Meadows Edge Final Plat and AgreementPLANNMG FOR THE FUTURE
j Welf i ,_ r
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Final plat request and Subdivision Improvement Agreement for Meadows Edge
Phase IA
MEETING DATE: July 1, 2019
BACKGROUND: WGM Group, INC. submitted a request, on behalf of Meadows Edge, LLC, for final
plat approval of Meadow's Edge Phase IA, a 45-lot residential subdivision. The subdivision is located
on Mountain Vista Way and can be legally described as Tract 3 of COS 18892 in the E2, Section 3,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
The City Council approved the preliminary plat for Meadows Edge with 33 conditions at their meeting
on June 4, 2018, with Resolution No. 5874. All of the conditions have been met or adequately addressed.
In addition, a Subdivision Improvement Agreement in the amount of $214,351.49 (125% of remaining
cost) is included for City Council action.
RECOMMENDATION: It is recommended that the City Council approve the final plat for Meadows
Edge Phase IA.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: June 24, 2019
Aimee Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FUTURE
June 24, 2019
Doug Russell, City Manager
City of Kalispell
201 1" Ave E
Kalispell, MT 59901
MONTANA
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
WWWAalispell.com/planning
Re: Final plat request and Subdivision Improvement Agreement for Meadows Edge Phase IA
Dear Doug:
WGM Group, INC. submitted a request, on behalf of Meadows Edge, LLC, for final plat approval of
Meadow's Edge Phase IA, a 45-lot residential subdivision. The subdivision is located on Mountain Vista
Way and can be legally described as Tract 3 of COS 18892 in the E2, Section 3, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana.
The City Council approved the preliminary plat for Meadows Edge with 33 conditions at their meeting
on June 4, 2018, with Resolution No. 5874. All of the conditions have been met or adequately addressed.
The following report summarizes the applicant's compliance with the conditions of approval. In
addition, a Subdivision Improvement Agreement in the amount of $214,351.49 (125% of remaining
cost) is included for City Council action.
COMPLIANCE WITH CONDITIONS OF APPROVAL
The Planned Unit Development for Meadows Edge allows the following deviations from
the Kalispell Zoning Ordinance:
a) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows up to four (4)
attached townhomes as a permitted use.
Staff Response: This condition has been met. The final plat is in compliance with the
submitted preliminary plat application and materials. No additional deviations are
requested.
2. That the development of the site will be in substantial conformance with the preliminary
plat documents entitled Meadows Edge and associated submittal drawings which shall
govern location of the lots, easements, roadways, phasing plan, covenants and declarations,
landscaping, fencing, parkland, uses and pedestrian access facilities.
Staff Response: This condition has been met. The final plat is in compliance with the
approved preliminary plat.
3. The preliminary plat approval for the development shall be valid for a period of three years
from the date of approval.
Staff Response: This condition has been met. The City Council approved the preliminary
plat at their meeting on June 4, 2018, giving the plat an expiration date of June 4, 2021.
4. A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and
provisions of approval. The final plan as approved, together with the conditions and
restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the
site that shall be completed and signed by the city and owner prior to the issuance of a
building permit.
Staff Response: This condition has been adequately addressed. All of the conditions of the
preliminary plat have been met, or otherwise bonded; thereby a further agreement is
unnecessary.
5. Architectural renderings for all commercial buildings are required to be submitted to the
Kalispell Architectural Review Committee for review and approval prior to issuance of a
building permit.
Staff Response: This condition is not applicable. The condition is not applicable because
there are no commercial buildings within Meadow's Edge Phase IA.
6. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to issuance
of the building permit for development within the B-1 Zone.
Staff Response: This condition is not applicable. The condition is not applicable because
there are no commercial buildings within Meadow's Edge Phase IA.
7. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. Public Works has issued a letter approving
the subdivision on October 12, 2018. The letter is attached hereto for reference. In addition,
the developer has entered into a subdivision improvement agreement with the City of
Kalispell that can be used by the city as collateral to assure all remaining infrastructure
required is installed to city standards for design and construction.
8. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
Staff Response: This condition has been met. Public Works has issued a letter approving
the subdivision on October 12, 2018. The letter is attached hereto for reference. In addition,
the developer has entered into a subdivision improvement agreement with the City of
Kalispell that can be used by the city as collateral to assure all remaining infrastructure
required is installed to city standards for design and construction.
9. The sewer for Phases 2-5 shall be designed to connect into the West Side Sewer Interceptor.
Final design plans shall be reviewed and approved by the Kalispell Public Works
Department prior to final plat of Phase 2.
Staff Response: This condition is not applicable. The condition is not applicable because
the applicant is only requesting final plat of Meadow's Edge Phase IA, not phases 2-5.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements
of the current City standards for design and construction. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
Staff Response: This condition has been met. Public Works has issued a letter approving
the subdivision on October 12, 2018. The letter is attached hereto for reference. In addition,
the developer has entered into a subdivision improvement agreement with the City of
Kalispell that can be used by the city as collateral to assure all remaining infrastructure
required is installed to city standards for design and construction.
11. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities.
Staff Response: This condition has been met. Public Works issued a letter approving the
stormwater plan on October 12, 2018 and subsequently issued a stormwater permit on
October 24, 2018. DEQ issued a letter on October 24, 2018 for General Permit for Storm
Water Discharge Associated with Construction Activities.
12. Prior to final plat a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or a proper
bond has been accepted for unfinished work.
Staff Response: This condition has been met. Public Works issued a letter accepting the
water and sewer on 6/26/2019 and the city has entered into a subdivision improvement
agreement with the City of Kalispell that can be used by the city as collateral to assure all
remaining infrastructure required is installed to city standards for design and construction.
13. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and where appropriate, the Montana Department of Transportation in
order to determine the appropriate mitigation as the project develops.
Staff Response: This condition has been met. Public Works issued a letter approving the
street improvements on October 12, 2018 MDT issued an approach permit, which
incorporated TIS mitigation, on June 24, 2019. The two approvals are attached hereto for
reference.
14. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are
necessary at the intersection of the roadways, these improvements shall be completed to the
satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the
city.
Staff Response: This condition has been met. MDT issued an approach permit on June 24,
2019. The approach permit is attached hereto for reference.
15. Prior to final plat all mitigation required as part of the approved traffic impact study shall
be completed. All improvements shall be reviewed and approved by either the Public
Works Department or Montana Department of Transportation. A letter from the Kalispell
Public Works Department or Montana Department of Transportation shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or State of
Montana. If infrastructure work has not been accepted, a letter stating that a proper bond
has been accepted for the unfinished work by the appropriate agency is required.
Staff Response: This condition has been met. Public Works has issued a letter approving
the street improvements on October 12, 2018. MDT issued an approach permit, which
incorporated TIS mitigation, on June 24, 2019. Both documents are attached hereto for
reference.
16. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
Staff Response: This condition has been met. The Kalispell Fire Department issued a letter
approving the subdivision on October 1, 2018. The letter is attached hereto for reference.
17. A letter shall be obtained from the Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the open space, landscape
boulevards and streets serving the subdivision.
Staff Response: This condition has been met. The Kalispell Parks Department issued a
letter approving the landscaping on 6/26/2019. The letter is attached hereto for reference.
18. A park maintenance district shall be formed incorporating all the lots within the subdivision.
The park maintenance district shall not be effective until such time as any open space or
parks are accepted by the city. In this case an assessment would be levied within the
maintenance district to be determined by the Parks and Recreation Department with
approvals by the Kalispell City Council.
Staff Response: This condition has been met. The final plat note 95 indicated the property
owners(s) shall waive their right to protest the creation of a parks maintenance district.
19. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase 1.
Staff Response: This condition has been met. The Kalispell Parks Department issued a
letter approving the parks plan on 6/26/2019. The letter is attached hereto for reference.
20. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
Staff Response: This condition has been met. Public Works issued a letter approving the
easements on March 26, 2019. The letter is attached hereto for reference.
21. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to
the public, the right to the joint use of an easement for the construction, maintenance, repair,
and removal of their lines and other facilities, in, over, under, and across each area designated
on this plat as "Utility Easement" to have and to hold forever."
Staff Response: This condition has been met. The notation is on the final plat.
22. That a minimum of two-thirds of the necessary public infrastructure for this subdivision
shall be completed prior to final plat submittal of each phase.
Staff Response: This condition has been met. More than 2/3 of the public infrastructure has
been installed, and/or accepted by the city. The developer has entered into a subdivision
improvement agreement with the City of Kalispell that can be used by the city as collateral
to assure all remaining infrastructure required is installed to city standards for design and
construction.
23. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
Staff Response: This condition has been adequately addressed. Utilities have either been
constructed underground, or will be constructed in the near future, at which time they will
be verified via filed inspection by Public Works.
24. The following public right-of-way improvements shall be completed at each phase of the
development:
a. Phase 1 — West Spring Creek/Farm to Market shall be updated to city standards along
the property boundary from Mountain Vista Way south to the intersection with Three
Mile Drive.
b. Phase 2 — Three Mile Drive shall be upgraded to city standards along the property
boundary from the western terminus of the development to the eastern terminus of the
development.
c. Phase 3 — Farm to Market shall be upgraded to city standards from Mountain Vista Way
north to the properties northern property boundary.
Staff Response: This condition has been adequately addressed. The improvements to the
roadways will be improved with each corresponding phase.
25. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
Staff Response: This condition has been adequately addressed. Provisions for path
maintenance has been incorporated into the Meadows Edge CCNR's.
26. The alleyways within the development shall be designated as "private" at time of final plat.
Staff Response: This condition has been met. The alleyways are indicated as private on the
final plat.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
Staff Response: This condition has been adequately addressed. At the time a subdivision
sign is installed planning staff will verify compliance with the sign regulations for
subdivisions.
28. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
Staff Response: This condition has been met. Articles of Incorporation for Meadows Edge
have been filed with the Montana Secretary of State. See attached letter.
29. All properties along the western boundary of the subdivision shall install uniform rear yard
fencing prior to certificate of occupancy of those residences.
Staff Response: This condition is not applicable. Phase IA does not have any properties
being platted along the western boundary of the approved preliminary plat.
30. A note shall be placed on the final plat that stating: "This subdivision is located in an
agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not be
restricted as a result of the development or occupancy of this subdivision."
Staff Response: This condition has been met. Note #4 on the final plat has the right to farm
language.
31. The developer shall work with Eagle Transit to establish bus stop location(s) within the
Meadows Edge PUD. The approved bus stop location(s) shall be included on a revised
PUD plan and submitted with the preliminary plat of phase 5. Bus stop location(s) shall be
improved in accordance with Eagle Transit's requirements, which may include a bus shelter.
This condition is waived if Eagle Transit provides a letter in writing that it will not serve
the development.
Staff Response: This is not applicable. The final plat is only for Phase IA and this condition
pertains to Phase 5.
32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat of Phase 1. In addition,
the mail delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
Staff Response: This condition has been met. The US Postal Service sent an email on
9/5/2018 approving the proposed postal facilities for the subdivision.
33. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior
to final plat.
Staff Response: This condition has been met. The developer has transferred all applicable
water rights to the City of Kalispell.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat approved by the Kalispell City
Council on June 4, 2018.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the state and city Subdivision
Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-
3/PUD zoning designation for the property which governs the dimensional requirements of the lots
within the subdivision as well as the uses.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise
adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for
Meadows Edge — Phase IA.
Attachments: - Two mylars of final plat
- I I" x 17" copy of plat
- Applicant responses and final plat application dated 4/24/2019
- Fidelity National Title guarantee FT1585-191570, dated 6/20/2019
- Subdivision Improvement Agreement and cashier's check
- Engineer's cost estimate
- Flathead County tax certification, dated 4/11/2019
- Letter from Kalispell Public Works (utility easements), dated 3/26/2019
- Letter from Kalispell Public Works (engineering approval), dated 10/12/2018
- Letter from Kalispell Public Works (stormwater permit), dated 10/24/2018
- Letter from Kalispell Public Works (acceptance), dated 6/26/2019
- Montana Department of Environmental Quality water and sewer approval letter,
dated 10/16/2018
- Montana Department of Environmental Quality storm water permit, dated
10/24/2018
- Montana Department of Transportation approach permit, dated 6/24/2019
- Engineer's Certification letter dated 5/31/2019
- Kalispell Fire Department approval letter, dated 10/1/2018
- Kalispell Parks and Recreation letter, dated 6/26/2019
- Email from US Postal Service, dated 9/5/2018
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: W GM, Group
431 I't Avenue West
Kalispell, MT 59901
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
11,11v.lcalis Pell.con]/ )launin
FINAL PLAT APPLICATION
Project /Subdivision Name: Meadows
Contact Person:
Name: WGM Group, Inc.
Address: 431 1st Avenue West
Kalispell, MT 59901
Phone No.: (406) 756-4848
Subdivision Phase 1A
Date of Preliminary Plat Approval: .tune 4th, 2018
Owner & Mailing Address:
Meadows Edge, LLC
P.O. Box 7184
Kalispell, MT 59904
320 221-0280
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision 45
Land in Project (acres) 16.1
Parkland (acres) 5.9 Cash -in -Lieu $ Exempt
P
No. of Lots by Type:
Single Family 19 Townhouse 6 (20 d.u.) Mobile Home Park
Duplex 3 (6 d.u.) Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development Yes
Condominium Multi -Family Other
Legal Description of the Property Tract 3 of COS 18892 in the East half of Section 3, Township 28 North,
___Range 22 West, P M M F ea CounMontana
FILING FEE ATTACHED $__ 6.475
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
1
Attached Not Applicable (MUST CHECK ONE
✓ Health Department Certification (Original)
✓
Title Report (Original, not more than 90 days old)
✓
Tax Certification (Property taxes must be paid)
✓ Consent(s) to Plat (Originals and notarized)
✓
Subdivision Improvements Agreement (Attach collateral)
✓ Parkland Cash -in -Lieu (Check attached)
✓
Maintenance Agreement
Plats: 2 mylars 1 11X17 Copy
1 full size copy 1 Electronic Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date -
of the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The
governing body must act within 30 days of receipt of the revised preliminary plat application and
staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Kalispell
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
e/
Owner(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
E
4W"AWGMGR0UP
April 24, 2019
Tom Jentz, Director
Kalispell Planning Department
201 15t Avenue East
Kalispell, MT 59901
Re: Final Plat Application for Meadows Edge Phase 1A Subdivision
Dear Tom:
As engineer of record for Meadows Edge Phase 1A Subdivision, I hereby certify that all of
the conditions stated in Resolution No. 5874 have been addressed to the best of my
knowledge, except for the following conditions which are in the process of being
addressed: Conditions #4, #8, #14, #17, #19, and #33.
Enclosed is the Final Plat application for the Meadows Edge Phase 1A Subdivision. The
conditions of approval are listed below along with how each has been addressed:
1. The Planned Unit Development for Meadows Edge allows the following deviation from
the Kalispell Zoning Ordinance:
a. Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses - Allows up to
four (4) attached townhomes as a permitted use.
The development of the site utilized the above deviation. Please see enclosed
Meadows Edge Staff Report and Conditions of Approval, Section 11 Evaluation Based
on Statutory -Criteria for Initial Zonj0_q_and Proposed PUD Overly, paragraph 1.
2, That the development of the site will be in substantial compliance with the preliminary
plat documents entitled Meadows Edge and associated submittal drawings which shall
govern location of the lots, easements, roadways, phasing plan, covenants and
declarations, landscaping, fencing, parkland uses, and pedestrian access facilities.
