of Buffalo Commons Phase II, a residential subdivision proposed for 35
townhouse units on twelve parents lots. The twelve lots will be developed with duplex,
triplex and fourplex housing units constructed to a single family standard and conveyed
as individual units. The property contains approximately 8.44 acres and is part of the
70 acre planned unit development Buffalo Commons. The property is located on the
east side of Highway 93 North on the north side of Heritage Way.
Narda Wilson with the Flathead Regional Development Office presented a staff report
and recommended approval of the preliminary plat subject to ten conditions.
David Greer, representing the applicants, reviewed the history of the development and
stated they agreed with the conditions. An adjacent property owner spoke in opposition
to the multi -family lots next to their larger single family lots, stating that there is no
market for townhouses and that they would be surrounded by multi -family
development.
Board members were familiar with this project and noted the merits of the PUD. They
also noted that this project has been in the planning stages for several years. A motion
to adopt FRDO Report #KPP-97-3 as findings of fact and to recommend that the city
council approve the proposed preliminary plat subject to the ten conditions was passed
unanimously on a vote of eight in favor and none opposed. Attachment A lists the
recommended ten conditions.
This information is being forwarded to you to be scheduled for the November 3, 1997,
regular city council meeting. Please contact this board or Narda Wilson at the Flathead
Regional Development Office if you have any questions regarding this matter.
Sincerely,
spell City -County Planning Board
Pamela J. B. ennedy
Vice President ---
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Buffalo Commons Phase 1I
October 22, 1997
Page 2
PJBK/NW/eo
Attachments: FRDO Report #KPP-97-3 w/ application materials
Draft Minutes 10/ 15/97 Planning Board meeting
Attachment A - Conditions of Approval
c: w/Att: Debbie Gifford, Kalispell City Clerk
c: w/o Att: Northwest Healthcare, 325 Claremont, Kalispell, MT 59901
David Greer, MT Ping Consultants, Box 7607, Kalispell, MT 59901
H: \... \TRANSIT \ 1997 \KPP973
EXHIBIT
BUFFALO COMMONS PHASE !'!
CONDITIONS OF APPROVAL AS RECOMMENDED
! •' h
•[ ! -•_
That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots,
easements and roadways.
2. That the public roadways within the subdivision shall be constructed in
accordance with the adopted Standards for Design and Construction which
includes the pavement, curbs, gutters, sidewalks 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
time of final plat approval.
3. That approach permits for the required road construction at Windward Way and
Grandview Drive be obtained from the Kalispell Public Works Department.
4. The developer shall install a central mailbox location approved by the U.S. Postal
Service and shall be indicated on the final plat.
5. That sidewalks shall be constructed on both sides of the public street and there
be a minimum five foot boulevard space between the sidewalk and public
roadway that is planted with street trees as specified in the development
agreement with the City of Kalispell..
6. That the common area within the subdivision be accepted as fulfilling the
parkland dedication requirement and that the area be landscaped according to
the specifications outlined in the development agreement with the City of
Kalispell. All utilities shall be installed underground.
7. A storm water drainage plan which incorporates the drainage easements
indicated on the preliminary plat shall be reviewed and approved by the City of
Kalispell.
8. That all water and sewer service plans and specifications shall be reviewed and
approved by the Department of Environmental Quality and the Kalispell Public
Works Department.
9. 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.
10. That preliminary approval shall be valid for a period of three years from the date
of approval.
H:\TRANSM1T\KPP973A
r r r •• rIf ILI'
SLTBDMSION REPORT•
OCTOBER••
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for preliminary plat approval of a 35 lot multi -family residential
subdivision on approximately 8.44 acres which is part of the Buffalo Commons Planned
Unit Development A public hearing on this matter has been scheduled before the Kalispell
Planning Board for October 15, 1997 beginning at 7:00 PM in the Kalispell City Council
Chambers. A recommendation from the Planning Board will be forwarded to the Kalispell
City Council for final action.
-• r
A. Owner/Applicant
Northwest Healthcare Corp.
325 Claremont Street
Kalispell, MT 59901
(406) 752-8483
Technical Assistance: David Greer
Montana Planning Consultants
P.O. Box 7607
Kalispell, MT 59904
(406)756-1236
B. Location:
This property is located east of Highway 93 North approximately 1,200 feet and
northeast of Heritage Way and Windward Way. The property can be described as
portions of Assessor's Tract 2DCEA and 7ETG located in Section 6, Township 28
North, Range 21 West and Section 1, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
C. Size: Total area: 8.44 acres
Area in Lots: 4.18 acres
Common Area: 2.64 acres
D. Nature of the Request:
The applicants are requesting preliminary plat approval of a 35 lot multi -family
residential subdivision on approximately 8.44 acres which is part of an overall
mixed use planned unit development known as Buffalo Commons. Approval of the
project was subject to a specific phasing program, lot layout, access and street
locations, landscaping and the types of uses which would be allowed to occur with
the development. This project was approved by way of a "development agreement"
by the Kalispell City Council with Ordinance 1226 on June 5, 1995. This
development agreement 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.
Currently, the developers are in the process of installing all of the required
infrastructure for the development including water and sewer services, roadways
and utilities. The plans and specifications for these improvements have been
prepared by the engineering firm Peccia and Associates, and are currently under
review by the Kalispell Public Works Department.
