06. Resolution 4335 - Buffalo Commons Phase I Preliminary PlatAgenda -June 16, 1997
AGENDA ITEM 6 - RESOLUTION 4335-BUFFALO COMMONS PRASE I -PRELIMINARY
BACKGROUND/CONSIDERATION: The report from FRDO is enclosed* for the
approval of the Preliminary Plat of the Buffalo Commons Phase I
Subdivision. This request was recommended for approval, subject to
ten conditions, by an unanimous vote of the City/County Planning
RECOMMENDATION: Upon review of the findings of fact, the proposal,
and the minutes of the meeting, I can find no reason not to
recommend this platting. I recommend approval of the Preliminary
Plat with the ten conditions set forth in the planning documents.
ACTION REQUIRED: Approval of the Preliminary Plat can be completed
by passage of RESOLUTION 4335.
*Planning Board minutes are included.
RESOLUTION NO.1335—
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF BUFFALO COMMONS
PHASE I, FLATHEAD COUNTY, MONTANA.
WHEREAS, Northwest Healthcare Corporation, the owner of
certain real property known as Buffalo Commons Phase I located east
of Highway 93 North approximately 1,200 feet and Northeast of
Heritage Way and Windward Way and more particularly described as
all of Assessor's Tract 5AE and a portion of Assessor's Tracts 5ABM
and 7ETG located in Section 6, 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 Kalispell City -County Planning Board and Zoning
Commission held a public hearing on May 13, 1997, on the proposal
and reviewed Subdivision Report #KPP-97-1 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
Buffalo Commons Phase I, subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its
regular Council Meeting of June 16, 1997, reviewed the FRDO Report
#KPP-97-1, 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: Fire access to the area will be by way of a paved
road system which has been reviewed, approved and built to
City of Kalispell Design standards. Access can be gained from
the South by way of the extension of Windward Way and from the
North by the Extension of Northridge Drive, which will connect
to Grandview Drive. Risk of fire to the site is minimal.
j\wp\res\Buffalo -1-
Flooding___and-Topography: This area is at minimal risk of
flooding because there is no surface water in close proximity
to the site which might inundate the area. The topography of
the site is characterized by gently rolling hills with slopes
in the area of about five to eight percent. No apparent risks
to health and safety are present which might be associated
with the topography of the site.
RjQada: Primary access to the site will be gained through
the extension of Windward Way to the North. Northridge Drive
will be extended to the East to connect with Grandview Drive.
There will be an internal loop road known as Windward Loop
which connects to Windward Way and Northridge Drive. Access
to the site will be good from both the North and South once
the subdivision has been developed. There are no significant
grades associated with the new roads or other factors which
might compromise the health and safety of the public.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The site is not mapped within any big game winter range and
does not provide significant habitat to wildlife. This
property is within an area of Kalispell that can be considered
to be on the urban fringes. No significant impacts to
wildlife or wildlife habitat can be anticipated as a result of
this subdivision.
C. EFFECTS ON THE NATURAL ENVIRONMENT:
There is no surface water in the area which might be affected
by this development. There is no obvious high groundwater in
the area which might be affected which might be impacted by
this development. The terrain can be described as gently
rolling hills. There are two areas within the subdivision at
the Northeast end and the Southeast end of the property which
will serve as drainage easements, common area and parkland.
Some erosion might occur during development, erosion should
not be significant, particularly if revegetation of the
disturbed areas is done with a reasonable time after
development. This revegetation is anticipated.
D. EFFECTS ON LOCAL SERVICES:
Sewer and Water: City of Kalispell water and sewer and
j\wp\res\Buffalo - 2 -
proposed to be extended to this subdivision to serve these
lots. There is sufficient capacity within the Kalispell sewer
treatment plant and within the water system to accommodate
this development. The impacts to these services were assessed
and anticipated with the review and approval of the planned
unit development in 1995.
Roads: An entire road system is part of the Buffalo Commons
PUD. A brief outline of that system may be in order as it
relates to this subdivision. A copy of the plan for the PUD
has been included in the packet. There will be an internal
loop road system within the development which is anticipated
to be constructed prior to the platting of other lots within
the development.
An extension of Northridge Drive is planned as a main entrance
to the development. The developers have been working with the
Montana Department of Transportation regarding the placement
and timing of a traffic signal at that intersection. A signal
is required. Northridge Drive will turn to the North and
extend across the Northern portion of this subdivision. This
roadway will be extended to connect with Grandview Drive to
the East. Access to the lots within the subdivision will not
be taken from this road section, but rather will be gained
from Windward Way and Windward Loop.
Heritage Way also provides access to the development off of
Highway 93 North. The development agreement with the City
provides an option for closing Heritage way or leaving it in
place. This subdivision does not deal with that issue.
Windward Way will be extended to the North and will serve as
an internal subdivision road. Windward Loop will also serve
as an internal subdivision road. Access to the lots within
the subdivision will be taken from these new roads.