The development of the site is in substantial compliance with the preliminary plat
documents as approved by City Council, Please see enclosed Resolution No. 5874 -
Preliminary Plat Conditions of Approval.
3. The preliminary plat approval for the development shall be valid for a period of three
years from the date of approval.
The preliminary plat was approved in June 2018 and is still valid.
4. A development agreement shall be drafted by the Kalispell City Attorney between the
City of Kalispell and the developer outlining and formalizing the terms, conditions and
431 1" Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 I EMAIL wgm@wgmgroup.com
Kalispell Planning Department
4/24/19
Page 3 of 7
installed and tested in accordance with City of Kalispell and DEQ requirements will be
provided upon completion.
9. The sewer for Phases 2-5 shall be designed to connect into the West Side Sewer
Interceptor. Final design plans shall be reviewed and approved by the Kalispell Public
Works Department prior to final plat of Phase 2.
This will be addressed in future phases,
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Prior to final
plat, a certification shall be submitted to the public works department stating that the
drainage plan for the subdivision has been installed as designed and approved.
Refer to the design approval letters provided under Condition #8. A certification letter
stating that the drainage plan for the subdivision has been installed as designed and
approved is enclosed.
11. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of
all documents submitted to Montana Department of Environmental Quality for the
General Permit for Storm Water Discharge Associated with Construction Activities.
An erosion control plan was submitted with the construction documents to the
Kalispell Public Works Department and the Montana Department of Environmental
Quality. Prior to construction, the Contractor obtained a General Permit for Storm
Water Discharge Associated with Construction Activities. Please see the enclosed
Montana Department of Environmental Quality Notice of Intent Confirmation Letter
and the City of Kalispell Stormwater Permit Approval Letter.
12. Prior to final plat a letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City of Kalispell
or a proper bond has been accepted for unfinished work.
A Subdivision Improvements Agreement (SIA) including proper bonding has been
generated for improvements not yet completed for Phase 1A. Over two-thirds of the
infrastructure has been constructed to date. Please see the SIA enclosed with the final
plat application form. A cashier's check for the bond amount has been provided to the
City of Kalispell.
13. The traffic impact study for the project site shall be reviewed and approved by the
Public Works Department and where appropriate, the Montana Department of
Transportation in order to determine the appropriate mitigation as the project
develops.
Kalispell Planning Department
4/24/19
Page 5 of 7
The Homeowners Association will maintain the parks and open space areas through
the dues collected. Please see enclosed email correspondence with the Kalispell Parks
& Recreation Department.
19. A park plan shall be created and approved by the Parks and Recreation Director prior
to final plat of Phase 1.
A Park and Trail Master Plan was provided to Chad Fincher and was recently revised to
address his initial comments. His approval letter is pending.
20.All easements and/or rights -of -way shall be indicated on the face of the final plat.
Utility easements for city water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
All existing and proposed easements are shown on the face of the enclosed final plat,
A letter from the Kalispell Public Works Department confirming this is enclosed.
21. The following statement shall appear on the final plat: " The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing
or offering to provide telephone, telegraph, electric power, gas, cable television, water
or sewer service to the public, the right to the joint use of an easement for the
construction, maintenance, repair, and removal of their lines and other facilities, in,
over, under, and across each area designated on this plat as " Utility Easement" to have
and to hold forever."
The above note is included on the final plat.
22. That a minimum of two-thirds of the necessary public infrastructure for the subdivision
shall be completed prior to final plat submittal of each phase.
Please reference the SIA Exhibit "B" enclosed with the final plat application, that states
approximately 70% of necessary public infrastructure has been completed as of the
bonding date.
23. All utilities shall be placed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
Please refer to the City's conditional approval letter enclosed under Condition #7. In
addition, all dry utilities have been designed and constructed in underground conduits
and vaults or pedestals.
24.The following public right-of-way improvements shall be completed at each phase of
the development:
Kalispell Planning Department
4/24/19
Page 7 of 7
Not applicable to Phase 1A and will be addressed in future phases. Currently, Eagle
Transit is not ready to provide service to the development.
32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating
the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In addition,
the mail delivery site and improvements shall also be included in the preliminary and
final engineering plans to be reviewed by the Public Works Department. The mail
delivery site shall not impact a sidewalk or proposed boulevard area.
A letter of approval from the US Postal Service is enclosed.
33. Any water rights associated with the property shall be transferred to the City of
Kalispell, The water rights shall be allocated proportionally for each phase of the
development prior to final plat.
For simplification of the water rights transfer process, we intend to transfer all water
rights to the City pending a memorandum of understanding (MOU) from the City
allowing the developer to continue using the north well for farming undeveloped land
within the subdivision until the last phase gets developed, Enclosed is a Meadows
Edge Water Rights Memorandum quantifying the water rights associated with this
development. An MOU from the Public Works Department is pending.
Sincerely,
WGM Group, Inc.
645z� /1, j /J�
Stephanie A. Reynolds, P.E.
Senior Project Engineer
Enclosures: Conditions of approval supporting documentation for Phase 1A
SUBDIVISION
Guarantee/Certificate Number:
Issued By:
0 Fidelity National Title' FT1585-191570
Insurance Company
FIDELITY NATIONAL TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
WGM Group, its successors and/or assigns as their respective interests may appear.
herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A
or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of
reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount
set forth in Schedule A.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you
wish additional liability, or assurances other than as contained herein, please contact the Company for further information
as to the availability and cost.
Fidelity National Title Company of Flathead Valley, LLC
1807 3rd Ave E
Kalispell, MT 59901
Countersigned By:
Authorized Officer or Agent
-hhmd"
!
SEAL
Fidelity National Title Insurance Company
By:
Attest:
President
Secretary
Subdivision Guarantee/Certificate Printed: 06.26.19 @ 01:35 PM
Page 1 MT-FT-FLAT-01585.350200-SPS-1-19-FT1585-191570
GUARANTEEICERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-191570
ISSUING OFFICE:
Title Officer: Karla Kemm (LC)
Fidelity National Title Company of Flathead Valley, LLC
1807 3rd Ave E
Kalispell, MT 59901
Main Phone: (406)755-7004
Email Karla,Kemm@fnf.com
SCHEDULE A
Liability Premium Tax
$10,000.00 $150.00 $0.00
Effective Date: June 20, 2019 at 08:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Title to said real property is vested in:
Meadows Edge, LLC, a Montana limited liability company
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
END OF SCHEDULE A
subdivision GuaranleelCertificate Printed: 06.26.19 @ 01-35 PM
Page 2 MT-FT-FLAT-01585.350200-SPS-1-19-FT1585-191570
EXHIBIT "A"
Legal Description
A Tract of land being a portion of Tract 3 of Certificate of Survey No. 18892, on file and of record in
Flathead County, Montana, located in the Southeast One Quarter of Section 3, Township 28 North,
Range 22 West, Principal Meridian, Montana, City of Kalispell, County of Flathead, Montana; more
particularly described as follows:
Commencing at the Southeast corner of Section 3; thence N04°34'06"E, along the East line of Section 3,
1029.57 feet; thence N85°25'54"W, 76.88 feet to a point on the West right-of-way line of farm to
market road and the point of beginning; thence N85007'36W, 147.97 feet; thence SO4°52'24"W, 57.34
feet; thence N85007'36W, 60.00 feet; thence N04°52'24"E, 4.90 feet; thence N86°38'57"W, 13.62 feet to
the point of curve of a 438.00 foot radius tangent curve to the left; thence along said curve through a
central angle of 17°52'26", an arc distance of 136.64 feet to a point of tangency; thence
S75°28'37"W,59.44 feet to a point of curve on a 985.00 foot radius tangent curve to the right; thence
along said curve through a central angle of 9'11'41", an arc distance of 158.07 feet; thence N00°00'00"E,
155.80 feet; thence along a 830.00 foot radius curve concave to the North, an arc distance of 47.37 feet
(Chord Bears S85°18'28"W 47.37 feet); thence N00°00'00"E, 170.30 feet; thence along a 660.00 foot
radius curve concave to the North, an arc distance of 60.03 feet (Chord Bears S88°45'37"W 60.01 feet);
thence N00°00'00"E, 130.04 feet; thence along a 530.00 foot radius curve concave to the North, an arc
distance of 15.90 feet (Chord Bears N87'26'22"W 15.90 feet); thence NO3°25'12"E, 173.75 feet; thence
N79°33'35"E, 255.10 feet: thence N01059'06"E, 267.55 feet; thence N45055'35"E, 210.34 feet; thence
N55°28'41"E, 293.87 feet; thence S87°33'50"E, 133.48 feet to a point on the West right-of-way line of
farm to market road; thence along said West right -of way line the following courses: SO4°27'30"W
281.08 feet; N85°32'30"W, 10.00 feet and SO4°27'30"W, 879.97 feet to the point of beginning;
The above parcel is to be known and designated as Meadows Edge Phase 1A.
Subdivision Guarantee/Certificate Printed: 06.26,19 Q 01:35 PM
Page 3 MT-FT-FLAT-01 585.350200-SPS-1-19-FT1585-191570
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
GUARANTEEICERTIFICATE NO.
FT1585-191570
a. Rights or claims of parties in possession not shown by the Public Records.
b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by
an accurate survey and inspection of the Land including, but not limited to, insufficient or impaired
access and matters contradictory to any survey plat shown by the Public Records.
c. Easements, or claims of easements, not shown by the Public Records.
d. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
e. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted
under (a), (b), (c) are shown by the Public Records.
f. Taxes to special assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records. Proceedings by
a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
g. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21 MCA, including, but not limited to any right of the
public to use and occupy those certain roads and trails.
h. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil,
gas, coal, or other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement
or other rights or matters relating thereto, whether express or implied, recorded, or unrecorded.
Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to
such parts thereof which may be typed as a Special Exception as shown below.
SPECIAL EXCEPTIONS:
1, General Taxes for the year 2018
1 st Half: $809.40 PAID
2nd Half: $809.37 PAID
Tax I D No.: 01-0013865
Affects: Premises and other property
2. General County Taxes for the year 2019 and subsequent years, which are a lien but not yet due or payable.
3. Any possible additional tax assessments because of construction and/or improvements to the property.
4. An existing county road, known as Farm To Market along the easterly boundary as disclosed by County
Assessor's Map and surveys of record.
Subdivision GuaranteeiCertificate Printed: 06.26,19 @ 01:36 PM
Page 4 MT-FT-FLAT-01585.350200-SPS-1-19»FT1585-191570
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
5. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Mountain States Power Company
Recording Date: March 30, 1951
Recording No.: Book 317, Page 608
6. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Pacific Power & Light Company
Recording Date: September 29, 1994
Recording No.: 94-272-10340
GUARANTEE/CERTIFICATE NO.
FT1585-191570
7. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 17323. Reference is hereby made to the survey for more particulars.
Recording No.: 2006-158-10510
8. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 18892. Reference is hereby made to the survey for more particulars.
Recording No.: 201000004200
9. Grant of Easement and Water Well Agreement
Recording Date: June 18, 2010
Recording No.: 201000014008
10. This property lies within the boundaries of Resolution No. 5873 for The alteration of the boundaries of the City of
Kalispell by including therein as an annexationto be known as Meadows Edge Additon No. 438, recorded June 14,
2018 at 201800011933 and will be subject to any levies and assessments thereof.
11, Ordinance No. 1810
Recording Date: September 21, 2018
Recording No.: 201800023321
12. Memorandum of Understanding between The City of Kalispell, Montana and Meadows Edge, LLC
Recording Date: June 10, 2019
Recording No.: 201900011237
13. Recitals, notes, dedications, easements, certificates and covenants as contained on the plat of proposed plat of
Meadows Edge Phase 1A. Reference is hereby made to the plat for more particulars.
Subdivision Guarantee/Certificate Printed: 06.26.19 @ 01:36 PM
Page 5 MT-FT-FLAT-01585.350200-SPS-1-19-FT1585-191570
GUARANTEE/CERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-191570
SCHEDULE B
(continued)
14. State of Montana Department of Environmental Quality Certificate of Subdivision Approval to be recorded with the
proposed plat of Meadows Edge Phase 1A, if any.
15. Notice of Right to Claim a Lien
Claimed by: Probuild Company, LLC dba Builders FirstSource 445 (KALIMTYD)
Against: Meadows Edge LLC
For: Building materials and professional services
Recording Date: May 20, 2019
Recording No.: 201900009533
Affects: Premises and other property
16, A mortgage to secure an indebtedness as shown below
Amount:
$1,500,000.00
Dated:
May 29, 2019
Mortgagor:
Meadows Edge, LLC
Mortgagee:
First Interstate Bank
Recording Date:
June 6, 2019
Recording No.:
201900011064
Affects: Premises
and other property
The Mortgage set forth above is purported to be a "Credit Line" Mortgage. It is a requirement that the
Trustor/Grantor of said Mortgage provide written authorization to close said credit line account to the Lender when
the Mortgage is being paid off through the Company or other Settlement/Escrow Agent or provide a satisfactory
subordination of this Mortgaget to the proposed Mortgage to be recorded at closing.
17. Notice of Right to Claim a Lien
Claimed by: Northwest Drywall and Building Supply, Inc.
Against: Meadow Edge LLC
For: construction materials
Recording Date: June 17, 2019
Recording No.: 201900012008
Affects: Premises and other property
18. Notice of Right to Claim a Lien
Claimed by: Northwest Drywall and Building Supply, Inc.
Against: Meadow Edge LLC
For: construction materials
Recording Date: June 17, 2019
Recording No.: 201900012009
Affects: Premises and other property
Subdivision Guarantee/Certificate Printed_ 06,26.19 @ 01:36 PM
Page 6 MT-FT-FLAT-01 585.350200-SPS-1-1 9-FT1 585-191570
GUARANTEEICERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-191570
SCHEDULE B
(continued)
19. The land described in the commitment/policy small not be deemed to include any home trailer or mobile home
located on the property.
20. Exceptions and reservations contained in Patents of record.
END OF SCHEDULE B
Subdivision Guarantee/Certificate Printed, 06,26.19 @ 01:R PM
Page 7 MT-FT-FLAT-01565.350200-SPS-1-19-FT1585-191570
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY : WGM Group
FOR, Meadows Edge LLC DATE: 3/29/2019
DESCP : Meadows Edge - Phase 1A located PURPOSE : Subdivision
on a portion of TR 5 in 3-28-22
YEARS ASSESSOR #
2015 thru 2018 0013865
hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, fo the years indicated for
each assessor number. 5 rJ
APR 1 1
,' 19
�p GOL+NTY
1. . allti�
Deputy/Treasurer
(seal)
Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 1"Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of June , 2019 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Meadows Edge, LLC (Name of
Developer)
a Corporation
(Individual, Company or Corporation)
located at _ P.O. Box 7184, Kalispell, Flathead County, Montana, 59904
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Meadows Edge Phase lA (Name of
Subdivision)
located at Tract 3, E 1/2 Section 3, T28N, R22W, P.M.M., Flathead County, Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Meadows Edge Phase 1A upon the conditions as set forth (Name
of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as
cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A'; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B'; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 171,481.19
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $ 214,351.49 . Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in he sum Of $ 214,351.49
completing the required improvements in Meadows Edge Phase I
(Name of Subdivision)
the estimated cost of
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by July 01 320 20
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral
sufficient to insure such compliance. If the City determines that the Developer will not construct any or all
of the improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before tten.
