E/03. Final Plat - Buffalo Commons Lot 2, Block 2, Phase 3REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax:(406) 751-1858
tricity@centu rytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Final Plat for Buffalo Commons Lot 2, Block 2, Phase 3
September 17, 2001
BACKGROUND: This is a request for final plat approval of a one lot subdivision in the
Buffalo Commons development. This lot combines proposed Lots 5 and 6, Phase 3 as
shown in the preliminary plat approved by the city council on November 15, 1999 subject
to ten conditions. The lot is located on the north side of Commons Way and east of Hwy.
93. The lot contains 0.925 acres and is in the Retail/Commercial/ Office pod of the
Buffalo Commons Planned Unit Development.
Buffalo Commons was approved as a Planned Unit Development and as such is subject
to a development agreement with the City of Kalispell executed in July of 1995. The
overall development plan was subject to access and street locations, landscaping and the
types of uses which would be allowed to occur with the development. This development
agreement also outlines the phasing plan with Phase I being the single family pod, Phase
II as the multifamily pod, Phase III with the retail commercial / office pod, Phase IV with
the northerly professional / medical facilities pod and Phase V with the southerly
professional / medical facilities pod. All of the infrastructure for Phases I through IV of
the development including water and sewer services, roadways and utilities were
installed during previous development with the project and have been accepted by the
City.
RECOMMENDATION: A motion to approve the final plat for Lot 2, Block 2, Phase 3 of
Buffalo Commons would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
J�44 1 4'===- Cam" ll.lstt,9
Narda A. Wkson Chris A. Kukulski
Senior Planner City Manager
Report compiled: September 12, 2001
Attachments: Letter of transmittal
Final plat application and supporting documents
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
September 12, 2001 tricity@centurytel.net
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Buffalo Commons Lot 2, Block 2, Phase 3 —
Retail/ Commercial/ Office Pod
Dear Chris:
Our office has received an application from Northwest Healthcare Corp. for final plat
approval of Buffalo Commons Lot 2, Block 2, Phase 3 which will plat a one lot
subdivision. The lot is located on the north side of Commons Way and east of Hwy. 93
and contains 0.925 of an acre. It combines Lots 5 and 6, Phase 3 as indicated on the
preliminary plat approved by the Kalispell City Council. The lot is in the
Retail/Commercial/ Office pod of the Buffalo Commons Planned Unit Development with
the rear of the lot facing Hwy 93. Previous phases of the subdivision have dedicated the
roads and utilities within the subdivision to the City of Kalispell and they were accepted.
Preliminary plat approval was granted by the Kalispell City Council on November 15,
1999 subject to ten conditions. Several of these conditions relate to the development of
Phase V, to the south of this lot, and would not be applicable to this subdivision. The
following is a list of the conditions of preliminary plat approval for this subdivision and a
discussion of how they have been met or otherwise addressed.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. Development of the subdivision will be platted in substantial
compliance with the approved preliminary plat which shall govern the general location of
the lots, easements and roadways.
• This condition has been met. This lot combines proposed Lots 5 and 6 of Phase 3 as
shown on the preliminary plat and is in substantial compliance with the approved
plat.
Condition No. 2. That the roadways within the subdivision shall be constructed in
accordance with the City of Kalispell's Standards for Design and Construction which
includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the
Kalispell Public Works Department shall be required stating that the improvements have
been installed according to the required specifications at the time of final plat approval.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Final Plat Buffalo Commons L2, B2, Ph3
September 12, 2001
Page 2
• This condition has been met. All of the required infrastructure such as roads, curb,
gutter, sidewalks, water, sewer and drainage have been reviewed and approved by the
City of Kalispell Public Works Department when the roadways and related
infrastructure were previous accepted by the City in the platting of previous phases of
Buffalo Commons. Additionally, a letter from Robert Peccia and Associates certifying
the improvements has been submitted with the final plat.
Condition No. 3. That sidewalks shall be constructed on the north side of the
Sunnyview Lane next to the property boundary with a minimum five foot boulevard space
between the sidewalk and roadway prior to filing Phase V.
• This condition is not applicable to this portion of the subdivision, but will be
addressed prior to filing Phase V.
Condition No. 4. Installation of curb and gutter on the north side of Sunnyview Lane
for Phase V, or posting a bond for said curb and gutter, or waiving the right to protest a
special improvements district for the same shall be required in conjunction with the final
plat of Phase V.
