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6. Resolution 4293 - Syth Business Park Preliminary Platsit oiai:s I W , . FA"010 Iftm VMW'11111iiiiilll 11 � � �, I � ii � , , � � I �i � � � � I � � ! I I L BACKGROUND/CONSIDERATION: Enclosures Exhibit F (P & Z Commission) and Exhibit G (Planning Staff) are reports concerning the Preliminary Plat for Syth Business Park. The preliminary plat request for a 14 unit commercial condominium subdivision has been discussed extensively by both of the review agents. The exhibits outline the proposed improvements. RECOMMENDATION: The Planning Staff and the P & Z Commission have recommended the approval of the proposed preliminary plat with 12 amended conditions. I concur with the recommendation, including the conditions. I recommend approval of the plat as presented by the P & Z Commission. ACTION REQUIRED: Approval of RESOLUTION 4293 is required for their improvements to proceed. RESOLUTION NO. 4293 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SYTH BUSINESS PARK, FLATHEAD COUNTY, MONTANA. WHEREAS, Associated Planning Consultants on behalf of Noreen Syth, the owner of certain real property known as the Syth Business Park and more particularly described as a tract of land located in the Southeast Quarter of the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana has petitioned for approval of the subdivision plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.7 (Summary Subdivision Review), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on August 13, 1996, on the proposal and reviewed Subdivision Report #KPP-96-02 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of the Syth Business Park, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of September 9, 1996, reviewed the FRDO Report #KPP-96-02, reviewed the recommendations of the Kalispell City -County Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest, and WHEREAS, the City Council has based its findings upon the following findings of fact: A. EFFECTS ON HEALTH AND SAFETY: 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 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 Plan 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 plant 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 placed on addressed. City Fire Department. A fire hydrant has been the property to insure that fire safety needs are 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 AGRICULTURE 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of Associated Planning Consultants on behalf of Noreen Syth for approval of the preliminary plat of the Syth Business Park, more particularly described as a tract of land located in the Southeast 1/4 of the Southeast 1/4 of Section 18, T28N, R21W, P.M.M., Flathead County, Montana is hereby approved 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. 3 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 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. SECTION II. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION III. That this preliminary plat should be effective for three (3) years following passage of this Resolution. An extension may be granted for an additional year. 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 BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1996. ATTEST: Debbie Gifford, CMC Clerk of Council 0 Douglas D. Rauthe, Mayor Flathead Regional Development Office 723 Sth Avenue Bast - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 August 20, 1996 Fax: (406) 758-5781 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Preliminary Plat for Syth Business Park Dear Clarence: 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 preliminary 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 lst 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 condominium 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 Gables 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 • City of Columbia Falls • 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 recommend 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 BOARD AND ZONING COMMISSION Pamela J. B. Kenned Y Vice President TFH/NW/dh Attachments: Attachment A 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. East, Kalispell, MT 59901 H: \... \ 1996\KPP96-02. 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. 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 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: \... \KPP\95\KPP96-02. RPT 1 FLATHEAD REGIONAL DEVELOPMENT BUSINESSSYTH 1996SUBDIVISION REPORT #KPP-96-2 AUGUST 5, 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. A. Subdivider: Noreen Syth P.O. Box 121 Fortine, MT 59918 (406) 882-4474 Representative: Brian J. Wood T Associated Planning Consultants 2220 Dillon Road Columbia Falls, MT 59912 (406) 862-2580 Technical Assistance: Sands Surveying, Inc. 1995 3rd Ave East Kalispell MT 59901 (406)755-6481 B. Location: 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 in Section 18, Township 28 North, Range 21 West, 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. D. Size: 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. Existing Land 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'o� ining Land Use and Zoning 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 commercial. This subdivision is in compliance with the Master Plan designation in the area and meets goals of the master plan relating to providing commercial infill. I. Utilities: 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 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: 2 A. Effects on Health and Safety: 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 Plan 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 3 Master Plan, and it is anticipated that they will be able to Dandle 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 Agriculture 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. Compliance 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 infiil of commercial properties. G. Compliance with Zoning, 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 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 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 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 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. 5 w g % •r9. a 0 1ST AVENUE WEST �.r. AVr2276'W /7368, AIRPORT ROAD sill ti C y O O n n n S9 a m s a 1 s,0cid Y�c g n i*Coaa® qtv P