This specific development will involve 35 townhomes being developed on 12 "parent
tracts" within the subdivision. The townhomes will be connected through common
walls with the property boundary bisecting this common wall. The design will
include duplex, triplex and fourplex units. Thirty of the units will be single story
and the remaining five two story units will be located on sublots 10A, 10B, 10C,
10D and 12B.
E. Existing Land Use: This property is currently undeveloped. Phase I of Buffalo
Commons, the single family development to the east, has received preliminary plat
approval by the City Council.
F. Adjacent Land Uses:
Several of the properties surrounding this site are intended to be developed as part
of the Buffalo Commons PUD. Adjacent land uses are a mix of medical /
professional and residential.
North: Single family residences, R-4 zoning
South: Intended for professional / medical offices as part of the PUD
East: Single-family residences, RA-1 and PUD zoning
West: Intended for professional / medical offices as part of the PUD
G. Zoning: This property is zoned as part of the Buffalo Commons PUD which is
adopted as zoning for the property and subject to specific and sequential
development standards. The Buffalo Commons PUD is a mixed use development
which includes single family residential, multifamily residential, professional /
medical facilities and retail commercial / office "pods" within the development.
H. Relation to Master Plan Map: This property lies within the Kalispell City -County
Planning jurisdiction. The master plan map designates this area as Medical /
Professional. As part of the planned unit development for this site which combines
integrated and complementary uses, this subdivision can be found to be in
compliance with the master plan land use designation and the goals and objectives
of the master plan text.
Utilities:
Water:
City of Kalispell
Sewer:
City of Kalispell
Electricity:
Pacific Power and Light (underground)
Telephone:
PTI Communications (underground)
Solid Waste:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #S, Kalispell
Police.
City of Kalispell
This application is reviewed as a major subdivision in accordance with State statutory
review criteria and the Kalispell County Subdivision Regulations.
0
Effects on Health and Safety:
Fire: Fire access to the area will be by way of a paved road system which has been
reviewed, approved and built to City of Kalispell design standards. Access will be by
individual driveways into each townhouse unit "pod." These driveways will be the
maintenance responsibility of the property owners and homeowners association. A
short turnaround area has been provided at the end of each driveway for fire truck
access. This design has been preliminarily approved by the Kalispell Fire
Department. Risk of fire to the area appears to be minimal.
Flooding and topography: This area is at a minimal risk of flooding because there is
no surface water in close proximity to the site which might inundate the area. The
topography of the site is characterized by gently rolling hills with slopes in the area
of about five to eight percent. No apparent risks to health and safety are present
which might be associated with the topography of the site.
Roads: Primary access to the site will be gained through the extension of
Northridge Drive to the south. Northridge Drive will be extended to the east to
connect with Grandview Drive. There will be an internal loop road known as
Windward Loop which will connect to Windward Way and Northridge Drive. Access
to the lots will be generally good once the roads and driveways have been installed.
B. Effects on Wildlife and Wildlife Habitat:
The site is not mapped within any big game winter range and does not provide
significant habitat to wildlife. This property is within an area of Kalispell that can
be considered to be on the urban fringes. No significant impacts to wildlife or
wildlife habitat can be anticipated as a result of this subdivision.
C. Effects on the Natural Environment:
There is no surface water in the area which might be effected by this development.
There is no obvious high groundwater in the area which may be effected or which
might be impacted by this development. The terrain can be described as gently
rolling hills. There are two drainage detention areas indicated on the preliminary
plat at the northwest corner of the property and at the east end of the park area to
the south of the property. Revegetation of the disturbed areas should be done
within a reasonable time after development to deter erosion and other drainage
problems. This revegetation is anticipated.
D. Effects on Local Services:
Sewer and Water: City of Kalispell water and sewer are being extended to serve the
lots within this subdivision. There is sufficient capacity within the Kalispell sewer
treatment plant and within the water system to accommodate this development.
The impacts to these services were assessed and anticipated with the review and
approval of the planned unit development in 1995.
Roads: An entire road system is part of the Buffalo Commons PUD. There will be
an internal loop road system within the development which is anticipated to be
constructed prior to the platting of other lots within the development. The
extension of Northridge Drive is planned as a main entrance to the development
which will be extended to Grandview Avenue. A signal at the intersection of
Northridge Drive and Highway 93 North is anticipated.
It can be anticipated that approximately 350 vehicle trips per day may be generated
from this subdivision onto roadways in the area once the subdivision has been fully
developed. With the road upgrades and required road extensions, the roads in the
area will be adequate to accommodate the additional traffic generated from this
subdivision. The new infrastructure will generally address the impacts the new
development would create.
Heritage Way also provides access to the development off of Highway 93 North. The
development agreement with the City provides an option for closing Heritage Way or
leaving it in place. This subdivision does not deal with that issue.
Schools: This subdivision is within the boundaries of School District #5. Children
from this subdivision would attend Edgerton School, Linderman School and
Flathead High School. It can be anticipated that this subdivision may generate
approximately 17 school age children once the subdivision is fully developed.
However, the developers anticipate a number of elderly residents to locate in the
subdivision, thereby decreasing the impacts to the district. School District #5 will
be able to accommodate the additional students which might be generated from this
subdivision.
Parks: This subdivision is subject to the parkland dedication requirements as
outlined in the Kalispell Subdivision Regulations and as required under State
Statute. The parkland dedication requirement is 11 percent of the area devoted to
lots or 11 percent of 4.18 acres in lots or 20,029 square feet (.46 acre) of parkland.
