04. Syth Business Park SubdivisionFlathead Regional Development Office
723 nth Avenue East -Roam 414
Kalispell, ;Montana 59901
August 20, 1996
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Preliminary Plat for Syth Business Park
Dear Clarence:
Phone: (406) 758-5980
Fax; (406) 758-578
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of August 13, 1996 at 5:30 PM. in the Kalispell City Council Chambers on the
following agenda item:
A request by Associated Planning Consultants on behalf of Noreen Syth for
prel ` ' plat approval of a 14 unit commercial condominium subdivision
which will be known as "Syth Business Park. " The property contains 1.207 acres
and is in a B-2, General Business, zoning district. The property is currently
being developed and is located between Airport Road and 1st Avenue west, south
of 12th Street west approximately 400 feet. The property address is 1340
Airport Road, Kalispell and can be further described as Assessor's Tract 8D in
Section 18, Township 28 North, Range 21 west, P.M.M., Flathead County,
Montana.
A staff report was presented by Narda Wilson of the Flathead Regional Development office who
evaluated the proposed condominium project according to the evaluation criteria required by the
city and state subdivision regulations. She noted that building permits have been issued for the
entire project which is comprised of seven buildings with two units in each building for a total
of 14 units. Ms. Wilson reviewed the traffic circulation and parking on the site and noted that
it was being tightly developed. The staff recommended approval of the condornfi iurn project
subject to twelve conditions.
A public hearing followed. At the public hearing, Brian wood, a representative for the
applicant, spoke in favor of the proposal. He stated that Mrs. Syth's husband died unexpectedly,
and she intends to liquidate this property and its buildings. She believes creating commercial
condominium units would be the most expeditious way of selling the property and buildings.
Robert Goertz, who owns the Cables Building to the west, voiced his concerns regarding the
amount of traffic along Airport Road, difficult access onto Highway 93 and potential drainage
problems. He stated he is not opposed to the project, but would like to see it completed as soon
as possible.
Providing Community Planning Assistance To:
• Flathead County a City of Columbia Falls 9 City of Kalispell • City of Whitefish •
Clarence Krepps, City Manager
Re: Preliminary Plat for Syth Business Park
August 20, 1996
After some brief discussion of the project, a motion was made to adopt FRDO Report #KPP-96-
02 as findings of fact and to recon rend that the City Council approve the proposed preliminary
Plat subject to the twelve amended conditions. The motion was passed unanimously on an 8 to
0 vote .
A list of recommended conditions of approval for Syth Business Park is included with this letter
as Attachment A. This information is being forwarded to you to be scheduled for the August
26, 1996 City Council work session and subsequent September 9, 1996 regular City Council
meeting.
Please contact this Board or Narda Wilson at the Flathead Regional Development Office if you
have any questions.
Respectfully submitted,
ISPELL CITY -COUNTY PLANNING
Pamela J. B. Kennedy
Vice President
TFHINW/dh
Attachments: Attachment A
BOARD AND ZONING COMMISSION
FRDO Report #KPP-96-02
Application Materials
Minutes from the 8/ 13/96 Planning Board meeting will be forwarded under
separate cover
c : Noreen Syth, P.O. Box 121, Fortine, MT 59918
Brian wood, APC, 2220 Dillon Rd., Columbia Falls, MT 59912
Sands Surveying, 1995 3rd Ave. Fast, Kalispell, MT 59901
H :1...119961KPP96-02 . TRM
ATTACHMENT A
RECOMMENDED CONDITIONS of APPROVAL FOR
SYTH BUSINESS PARK PRELIMINARY PLAT
The Kalispell City -County Planning Board and Zoning Commission recommends that the City
Council approve the preliminary plat for Syth Business Park subject to the following conditions:
1. Provide encroachment permits from the City of Kalispell Public Works Department for
the accesses onto Airport Road and First Avenue West.
2. Water and sewer facilities shall be approved by the City of Kalispell. The existing water
and sewer lines shall be surveyed and an easement shall be shown on the revised
preliminary (final) plat.
3. All drainage shall be maintained on -site and that a drainage plan shall be approved by
the Kalispell Public Works Department.
4. Address numbers will be visible from the road either at the driveway entrance or on the
building.
5. That all utilities be placed underground.
6. That landscaping be done in accordance with the requirements outlined in the Kalispell
Zoning Ordinance.
7. That a landowners association be created to provide for the year-round maintenance of
all common areas including the roads and parking lots, landscape areas and pedestrian
walkways.
S . That the development comply with all of the provisions of the Unit ownership Act,
Sections 70-23-10 through 70-23-702, M.C.A.
9. That the Kalispell Fire Department provide written approval of the fire suppression
system for Stith Business Park.
