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08. Resolution 4874 - Final Plat Approval - Buffalo Stage Professional ParkTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone, 1406) 751-1850 Fax: 1406) 751-1858 tricifi centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Buffalo Stage Professional Park MEETING DATE: April 5, 2004 BACKGROUND: This is a request for final plat approval of Buffalo Stage Professional Park, a four lot commercial subdivision on approximately 3.025 acres. The City initially granted preliminary plat approval for this subdivision on August 3, 1998 with an expiration date of August 3, 2001. A one-year extension was granted by the city council with an expiration date of August 3, 2002 and the plat expired prior to being finalized. However, the infrastructure for the subdivision has been put in place and the improvements accepted by the City of Kalispell for sewer and the Evergreen Water and Sewer District for Water. The existing lot contains a duplex medical building that has been occupied for several years. Three other lots will be created that will be developed with either medical or professional offices and will share a common, access and parking area. The lots within the subdivision are approximately 168 by 120 feet in size or 20,160 square feet each. Our office waived the preliminary plat on December 16, 2003 subject to six conditions 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. The property owner has met the five conditions that are also detailed in the transmittal letter. A subdivision improvements agreement in the amount of $1,500 has been submitted to cover the required boulevard landscaping with an anticipated completion date of September 2004. Findings of fact are found in attached staff report KWP-04-1 which review the conditions of approval and a how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in resolution approving the subdivision improvements agreement and final plat for Buffalo Stage Professional Park would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Final Plat for Buffalo Stage Professional Park March 31, 2004 Page 2 Respectfully submitted, ?,P,h z i1;= Narda ,k lson Senior Planner Report compiled: March 31, 2004 CS� 2��' Chris A. Kukulski City Manager Attachments: Letter of transmittal Final plat application and supporting documents REPORTS \ KALISPELL \ KW PO4-1 MEMO. D©C RESOLUTION NO.4874 A RESOLUTION APPROVING THE FINAL PLAT OF BUFFALO STAGE PROFESSIONAL PARK, DESCRIBED AS PARCEL A OF BUFFALO STAGE PHASE II IN SECTIONS 31 AND 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Dr. Charles Mason, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on December 16, 2003, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to six (6) 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 Tri-City Planning Office has reviewed the proposed subdivision and made a report (KWP-04-1) 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 Tri-City Planning Office Report #KWP- 04-1 are hereby adopted as the Findings of Pact of the City Council. SECTION 11. That the application of Dr. Charles Mason for final plat approval of Parcel A of Buffalo Stage Phase 11 in Sections 31 and 32, Flathead County, Montana, is hereby approved. SECTION 111. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. 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 5TH DAY OF APRIL, 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Appendix - Page A-23 6Y1J.3/1Uls`7Toritilul;.i1�/ UI ►� tll �M THIS AGREEMENT, made and entered into this day of , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First„ Part and hereinafter referred to as the CITY, and (Name (Indivi Wated-at (Street Address/P. 0. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER WITNESSETH: THAT 3YELEREAS, the known as 1�: I (Name of subdivision) located at�� (Location of subdivision) and, is the owner and developer of a new subdivision WHEREAS, the City has conditioned its approval of the final plat of -F'jU_n �m v-- P-gnB sl6LjA1. PA- , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of IOC _ . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: Page A-26 - Appendix Conditions of approval as fined to the preliminary plat by the City Council, � rr: This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS BOX DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other ( ? On -Site Sewage Facilities Water Systems Maims Other ( ) On -Site Water Supply ' Water Storage Tanks Fire Hydrants Stomn Sewer or Drainage Facilities street Signs Street. Lighting Street Monuments Survey Monument Boxes Landscaping L� (� S h - Other ( ) SUBTOTAL/2 FEES TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) f Page A-24 - Appendix a. That the creditor guarantees fiords in the sum of $L,$"— -- the estimated cost of completing the required improvements in (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by f 6 l'1't b e.-20 0 19 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; C. