Amendments to Buffalo CommonsTo: Site Review Committee, City Of Kalispell
From: David M. Greer, Consultant to NWHC Z
Subject: Amendments to Buffalo Commons
Date: October 6, 1997
Buffalo Commons was approved via a "Development Agreement" composed by the City
Attorney. The Agreement is a recorded document and, among other provisions, establishes
a process for amending Lhe Buffalo Commons PUD. [As most of you are aware, the road and
utility infrastructure for Phases I -IV are being installed and should be completed by the end
of this month. Lots in each of these phases will soon be available for purchase.] In
anticipation of lot sales, several provisions of the PUD warrant clarification and/or
modification.
Section V of the Development Agreement (Amendment or Modifications of Development
Agreement) establishes a process for "minor" and "major" modifications. All proposed
modifications begin with review by the Site Review Committee with final determinations of
"major" modifications being made by the City Council.
Attached are descriptions of three requested "modifications" to the PUD approval of Buffalo
Commons. In my opinion, two of the three should be considered "minor' modifications
since they primarily pertain to issues of clarification. These reference (1) parking for medical
uses and (2) "office" allowances in Phase IV. The third request would list "neighborhood
banking facility" as a permitted use in Phase III.
Please do not hesitate to call me if you have any questions or would like me to attend any
meetings relative to these requests.
Site Plan Review, City Of Kalispell
Page 2
October 6, 1997
The PUD approval included the following language for parking: "All lot owners shall be
responsible for providing on -site parking in accordance with the Kalispell Zoning Ordinance
(KZO) for the intended uses." Phase III and IV permit medical offices but the KZO offers
two different parking ratios depending upon the underlying zoning district. Since the area
of the PUD was originally proposed by the City for H-1 zoning and it has close association
with the medical campus facilities of Kalispell Regional Medical Center, we are requesting
that the H-1 parking provisions apply for medical office buildings within the Buffalo
Commons PUD.
Phase IV permits a wide range of medical uses and offices. However, the general term,
"Office, Professional/Governmental" is not specifically listed. The intent of the phase may
already encompass this category of use but to avoid any future confusion, we would like this
general term (office, professional/governmental) added to the list of permitted uses in Phase
IV.
Several downtown banks have expressed interest in developing a neighborhood banking
facility in Phase III of Buffalo Commons. I believe there are many advantages to having a
neighborhood banking facility in the area, including compatibility to other permitted uses
within the PUD. As you are aware, drive-in banking is already listed as a conditional use
within an H-1 zoning district. We are requesting that "neighborhood banking facility" be
added as a permitted use within Phase III of Buffalo Commons. We do not propose to allow
this as a permitted use without certain development standards (performance criteria). Listed
below are development criteria that would apply to any banking facility in Phase III.
I. The structure may be freestanding or be integrated into a multi -use building;
2. Structure design and lot landscaping shall adhere to the architectural and
landscaping standards of Phase III, including architectural review, as set
forth in the recorded covenants;
3. Building design may anticipate phased expansion opportunities but in no
situation shall the main floor or second level, as applicable, be more than
3,000 square feet in total footprint area;
4. The lot design may include a drive -up ATM machine and drive -through teller
lanes, not to exceed 4 teller lanes.
5. The maximum number of employees at one time shall not exceed 10.
To: Clarence Krepps
From: The City of Kalispell
Subject: Buffalo Commons PUD
Date: October 14, 1997
Clarence, I received a request from David Greer of Montana Planning Consultants (he is
representing Northwest Healthcare) to add "neighborhood banking facilities" to the
Retail/Commercial/Office Pod of the Buffalo Commons PUD.
The Development Agreement between the City of Kalispell and Northwest Healthcare allows for
minor and major modifications to the PUD. The Site Development Review Committee has the
authority to determine whether it is a "minor" or "major" modification. If they determine that it is
a major modification, they are then required to forward the request to the City Council for their
approval. The Committee has determined that this request is a major modification to the PUD. I
have attached David Greer's request with his proposed development criteria.
The Committee did not see a problem with adding "banking facilities" to the list of permitted uses
in the Retail/Commercial/Office Pod. It was the consensus of the committee, to just use the term
"banking facility" as opposed to using a new term (neighborhood banking facility). The
Committee would propose that the five (5) development criteria that David Greer has proposed
be added as requirements for any banking facility in the Retail/Commercial/Office Pod.