It can be anticipated that approximately 310 vehicle trips per
day may be generated from this subdivision onto roadways in
the area once the subdivision has been full developed. With
the road upgrades and required road extensions, the roads in
the area will be adequate to accommodate the additional
traffic generated from this subdivision. The new
infrastructure will generally address the impacts the new
development would create.
j\wp\res\Buffalo - 3 -
Schools: This subdivision is within the boundaries of School
District #5. Children from this subdivision would attend
Edgerton School, Linderman School and Flathead High School.
It can be anticipated that this subdivision may generate
approximately 16 school age children once the subdivision is
fully developed. School District #5 will be able to
accommodate the additional students which might be generated
from this subdivision.
Parke: This subdivision is subject to the parkland
dedication requirements as outlined in the Kalispell
Subdivision Regulations and as required under State Statute.
The parkland dedication requirement is 11 percent of the area
devoted to lots or 11 percent of 8.2 acres in lots or 39,390
square feet (.90 acre) of parkland. The developer has
proposed that the common area within the subdivision located
at the Northeast corner and the Southwest corner of the
subdivision be used to fulfill the parkland dedication
requirement. The Kalispell Subdivision Regulations provide
for the use of common area within a planned unit development
to fulfill the parkland dedication requirements.
There is also a provision for boulevard landscaping in the
development agreement with the City of Kalispell. The
agreement calls for trees to be planted 40 to 50 feet on
center which are at least 1% to 1% inches in diameter and at
least eight to ten feet in height when planted. The City of
Kalispell has agreed to a five year plan which would involve
contributing 20 trees per year for the boulevard tree
plantings. The plants will be of two inch caliber.
Price Protection: This development will be served by the
Kalispell Police Department. According to the Police
Department, they will be able to adequately serve this area.
Fire Protection: This development will be served by the
Kalispell Fire Department. The location and placement of fire
hydrants will be according to the specifications of the City
of Kalispell. Fire flows in the area will be adequate to
accommodate the hydrant network within the development and
subdivision.
Refuse Disposal: This subdivision will be served by the
City of Kalispell for solid waste disposal. Adequate space at
jlwplres\Buffalo -4 -
the County landfill is available for the solid waste which be
generated by the subdivision.
Medic-a]`Berviees: Kalispell Regional Hospital is
approximately one mile from the site. Kalispell ambulance
serves this area and access is good.
E. EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USERS
FACILITIES:
The soils in this area have limited agricultural value. This
property has been idle grasslands. This subdivision will have
an insignificant impact on agriculture in the Valley and is
more valuable for residential development because of its close
proximity to Kalispell and associated services and the lack of
obvious development constraints.
F. COMPLIANCE WITH MASTER PLAN:
The Kalispell City -County Master Plan Map designates this area
as Medical/Professional. Buffalo Commons PUD has been
approved with the overall goals and objectives of the master
plan and has been found to further those goals. Phase I of
the Buffalo Commons PUD under review is found to be in
substantial compliance with the master plan.
G. COMPLIANCE WITH ZONING REGULATIONS:
The zoning for this property is a planned unit development,
Buffalo Commons. Lots within the single family phase have
been designated to be a minimum of 7,000 square feet with a
minimum lot width of 60 feet. Setbacks are 20 feet in the
front and rear and 5 feet on the sides with a 20 foot side
corner setback. All of the lots within the subdivision meet
or exceed the minimum lot specifications of the approved plan.
H. COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
The Preliminary Plat appears to be in substantial compliance
with the State and City Subdivision Regulations.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
jtwp\res\Buffalo - 5 -
SE_CTION__-I. That the application of Northwest Healthcare
Corporation for approval of the Preliminary Plat of Buffalo
Commons Phase I, more particularly described as all of
Assessor's Tract 5AE and a portion of Assessor's Tracts 5ABM
and 7ETG located in Section 6, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana is hereby approved
subject to the following conditions:
1. That the development of the site will be in substantial
conformance with the approved preliminary plat which
shall govern the general location of the lots and
roadways.
2. That the roadways within the subdivision shall be
constructed in accordance with the adopted 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.
3. That approach permits for the required road construction
at Windward Way and Grandview Drive be obtained from the
Kalispell Public Works Department.
4. The developer shall install a central mailbox location
approved by the U.S. Postal Service and shall be
indicated on the final plat.
5. That sidewalks shall be constructed on both sides of the
street and there be a minimum five foot boulevard space
between the sidewalk and roadway that is planted with
street trees as specified in the development agreement
with the City of Kalispell.
6. .That the common area within the subdivision be accepted
as fulfilling the parkland dedication requirement and
that the area be landscaped according to the
specifications outlined in the development agreement with
the City of Kalispell. All utilities shall be installed
underground.