The developer has proposed that the common area within the subdivision located at
the northwest corner and to the south of the subdivision be used to fulfill the
parkland dedication requirement. The Kalispell Subdivision Regulations provide for
the use of common area within a planned unit development to fulfill the parkland
dedication requirements.
There is also a provision for boulevard landscaping in the development agreement
with the City of Kalispell. The agreement calls for trees to be planted 40 to 50 feet
on center and which are at least 1 1/4 to 11/2 inches in diameter and at least eight
to ten feet in height when planted. The City of Kalispell has agreed to a five year
plan which would involve contributing 20 trees per year for the boulevard tree
plantings. The plants will be of two inch caliper.
Police Protection: This development will be served by the Kalispell Police
Department. According to the Kalispell Police Department, they will be able to
adequately serve this area.
Fire Protection: This development will be served by the Kalispell Fire Department.
The location and placement of fire hydrants will be according to the specifications of
the City of Kalispell. Fire flows in the area will be adequate to accommodate the
hydrant network within the development and subdivision.
Refuse Disposal: The subdivision will be served by the City of Kalispell for solid
waste disposal. Adequate space at the County landfill is available for the solid
waste which will be generated by the subdivision.
Medical Services: Flathead Regional Hospital is approximately one mile from the
site. Ambulance services are available to serve this subdivision and access is good.
E. Effects on Agriculture and Agricultural Water Users Facilities:
The soils in this area have limited agricultural value. This property has been idle
grasslands. This subdivision will have an insignificant impact on agriculture in the
Valley and is more valuable for residential development because of its close
proximity to Kalispell and associated services and the lack of obvious development
constraints.
F. Compliance with Master Plan
The Kalispell City -County Master Plan Map designates this area as Medical /
Professional. Buffalo Commons PUD has been approved with the overall goals and
objectives of the master plan and has been found to further those goals. Phase I of
5
the Buffalo Commons PUD under review is found to be in substantial compliance
with the master plan.
G. Compliance with Zoning Regulations
This zoning for this property is a planned unit development, Buffalo Commons.
Lots within the single family phase have been designated to be a minimum of 7,000
square feet with a minimum lot width of 60 feet. Setbacks are 20 feet in the front
and rear and five feet on the sides with a 20 foot wide corner setback. All of the lots
within the subdivision meet or exceed the minimum lot specifications of the
approved plan.
SubdivisionH. Compliance with the
The preliminary plat appears to be in substantial compliance with the State and
City Subdivision Regulations.
0M N) 0 5PA�•
The Flathead Regional Development Office would recommend that the Kalispell City
County Planning Board adopt the Staff Report #KPP 97-3 as findings of fact and
recommend to the Kalispell City Council that preliminary plat approval for Buffalo
Commons Phase II be granted subject to the following conditions:
1. That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots,
easements and roadways.
2. That the roadways within the subdivision shall be constructed in accordance with
the adopted Standards for Design and Construction which includes the pavement,
curbs, gutters, sidewalks 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 time of final plat approval.
3. That approach permits for the required road construction at Windward Way and
Grandview Drive be obtained from the Kalispell Public Works Department.
4. The developer shall install a central mailbox location approved by the U.S. Postal
Service and shall be indicated on the final plat.
5. That sidewalks shall be constructed on both sides of the street and there be a
minimum five foot boulevard space between the sidewalk and roadway that is
planted with street trees as specified in the development agreement with the City of
Kalispell.
6. That the common area within the subdivision be accepted as fulfilling the parkland
dedication requirement and that the area be landscaped according to the
C
specifications outlined in the development agreement with the City of Kalispell. All
utilities shall be installed underground.
7. A storm water drainage plan which incorporates the drainage easements indicated
on the preliminary plat shall be reviewed and approved by the City of Kalispell.
8. That all water and sewer service plans and specifications shall be reviewed and
approved by the Department of Environmental Quality and the Kalispell Public
Works Department.
9. 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.
10. That preliminary approval shall be valid for a period of three years from the date of
approval.
H: \FRDO \REPORTS \97 \KPP97-3
so
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it
M,. MONTANA PLANNING CONSULTANTS
PO Box 7607 Kalispell, Montana 59904 (406) 756.1236
September 12, 1997
Narda Wilson
Flathead Regional Development Office
723 Fifth Ave. E
Kalispell, MT 59901
Dear Narda:
JCAM N MATF-I i A!
4i— t
SEP 12199i
}
F. R. D. 0.
Attached are the application materials for Phase II of Buffalo Commons. The subdivision
proposes 35 sublots on 12 "parent" lots. The design includes duplex, triplex, and fourplex
townhouse units. Thirty of the units will have a single level design. Two-story units will be
located on lot 10 and sublot 12B. The architecture of each building will be subject to
approval by the Architectural Review Committee of NWHC consistent with the provisions
of the covenants.
The plat includes the engineering plans for water, sewer, storm drainage, and all other
utilities. The interior driveways will be private and be posted for "No Parking" as per the
suggestion of the Fire Chief. The park site and common area will be improved in
accordance to the PUD approval.
NWHC looks forward to the successful completion of this phase of development. Thank
you for your continued cooperation and support with the implementation of the Buffalo
Commons PUD. Please do not hesitate to call me if you have any questions or desire
additional information.