• This condition is not applicable to this portion of the subdivision, but will be
addressed prior to filing Phase V.
Condition No. 5. That approach permits for the required road construction at Heritage
Way and Sunnyview Lane be obtained from the Kalispell Public Works Department.
• This condition is not applicable to this portion of the subdivision.
Condition No. 6. That all water and sewer service plans and specifications shall be
reviewed and approved by the Department of Environmental Quality and the Kalispell
Public Works Department.
This condition is not applicable to this portion of the subdivision because the water
and sewer facilities were reviewed and approved with previous phases of Buffalo
Commons.
Condition No. 7. That a letter from the Kalispell fire chief approving the location and
Placement of the fire hydrants within the subdivision shall be submitted with the final
plat.
• This condition has been addressed during previous filings for the Buffalo Commons
development. It may be noteworthy that when the project develops it will be reviewed
by the site development review committee where fire code issues can be further
addressed.
Condition No. S. That areas be landscaped according to the specifications outlined in
the development agreement with the City of Kalispell. All utilities shall be installed
underground.
Final Plat Buffalo Commons L2, B2, Phi
September 12, 2001
Page 3
This condition has been met for this area with the platting of previous phases of the
Buffalo Commons development.
Condition No. 9. A storm water drainage plan which incorporates the drainage
easements indicated on the preliminary plat, along with a grading plan, shall be reviewed
and approved by the City of Kalispell prior to the filing of Phase V.
This condition is not applicable to this portion of the subdivision, but will be
addressed prior to the filing of Phase V.
Condition No. 10. The parking lot on the north side of Sunnyview Lane and the
proposed temporary expansion of the parking lot must be brought into full conformance
with the Kalispell Zoning Ordinance with the infrastructure for Buffalo Commons is
developed prior to filing Phase V.
This condition is not applicable to this portion of the subdivision, but will be
addressed prior to the filing of Phase V.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was reviewed
and approved by the city council on November 15, 1999.
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 has been found to be in compliance with the Kalispell Zoning Ordinance
and the Planned Unit Development which governs the dimensional requirements of the
lots within the subdivision and well as the uses within the various development pods.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been met or otherwise adequately
addressed The staff would recommend that the Kalispell City Council approve the final
plat for this one lot commercial subdivision. Please schedule this matter for the regular
city council meeting of September 17, 2001.
Sincerely,
arda A. Wilson
Senior Planner
NW/
Final Plat Buffalo Commons L2, B2, Ph3
September 12, 2001
Page 4
Attachments: 1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Ltr from D Greer dated 8/28/01
Final plat application dated 8/29/01.
Letter from DEQ dated 5/ 15/97
Title report from Sterling Title Services dated 7/ 19/01
Treasurers Certification dated 8/27/01
c: David Greer, 1867 Ashley Lake Rd, Kalispell, MT 59904
Jim Oliverson, NWHC, 310 Sunnyview Lane, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
H: \... \KFP01-4.DOC
David Greer
1867 Ashley Lake Rd Kalispell MT 59901
28, August 2001 r f..
Narda Wilson
Senior Planner `AEG 2 9 ?r r`'
Tri-City Planning Office
17 Second Street East t ;Ar
Kalispell, MT 59901
RE: FINAL PLAT OF BUFFALO COMMONS, PHASE 3, Block 2, Lot 2
Dear Narda:
Attached are the application materials for the above -referenced final plat. The proposed
lot and associated infrastructure are in substantial compliance with the PUD Development
Agreement and with the preliminary plat. Lots 5 and 6 of Phase 3, as shown in the
preliminary plat, have been combined to create one lot. All the roads, water, and sewer
facilities have been previously accepted by the City. As with the previous applications
involving Buffalo Commons, I am enclosing a copy [rather than the original] of the State
Environmental Quality approval letter since Buffalo Commons is being platted in phases
and there is only one original letter.
The highway landscaping is complete and the boulevard landscaping will be installed as
the lot is developed and in accordance to site plan and architectural review. The fire chief
has previously indicated approval ofthefire hydrant locations in this Phase and, as always,
has the opportunity to review the site plans of all proposed structures.
Please let me know if you have any questions concerning this application request or
require any additional information. Thank you for your continued cooperation.