7. A storm water drainage plan which incorporates the
j\wp\res\Buffalo -6-
drainage easements indicated on the Preliminary Plat
shall be reviewed and approved by the City of Kalispell.
8. 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.
9. 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.
S-KCTION_1I. The classification of said premises under the
Kalispell Zoning Ordinance shall not be
changed by the action.
SECTION II.I. 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 AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF , 1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j\wp\res\Buffalo - 7 -
Flathead Regional Development Office
M 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
May 21, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Preliminary Plat for Buffalo Commons Phase I
Dear Clarence:
The Kalispell City -County Planning Board held a public hearing at their regular meeting
of May 13, 1997 to consider a request by Northwest Health Care for preliminary plat
approval of Buffalo Commons Phase I, a 31 lot single family residential subdivision. The
property contains approximately 14.40 acres and is part of the planned unit
development Buffalo Commons. The property is located on the east side of Highway 93
North on the north side of Heritage Way.
Narda Wilson with the Flathead Regional Development Office presented a staff report
and recommended approval of the plat subject to ten (10) conditions. She noted that
this project was the first phase of the five phases in Buffalo Commons, and that most of
the development issues were outlined in the development agreement that was executed
between the City and Northwest Health Care on June 5, 1995.
David Greer, representing the applicants, reviewed the history of the development and
stated they agreed with the conditions. Tom Lox, CEO of Northwest Health Care, spoke
in favor of the development. One other person spoke in favor of the project. Two
adjacent property owners spoke in opposition primarily because of the small lots next to
their larger lots.
Board members were familiar with this project and noted the merits of the PUD. They
also noted that this project has been in the planning stages for many years. A motion
to adopt FRDO Report #KPP-97-1 as findings of fact and to recommend that the City
Council approve the proposed preliminary plat subject to the ten conditions was passed
unanimously on a 7 to 0 vote. Attached Exhibit A lists the ten conditions.
This information is being forwarded to you to be scheduled for the City Council work
session and subsequent regular City Council meeting. Please contact this Board or
Narda Wilson at the Flathead Regional Development Office if you have any questions.
Sincerely,
spell City -County Planning Board
Pamela J. B. KY4
Vice President
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Buffalo Commons Phase I
May 21, 1997
Page 2
PJBK/NW/eo
Attachments: FRDO Report #KPP-97-1 w/ application materials
Draft Minutes 5/ 13/97 Planning Board meeting
Attachment A - Conditions of Approval
c: w/Att: Debbie Gifford, Kalispell City Clerk
c: w/o Att: Northwest Healthcare, 325 Claremont, Kalispell, MT 59901
David Greer, MT Ping Consultants, Box 7607, Kalispell, MT 59901
H: \... \TRANSMIT\ 1997 \KPP971
BUFFALOEXHIBIT A
COMMONS
CONDITIONS OF '''! RECOMMENDED
BY THE KALISPELL CITY -COUNTY
MAY 13, 1997
That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots,
easements and roadways.
2. That the roadways within the subdivision shall be constructed in accordance
with the adopted 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 specification at the
time of final plat approval.
3. That approach permits for the required road construction at Windward Way and
Grandview Drive be obtained from the Kalispell Public Works Department.
4. The developer shall install a central mailbox location approved by the U.S. Postal
Service and shall be indicated on the final plat.
5. That sidewalks shall be constructed on both sides of the street and there be a
minimum five foot boulevard space between the sidewalk and roadway that is
planted with street trees as specified in the development agreement with the City
of Kalispell.
6. That the common area within the subdivision be accepted as fulfilling the
parkland dedication requirement and that the area be landscaped according to
the specifications outlined in the development agreement with the City of
Kalispell. All utilities shall be installed underground.
7. A storm water drainage plan which incorporates the drainage easements
indicated on the preliminary plat shall be reviewed and approved by the City of
Kalispell.
8. 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.
9. 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.
10. That preliminary approval shall be valid for a period of three years from the date
of approval.
H:\TRANSMIT\KPP971A
BUFFALO COMMONS
SUBDIVISIONFLATHEAD REGIONAL DEVELOPMENT OFFICE
# #HPP-97-1
M 1997
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for preliminary plat approval of a 31 lot residential subdivision on
approximately 14 acres which is part of the Buffalo Commons Planned Unit Development
A public hearing on this matter has been scheduled before the Kalispell Planning Board for
May 13, 1997 beginning at 7:00 PM in the Kalispell City Council Chambers. A
recommendation from the Planning Board will be forwarded to the Kalispell City Council
for final action.
A. Owner/Applicant:
Northwest Healthcare Corp.