Sincerely,
David M. Greer
Planner
c: Tom Laux
Land Use Consultants for the Private and Public Sectors
APPLICATi FOR SUBDIVISION PRELIMINARY PLAT APPROVAL
This application shall be submitted, along with all information required by
the applicable Subdivision Regulations and the Montana Subdivision and
Platting Act, and the appropriate fee tdi—Z-tt!,AntGlty
Flathead Regional Development Office, 723 Fifth Avery q,&.t41 R&I �
Kalispell, Montana 59901 - Telephone (406').A �-118'8slgzl�t� _ i
SUBDIVISION NAME: --BUFFALO COMMONS - PHASE II___ i
SEP 12 1997
OWNER(S) OF RECORD ""° ' — --
Name Northwest Healthcare Corp. Phone 75F,-%49A
Mailing City, State
Address 325 Claremont St & Zip Code Kalispell, MT
PERSONS) AUTHORIZED TO REPRESENT THE SUBDIVISION AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name David Greer, Montana Plannina Consultants Phone 752-8483
Mailing City, State
Address P.O. Box 7607 Kalispell, MT & Zip Code 59904
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
Name & Address Montana Planning_ Consultants, Box 7607, Kalispell, MT
Name & Address Eby & Assoc., P.O. Box 7144, Kalispell, MT 59904
Name & Address Robert Peccia & Assoc., Box 5653, Helena, MT 59604
LEGAL DESCRIPTION OF PROPERTY:
City/ Assessor's
County Kalispell Tract No(s) 7ETG, 2DCEA
Street Lot
Address Sunnyview Lane No(s)
1/4 portion govt lots 5 & 6 28 21
Section SENE SEC 1 Township 28 Range 22
GENERAL DESCRIPTION OF PROPOSED SUBDIVISION: 35 townhouse lots within
Buffalo Commons PUD
Number of lots or Rental Spaces 35 Total Acreage in Subdivision 8.44
Total Acreage in Lots 4.18 Minimum Size of Lots or Spaces 3945 SO FT
Total Acreage in Streets or Roads 2.64 Maximum Size of Lots or Spaces 8829 SO FT
Total Acreage in Parks, Open Space and/or Common Areas 1.63 ACRES
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family Townhouse 35
Duplex Mobile Home Park
Multi -family Recreational Vehicle Park
Apartment Commercial
Planned Unit Development Industrial _
Condominium -- business Other
APPLICABLE ZONING DESIGNATION & DISTRICT City PUD
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $ 300,0000
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel XX Paved XX Curb XX Gutter XX Sidewalks Alleys Other
Water System: —Individual —Multiple User Neighborhood XX Public Other
Sewer System: Individual Multiple User Neighborhood XX Public Other
Other Utilities: XX Cable TVK�;_Te1ephone XX Electric XX Gas Other
Solid Waste: XX Home Pick-up Central Storage Contract Hauler Owner Haul
Mail Delivery: Central XX Individual School District: School District 5
Fire Protection: XX Hydrants Tanker Recharge Fire District: Kalispell
Drainage System: On -cite collection as per engineering drawings
PROPOSED EROSION/SEDIMENTATION CONTROL: Erosion control measures include
reveaetation of all disturbed areas and as otherwise described by the
construction bid documents
VARIANCES: ARE ANY VARIANCES REQUESTED? NO If
information below. (yes/no)
SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP:
so(' lease complete the
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF
REGULATIONS:
PROPOSED ALTERNATIVES) TO STRICT COMPLIANCE WITH ABOVE REGULATIONS:
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW:
1. Will the granting of the variance be detrimental to the public health,
safety or general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted
zoning regulations or Master Plan?
4. Are there special circumstances related to the physical characteristics
of the site (topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need
for the variance?
T,TST nF MATERTAT,S SURMTTTED WITH THIS APPLICATION.
a. Plats -- 16 copies
e. Application fee
b. 1-11X17 copy of plat
f. Covenants
C. List of adjacent landowners
g.
d. Engineering Plans (see Public
Works Dept)
h.
I hereby certify under penalty of perjury and the laws of the State of Montana
that the information submitted herein, on all other submitted forms,
documents, plans or other information submitted as part of this application,
to be true, complete, and accurate to the best of my knowledge. Should any
information or representation submitted in connection with this application
be incorrect or untrue, I understand that any approval based thereon may be
rescinded, and other appropriate action taken. The signing of this
application signifies approval for F.R.D.O. staff to be present on the
property for routine monitoring and inspection during this approval and
devej�opment process.
(applicant)
(date)
CERTIFICATION
S-92
FRDO FILE #: KPP-97-3
I, the undersigned, certify that I did this date mail via certified or
registered mail a copy of the attached notice to the following list of
landowners adjoining the property lines of the property that is to be
subdivided.