Sincerely,
David Greer, aicp
Consultant to NWHC
attachments: Application fee of $275.00
Application form
Title report
Tax certification statement
DEQ approval statement (copy, original on file)
Plats
Narrative response to conditions of approval
Narrative Response to Conditions of Preliminary Plat
City Resolution No. 4520
1. Development of the subdivision shall be platted in substantial compliance with the
approved Preliminary Plat ..................
The easements and roads are identical to those shown on the preliminary plat. The
only difference between the final plat application and preliminary plat is that lots 5
and 6 of the preliminary plat have been combined to create one lot.
2. That the roadways within the subdivision shall be constructed in accordance with the
City of Kalispell's Standards for Design and Construction ...............
The roads in Phases 1, 2, 3 and 4 of Buffalo Commons were subject to a previous
final plat application and all were accepted as public streets, which included aspects
of drainage, gutters, sidewalks, and boulevards.
3. That sidewalks shall be installed on the north side of Sunnyview Lane for Phase V next
to the property with .......................
This condition has no application to the subject lot, which is located in Phase 3.
4. Installation of curb and gutter on the north side of Sunnyview Lane for Phase V, or
posting a bond..........
This condition has no application to the subject lot, which is located in Phase 3.
5. That approach permits for the required construction at Heritage Way and Sunnyview Lane
be obtained.......
This condition has no application to the subject lot, which is located in Phase 3.
6. That all water and sewer service plans and specifications shall be reviewed and
approved by the .........
The water and sewer improvements for Phases 1, 2, 3, and 4 have been approved by
the City and DEQ. All the infrastructure is complete and have been accepted by the
City. A copy of the DEQ approval is attached with this application.
That a letter from the Kalispell Fire Chief approving the location and placement of fire
hydrants..............
A letter from the Fire Chief was included in previous plats, whereby the Chief
indicated acceptance of all the hydrants in Phases 1, 2, 3, and 4.
That areas be landscaped according to the specifications outlined in the development
agreement......
All the common areas in Phases 1-4 have been landscaped and maintained for 3
continuous years. Boulevard landscaping is completed with development of the
adjacent lots.
9. A storm water drainage plan which incorporates the drainage easements indicated on
the preliminary plat.........
An engineered storm water drainage system has been completed for phases 1-4. The
drainage system for phase 5 will be completed or bonded prior to the platting of
Phase 5.
10. The parking lot on the north side of Sunnyview Lane and the proposed temporary
expansion .............
This condition has no application to the subject lot, which is located in Phase 3.
Tri-City Planning Office
17 Second Street East
Kalispell, MT 59901
FINAL PLAT APPLICATION
Subdivision
Name: Buffalo Commons Phase 3 Block 2 Lot 2
Contact Person:
Name: David M. Greer
Address: 1867 Ashley Lake Rd
Kalispell MT 59904
Phone No.: 406.756.9099
Date of Preliminary Plat Approval:
Type Subdivision:
No. of Lots Proposed:
Land in Lots: (ac.)
Owner:
Jim Oliverson, NWHC
310 Sunnyview Lane
Kalispell, MT 59901
406.752.1724
15 November 1999
Residential I Industrial PUD I Other
FILING FEE ATTACHED:
1 Park Land (ac.):
0.925 Cash -in -lieu:
$275.00
Exempt: Non -Residential
NOT
ATTACHED APPLICABLE
E Health Department Certification
E Title Report
Tax Certification
Sub.
Plat
Sub. Improvements Agreement
Parkland Cash -in -Lieu
Recorded Covenants
��c- Recorded Homeowners By-Laws/Articles of Incorporation
WRS2 Plats
11
Plat must be signed by all owners of record, the surveyor and examining land surveyor.
Attach a letter which lists each condition of preliminary plat approval and individually state
how each condition has specifically been met. In cases where documentation is required,
such as an engineer's certification, State Department of Health certification, etc., original
shall be submitted. Blanket statements stating, for example, "all improvements are in
place" are not acceptable.