325 Claremont Street
Kalispell, MT 59901
(406) 752-8482
Technical Assistance: David Greer
Montana Planning Consultants
P.O. Box 7607
Kalispell, MT 59904
(406)756-1236
B. Location:
This property is located east of Highway 93 North approximately 1,200 feet and
northeast of Heritage Way and Windward Way. The property can be described as all
of Assessor's Tract 5AE and a portion of Assessor's Tracts 5ABM and 7ETG located
in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Size: Total area:
14.39 acres
Area in Lots:
8.20 acres
Area in Roads:
3.99 acres
Common Area:
2.20 acres
D. Nature of the Request:
The applicants are requesting preliminary plat approval of a 31 lot single-family
residential subdivision on approximately 14.39 acres which is part of an overall
mixed use planned unit development known as Buffalo Commons. Approval of the
project was subject to a specific phasing program, lot layout, access and street
locations, landscaping and the types of uses which would be allowed to occur with
the development. This project was approved by way of a development agreement"
by the Kalispell City Council with Ordinance 1226 on June 5, 1995. This
development agreement 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.
During the first phase, it is the developers' intent to install the required
infrastructure to the site which would include the water and sewer services,
roadways and utilities. The plans and specifications for these improvements have
been prepared by the engineering firm Peccia and Associates, and are currently
under review by the Kalispell Public Works Department.
E. Mdsting Land Use:
This property is currently undeveloped.
F. Adjacent Land Uses:
Several of the properties surrounding this site are intended to be developed as part
of the Buffalo Commons PUD. Adjacent land uses are a mix of medical professional
and residential.
North:
Intended for multifamily development as part of the PUD
South:
Intended for professional / medical offices as part of the PUD
East:
Single-family and multifamily residential, RA-1 zoning
West:
Intended for professional / medical offices as part of the PUD
G. Zoning: This property is zoned as part of the Buffalo Commons PUD which is
adopted as zoning for the property and subject to specific and sequential
development standards. The Buffalo Commons PUD is a mixed use development
which includes single family residential, multifamily residential, professional /
medical facilities and retail commercial / office `pods" within the development.
H. Relation to Master Plan Map: This property lies within the Kalispell City -County
Planning jurisdiction. The master plan map designates this area as Medical /
Professional. As part of the planned unit development for this site which combines
integrated and complementary uses, this subdivision can be found to be in
compliance with the master plan land use designation and the goals and objectives
of the master plan text.
I. Utilities:
Water: City of Kalispell
Sewer: City of Kalispell
Electricity: Pacific Power and Light (underground)
Telephone: PTI Communications (underground)
Solid Waste: City of Kalispell
Fire: City of Kalispell
Schools: School District #5, Kalispell
Police. City of Kalispell
This application is reviewed as a major subdivision in accordance with State statutory
review criteria and the Kalispell County Subdivision Regulations.
A. Effects on Health and Safety:
Fire: Fire access to the area will be by way of a paved road system which has been
reviewed, approved and built to City of Kalispell design standards. Access can be
gained from the south by way of the extension of Windward Way and from the north
by the extension of Northridge Drive, which will connect to Grandview Drive. Risk
of fire to the site is minimal.
Flooding and topography: This area is at a minimal risk of flooding because there is
no surface water in close proximity to the site which might inundate the area. The
topography of the site is characterized by gently rolling hills with slopes in the area
of about five to eight percent. No apparent risks to health and safety are present
which might be associated with the topography of the site.
Roads: Primary access to the site will be gained through the extension of Windward
Way to the north. Northridge Drive will be extended to the east to connect with
Grandview Drive. There will be an internal loop road known as Windward Loop
which connect to Windward Way and Northridge Drive. Access to the site will be
good from both the north and south once the subdivision has been developed.
There are no significant grades associated with the new roads or other factors which
might compromise the health and safety of the public.
B. Effects on Wildlife and Wildlife Habitat:
The site is not mapped within any big game winter range and does not provide
significant habitat to wildlife. This property is within an area of Kalispell that can
be considered to be on the urban fringes. No significant impacts to wildlife or
wildlife habitat can be anticipated as a result of this subdivision.
C. Effects on the Natural Environment:
There is no surface water in the area which might be effected by this development.
There is no obvious high groundwater in the area which by be effected or which
might be impacted by this development. The terrain can be described as gently
rolling hills. There are two areas within the subdivision at the northeast end and
the southeast end of the property which will serve as drainage easements, common
area and parkland. Some erosion might occur during development, erosion should
not be significant, particularly if revegetation of the disturbed areas is done within a
reasonable time after development. This revegetation is anticipated.
D. Effects on Local Services:
Sewer and Water: City of Kalispell water and sewer are proposed to be extended to
this subdivision to serve these lots. There is sufficient capacity within the Kalispell
sewer treatment plan and within the water system to accommodate this
development. The impacts to these services were assessed and anticipated with the
review and approval of the planned unit development in 1995.
Roads: An entire road system is part of the Buffalo Commons PUD. A brief outline
of that system may be in order as it relates to this subdivision. A copy of the plan
for the PUD has been included in the packet. There will be internal loop road
system within the development which is anticipated to be constructed prior to the
platting of other lots within the development.
