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4. Resolution 4543 - Final Plat Approval - Gateway West Mall - Stream InternationalFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Ems •� • MEETING HATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat of the Amended Plat of the Mall Portion of Gateway West Addn. No. 34 - Stream International March 6, 2000 BACKGROUND: This is a request for final plat approval of a one lot commercial subdivision in the Gateway West Mall for the Stream International office. This lot is located in the southeast corner of the mall property and contains 63,101 square feet or 1.45 acres total and will be occupied by Stream International. The preliminary plat approval was waived by the FRDO on February 4, 2000 subject to four conditions of approval. It may be noteworthy that the final plat will not be recorded until American Capital closes on the property and the property taxes are paid in full which is anticipated to happen on March 8, 2000. The Covenants, Conditions and Restrictions for the development have been included with the final plat application which address cross easement agreements for access, parking and maintenance. RECOMMENDATION: NDATION: A motion to adopt the resolution approving the final plat for the above referenced subdivision would be in order. FISCAL EFFECTS: Anticipated increased revenue once the project is fully developed. A.7,TE ATIVES: As suggested by the city council. I-Vxl� C" Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: March 1, 2000 Attachments: Letter of transmittal Staff report KWP 00-1 review and findings of fact Final plat application and supporting documents _Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4543 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1, AMENDED PLAT OF THE MALL PORTION OF GATEWAY WEST ADDITION NO. 34, KALISPELL, FLATHEAD COUNTY, MONTANA. WHEREAS, American Capital Group, LLC, the owner of certain real property described in Exhibit A, has petitioned for approval of the final Subdivision Plat of a portion of said property, namely Lot 1, Amended Plat of the Mall Portion of Gateway West Addition No. 34, and WHEREAS, preliminary plat approval for this minor subdivision was waived on February 4, 2000 by the Flathead Regional Development Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to four (4) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Flathead Regional Development Office has reviewed the proposed subdivision and made a report (KWP-00-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608, MCA, and recommends final plat approval of said subdivision. 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 #KWP-00-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of American Capital Group, LLC for final plat approval of Lot 1, Amended Plat of the Mall Portion of Gateway West Addition No. 34, Kalispell, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. stream.wpd i SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be'a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 6TH DAY OF MARCH, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk stream.wpd 2 Exhibit "A" LEGAL DESCRIPTION That portion of Gateway West Addition No. 34 in the Southeast 1/4 of Section 12, Township 28 North Range 22 West, Principal Meridian, Montana, Flathead County, Montana described as follows: COMMENCING at the Center East 1/16 corner of Said Section 12; Thence along the West line of the Northeast 1/4 of the Southeast 1/4 500038'31"W, 10.01 feet to the Southerly line of Two Mile Drive; Thence along said Southerly line 589°59'18"E, 253.21 feet to the Point of Beginning; Thence continuing along said Southerly line 589°59'18"E, 340.09 feet to the West line of Glenwood Drive; Thence along the West line of Glenwood Drive 500'47'42"W, 1395.75 feet to a point on a 1970.00 foot radius curve concave Southeasterly with a radial bearing of 521°09'18"E, said point being on the Northwesterly Right -Of -Way line of U.S. Highway No. 2,; Thence Southwesterly along said line and along the curve thru a central angle of 19°13' 17" 660.89 feet, and 549°37'25"W, 37.26 feet to the West line of the East 1/2 of the Southeast 1/4; Thence along said West line N00°38'31"E, 1676.47 feet; Thence 589°59'18"E, 253.23 feet; Thence N00°37'31"E 80.00 feet to the point of beginning; CONTAINING 20.60 acres of land as shown hereon. and - COMMENCING at the Center -East corner; thence 500038'31"W 10.01 feet to the Southerly line of Two Mile Drive; thence along said Southerly line 589°59'18"E 593.30 feet and N89°57'27"E 60.01 feet to the Point of Beginning; thence continuing along said Southerly line N89°57' 27"E 149.51 feet; thence 500°32' 24"W 287.74 feet; thence N89°27'36"W 150.78 feet to the Easterly line of Glenwood Drive; thence along said Easterly line N00°47'42"E 286.22 feet to the Point of Beginning. CONTAINING 0.99 acre of land as shown hereon. Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 March 2, 2000 Chris Kukulsld, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 RE: Final Plat Approval for the Amended Plat of the Mall Portion of Gateway West Addn. No. 34 - Stream International Dear Chris: Our office has received an application from Marquardt Surveying on behalf of American Capital Group LLC and the City of Kalispell for final plat approval for the above referenced subdivision. This is a one lot commercial subdivision located in the southeast portion of the Gateway West Mall to be occupied by Stream International. All of the necessary facilities and utilities are in place. Our office waived the preliminary plat subject to four conditions on February 4, 2000 because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Municipal sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The City Council will need to adopt findings of fact for approval found in attached staff report KWP-00-1 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. Condition No. 1. That the development of the site will be in substantial conformance with the proposed preliminary plat. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Gateway West Mall / Stream March 2, 2000 Page 2 • This condition has been met. The final plat complies with the proposed preliminary plat and was only changed to address building code and access issues. Condition No. 2. That an easement agreement be submitted with the final plat which grants access to all appurtenant parking, driveways and common area within the parent tract. • This condition has been met. The covenants submitted with the final plat application titled "Declaration of Restrictions and Establishment of Easements Affecting land" provides for the necessary easements and common maintenance agreements. Condition No. 3. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. • This condition has been met. The necessary approval from MDEQ has been submitted with the final plat application. Condition No. 4. That the waiver of preliminary plat approval is valid for three years and shall expire on February 4, 2003. • This condition has been met. The final plat for the subdivision has been submitted prior the expiration of the preliminary plat approval waiver. COMPLIANCE WITH APPROVED PRELINEINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and given a plat waiver. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. This subdivision has been found to be in substantial compliance with the Kalispell Zoning Ordinance. RECOMMENDATION: All of the conditions of the preliminary plat approval waiver have been adequately addressed. The Flathead Regional Development Office recommends that the Kalispell City County adopt the attached staff report KWP-00-1 as findings of fact and approve the final plat. Final Plat for Gateway West Mall Stream March 2, 2000 Page 3 Please schedule this matter for the next regular City Council of March 6, 2000. You may call me at (406)758-5980 if you have any questions regarding this subdivision. Sincerely, ,r�G---- Narda A. Wilson, AICP Senior Planner NW/ Attachments: Staff report KWP-00-1 1 opaque mylar 1 reproducible mylar 1 blueline Staff Report KWP-00-1 Letter from FRDO for pre plat waiver dated 2/4/00 Final plat application DEQ approval #E.Q. #00-1972 dated 2/9/00 Declaration of Restrictions and Establishment of Easements Affecting Land Title Report from Alliance Title dated 1/26/00 c: Marquardt Surveying, 285 First Ave. E.N., Kalispell, MT 59901 American Capital, 115 S. LaCumbre Ln., Suite 302, Santa Barbara, CA 93105 Theresa White, Kalispell City Clerk x: \... \KWPoo-1 AMENDED PLAT OF THE MALL PORTION OF GATEWAY WEST ADDN. NO. 34 FLATHEAD REGIONAL DEVELOPMENT OFFICE REVIEW AND FINDINGS OF FACT #KWP-00-1 MARCH 2, 2000 This is a report to the Kalispell City Council containing the review and findings of fact regarding a request for final plat approval of a one lot commercial subdivision which is part of the Gateway West Mall to be occupied by Stream International. Preliminary plat for this subdivision was waived. A.Owner/Applicant Technical Assistance American Capital Group, LLC. 115 S. LaCumbre Ln., Suite 302 Santa Barbara, CA 93105 Marquardt Surveying 285 First Ave. E.N. Kalispell, MT 59901 (406)755-6285 B. Location: This property is located in the southeast corner of the Gateway West Mall located west of Meridian Road on the north side of Idaho Street. The property can be described as a portion of Gateway West Addition 34 located in Section 12, 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: 1.45 acres (63,101 square feet) D. Nature of the Request: The applicants are requesting final plat approval of a one lot commercial subdivision which will be occupied by