07. Northwest Healthcare/Buffalo Commons Mixed PUD Development Agreement; Hosphotel in R-A and H-1 ZoneDEVELOWENT AGREEMENT
THIS AGREEMENT, made as pf the _ day of IF
1995, by Northwest Health Car-,,e Corporation, a a Montana
corporation, of 310 SunnyvieW,!,Drive, Kalispell, MT 59901,
hereinafter NORTHWEST and the,- 'CitV of Kalispell, a municipal
corporation, of 312 1st Avena-ke East, Kalispell, Montana 59901,
hereinafter CITY;
WI TN,4.%ES S E T H :
WHEREAS, NORTHWEST is the fe*,'e Owner Of cr,--rt-ain real property
located in Kalispel!'11-11, Flathead
County, ,nntana, which
is further describgad in
ExY-,it A 'hereto and is
hereinafter referre-44 tO
rCt
as �"Proper ty"; and
WHEREAS, (I)NORTHWEST desirOW""
t Property
rezoned from RA-1Yx.
Mixed Use RA-1
PUD, mapped with c�11"
approaches, and paw -,'�"-
to said
zoning change; (ii)
PUD
Application contai
,application,
(b) a Zone Text Amtaw,-
a PUD Narrative
Supplement with ExIt4
rr legal
Description, (e) a, T,2`
Of five (5)
CCNR's cover f ive
Subject Property,,tanc
and
WHEREAS,
I. GENERAT
5 1.01 General
The use and developmeftt:of
substantially conform to
the PUD Application, Febri
annexed to this Develot*r.
S 1.02 Relationship t(x &Mitir
Except as specifically',mot
Development Agreementand
Application, February
regulations of the City'o
development of land andbi
Kalispell Zoning Ordifiancg
Property.
KRH4/27
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thss
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ise an��,.-
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S 1.04 Drawings
The drawings annexed and the PUD Application, dated February
6, 1995 to this Development Agreement are an integral and
essential component thereof, and they are incorporated by
reference herein.
5 1.05 Effectiveness and Cancellation
The provisions of this Development Agreement shall become
effective simultaneously with the approval of the PUD
Ordinance by the City Council of the City of Kalispell and
shall terminate upon the issuance of a building permit(s)
for development of the last "pod" on the Subject Property.
This Development Agreement may be modified or amended only
Article VI hereof.
S 1.06 Certification Procedure
Whenever in this Development Agreement a certificate by the
Director of Public Works is required to be given, such
certificate shall be given within thirty (30) days of the
receipt of a completed application therefor. Such an
application shall be deemed to be complete upon receipt of
such drawings and narrative information as are reasonably
necessary for the issuance of such certification.
II. PARCEL DESCRIPTION
5 2.01
The Subject Property, described in Exhibit "A", shall be
developed with the infrastructure improvements described in
§§ 3.01 and 3.02.
The Subject Property shall be surveyed and divided,
immediately, into five (5) parcels,(Pod's) pursuant to S 76-
3-207 (1)(a), MCA, as indicated on the Large Map Exhibits
accompanying the PUD Application, provided however that no
building permit shall be issued on any of the five (5)
parcels unless and until all improvements specified in this
Agreement as well as those infrastructure improvements which
may be required by the City of Kalispell's Standards for
Design and Construction are either constructed or security
provided guaranteeing construction of said improvements for
that particular "Pod" upon which a building permit is
requested.
KRH4/27 2
III. SITE CONDITIONS
5 3.01 Access
I) All accesses to the Subject Property shall be
engineered and constructed in accordance with City of
Kalispell's, Standards for Design and Construction.
A) The only access to the Subject Parcel from U.S.
Highway # 93 shall be located directly across from
Northridge Drive.
B) Heritage Way shall be abandoned. at the direction
of the City. between its intersection with U.S.
Highway #93 and the Westerly boundary of Heritage
Place, lst Addition, Kalispell, Flathead County,
Montana at the time the access described in (A),
above, is constructed.
