FRDO Subdivision Report KSR-98-2Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
June 9, 1998
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Preliminary Plat Approval for Southfield Park (Haven Field) Subdivision
Dear Glen:
Attached with this letter you will find staff report KSR-98-2 for Southfield Park
subdivision, a five lot commercial subdivision on the Haven Field site. Please
schedule this subdivision for review by the Kalispell City Council at their regular
meeting of June 15, 1998.
If you have any questions regarding this preliminary plat, call me at (406) 758-5980.
Sincerely,
?A4' --
Narda Wilson
Senior Planner
NW
Attachments
Staff Report #KSR-98-2
Preliminary Plats
c/w att: Richard A. Dasen, Sr., 400 West Valley Drive, Kalispell, MT 59901
Jackola Engineering, 317 First Avenue East, Kalispell, MT 59901
H: \FRDO \ LETTERS \ 1998 \KSR98-2
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
SOUTHFIELD PARK SUBDIVISION
FLATHEAD REGIONAL DEVELOPMENT OFFICE
SUBDIVISION REPORT #KSR-98-2
MAY 26, 1998
A report to the Kalispell City Council regarding a request for preliminary plat approval of
a five lot commercial subdivision in a B-2, General Business, zoning district.
A. Owner/Applicant: Richard A. Dasen, Sr.
400 West Valley Drive
Kalispell, MT 59901
(406)752-8490
Technical Assistance: Jackola Engineering
317 First Avenue East
Kalispell, MT 59901
(406)755-3208
B. Location: The property proposed for subdivision is commonly known as "Haven
Field" and is located on the southeast corner of Highway 93 South and 18th
Street East. The property can be described as Assessor's Tract 8AD located in
Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Size: Total area:
4.410 acres
Lot 1:
1.184 acres
Lot 2:
0.651 acres
Lot 3:
0.696 acres
Lot 4:
0.870 acres
Lot 5:
1.009 acres
D.. Nature of the Request: The applicants purchased this property from the City of
Kalispell which was sold for the purpose of commercial development and to
further the goals and objectives of the Airport Urban Renewal Plan. The money
received from the sale of this property is part of the financing mechanisms
outlined this plan for improvements to the City airport and to help finance the
relocation of the youth ballfields. The applicants would like to subdivide the
property into five lots which would be marketed and sold to independent parties.
Part of the consummation of the purchase of this property involved the execution
of a development agreement between the City and the developer (applicant).
Part of the terms of the development agreement with the City are that the
developer will construct over six million dollars ($6,229,700.) worth of
improvements on the property by January 1, 1999 or to pay the ad valorem taxes
on the agreed upon improvements of approximately $124,000. If only a portion
of the development has been completed, then the developer has agreed to pay the
City any difference between the amount of taxes actually generated by the project
and ad valorem amount. Attached with this staff report is a copy of the
development agreement executed between the developer and the City dated
February 11, 1998. The closing on the property took place in the summer of
1997. However, because of certain details contained in the development
agreement, its execution was delayed until the 1998 date.
It was the City's intent when executing that the development agreement with the
developer that there would be limits on the transfer of this property to third
parties. There is a provision in the agreement that the property cannot be
transferred without the prior written approval of the City. Further, that the City
shall be entitled to require that the proposed transferee have the qualifications
and financial responsibility to reasonably ensure that the obligations outlined in
the -agreement can be met. The development agreement holds the developer
responsible for the payment in lieu of taxes and this obligation cannot be
transferred to a third party. This information is being provided in the staff report
simply to bring these issues to the fore, and is not intended to imply that it is the
developer's intent to circumvent any of the provisions of the agreement either in
spirit or in substance. It should also be noted that it is necessary for the
developer to subdivide the property in order that a lender may encumber a
portion of the property rather than the entire parcel.
As part of the overall development design, it is intended to allow shared access
and parking within the site which will be provide through cross easement
agreements so that the project functions as an integrated whole. Furthermore,
covenants for the development would require architecturally compatible
buildings and design as well as an overall sign plan for the development.
Covenants have not been submitted with the plat.
E. Existing Land Use: This property can be considered to be essentially
undeveloped. In the past it was used for ballfields for youth athletics. These
ballfields are in the process of being relocated to the new youth athletic complex
and most of the equipment and fencing have been removed. In the interim the
site has been used for the storage of some large fuel tanks. Technically, this use
does not comply with the B-2, general business, zoning associated with this
parcel and the tanks should be removed.