Stream International- E. E7dsting Land Use: This property is currently part of the Gateway West Mall and is comprised primarily of internal space that is currently unoccupied. All of the necessary infrastructure to serve the lot is in place. F. Adjacent Land Uses: Most of the adjacent land uses are commercial in character with the exception of some residential properties to the north. North: Gateway West Mall and Gateway Orchard Villas condos, RA-1 and R-4 zoning South: Restaurants, B-3 zoning East: Post Office and undeveloped property, B-2 and B-3 zoning West: Gateway West Mall and theatre, B-3 zoning G. Zoning: This property is zoned B-3, Community Building which anticipates a wide variety of commercial and retail uses. H. Relation to Master Plan Map: This property lies within the Kalispell City -County Planning jurisdiction. The master plan map designates this area as Commercial. 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: Flathead Electric Coop (underground) Telephone: CenturyTel (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 Subdivision Regulations. A. B. Effects on health and Safety: Fire: Fire access to the area will be by way of an existing paved roadway system. 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 being generally level. 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 Idaho Street with a second access from Glenwood Avenue. These are existing streets with Idaho Street being maintained by the State and Glenwood Avenue being maintained by the City. Access to the parcel is good. 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 part of the commercial core of the west side of town. No significant impacts to wildlife or wildlife habitat can be anticipated as a result of this subdivision. 2 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 generally level. All drainage will be retained on -site. This is an existing development with only interior remodeling of the building which would take place. Any impacts to the natural environment would be in place and previously addressed. D. Effects on Local Services: Sewer and Water: City of Kalispell water and sewer serve the site. No new water or sewer mains will be required to serve this subdivision. Impacts to these services were assessed and anticipated at the time this development occurred in approximately 1986. Roads: Impacts to the road system may be a concern with the anticipation of the new use in place. However, it could be argued that the proposed new office use would have no greater impact that a retail use occupying the same space. Impacts that would occur that relate to this subdivision would be at peak hours of the day when there is a change in shifts. There may be significant impacts at the peak times to Glenwood Avenue, Two Mile Drive, Husky Drive and Meridian Road. Those impacts have not been quanitifed. Schools: This subdivision is within the boundaries of School District #5. No children from this subdivision can be anticipated because it is commercial in nature. Parks: This subdivision is not subject to parkland dedication because it is commercial in nature. 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. Fire flows in the area will be adequate to accommodate the hydrant network within the development and subdivision. The building will be upgraded to accommodate necessary fire code requirements. 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 two miles from the site. Ambulance services are available to serve this subdivision and access is good. 3 E. Effects on Agriculture and Agricultural Water Users Facilities: This property is already developed and the site has no agricultural value. This subdivision will have an no impact on agriculture in the Valley and valuable for commercial 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 Commercial and complies with the goals and objectives of the master plan. G. Compliance with Zoning Regulations This zoning for this property is B-3, Community Business. The lot being created within this subdivision meets the minimum lot specifications of the zoning. H. Compliance with the Subdivision Regulations The preliminary plat appears to be in substantial compliance with the State and City Subdivision Regulations. H: \FRDO \REPORTS \00 \KWP00- 1 4 Flathead Regional Development Office 723 5th avenue East - Room 414 Kalispell, Montana :9901 Phone: (406) 758-5980 Fax: (406) 758-5781 February 4, 2000 Dawn Marquardt Marquardt Surveying, Inc. 285 First Ave. E.N. Kalispell, MT 59901 RE: Preliminary Plat Approval Waiver - Gateway West Mall / Stream Dear Dawn: This letter is in response to your request for waiver of preliminary plat approval for the creation of one sublot on property which is part of the Gateway West Mall situated on the northwest corner of Highway 2 West and Glenwood Drive in