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
SEE ATTACHED LIST PROFESSIONAL PARTICIPANTS:
DAVID GREER
MT PLANNING CONSULTANTS
PO BOX 7607
KALISPELL MT 59904
EBY & ASSOC
PO BOX 7144
KALISPELL MT 59904
ROBERT PECCIA & ASSOC
BOX 5653
HELENA MT 59604
VILAfiHEd113 V-OVN l'Y PLAT ROOM
N116 S. Main
kitllypell, MT 59901 BUFFALO COMMONS PHASE 2
ono( 6� 9//a197 ADJACENT LAND OWNERS
Located in Section 6, TWN 28N, RNG 21 W & Section 1, TWN 28N, RNG 22W
I Tract Lands in Section 1
2DCEA
0983404
2DCE
0196540
2DCD
0969773
Park View
Terrace - Block 1
Northwest HealthCare Corp
325 Claremont St
Kalispell, MT 59901
Northwest HealthCare Corp
325 Claremont St
Kalispell, MT 59901
Buffalo Head Properties
22 2"d Ave W Suite 2200
Kalispell, MT 59901
Shawn K. & Beverly G. Montgomery
101 Indian Trail Rd
1
0033705
Kalispell, MT 59c01
Carolyn M. Grisez
107 Indian Trail Rd
2
0308701
Kalispell, MT 59901
Gareth D. & Alice L. Potter
113 Indian Trail Rd
3
0704371
Kalispell, MT 59901
David A. & Mildred E. Logan
119 Indian Trail Rd
4
0508370
Kalispell, MT 59901
Melville P. & Rose Marie Hughes
10 Shari Ct
5
0938515
Novato, CA 94947
Gary Lee & Kathryn Ann Manning
276 Addison Square
6
0938516
Kalispell, MT 59901
Henry M. Kengerski
451 North Hill Rd
7
0441940
Kalispell, MT 59901
Thomas D. & Betty H. Reed
Dorothy K. Prunhuber
P.O. Box 291
8
0005161
Bigfork, MT 59911
1
ASSESSOR:..:.
.
LOT
LAN[3 ;ODUIER
Melville P. & Rose Marie Hughes
10 Shari Ct
9
0005162
Novato, CA 94947
Michael W. McGrauth
Janice Starr Walker
P.O. Box 5663
10
0689035
Fullerton, CA 92635
Allen R. Halverson
161 Indian Trail Rd #3
11
0430251
Kalispell, MT 59901
The Melville P. & Rose Marie Hughes Trust
10 Shari Ct
12
0295512
Novato, CA 94947
Tract Lands in Section 6
John J. & Brenda Lee Vincent Revocable Trust
P.O. Box 958
3G
0898919
Polson, MT 59860
Northwest HealthCare Corp
325 Claremont St
7ETG
0983404
Kalispell, MT 59901
Northwest HealthCare Corp
325 Claremont St
7ETH
0196540
Kalispell, MT 59901
Northwest HealthCare Corp
325 Claremont St
7ET
0969517
Kalispell, MT 59901
Northwest HealthCare Corp
325 Claremont St
5AE
0332924
Kalispell, MT 59901
The Melville P. & Rose Marie Hughes Trust
10 Shari Ct
3F
0295509
Novato, CA 94947
Prepared by:
Montana Planning Consultants
P.O. Box 7607
Kalispell, MT 59904
756-1236
r : r r r r 1� _ • �t rat •
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Wednesday, October 15, 1997, beginning at 7:00 PM in the City Council
Chambers, Kalispell City Hall, 213 First Avenue East, Kalispell. During this regularly
scheduled meeting, the Board will hold a public hearing to consider the following agenda
items and make a recommendation to the Kalispell City Council and/ or the Board of
County Commissioners:
To the Kalispell City Council:
1. A request by First Security Bank of Kalispell for a zone change from the current B-1,
Neighborhood Buffer District, to B-3, a Community Business District. The property
proposed for the zone change is located on the northwest corner of Meridian Road and
Two Mile Drive. The property proposed for rezoning can be described as the east 1.48
acres of Assessor's Tract 5CD located in Section 12, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
2. A request by Sands Surveying, Inc. on behalf of Penco of Montana, Inc. for preliminary
plat approval of a 24 lot single family subdivision. The subdivision is a replatting of 12
four unit townhouse lots which were previously approved for 48 townhouses in the
Buffalo Stage Subdivision Phase I. This proposal will amend the previously approved
subdivision lots to single family lots. The area proposed for replatting contains 5.85 acres
and can be described as Lot 1T through 12T, Buffalo Stage Phase I located in Sections 31
and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
3. A request by David Meredith on behalf of Immanuel Lutheran Home for a conditional use
permit for additions to their existing nursing home. If granted, the conditional use permit
would allow a 12 bedroom expansion and a new entryway onto the existing facility. The
property is zoned H-1, Hospital, which lists nursing homes as a conditionally permitted
use. The property is located at 183 Crestline Avenue and can be described as Lots 1 and
2, Block 2, Highland Park Addition located in Section 7, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana.
4. A request by Montana Planning Consultants on behalf of Northwest Health Care for
preliminary plat approval of Buffalo Commons, Phase H, a 35-unit townhouse subdivision
which is part of an mixed used Planned Unit Development known as Buffalo Commons,
approved in June of 1995. Approximately 70 acres of land has been zoned under the PUD
with the preliminary plat comprising approximately 8.44 acres of the total site with 4.18
acres in lots and 2.64 acres in open space on the northernmost portion of the PUD. The
property is located on the east side of Highway 93 North and on the north side of Heritage
Way. The property can be described as portions of Assessor's Tract 2DCEA and 7ETG
located in Section 6, Township 28 North, Range 21 West, and Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
To the Board of County Commissioners:
5. A request by Paul J. Stokes and Associates on behalf of McElroy & Wilken, Inc. for a zone
change from the current R-4, a Two Family Residential, zoning district to R-1, a Suburban
Residential zoning district. The property proposed for the zone change contains
approximately 2.83 acres and is in the Evergreen and Vicinity Zoning District. It is
located between Ninth Avenue E.N. and Tenth Avenue E.N., north of their northernmost
boundaries and is bordered on the south and west by the Kalispell city limits. The
property can be described as Assessor's Tract 30I located in Section 8, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
6. A request by Paul J. Stokes and Associates on behalf of Robert Rinke and John Coziahr
for a zone change from the current R-1, a Suburban Residential, zoning district to R-2, a
One Family Limited Residential zoning district. The property proposed for the zone
change contains approximately one acre and is in the Evergreen and Vicinity Zoning
District. If granted, the zone change would allow the creation of one additional parcel.