C) Access to the Subject Parcel by way of extension
of Windward Way shall commence at Windward Ways
intersection with Heritage Way and shall be
constructed as a condition to issuance of a
building permit for any of following "Pod": the
Northerly Profession/Medical Facilities "Pod", the
Multi -Family "Pod", or the Single Family "Pod", as
designated in the PUD Application.
D) Access to the Subject Parcel by way of a street
off of Grandview Drive shall commence at the
Northerly terminus of the present S-curve on
Grandview Drive and shall be constructed in
conjunction with construction on the Multi -Family
"Pod", or the Single Family "Pod", as designated in
the PUD Application.
E) If access to the Southerly, Professional/Medical
Facilities "Pod" of the Subject Property is to be
by way of Sunnyview Lane. prior to issuance of any
building permits for construction on the
Southerly, Professional/Medical Facilities "Pod"
Sunnyview Lane shall be subject to a traffic
analysis based upon the traffic impacts
anticipated as a result of development.
II) All streets constructed to provide access to the
various "Pods" shall be dedicated to the City after the
acceptance of said streets by the Director of Public
Works.
KRH4/27 3
§ 3.02 Sewer and Water
I) All sewer and water utilities servicing the various
"Pods" shall be engineered and constructed in
accordance with the City of Kalispell's, Standards for
Design and Construction.
II) All sewer mains and lift stations and water mains
constructed in the development of any of the "Pods"
shall, upon completion developer and acceptance by the
Director of Public Works, become the property of the
City and the City shall thereafter provide for the
maintenance and operation of the systems therein
constructed and accepted.
III) Easements, and as-builts, necessary for the
maintenance, operation and replacement of the sewer
mains and lift stations and water mains prior to
acceptance by the City.
IV) Sewer and Water Utilities, and Road applicable to the
respective "Pods" shall be installed as follows:
A) Single Family "Pod"
I) Water mains shall be installed, with services
to the property line, in all roads within the
"Pod, as shown in the PUD Application, dated
March 6, 1995. Minimum extension limits
shall be the "Pod" boundaries on the North,
South, East and West sides. Mains shall be
connected to the existing water system at the
intersection of Heritage Way and Windward
Way, and at Indian Trail, and shall be
installed as a loop through the Single Family
"Pod".
ii) Sewer mains for this or any other free
standing "Pod" shall begin at the existing
sewer main in Grandview Drive at the
Northeast end of the Subject Property. The
sewer mains shall be extended to a point
adjacent to any lot to be served, and
services installed to the property line.
Mains installed as part of this "Pod" shall
be extended to the boundaries with the Multi -
Family "Pod", the Northerly
Professional/Medical Facilities "Pod" and the
Southerly Professional/Medical Facilities
"Pod", as shown on the PUD Application, dated
February, 6,1995.
KRH4/27 4
iii) Roadways for this "Pod" must connect Windward
Way with Grandview Drive with a parallel loop
through the "Pod" as shown on the PUD
Application, dated February 6, 1995.
B) Multi -Family "Pod"
I) Water mains shall be installed, with services
to the property line, in all roads within the
"Pod", as shown on the PUD Application, dated
February 6, 1995. A main connecting to the
existing mains at the intersection of
Heritage Way and Windward Way, and Indian
Trail shall be installed with stub outs to
accommodate future extensions in the Single
Family "Pod", if the water utilities are not
then in place.
ii) Sewer mains shall for this "Pod" shall be
extended beginning at the existing sewer main
in Grandview Drive at the Northeast corner of
the Subject Property. Manholes and stub outs
shall be provided to accommodate future
extensions in the Single Family "Pod", if the
sewer is not then in place. Sewer mains
installed must have services extended to each
lot to be served.
iii) A roadway connecting Grandview Drive and U.S.
