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2. Resolution 4547 - Preliminary Plat Approval for Appleway Office ComplexFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: SUBJECT: MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Preliminary Plat Approval - Appleway Office Complex April 17, 1999 BACKGROUND: At the last city council meeting on April 3, 2000 the council considered the preliminary plat for Appleway Office Complex, an eight -lot commercial subdivision on approximately 11.96 acres in the west part of Kalispell. A 3.80 acre portion of the site has been previously annexed and given a zone designation of B-2. The remaining 8.16 acres of the property was annexed at the last meeting and the second reading adopting the B-2 zoning will be present for consideration for the council at this meeting. It is the developers intent to create an office complex to house several non-profit agencies to create a common campus type facility. This matter was tabled from the last meeting to allow the staff further opportunity to provide the council with additional information and alternatives that relate to the potential upgrade of Appleway Drive and the improvements that might be required by the developer. After significant staff discussion, several alternatives to address this situation have been identified and are outlined below: 1. The developer shall install a five foot sidewalk on the north side of Appleway Drive adjoing the property boundary with a minimum five foot landscape buffer and file a waiver to protest an SID and a petition to create an SID for the future upgrade of Appleway Drive including curb, gutter, storm drainage and roadway pavement. 2. The developer shall upgrade Appleway Drive to City standards and enter into a development agreement with the City of Kalispell which shall subject future users to a latecomers fee assessed against the property. (Under the City's extension of services plan a development agreement will run for a period of ten years.) 3. That the developer be required to install curb, gutter, sidewalk and landscaping on the north side of Appleway Drive and file a waiver to protest and SID and a petition to create an SID for the future upgrade of Appleway Drive roadway pavement. 4. That the developer post a bond for the improvements for Appleway Drive for that portion of the roadway that adjoins the property including curb, gutter, sidewalk, storm drainage and roadway pavement. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Memo to Council on Appleway Office Complex April 17, 2000 Page 2 5. That the developer install the improvements, post a bond for the improvements or file a waiver to protest and SID and a petition to create and SID for their pro-rata share of the upgrade of Appleway Drive to City standards There was legitimate concern among the council members that there is consistent treatment of developers and the improvements that are required for a potential project in the city. Certain considerations need to be factored into the required improvements such as the designation of the roadway proposed for improvements. Appleway Drive is designated as a collector street in the Transportation section of the Kalispell City -County Master Plan. As such a collector street requires a 36 foot wide pavement section rather than a 24 foot wide section on a local street. On local streets the developer should be responsible for those improvements. For collector or arterial roadway, there should be a cost share between the developer and the City of Kalispell. Under the most equitable scenario, the City of Kalispell would have a designated fund for the reconstruction of roadways within the city limits. The developer would pay a pro-rata share of the costs of the upgrades that directly relate to the percentage of use that the development would generate onto the roadway in relation to the overall use the roadway receives. However, currently all roadway reconstructions are funded through a special improvement district and only "maintenance" funds are available which would include asphalt overlays. The most recent situation that the council addressed which is similar to this situation would be their review and approval of the preliminary plat for Buffalo Commons Phase IV which fronts along Sunnyview Lane. Sunnyview Lane is also listed as a collector street and receives significant local traffic. After lengthy discussion of some of the same issues, the council approved the preliminary plat subject to conditions which include the following: 4. That sidewalks shall be installed on the north side of Sunnview Lane next to the property boundary with a minimum five foot landscape boulevard between the sidewalk and roadway prior to filing Phase V. 5. Installation of the curb and gutter on the north side of Sunnyview Land for Phase V, or posting a bond for said curb and gutter or waiving the right to protest a special improvement district for the same shall be required in conjunction with the final plat of Phase V. In reviewing the required conditions for this preliminary plat significant latitude was granted to the developer in how the improvements would be addressed. In part this is because there is no clear avenue for upgrading the roadway that receives significant local traffic as well as traffic that would be generated from the subdivision. It is noteworthy that there appears to have been an oversight when attaching this condition that the referenced improvements did not include the roadway pavement. It should have. Memo to Council on Appleway Office Complex April 17, 2000 Page 2 Some concerns were expressed by the staff regarding the City accepting a bond for the improvements because of the indefinite time period associated with when those improvements might be made. Unless the City could made reasonable assurances that the improvements would be made within specific period, this approach could present special problems. Another issue that specifically relates to this roadway is the fact that the properties on the south side of Appleway Drive are in the County jurisdiction. Staff would recommend that when these properties are annexed into the city limits, that a waiver to protest an SID and a petition for an SID to upgrade Appleway Drive be attached as a condition of annexation. RECOMMENDATION: That the city council explore the creation of a funding mechanism that would allow the City to jointly share costs associated with roadway upgrades that would extend beyond that which would be expected to be incurred by the developer. One mechanism would be through a special annual assessment fee which would be placed in a special fund for roadway reconstruction. A priority list for roadway reconstruction should be established on an annual basis and the funds expended based on the priority status of the road. For this subdivision, a motion to approve the resolution granting preliminary plat approval subject to the recommended conditions would be in order. Staff would recommend