A complete final application must be submitted no less than 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 to 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 necessitate reconsideration
by the Planning Board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will be not accepted and that false. information will delay the
application and may invalidate any approval. The signing of this application signifies
approval for F.R.D.O. staff to be present on the property for routine monitoring and
inspection during the approval and development process.
ner Signature
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING & COMPLIANCE DIVISION Metcalf Building
1520 Bast Sixth Ave.
MARC RACICOT, GOVERNOR
'Phone: (406)444-4323
Fax: (406)444-1374
May 15, 1997
Philip Porrini
Robert Peccia & Associates
825 Custer Avenue
Helena, MT 59604
PO Box 200901
Helena, MT 59620-0901
Re: City of Kalispell - Buffalo Commons Planned Unit Development
Flathead County EQ # 97-2137
Dear Mr. Porrini:
The plans and specifications for the above referenced project have been
reviewed by personnel under contract with the Permitting and Compliance
Division and found to be satisfactory. Approval of the plans and
specifications is hereby given. One set of plans and specifications
showing the approval stamp of the MDEQ is enclosed.
The project consists of approximately 1225 lineal feet of 12 inch PVC-
C900 water main, approximately 2055 lineal feet of 8 inch PVC-C900 water
main, 11 hydrants and appurtenances. The project also consists of
approximately 3135 lineal feet of 8 inch PVC sewer main, approximately
470 lineal feet of 6 inch PVC sewer main, 29 new manholes and
appurtenances.
Approval is based on plan sheets C4-1 through C4-10 and on plan sheets
C5-1 through C5-9 dated May, 1997 and on specifications received May
12,1997. Both the plans and specifications were received under the stamp
of Phil Porrini, Montana Professional Engineer Number 4371E.
Approval is also given with the understanding that any deviation from
the approved plans and specifications will be submitted to the
department for reappraisal and approval. Within 90 days after the
project has been completed, the project engineer shall certify to the
department that the project was inspected and found to be installed in
accordance with the plans and specifications approved by the department.
This certification shall be accompanied by a set of "as -built" record
'AN EQUAL OPPORTUNITY EMPLOYER"
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
27 0219 89 205744
CHICAGO TITLE INSURANCE COMPANY
To the County of Flathead and the City of Ka 1 i spe l I in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State
of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 19th day of
July , W2001, at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee
simple of record in:
Northwest Healthcare Corporation,
A Montana Corporation
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 10,000.00
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
Issued by:
STERLING TITLE SERVICES
211 South Main (P.O. Box 73)
Kalispell, MT 59901
(406) 752.7000
FAX (406) 752 - 7207
(406) 257 - 5663
Authoo Sig at ry
CHICAGO TITLE INSURANCE COMPANY
By:
ATTEST: Pres' ent
Secretary
PRPr rTRiN a ]Dv mT.—I-- --
a,.c uVIVIN I AIN A)
Reorder Forth No. 9113
SCHEDULE A
Page 2 Certificate No.: 27-0219-89-205744
Our File No.: CG-31760
Being the legal description of the real estate covered by this
certificate.
The following -described parcels of real estate:
Those portions of the Southeast Quarter of the Northeast Quarter
(SEUNEU) of Section 1, Township 28 North, Range 22 West and
Government Lot 5, Section 6, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of Government Lot 5, Section
6, Township 28 North, Range 21 West; thence along the
Westerly boundary of said government lot
South 01024127/1 West a distance of 677.10 feet to the Point of
Beginning of the parcel being described; thence
North 87003151/1 East a distance of 112.93 feet to the Westerly
boundary of said Commons Way, a 60.00 foot city street and a
point on a 530.00 foot radius curve concave Easterly having a
radial bearing of North 87003151/, East; thence along said
Westerly boundary of said Commons Way the following four
courses:
Along said curve through a central angle of 03048126/, an arc
length of 35.22 feet
South 06044135/1 East a distance of 128.33 feet to the beginning
of a 25.00 foot radius curve to the right concave
Northwesterly,
Along said curve through a central angle of 89015156/1 an arc
length of 38.95 feet and
South 82031121/1 East a distance of 181.93 feet to the Easterly.
boundary of the Common Area of Buffalo Commons Phase 3, Block
1, the plat of which is on file with the Flathead �bunty
Clerk and Recorder and to a point on a 2764.79 foot radius
curve concave Easterly having a radial bearing of North
82022104/1 East; thence along said Easterly boundary of said
Common Area and along said curve through a central angle of
04014115/1 an arc length of 204.48 feet; thence g
North 87003151/1 East a distance of 90.90 feet to the Point of
Beginning.
