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Staff Report/Final Plat Phase 3 Block 1Flathead Regional 1 `I f ' i Room 414 Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 January 14, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Buffalo Commons Phase 3, Block 1 Dear Clarence: Our office has received an application from Northwest Healthcare Corp. for final plat approval of Buffalo Commons Phase 3, Block 1, a one lot commercial subdivision which is part of the Buffalo Commons Planned Unit Development. The primary purpose of this subdivision is for the dedication of Commons Way and Commons Loop to the City so that the light at the intersection of Commons Way and Highway 93 can be activated. Because there are public roadways to be dedicated to the City, the preliminary plat for this subdivision could not be waived. However, conditions of approval associated with this subdivision are minimal since this a one lot subdivision and all of the infrastructure associated with the Buffalo Commons development was put in place prior to the filing of the subdivision plats associated with the project. The staff and property owners are offering the city council the option of approving the final plat after their review and approval of the preliminary plat. The preliminary plat has been scheduled for the January 20, 1998 regular city council meeting. Staff is recommending that the preliminary plat be approved at this meeting subject to five conditions. The following is a list of the recommended conditions of approval and how they have been addressed. As you know, this subdivision is part of the Buffalo Commons Planned Unit Development, a mixed use PUD. The following is a list of the conditions of approval and a discussion of how they have been met. L4017114 IR F—V M piv)• ,• III , .... • •; Condition No. I. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the parcel, easements and roadways. • This condition has been met. The development is in substantial compliance with the approved preliminary plat. Condition No. 2. That the public roadways within the subdivision shall be constructed in accordance with the adopted Standards for Design and Construction Providing Community Plaguing Assisftace To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat of the Buffalo Commons Phase 3, Block 1 January 14, 1998 Page 2 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. • This condition has been met. A letter from the Kalispell Public Works Department dated 12/ 16/97 and from engineers Robert Peccia & Associates dated 12/ 18/97 state that the required improvements have been constructed according to the approved plans and specification and City design standards. Condition No.3. That a stormwater drainage plan which incorporates on -site detention methods be reviewed and approved by the Kalispell Public Works Department. This condition has been met. Letter from the Kalispell Public Works Department dated December 16, 1997 addressed drainage under subsection 4 and generally approves the existing drainage system. Condition No. 4. That all water and sewer services and plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department. This condition has been met. A letter dated 10/31/97 from DEQ provides their approval of the subdivision for water and sewer facilities. Letters from the Kalispell Public Works Department and engineer Robert Peccia & Associates also confirms that the water and sewer have been installed according to approved plans and specifications. Condition No. S. That preliminary plat approval shall be valid for a period of three years from the date of approval. This condition has been met since the final plat has been submitted prior to expiration of the preliminary plat. • „1' ,.OTMI144 s 92:4 C43M M IkNkll The final plat is in substantial compliance with the preliminary plat which was submitted and approved. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. Final Plat of the Buffalo Commons Phase 3, Block I January 14, 1998 Page 3 This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the Planned Unit Development which governs the dimensional requirements of the lots within the subdivision. 