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Appendix - Page A-25 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written.. J'j {Name of Sulu ' isioniDeveloperlP' ) by STATE OF MONTANA COUNTY OF r /k -� f o-s-I"t_=C (Title) On this /2 day of ,l%%i�r�f�. ,'M,�6VV before me, a Notary Public for the State of Montana, personally appeared C k a r j e s_ L2 known to me to be the r��� �of , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seat this day and year first above written. Notary Public for 6e State of Montana Residing at Z,11�. e - %:s A, My Commission Expires 3 1.2 o MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR Tri--City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: 1406 j 751-1850 Fax: (406) 751-1858 March 31, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Final Plat for Buffalo Stage Professional Park Dear Chris: This is a request for final plat approval of Buffalo Stage Professional Park, a four lot commercial subdivision on approximately 3.025 acres located on the west side of Whitefish Stage immediately adjacent to Edgerton School. Preliminary plat approval for this subdivision was initially granted by the City on August 3, 1998 with an expiration date of August 3, 2001. A one-year extension was granted by the city council with an expiration date of August 3, 2002 and the plat expired prior to being finalized. However, the infrastructure for the subdivision has been put in place and the improvements accepted by the City of Kalispell for sewer and the Evergreen Water and Sewer District for Water. The existing lot contains a duplex medical building that has been occupied for several years. Three other lots will be created that will be developed with either medical or professional offices and will share a common access and parking area. The lots within the subdivision are approximately 168 by 120 feet in size or 20,160 square feet each. The property can be described as Parcel A of Buffalo Stage Phase 11 in Section 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. This is primarily a residential area with other uses in the area such as a church to the south and Edgerton School to the west. Buffalo Stage residential development lies to the west and other residential development primarily in the County lies to the east. This property is zoned R-5, Residential / Professional Office. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The newly created lots comply with the dimensional standards of the zoning district. Our office waived the preliminary plat on December 16, 2003 subject to six conditions 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, the following conditions have been met or otherwise adequately addressed. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish - City of Columbia Falls • Final Plat for .Buffalo Stage Professional Park March 31, 2004 Page 2 COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1 That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The final plat for the subdivision is in substantial compliance with the preliminary plat proposal. Condition, No. 2 The lots shall comply with the R-5, Residential / Professional Office zoning designation and development standards. • This condition has been met. The lots comply with the dimensional and size requirements of the R-5 zoning district and the existing building complies with setback requirements. Condition No. 3 Separate water and sewer services and metering shall be provided to each lot. • This condition will be met at the time of water and sewer connection and have been approved by the MDEQ for this individual sewer connection as stated in the letter dated July 27, 1998. Condition No. 4 That a landscape plan for the boulevard shall be reviewed and approved by the Kalispell Parks and Recreation Department. • This condition has been adequately addressed. A plan for landscaping in the boulevard area has been approved by the parks department as outlined in the attached letter dated March 25, 2004 and security in the amount of 125 percent of the cost of the landscaping has been included with a subdivision improvements agreement with improvements to be completed by September of 2004. Condition No. 5 A certificate of subdivision plat approval shall be obtained from the Montana Department of Environmental Quality. • This condition has been met. A letter from MDEQ has been included with the final plat application dated July 27, 1998. Condition No. 6 This waiver of preliminary plat approval is valid for three years and will expire on December 12, 2006. • This condition has been met. The final plat has been submitted prior to expiration of the waiver. 2 Final Plat for Buffalo Stage Professional Park March 31, 2004 Page 3 COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-5 zoning designation. RECOMMENDATION All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-1 as findings of fact and approve the final plat for Buffalo Stage Professional Park. Please schedule this matter for the next regular city council meeting of April 5, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, )� f4 , �' ;�' � - Narda A. Wilson Senior Planner NW/ Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Sands Surveying dated 3 / 15 / 04 Final plat application not dated Letter from MDEQ (EQ #98-2550) dated 7/27/98 Letter from Parks and Rec dated 3/25/04 Subdivision Improvements Agreement 3/ 10/04 Title report (CT 70702) from Citizens Title and Escrow Co 12/19/03 Treasures tax certification dated 3 / 12 / 04 3 Final Plat for Buffalo Stage Professional Park March 31, 2004 Page 4 Pre plat waiver letter dated 12 / 12 / 03 c: Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901 Mason Family Trust, 295 Kirby Lame, Bigfork, MT 59901 H: \FRDO \REPORTS jKALlSPELIKWP\04 \KWP-04-11tr.D0c W. BUFFALO STAGE PROFESSIONAL PARK TRI-CITY PLANNING OFFICE STAFF REPORT KWP-04-1 REVIEW AND FINDINGS OF FACT MARCH 31, 2004 A report to the Kalispell City Council for findings of fact for a four lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on December 16, 2003 subject to several conditions. BACKGROUND: This is a four lot commercial subdivision where preliminary plat approval for this subdivision was initially granted by the City on August 3, 1998 with an expiration date of August 3, 2001. A one-year