10. That all uses within the buildings comply with the Kalispell Zoning ordinance.
11. That directional traffic signs be posted at both ends of the entrance to the site.
12. That preliminary plat approval shall expire in three (3) years from the date of approval.
H :1...1KPP\951KPP96-02 . RPT
1
FLATHEAD REGIONAL DEVEEOPMEENT OFFICE
SYTH BUSYNESS PARK
SUBDIVISION REPORT ##KPP- 96-2
AUGUST 5, 1996
A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding
a request for preliminary plat approval of a 14 unit commercial condominium subdivision.
BACKGROUND FORMATION
A. Subdivider: Noreen Syth
P.O. Box 121
Fortine, MT 59918
(406) 882 -4474
Representative:. Brian J. wood
Associated Planning Consultants
2220 Dillon Road
Columbia Fails, MT 59912
(406) 862 -25 80
Technical Assistance:
B . Location:
Sands Surveying, Inc.
1995 3 rd Ave East
Kalispell MT 59901
(406)755-6481
The site is located between Airport Road and First Avenue west, south of 12th Street
West approximately 400 feet. The property address is 1340 .Airport Road, Kalispell and
can be further described as Assessors Tract 8D %n Section 18, Township 28 Forth, Range
21 Nest, P.M. M . , Flathead County, Montana.
C . Project Description:
Initially, the property owner had intended to build seven units on this property which
each unit containing two commercial rental spaces. He planned on managing the facility.
The unexpected demise of the property owner has required his wife to manage
unresolved business matters. It is her desire to create 14 commercial condominium units
from this project that will be ultimately result in the individual units being sold and an
association managing the entire facility. Creating condominiums from these units
requires subdivision review and approval by the governing body and a "revised" (final)
plat to be filed upon completion.
Total area:
Units (14):
Common Area:
Unit size:
1. 207 acre
14,000 sq. ft./ 0.321 ac.
38.591 sq. ft./0.886 ac.
1,000 sq . ft.
E. Existinend Use: The property is currently being developed. Building permits have
been issued for all seven buildings on the property. Two of the buildings have been
built. one building has been built and is occupied, two other are near completion,
foundations are in for two and work has not started on one.
F . Ad-Lqining Land Use and Zorn : Surrounding land uses consist primarily of commercial
development.
North: B-2 zoning, commercial use
South.- B-2 zoning, restaurant
East: B-2 zoning, commercial use
West: P-1 and R-4. City shop and residence
G. Zoning: This property is zoned B-2, General Commercial.
H . Relation to Master Plan: The Kalispell City -County Master Plan Map designates this
area as cormercial. This subdivision is in compliance with the Master Plan designation
in the area and meets goals of the roaster plan relating to providing commercial infill.
I. Utilities:
,
�es:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Gas:
Montana Power Company
Electricity:
Pacific Power
Telephone:
PTI Communications
Police:
City of Kalispell
Fire:
City of Kalispell
REV IIEW A.,ND COUNTS
This application is reviewed as a major subdivision in accordance with statutory of the Montana
Subdivision and Platting Act and the City of Kalispell Subdivision Regulations:
FA
A. Effects on Health and Safe
Fire: The property is within the Kalispell Fire Department's service area. No unusual
concerns regarding fire safety or fire protection are related to this site or the proposed
subdivision. Access can be gained from either the east or west end of the property,
either Airport Road or First Avenue west.
Topography: The topography of the site is generally, but has a slight grade entering both
ends of the property. This does not appear to pose any significant problems with regard
to development.
Roads: This property is served by both Airport Road and First Avenue west. These
roads are designated as collector streets on the Kalispell City -County Master Flan and
are adequate to accommodate traffic generated from the site and emergency vehicle
access.
B. Effects on Wildlife and wildlife Habitat:
No significant impact to wildlife and wildlife habitat can be anticipated from the
development of this parcel since this is an urbanized area with limited natural areas
remaining.
C . Effects on the Natural Environment:
No potential effects on the natural environment can be anticipated because there are no
environmentally sensitive elements on the site. Revegetation and landscaping of the
disturbed areas after development of the site should adequately control potential erosion
and stormwater runoff.
D . Effects on Local Services:
Sewer: Kalispell public sewer is available to this site by way of an eight inch main along
Airport Road. The sewer has been extended to each building and the applicable hook-up
fees have been paid. Some construction costs incurred by the City- related to the
extension of the sewer appear to be pending and must be paid by the property owner.
Capacity is available in the sewage treatment plan to accommodate this property.
Water: Kalispell public water can serve this site by way of a six inch main from First
Avenue west. water has been extended to serve the individual buildings. Adequate
water service is available to accommodate the additional usage.
Roads: An additional 450 vehicle trips per day may be generated once this project is
fully developed and occupied according to the environmental assessment. First Avenue
West and Airport Road are designated as collector streets on the Kalispell City -County
Master Plan, and it is anticipated that they will be able to handle the volumes of traffic
generated from the commercial development in this area.