1 z4Y-40)", V, I -14*30ANO(S All of the conditions of preliminary plat approval have been adequately met. The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this subdivision. Please schedule this matter for the regular City Council meeting of January 20, 1998 so that the council may have the opportunity to approve the final plat if they so choose. Sincerely, Narda Wilson, AICP Senior Planner NW/ Attachments: 2 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Letter from Montana Planning Consultants dated 1 / 5 / 98 Final plat application dated 1/5/98 Letter from Kalispell Public Works Department dated 12/16/97 Letter from Peccia &. Associates dated 1/5/98 Letter from DEQ dated 5/15/97 Title report from Sterling Title Services Treasurers Certification dated 1/5/98 c: David Greer, MT Planning Consultants, Box 766, Kalispell, MT 59904 Tom Laux, Northwest Healthcare, 310 Sunnyview Lane, Kalispell, MT 59901 Debbie Gifford, Kalispell City Clerk H:\ ... \KFP98-1 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 January 14, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Preliminary Plat for Buffalo Commons Phase 3, Block 1 Dear Clarence: Our office has received an application from Northwest Healthcare Corp. for preliminary plat approval of Buffalo Commons Phase 3, Block 1, a one lot commercial subdivision which is part of the Buffalo Commons Planned Unit Development. The primary purpose of this subdivision is for the dedication of Commons Way and Commons Loop to the City so that the light at the intersection of Commons Way and Highway 93 can be activated. Staff report KPP-98-1 is attached to this letter which evaluates the proposal based upon the criteria in the Kalispell Subdivision Regulations. Staff is recommending approval of the subdivision subject to six conditions. Because this subdivision is of a basically minor character and of the conditions can be addressed with previous approvals, the final plat can be approved subsequent to the council's review and approval of the preliminary plat if they so choose. A review of the final plat has been for -warded to you under separate cover. Please schedule this matter for the regular City Council meeting of January 20, 1998. Please do not hesitate to contact me if I can be of assistance to you in this matter. Sincerely, Narda Wilson, AICP Senior Planner NW/ Att: Staff Report KPP-98-1 Letter from Montana Planning Consultants dated 1/5/98 Preliminary plat application dated 1/5/98 Copies of the preliminary plat for Buffalo Commons Phase 3, Block 1 c: David Greer, MT Planning Consultants, Box 766, Kalispell, MT 59904 Tom Laux, Northwest Healthcare, 310 Sunnyview Lane, Kalispell, MT 59901 Debbie Gifford, Kalispell City Clerk H:\ ... \KPP98-1 ProvWing Community Planning Assistance To: • Flathead County - City of Columbia Falls - City of Kalispell - City of Whitefish • SUBDWISION REPORT... JANUARY .s A report to the Kalispell City Council regarding a request for preliminary plat approval of a one lot commercial subdivision which is part of the Buffalo Commons Planned Unit Development This preliminary plat is being presented to the council for the primary purpose of dedicating the streets within the subdivision to the City, Commons Way and Commons Loop. The light at the intersection of Commons Way and Highway 93 North was installed by the developer and is scheduled to be operational. The City needs to take possession of the streets before they can be open to the public. A. Owner/Applicant: 0 C 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 This property is located east of Highway 93 North on the northeast corner of the new streets within the subdivision known Commons Way and Commons Loop. The property can be described as portions of Assessor's Tracts 7ETH and 2DCE 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. Size: Total area: 5.982 acres Area in Lots: 1.506 acres Areas in Roads: 3.344 acres Common Area: 1.132 acres The applicants are requesting preliminary plat approval of a one lot commercial subdivision which is part of the Buffalo Commons PUD for the purposes of dedicating the roadways within the subdivision so that they can be opened for public use. E. E2dsting Land Use: This property is currently undeveloped. Phases I and II of Buffalo Commons, the single fan -Lily development and multifamily developments to the east, have received preliminary plat approval by the City Council. Several lots within Phase II have received final plat approval and development of townhouse units will commence shortly. 1WEEW-';r-tFr=-.T8 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: Buffalo Commons Phase II, a multifamily subdivision South: Heritage Place, H- 1 zoning East: Undeveloped and part of Buffalo Commons PUD West: Intended for commerical/ 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 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. I. 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 #5, Kalispell Police. City of Kalispell 2 This application is reviewed as a major subdivision in accordance with State statutory review criteria and the Kalispell Subdivision Regulations. A. Effects on Health .. 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 to the site will be from Commons Way or Commons Loop from a private driveway. Fire access to the site is good. 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 from Common Way and Commons Loop, paved roads which have been built to City standards and will be dedicated to the City as part of the plat process. Access to the parcel is good. 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. 