Kalispell. The property can be described as a portion of Gateway West Addition 34 in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana - This property is zoned B-3, Community Business. The purpose of this subdivision is for the lot to be purchased by the City of Kalispell and leased to Stream International for use as an office building. Our office can find that this development can meet the criteria outlined in Section 2.06 of the Kalispell Subdivision Regulations which addresses preliminary plat waivers. Specifically, we can find that (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat or the public health and safety. Due to the relative minor impacts associated with this subdivision, the preliminary plat is hereby waived subject to the following conditions: K 3. That the development of the site will be in substantial conformance with the proposed preliminary plat. That an easement agreement be submitted with the final plat which grants access to all appurtenant parking, driveways and common area with the parent lot. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. This waiver of preliminary plat approval is valid for three years and shall expire on February 4, 2003. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • City of Kalispell / Stream Preliminary Plat Waiver February 4, 2000 Page 2 Please be advised that the waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Section 2.07 and Chapter 3 of the City of Kalispell Subdivision Regulations. if you have any questions regarding this matter, please call Narda Wilson at this office. Sincerely, Thomas R. Jentz Planning Director C: Chris Kukulski, Kalispell City Manager Glen Neier, Kalispell City Attorney TRJ/NW H: \FRDO\LETTERS \WAIVEPP\2000\STREAM Montana Departmentof C(DFIY EwmoNmENTA.LQuALrry Marc Racicot, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • E-mail: www.deq.state.mt.us February 9, 2000 MARQt ARDT & MARQUARDT SURVEYING BRIAN LANTL S 285 15T AVE ENT K-AZ.ISPELL MT 59901 RE: AMENDED PLAT OF THE MALL PORTION OF GATEWAY WEST MASTERPL AN FLATHEAD COUNTY E.Q. #00-1972 Dear Sir or Madam: This is to certify that the information and fees received by the Department of Environmental Quality relatim, to this subdivision are in compliance with 76-4-127. MCA and ARM, 17.36.602. under ; 6-4-124, MCA, the subdivision is not subject to review. and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed ; 76-4-111 (3). MCA',. Construction of water or sewer extensions prior to approval is prohibited. and is subject to penalty as prescribed in Title 75. Chapter 6 and Title -6. Chapter 4. Sincerely, Karla Dav Compliance Specialist Subdivision Section Water Protection Bureau cc: City Engineer, City of Kalispell file Centralized Services Division • Enforcement Division • Permitting 3 Compliance Division • Planoing, Prevention & ASSIS12nCe Division - Remediation Division Cl'i'Y/CUUIJ'1'Y 1'INAL, PLAT APPLICA,rioti Subdivision Names me\1A 1�u� I r-� Contact Poroon: Name .1 A 1I f Addreso aue Phone No. ``"i 55-6,:)63c, Date of Preliminary Plat Approval: r � r�.&J Owner: am,.c i car\ L._ ip ka\ GtDkQ ��c- 115 Type Subdivision: Residential Industrial f Coamiorcial % PUD — Other No. of Lots Proposed I Land in Lots (aa.) Ste_ FILING FEE ATTACHED Parkland: Land (ac. ) Cash -in -lieu $ Exempt ✓ iur-A"' c Minor Major Prel. MAR - 12000 Not Utaahed licable (MUST CHECK ONEL F. R. D. 0. Subdivision - $200 + $10/lot Subdivision - $300 t $10/lot Plat waived - $400 + $10/lot Health Department Cer.tifieation (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(a) to Plat (Originals and notarized) Sub. Improvements Agreement (attacl, collateral) Parkland Caah-in-Lieu (Check attached) Covenants (Original signature provided) Homeowners By-Laws/Articles of Incorporation (Originals) Plats: I opaque cloth back (hard back) 2 mylar copies 3 bluelinea Plat must be aigned by all owners of record, the surveyor and examining land surveyor. ALLach a letter whieli lists Each condition of preliminary plat approval and individually state how each condition has specifically been mot. In cases where dooumentation is required, such as an enginoor'a certification, State Department of Health certification, eta., original shall be submitted. Blanket vtatemenLe stating, for example, "all improvements are in place" are not acceptable. A complete final application muot be submitted no less Lhan 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. and the staff finds the application is complete, the staff will submit a report Lo the governing body. The governing body must act within 30 days of receipt of the final plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may neceauitate re- consideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and Uw L false information will delay the application and may invalidate any approval.