Schools: No impact on School District #5 will be generated from the development of
this commercial subdivision.
Parks: No parkland dedicated is required for commercial subdivisions.
Police Protection: The site is served by the Kalispell City Police Department. Minimal
impacts to the department can be anticipated.
Fire Protection: Fire protection can be provided by the Kalispell City Fire Department.
A. fire hydrant has been placed on the property to insure that -fire safety needs are
addressed.
Refuse Disposal: Municipal refuse service is available to serve this property. 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 two miles from the site.
ALERT helicopter and ambulance services are available.
E. Effects on Agljculture and Agricultural water Users Facilities:
No impacts to agriculture can be anticipated as a result of this subdivision since this is
an urban area of the city.
F. Corn fiance with Master Plan:
This subdivision is in compliance with the Commercial designation of the Kalispell City -
County Master Plan and furthers the goals by providing infill of commercial properties.
G. Compliance with Zonin_Regulations:
This subdivision is in compliance with the B-3, General Business zoning for this property
with regard to size, use and setbacks.
H. Compliance with the Subdivision Regulations:
The preliminary plat appears to be in general compliance with the State and City
Subdivision regulations.
4
REC INDATION
Staff recommends that the Kalispell City County planning Board and the Kalispell City Council
adopt staff report KPP-96-2 as findings of fact and approve of the preliminary plat for Syth
Business Park subject to the following conditions:
1. obtain encroachment permits from the City of Kalispell Public works Departrnent for
the accesses onto Airport Road and First Avenue west.
2. water and sewer facilities shall be approved by the City of Kalispell. The existing water
and sewer lines shall be surveyed and an easement shall be shown on the final plat.
. All drainage shall be maintained on -site and that a drainage plan shall be approved by
the Kalispell Public works Department.
4. Address numbers will be visible from the road either at the driveway entrance or on the
building.
5. That all utilities be placed underground.
6. That a landscaping be done in accordance with the requirements outlined in the Kalispell
Zoning ordinance.
7. That a landowners association be created to provide for the year-round maintenance of
all common areas including the roads and parking lots, landscape areas and pedestrian
walkways.
8. That the development comply with all of the provisions of the Unit Ownership Act,
Sections 70- 23---102 through 70- 23--702, M.C.A.
9. That the Kalispell Fire Department provide written approval of the fire suppression
system for Syth Business Park.
10. That preliminary plat approval shall expire in three (3) years from the date of approval.
H : \ ... \PP96-2 . RPT
5
ASSOCIATED PLANNING CONSULTANTS
BRIAN J. WOOD
2220 DILLON ROAD
COLUMBIA FALLS, MT 59912
406-862-2580 FAX 862-2523
July 16, 1996
Ms. Narda Wilson
Flathead Regional Development Office
723 5th Avenue East
Kalispell, MT 59901
RE: Syth Business Park Commercial Condominiums
Dear Narda:
Enclosed are preliminary plat application materials that i am submitting on behalf of Noreen Syth.
It is Mrs. Syth's desire to convert the Syth Business Park from a commercial lease facility to
commercial condominiums.
The City of Kalispell has granted the project Site Review approval, and has issued building
permits for all seven (7) buildings on the subject property. Sewer and water connection fees for all
of the buildings were paid with the building permits. At this time, one of the buildings is occupied,
two are, construction -wise, near completion, two are not beyond the foundation phase of
construction, and work has yet to begin on the final two.
The original intent of the project, which was started by the late Jerry Syth, was to provide leasable
commercial space. Mr. Syth intended to retain ownership of the project and to hire a manager to
oversee operation of the facility and coordinate maintenance of the buildings and grounds. Mr.
Syth's unfortunate and untimely death resulted in his widow inheriting the burden of an
uncompleted project of which she knew very little. She has decided that converting the structures
to condominiums and offering them for sale would be the most expedient way of liquidating the
property.
Unit ownership papers are being drawn by Mrs. Syth's attorney at this time. State law is very
specific as to the contents of the bylaws which govern administration of a condominium project
such as this. Further, state law prohibits the sale of any of the uruits prior to the recordation of the
ownership papers. Specifically, the bylaws will provide for:
1. the election from among the unit owners of a board of directors, the number of persons
constituting the board, and that the terms of at least one-third of the directors shall expire
annually; the powers and duties of the board; the compensation, if any, of the directors; the
method of removal from office of the directors; and whether or not the board can engage the
se�*ces of a manager or managing agent;
2. the method of calling meetings of the unit owners and the percentage if other than a
majority as defined by 70-23 -102(1 o)MCA, that shall constitute a quorum;
3. the election of a chairman, a secretary, and a treasurer;
4. the maintenance, upkeep, and repair of the common elements and payment for the
expense thereof including the method of approving payment vouchers:
5. the employment of personnel necessary for the maintenance, upkeep and repair of the
common elements;
6. the manner of collecting from the unit owners their share of the common elements;
7. the method of adopting and of amending administrative rules govemm�g the details of
the operation and use of the common elements;
8. such restrictions on and requirements respecting the use and maintenance of the units
and the use of the coon elements, not included in the declaration, as are designed to prevent
unreasonable interference with the use of their respective units and of the common elements by
the several unit owners;
9. the method of amending the bylaws.