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. All drainage will be retained on -site. 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. Sewer and Water: City of Kalispell water and sewer have been extended to serve the 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. 3 Roads: An entire road system is part of the Buffalo Commons PUD and will be dedicated to the City. There will be an internal loop road system within the subdivision which has been constructed. Commons Way will provide the main entrance into the Buffalo Commons development. A traffic signal has been installed at the intersection of Commons Way and Highway 93. The signal has been flashing, but not activated. With the dedication of these roadways to the City, the signal at the intersection of Commons Way and Highway 93 will be activated at the same time that Meridian Road will become one-way east. 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 will not impact the school district because it is commercial in nature. Parks: This subdivision is not subject to parkland dedication because it is commercial in nature. There is some common area indicated on the plat which contains approximately 1.132 acres which will be used as a detention area for storm water run-off and green space. Landscaping within the subdivision will be accomplished according to the terms of the development agreement with the City of Kalispell. 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. 1-2 F. Compliance with Master Plan The Kalispell City -County Master Plan Map designates this area as Medical j 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 the Buffalo Commons PUD under review is found to be in substantial compliance with the master plan. .... . . .. This zoning for this property is a planned unit development, Buffalo Commons. The lot created with this subdivision meet the lot specifications of the approved plan. The preliminary plat appears to be in substantial compliance with the State and City Subdivision Regulations. ET1 tt: i The Flathead Regional Development Office would recommend that the Kalispell City Council adopt the Staff Report #KPP 98-1 as findings of fact and approve Buffalo Commons Phase 3, Block 1 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 parcel, 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. A storm water drainage plan which incorporates on -site detention methods be reviewed and approved by the Kalispell Public Works Department. 4. 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. S. That preliminary approval shall be valid for a period of three years from the date of approval. H:\FRDO\REPORTS\98\KPP98-1 5 ■■■■ ' ii H riQt4TA,NIA PLR3.4P1It4G CONSULT,$t;T . January 5, 1998 PO Box 7W7 b Al "t"na 5M (406) 7W1236 APPLICATIO;-t kkATE.R#AL - F RE: FINAL PLAT OF BUFFALO COMMONS, PHASE III, BLOCK 1 Dear Narda: Attached are the application materials for the above -referenced final plat As per our earlier discussions, - I would appreciate `action' by the city council during their meeting of January 20, 1997. The final plat and associated infrastructure are in substantial compliance with the PUD Development Agreement. The final infrastructure layout was approved by the City as set forth in the Buffalo Commons engineering drawings prepared by Robert Peccia & Associates. x The primary {purpose of this ,final, plat is to identify the. public. street -system,fbr-Tec rdatipn"purposas and allowthe city to comply with astate-issued approach. permit linked torthe,highway inter secitons at-N- orthridge .Drive` and Meridian. All required -publics infrastructure has been completed ,relative to roads; :sidewalks, sewer, water, fire hydrants, drainage, telephone, electricity, cable TV, and natural gas. !'Sonaecommon area is included on the plat and -the associated landscaping is bonded for completion viae-subdivision improvement agreement. Letters of "completion" are attached from the City and Peccia engineering. Please let me know if you require any additional information concerning #his application for ftnl plat .ate Sincerely, David Greer Consultant to NWHC Subdivision Name: Contact Person: Name: Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 FINAL PLAT APPLICATION APP!lCAT ' t• JAN i Buffalo Commons Phase III Block 1 F. R. D. o. David M. Greer Address: P.O. Box 7607 Kalispell, MT 59904 Phone No.: (406)7561236 Owner: Northwest Healthcare C/O Tom Laux 310 Sunnyview Lane Kalispell, MT 59901 (406)752-1724 Date of Preliminary Plat Approval: 20 January 1998 Type Subdivision: Residential Industrial PUD Other .: No. of Lots Proposed: Land in Lots: (ac.) 1 Park Land (ac.): 1.51 Cash -in -lieu: Exempt: FILING FEE ATTACHED: $210.00 NOT ATTACHED APPLICABLE Health Department Certification Title Report Tax Certification Consent(s)to Plat 1.13 PUD Exempt Llry Attorney Sub. Improvements