extension was granted by the city council with an expiration date of August 3, 2002 and the plat expired prior to being finalized. However, the infrastructure for the subdivision has been put in place and the improvements accepted by the City of Kalispell for sewer and the Evergreen Water and Sewer District for water. A. Applicant: Dr. Charles Mason 295 Kirby Lane Bigfork, MT 59911 Technical Assistance: Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 B. Location. The property is located on the west side of Whitefish Stage immediately northwest of Edgerton School. The property address is 34 Bruyer Way. The parcel contains approximately 3.025 acres and can be described as Parcel A of Buffalo Stage Phase 11 in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County. C. Size: Total area: 3.025 acres Lot 1: 20,160 square feet Lot 2: 20,160 square feet Lot 3: 20,160 square feet Lot 4: 20,160 square feet D. Existing and Adjacent Land Uses: Currently this property is developed with a duplex medical office on proposed Lot I which has been in place for several years. Water and sewer have been extended to he parking area to serve the other lots within individual service lines. Some of the landscaping and sidewalks have been completed within the site and the sidewalks have been completed along Bruyer Way. This is primarily a residential area with a mix of uses in the immediate area such as a school, church and this medical complex which are non-residential in nature. E. Zoning: This property is zoned R-5, Residential J Professional Office which is a duplex and limited office zoning district that has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. F. Relation to Growth Policy: This property is designated on the Kalispell Growth Policy 2020 as an Urban Mixed Use area which anticipates residential and limited commercial uses. The proposed subdivision and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: Sewer: Water: Electricity: Telephone: Gas: School: Police: Fire Protection City of Kalispell Evergreen Water District Flathead Electric Coop Cen turyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is in place on the site near the center of the existing parking lot. All new construction will be required to comply with current fire codes and the requirements of the Kalispell Fire Department. Vegetation and topography: The property is generally level with no native vegetation remaining on site. Previously some of the required landscaping was put in place in conjunction with the existing medical office currently in place. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell sewer and Evergreen Water District water minimizing impacts to groundwater. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer: The City of Kalispell currently provides sewer service to the existing building. A main has been extended within the site and service lines will be taken from the main to service the new buildings. The property will be connected to these utilities at the time of development. Water: Water service is currently provided by the Evergreen Water District who have accepted the existing water main within the site and which serves the existing hydrant. New service lines will be taken from the existing main once development on the other three lots takes place. Access and Roads: Access to the site is from and existing driveway off of Bruyer Way, a City street in good condition, which will not be modified. It was installed per the previous requirements of preliminary plat approval. From Bruyer Way the traffic will enter onto Whitefish Stage Road, a State secondary highway that is maintained by Flathead County. The impacts to the roadways in the area will be minimal. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will have no impact on the enrollment of the school district. Parks: parkland dedication, is not required for commercial subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture:This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has been used for agricultural purposes in the past but it has been at least ten years since it was in agricultural production. This subdivision will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (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 is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the R-5, Residential / Professional Office. At the time of development this property will be required to be developed in accordance with the Kalispell Zoning Regulations including setback, parking, height limitation and any other applicable development standards. The subdivision complies with the zoning for the property. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-1 as findings -of -fact for the proposed subdivision and approve the final plat. H:\FRDO \REPORTS 1 KALISPEL\ KWP \ 04 \ KWP-04- I . DOC NW 4 SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 March 15, 2004 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Final Plat for Buffalo Stage Professional Park Dear Narda: Attached please find the materials required for the review of Buffalo Stage Professional Park final plat. This was granted a Waiver of Preliminary Plat approval on December 12, 2003 and will expire on December 12, 2006. The following is a list of the Conditions of Subdivision Approval and how each Condition was met. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. The final plat is in substantial compliance with the preliminary plat that was submitted. 2. That the lots shall comply with the R-5, ResidentiaVProfessional Office zoning design and development standards. The lots comply with the R-5 Zoning district standards. 