In short, the bylaws will comply with all provisions of 70- 2. 3-1 Q I , MCA, the state's "Unit
Ownership Act," and will insure that all common areas are rnaintained.
A total of fourteen (14) units wiff be created within the seven existing and proposed buildings. A
q-pical floor plan is shown on the face of the plat. The site is served by all city services and
utilities,, and, as is mentioned above, has received all required city approvals.
If you have any questions regarding the application, feel free to call. i can be reached at 862-
580. Please send aU correspondence regarding the application to me at the above address. Thank
YOU.
Sincerely,
i - . k )1%
Brian I wood
attachments
c: Ron Adlington
Noreen Syth
ENVIRONMENTAL ASSESSMENT
SYTH BUSINESS PARK
COMMERCIAL CONDOMINIUMS
I. There are no geologic hazards on -site. The subject property is a relatively flat, commercially --
zoned parcel of property i.n a developed urban location.
H. There are no natural or artificial water systems on this urban, commercial site. According to
the city floodplaln administrator, the site is not in a 1 oo-year fioodplain.
EEL The entire site, having been under construction for more than 18 months, was completely
cleared of vegetation that consisted primarily of weeds and grasses. As is indicated on the plat,
landscaping will be introduced. At the time of this application, installation of the required
landscaping is underway.
Iv. This urban lot does not support any wildlife, nor does it have a history of doing so.
V. There is no history of agricultural use of this lot.
vI. There is no evidence of historic or cultural significance associated with this commercial urban
property.
VIL The existing City of Kalispell Sewage Treatment Plant will treat sewage generated by this
development; all. connection fees have been paid for the project.
vin. The development will connect to the City of Kalispell water utility. All connection fees have
been paid.
Imo. The City of Kalispell will provide solid waste collection. The Site Review Committee
approved individual trash receptacles for each um't, with the owner responsible for placing the
container in the drive area for pick-up. Containers will otherwise be stored indoors.
X The drainage plan has been approved by the city's public works department as a part of the site
review and building permit processes.
M. The fourteen, 1000-square-foot units will be primarily occupied by service providers. Traffic
generation on adjacent streets is not � pected to exceed 450 average daily trips. The existing
infrastructure can handle the additional traffic- Airport Road and First avenue west are both
designated collector streets and intended to handle significant traffic volumes.
There are no public rights -of -way being created or developed as a result of this process, nor are
there private roads proposed. An on -,site parking and circulation system, already approved by the
city, is under construction.
)(H. The site is served by the City of Kalispell Fire Department, Police Department, and
Ambulance Service. Per the approved -site plan, one new fire hydrant has been instafled on -site.
The proposed development wiH not burden the existing service providers beyond their capacities.
-NM. The school distract wiU realize a net benefit from the development, as it is a commercial land
use which generates revenue in the form of takes for the district, but will not increase enrollment.
v. The subject property has been occupied by a small commercial structure for the last several
years. A fill 90% of the site has historically been vacant. The site is zoned B2 Commercial in the
City of Kalispell and is in conformance with the city --county master plan. The site is surrounded on
the north, south and east by commercial land uses. Nonconformm* g residential uses are located
west of the site. Access to the subject property will in no way affect adjacent lands.
Wbile there are a number of commercial buildings available to rent or lease, few, if any,
commercial condonuniums exist in Kalispell. There is virtually no commercial space available in
south Kalispell.
XVI. NA
XVIL All utilities are 'm place. PTI Communications provides telephone service. Montana Power
provides natural gas and electricity.
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SY-r*-'H BUSINESS PARK Flathead
KPP-96-2 X41410
SiJRDIV PRE PLAT APPROVAT, -..................
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BY: SANDS SURVEYING INC.
1995 9RD AVV a EAST
KALISPELLMONTANA 59M
PM:(406) 755-64,51
JOB# 148201
FOR: JERKY M SYTH t NOREEN K SYTH
DATE 24 JUNE 1996
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PRELIMINARY PLAT OF
SY %H SUSINESS FAFK
1N THE SE114SE114 SEC. 18, 728N., R.21W., PM.,iV,
FLATHEAD COUNTY, MONTANA
TOTAL AREA: 52,591 sq.ft. Z207 cc.
UNITS (14) 14, 000 sq. ff. 0. 32 / oc
Common Area 38.�91 sq.`t. 0626 cc.
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