The property is located approximately 1,600 feet north of West Evergreen Drive on the
west side of Kings Way. The property can be described as Assessor's Tract 3BBG and is
located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana.
Documents pertaining to these agenda items are on file in the Flathead Regional
Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, (406)758-
5980, and are available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and
concerns know to the Board. Comments in writing may be submitted to Narda Wilson of
the Flathead Regional Development Office at the above address prior to the date of the
hearing.
Thomas R. Jentz
Planning Director
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VICINITY MAP
NORTHWEST HEALTH CARE
BUFFALO COMMONS SUBDIVISION PHASE II
PRELIMINARY PLAT FOR 35 UNIT
TOWNHOME SUBDIVISION
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DECLARATION OF
COVENANTS CONDITIONS AND RESTRICTIONS
BUFFALO COMMONS
(Multi -Family)
THIS DECLARATION, made this day of
1995, by Northwest Healthcare Corporation, hereinafter referred to as "DECLARANT',
WITNESSETH;
That WHEREAS, Northwest Healthcare Corporation is the owner of real property
situated in Flathead County, Montana, described herein on Exhibit "A", (Note: herein
just the legal description of the Multi -Family of Buffalo Commons) a copy of which is
attached hereto and by this reference made a part hereof. This property is that portion
of the Buffalo Commons designated Multi -Family.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit "A" to the Conditions, Covenants and Restrictions
hereinafter set forth, each and all of which is and are for the benefit of said property
and for each owner thereof and shall inure to the benefit and pass with said property,
and each and every parcel thereof, and shall apply to and bind the successors in
interest, and any owner thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real property
above -described, hereby declares that the said real property is, and shall be, held,
transferred, sold and conveyed, subject to the conditions, restrictions, covenants and
reservations hereinafter set forth; and
All persons or corporations who now or shall hereafter acquire any interest in
and to the above -described property shall be held to agree and covenant with the
owner of any of the property hereinabove described, or any parcel thereof, and with
their heirs and successors and assigns, to conform to and observe the following
covenants, restrictions, and conditions as to the use thereof, and as to the
construction of dwellings and improvements thereon.
ARTICLE I. DEFINITIONS
Section 1: "Declarant" herein mentioned is Northwest Healthcare Corporation.
Section 2: "Association" shall mean The Buffalo Commons Property Owners
Association.
0
Section 3: "Owner" shall mean and refer to the person or persons owning a
parcel of land in fee simple, absolute, individually or as an owner in any real estate
tenancy relationship recognized under the laws of the State of Montana, including a
unit ownership pursuant to a recorded unit ownership declaration.
Section 4: "Common Area" shall mean all real property owned or maintained
by the Association for the common use and enjoyment of others, including but not
limited to parks, trails, roadways, easements, and recreational facilities.
Section 5: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section 6: "Vote" or "voter", shall mean one vote per lot.
ARTICLE II. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Members/Terms: The Architectural Review Committee shall
consist of three individuals appointed by the Board of Directors of the Buffalo
Commons Property Owners Association from owners within the property described in
Exhibit "A" and shall be known as the Buffalo Commons Multi -Family Architectural
Review Committee hereinafter referred to as Architectural Review Committee. The
members of the Architectural Review Committee may be appointed and removed at
the sole discretion of the Board of Directors of the Buffalo Commons Property Owners
Association.
Section 2. Function of the Architectural Review Committee: All owners
intending to construct any structure whatever upon any lot, shall first submit their
plans and specifications, in writing, to the Architectural Review Committee. All plans
for the construction of any building, private road or driveway, fence, wall or other
structure to be erected upon any lot and the proposed location thereof upon any lot
and any change, after approval thereof, any remodeling, reconstruction, alteration or
addition to any building, road, driveway, or other structure upon any lot in said
premises, shall require written approval of said Architectural Review Committee.
Before beginning the construction of any building, road or driveway, fence, wall or
other structure whatsoever, or remodeling, reconstruction or altering such road,
driveway or structure upon any lot, the person or persons desiring to effect, construct
or modify the same shall submit to the Architectural Review Committee, a complete
set of plans and specifications thereof including front, side, and rear elevations, floor
plans for each floor and basement, exterior color schemes, a block or plot plan
indicating and fixing the exact location of such structure or such altered structure on
the grading plan if requested. A reasonable fee shall be paid to the Architectural
Review Committee with such plans, said fee to be set by said Committee. (Preliminary
sketch of plan may be submitted prior to the execution of detailed drawings.)
In the event the proposed improvement shall be one for repainting or
redecorating the exterior of such structure without remodeling or changing it, or
making additions thereto, it shall only be necessary to file one color scheme of such
proposed work and have the same approved prior to the commencement of such work.