Highway #93 at Northridge Drive and fronting
the "Pod" shall be constructed as part of the
"Pod", or a temporary cul-de-sac at the
boundary of this "Pod" with the boundary of
the Retail/Commercial Office "Pod". Water and
Sewer improvements associated with the
roadway extension beyond the boundaries of
this "Pod" shall be completed with the
development of the "Pod", if the extended
roadway is paved rather than bonded.
C) Retail Commercial/Office "Pod"
I) Water mains, with services to the property
lines, shall be installed in all roads
within the "Pod". A main connecting to the
existing water system at Heritage Way shall
be installed and looped within the "Pod" as
shown on the PUD Application, dated February
6, 1995.
KRH4/27 5
ii) The Sewer main extension, with services to
the property line, for this "Pod" shall
Begin at the existing sewer main located in
Grandview Drive at the Northeast corner of
the Subject Property. Manholes and stub outs
shall be provided to accommodate future
extensions of the Single Family "Pod", the
Multi -Family "Pod" and/or the Northerly
Professional/Medical Facilities "Pod", if the
"Pods" have not been developed.
iii) Roadways, as shown on the PUD Application,
dated February 6, 1995, shall be constructed
throughout the "Pod". Temporary dead end
roads must meet the turn -around requirements
of the Kalispell Fire Department.
D) Northerly Professional/Medical Facilities "Pod"
Development of this "Pod" is dependent on water,
sewer and roadway improvements of the adjacent
"Pods". This "Pod" shall not be developed until all
improvements have been completed for the Single
Family "Pod", the Multi -Family "Pod" and the Retail
Commercial Office "Pod".
E) Southerly Professional/ Medical Facilities "Pod"
I) This "Pod" is independent from other "Pods"
with respect to water supply. Water main
improvements shall be installed throughout
the "Pod", as required by the City's of
Kalispell Standards for Design and
Construction.
ii) Sewer main extension for this "Pod" shall
begin at the existing sewer main in Grandview
Drive at the Northeast corner of the Subject
Property and extended through the Single
Family "Pod".
iii) Roadways in this "Pod" may be independent
from the rest of the Subject Property.
3.03 Storm Sewer, Roadways, Traffic Signal, Signage and
Accessory Uses
KRHIY27 6
I) All storm sewer utilities servicing the various "Pods"
shall be in accordance with the PUD Application, dated
February 6, 1995, p. 17, entitled Storm Drainage, and
engineered and constructed in accordance with the City
of Kalispell's, Standards for Design and Construction.
II) All roadways shall be in accordance with the PUD
Application, dated, February 6, 1995, p. , and
engineered and constructed in accordance with the City
of Kalispell',s Standards for Design and Construction.
III) Upon written verification of need and request by the
MDOT for a traffic signal at the intersection of U.S.
Highway #93 and Northridge Drive, thereafter any "Pod"
that has not received building permit approval shall
required as a condition to the issuance of any building
permit to erect said traffic signal as a condition.
IV) Accessory Uses for all "Pods" are as set forth in City
of Kalispell, Zoning Ordinance.
V) All signage shall be as set forth in the PUD
Application, dated February 6, 1995. The proposed
kiosk sign shall Qualify for the "common signage"
provision of the Kalispell Zoning Ordinance but said
free standing signs shall limited to a maximum height
of 20 feet. All wall signage shall be limited to a
maximum of 36 square feet per individual business
frontage.
IV. DEVELOPMENT STANDARDS AND USE REGULATIONS
S 4.01 Single Family "Pod"
I) Permitted Uses within the Single Family "Pod" shall
conform to the Declarations of Covenants, Conditions
and Restrictions, Buffalo Commons (Single Family)
contained in the PUD Application, dated February 6,
1995.
II) Property Development Standards with the Single Family
"Pod" shall conform to § 27.06.040, City of Kalispell,
Zoning Ordinance.