TO BE KNOWN AS: BUFFALO COMMONS PHASE 3 BLOCK 2 LOT 2
Page 3 Certificate No.: 27-0219-89-205744
Our File No.: CG-31760
Being all of the estates, interests, equities, lawful claims, or
demands, defects, or objections whatsoever to title; and all
easements, restrictions, liens, charges, taxes (general, special,
or inheritance, or assessments of whatever nature), or
encumbrances; and all other matters whatsoever affecting said
premises, or the estate, right, title, or interest of the record
owners, which now do exist of record.
1.
Property
taxes
for
the
first half
of
the year 2001.
2.
Property
taxes
for
the
second half
of
the year 2001.
3. Delinquent water and sewer charges of the City of Kalispell,
if any.
4. Reservations in Patents or the acts authorizing the issuance
thereof.
5. Mineral rights, claims or title to minerals in or under said
land, including but not limited to metals, oil, gas, coal, or
other hydrocarbons, sand, gravel or stone, and easement or
other rights relating thereto, whether express or implied,
recorded or unrecorded.
6. Right -of -Way Easement granted to Pacific Power & Light
Company, a corporation, recorded September 18, 1959 under
Recorder's Fee #5838, in Book 429, page 512, records of
Flathead County, Montana.
7. Easement granted to the City of Kalispell, recorded December
29, 1961 under Recorder's Fee #9039, in Book 443, page 630,
records of Flathead County, Montana.
8. Declaration of Conditions, Covenants, and Restrictions and
any rights, provisions, powers, obligations, liens or charges
as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial
status or national origin, unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of
the United States Code or (b) relates to handicap but does
not discriminate against handicapped persons, recorded July
10, 1980 under Recorder's Fee #8632, in Book 696, page ill,
records of Flathead County, Montana, and any amendments
thereto.
9. Easement granted Northwestern Telephone Systems, Inc.,
recorded December 17, 1980 under Recorder's Fee #18056, in
Book 707, page 361, records of Flathead County, Montana.
10. Resolution No. 4174 regarding annexation recorded November
14, 1994 as Document #9431814340, records of Flathead County,
Montana.
11. Terms and provisions in Ordinance No. 1226 regarding A
Planned Unit Development recorded October 3, 1995 as Document
#9527615080, records of Flathead County, Montana.
12. Declaration of Conditions, Covenants, and Restrictions and
any rights, provisions, powers, obligations, liens or charges
as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial
status or national origin, unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of
the United States Code or (b) relates to handicap but does
not discriminate against handicapped persons, recorded
October 3, 1995 as Document #9527615080, records of Flathead
County, Montana, and any amendments thereto.
13. Ordinance No. 1276 regarding Amendment of Declaration of
Conditions, Covenants and Restrictions, recorded February 24,
1998 as Document #199805512210, records of Flathead County,
Montana.
14. Ordinance No. 1281 regarding Vacating Declaration of
Conditions, Covenants and Restrictions, recorded February 24,
1998 as Document #199805512220, records of Flathead County,
Montana.
is. Declaration of Conditions, Covenants, and Restrictions and
any rights, provisions, powers, obligations, liens or charges
as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial
status or national origin, unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of
the United States Code or (b) relates to handicap but does
not discriminate against handicapped persons, contained in
instrument recorded February 24, 1998 as Document
#199805512230, and amendment recorded September 29, 2000 as
Document #200027311070, records of Flathead County, Montana.
16. Easement for the purpose of providing the City of Kalispell
the right of egress and ingress for the purpose of
constructing, maintaining, operating, repairing and removing
a City sewer force main utility line, appurtenant equipment
and a gas line upon and within said easement recorded January
11, 1999 as Document #199901113260, records of Flathead
County, Montana, and as shown on the unrecorded plat of
Buffalo Commons Phase 3 Block 2 Lot 2.
17. Certificate of parkland as shown on the unrecorded plat of
Buffalo Commons Phase 3 Block 2 Lot 2.
18. No search has been made for water rights and unpatented
mining claims and liability thereon is excluded from coverage
of this Certificate.
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800 S . MAIN
NALISPELL, mT 59901
(406) 758-5510
THIS FORM IS FOR SUBDIVISIONS AND r_ONDOMINIMIS ONLY
By: ES[37
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1 `19 2_ANn To nATM O t—, CaS4-O
h,trc,Fry eert:.if.y Chal: taiere are uo r,utLA-allding taxes , on tha
[�rcperty assigned the assessor numbors listed above, for the years
LLldicated for each a5�e'jm0 number.
///n/� AUG 27 2001
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DEC'17gI. TREASURER
SEAL