Meadows Edge, LLC
by
(Name) (Title)
STATE OF MONTANA
COUNTY OF��
On this '-Lj*` day of `Sv�.rti� , 20 11 , before me, a Notary Public for the State
of Montana, personally appeared C IXAe-M e4J.-.eL , known to me to be the
ro of M -g- G.L., , whose name is subscribed to
the foregoing instrumed and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Notary Public fort State of Montana
Printed Name M Co
Residing at -MT—
My Commission Expires Z'
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
COpyy
MINCY COCHRAN
NOTARY PUBLIC for the
SFAL �z`
State of Montane
Residing at Kalispell, MT
p� V
My Commission Expires
May 17, 2m.
Project Name: MEADOWS EDGE SUBDIVISION, PHASE 1A
WGM Project Number: 171034.4
Owner: MEADOWS EDGE, LLC
Bonding Date: July 1, 2019
EXHIBIT "B"
CERTIFICATION OF WORK TO BE � � 1
COMPLETED f WG M
Completed as of Bonding Date
Final Construction
Construction
Quantity Costs
Total Quantities and Costs
Line Item Item Description
Unit
Quantity
Unit Price
Total
Quantity
Current Total
Schedule
1-Site Work
1.1
Mobilization, Submittals & Permits
LS
1
$25,000.00
$2S,000.00
1.ODDO
$25,000-00
1.2
Erosion Control Measures
LS
1
$10,017,50
$10,017.50
0.5543
$5,552-70
1.3
Traffic Control
LS
1
$4,700.00
$4,7oo.00
1.0000
$4,700.00
2.4
Construction Survey
LS
1
$1c,500.0o
$10-600.
1.0000
$10.500.00
1.5
Clearing Topsoil & Stockpile
LS
1
$25,000.DO
$2S,owm
1.0000
$25,000.D0
1.6
Embankment
LS
1
$30,000.00
$30,13DCLOD
1.0000
$30,000.00
1.7
Seeding & Restoration
LS
1
$15,000.Cc
$15,000.00
0.1702
$2,553.00
1.8
Material Testing
LS
1
$18,coo.0o
$11L,00n.00
1.0D00
$18,DDo.00
SCHEDULE 1 TOTAL
$138,217.50
$121,30530
Schedule
2 - Reads & Sidewalks
2.1
3" Minus Select Subbase MaterW
CY
1930
$33.00
$63,690.00
1,930
$63,690.00
2.2
3/4" Minus Base Course Material
CY
1292
$36.00
$46,152.DO
1,282
$46,152.o0
2.3
Asphalt Pavement (4" Thickness)
SY
6401
$19.50
S124,11IStSD
6,200
$120,900.0c
2.4
Concrete Curb &Gutter
LF
3252
$1fi.00
$52,032.00
3,187
$50,992.00
2.5
Temporary Road
CY
273
$35.00
$9,555.00
273
$9,555.DO
2.6
Alley Approach
EA
3
$1,15O.00
S3,450.00
3
$3,450.00
2.7
Sidewalk (4" Concrete, 5' Width, 6" Base)
SF
15325
$5.00
$76,625.00
4,430
$22,150.00
2.8
ADA Ramp {Truncated Domes}
EA
10
$450.00
$4,500.00
0
$0-00
2.9
Mailbox Facility
EA
1
$2,500.00
$2,500.00
0
$o.
2.10
Drive Over Curb and Gutter
LS
1
$1,417.50
$1,417.50
1
$1,417,50
2.11
Sidewalk 15" Concrete, 5' Wdith, G" Base)
LS
1
$4,075.00
$4,1375.00
1
$4,075.00
2.12
Casting Change to Drive Over
LS
1
$110.00
$110.00
1
$110,00
2.13
Approach Aprons To Townhouses
5F
2683.5
$7.50
$20,126.25
2,694
$20,126.25
SCHEDULE 2 TOTAL
$409,052.25
$342,617.75
Schedule 3 - Water System
3.1
8" PVC Water Main
LF
16G5
$57.00
$94,90S.00
1,750
$59,750.00
3,2
6" Dia. 90' A.I. Elbow
FA
1
$600,00
$600.00
1
$600.00
3.3
8" Dia. 11.25' D.I. Elbow
EA
0
$0.00
$0.00
D
$D.00
3A
8" Dia. 22.5' D.I. Elbow
EA
4
$650.00
$2,600.00
4
$2,600.Ug
3.5
Connect to Existing Water Main
EA
1
$1,200.00
$1,200.00
1
$1,200.00
3.5
8"W' MJxMJ O.I. Cross
EA
1
$875.00
$875.00
1
$875.00
3.7
G" Fire Hydrant Assembly
EA
5
$5,100.c0
$25,500.00
5
$25,500.00
3.8
8" MJxMJ Gate Valves, Boxes, & Apron
EA
11
$1,900.00
$20,900.00
11
$20,900,D0
3.9
3/4" Domestic Water Service
EA
44
$1,650.00
$72,600.00
45
$74,250.00
3.10
8" MI End Cap w/ Thrust Blacking
EA
2
$600.00
$1,200.00
2
$1,200.ac
3.11
8"x6" MJxMJ D.I. Reducer
EA
1
$650.00
$650,00
1
$650.00
3.12
18" PVC Water Main
LF
63
$140.00
$8,820.00
65
$9,100.00
3.13
IS" Butterfly Valve, Box, & Apron
EA
2
$G,350.00
$12,700.00
2
$12,70C.U0
3.14
18" MI End Cap
EA
2
$2,100.00
$4,200.00
2
$4,200.[10
3.15
8"XIO" Transition Fittings (PVC to HDPEI and Appurtenances
EA
2
$1,745.00
$3,490.00
2
$9,490.-
3.16
12"XB" MJxMJ D,I, Reducer
EA
1
$900.00
$900.00
1
$91Do,00
3.1/
3.18
3.19
3.20
3.21
3.22
18"X8" MJxMJ D.I. Cross
10" HOPE DR11 Directional Drill
Flowable Fib
Valve Box Extension (for depths exceeding 7 ft.)
Meter Pits (Materials Only(
2" Irrigation to the Pond Area
EA
LF
- LS
EA
EA
LS
1
86
1
4
4A
1
$4,000.00
$185.00
$2,850.00
$375.00
$559.00
$6,063.02
$4,000.00
$15.910.00
$2,850,00
$1,500m
$24,596.00
$6,063.02
1
86
1
4
45
1
$4,000.00
$15,910.Ou
$2,850.00
$1,500.00
$25,155.00
$6,063.02
SCHEDULE 3 TOTAL
$299,996.00
$313,393.02
Schedule
4 -Sewer System
4.1
Connect to Existing
EA
1
$S,7tl0AD
$1,700.00
1
$1,700.ap
4.2
Install 48" Dia. Manhole w/Cover & Apron
EA
10
$3,500.00
$35,000.00
10
$35,DD0.00
4.3
4" Sanitary Sewer Service
EA
44
$1,5D0.00
$66,000.00
45
$67,SM.00
4.4
8" PVC Sewer Main
LF
1595
$50.00
$79,800.00
1,596
$79.800.00
4.5
Jack and Bore w/16" casing, spacers, restraints, end seals
LS
86
- $1,162.79
$100,ao0.a0
86
$100,OM.00
4.6
Upsize Casing to 36"
LS
1
$8,659.51
$8,659.51
1
$8,65951
SCHEDULE 4 TOTAL
$291,159.51
$292,65951
Schedule 5 - Stvrmwater Management
5.1
30" LD. Storm Basin (wl donee grate W,sing. ap_. & angsl
EA
2
$2,200.00
$4,400.O0
2
$4,400.00
5.2
30"I.D. Storm Basin f«r/"ranapp turn.,n& apron,& ringq
EA
5
$2,20D.00
$31,000.00
5
$11,000.00
5.3
48"I.D. Storm Basin fw/napd-gp.,6..wg.apron,&ansrl
EA
1
$3,100.00
$3,100.p0
1
$3,100.00
5.4
48" I.D. Storm Basin lw/wgd wr6caftn p,on,&r[ngsl
EA
11
$4,400.00
$48,400.00
11
$48,400,00
5.5
Water Quality Unit (48" DIAMETERI
EA
D
$0.00
$0.00
a
$0.00
5.6
12" PVC, SDR 35 Storm Main
LF
690
$52A0
$35,880,00
714
$37,128.00
5.7
15" PVC, SDR 35 Storm Main
LF
368
$56.00
$20,60&00
341
$19,096.00
5.8
18" PVC, SOR 35 Storm Main
LF
328
$45.00
$14,760.00
328
$14,76D.00
5.9
24" PVC, SDR 35 Storm Main
LF
596
$100.00
$59,600.00
605
$60,500.00
5.10
19" Flared End Section
EA
2
$375.00
$750.00
2
$750.00
5.11
24" Flared End Section
EA
1
$415.00
$415.00
1
$475.Op
5.12
Detention Pondtgrading. ,hzpmg,aae„rowe,sr�p-raps
LS
1
$36,400.00
$36,400.00
0,9
$33,113.Og
5.13
Pond Outlet Structure
EA
1
$4,500.00
54,500.0a
1
$4,500. 00
5.14
water Quality Unit (72" DIAMETER)
EA
1
$25,000.00
$25,000.00
1
$25,O00.00
SAS
Detention Pond Adjustments tacassr-wench plug,emnankmenq
LS
1
$19,000.00
$19,000.00
1
$19,W0.00
5.16
Water Quality Unit Access Road
SF
1200
$1.60
$1,920.00
1,2Do
$1,920, 00
5.17
Critter Guards
LS
1
$889.49
$889.49
0
$000
SCHEDULE 5 TOTAL
$286,622-49
$283,982.08
Schedule
6 - Dry Utilities, Street Lighting, and Signage
6.1
Utility Trench with Bedding
LF
2850
$7,50
$21,450.0p
3,221
$24,157.50
6.2
6" conduit w/ Pull Rope
LF
975
$5.50
$5,362.50
975
$5,362. 50
6.3
4" Conduit w/ Pull Rope
LF
140
$3.50
$490,00
255
$892.50
6.4
3" Conduit w/ Pull Rope
LF
3000
$3.00
$9,000.00
3.178
$9,534.00
6.5
2" Conduit w/ Pull Rape
LF
6344
$2.50
$15,960.00
5,756
$14,394).po
6.6
1" Conduit w/ Pull Rope
LF
553
$2.O0
$1,106.00
503
$1,D06.00
6.7
Single Phase Utility Vault
LA
g
$850.ap
$7,650.00
9
$7,65O.OD
6.8
Three Phase Utility Vault
EA
2
$1,200.00
$2A130.
2
52,400.00
6.9
Secondary Electrical Pedestal
EA
20
$65.D0
$1,3011
18
$1,170.00
6.10
i
Street Light Concrete Base
EA
6
$900.00
$5,400.00
7
$6,300.00
6.11
Street Signs (2-Stop w/road names, 2-Private Alley)
LS
1
$1,500.00
"'SO .00
0
$0.00
6.12
Additional Street Signs and Painted Curb
L5
1
52,075.DD
$2,075.00
p
$0.00
6.13
Dlredlonal Drilling (6" HOPE) for FEC (Farm to Market)
LF
86
$96.00
$8,256.00
94
$9,024,00
6.14
Direction# Drilling (2" HDPE) for Phone/Fiber (Farm to Market)
LF
172
$44.50
57,654.00
25B
$11,4R1.Do
6.15
6" Lang Radius Sweep
EA
5
5200.00
$1,000.0o
2
$400.00
6.16
3" Long Radius Sweep
EA
63
$52.00
$3,276.0❑
25
$1,300,OD
6,17
2" Long Radius Sweep
EA
126
$48.00
$6,048,00
129
$6,192.00
6.19
1" Long Radius Sweep
EA
19
$42.00
$798,00
1❑
$a2a.o❑
6.19
Installation of Charter -Supplied Roll Pipe for Fiber
LF
1000
$1.8D
$1,800.00
700
$1,260.00
6.20
FEC Revisions due to Driveway Updates
LS
1
$4,739.61
$4,739.61
1
$4,739.61
SCHE0ULE6 TOTAL
$107,165.11
$107,679.11
CIVIL CONSTRUCTION BASE BID TOTAL
$1,532,212.86
$1,460,737-17
Landscape Plan Cost Estimate
L.1
Mobilization, Demobilization, Insurance, Permits
LS
1
$2,500.00
$2,500.00
0
$0.00
L.2
Park/Open Space Grass Seed Mix
LS
1
$14,148.00
$14,148.00
0.5
$7,074.D0
L.3
Deciduous Tree: 2.25" cal sized
EA
60
$27S.00
$16,500 00
0
$0.00
LA
Deciduous Tree: 2.0" cal sized
EA
13
$250.00
$3,250,00
0
$0.00
L5
Coniferous Tree: 5-6' height
EA
20
$280.00
$5,60D.IX3
0
$0-00
L.6
Flowering Tree: 2.0" cal sized
EA
4
$zs❑.❑a
S1,❑❑a.00
D
$❑.❑a
L7
2" City Water Meter for Park and Open Space
EA
1
$2❑,536.00
$20,536.00
1
$20,536.00
L.8
Automatic Controller
EA
1
$2,50D.00
$2,500.00
❑
50.00
L.9
2.5" Irrigation Backflow Preventer
EA
1
$50❑.00
$51)0.00
0
$11.00
L10
Auto Spray Irrigation Valve & Box
EA
22
$150.00
$3,300.00
0
$0.00
L.11
Misc. Wiring
LS
1
$2,000.W
$2,0W.D0
❑
$0,01)
L.12
Quick Coupler
EA
1
$149.00
$149.00
0
$0.00
L.13
4" Sch. 40Irrigation S€eeving
LF
100
$4,00
$400.❑0
0
$0.00
L14
6" Sch.40 Irrigation Sleeving
LF
90
$2,00
$180.00
0
50,00
L.15
Hunter Short Radius MP800, Matched Precipitation Rotator head
EA
70
$18.00
$1,26❑.00
0
$0-00
L.16
Hunter MP1000, Matched Precipitation Rotator Head
EA
52
$10.00
$936.00
0
$❑.0❑
L.17
Hunter MP2000, Matched Precipitation Rotator Head
EA
24
$18.00
$432.00
0
$0.00
L.18
Hunter 1-25 Nozzle 07 Rotary Head., Matched Precipitation
EA
8
$50.00
$400.00
0
$D,00
L.19
Hunter 1-25 Nozzle 15 Rotary Head, Matched Precipitation
EA
54
$50.0❑
$2,700.00
0
$0,00
L.20
2,5" PVC Irrigation Main
LF
819
$3.50
$2,866.50
0
$0.00
L.21
2" PVC Irrigation Main
LF
412
$3.00
$1,236.00
❑
$0.00
L22
2" Poly Irrigation Lateral
LF
706
$z.❑❑
$1,412.00
a
$D.❑o
L.23
11/2" Poly Irrigation Lateral
LF
648
$1.75
$1,134,00
❑
$0.00
L.24
1" PVC Irrigation Main
LF
100
$1.30
$130.00
0
$p.❑❑
L.25
V Poly Irrigation Lateral
LF
3520
$0.80
$2,816.00
0
$0.❑❑
L.26
6' wide Gravel Trail
LF
1010
$12.00
$12,129.00
a
$0.01)
LANDSCAPING TOTAL
$100,005.50
$27,610.00
TOTAL PROJECT BUDGET (INCLUDES LANDSCAPING)
$1,632,218.36
$1,460,737.17
TOTAL ESTIMATED COST OF CONSTRUCTION
$1,632,218.36
approx. % of completed work as of
bonding dot
AMOUNT COMPLETED PRIOR TO BONDING
$1,460,737.17
AMOUNT OF REMAINING WORK PRIOR TO BONDING
$171,481.19
AMOUNTOF BOND {125%OF REMAINING WORK] IF$21M,3Sy.4B
AS PROJECT ENGINEER FOR MEADOWS EDGE SUBDIVISION PHASE IA, I CERTIFY THAT THE WORK
LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY
ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE 15 ESTIMATED TO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
STEPHANIE REYNOLDS, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY:
$1,460,737.17
$171,481.19
$214,351.49
July 1, 2020
STEP'A" E A.