An extension of Northridge Drive is planned as a main entrance to the development.
The developers have been working with the Montana Department of Transportation
regarding the placement and timing of a traffic signal at that intersection. A signal
is required. Northridge Drive will turn to the north and extend across the northern
portion of this subdivision. This roadway will be extended to connect with
Grandview Drive to the east. Access to the lots within the subdivision will not be
taken from this road section, but rather will be gained from Windward Way and
Windward Loop.
Heritage Way also provides access to the development off of Highway 93 North. The
development agreement with the City provides an option for closing Heritage Way or
leaving it in place. This subdivision does not deal with that issue.
Windward Way will be extended to the north and will serve as an internal
subdivision road. Windward Loop will also serve as an internal subdivision road.
Access to the lots within the subdivision will be taken from these new roads.
It can be anticipated that approximately 310 vehicle trips per day may be generated
from this subdivision onto roadways in the area once the subdivision has been fully
developed. With the road upgrades and required road extensions, the roads in the
area will be adequate to accommodate the additional traffic generated from this
subdivision. The new infrastructure will generally address the impacts the new
development would create.
Schools: This subdivision is within the boundaries of School District #5. Children
from this subdivision would attend Edgerton School, Linderman School and
Flathead High School. It can be anticipated that this subdivision may generate
approximately lb school age children once the subdivision is fully developed.
School District 5 will be able to accommodate the additional students which might
be generated from this subdivision.
2
Parks: This subdivision is subject to the parkland dedication requirements as
outlined in the Kalispell Subdivision Regulations and as required under State
Statute. The parkland dedication requirement is 11 percent of the area devoted to
lots or 11 percent of 8.2 acres in lots or 39,290 square feet (.90 acre) of parkland.
The developer has proposed that the common area within the subdivision located at
the northeast corner and the southwest corner of the subdivision be used to fulfill
the parkland dedication requirement. The Kalispell Subdivision Regulations
provide for the use of common area within a planned unit development to fulfill the
parkland dedication requirements.
There is also a provision for boulevard landscaping in the development agreement
with the City of Kalispell. The agreement calls for trees to be planted 40 to 50 feet
on center which are at least 1 1/4 to 11 / 2 inches in diameter and at least eight to ten
feet in height when planted. The City of Kalispell has agreed to a five year plan
which would involve contributing 20 trees per year for the boulevard tree plantings.
The plants will be of two inch caliper.
Police Protection: This development will be served by the Kalispell Police
Department. According to the Kalispell Police Department, they will be able to
adequately serve this area.
Fire Protection: This development will be served by the Kalispell Fire Department.
The location and placement of fire hydrants will be according to the specification of
the City of Kalispell. Fire flows in the area will be adequate to accommodate the
hydrant network within the development and subdivision.
Refuse Disposal: The subdivision will be served by the City of Kalispell for solid
waste disposal. Adequate space at the County landfill is available for the solid
waste which will be generated by the subdivision. l
Medical Services: Flathead Regional Hospital is a pi oxiniatelyJone mile from the
site. Ambulance services are available to serve this subdivision and access is good.
E. Effects on Agriculture and Agricultural Water Users Facilities:
The soils in this area have limited agricultural value. This property has been idle
grasslands. This subdivision will have an insignificant impact on agriculture in the
Valley and is more valuable for residential development because of its close
proximity to Kalispell and associated services and the lack of obvious development
constraints.
•. Yf t r.. 1. � 3f .: �
The Kalispell City -County Master Plan Map designates this area as Medical /
Profession. Buffalo Commons PUD has been approved with the overall goals and
objectives of the master plan and has been found to further those goals. Phase I of
the Buffalo Commons PUD under review is found to be in substantial compliance
with the master plan.
G. Compliance with Zoning Regulations
This zoning for this property is a planned unit development, Buffalo Commons.
Lots within the single family phase have been designated to be a minimum of 7,000
square feet with a minimum lot width of 60 feet. Setbacks are 20 feet in the front
and rear and five feet on the sides with a 20 foot side corner setback. All of the lots
within the subdivision meet or exceed the minimum lot specifications of the
approved plan.
H. Compliance with the Subdivision Regulations
The preliminary plat appears to be in substantial compliance with the State and
City Subdivision Regulations.
Ja • IL pmmmy 0 r-0)
The Flathead Regional Development Office would recommend that the Kalispell City
County Planning Board adopt the Staff Report #KPP 97-1 as findings of fact and
recommend to the Kalispell City Council that preliminary plat approval for Buffalo
Commons Phase I be granted subject to the following conditions:
That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots,
easements and roadways.
2. That the roadways within the subdivision shall be constructed in accordance with
the adopted 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 specification at the time of final plat approval.
3. That approach permits for the required road construction at Windward Way and
Grandview Drive be obtained from the Kalispell Public Works Department.
