7. Ordinance 1401 - 2nd Amendment to Covenants - Buffalo Commons PUD - 1st Readingof Kalis
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
REPORT TO: Honorable Mayor and City Council
FROM: PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
SUBJECT: Buffalo Commons PUD/KRMC addition
MEETING DATE: October 1, 2001
BACKGROUND: Kalispell Regional Medical Center has been moving forward on a series of
additions to the existing hospital building. One of the most recent building permit applications
includes a surgical center to be located between the old Sunnyview Lane and the new street
location. The surgical center was part of the master plan CUP approved by the council in June
2000.
Subsequent to the CUP approval, KRMC requested a zoning ordinance amendment to the
height limit in the H-1 (Health Care) zone, with a particular focus on the new patient tower. The
request was approved and allowed hospitals to be constructed to a height of 60 feet in the H-1.
The surgical center, however, is not located in the H-1; It is located in the Buffalo Commons
PUD and has a height limit of 35 feet. The proposed structure would be approximately 45 feet
tall.
KRMC initiated a request to modify the language contained in the PUD agreement/
covenants for the medical/professional facilities pod. The proposal would allow 60 feet for
hospital structures, including outpatient surgical centers. The Site Development Review
Committee discussed the proposal and deemed it to be a major change. As a major change, the
proposal is then submitted to the Council. No objections to the proposal were raised by Site
Review, and it was noted that the change substantially mirrors the height standard in the adjacent
H-1 zone.
In addition to written approval by the City, the covenants also require approval by 75% of
the landowners in the pod. According to KRMC, they own land in excess of the necessary 75%.
RECOMMENDATION: The Council move to approve the "Second Amendment to
Declaration of Covenants, Conditions and Restrictions Buffalo Commons (Medical/Professional
Facilities)."
FISCAL EFFECTS: Minimal
ALTERNATIVES: As suggested by the Council.
ATTACHMENTS: Request for amendment
Proposed "Second Amendment to Declaration of Covenants, Conditions
and Restrictions Buffalo Commons (Medical/Professional Facilities)"
Respectfully submitted,
C''"A.j�
P Sorensen Chris Kukulski
Zoning Administrator City Manager
Report compiled September 25, 2001
NO. 1401
AN ORDINANCE AMENDING ORDINANCE NO. 1226 (PLANNED UNIT DEVELOPMENT,
BUFFALO COMMONS) BY AMENDING THE HEIGHT LIMIT FOR THE
MEDICAL/PROFESSIONAL FACILITIES POD, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Declarations of Covenants, Conditions, and
Restrictions, Buffalo Commons, (A), (B), (C),(D) and (E),
Section I, Ordinance No. 1226, (Records of Flathead
County, Doc. No. 9527615080) were initially filed on
January 26, 1998; and
WHEREAS, the Declarations of Covenants, Conditions, and
Restrictions, Buffalo Commons, were modified on September
29, 2001, by the First Amendment to Declaration of
Covenants, Conditions and Restrictions (No. 2000-273-
11080, Records of Flathead County); and
WHEREAS, Article IX, entitled Amendment, reads:
"This Declaration may be amended by an instrument signed
by the owners of seventy-five percent (75%) of the
land..."; and
WHEREAS, Northwest Healthcare Corporation owns at least 75% of the
land of Buffalo Commons, Medical/Professional Facilities,
and desire to amend the Covenants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That the Declarations of Covenants,
Conditions, and Restrictions, Buffalo Commons,
Article VI, Section 2, Building Size, is
hereby amended by deleting it in its entirety
and replacing it as follows:
Section 2. Buildingr Size. Each building or
other structure shall be constructed, erected
and maintained in strict accordance with the
approved plans and specifications. Maximum
building height shall be 35 feet, provided
that any hospital building height or structure
1
may have a maximum building height not to
exceed 60 feet.
SECTION II. All other parts and portions of Ordinance No.
1226, not amended hereby, shall remain the
same.
SECTION III. This Ordinance shall take effect from and
after 30 days of its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, THIS _ DAY OF OCTOBER, 2001.