R2857�PE5
APPENDIX H3
Maintenance Agreement
Responsible Party
List the party that shall be permanently responsible for the maintenance of structural or non-structural
measures required by the Operation Manual. (e,g. owner, governmental agency, or other legal
established entity) ed G
Designate personnel for inspection and maintenance:
Name: 0,
Address: ?_ n, 1&, 71 A4- h.
Contact Phone:
Property Descril)tion
List legal description of property
— 1 :2rq
a bn o'(� r 3 titT�8,
��-Z v.i ? p M , H , F L6+- ,r.A.d COux+,L,� 14T
O eration said Maintenance
Has the Operation and Maintenance Manual been created?
xYes ❑No
Responsible Party shall ensure the continued performance of the maintenance obligation in accordance
with the Operation and Maintenance Manual.
Failure to Maintain Stormwater Systems
If the required maintenance and repairs are not being performed and inhibit the intended function of
the stormwater system the City may hire a contractor to perform the required maintenance and bill the
HOA, POA, or responsible property owner.
In the event the HOA, POA, or responsible property owner fail to perform the required maintenance
and repairs to the stormwater facility and inhibit the intended function of the stormwater system, a
stormwater maintenance district program may be formed in accordance with §7-12-4IO2 MCA
incorporating all the lots within a development. The taxes levied within the maintenance district shall
be determined by the Public Works Department with approval by the Kalispell City Council.
By signing the Maintenance Agreement the Responsible Party shall assume full responsibility for the
maintenance f the stormwater system.
Si nature of Responsible Party Date
206
MEADOWS EDGE
REQEST FOR ANNEXATION AND INITIAL ZONING OF R-3 AND B-1
STAFF REPORT #KA-18-04
REQUEST FOR A PLANNED UNIT DEVELOPMENT
STAFF REPORT #KPUD-18-02
REQUEST FOR MAJOR SUBDIVISION PRELIMINARY PLAT
STAFF REPORT KPP-18-05
KALISPELL PLANNING DEPARTMENT
APRIL 27, 2018
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding the request from Meadows Edge, LLC to annex a 112-acre property into the
city. Upon annexation the applicant is requesting R-3 and B-1 Zones with a Residential
Mixed Use Planned Unit Development (PUD) zoning overlay and major subdivision
approval for a 92-lot residential subdivision. The property is undeveloped tract land
located at the northwest corner of the intersection of Three Mile Drive and W.
Springcreek/Farm to Market, west of the Mountain Vista Estates Subdivision. A public
hearing has been scheduled before the planning board for May 8, 2018, beginning at 6:00
PM in the Kalispell City Council Chambers. The planning board will forward a
recommendation to the Kalispell City Council for final action.
A. Petitioner and Owners: Meadows Edge, LLC (Jason McDonald)
P.O. Box 7184
Kalispell, MT 59901
(320) 221-0280
Technical Assistance: WGM Group
431 1st Avenue East
Kalispell, MT 59901
B. Background Information Meadows Edge, LLC is requesting permission to annex a
112-acre property into the city. Upon annexation the applicant is requesting R-3 and
B-1 Zones with a Residential Mixed Use Planned Unit Development (PUD) zoning
overlay and major subdivision approval. The development will consist of 218
residential. lots (322 units), 5.7-acres of neighborhood commercial, parkland, open
space/wetland conservation, storm water and city streets. This is a multi -application
process and the applicant has submitted the following applications:
• Annexation and Initial Zoning - The subject property will be annexed under
the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by
Petition. Upon annexation by the city, the property will be served by city
police, fire and have access to city sewer and water services. The applicant is
requesting that the zoning for the property be R-3 and B-1. The initial city
zoning classification will be reviewed in accordance with Section 27.03.010(4)
of the Kalispell Zoning Ordinance and the itemized criteria described by 76-2-
304, M. C.A.
West: County AG-80 WVO
H. Proposed Zoning: The proposed zoning of the subject property is City R-3 and City
B-1 with a Residential Mixed Use PUD zoning overlay. The PUD functions in concert
with the R-3 and B-1 Zone to provide a comprehensive, integrated development plan.
In this case the development is seeking 5.7-acres of neighborhood commercial use at
the intersection of Three Mile Drive and W. Springcreek, 171 single-family units, 50
two-family units, 21 three-family units and 80 four -family units. The zoning will be
further outlined in this report.
I. General Land Use Character: The area can be described as a transitional area with
city residential development to the east of the project site. The residential densities
vary greatly in the area as it continues to develop from rural residential and
agriculture uses to urban residential uses. To the south, north and west of the
project site lies areas within the county that are still either large lot residential tracts
or unimproved agriculture lands. City annexations and subsequent residential
development along Three Mile Drive has transitioned that corridor into a more urban
land use. City subdivisions along Three Mile Drive include Mountain Vista, Spring
Creek Estates, Cottonwood Park, Blue Heron, Empire Estates and Aspen Creek,
which have all developed in close proximity of the proposed development. Aspen
Knoll, Two Mile Tracts, Big Sky Homesites and Hillcrest Terrace are larger lot county
residential subdivisions that have developed along Two Mile in close proximity to the
proposed development to the south. The area clearly has a residential demand based
off of the land use pattern in the area and the proposed use would be considered a
continuation of that pattern which has taken advantage of the increased services in
the area, including water, sewer and the bypass.
J. Utilities and Public Services: Existing city infrastructure in this area includes city
water and sewer Iines within Spring Creek Estates and Mountain Vista.
Additionally, the West Side Sewer Interceptor will be constructed through the
Rockwood Ranch property to the southeast in the coming months. The West Side
Sewer Interceptor will provide adequate sewer capacity for this development and for
development on the north end of town.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #1, West Valley Elementary
Fire:
City of Kalispell Fire Department
Police:
City of Kalispell Police Department
I. ANNEXATION EVALUATION
Compliance with the growth policy:
Two primary mechanisms for managing growth in the City of Kalispell exist which
are to rely on redevelopment and inf ll within the current city limits or annexation
the Rural Fire District. At the time of annexation, the property will be served by
the Kalispell Fire Department and Kalispell Police Department. The site lies
within 3.4 miles of fire station 62 and is readily serviceable by the city fire, police
and ambulance services all of which now respond to the immediately adjacent
neighborhoods within the city.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
3. Distance from current city limits:
The subject property is bordering city limits on its eastern property boundary,
thus annexation will serve to be a logical expansion of the existing city limits.
4. Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction standards and any other development policies, regulations or
ordinances that may apply. If annexed, the property owner will be extending and
connecting to city sewer and water at the time of development.
The analysis is only an estimate based on a variety of assumptions. The analysis
does not take into consideration changes in methods of assessment and estimated
costs associated with services. The information can only be used as a general
estimate of the anticipated cost of services and revenue.
The cost to serve the land proposed for annexation is shown in the attached cost
of service analysis - Initial Annexation. Currently, the subject property is vacant
land and there will be no services provided to the property. Based on the city's
taxation and assessment policies, the property will generate approximately
$14,737.41 in taxes and $2,288.27 in assessments. Based on this analysis, the
annexation will be net gain to the city of $17,025.68.
The cost to serve the development of the project is shown in the attached cost of
service analysis - 100% buildout of 322 residential units. Based on the city's
taxation and assessment policies, the property will generate approximately
$259,517 in taxes and $79,616 in assessments. Cost of services for the property
is approximately $337,120. Based on this analysis, the project will be a net gain
to the city of $2,013. In addition the city will collect $3,007,480 in one time
impact fees. It should be noted that the commercial component to the subdivision
was not included in the full-buildout, as we don't know how that property will
develop. It is likely that once the commercial component to the property is
developed there will be additional gain to the city, as the commercial component
will require less services and generates more tax revenue.
W
constraints. The proposed B-1 Zone is in keeping with the Growth Policy map
which designates the entire intersection of Three Mile Drive and West Spring
Creek/ Farm to Market as a Neighborhood Commercial zone at the scale proposed
and anticipates that. area serving the full buildout of residential uses surrounding
that area. The B-1 Zoning will provide for an area that the neighboring residential
developments can have access to services that address their daily needs without
having to make prolonged trips into other areas of the city. The B-1 Zoning will be
in close enough proximity that it will be accessible for pedestrians and cyclists,
reducing overall vehicle trips throughout the community. Lastly, the B-1 Zone
meets the city's goal of providing adequate areas in the community for commercial
development that meets the needs of present and future business in terms of cost,
type, design and location.
A Residential Mixed Use PUD will function in concert with the R-3 and B-1 Zones
to provide a comprehensive, integrated development plan providing flexibility of
architectural design, density as well as the option to mix land uses. In this case,
the development is seeking 5.7-acres of neighborhood commercial use at the
intersection of Three Mile Drive and W. Springcreek/Farm to Market, 171 single-
family units, 50 two-family units, 21 three-family units and 80 four -family units.
The Growth Policy states that a variety of housing types and compatible land uses
are encouraged in residential areas and should be designed to fit the scale and
character of the neighborhood. Where necessary developers should utilize the
Planned Unit Development process to craft development proposals that are both
innovative and creative, while maintaining the values of the community. The
requested Residential Mixed Use PUD request is further outlined in Section 3
below.
Based on the above discussion, the requested zoning districts can be found to
comply with the Suburban Residential and Neighborhood Commercial land use
designations. The proposed zoning implements the policies regarding housing and
commercial development as found in Chapter 4 of the Kalispell Growth Policy
Plan -It 2035. Further growth policy compliance is outlined in this report for
specific aspects of the project.
2. Is the requested zone designed to lessen congestion in the streets?
The B-1 Zoning will provide for an area that the neighboring residential
developments can have access to services that address their daily needs without
having to make prolonged trips into other areas of the city. The B-1 Zoning will be
in close enough proximity that it will be accessible for pedestrians and cyclists,
reducing overall vehicle trips throughout the community. Additionally, a traffic
impact study for the development was completed by WGM Group. The traffic
study was prepared using standard techniques to forecast traffic volumes and
operations at the proposed site access points and 10 nearby study intersections.
Capacity analysis was presented with both with and without the traffic generated
by the proposed subdivision to determine what impact the proposal will have on
traffic operations. The analysis concluded that the road network will continue to
operate with good level of service and the study did not identify any unusual
safety issues. The study concluded that no changes to the roadway network are
required as a result of the proposed development. Upon submitting the project to
Public Works for review, the traffic study will be further evaluated by staff to
7
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Municipal water and sewer can be extended to the property from the Mountain
Vista Estates subdivision for the first phase of the development. Additionally, the
West Side Interceptor is being constructed through the Rockwood Ranch property
to the southeast which will to provide for further development on the west and
north sides of the Kalispell planning area. Subsequent phases of the development
(2-5) will likely require the developer to hook into the West Side Sewer Interceptor,
as there is limited sewer capacity available within the infrastructure in place
through Mountain Vista. Once the development ties into the West Side Interceptor
there will not be any sewer capacity issues for the entire buildout of the
development. The developer would need to extend the needed city services that are
not currently in place at the developers' expense in accordance with the city's
policies and standards.
New improvements to the property such as roads, water, sewer and drainage would
be installed in accordance with city policies and standards at the developers'
expense prior to subdivision approval thereby insuring that there is adequate
provision of services at the site prior to development. Fire, police, ambulance and
public access are adequate to accommodate potential impacts associated with the
development of this site. There will be impacts to services that can be anticipated
as a result of this proposal which can be met by the city. All public services and
facilities are currently available or can be provided to the property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
As outlined earlier, the requested zones of R-3 and B-1 with a PUD overlay are the
appropriate designations for the growth policy land uses assigned to the property on
the Kalispell Growth Policy Future Land Use Map. The growth policy map is a long-
range planning document providing guidance to the city on how specific areas of
the city should develop over time. The requested zones are in compliance with the
growth policy and the city anticipated the property would develop in the requested
manner. Based on the proposed uses and densities of the PUD, the requested
zoning does give consideration to the particular suitability of the property for the
particular uses.
10, Does the requested zone give reasonable consideration to the character of the
district?
The neighborhood immediately to the east of the subject property has developed
very similarly to the requested development. The proposed zoning allows this
development to address needs within the community for a variety of housing types
in reasonable proximity to the city core and future commercial and residential
development. Availability of public water and sewer to the area indicate that this
type of development will continue to occur on the urban fringes of the community.
The proposed zoning and PUD master plan of the property gives reasonable
consideration to the character of the district, as it is similar to existing
developments in the area.
7
Section 27.19.030(2)(4) states that the R-3 PUD can be developed at a maximum
density of 4 dwelling units per developable acre. The property is being developed at
3.45 dwelling units per acre.
e) Commercial uses appropriate to a mixed use PUD are the same as those
permitted in a commercial PUD.
Commercial PUD's must be a minimum of 2-acres in size and established in the B-1-
B-5, P-1 and H-1 Zones. The commercial component to the project is 5.7-acres in size
and within the B-1 Zone.
f) Incompatible industrial and commercial uses are not permitted.
The B-1 Zone is a Neighborhood Commercial Zone and has use limitations and
standards appropriate for neighboring residential uses.
g) The combined area of all commercial/industrial lots cannot exceed 35%
of the developable area.
The B-1 Zone encompasses 5.5% of the developable area.
The PUD overlay would allow for one deviation from the Kalispell Zoning Ordinance in
regards to allowable uses for Meadows Edge to implement its master site plan. The PUD
would serve as a zoning overlay district for the entire 112-acre site. It will function in
concert with the underlying zones of R-3 and B-1. In order to allow the design of the
future development shown as part of the application, the proposed PUD seeks A
deviation from the underlying R-3 zoning designation in the following ways:
Section 27.06.020 Permitted Uses - Townhouse development within the R-3 Zone
requires a conditional use permit. This deviation would allow for construction of
townhomes (up to four attached units) within the development as a "permitted use." The
result of this request would mean that ultimate approval of all the townhomes would not
require public review, i.e. - Planning Board and Council approval. The development has
52 townhouse lots configured in two unit, three unit and four unit configurations. The
lots will be developed as 50 two-family units, 21 three-family units and 80 four -family
units for a total of 151 townhouse units. Townhouse development is not out of character
for city development within the area as Mountain Vista immediately east of the subject
property has townhomes. To clarify, this deviation would allow for townhouse densities
of one dwelling unit per 3,000 square feet, as the minimum lot size in the R-3 Zone is
6,000 square feet. It should be noted that the developer is not proposing densities less
than 4,000 square feet per dwelling unit. The developer has submitted site plans and
elevations of the proposed townhouse units. The townhouse units will have a single -
shared driveway approach that fans out providing access into the units. The sinlge
driveway approach is a better design for snow storage, as multiple curb cuts along a
street profile do not allow for adequate snow storage. Additionally, the single driveway
approach provides for a larger area within the boulevard to install services, utilities, etc.