F. Adjacent Land Uses and Zoning: This area of Kalispell can be described as
general commercial in nature with a mix of retail, office, restaurants and hotels
in the immediate area as well as the Lions Park to the south and the City airport
to the west.
North: Gas station, convenience store and restaurants, B-2 zoning
East: City Service fuel facilities and offices, I-1 zoning
South: Lion Park and offices, B-2 zoning
West: Restaurant, hotel and casino, B-2 zoning
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Zoning: The zoning for this property is B-2, a General Business zoning district.
The minimum lot size requirement for this district is 7,000 square feet. All of the
lots within the proposed subdivision exceed this minimum lot size and area
intended for uses which are consistent with the general business zoning.
Relation to Master Plan Map: This property lies within the Kalispell City -
County Planning jurisdiction and is designated on the master plan land use map
as commercial. Additionally, this property is part of the Airport Urban Renewal
Plan area which is intended to stimulate development and redevelopment of
property in the area to facilitate improvements to the City airport. This
subdivision is in compliance the master plan and urban renewal plan for the
area.
Utilities: This development will be served by full City services.
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, Russell School
Police.
City of Kalispell
REVIEW AND FINDINGS OF FACT
This application is reviewed as a minor subdivision in accordance with State statutory
review criteria and the Kalispell Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The risk of fire in this subdivision can be considered generally low because
this is an urban area, has good access, will have fire hydrants located within the
subdivision and the types of uses would not proposed for the site do not present
any significant threat of fire.
Topography: The topography of the site is generally level. Development of the
site will give adequate consideration of drainage and vegetation of the setback
areas which will provide some on -site retention and absorption areas. Storm
sewer improvements will be made as part of the Highway 93 upgrade scheduled
for spring 2000 and they will be utilized to provide for stormwater drainage.
Roads: Primary access to the site will be from an existing access off of U.S.
Highway 93. An internal 25 foot roadway easement is indicated on the plat
which will provide a means of common access within the site. Limiting the
access to a single access onto Highway 93 reduces the potential for traffic
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conflicts. The Montana Department of Transportation will require the developer
to obtain a new approach permit at the time of development. According to MDOT
the location and width of the proposed approach complies with the design plans
for Highway 93 and will not require significant modifications. Improvements to
Highway 93 are scheduled for spring of 2000.
Additionally, there are accesses to the site from 18th Street East and Third
Avenue East. Approaches onto these streets will also be limited to a single
access as indicated on the plat. Development of these approaches will require
review and approval by the Kalispell Public Works Department. Limiting the
number of accesses onto these streets reduces the potential safety hazards and
traffic conflicts associated with large volumes of traffic moving in and out of a
commercial complex of this nature.
B. Effects on Wildlife and Wildlife Habitat:
Minimal impacts to wildlife and wildlife habitat can be anticipated as a result of
this subdivision. The properties lie within the urban boundaries of Kalispell and
it is anticipated that this area will continue to experience significant growth.
C. Effects on the Natural Environment:
Potential storm water runoff could present significant problems if not adequately
addressed. The developer will need to demonstrate to the Kalispell Public Works
Department that stormwater issues have been adequately addressed through
connection with the City's stormdrain system or through on -site retention or s
combination of both.
D. Effects on Local Services:
Sewer: Sewer service will be provided by the City of Kalispell. The developer will
have to extend the necessary lines as required by the Kalispell Public Works
Department. It is anticipated that only service lines will be required and sewer
hook up fees will be assessed at the time of connection. . There is adequate
capacity with the Kalispell sewage treatment system to accommodate the
additional needs created by this subdivision.
Water: The City of Kalispell will provide water service to the lots in accordance
with the design specifications of the City of Kalispell. Water hook-up fees will be
assessed at the time of connection. There is adequate capacity within the
Kalispell water system to accommodate this proposed subdivision. A main
extension into the site will be required to create the necessary fire flows for
hydrants within the development.
Schools: This subdivision is within the boundaries of School District #5,
however, no impacts to the school system can be anticipated as a result of this
development because of its commercial nature.
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Parks: Lions Park lies directly to the south of this subdivision. A boundary line
adjustment was done to create a 0.18 acre parcel adjoining this subdivision to
the south. This small parcel is actually the parking area for Lions Park and it is
the intent of the developer to keep this open for public access and to facilitate the
use of the park.