S 4.02 Multi -Family "Pod"
I) Permitted Uses within the Multi -Family "Pod" shall
conform to the CCNR, Buffalo Commons (Multi -Family)
KRH4/27 7
contained in the PUD Application, dated February 6,
1995, with the exception that a Bed and Breakfast shall
not be permitted.
II) Property Development Standards within the Multi -Family
"Pod" shall conform to S 27.09.040, City of Kalispell,
Zoning Ordinance.
4.03 Retail, Commercial, Office "Pod"
I) Permitted Uses, Property Developments Standards and
Sign Standards within the Retail, Commercial, Office
"Pod" shall conform to the CCNR, Buffalo Commons
(Retail, Commercial, Office), except that Title
Companies?, -Investment Firms?, and Telecommunications
Companies shall not be permitted.
S 4.04 Professional/ Medical Facilities "Pod"
I) Permitted Uses, Property Development Standards within
the Professional/ Medical Facilities "Pod" shall
conform to the CCNR, Buffalo Commons (Professional/
Medical Facilities), contained in the PUD Application,
dated February, 6, 1995, except that Bed and Breakfast
shall not be permitted.
V. AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
S 5.01
I) This Development Agreement may be amended or modified
only, by application of the owner, in accordance with
the procedures set forth herein.
II) Application for amendment or modification may be made,
to the City of Kalispell, Site Review Committee, by any
fee owner or ground lessee of a "pod" in respect to the
Subject Property. For purposes of this Article, "fee
owner" shall not include the owner of an individual
unit located a "pod" owned in whole or in part pursuant
to the Unit Ownership Act -- Condominiums, Title 70,
Chapter 23 Montana Code Annotated (or any successor
statutes), but shall include the Architectural Review
Committee of such "pod".
III) A) Modifications of this Development Agreement which
are determined by the Site Review Committee to be
minor modifications shall require only the consent
KRH4/27 8
of the Site Review Committee, and shall not
require the consent or approval of the City
Council or any other public agency.
B) All amendments and modifications to this
Development Agreement other than minor
modifications shall require the approval of the
City Council of the City of Kalispell.
IV) A) All applications for modification or amendment of
this Development Agreement shall be filed with
Site Review Committee and Site Review Committee
shall promptly determine whether the modification
is minor or major.
B) Site Review Committee shall make its determination
with respect to any application for a minor
modification subject to this Section within
fifteen (15) days after it determines the
application to be subject to said minor
modification.
C) If the amendment or modification requested is of
such a nature as to require approval of the City
Council, the Site Review Committee shall refer the
matter to the City Council within fifteen (15)
days of after it determines the matter requires
Council Review.
D) The owner may appeal any decision of the Site
Review Committee to the City Council, who may
affirm, reverse or modify the Site Review
Committee decision.
VI. CONSTRUCTION PHASING
S 7.01 General Requirements
I. No building permit in respect of the building in any
"Pod" shall be issued by the Building Department until:
A) The Zoning Administrator has certified to the
Building Department that proposed building(s)
substantially conform to § IV, Development
Standards and Use Regulations, and the CCNR's for
the appropriate "Pod".
B) The Director of Public Works has certified to the
Building Department that the infrastructure
improvements and roads required as shown on the
KRH4/27 9
drawings submitted by the developer of the "Pod",
substantially conform to § III, Site Conditions
contained in this Agreement and that said
improvements have been constructed or security
guaranteeing the construction has been received by
the City.
For purposes of this Section, the "Security"
required shall be in an amount equal to 125% of
the developer's Licensed Engineer's estimate of
the cost of constructing said improvements.
VII. SEQUENCING
§ 8.01 GENERAL
I) The "Pod" and their associated portions of the Common
Area are intended to be as stand-alone developments
within the Subject Property. The sequencing of
infrastructure improvements must conform to the
requirements of §§ 3.01 through 3.03 of this Agreement
II) The infrastructure improvements, under §§ 3.01 through
3.03, associated with the individual "Pods" located on
the Subject Parcel shall be substantially completed on
or before July 1, 2007, unless an extension for the
development is granted by the City Council. If said
infrastructure improvements, required within the
respective "Pods" of the Subject Parcel, are not
completed, and no extension received, the Council shall
redesignated the undeveloped portion of the Subject
Property in accordance with the City of Kalispell,
Zoning Ordinance.