IV. Criteria for the Creation of a Planned Unit Development (PUD1 District
The intent of the PUD district is to serve as an overlay zoning district. The Kalispell
Zoning Ordinance describes the intent of a PUD district as follows: "The district shall
11
Chapter 5, Natural Environment:
Goal: Protect wetland and riparian areas since they are important in flood protection,
maintaining water quality, and providing habitat.
Policy: Protection of wildlife and wildlife habitat should be encouraged and wildlife
corridors should be conserved and maintained. The project conserves 13.8-acres of
wetland area which provides important habitat for wildlife in the area. Additionally, an
unnamed seasonal stream traverses the property in the middle from east to west that
will be maintained as open space. This area will remain unfenced providing an additional
corridor for habitat.
B. The extent to which the PUD departs from the underlying zoning and the
reasons why such departures are or are not deemed to be in the public
interest, and the mitigating conditions that the PUD provides to address the
deviations;
In order to allow the design of the future development shown as part of the application,
the proposed PUD seeks deviations from the underlying R-3 zoning designation in the
following way:
Section 27.06,020 Permitted Uses -- Townhouse development within the R-3 Zone
requires a conditional use permit. This deviation would allow for construction of
townhomes within the development as a "permitted use." The result of this request
would mean that ultimate approval of all the townhomes would not require public
review, i.e. - Planning Board and Council approval. The development has 52 townhouse
lots that will total 151 units once developed. Townhouse development is not out of
character for city development within the area as Mountain Vista immediately cast of the
subject property has townhomes. This would allow townhouses on a 6,000 square foot
lot (1 unit per 3,000 square feet). Additionally, the townhouse residences will have to
have approval from the "Architectural Control Committee" as outlined in the HOA bylaws
assuring that development is compatible with the rest of the development.
C. The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such
departures are deemed to be in the public interest, and the mitigating
conditions that the PUD provides to address the deviations;
The project does not have any deviations from the subdivision regulations.
D. The overall internal integrity of the PUD including the appropriate use of
internal design elements, the use of buffers between different land uses, the
use of transitions between uses of greater and lesser intensity, the use of
enhanced design features to provide connectedness for both vehicle and
pedestrian traffic throughout the PUD and the use of innovative and
traditional design to foster more livable neighborhoods;
As stated previously, the Residential Mixed Use PUD proposes 5.7-acres of 3-1 Zone
along with the R-3 Zone. The B-1 Zoning will provide for an area that the neighboring
residential R-3 Zone can have access to services that address their daily needs without
13
I. Public Services
Police and Fire Services
The property will be served by the Kalispell Fire Department and Kalispell Police
Department. The site lies within 3.4 miles of fire station 62 and is readily
serviceable by the city fire, police and ambulance services all of which now
respond to the immediately adjacent neighborhood.
Water and Sewer
Municipal water, sewer and city streets will be extended to the property from the
Mountain Vista Estates subdivision to the east. Additionally, the West Side Sewer
Interceptor is being constructed through the property to the southeast this coming
year. The West Side Sewer Interceptor is a large sewer main 24"-30" in size that is
being constructed in order to provide for new growth in the city. The sewer flows
will be conveyed via the West Side Interceptor to the wastewater plant located near
the Kalispell Airport, which has the capacity for this and further developments. The
water and sewer lines located within Mountain Vista Estates are sized to
accommodate Phase 1 of this development. The remaining phases will require the
developer to tie into the West Side Sewer Interceptor prior to development. Final
design and engineering plans will be reviewed in accordance with the city's policies
and standards at the time of future phases, including city facilities plans. The
developer is responsible for extending the needed city services in accordance with
the city's policies and standards at their expense.
The City of Kalispell requires developments to complete a minimum of two-thirds
of the necessary public infrastructure (water, sewer, roads, etc.) prior to filing the
final plat for subsequent subdivisions. This condition has been included in the list
of conditions to insure that prior to issuing a building permit on a new lot, there
is access which meets the fire department's minimum standards as well as
adequate water and sewer services are available for each phase.
Storm Water
A preliminary storm water report has been prepared showing that storm water will
be conveyed from the new development via impervious surfaces to cubs where it will
be conveyed into retention/detention ponds within an open space area near Farm
to Market Road. Each of the ponds will hold storm water for that immediate area
and allow it to slowly percolate into the ground. Storm water runoff from the site
shall be managed and constructed per the City of Kalispell Construction and Design
Guidelines. Final design will be approved by Kalispell Public Works Department
prior to building permit issuance. Additionally, prior to receiving a building permit
the developer will need to submit a construction storm water management plan to
the Public Works Department. This plan will need to show how storm water will be
treated and where it will be directed during construction activities.
2. Control over vehicular traffic
A traffic impact study for the development was completed by WGM Group. The traffic
study was prepared using standard techniques to forecast traffic volumes and operations
15
The development has provided for individual automobiles, pedestrian and bicycle traffic
in the PUD proposal. To provide for a greater diversity of transportation options planning
staff would recommend that the developer work with Eagle Transit to establish at least
one bus stop location in the project site, preferably within the Neighborhood Commercial
area. Eagle Transit provides transportation in a safe manner for the transportation -
disadvantaged and the general public of Flathead County and has a fixed route within
the county and has several bus stops within the City of Kalispell. Currently, there is not
a bus stop in this area of the city. With this development and Rockwood Ranch it may be
time for Eagle Transit to consider a stop in the project area to serve the residents on this
end of town, as upon completion of these development there will be a significant number
of residents along Three Mile Drive.
C. Visual enjoyment
The project accomplishes this by including the following in the PUD plan:
The Meadows Edge HOA establishes an Architectural Control Committee that will
be responsible for reviewing building plans, landscaping and fencing plan
prepared by a licensed architect or designer, showing the design, location,
material, color and exterior finish of proposed improvements. Additionally, the
developer is constructing alleys in order to build housing units more similar to
the historic area of Kalispell and Spring Creek Estates where the garages are
accessed in the back of the property. The design guidelines provide housing
standards to maintain the visual quality of the entire project.
• The developer has submitted site plans and elevations of the proposed townhouse
units. The townhouse units will have a single -shared driveway approach that fans
out providing access into the units. The single driveway approach will be more
visually appealing from the street since there will be limited curb cuts for
driveways which will allow for more landscaped boulevard area and street trees.
• The 4-acre developed park is central to the site and can be accessed via the
contiguous sidewalk system with multiple access points.
• There is also a 20 foot landscaped buffer strip along the properties western
property boundary in order to provided for additional separation from the
agriculture operations on the neighboring properties to the west.
• The project conserves 13.8-acres of wetland area, which provides important
habitat for wildlife in the area. Additionally, an unnamed seasonal stream
traverses the property in the middle from west to east that will be maintained as
open space. This area will remain unfenced providing an additional corridor for
habitat and passive recreational opportunities.
• All of the arterials surrounding the development will be upgraded to city
standards, which will include landscaped boulevards, street trees and a trail
system. Additionally, all of the city streets within the development will be built to
city standards including landscape boulevards and street trees.
17
following the completion of Phase 1 and so on through Phase 5, which is the commercial
component to the subdivision. Maintaining the integrity of the subdivision would include
the staff discussion, outlined earlier, highlighting the necessary street improvements
that should be completed with each phase. As long as those improvements are installed
with each corresponding phase the development will be able to stand on its own if for
some reason development of the subdivision lapses for a period of time. Section
27.19.020(10), Abandonment and Expiration, outlines procedures to be followed when
the PUD fails to comply with a completion schedule.
Part of the requirements of the PUD is that the developer would enter into an agreement
with the City of Kalispell to adequately insure that the overall integrity of the
development, the installation of required infrastructure, architectural integrity and
proposed amenities, are accomplished as proposed. A recommended condition of
approval for the PUD would require this agreement be in place prior to filing the final
plat for the first phase of the project.
b. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance or Subdivision
regulations can be identified based upon the information submitted with the application
other than those addressed in this report.
V. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT
The applicant is requesting a major subdivision on 39-acres of the 112-acre property
into 92 residential lots. The subdivision will include 22-acres in lots, 9-acres in city
streets and 8-acres in open space. The proposed subdivision is the first phase of five (5)
subdivision phases. The application will be reviewed in accordance with Section 28.2.06
of the Kalispell Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The property is considered to be at low risk of fire because the subdivision
will be constructed in accordance with the International Fire Code and have
access which meets city standards. The site is within the immediate service area of
the north Kalispell fire station, as they currently respond to the city developments
adjacent the subject property.
Flooding: According to Flood Insurance Rate Map, panel 30029C1805J, dated
November 4, 2015, none of the property proposed for development is within a
mapped flood area.
Access: There are two accesses to serve Phase 1 coming from Farm to Market and
Three Mile Drive. Farm to Market and Three Mile Drive are improved roadways
that provide access into the greater transportation network.
B. Effects on Wildlife and Wildlife Habitat: There are no known big game
wintering ranges, migration routes, nesting areas, wetlands, or important habitat
for rare or endangered species per the Kalispell Growth Policy environmental
considerations maps. There will be a 13.8-acre wetland conservation area at the
northern boundary of the subject property that will remain undeveloped. The
19
the road network to the subdivision provides adequate access for fire protection.
Solid Waste: Solid waste will be handled by the city. There is sufficient capacity
within the landfill to accommodate this additional solid waste generated from this
subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is approximately 2.5
mile from the site.
E. Effects on Agriculture and agricultural water user facilities:
The site has been traditionally used for agricultural uses including crop
production. According to the Kalispell Growth Policy Resources and Analysis
Section, "Important Farmlands" map, the project generally has a farmland
classification of "prime farmland' when irrigated.
Lands to the west are still primarily used for agricultural purposes. With the
approval of this subdivision water and sewer service will be extended to the site.
This extension of services will impact the agricultural land use in the area. The
effect this subdivision would have on adjacent agricultural land would be the
potential for more land currently in agricultural production to convert to relatively
higher density residential subdivisions due to the close proximity of water and
sewer mains.
Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use:
Natural Environment, state the following:
Policy - Encourage urban growth only on agriculture lands entirely within the
city's annexation policy boundary.
By providing a growth area boundary, the city can entertain requests for
annexation, which in turn lead to the extension of water and sewer services. This
enables more of the growth to come into the City of Kalispell and connect to city
water and sewer, and have police and fire protection that the City offers its
residents. Allowing higher density development within the city's growth policy
area, it could reasonably be expected that more farmland could be conserved
because the availability of residential and commercial lots within the Kalispell
Growth Policy boundary, limiting sprawl/leapfrog development.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future
Land Use map for the area anticipates this area to be developed as Suburban
Residential. The development of Phase 1 as 92 residential lots is consistent with
the Kalispell Growth Policy land use designation.
G. Compliance with Zoning: The property being subdivide is located within an R-
3/PUD Zoning District, provided the property is annexed and is given the zoning
designation as outlined in the report. The submitted preliminary plat application
is in compliance with all applicable zoning regulations outlined herein.
21
5. Architectural renderings for all commercial buildings are required to be
submitted to the Kalispell Architectural Review Committee for review and
approval prior to issuance of a building permit.
6. To ensure the traffic flow and access comply with Kalispell Design and
Construction Standards, the development shall receive Site Review Committee
approval prior to issuance of the building permit for development within the B-1
Zone.
7. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design
and Construction. All design work shall be reviewed and approved in writing
by the Kalispell Public Works Department prior to construction. This
infrastructure shall include but not be limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
8. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and in compliance with the city's facilities update and extensions of services
plans. The water and sewer main extension plans shall be reviewed and
approved by the Kalispell Public Works Department. Prior to final plat, a
certification shall be submitted to the Public Works Department stating that
the water and sewer mains have been built and tested as designed and
approved.
9. The sewer for Phases 2-5 shall be designed to connect into the West Side
Sewer Interceptor. Final design plans shall be reviewed and approved by the
Kalispell Public Works Department prior to final plat of Phase 2.
10. The developer shall submit to the Kalispell Public Works Department for
review and approval a stormwater report and an engineered drainage plan that
meets the requirements of the current City standards for design and
construction. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the drainage plan for the subdivision has been
installed as designed and approved.
11. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a
copy of all documents submitted to Montana Department of Environmental
Quality for the General Permit for Stormwater Discharge Associated with
Construction Activities.
12. Prior to final plat a letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City of
Kalispell or a proper bond has been accepted for unfinished work.
13. The traffic impact study for the project site shall be reviewed and approved by
the Public Works Department and where appropriate, the Montana
Department of Transportation in order to determine the appropriate mitigation
as the project develops.
23
23. All utilities shall be placed underground and in locations that are approved by
the Kalispell Public Works Department in accordance with the Kalispell
Standards for Design and Construction.
24. The following public right-of-way improvements shall be completed at each
phase of the development:
a. Phase 1 - West Spring Creek/Farm to Market shall be updated to city
standards along the property boundary from Mountain Vista Way south to
the intersection with Three Mile Drive.
b. Phase 2 -- Three Mile Drive shall be upgraded to city standards along the
property boundary from the western terminus of the development to the
eastern terminus of the development.
c. Phase 3 - Farm to Market shall be upgraded to city standards from
Mountain Vista Way north to the properties northern property boundary.
25. The paths located within Three Mile Drive and W. Spring Creek/Farm to
Market shall be maintained by the Meadows Edge HOA.
26. The alleyways within the development shall be designated as "private" at time
of final plat.
27. Subdivision signage for the development shall comply with Section
27.22.050(6) of the Kalispell Zoning Ordinance.
28. A homeowner's association (HOA) shall be formed and established for the
common areas prior to final plat.
29. All properties along the western boundary of the subdivision shall install
uniform rear yard fencing prior to certificate of occupancy of those residences.
30. A note shall be placed on the final plat that stating: "This subdivision is
located in an agriculture area and potential nuisances such as noise, dust,
odors, and irregular hours of operation are to be expected. As such, the right
to farm on adjoining properties shall not be restricted as a result of the
development or occupancy of this subdivision."
31. The developer shall work with Eagle Transit to establish bus stop location(s)
within the Meadows Edge PUD. The approved bus stop location(s) shall be
included on a revised PUD plan and submitted with the preliminary plat of
phase 5. Bus stop location(s) shall be improved in accordance with Eagle
Transit's requirements, which may include a bus shelter. This condition is
waived if Eagle Transit provides a letter in writing that it will not serve the
development.
32. Prior to filing the final plat, a letter from the US Postal Service shall be
included stating the Service has reviewed and approved of the design and
location of the mail delivery site. The mail delivery site shall be installed or
bonded for prior to final plat of Phase 1. In addition, the mail delivery site and
25
RESOLUTION NO.5874
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PHASE 1 OF MEADOWS EDGE, DESCRIBED AS TRACT 3 OF COS 18892 IN THE EAST
HALF OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
NITTEREAS, Meadows Edge, LLC, the owner of the certain real property described above, has
petitioned for approval of Phase 1 of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
May 8, 2018 on the proposal and reviewed Subdivision Report #KPP-18-05 issued by
the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phase 1 of Meadows Edge, subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of .tune 4, 2018,
reviewed the Kalispell Planning Department Report ##KPP-18-05, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-05 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Meadows Edge, LLC for approval of the Preliminary
Plat of Phase I of Meadows Edge, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
The Planned Unit Development for Meadows Edge allows the following deviations from. the
Kalispell Zoning Ordinance:
a) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows up to four
(4) attached townhoines as a permitted use.