4. The developer shall install a central mailbox location approved by the U.S. Postal
Service and shall be indicated on the final plat.
5. That sidewalks shall be constructed on both sides of the street and there be a
minimum five foot boulevard space between the sidewalk and roadway that is
planted with street trees as specified in the development agreement with the City of
Kalispell.
6. That the common area within the subdivision be accepted as fulfilling the parkland
dedication requirement and that the area be landscaped according to the
specifications outlined in the development agreement with the City of Kalispell. All
utilities shall be installed underground.
7. A storm water drainage plan which incorporates the drainage easements indicated
on the preliminary plat shall be reviewed and approved by the City of Kalispell.
8. 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.
9. 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.
10. That preliminary approval shall be valid for a period of three years from the date of
approval.
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KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
MINUTES OF MEETING
MAY 13, 1997
Work Session / There was a scheduled work session at 6 p.m., prior to the regular
Update of Master meeting of the Planning Board to review and provide input on the
Plan ongoing process of updating the Master Plan for the Kalispell planning
jurisdiction.
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board and Zoning Commission was called to order at 7:04 p.m. by Vice -
Chair Kennedy. Board members present were Robert Sanders, Milt
Carlson, Joe Brenneman, Robert Lopp, Walter Bahr, Jean Johnson and
Pam Kennedy. Absent were Mike Conner and Therese Hash (excused).
The Flathead Regional Development Office was represented by Steve
Kountz, Senior Planner and Narda Wilson, Senior Planner. There were
approximately 16 people in the audience.
APPROVAL OF The minutes of the meeting of April 8, 1997 were approved as written on
MINUTES a motion by Bahr, second by Carlson. All members present voted aye.
TACKETT ZONE The first public hearing was introduced on a request by Gary and Julie
CHANGE / Tackett for annexation into the city of Kalispell and initial zoning of R-3,
COUNTY R-3 TO a Residential zoning district. The property is currently located in the
CITY R-3 County jurisdiction and is zoned R-3, a Limited Residential zoning
district. The property is located on the east side of Eighth Avenue East
North between Washington Street and Oregon Street. The property
address is 375 Eighth Avenue EN, in Kalispell.
Staff Report Wilson gave an overview of report #KA-97-2, which evaluated the
request to be zoned City R-3 upon annexation into the city of Kalispell,
and recommended the request be granted.
Public Hearing The public hearing was opened. No one spoke either in favor or in
opposition to the zone change request. The public hearing was closed
and opened to Board discussion.
Motion The motion to adopt staff report #KA-97-2 as findings of fact and
forward a favorable recommendation to City Council to grant the zone
change request from County R-3 to City R-3 upon annexation, was made
by Bahr, seconded by Lopp. On a roll call vote, the motion carried 7-0
in favor.
1
HENRY ZONE The next public hearing was on a request by Carver Engineering on
CHANGE / FROM behalf of Ronald H. Henry, Trustee for a zone change from R-2,
R-2 TO R-3 Residential, to R-3 Residential, to allow a five foot side yard setback
rather than a ten foot side yard setback on eight lots which total
approximately one acre. The property is located between Woodland
Avenue and Dry Bridge Park, north of Albina Street on the west side of
Memory Lane in Kalispell.
Staff Report Wilson gave a detailed presentation of report #KZC-97-1. The eight lots
in question were created in 1946 prior to zoning, subdivision regulations
and health regulations, and are therefore exempt from the minimum lot
size requirements for on -site sewage treatment systems, and lot width
requirements for R-3. The site is currently vacant, and the zone change
would allow slightly more flexibility in siting a home. The applicant
requested a variance from the side yard setback requirements, which was
denied, as it could not meet all the criteria for granting a variance. The
evaluation of the zone change request was evaluated in accordance with
statutory criteria, and staff recommended approval.
Public Hearing The public hearing was opened to those in favor of the proposal.
In Favor Ron Henry, the developer of the subdivision, stated that Narda did an
excellent job of presenting the information. When we started the
subdivision, we were informed that it was R-3. We spent a considerable
amount of money putting in underground utilities, water, paved the
streets, put in curbing and improved the neighborhood. The reason for
the zone change request is so we can build better homes. We will build
this year, but do not want to be limited to 20 feet which you can't build
much of a home. Maybe a manufactured house, which usually is not the
best for a neighborhood. I bought it because it is really a pretty spot, and
my intention was to build nice homes. Trying to do that with 20 feet
doesn't work very well.
No one else spoke in favor. The public hearing was opened to those
opposed.
Opposition A letter was read into the record from Marian and Kevin Ellison who
were opposed to the zone change request.
No one else spoke in opposition. The public hearing was closed and it
was opened to Board discussion.
Board Discussion Johnson, who sat on the Board of Adjustment, explained why their
variance request had not been granted. The necessary criteria could not
be met. The underlying reason was there were alternatives available to
2
the developer that were economically feasible.