The development agreement says that if the request is of such a nature as to require approval of
the City Council, the Site Review Committee shall refer the matter to the City Council within
fifteen (15) days after it determines the matter requires Council review. Please add this to the
Council agenda as soon as possible.
Thanks.
MIA
Several downtown banks have expressed interest in developing a neighborhood banking
facility in Phase III of Buffalo Commons. I believe there are many advantages to having a
neighborhood banking facility in the area, including compatibility to other permitted uses
within the PUD. As you are aware, drive-in banking is already listed as a conditional use
within an H-1 zoning district. We are requesting that "neighborhood banking facility" be
added as a permitted use within Phase III of Buffalo Commons. We do not propose to allow
this as a permitted use without certain development standards (performance criteria). Listed
below are development criteria that would apply to any banking facility in Phase III.
l . The structure may be freestanding or be integrated into a multi -use building;
2. Structure design and lot landscaping shall adhere to the architectural and
landscaping standards of Phase III, including architectural review, as set
forth in the recorded covenants;
3. Building design may anticipate phased expansion opportunities but in no
situation shall the main floor or second level, as applicable, be more than
3,000 square feet in total footprint area;
4. The lot design may include a drive -up ATM machine and drive -through teller
lanes, not to exceed 4 teller lanes.
5. The maximum number of employees at one time shall not exceed 10.
contained in the PUD Application, dated February 6,
1995.
II) Property Development Standards within the Multi -Family
uPodm shall conform to g 27.09.040, City of Kalispell,
Zoning Ordinance.
4.03 Retail, Commercial, Office wPod"
I) Permitted Uses, Property Development Standards and Sign
Standards within the Retail, Commercial, Office uPodn
shall conform to the CCNR, Buffalo Commons (Retail,
Commercial, Office).
S 4.04 Professional/Medical Facilities uPodo
I) Permitted Uses, Propertv Development Standards within
the Professional/Me. _ •.,;
' shall conform
to the CCNR, Buffalo Commons ., Medical-• in the PUD Application,dated
February ..
r • 0 Z I 1911,11YORR-1
5 5.01
I) This Development Agreement may be amended or modified
only, by application of the owner, in accordance with
the procedures set forth herein.
II) Application for amendment or modification may be made,
to the City of Kalispell Site Review Committee, by any
fee owner or ground lessee of a "pod" in respect to the
Subject Property. For purposes of this Article, °fee
owners shall not include the owner of an individual
unit located in a "pod" owned in whole or in part
pursuant to the Unit Ownership Act -- Condominiums,
Title 70, Chapter 23 Montana Code Annotated (or any
successor statutes), but shall include the
Architectural Review Committee of such ' pod" .
III) A) Modifications of this Development Agreement which
are determined by the Site Review Committee to be
minor modifications shall require only the consent
of the Site Review Committee, and shall not
require the consent or approval of the City
Council or any other public agency.
B) All amendments and modifications to this
Development Agreement other than minor
modifications shall require the approval of the
City Council of the City of Kalispell.
IV) A) All applications for modification or amendment of
this Development Agreement shall be filed with the
Site Review Committee and the Site Review
Committee shall promptly determine whether the
modification is minor or major.
I.
F;,) The Site Review Committee shall make its
determination with respect to any application for
a minor modification subject to this Section
within fifteen (15) days after it determines the
application to be subject to said minor
modificatio*.L.
C) If the amendment or modification requested is of
such a nature as to require approval of the City
Council, the Site Review Committee shall refer the
matter to the City Council within fifteen (15)
days after it determines the matter requires
Council review.
D) The owner may appeal any decision of the Site
Review Committee to the City Council, who may
affirm, reverse or modify the Site Review
Committee decisiom.
No building permit in respect to the building in any
'Pod" shall be issued by the Building Department until:
A) The Zoning Administrator has certified to the
Building Department that proposed building(s)
substantially conform to 5 IV, Development
Standards and Use Regulations, and the CCNR's for
the appropriate 'Pod".
B) The Director of Public Works has certified to the
Building Department that the infrastructure
improvements and roads required as shown on the
drawings submitted by the developer of the uPodo
substantially conform to S III, Site Conditions
contained in this Agreement and that said
improvements have been constructed or security
guaranteeing the construction has been received by
the City.
DEVELOPMENT AGREEMENT 9