That the development of the site will be in substantial conformance with the preliminary plat
documents entitled Meadows Edge and associated submittal drawings which shall govern
location of the lots, easements, roadways, phasing plan, covenants and declarations,
landscaping, fencing, parkland, uses and pedestrian access facilities.
The preliminary plat approval for the development shall be valid for a period of three years
from the date of approval.
13. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and where appropriate, the Montana Department of Transportation in
order to determine the appropriate mitigation as the project develops.
14. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are
necessary at the intersection of the roadways, these improvements shall be completed to the
satisfaction of the NOT prior to final plat and MDT shall so certify this in writing to the city.
15. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by either the Public Works
Department or Montana Department of Transportation. A letter from the Kalispell Public
Works Department or Montana Department of Transportation shall be submitted stating that
all new infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
16. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
17. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the open space, landscape
boulevards and streets serving the subdivision.
18. A park maintenance district steal I be formed incorporating all the lots within the subdivision.
The park maintenance district shall not be effective until such time as any open space or
Parks are accepted by the city. In this case an assessment would be levied within the
maintenance district to be determined by the Parks and Recreation Department- with
approvals by the Kalispell City Council,
19. A park plan steal l be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1.
20. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
21. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether pub[ic or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the consttiiction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
designated an this plat as "Utility Easement" to have and to hold forever'."
32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shalt be installed or bonded for prior to final plat of Phase I. In addition,
the mail delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department, The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
33. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
SECTION 3. 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 SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 4TH DAY OF JUNE, 2019.
ATTEST:
4,Akice Brunckhorst, CMC
City Clerk
Mark John nj
Mayor
October 12, 2018
Stephanie Reynolds, PE
Project Engineer
WGM Group, Inc.
431 1 st Ave West
Kalispell, MT 59901
RE: Meadows Edge Subdivision — Phase 1 A — Engineering Conditional Approval
Dear Ms. Reynolds,
The construction drawings dated October 11 and 12, 2018 for the above project are hereby
approved contingent on the following items:
I . PIease provide the geotechnical recommendations for the construction of the detention
pond embankments when available and modify the plans as necessary.
2. Prior to the approval of the remaining portion of Phase 1, the north/south pedestrian
ramps at the intersection of Mountain Vista way and Farm to Market Road shall be
installed.
Please provide the City with electronic set of the plans when these contingent modifications have
been addressed. Final acceptance of public improvements will not be approved by the Public
Works Department until contingent items have been completed. Two reviews were completed
during this process at a cost of $180 each. Please send a check to the Building Department for
$360.
Approval does not relieve you, nor the contractor from designing or constructing this project in
accordance with the City Standards currently in effect. If more than 18 months lapse before
completing construction, plans and specifications must be resubmitted and approved before
construction continues. Any modifications made to these approved plans shall be submitted for
review prior to construction.
2011'Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831
www.kalispell.com
MUNICIPAL FACILITIES EXCLUSION CHECKLIST
Required under § 76-4-127 MCA
(formerly called master plan exclusion)
t . Does this subdivision affect property with an existing Title 76-4 Approval? Yes No X
If yes, then you may not use the Municipal Facilities Exclusion for this subdivision
2. Name of Subdivision: uEADOWS EDGE SUBDIVISION. PHASE 1A
Name and address of the applicant: EDGE, LLC
BOX 7148, KALISPELL, MT 59904
4. Name and address of engineer: WGN1 GROUP, INC. (STEPHANIE A. REYNOLDS, P.E.)
431 1 STAVE W, KALISPELL, MT 59901
5. Location of the subdivision to the city or town, vicinity map attached: Yes X No
6. Copy of the Plat or Certificate of Survey or Unit Declaration and floor plan with exemption
citation. Attached X
7. Number of parcels or units in the subdivision: as
S. A copy of any applicable zoning ordinances in effect: SEEATTACHED
9. Copy of Growth Policy, if applicable: On file X Attached:
10. Will an extension of the existing sewer main(s) be necessary to serve this subdivision?
Yes X No
1 1. Will an extension of the existing water main(s) be necessary to serve this subdivision?
Yes X No
12. How construction of the sewage disposal and water supply systems or extensions will be
financed. : BY APPLICANT
13. Has the governing body reviewed and approved plans to ensure adequate storm water drainage
Yes x No
14. Exclusion Checklist review fee, ($100) included: Yes X No
I certify that the subdivision or division is within an area covered by a growth policy pursuant to Title 76,
chapter 1, MCA, or within a first-class or second-class municipality, as described in Section 7-1-4111,
MCA.
I certify that adequate storm water drainage and adequate municipal facilities will be provided for the
subdivision. I further certify that the governing body has reviewed and approved plans to ensure adequate
storm water drainage.
For subdivisions subject to the Montana Subdivision and Platting Act, I certify that adequate municipal
facilities for the supply of water and disposal of sewage and solid waste are available or will be provided
within the time provided in Section 76-3-507, MCA.
I further certify that I am authorized to sign this form on behalf of the governing body.
Name d HI Houski, A t� Signature
Dept t oQ k's Title
J r
City kCrc,, i f Zip Phone ,�j15 — '777 20
Please sign and send with the $100.00 review fee to:
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
SUBDIVISION REVIEW SECTION, PERMITTING AND COMPLIANCE DIVISION
PO BOX 200901
HELENA, MT 59620
Revised 06/I7
Q,4m,Montana [department
of Environmental Quality
October 16, 2018
Stephanie A Reynolds PE
WGM Group
151 Buisness Center Loop Suite A
Kalispell MT 59901
RE: Phase One Priliminary Plat Meadows Edge
Municipal Facilities Exclusion
EQ# 19-1188
City of Kalispell
Flathead County
Dear Ms. Reynolds;
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d), MCA, this subdivision is not
subject to review, and the plat can be filed with the county cleric and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water
Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76,
Chapter 4.
Sincerely,
Rachel Clark
Department of Eriviromnental Quality
Engineering Bureau
Public Water & Subdivision Review
(406) 4-44-6722
email rclark c�mt. og_v
cc: City Engineer
County Sanitarian
Owner
file
Steve Bullock, Governor i Tom Livers. Director I P.O. Box 200901 1 Helena, NET 59620-0901 1 (406) 444-2544 1 www.decl.mt.gov
D E.Ag QM,- q N
Montana Department
or Environmental Quality
October 16, 2018
Stephanie Reynolds, PE
WGM Group
151 Business Center Loop, Suite A
Kalispell, MT 59901
Re: City of Kalispell — PWSID#MT000259
Meadows Edge Subdivision Phase 1A — Water & Sanitary Sewer Main Extensions
EQ#19-1189 Approval
Dear Ms. Reynolds:
Thank you for the plans and specifications, engineering report and geotechnical report for the proposed
water and sewer main extensions associated with the Meadows Edge Phase 1A subdivision in
Kalispell, received August 16, 2018 through October 15, 2018, under the Professional Engineer's seal
of Stephanie A. Reynolds, #28574PE. The proposed water and sewer extension was reviewed in
accordance with Circular DEQ-1 design standards, 2014 Edition and Circular DEQ-2 design standards,
2016 Edition. City of Kalispell approval was received on October 15, 2018.
The Meadows Edge Phase 1A development received approval of the Municipal Facility Exclusion on
October 16, 2018. As such, the City of Kalispell is responsible for the on -site storm water runoff review
within this development.
The plans and specifications for the water and sanitary sewer mains proposed in Meadows
Ede Phase 1A received October 15 201$ are hereby approved. One copy of the plans and
specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A
second set will be retained as Department Record.
As a part of this project, a deviation was requested and granted from DEQ-1 Section 8-8.3(b), with City
input, allowing the water and sewer main crossing to be installed with less than 18-inches of clearance,
in accordance with the approved plan detail, requiring Plowable fill.
The water main extension includes installation of: approximately 1800 feet of 8-inch diameter water
main (C900 PVC Ct_.150), 90 feet of 8-inch diameter water main (HDPE DR11), 8 gate valves, four fire
hydrant assemblies, one connection to the existing water main near the intersection of Farm to Market
Road and Mountain Vista Way, and three dead end caps. 44 residential service connections will be
installed as a part of this phase. Fire hydrant flow testing and water modeling illustrate that fire flow
capacity of approximately 3000 gpm at 20 psi can be provided.
Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8986 1 www deq,mt,gov
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March 28, 2019
City of Kalispell
Public Works Department
Attn: Mark Crowley
201 V Avenue East
Kalispell, MT 59901
Re: Meadows Edge Subdivision Phase 1A
Certification Letter for Completion of the Storm Sewer System
Dear Mark:
WGM Group, Inc. certifies the stormwater conveyance and management improvements
have been completed in substantial conformity with the approved construction plans and
specifications dated 10/11/18. These improvements consist of storm sewer mains,
stormwater catch basins and manholes, a water quality unit, and stormwater detention
pond. Since the roads are currently being bonded for through a Subdivision Improvement
Agreement, the catch basin drainage grates within the right-of-way have not yet been
installed. However, these grates are on -site and will be installed prior to paving later this
year.
Upon City acceptance of the project, the stormwater infrastructure within public right-of-
way will be maintained by the City and the stormwater infrastructure within the open space
areas will be maintained by the Meadows Edge HOA. If you have any questions, please feel
free to give me a call at (406) 756-4848 or email me at sre nolds w m rou .com.
Sincerely,
WGM Group, Inc.
Stephanie A. Reynolds, P.E.
Senior Project Engineer
431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406,756.4848 1 EMAIL sreynolds@wgrngroup.com
D E.Qt`70ntdna Department
Of Environmental Quality
October 24, 2018
Charles Pisk
MEADOWS EDGE SUBDIVISION PHASE I
SANDRY CONSTRUCTION CO INC
Po Box 507
Big Fork, MT 59911
RE: Confirmation Letter, Notice of Intent (NOI) MTRI07600
MEADOWS EDGE SUBDIVISION PHASE lA
Dear Charles Pisk:
The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application
package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water
Discharges Associated with Construction Activity (SWC-GP) on 10/25/2018. Your authorization number under
the SWC-GP is MTR107600. Please include this number on any correspondence with DEQ regarding this site.
This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the
information you provided other than project location as it relates to sage grouse habitat. Your signature on the
NOI certifies that you have read, understand, and are implementing all applicable requirements.
Specifically, the SWC-GP:
Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP),
Defines the inspection process, and
Defines record keeping requirements (refer to Part 2.5 of the General Permit).
The SWC-GP and additional guidance materials can be viewed and downloaded at
http://deq.mt.goviWater/W PB/mpdes/stormwaterconstr-uction.
Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT).
Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best
Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees
each calendar year until a complete NOT is received.
Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits.
If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406)
444-3080.
Sincerely,
Deanna Tarum
Data Control Specialist
October 24, 2018
Meadows Edge LLC
Layne Massie
460 N. Somers Rd
Kalispell, Mt 59901
Re: Approval letter for City 5tormwater Management Permit Number SW18-0049 for project site: intersecton of Three Mile Drive and
Farm to Market Road, Kalispell, Mt 59901
Dear Permittee:
As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any land disturbing activity.
This letter serves as an approval letter to begin land disturbance for the above -referenced project site. You are required to:
(1) Implement the City Stormwater Management Plan prior to any land disturbance
(2) Develop and maintain best management practices
(3) Terminate the permit once the site is properly stabilized
To keep track of current projects, yearly renewal is required. If your project will continue past December 31st of the current year, permit
renewal is required. Failure to renew your permit before January 1st of next year may incur a late fee.
Please review and follow the City 5tormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control
Best Management Practices Reference Manual
(www.mdt,mt.gov/re.search/projects/env/erosion.shtml).
Note: This permit is separate from any permit required by other governmental agencies and does not waive any obligation by you to
obtain other permits or approvals that may be required. If you have any questions, please call 406-758-5705 or email
clewis@kalis efl.com.
Sincerely,
i 3-
Casey Lewis
Environmental Speciolist
Public Works Department
City of Kalispell
2011st Avenue East, P.O. Bmc 1997, Kalispell, MT 59903 -Phone (406) 758-7720 -Fax (4061 758-7831, wwwAalispell.com
2701 Prospect Avenue
State of Montana
PO Box201001
1"WTX
Helena, MT S962.0-1001
Montana Department of Transportation
Phone: (406) 444-7237
MDT-MA#-006 1 1/13
Fax (406) 444-0807
Driveway Approach Application and Permit
Page 1 of 2 Y h p p p
TTY:(406)444-7696
www.mdt.mt.aov
'o'be filled in by Department of Transportation Personnel Print Form
F.A. Route No: Milepost: Project: Approach Station:
C-424 (S 424) 2.11 FAS S 157(1) 149+00 LT
District: County: Maint Section No:
Missoula I Flathead 1201
Drainage as determined by Department of Transportation
Type: as per plans Size: Length:
Sight Distance (feet): flight: 925 Left: 1,200
Approach Recorrimend,406 by DistrictTraffic Date Appr,-AppicationApproved by Date!
Engineer or Traffic & Safety Bureau District=Administrator or Ddsignee
Access Control: {' Yes (a No
I Access Contra is Yes: Date
Approach Recommended by Access Manager, R/W Bureau
(PROPERTYAPPLICANT OWNER)
Name Phone\Fax Number
Edge, LLC (Attn: Layne Massie) (406) 407-1309
Address City State Zip Code E-mail
P.O. Box 7184 Kalispell IMT 59904 laynemassie@gmail.com
herein termed the applicant, requests permission to construct approach(es) described and shown on attached site plan or plan and profile and
hereby made a part of this application
Use of Property or Facility: Mulit-family Residence Meadows Edge Development- Phase 1 A
An environmental checklist must be filled out, signed and attached in order for this application to be considered complete.
City or Town: (If rural, direction & approx,
distance from nearest city or to, Ka[ispe[[
Street Name, if any:
Farm to Market Road (50 mph)
Surfacing lAsphalt Width 124 ft. (fog line to fog line)
Estimated number of trips per day: see TIS Side of Roadway W
Width: as per plans Flare: as per plans
OtherCornments This permit is only for Phase 1 A of the Meadows Edge development. The
Developer agrees to complete MDT's review process for future phases of the
development.
2701 Prospect Avenue
State of Montana PO Box201001
Helena, MT59620-1001
MD7* Montana Department of Transportation Phone: (406) 444-7237
MDT-MAI-006 11/13 Fax (406) 444-0807
Page 2 of 2
Driveway Approach Application and Permit Try: (406) 444-7696
www.mdt.mt.gov
(INSTRUCTIONS CONCERNING USE OF THIS FORM(
Applicant will complete and deliver this form in duplicate to the DistrictAdministrator serving the area in which the Approach Permit is requested.
The District Administrator, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses,
residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations,
the District Administrator and District Traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. If this is necessary, the
approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena,
- APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, Is hereby granted:
1) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
2) REVOCATION. This permit may be revoked by State upon giving thin ty (301 days notice to Permittee by ordinary mail, directed to the address shown in the
application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions
or terms set forth herein.
3) COMMENCEMENT OF WORK No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to commence.
4) CHANGES IN HIGHWAY. If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures
or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate
agreement.
5) STATE SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from
all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of
the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said
highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his
successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy anyjudgment
which may be rendered against the State in any such suit or action.
6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of -Way. Traffic control must
meet current MUTCD and MDT standards and guidance. The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations
assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
7) HIGHWAY DRAINAGE. If the work done under this permit interferes in any way with the drainage of the State Highway affected, Permittee shall, at its/his own
expense, make such provisions as the State may direct to take care of said drainage.