Police Protection: The site is served by the Kalispell Police Department. There
would be limited impacts on the police department and adequate service can be
provided. However, as the City grows there are cumulative impacts on the
department which need to be considered.
Fire Protection: This property is served by the City of Kalispell Fire Department.
Fire hydrants will be placed within the subdivision as part of the subdivision
approval process. The department will be able to adequate service this
development, however, there a have been cumulative effects on the department
as a result of the commercial and residential development in the city.
Refuse Disposal: Once the property is developed, the City of Kalispell will
provide solid waste disposal to the site. Adequate space at the County landfill is
available for the solid waste which will be generated by the subdivision.
Medical Services: Kalispell Regional Hospital is approximately three and a half
miles from the site. Kalispell ambulance service as well as ALERT are able to
provide service to this area. Access to the site is good.
E. Effects on Agriculture and Agricultural Water Users Facilities:
Commercial development is anticipated in this area. Because this is in an
established urban area, no impacts to agriculture or agricultural water users
facility are anticipated as a result of this subdivision.
F. Compliance with Master Plan
The Kalispell City -County Master Plan Map designates this area as Commercial.
The proposed subdivision complies with this land use designation. Additionally,
this development is taking place within an established commercial area and
meets the goals and objectives of the master plan by providing infill and
expansion of the existing commercial core. This subdivision is also located
within the Airport Urban Renewal Plan area, an area intended for development
and redevelopment of commercial, residential and industrial uses to a more
intensive land use than that which currently exists. The redevelopment of this
site will further the goals and objectives of the master plan with regard to
commercial development as well as the goals and objectives of the urban renewal
plan for redevelopment of existing properties to a more intensive use.
G. Compliance with Zoning Regulations
This property is zoned B-2, General Business, a district that requires a minimum
of 7,000 square foot for newly created lots. This district provides for a broad
range of general commercial uses including retail sales, restaurants, hotels and
motels, auto dealerships, professional and government offices as well as any
number of other general uses. This subdivision complies with the Kalispell
Zoning Ordinance both in the development standards and the uses intended for
the site.
H. Compliance with the Subdivision Regulations
The preliminary plat is in substantial compliance with the State and City
Subdivision Regulations.
The Flathead Regional Development Office would recommend that Kalispell City Council
adopt the Staff Report #KSR 98-2 as findings of fact and grant preliminary plat approval
for this subdivision subject to the following conditions:
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 and
accesses.
2. That the Certificate of Subdivision Approval be obtained from the Department of
Environmental Quality for water and sewer service to the lots.
3. That a letter from the Kalispell Public Works Department shall be obtained which
states that the proposed plans and specifications all improvements including
pavement, curbs, gutters, sidewalks, landscaping and drainage systems have
been reviewed and approved in accordance with Kalispell's Design and
Construction Standards and have been constructed accordingly.
4. That an approach permit for the access onto Highway 93 be obtained from the
Montana Department of Transportation and that the terms and conditions of the
permit be met.
5. That an approach permit for access onto 18th Street East and Third Avenue East
be obtained from the Kalispell Public Works Department and that the terms and
conditions of the permit be met.
6. That a cross easement agreement be filed with the final plat or made as a note of
the face of the final plat granting access to all lots within the subdivision by way
of the internal road and utility easements shown on the plat.
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7. That covenants be filed with the final plat which ensures architectural
compatibility among the development with regard to architectural design of the
buildings, signs, color, materials, height and size.
8. That the number and location of fire hydrants within the subdivision be reviewed
and approved by the
9. That the preliminary plat shall be valid for a period of three years from the date of
approval.
H: \... \98 \KSR98-2
APPLICATION FOR MINOR SUBDIVISION PRELIIVIINARY 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 to:
Flathead Regional Development Office, 723 Fifth Avenue East, Room 414
Kalispell, Montana 59901 - Phone: (406)758-5980 Fax: (406)758-5781
FEE SCHEDULE:
Minor Subdivision ............... ...$250 + 10/lot
....................................
(5 or fewer lots)
Condominiums..........................................................$250 + 10/unit
(5 or fewer lots - land is not subdivided
Mobile Home Parks & Campgrounds ...........................$250 + 10/space
(5 or fewer spaces - land is not subdivided)
Amended Preliminary Plat .......................................... $200
SUBDIVISION NAME:
OWNERS) OF RECORD:
Name Richard A_ DasPnr Rr Phone 752-8490
Mailing City/State &
Address: 400 West Valley Dr. Zip Kalispell
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
APPLICATION MATERIAL
Name & Address JFiA.t'C •sw �, ®!