Agreement Parkland Cash -in -Lieu Recorded Covenants (gg)(; Homeowners By-Laws/Articles of Incorporation 0 Plats 1 PLAT ROOM FLATHEAD COUNTY, MONTANA 800 S. MAIN KALISPELL, MT 59901 (406) 758-5510 THIS FORM TS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY B Y : e-� FOR: �%y�i�'� C DATE: DESCP ; PURPOSE: 3 / YEARS ASSESSOR # 1992 THRU lgq(1 ' AND TO DATE D t&-75/-? Dg73833 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. DEPUTY T URER SEAT, JAN - 5 1998 SECRETARY OF STATE STATE OF MONTANA MIKE COONEY Business Services Bureau LesLee Shell-Beckert, Deputy WILLIAM E ASTLE ESQ ASTLE & ASTLE 705 MAIN ST KALISPELL MT 59901 December 1, 1997 Dear Mr. Astle: DEC - 2 1M7 Montana State Capitol PO Box 202801 Helena, MT 59620-2801 (406)444-3665 http://www.mt.gov/sos/ RE: BUFFALO COMMONS RETAIL/COMMERCIAL./OFFICE PROPERTY OWNERS ASSOCIATION, INC. ARTICLES OF INCORPORATION Date of Filing: November 13, 1997 Filing Number: D092611-350582 I've approved the filing of the documents for the above named entity. The document number and filing date have been recorded on the original document. This letter serves as your certificate of filing and should be maintained in your files for future reference. Thank you for giving this office the opportunity to serve you. If you have any questions in this regard, or need additional assistance, please do not hesitate to contact the Business Services Bureau professionals at (406) 444-3665. Sincerely, Mike Cooney Secretary of State Enclosure You can correspond with our office via facsimile. Our fax number is (406) 444-3976. You can now fax in your search, copy, and certificate requests. STATE OF MONTANA . ARTICL.EZ of INCORPORATION for LOMESTIC NONPROFIT (35-2-213, MCA) MAII, TO: MIKE COONS! Secretary of State P.O. Box 202801 Helena, MT 59620-2801 4(406)444-3665 Pr*vre, *n and submit an original and copy with fee. This Is the minimum inrormatioa r,qutred. (For use by the Secretwy of Slue only) 35058N Nov 13 1997 SECZETkRY OF ST;IJE Form: DN-1 Fee: $20.00 ► Executed by the uniiersigned person for the purpose of forming a Montana nonprofit corporation. ► FIRST: The name of the Nonprofit Corporation is BUFFALO COMMONS RETAIL/COMMERCIAL/OFFICE PROPERTY OWNERS ASSOCIAT_ION,INC ► SECOND: The name and address of the registered officelagent is: Name Thomas Laux Street Address 310 Sunnyview Lane MailingAddress GpmF, AG nhf]VP City Kalispell , MONTANA Zip Code 59901 ► THIRD: The name and address of the incorporator is as follows: Name Thomas Laux _ Address 310 Sunnyview Lane ► FouRTH: The Nonprofit Corporation ER WU L 0 VVII.L NOT have members. ► FIFTH: This Nonpni it Corporation is a (check one): 0 Public Bcnef:: Corporation Q Mutual Benefit Corporation O Religious Corporation ► Sik17i: Upon dissolution, the assets shall be distributed in the following manner to the members DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING & COMPLIANCE DIVISION Metcalf Building 1520 East Sixth Ave. MARC RACICOT, GOVERNOR - STATE hone: (406)444-4323 Fax: (406)444-1374 Philip Porrini Robert Peccia & Associates 825 Custer Avenue Helena, MT 59604 MONTANA May 15, 1997 PO Box 200901 Helena, MT 59620-0901 Re: City of Kalispell - Buffalo Commons Planned Unit Development Flathead County EQ # 97-2137 Dear Mr. Porrini: The plans and specifications for the above referenced project have been reviewed by personnel under contract with the Permitting and Compliance Division and found to be satisfactory. Approval of the plans and specifications is hereby given. One set of plans and specifications showing the approval stamp of the MDEQ is enclosed. The project consists of approximately 1225 lineal feet of 12 inch PVC- C900 water main, approximately 2055 lineal feet of 8 inch PVC-C900 water main, 11 hydrants and appurtenances. The project also consists of approximately 3135 lineal feet of 8 inch PVC sewer main, approximately 470 lineal feet of 6 inch PVC sewer main, 29 new manholes and appurtenances. Approval is based on plan sheets C4-1 through C4-10 and on plan sheets C5-1 through C5-9 dated May, 1997 and on specifications received May 12,1997. 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 be submitted to the department for reappraisal and approval. Within 90 days after the project has been completed, the project engineer shall certify to the department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the department. This certification shall be accompanied by a set of "as -built" record -AN EOUAL OPPORTUNITY EMPLOYER" drawings signed by the project engineer. It is also understood that construction will be started within two years of this date. If more than two years pass before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. Sincerely, Mark A. Smith, P.E. Drinking Water Section Permitting and Compliance Division Department of Environmental Quality c. City of Kalispell Flathead County Sanitarian