It was pointed out that other lots in the area were 50 feet wide and did
not meet the lot width and size requirements for R-3, and it is possible
that those homes were not built with a 10 foot setback.
Mr. Henry was asked to elaborate on the cost of extending city sewer.
He preferred extending sewer, but it was not economically feasible, as it
was about $130,000. It requires a lift station. They are approved for a
mound septic system. I waited to see to if the City would enter into an
agreement, buy they have no plans of extending sewer to this area. So,
sewer extension would just kill the project. I wouldn't want to, but we
would have to build there, as cheap as we could, maybe a manufactured
home. I think it is too pretty of a place to do that.
Lopp handed out an article from the April 25`h Daily Inter Lake, which
brings up one of the issues about side yard setbacks, is the effect it has on
public safety. [The article referred to "an errant ember" which caused an
adjacent home with a metal roof to catch on fire] Residential lots of 35
to 50 feet used to be standard across the county. Things have changed.
I am opposed to putting houses closer together than what R-2 zoning
requires. Since the lots are vacant, that opens the opportunity for the
developer to redesign the plat which meets the R-2 zone. It seems okay
to violate our regulations because this is an old subdivision.
Wilson responded that meeting the R-2 density requirements would not
be an option. If he were to do a boundary line adjustment, then he would
come under the sanitation regulations and would probably end up with
only two lots in the subdivision. They have already been approved for
on -site sewage treatment system. There are currently 7 approved building
sites. There would be no incentive for him to go in and create larger lots
to comply with the zoning. He is not in violation with any regulation.
He complies with the current subdivision and sanitation laws. The
request does not change the density in the area.
Mr. Henry asked to be recognized to address Lopp's concern. He said
he had looked into complying with the R-2 zone, but it would wipe out
all the lots, and this would just be a better situation.
Wilson pointed out that this project went to the Site Review Committee,
and there were no problems with the fire chief.
Carlson was uncomfortable with the request, for a denser zone that what
was originally intended for the area, and that others in the area have
complied with.
3
Motion Bahr moved to adopt FRDO staff report #KZC-97-1 as findings of fact
and forward a recommendation to City Council to approve the zone
change request from R-2 to R-3. Brenneman seconded. On a roll call
vote Bahr, Brenneman and Sanders voted aye. Johnson, Lopp, Carlson
and Kennedy voted no. The motion was defeated on a 3-4 vote.
PRIME The next public hearing was introduced on a request by Prime
COMMERCIAL Commercial on behalf of First X Realty LP for a zone change from I-2,
ZONE CHANGE / Heavy Industrial, to B-2, General Business on 2.29 acres. The property
FROM I-2 TO B-2 is located on the southwest corner of Montclair Drive and East Idaho
(Highway 2 East). The property address is 1029 and 1031 East Idaho in
Kalispell.
Staff Report Wilson gave a detailed overview of report #FZC-97-3. The application
was evaluated in accordance with the statutory criteria and based on
those findings, staff recommended the zone change be granted.
Public Hearing The public hearing was opened to those in favor of the request.
In Favor Cary Dunn, architect representing Prime Commercial, based in Salt Lake
City, who does a lot of work for Office Max in the intermountain west.
We believe this would be in the interests of the community for this
property to move from industrial to commercial as recommended by the
Master Plan. The corner is very highly visible from either east or west.
No one else spoke either in favor or in opposition to the proposal. The
public hearing was closed and opened to Board discussion.
Board Discussion Kennedy asked about requiring landscaping for the property?
Wilson replied that, in the past, the Board has not attached conditions to
a zone change. The zoning requirements would address the development
of the site.
Carlson felt this was a good infill development for the area.
Motion Lopp moved to adopt FRDO staff report #FZC-97-3 as findings of fact,
and based on the findings recommend to the County Commissioners that
the requested zone change be granted from I-2 to B-2. Carlson
seconded. On a roll call vote, the motion carried unanimously.
BUFFALO The last public hearing was introduced on a request by Montana Planning
COMMONS Consultants on behalf of Northwest Healthcare for preliminary plat
PHASE I / PUD approval of Buffalo Commons Phase L a 31-lot single-family residential
4
PRELEW NARY subdivision containing approximately 14.40 acres from an approximate
PLAT 70 acre mixed use Planned Unit Development known as Buffalo
Commons. The area is located on the east side of Highway 93 North and
on the north side of Heritage Way.
Staff Report Wilson gave a presentation of report #KPP-97-1. This is phase I of the
approved Planned Unit Development for Buffalo Commons. Based on
staff evaluation, it is found to be in substantial compliance with the
necessary review criteria, and recommended the preliminary plat be
granted subject to 10 conditions.
Disclosure Carlson informed the Board that he is an adjacent property owner and
has no interest in this project, nor would he get any benefit from it.
Public Hearing The public hearing was opened to those in favor of the project.