8) RUBBI5H AND DEBRIS. Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at
permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the
roadside left in a neat and presentable condition satisfactory to the State.
9) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized
representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this
permit at any time, said changes or removal to be made at the sole expense of the permittee.
10) STATES RIGHT NOT TO BE INTERFERED WITH. All such changes, reconstructing or relocation shall be done by Permittee, in such a manner as will cause the least
interference with any of the State's work, and the State shall in noway be liable for any damage to the Permittee by reason of any such work by the State, its
agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
71) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or
structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit reasonable
and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.
12) MAINTENANCE AT EXPENSE OF PERMITTEE Permittee shall maintain, at its/his sole expense the installations and structures for which this permit is granted, in a
condition satisfactory to the State.
13) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. in accepting this permit the Permittee agrees that any damage or injury done to said installations or
structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State
Highway, shall be at the sole expense of the Permittee.
14) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in
repairing surface or roadway due to Settlement at installation, or for any other damage to roadway as a result of the work performed under this permit.
15) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope, unless otherwise approved.
b. No private signs or devices etc., will be constructed or installed within the highway right-of-way limits.
C. This permit is valid only if approach construction is completed within specified months from date of issue. 6 Months
d. Prior to Starting work, for construction inspection and approval of completed approach contact Dennis Oliver 406-751-2012
e. ® See attached addendum - -
Dated at: Kalispell, MT Agreement Date
The undersigned, the "Permittee" mentioned in the Waregoing
instrument, hereby accepts this permit, together with all of the terms To be filled in by Department of Transportation Personnel
and conditions set forth therein.
l Completed Approach Inspection By: Date
Signed by Permittee Title: W
6/2019
Attachment for Meadows Edge Phase lA approach:
Secondary 424 (Farm To Market) MP 2.11 Sta. 149+00 LT
This attachment includes terms and conditions in addition to those listed on the back (page 2) of the permitforin.
A. This permit is for Phase I A of the Meadows Edge development. The improvements have been reviewed
and approved through MDT's System Impact Analysis Process. The approach and associated
improvements shall be as per the plans which were submitted and approved by MDT.
B. The permittee agrees to complete MDT's review process for future phases of the development.
C. Parking is not allowed on MDT right of way. Landscaping or beautification on right of way requires a
separate encroachment permit.
D. Any work performed prior to MDT review and approval is subject to removal if MDT design standards
and/or guidelines are not met.
E. If any change from the MDT approved plans is determined necessary at the time of construction the
change must be approved by MDT in writing prior to installation.
F. MDT design reviews are made to insure compatibility with existing facilities and design standards and
guidelines. The permittee is responsible for all survey and plan errors and/or omissions that impact the
constructability or intended design function of the project.
G. The permittee must obtain approvals from downstream landowners if their proposed facility impacts
downstream properties (easements, etc.) and provide documentation of appropriate coordination with
affected landowners. If any aquatic resources, such as streams, canals, wetlands, etc. will be impacted
as a result of this project, the appropriate water quality permits must be obtained from state, federal,
tribal, anal/or local agencies.
H. The permittee is solely responsible for any environmental impacts incurred as a result of this project and
is solely responsible for obtaining any necessary environmental permits, notifications, and /or any other
necessary environmental clearances.
r-
Permittee Initials:
- MD7*Montana Department of Transportation Michael T. 7ooley, Director
M
Steve Bullock, Governor
Kalispell Area Office
85 Fifth Avenue East North
PO Box 7308
Kalispell, MT59904-0308
October 12, 2018
Stephanie Reynolds
WGM Group
431 lot Avenue West
Kalispell, MT 59901
Subject: Meadows Edge Temporary Construction Approach Permit
Please find enclosed the approach permit application with attachments for the temporary
construction access located on Secondary 424 (Farm To Market Road) at reference post
2.11.
Please have the owner sign and date the permit application on the back at the bottom as
indicated for permittee and initial the bottom of the supplemental attachment. (Note all
the locations to fill in/sign are highlighted.)
Please make a copy of the signed permit and the initialed supplemental attachment
for your files and return the originals to me. You can keep the copy of the signed
environmental checklist for your records, you do not have to return it.
If you have any questions please feel free to contact me.
Sincerely,
James M. Freyholtz, P.E.
Kalispell Area Traffic Engineer
(406) 751-2066
Enclosures:
copies:
An Equal Opportunity Employer
Phone: (4067T1Y: (800) 335-7592
Fax: (406) 7.552 -5767 767 Web Page: www mdt.mt.gov
2701 Prospect Avenue
State of Montana PO Box201001
Helena, MT 59620-1001
ffifi"* Montana Department of Transportation Phone: (406) 44-4-7237
MDT-MAI-006 1 1/13 Fax (406) 444-0807
Page Z of 2
Driveway Approach Application and Permit TTY: (406) 444-7696
www.mdt.mt.(.Iov
(INSTRUCTIONS CONCERNING USE OF THIS FORM)
Applicant will complete and deliver this form In duplicate to the District Administrator serving the area In which the Approach Permitis requested.
The District Administrator, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses,
residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations,
the District Administrator and District Traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. If this is necessary, the
approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena.
-APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted:
1) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
Z) REVOCATION. This permit may be revoked by State upon giving thirty 30 days notice to Perm€ttee by ordinary mail, directed to the address shown in the
application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions
Of terms set forth herein.
3) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to commence.
4) CHANGES IN HIGHWAY. If the State changes the highway, of there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures
or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate
agreement.
5) STATL SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee, Itsthis successors or assigns, agree to protect the State and save it harmless from
all daims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of
the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the Improper occupancy of said
highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his
successors or assigns, will upon notice to Whim of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment
which may be rendered against the State in any such suit or action.
6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of --Way. Traffic control must
meet current MUTCD and MDT standards and guidance. The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations
assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
7) HIGHWAY DRAINAGE. If the work done under this permit interferes in any way with the drainage of the State Highway affected, Permittee shall, at its/his own
expense, make such provisions as the State may direct to take care of said drainage.
8) RUBBISH AND DEBRIS. Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at
permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the
roadside left in a neat and presentable condition satisfactory to the State.
9) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized
repfewntative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this
permit at any time, said changes or removal to be made at the sole expense of the permittee,
10) STATE'S RIGHT NOT TO BE INTERFERED WITH. All such changes, reconstructing or relocation shall be done by Permittee, in such a manner as will cause the least
interference with any of the State's work, and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the State, its
agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
11) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or
structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable
and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.
12) MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain, at its/his sole expense the installations and structures fur which this permit is granted, in a
condition satisfactory to the State.
13) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or
structures by a contractor working for the State, or by any State employee engaged In construction, alteration, repair, maintenance or improvement of the State
Highway, shall be at the sole expense of the Permittee.
14) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in
repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit.
15) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope, unless otherwise approved.
b. No private signs or devices etc., will be constructed or installed within the highway right -of way limits.
C. This permit is valid only if approach construction is completed within specified months from date of issue. 6 Months
d. Prior to Starting work, fur construction inspection and approval of completed approach contact Dennis Oliver 406-751-2012
e. ® See attached addendum
Dated at: Kalispell, MT Agreement Date () rl(6 -
The undersigned, the "Permittee" mentioned in the aforegoing
instrument, hereby accepts this permit, together with aft of the terms
and conditions set forth therein,
_Z " 4",
e by Permittee
To be filled in by Department of Transportation Personnel
Completed Approach Inspection By: Date
tit e:
2701 Prospect Avenue
Pa, Box 962 01
PWFN Montana Department of Transportation Helena, MT59620-1001
Phone: (406) 444-7228
MDT-ENV-006 04/17 Environmental Checklist Fax (406) 444-7245
Page 1 of 2 TTY: (406) 444-7696
Date Choose type of Environmental Checklist:
Encroachment/Occupancy (including utility)
Location Applicant Information:
Highway or Route: Mifepost(s): Name:
Title
Farm to Market Road
City of Kalispell
Physical Address: City: Company/Utility:
1120 Farm to Market Road
Kalispell
Public Works
Legal Description:
County:
Mailing Address:
Phone:
Three tracts of land in the East half
Flathead
201 1st Ave. E.
Township: Range: Section(s): City: State: Zip:
Business Phone:
28N
3
Kalispell
(406) 758-7720
Montana Environmental Checklist Help Guide (click button to view) Guide
Impact Questions
Comment, Expl, and/or
Actions that qualify for Categorical Exclusion under MEPA and/or NEPA (See ARM 18.2.261 and 23 CFR 771,117)
Information Source (Attach
(See ARM 18.2.261 and 23 CFR 771.117)
supporting information, as
necessary.)
1 Will the proposed action impact any known historical or archaeological site(s)? C' Yes G No
2 Will the proposed action impact any publicly owned parkland(s), recreation area(s), wildlife or waterfowl
refuge(s)? C- Yes 6- No
3 Will the proposed action impact prime farmlands? (If yes, attach a completed Farmland Conversion Impact
(- Yes re No
Rating Ad-1006.)
a. Will the proposed action have an impact on the human environment that may result from relocations of
C, Yes re No
persons or businesses, changes in traffic patterns, changes in grade, or other types of changes?
b. Has the proposed action received any preliminary or final approval from the local land use authority? a Yes r No
Preliminary Plat approval was
5 For the proposed action, is there documented controversy on environmental grounds? (For example, has
granted for the project on 614118.
C Yes (: No
the applicant received a letter of petition from an environmental organization?)
6 Will the proposed action require work in, across or adjacent to a listed or proposed Wild or Scenic River? r Yes t+ No
7 Will the proposed action require work in a Class f Air Shed or nonattainment area? 6' Yes C No
8 Will the proposed action impact air quality or increase noise, even temporarily? f• Yes C'' No
9 a. Is the proposed action located within an M84 Area? C' Yes C No
b. Will the proposed action have potential to affect water quality, wetlands, streams or other water bodies? (- Yes 6- No
A SWPPP will he implemented
If YES, an environment -related permit or authorization may be required_
during construction.
10 Are solid or hazardous wastes or petroleum products likely to be encountered? (For example, project
C Yes C: No
occurs in or adjacent to 5uperfund sites, known spill areas, understorage tanks, or abandoned mines.)
11 a. Are there any listed or candidate threatened or endangered species, or critical habitat in the vicinity of C: Yes (' No
the proposed action?
gull Trout
b. Will the proposed action adversely affect listed or candidate threatened or endangered species, or
C, Yes (: No
adversely modify critical habitat?
12 Will the proposed action require an environmental -related permit or authorization? (: Yes C No
"yes,"
A SWPPP will be required for
If the answer is please list the specific permits or authorizations.
construction.
13 is the proposed action within designated sage grouse habitat(https:/Isagegrouse.mi.gov/projecis). (If yes,
f- Yes (: No
a consultation letter issued from the Montana Sage Grouse Habitat Conservation Program is required.)
14 a. Is the proposed action on or within approximately 1 mile of an Indian Reservation? C" Yes to No
b. If "Yes", will a Tribaf Water Permit be required? C' Yes r No
(a N/A
15 Will the proposed action result in increased traffic volurnes, increased wail or delays on state highways, or C Yes Co No
have adverse impacts on other forms of transportation (rail, transit or air movements)?
PUBLIC R GHT-OF-WAY PERMIT
CITY OF KALISPELL PUBLIC WORKS DEPARTMENT
201 FIRST AVENUE EAST KALISPELL, MT 59901
Phone: 406-758-7720 Permit Fee $10.00
Date Submitted: d okay-h Date Issued: �8 ��
� Permit Number:
PERMIT LOCATION / OWNER AND CONTRACTOR INFORMATION
Owner's Name: S-�� L�..
Job Address:
Contractor's Name: •
Contractor's Address: -
Contractor's Business Phone:
Cell:
lq3
TYPE AND PURPOSE OF PERMIT
EXCavatIon Temporary Use Utility Construction s
Landscaping Driveway Temporary Obstruction �idewalk
Curbing
BID Business Sidewalk Use Sidewalk Sign Other
Description of Work or other use of the Right-of-Way:_�� f
Date Work/Use will Begin: WtTDate Work/Use will End:
REQUIRED SUBM1TTALS• Permit will not be issued same day as applied for. Three (3) Work
Days Review Time May Be Required.
Insurance Bonding �Traffic/Pedestrian Control Plan Parks Department
,--'- Site Plan Kalispell Parking Commission Temporary Contractor Permit
The City shall be included or named as an additional or named insured on the landowner's
Prcmises Liability policies which shall insure that portion of public right-of-way under permit. The
insurance must be in a form suitable to City.
CONTI CTO-R. C'ERTI FI CATIOI'e7
I am familiar with the current Standards for Design and Construction for the City of Kalispell that
apply to the w rk I have described above. I understand that all construction work within the public
right-of-way's object to inspectio by e Public Works Department. A minimum of twenty four (24)
hours a a notificat n is �q jircd f der to schedule and perform the inspection.
Signaturef Contractor Providing Liability Insurance and Bonding
I understand that, if necessitated by future changes to City Streets or Utilities, all private utilities,
excluding service laterals, placed within City of Kalispell Right of Way may be required to be
relocated by Utility Owner at no expense to the City of Kalispell.
Signature of Utility Owner if New Occupying Utility Installed
City of Kalispell Publicrks Department
Comments:
This approved Permit must be Dept on the job site at all times and must be available upon
request for inspection by representatives of the City of Kalispell.
NOTE: CALL TWO BUSINESS HAYS BEFORE YOU DIG - 755-UDIG (755-8344)
March 2014 Revision
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief PO Box 1997
Jon Campbell —Assistant Fire Chief 312 First Avenue East
Cee Lee— Executive Secretary Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
10C1/2018
Stephanie Reynolds, P.E.
WGM Group
43I lst Ave West Kalispell MT, 59901
Re: Meadows Edge Phase IA
Dear Stephanie,
After reviewing the phase exhibit and Meadows Edge Phase 1 A Plan set from your 9/20/2018 correspondence
I find that the fire flows, hydrant locations and vehicle standards to be acceptable. If you have any further
questions please feel free to contact me.
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our coniniunity with the highest level of professionalism 11
March 26, 2019
Kristine McMahon, PLS
Land Surveyor
WGM Group
431 1"Ave West
Kalispell, MT 59901
Re: Meadows Edge, Phase 1 A
Dear Ms. McMahon:
The Final Plat for Phase 1 A of the Meadows Edge, dated March 18, 2019, has been reviewed by
this office to ensure conformance the City of Kalispell Design and Construction Standards for
required easements and right-of-ways. All required easements and right-of-ways have been
determined to be acceptable.
Sincerely,
Keith Haskins, PE
City Engineer
cc: Jarod Nygren — Senior Planner
201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758- 7720 — Fax (406) 758-7831
www.kalispell.com
Tforks Department
moyvT
2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831
r RIV.klispell.coto
June 26, 2019
Stephanie Reynolds, PE
Project Engineer
WGM Group, Inc.
431 1 st Ave West
Kalispell, MT 59901
Re: Meadows Edge Subdivision— Phase I
Dear Stephanie,
Our office is in receipt of your water and sewer certification letter dated May 31, 2019 regarding
required infrastructure.
Thank you for your help in bringing this project to completion.
Professionally,
Matt Bean
Construction Manager
CC: Jarod Nygren
ARTICLES OF INCORPORATION
OF
MEADOWS EDGE HOMEOWNERS ASSOCIATION INC.