3. Separate sewer and water services and metering shall be provided to each lot. As noted on the DEQ approval, each building has its own water and sewer services provided. Meters will be installed on each upon construction. 4. That a landscape plan for the boulevard be reviewed and approved by the Kalispell Parks and Recreation Department. A verbal plan was outlined by Mike Baker, Director of the Kalispell Parks and Recreation Department, after he reviewed the preliminary plat. His only requirement was that there be a street tree placed every 40 feet in the boulevard along Bruyer Way. This would result in a total of six new street trees to be installed and a Subdivision Improvements Agreement has been submitted within this application to cover the costs. 5. A Certificate of Subdivision Plat Approval shall be obtained from the Montana Department of Environmental Quality. Please refer to the attached documentation from DEQ. 6. This waiver of preliminary plat approval is valid for three years and will expire on December 12, 2006. This final plat is submitted before the deadline has expired. Thank you for your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely, Erica Wirtala zw-�Vdlz- D.A. Davidson & Co. member SIPC IRREVOCABLE .FETTER OF CREDIT Letter of Credit No. 3 Dated: March 10, 2004 Expiration Date: March 31, 2005 Amount: $1500.00 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount $1500.00 at the request of Charles W. Mason. If Charles W. Mason fails to complete the specified improvements in the name of Buffalo Stage Professional Park within the time period set forth in the attached Improvement Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. D.A.MAVIDSON & CO. ice Piesident7Financial Consultant Kalispe€I Office 200 First Avenue East • K-M Building • P.O. Box 128 • Kalispell, MT 59903 • (406) 752-6212 • 1-800-955-2208 • FAX (406) 257-7401 California • Colorado =Idaho • Montana • Oregon • Utah • Washington • Wyoming www.dodavidson.00m Tri-City Planning (Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (4061 751-1850 Fax: (406) 751-1858 tricityplanning cr;:centprytel.net www.tricityplanning-mt.com December 12, 2003 Erica Wirtala Sands Surveying 2 Village Loop Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval for Buffalo Stage Professional. Park Dear Erica: This letter is in response to your request for waiver of preliminary plat approval on behalf of your client Charles Masan for the creation of four commercial lots and a common area parking lot on the southwest corner of Whitefish Stage Road and Bruyer Way. The property is zoned R-5, Residential / Professional Office. There is an existing professional office located on proposed Lot 1. The other lots are undeveloped. It may be noted that a preliminary plat for Buffalo Stage Professional Park expired in August of 2002, but that the final plat was never completed. During this time there was City sewer and Evergreen water extended to the site as well as a fire hydrant installed to serve the existing building. These improvements were turned over to the City and Evergreen Water District and have become part of the City's public infrastructure. Hence, because these improvements have already been accepted and there are no new public improvements to be dedicated to the City upon completion, this further qualifies this plat for a preliminary plat approval waiver. The preliminary plat needs to meet the criteria cited below. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the 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) public sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • 'City of Whitefish SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 December 8, 2003 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Avenue East Kalispell, MT 59901 RE: Waiver of Preliminary Plat Buffalo Stage Professional Park Dear Narda: We would like to request a waiver of preliminary plat for Buffalo Stage Professional Park. It is the creation of four lots on the west side of Whitefish Stage Road, just past the W. Evergreen intersection. The property can be described as the Amended Plat of Parcel A, in the E1/2 SE1/4 of Section 31, and the W 1/2 SW'/ of Section 32, Township 29 North, Range 21 West. This property was recently annexed into the City of Kalispell, and is now zoned R-5. The subdivision would create four lots, all for medical/dental or professional office space. Each lot is approximately 18,000 square feet in size. Water and sewer services is provided to all lots. All of the improvements are installed, this includes parking, sidewalks, re -seeding and landscaping. The appropriate improvements have been dedicated and accepted by the City of Kalispell. This subdivision meets the criteria for a preliminary plat waiver in the following manner: 1. That the plat contains five or fewer lots; 2. That there is no public dedication of streets or public or private park land; 3. All lots have suitable access conforming to City standards; 4. Each lot has a suitable building site and there are no environmental hazards present; 5. Each lot can support on -site sewer or water services or is already served by public sewer or water; 6. The subdivision complies with these 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. Thank you for your consideration of this request. cerely, Erica Wirtala Fk.r' C:rr• r hnrIP44 Macnn ly SJ 1 3 M VICINITY MAP 14 161 =I DR. CHARLES MASON FINAL PLAT BUFFALO STAGE PROFESSIONAL PARK A 4 LOT COMMERCIAL SUBDIVISION ON 3.025 ACRES IN R-5, A RESIDENTIAL/PROFESSIONAL OFFICE DISTRICT PLOT ©ATE: 3/29/04 FILE # K P - 04 - SCALE I" = 200' H:\gis\site\kwrp04_l.dwg