ATTEST:
Theresa White
City Clerk
0
Wm. E. Boharski
Mayor
9-19-01; 1:03PM;DNR KALISPELL
:4067512296
David Greer (fax} 756.0123
1867 Ashley Lake Rd
Kalispell, Mr 58901
To: PJ Sorensen Frorm David Greer
Faxt 75&7739 Pages: 1
Phony 758-7732 Data 91119101
Re: Buffalo Commons PUD Covenants CC: Bill Astle
x Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
PJt
As per our discussion this day, I would like Site Plan Review to consider a request to amend the
°Medical/Professional Facilities" covenants of Buffalo Commons as follows:
Amend Article VI, Section 2, second sentence to read: "Maximum building height shall be 35
feet except a height not exceeding 60 feet shall be permitted for hospital structures, including
outpatient surgical centers."
This request is consistent with the 60-foot height allowance for hospitals in the H-1 district. If you view
this as a major change, I would appreciate your earliest consideration of this request by the City
Council.
Please contact me if you need any other information concerning this request
SECOND AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
Buffalo Commons (Medical/Professional Facilities)
WHEREAS, on the 26" day of January, 1998, a Declaration of Covenants,
Conditions and Restrictions (hereinafter referred to as "Covenants") was recorded
as Document No. 1998-055-12230, records of Flathead County, Montana,
establishing certain restrictions on the use of and for the benefit of the subdivision
development known as Buffalo Commons located as Parcel 4 of Certificate of
Survey No. 12409, and Parcel 4 of Certificate of Survey No. 13186, as recorded
among the land records of Flathead County, Montana; and,
WHEREAS, on the 291" day of September, 2000, a First Amendment to
Declaration of Covenants, Conditions and Restrictions was recorded as Document
No. 2000-273-11080, records of Flathead County, Montana, amending said
Declaration of Covenants, Conditions and Restrictions as more particularly set forth
in said First Amendment and,
WHEREAS, Article IX, entitled Amendment, reads:
"This Declaration may be amended by an instrument signed by
the owners of Seventy-five Percent (75%) of the land..."
WHEREAS, the undersigned are the owners of at least seventy five per cent
(75%) of the land of Buffalo Commons, Medical/Professional Facilities; and,
WHEREAS, the undersigned Owners desire to amend the Covenants
pursuant to Article IX.
NOW, THEREFORE, the Declaration of Covenants, Conditions, and
Restrictions of Buffalo Commons (Medical/Professional Facilities) are amended as
follows:
Amend Article VI, Section 2, of the original recorded Covenants, entitled,
Building Size, by deleting it in its entirety and replacing it as follows:
ARTICLE VI
Section 2. Building Size: Each building or other
SECOND AMENDMENT TO DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
Page 1
structure shall be constructed, erected and maintained in
strict accordance with the approved plans and
specifications. Maximum building height shall be 35 feet,
provided that any hospital building or structure may have
a maximum building height not to exceed 60 feet.
Each and every other provision of the Covenants and First Amendment
thereto as recorded among the land records of Flathead County, Montana, except
as to the Amendment herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned owners of at least seventy-five
per cent (75%) of the land subject to the Covenants above -described have
executed this SECOND AMENDMENT to Declaration of Covenants, Conditions and
Restrictions of Buffalo Commons (Medical/Professional Facilities) this of
_ , 2001.
NORTHWEST HEALTHCARE CORPORATION
Velinda Stevens, President/CEO
WINDWARD WAY, LLC
in
Member
ARCHITECTS DESIGN GROUP
0
WESTERN MONTANA MENTAL HEALTH CLINIC
2
SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Page 2
SEEN AND APPROVED:
CITY OF KALISPELL
0
Chris A. Kukulski, City Manager
STATE OF MONTANA )
ss.
County of Flathead
On this day of , 2001, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
Velinda Stevens, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that she executed the same.
(Seal)
STATE OF MONTANA )
SS.
County of Flathead )
Notary Public for the State of Montana
Residing at:
My Commission expires:
On this day of , 2001, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same.
(Seal)
Notary Public for the State of Montana
Residingat:
My Commission expires:
SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Page 3
STATE OF MONTANA )
ss.
County of Flathead }
On this day of , 2001, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same.
(Seal)
STATE OF MONTANA )
ss.
County of Flathead )
Notary Public for the State of Montana
Residing at:
My Commission expires:
On this day of , 2001, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same.
(Seal)
STATE OF MONTANA )
ss.
County of Flathead }
Notary Public for the State of Montana
Residing at:
My Commission expires:
On this day of , 2000, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared Chris
A. Kukulski, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same.
(Seal)
Notary Public for the State of Montana
Residing at:
My Commission expires:
SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Page 4