alternative number 1 listed above which is generally consistent with requires placed on developments in the recent past. FISCAL EFFECTS: ALTERNATIVES: 117J4 I. -Z/W-- Narda A. Wilson Senior Planner Minor positive effects once fully developed. As suggested by the city council. Report compiled: April 11, 2000 H\... \TRANSMIT\ 2 000 \ KPP002EM. DOC Chris A. Kukulski City Manager RESOLUTION NO. 4547 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF APPLEWAY OFFICE COMPLEX, LOCATED ON THE NORTH SIDE OF APPLEWAY DRIVE AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Appleway Development Company, Stanley W. Pine, and Marie M. Sterner, the owners of certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on March 14, 2000, on the proposal and reviewed Subdivision Report #KPP-00-2 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Appleway Office Complex, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 3, 2000, reviewed the FRDO Report #KPP-00-2, reviewed the recommendations of the Kalispell City -County Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Flathead Regional Development Office Report #KPP-00-2 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Appleway Development Co. for approval of the Preliminary Plat of Appleway Office Complex, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. The subdivision shall be in compliance with the preliminary plat, which shall govern the location of the buildings, the parking lot and access, which was reviewed and approved by the planning board and city council. 2. The developer shall obtain a Certificate of Subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction Standards. 3. That the developer shall install improvements along the north side of Appleway Drive along the subdivision property boundary that includes curbs, gutters, sidewalks and a minimum five foot landscape boulevard in accordance with Kalispell's Design and Construction Standards and that a letter be obtained from the Kalispell Public Works Department verifying their construction. 4. That a waiver to protest a special improvement district for the upgrade of Appleway Drive be submitted with the final plat. 5. That cross easement agreements be granted through the covenants or accomplished by a note on the face of the final plat granting access to all lots within the subdivision by way of the internal road and utility easements indicated on the plat. 6. That covenants or a common maintenance agreement be filed with the final plat which provides for a mechanism for the maintenance of all common elements of the development including but not limited to parking and roadway maintenance as well as the landscaped areas. 7. That an engineered storm water management utilizing on - site retention methods and in accordance with the Kalispell Design and Construction Standards be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. 8. That a floodplain development permit be obtained from the Kalispell Floodplain Administrator prior to any fill work or activity within the 100 year floodplain including the proposed bridge across Bowsers Spring Creek. 9. That a letter be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. 10. That a landscape plan be reviewed and approved by the Kalispell Parks and Recreation Department and coordinated as the phases are constructed. 11. That the placement and location of the driveways be reviewed and approved by the Kalispell Public Works Department. 12. That all new utilities be placed underground and that a letter from the utility companies providing services be submitted with the final plat stating that utilities are available to the lots within the subdivision. SECTION III. This Preliminary Plat approval shall be valid for a period of three (3) years from the date of approval. SECTION IV. 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 AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF APRIL, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk 1WX:11: �17:1 LEGAL DESCRIPTION Deloris/Pine/Sterner - Annexation and Initial Zoning Deloris Group (Tract IBA) Commencing at the Southeast Section corner of said Section 12; thence South 89° 16'09" West, on and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to a point; thence North 00037103" East, a distance of 30.00 feet to a point which lies on the North boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of Beginning; thence continuing North 00°3703" East, on and along the West boundary of a tract of land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a point which lies on the South boundary of a tract of land described in Book 730, Page 457, records of Flathead County; thence South 89° 16'09" West, on and along said South boundary of a tract of land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast corner of a tract of land described in Book 679, Page 767, records of Flathead County; thence South 00°37'03" West, on and along the East boundary of said tract of land described in Book 679, Page 767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known as Appleway Drive; thence North 89° 16'09" East, on and along said North boundary of Appleway Drive, a distance of 66.00 feet to the True Point of Beginning. Pine (Tract 1B) Commencing at the southeast corner of the southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found brass cap on the centerline of a 60 foot county road known as Appleway Drive; Thence along the south boundary of said Southeast 1/4 and along said centerline South 89° 16'29" West 902.53 feet; Thence leaving said centerline North 00°37'03" East 30.01 feet to a found iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing North 0003703" East 526.98 feet to the approximate thread of Spring Creek; Thence along said thread the following courses: South 36°06'53" East 15.43 feet; South 34°29'55" East 18.83 feet; South 71036'41" East 130.46 feet; South 75°02'04" West 22.38 feet; South 80°49'07" East 14.76 feet; North 73 041'43" East 20.13 feet; North 85 °58'01" East 49.11 feet; South 80° 18'30" East 76.32 feet; South 00° 19'32" West 9.77 feet; South 41 °02'24" East 8.60 feet; Thence leaving said thread South 00°37'03" West 425.53 feet to a found iron pin on the northerly right-of-way of said Appleway Drive; Thence along said right-of-way South 89° 16'29" West 330.00 feet to the Point of Beginning and containing 3.516 acres. Sterner (Tract 1 E) Commencing at the Southeast corner of Section 12; thence along the South line of the Southeast 1/4, also being the center line of Appleway Drive South 89° 16'29" West 264.06 feet to the Point of Beginning; thence continuing along said line South 89° 16'29" West 308.57 feet; thence North 00°37'03" East 470.52 feet; thence South 89°22'57" East 117 feet more or less to the South bank of Spring Creek; thence Northeasterly along the North 00°22'30" East from the Point of Beginning; thence South 00°22'30" West 598 feet more or less to the Point of Beginning containing 3.64 more or less acres of land all as shown hereon.