In Favor David Greer, Montana Planning Consultants, representing Northwest
Healthcare as a land use planner, gave an overview of the history of
where we came from and where we are going with the Planned Unit
Development. Northwest Healthcare purchased approximately 70 acres
from Developers Diversified for the option to expand any future health
care facilities, and wanted to make sure that anything built was
compatible with the medical facilities and adjoining residential properties.
The PUD was approved in June 1995. As part of the process, we
identified four land use themes, and five phases of development. The
engineering plans for the infrastructure are near completion, and hope to
have all construction of the public improvements for four phases by this
fall. Phase I is for a single family residential development, with an
average lot size of over 11,000 square feet. The minimum lot size
requirement is 7,000 square feet, so we are meeting the intent of the
PUD approval. We have no problems with any of the conditions.
Tom Lux, CEO for Northwest Healthcare and lives in Juniper Bend, so is
also a neighbor, as well as involved from the hospital perspective. Our
Board of Trustees is very excited about this project. We see community
benefit with the design of the project. We have invested a fair amount of
dollars in the purchase of this property and we need to bring those
dollars back to invest in medical care. We see that as a major benefit to
the community.
Brent Hall, 1595 Creekside Drive, Kalispell, a Board member for the
hospital, was on the planning commission when this project first started.
I sat through many meetings where we fought with Developers
Diversified, and fought with the neighbors, and finally came up with a
Planned Unit Development. I think it is ideal for that location. With Mr.
5
Greer's help, things have been done right. This is going to be a very
beneficial project for the city of Kalispell.
No one else spoke in favor of the project. The public hearing was
opened to opponents of the project.
Opposition Canine Peters, 340 Grandview Drive, opposed the number of lots that
will have their backyards next to their place, where there was a vacant
field. It will be quite an impact on us. She questioned the number of
school age kids from this project. With 31 houses, there would be a need
for at least three schoolrooms, and an extra bus. It has been a quiet
neighborhood for the last 40 years, and I hate to see 31 houses stuck in
my back door.
Julie Orhm, 121 Ridgeview Drive, which adjoins this development. I
also have concern about the number of small lots next door, and the
impacts to the school from the kids. It was a quiet neighborhood. She
wanted Ridgeview Drive to remain a cul-de-sac.
No one else spoke in opposition. The public hearing was closed and
opened to Board discussion.
Board Discussion Kennedy pointed out to those in the audience, that this project has been
in the works for many years. The hospital has gone through many steps
in getting to this point.
Carlson stated that the original PUD was designed to bring out the best
performance with the surrounding neighborhood. Phase I more than
meets the requirements for the City RA 1 zoning, so it is fully in
compliance. Although the lots are not as large as those on Ridgeview
Drive, they still are much larger than the minimum size for RA-1. It is a
very good job of conforming with the existing neighborhood. The
transportation will be enhanced throughout the entire area. I see it as an
upgrading of the entire area, since I live there and have to look at it.
Lopp commented that being a senior member of the Board, he applauded
Northwest Healthcare for continuing the relationship with David Greer.
It lends a sense of security for us in the planning process, that more than
adequate thought has gone into the process. Often, when there is a
disparity in lot size with the adjacent land, we condition it with some type
of screening.
Carlson noted that it might be in the best interests of the property owners
to put up a fence or landscape screen. He passed around photos of the
view to the east of the proposal.
6
Motion Bahr moved to adopt staff report #KPP-97-1 as findings of fact and
forward a favorable recommendation to City Council to approve the
preliminary plat for Buffalo Commons Phase I, subject to the 10
conditions set forth. Carlson seconded. On a roll call vote all Board
members present voted aye. The motion carried unanimously.
OLD BUSINESS Under old business, Carlson submitted photos of Juniper Bend, showing
the portion which is in the 100 year flood plain. It is under water for the
third time in six years.
There was no other old business.
NEW BUSINESS A memo from Narda outlining the work program for the upcoming fiscal
year was reviewed and discussed.
Lopp stressed that Evergreen leadership be involved with the planning
process, so that they can feel some ownership in the master plan and to
help alleviate some of the animosity.
The highway corridor development standards were discussed. Staff was
directed to draft a letter to the County Planning Board, since the
i . jurisdictions overlap, requesting that they also look at highway corridor
standards as part of the county work program for the coming year.
Kennedy spoke about the need for cooperation with the county, that the
community is small enough that we all overlap. If the Evergreen area had
some highway development standards, it would be nice to have the same
requirements as the City of Kalispell, so that we can have some
assurances.
Kennedy gave an update on what is happening with the City's
redevelopment plan.
Carlson had copies of the Flathead Gauges for purchase.
ADJOURNMENT There being no other business to discuss, the meeting was adjourned at
9:00 P.M.
Pamela J.B. Kennedy, Vice -President
7
Elizabeth Ontko, Recording Secretary