Name & Address Flathead L.C.
Name & Address City Service MAY 2 2 1998
LEGAL DISCRIPTION OF PROPERTY:
F. R. D. 0.
City/County KalisgP 1 , Flathead
Street Address Highway 93 South
Assessor's Tract No.(s) Survey 412140 Lot No.(s) Parcel 2
NW 1 /4 Section 20 Township 2 8N Range 21 W
GENERAL DESCRIPTION OF SUBDIVISION: old Haven ball fields
Number of Lots or Rental Spaces 5 Total Acreage in Subdivision 4 .41 +/-
Total Acreage in Lots Minimum Size of Lots or Spaces 0 .65+/-
Total Acreage in Streets or Roads Maximum Size of Lots or Spaces 1 . 18+/-
Total Acreage in Parks, Open Spaces and/or Common Areas 0
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 a
variance?
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CERTIFICATE OF PLAT
File No. FM-22372
Policy No. J-139532
SUBDIVISION OR
PROPOSED SUBDIVISION FEE: $200.00
Subdivision Plat of Southfield Park
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LDMS OF LIABILITY, AND
OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED
AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE
COMPANY, A CORPORATION HEREIN CALLED THE COMPANY, GUARANTEES
Richard A. Dasen
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY
SUBDIVISION REGULATIONS
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana,
Impart constructive notice of matters affecting the title to the lands described on the attached legal
description:
A tract of land located in the North Half of the Northwest Quarter of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the Northwest corner of Parcel 2 of Certificate of Survey No.12140, records of Flathead
County and which point is the intersection of the South right of way boundary of 18th Street
and the East right of way boundary of U.S. Highway 93 and which point is the True Point of
Beginning; thence
South 33°02'26" .East, on and along said East right of way boundary of U.S. Highway 93, a distance
of 688.39 feet to a point; thence
North 63014'05" East, and leaving said East right of way boundary, a distance of 270.51 feet to a point
and which point is in the midst of a curve and which point lies on the West right of way
boundary of 3rd Avenue East; thence
Northwesterly, on and along said West right of way boundary and on a curve to the left (Delta
21"53'14", Radius=1392.50 feet and Radial Bearing = South 74°0341" West), an arc length
of 531.94 feet to a point of compound curve; thence
Westerly, on a curve to the left (Delta = 511)56'53", Radius = 55.00 feet and Radial Bearing =
South 40°56'04" West), an arc length of 49.87 feet to a point of reverse curve; thence
Southwesterly, on a curve to the right (Delta = 13°33'54", Radius = 559.88 feet and Radial Bearing =
North 19°33'45" West), an arc length of 132.55 feet to a point of non -tangency and which
point lies on said South right of way boundary of 18th Street; thence
North 89°5148" West, on and along said South right of way boundary, a distance of 202.29 feet to the
True Point of Beginning.
To Be Known as Subdivision Plat of Southfield Park.
(1) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the
recordation of Plats and offering for dedication any streets, roads, avenue, and other easements
offered for dedication by said Plat are:
Richard A. Dasen
(2) Parties holding liens or encumbrances on the title to said lands are:
(3) Easements, claims of easements and restriction agreements of record are:
A. Resolution for Designation of Limited Access Highway executed by the State Highway
Commission, recorded October 25, 1991, as Doc. No. 91-298-15550, records of Flathead County,
Montana. (Affects: Section 20 and other property)
B. Resolution No. 1060A executed by the Flathead County Commissioners for an amendedment
to the Kalispell City -County Master Plan by adding the Kalispell City Airport Neighborhood
Plan as an Addendum, recorded February 6, 1995, as Doc. No. 95-037-08300, records of
Flathead County, Montana.
C. Ordinance No. 1242 for the approval of the Kalispell City Airport/Athletic Complex
Redevelopment Plan, recorded December 31, 1996, as Doc. No. 96-366-14450, and recorded
January 16, 1997, as Doc. No. 1997-016-14310, records of Flathead County, Montana.
D. Right of Way for public utilities (if any) installed in any portion of Lion Park Street.
We find the described property to be In-Cily-oLKalisped Fire District.
DATED: May 27, 1998 at 8:00 a m.
Authorized Signatory
Subscribed and Sworn to before me this day of ,19 .
Notary Public for the State of Montana
Residing at
My commission expires