Section 3. Approval by Architectural Review Committee: Approval by the
Architectural Review Committee of all exterior plans and specifications must be
submitted for approval in writing, and shall not be deemed to be a waiver by the
Architectural Review Committee of the right to object to any of the features or
elements embodied in such plans or specifications if and when the same features or
elements are embodied in any subsequent plans or specifications submitted for
approval for use on other building sites. In the event the Architectural Review
Committee fails to act within thirty (30) days after the proposed plans and
specifications of any structure have been submitted, in writing, or in any event, if no
suit to enjoin the construction has been commenced prior to the completion of an
entire dwelling, no specific approval shall be required for such structure and the
pertinent provisions to the Declaration shall be deemed to have been fully complied
with. The Architectural Review Committee may, at any time, inspect any building or
property located in said subdivision for the purpose of determining whether the exterior
of said building conforms to these covenants. Approval of such plans and
specifications shall be evidenced by written endorsement on such plans or
specifications, a copy of which shall be delivered to the owner or owners of the lot
upon which the prospective building, road, driveway or other structure is
contemplated, prior to the beginning of such construction. No changes or deviations
in or from such plans and specifications as approved, shall be made without the prior
written consent of the Architectural Review Committee, and construction shall be
completed within one (1) year from date of approval of said plans and specifications.
Structural engineering shall be the responsibility of the owner. The Architectural
Review Committee may waive such provisions contained in these covenants as they
deem appropriate. In passing upon any plans and specifications submitted to it, the
Architectural Review Committee shall consider:
a) Suitability of the improvement and materials of which it is to be
constructed to the site upon which it is to be located;
b) The nature of the adjacent neighboring improvements;
c) The quality of the materials to be utilized in any proposed
improvements; and
d) The effect of any proposed improvement on the adjacent or
neighboring property.
3
In passing on any plans and specifications, it shall be an objective of the
Architectural Review Committee to make certain that no improvement will be so
similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will
be impaired, and to maintain for the benefit of the Architectural Review Committee and
all subsequent individual lot owners, the nature character of the land and to require
that all man-made structures blend into the natural background rather than stand out
against it.
The Architectural Review Committee may consult any other Architectural
Review Committee of and appointed by the Buffalo Commons Property Owners impact
on property and structures within the Buffalo Commons development other than the
property, the subject of these covenants.
The Architectural Review Committee shall consider the guidelines set forth in
Articles lll, IV, V and VI in its review of plans and specifications:
ARTICLE III. RESTRICTIONS AS TO LAND USE
Section 1. Multi -Family: The following are permitted uses for the land
set forth in Exhibit "A" attached hereto:
Boarding house
Duplex
Boarding house
Community center
Foster/group homes
Specialty care housing
Single family dwelling
Day care
Multi -family (tri-plex, four plex)
Community residential facility
Retirement center
Church
ARTICLE IV. RESTRICTIONS AS TO LANDSCAPING
Section 1. Landscaping: Landscape treatment required for all lots shall
consist of a combination of turf, shrubs, and trees.
ARTICLE V. MISCELLANEOUS RESTRICTIONS
Section 1. Lot Size: Minimum lot sizes shall be 6,000 square feet but
clustering within individual lots (parent lots) may be permitted to create sublot sizes
of 2,500 square feet or larger, permitting the so-called "villa" or zero lot line
townhome concept. Minimum lot sizes for duplex, tri-plex and fourplex dwellings are
6,000, 9,000, and 12,000 square feet, respectfully. The number of sublots created
within a larger "parent" lot is determined based solely upon the minimum 2,500 square
foot requirement per unit and the setbacks applicable to the "parent" lot. Minimum
12
lot widths are 60 feet.
Section 2. Building Size: Each building or other structure shall be
constructed, erected and maintained in strict accordance with the approved plans and
specifications. Maximum structural height shall be 35 feet.
Section 3. Setbacks: Setbacks for each lot shall be 20 feet for the front and
rear yards and 10 feet for the side yards, except the setback shall be 20 feet for any
corner side yard.
Section 4. Utilities: All utilities including but not limited to power, electric,
and telephone shall be underground.
Section 5. Continuity of Construction: All structures shall have the
exterior completed within twelve (12) months of commencement of construction
unless an exception is granted in writing by the Architectural Review Committee.
Section 6. Temporary Structures: No trailer, basement, tent, shack, garage,
barn or other outbuilding erected or placed on any lot shall at any time be used as a
permanent residence. Any of the aforementioned structures shall be erected at any
time without the written approval of the Architectural Control Committee.
Section 7. Animals: No animals of any kind, shall be raised, bred or kept
on any lot, excepting that dogs, cats and other small domestic animals may be kept
and ra 3ed, but not for commercial purposes. Permitted animals, not exceeding two
adult animals, must be confined to the lot of their owner and not permitted to run at
large.
Section 8. Garbage: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste, shall be kept in covered,
reasonable airtight containers. Such containers must be kept in a garage or other
enclosed area.
Section 9. Landscaping and Fences: No hedges, shrubs or other plantings, or
any structure shall be permitted which unreasonably objects the view of any owner or
motor vehicle drivers, and shall not in any even, exceed four (4) feet in height nor more
than three (3) feet in height anywhere in the front twenty-five (25) feet of the
property. All or any landscaping shall be subject to the approval of the Architectural
Review Committee. There shall be no fences in front yards. Fences in the rear yard
shall have a maximum height of six (6) feet.
Section 10. Signs: Except for the Declarant or its agent, no signs shall
be placed on any lot except name plates and one unlighted sign not exceeding three
5
(3) square feet in surface area advertising the sale or lease of the lot or improvements
thereon.