IX. HOTEL/MOTEL
§ 9.01 GENERAL
I) A Hotel/Motel shall be allowed as a permitted use
within the Retail/Commercial/Office "Pod", subject to
the provisions of § 4.03, herein, except that such
Hotel/Motel shall be limited in size to fifty (50)
rooms.
X. MISCELLANEOUS
§ 10.01 EFFECTIVE DATE
This Agreement shall be effective on the date the
Ordinance approving Northwest's Planned Unit
Development is adopted and shall remain in full force
KRH4/27 10
and effect until all "Pods" within the Subject Property
are developed or July 1, 2007, which ever occurs first.
§ 10.02 SEVERABILITY
In the event that any provisions of this Declaration
shall be deemed, decreed, adjudged or determined to be
invalid or unlawful by a court of competent
jurisdiction, such provision shall be severable and the
remainder of this Agreement shall continue to be of
full force and effect.
5 10.03 RECORDATION
This Agreement shall be recorded along with the CCNR's
recorded with respect to the "Pods" within the Subject
property.
5 10.04 ENTIRE AGREEMENT - PRIMACY
This Agreement constitutes the entire agreement between
the parties and may only be amended as set forth
herein. In the event, during the term of this
Agreement, there is a variance between the provisions
of this Agreement and the CCNR's, filed with respect to
the individual "Pods", this Agreement shall take
precedence.
§ 10.05 BINDING EFFECT
This Agreement shall be binding upon and inure to the
benefit of the respective parties heirs, successors and
assigns.
Dated this day of May, 1995.
KRH4/27
NORTHWEST HEALTH CARE, INC.
BY:
Its•
CITY OF KALISPELL
BY:
Its:
11
City
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Manager
723 5th Avenue East - Room 414
April 6, 1995 Kalispell, Montana 59901
RE: Kalispell Zoning Ordinance Text Amendment
Hosphotel in RA-1 and H-1 Zones
Dear Bruce:
Phone: (406) 758-5780
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, March 14, 1995, and held a public hearing on the following:
A request by Northwest Healthcare to amend the Kalispell Zoning
Ordinance Text, to allow hotels when in association with hospitals in the
RA-1 and H-1 zones and to define this type of facility.
John Parsons, of FRDO presented staff report #KZTA-95-1, which recommended the
text amendment be denied based on the commercial orientation of the use in not
keeping with the spirit of the neighborhood.
The CEO for Northwest Healthcare testified in favor of the proposed text amendment,
stating the numbers for an 8:2 ratio of commercial to patient use of the hosphotel
was driven by the business plan to ensure that the facility be self supporting.
One person spoke in opposition to a commercial enterprise which would directly
compete with his business. He expressed apprehension about the financial impacts
to his business, and wanted to know who will police the clientele of the hosphotel.
These concerns were discussed, and the Board felt that the intent of the hosphotel
be reflected in the numbers. The motion was made and seconded to approve the
zoning text amendment modifying the ratio to reflect that at least 30% of the beds
be reserved for patients and families, and recommending the requested text
amendment to allow hotels in association with hospitals in the RA-1 and H-1 zones
and to define this type of facility. This motion carried on a vote of 4 in favor, 2
opposed and 1 abstained.
It is recommended that the text of the Kalispell Zoning Ordinance be amended as
follows:
The amendment includes the creation of a new land use and allowing this use
as a permitted use in the RA-1 and H-1 zoning classifications. The new use is
proposed to be called a Hosphotel.
This request has been amended to allow One (1) Hosphotel as part of a
Residential Mixed Use PUD.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Bruce Williams, City Manager
Re: Zoning Text Amendment - Hosphotel in RA-1 and H-1
April 6, 1995
Page 2
The proposed definition for this type of facility is:
"A public lodging facility located in close proximity to major medical care
facilities which includes a minimum number of beds or rooms reserved
at a reduced rate according to 'ability to pay' for patients (and/or)
family members. Said facility shall not exceed a height of 35 feet nor
provide more than 50 total sleeping rooms or 60 total beds. At least +0%
30% of the beds shall be reserved for patients and/or family members."
This recommendation is being forwarded to the City Council for final action. Council
needs to wait for the minutes of the Planning Board meeting prior to taking final
action on this matter. However, this does not preclude Council discussion at its
workshop. If you have any questions regarding this request, please contact the
Commission or John Parsons at FRDO.
Respectfully Submitted,
K ELL CITY;;COUNTY PLANNING BOARD AND ZONING COMMISSION
T e0-�- 64k
rese Fox Hash
President
TFH/JJP/eo
Attachments: FRDO Report #KZTA-95-01
Minutes of 3//14/95 meeting forwarded separately
F:\FRDO\TRANS MIT\KZT A95-1.TR X1
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
TO: KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING
COMMISSION
FROM: JOHN PARSONS, SENIOR PLANNER
RE: ZONING TEXT AMENDMENT - HOSPHOTEL IN RA-1 AND H-1
DATE: March 4, 1995
A public hearing has been scheduled for the March 14, 1995, Kalispell City -County Planning
Board and Zoning Commission meeting to discuss a proposed amendment to the adopted
Kalispell Zoning Ordinance. The amendment includes the creation of a new land use and
allowing this use as a permitted use in the RA-1 and H-1 zoning classifications. The new use
is proposed to be called a Hosphotel.
This request has been amended to allow One (1) Hosphotel as part of a Residential Mixed Use
PUD.
The proposed definition for this type of facility is:
"A public lodging facility located in close proximity to major medical care
facilities which includes a minimum number of beds or rooms reserved at a
reduced rate according to 'ability to pay' for patients (and/or) family members.
Said facility shall not exceed a height of 35 feet nor provide more than 50 total
sleeping rooms or 60 total beds. At least 10% of the beds shall be reserved for
patients and/or family members."
This request has been amended to read "At least 20% of the beds ...".
ANALYSIS:
This type of facility can benefit both the public and a hospital by providing lodging to those
patients and/or family members whose close proximity and support is so valuable a commodity
in the recovery of patients from the trauma of surgery or the like. Northwest Healthcare
provides northwest Montana with a regional healthcare facility. Being regional in nature many
patients and families have to travel for their services. This facility would allow a hotel with
20% of the rooms available to patients and families.
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
As part of the Residential Mixed Use Planned Unit Development additional review as to the
location, height, architecture, parking, etc., and the way in which the ratio of rooms would be
governed could be obtained.
When this concept was first being discussed the City and myself were supportive of this
concept. This was based on the impression left by the applicants representative that the ratio
was to be more like 50/50. However, if that ratio was found to be unrealistic then a reduction
in this ratio may be warranted. The specific exclusion of hotels/motels from the Residential
Mixed Use PUD was in part to eliminate a high impact commercial use needing regional
support in favor of the more neighborhood oriented type of commercial uses. As such, a
Hosphotel with a ratio of eight (8) commercially available rooms to two (2) rooms available
to patients and/or their families is not in keeping with the spirit of the Ordinance.
Therefore, staff cannot support this change as proposed. If the applicant wishes to provide
overnight accommodation for the patients and their families and help offset the cost by opening
a commercial hotel as part of this facility then a ratio closer to 50150 as originally anticipated,
should be proposed.
RECOMMENDATION:
It is therefore recommended that the text amendment as proposed be recommended for denial
to the City Council.
\Reports ... 1KZTA95- l .NWH