Section 11. Parking: All lot owners shall be responsible for providing on -site
parking in accordance with the Kalispell Zoning Ordinance for the intended uses.
Section 12. Nuisance: No noxious or offensive activity shall be carried on nor
shall anything be done or permitted which shall constitute a public nuisance therein.
Section 13. Burning: Open fires are not permitted on the property except
for the normal burning of seasonable yard and garden cleanup with proper permit, if
required from local authorities. Outdoor barbecues are not an open fire within the
meaning hereof.
ARTICLE VI. ENFORCEMENT
Section 1. Interested Parties: Any owner shall have the option and right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations and charges now or hereafter imposed by the provisions of this
Declaration. The method of enforcement may include proceedings to enjoin the
violation, to recover damages, or both. Failure by any owner to enforce any such
provision shall in no event be deemed a waiver of the right to do so thereafter. The
City of Kalispell is an interested party and shall like an owner, at its sole election, also
has the authority to enforce these covenants.
Section 2. Severability: Invalidation of any one of these covenants or
restrictions by judgment or court order, shall in no wise affect any other provision
which shall remain in full force and effect.
ARTICLE VIII. TERM
The provisions of these protective covenants are to run with the land and shall
be binding upon all parties and all persons claiming under them, for a period of twenty
(20) years from the date they are recorded, after which time said protective covenants
shall be automatically extended for successive periods of ten (10) years unless an
instrument executed by the owners of seventy-five percent (75%) of the land
described in Exhibit "A", has been recorded agreeing to terminate said protective
covenants or change them in whole or in part. Each parcel of land, regardless of size
or of any deeded ownership interest in a condominium unit shall be entitled to one vote
under this Article.
ARTICLE IX. AMENDMENT
n
This Declaration may be amended by an instrument signed by the owners of
Seventy-five Percent (75%) of the land described in Exhibit "A", which instrument has
been recorded, agreeing to such amendment. Each parcel of land, regardless of size
or of any deeded ownership interest in a condominium unit shall be entitled to one vote
under this Article provided that in any event an amendment shall not be valid unless
approved in writing by the City of Kalispell.
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
NORTHWEST HEALTHCARE CORPORATION
President
STATE OF MONTANA
ss.
County of Flathead )
On this day of , 1995, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared
, known to me to be the President of Northwest
Healthcare Corporation, the Corporation whose name is subscribed to the within
instrument, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
r1
EX-11BIT"A~
WA111XTEFDS11 STAGE PROFESSIONAL PARK
SECTION 6,T28N R21, P.M. MT..FLATHEADCOUNTY MONTANA
u) ni/rhcdonJ u!je(_jeight `ctvrr|inrs[n`MVillage 9ewer[��rlct,y
Mt in �� )~"�c �������� ��� {����' ��o�
each of the 4 bld2s. The north and south road approaches- with a steel
area from the south site entry and in front of bldg. I has been elevated to
h> \|| curb sunmand meters for the 4h|dgs. have been purchasedund
n`'ui!io os!o�lc�icom��bch!�"y��!!smrcoco"|c��d--------------�4�DO
u) One parking lot and bldg. roof drainage dr�mdi |2' hy 12' and |^�
JccycoustnctcdiuOmr�ofNds. l ----------------------- $1,45
d) Installed l25`n[5'sidewalk iufront o[bldg. l -------'-------- $1300
u) Cornn aisin center 'CF ofwith (jir
dedicated land between W6itcfixkStage Road and the east edge of
tbr rkir�n
�l�00
c) lAstall, and grade 3 inches crushed --ravel and 3 inches of asT)hall
on Du/kio2urcu (S7.0O0sg. ft. ��$.69aq. ft.)-----------------
$24�90
d) Excavate oud�om�ru«ithe udditiooulrequired 3parking and roof
druino�cd |ls12'sl�'sl�'d �n �n�'`��cr!brroWd�s�---
$2.890
�) nit cbiouA inch and 2inch roudui!uuuer Wbitefilsh Stage Road to
ur)prnximate center o[the Purk'ndcrc|onmcntfor Pacific Power and
T<�[Cublutoso��'iuuall :oiUx--------------'------------
��O0
D Constructup nozirnu1c|v6�O' n[hnnto|sidewalk 5` n/idc6nnnthe
-the
north end o[bldg. I8unorth end o[the site C-2. 1Osq. 8---------------
$6.825
2) Instal I landscaninand sprinkler xvstcmmhc the stage o[the Purk's
devc!noaz� �s-----------------------'--------$3O.UU0
h) Cost o[3vuguirrdfim6vdronLxalong the road onthe east edge n[
tbedoo)o oi----------------------------------
$6.908
i>Fbiot ourkio2stripes oothe pu/bioglot ----------------------------------------
$500
The escrow amount required for guaranteeingthe completion o[the above work hvthe
developer is $97.381.�5
Estimate Reviewed For Reasonableness By:
MORRI5ON-MAIERLE, INC.
Kalispell, Montana
Terence W. Richmond, P.E.
EXHIBIT A
Revised Preliminary Plat of
Whitefish Stage Professional Park
Section 6, T28N R21 W, P.M., MT
Flathead County, Montana
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GRAPHIC SCALE
I Certilicnfef of Surrey
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Buffalo Common,
Phase II
Section 6, T28N R21W, P.M., Mt.
Section 1, T28N R22VI, P.M., Mt.
Flathead County, Montana
August 1997
Appli—t.
NORTHWEST
HEALTHCARE
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