The undersigned, acting as Incorporator of a corporation under the Montana Non -Profit
Corporation Act, adopts the following Articles of Incorporation for such corporation:
FIRST: The name of the non-profit corporation is MEADOWS EDGE
HOMEOWNERS ASSOCIATION, INC.
SECOND: The address of the initial registered office of the corporation is:
55 Hunter Circle, Kalispell, Montana 59901, and the name of the initial registered agent at such
address is Wade Rademacher,
THIRD: The name of the Incorporator is Wade Rademacher, and his address is 55
Hunter Circle, Kalispell, Montana 59901,
FOURTH: The period of its duration is perpetual,
FIFTH: The corporation is a Mutual Benefit Corporation.
SIXTH: The corporation shall have members consisting of owners of property in
the Meadows Edge Subdivision in Kalispell, Montana, according to the plat of Meadows Edge
Subdivision on file and of record in Flathead County, Montana.
Provisions for the regulation of the internal affairs of the corporation, including
provisions for the distributions of assets or dissolution or final liquidation, are:
a. No part of the net earnings of the corporation shall inure to the benefit of or be
distributable to its Members, Directors, Officers, or other private persons, except
that the corporation shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments and distributions in
furtherance of the purposes set forth herein.
Upon dissolution of the corporation, the Board of Directors shall, after paying or
making provisions for the payment of all of the liabilities of the corporation,
dispose of all of the assets of the corporation, pursuant to §35-2-720, M.C.A., et
seq.
SEVENTH: The purposes for which this corporation is formed are:
a. The primary and specific purpose is to further and promote the interests and
welfare of owners of property in the Meadows Edge Subdivision, in the City of
Kalispell, County of Flathead, State of Montana, and to operate, maintain,
ARTICLES OF INCORPORATION —Page 1
BYLAWS OF
MEADOWS EDGE HOMEOWNERS ASSOCIATION INC.
ARTICLE I
12363737
NA11IE OF CORPORATintana Secretary of State
Filed: February 26, 2019 12:49 PM
The name of the Corporation shall N the Meadows Edge P9"4 'g20sociation, Inc,
hereinafter referred to as the "Corporation",
ARTICLE H
PURPOSE OF THE ORGANIZATION
The purposes of the Corporation are:
A. To conduct and establish a non-profit corporation devoted to further and promote
the interest and welfare of the owners of property in the Meadows Edge Subdivision in Kalispell,
Flathead County, Montana; to operate, maintain, improve and insure the roads and association
areas in the Meadows Edge Subdivision for the benefit of said owners, and to enforce the
Covenants, Conditions and Restrictions of Meadows Edge,
B. The Corporation is organized exclusively for charitable purposes, it shall not have
authority to effectuate a pecuniary gain, profit or dividend to the membors, directors or officers
of the Corporation. No part of the net earnings of the Corporation shall inure to the benefit of or
be distributed to its members, directors or officers, except that the Corporation shall be
authorized and empowered to pay reasonable compensation for services to, or assistance to the
Corporation in accomplishing its purposes, including a salary paid to its legally employed
personnel, The Corporation shall not have the authority to carry on propaganda or otherwise
attempt to influence legislation, and it shall not participate in or intervene in any political
campaign for or against any candidate for public office.
C. To have such other general powers as are granted by the Montana Non -Profit
Corporation Act, as amended, or any corresponding provisions of any future laws of Montana
issued to non-profit corporations but, notwithstanding any of the provisions of these Bylaws, this
non-profit Corporation is without the power and shall not carry on any other activities prohibited
to be carried on by the following:
1. By a non-profit corporation exempt from Federal Income Tax under
Section 501 (e). (3) of the Internal Revenue Code of the United States Treasury Department, or
2, By a non-profit corporation contribution to which are deductible under
Section 170 (c) (2) of the Internal Revenue Code of 1954 of the United States Treasury
Department.
Generated on February 26, 2019 12:49 PM
12363737
F, Proxies. At all member meetings, a member may vote in person, or by proxy,
The member or the member's attorney shall make the proxy vote in writing and file it with the
Secretary of the Corporation before or at the time of the meeting, No proxy shall be valid after
11 months from the date it was made, unless otherwise provided in the proxy,
G, Member's Rights to Inspect Corporate Records.
(a) Minutes and Accounting Records. The Corporation shall keep a permanent record
of the minutes of all meetings of its members and Board of Directors, a record of all actions i
taken by the members or Board of Directors without a meeting, and a record of all actions taken
by a committee of the Board of Directors acting in place of the Board and on behalf of the
Corporation, The Corporation shall maintain appropriate accounting records.
(b) Absolute Inspection Rights of Records Required al Principal Once. At least five _
business days before the date . on which the member wishes to inspect and copy records, the
member must give the Corporation written notice of the member's demand to inspect, If the
member gives proper Notice (as required by this section), the member (or the member's agent or {
attorney) has the right 10 inspect and copy, during regular business hours, any of the following {
records, all of which the Corporation is required to keep at its principal office:
(1) its articles or restated articles of incorporation and all amendments to them
currently in effect;
(2) its bylaws or restated bylaws and all amendments to them currently in effect;
(3) resolutions adopted by its Board of Directors;
(d) the minutes of all member's meetings, and records of all action taken by members
without a meeting, for the past three years;
(5) a list of the names and business addresses of its current directors and officers;
and,
(6) its most recent annual report delivered to the Secretary of State.
(c) Copy Costs. The right to copy includes, if reasonable, the right to photocopy, or
copy by other reasonable means. The Corporation may impose a reasonable charge, coveting the
costs of labor and material, for copies of any documents provided to the member, The charge
may not exceed the estimated cost of production or reproduction of the records,
3
Generated on February 26, 2019 12:49 PM
12363737
Section 4, Compensation for Directors.
No director shall receive compensation for serving on the Board of Directors, Board
members may, however, be reimbursed for mileage and out-of-pocket expenses incurred while
on the business of the Corporation when such reimbursement is approved by the Board of
Directors,
Section 5. Meetings of the Board of Directors.
A. Regglor Meetings. A regular annual meeting of the Board of Directors shall be
held without notice other than this Bylaw immediately after, and at the same place as, the annual
meeting of the members. The Board of Directors may provide by resolution for the holding of
additional regular meetings, at a time and place fixed by the Board of Directors, without further
notice other than this Bylaw,
B. Special Meetings. Special meetings of the Board of Directors may be called
by the President or by any two (2) directors and it shall thereupon be the duty of the Secretary to
cause a notice of such meeting to be given as hereafter provided, The President or directors
calling such meeting shall fix the time and place of the meeting,
C, Tele-Conference Board Meeting. A Board meeting may be conducted by any
means of communication through which all directors participating and all directors physically
present at the meeting may simultaneously hear each other during the meeting. Participation in a
meeting by such means constitutes presence in person at the meeting,
D. Notice of Director's Meeting, Written notice of the time and place of special
meetings of the Board of Directors shall be delivered to members of the Board not less than five
days prior to the meeting, either personally, by mail, by facsimile or by electronic notification
and in the event of delivery by mail, the effective date of the notice shall be the date it is mailed.
E. Waiver of Notice, Notice of any regular or special meeting may be waived either
before, at, or after such meeting in writing signed by the director, The attendance by a director
at any regular or special meeting shall be considered a waiver of any required notice, unless the
director is in attendance to object to ,the adequacy of the notice.
F. Quorum. A majority of the Board of Directors shall constitute a quorum for the
transaction of business, except that when a vacancy or vacancies exist, a majority of the
remaining directors shall constitute a quorum. In the event that less than a majority of the Board
of Directors is present at any meeting, the majority of those Directors present may adjourn the
meeting and designate a place and time for the next meeting, under which circumstances the
Secretary shall notify the absent members of the place and time of the next meeting, An act of
the majority of the Board of Directors present at any meeting at which a quorum is present at the
outset of the meeting shall be the act of the Board of Directors,
Generated on February 26, 2019 12:49 PM
12363737
C. Secretary, The Secretary shall be responsible for keeping of the. minutes of the
meetings of the members and the Board of Directors in one or more books provided for that
purpose; be responsible for seeing that all notices are duly given in accordance with these
Bylaws or as required by law; be custodian of the corporate records, have general charge of the
books of the Corporation; be responsible for keeping on file at all tirnes a complete copy of the
Articles of Incorporation and Bylaws of the Corporation containing all amendments thereto; and,
in general, perform all duties incidental to the office of the Secretary and such other duties as
from time to time may be assigned to the Secretary by the Board of Directors,
D. Trtasurer, The Treasurer shall have charge and custody of and be responsible
for all funds and securities of the Corporation; be responsible for the receipt of and the issuance
of receipts for monies due and payable to the Corporation from any source whatsoever, and for
the deposit of all such monies in the name of the Corporation in such bank or banks as shall be
selected in accordance with the provisions of the Bylaws; and in general perform all the duties _
incidental to the office Treasurer and such other duties as from time to time may be assigned by
the Board of Directors.
ARTICLE VI
INDEMNIFICATION OF DIRECTORS OFFICERS
AGENTS, AND EMPLOYEES
Sectioh 53 Indemnification of Directors.
The Corporation shall indemnify any individual made a party to a proceeding because he
or she is or was a director of the Corporation, against liability incurred in the proceeding, but
only if such indemnification is both (i) determined permissible and (ii) authorized, as defined in
subsection (a) of this § 5.1.
(a) Determination and Authorization.
The Corporation shall not indemnify a director under the § S,1 of Article V unless;
(1) Determination. A determination has been made that the director met the
standard of conduct set forth in subsection (b) below, and
(2) Authorization. Payment has been 'authorized based on a conclusion that
the expenses arc reasonable, the Corporation has the financial ability to
make the payment, and the financial resources of the Corporation should
be devoted to this use rather than some other use by the Corporation.
7
Generated on February 26. 2019 12:49 PM
12363737
ARTICLE IX
Fiscal Year
The fiscal year of the Corporation shall commence on the 1st day of January of each
calendar year and end on the 31st day of December of each calendar year.
The foregoing Bylaws were originally adopted at the meeting of the directors of
Meadows Edge Homeowners Association, Inc, held in Kalispell, Montana on the day of
March, 2019,
Secretary
��
4
Generated on February 26, 2019 12,49 PM
MONTANA SECRETARY OF STATE
Retum Method: Email
RANDALL S. OGLE
PO BOX 899
KALISPELL MT 59903
CERTIFICATION LETTER
February 26, 2019
I, COREY STAPLETON, Secretary of State for the State of Montana, do hereby certify that
Meadows Edge Homeowners Association, Inc.
filed its Articles of Incorporation with this office and has fulfilled the applicable requirements set
forth in law. By virtue of the authority vested in this office, I hereby issue this certificate
evidencing the filing is effective on the date shown below.
Certified File Number: D1110529 - 12362952
Effective Date: February 27, 2019
Your company's annual report is due by April 15th of next year and each consecutive year
thereafter,
Thant; you for being a valued member of the Montana business community, I wish you continued
success in your future endeavors.
Corey Stapleton
Montana Secretary of State
Montana State Capitol . PO Box 202801 . HOCild, MoUtana 59620-280I
tel: (406) 4 44-3665 . fax: (406) 444-3976 . TTY: (406) 444-9068 . sos.Mt.p,csv
STATE OF i
u::a.9r.�nes�
� T•• y
Articles of Incorporation
Meadows Edge Homeowners Association, Inc, (D1110529)
General Details
Handling Option
Delayed Effective Date
Corporate Type
Business Entity Name
Registered Agent in Montana
Name
Street Address
Mailing Address
Registered Agent Type
12362952
Montana Secretary of State
Filed: February 26, 2019 11:13 AM
Delayed Effective Date: February 27, 2019
BID:D1110529
24 Hour priority Handling
02/27/2019
Mutual Benefit Corporation with members
Meadows Edge Homeowners Association, Inc.
Wade Rademacher
55 Hunter Circle, Kalispell, Montana, 59901,
United States
Same as Street Address
Non -Commercial
The appointment of the registered agent listed above is an affirmation by the represented
entity that the agent has consented to serve as a registered agent,
Yes
Term Perpetual
Purpose The primary and specific purpose is to further
and promote the interests and welfare of
owners of property in the Meadows Edge
Subdivision, in the City of Kalispell, County of
Flathead, State of Montana, and to operate,
maintain, improve and insure the roads, alleys,
parks, open spaces and common areas in the
Meadows Edge Subdivision for the benefit of
said owners.
This Nonprofit Corporation a) Is not applying through the IRS for 501(c)(3)
status and upon dissolution, the assets shall be
distributed in the following manner:
Manner of asset distribution on
Generated on February 26, 2019 12:49 PM 1 of 2
M WGMGROUR
Communivv Val�eg Futures
May 31, 2019
City of Kalispell
Public Works Department
Attn: Matt Bean
201 Is' Avenue East
Kalispell, MT 59901
Re: Meadows Edge Subdivision Phase 1A
EQ#: 19-1189 Water and Sanitary Sewer Main Extensions
Water and Sanitary Sewer System Certification
Dear Matt:
WGM Group, Inc, certifies that the water and sanitary sewer system improvements serving the
Meadows Edge Phase 1A subdivision have been completed and tested in substantial conformity
with the approved WGM Group, Inc. construction plans and specifications dated 10/11/18 and
approved construction modifications. There are no deviations from the design standards other
than those previously approved by the department.
Please note that the 18" water transmission main segments placed at the request of the Public
Works Department for a future City project are to remain isolated from the operational system
currently serving the Meadows Edge Phase 1A Subdivision via closed butterfly valves. These
valves will be noted as "normally closed" on the record drawings we will submit at project
closeout. The 30 ft. long northern segment is a dry laid main that has been swab chlorinated.
These segments will be certified and tested during the future water transmission main project
scheduled for construction later this year as confirmed by the City.
If you have any questions or would like additional information, please feel free to give me a call
at 756-4848 or email me at sreynoldsCawgmgroup.com.
Sincerely,
WGM Group, Inc.
3�� �q, 12,7,,w ao-,
Stephanie A. Reynolds
SENIOR PROJECT ENGINEER
cc: MDEQ / EQ#19-1189 - Emily L. Gillespie
Edge, LLC - Wade Rademacher
City of Kalispell Planning Department - Jarod Nygren
City of Kalispell Public Works Department - Keith Haskins
File
431 1" Avenue West, Kalispell. NIT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
71 PY
MT" S91 o `1
IIll�lllll� �Illllillll llllllll l lllllEll lllllllfl l llllll l llil lllff 111 J1l1111111 Jill Aage°i E13 7
Debbie Pierson, Flathead Cpunty MT 6y SC 6/1012FC19 10324 AM
MEMORANDUM OF UN DERS1!ANDrNG
between
THE CITY OF KALISPELL, MONTANA
and
MEADOWS EDGE, LLC
FOR THE TRANSFER OF WATER RIGHTS AND WATER USAGE
,This agreement ("MOU") is made and entered into by and between the City of Kalispell,
a municipal corporation incorporated and organized under the laws of the State of Montana,
("City") with its business office at 201 1" Ave E, Kalispell, MT 5990land Meadows Edge, LLC
("Meadows Edge") a limited liability company organized under the laws of the State of Montana
with its business office at P.O. Box 2190, Woodland, WA 98674-0021 for the purposes set forth
below.
RECITALS
C�
1. Upon the petition of Meadows Edge, the City annexed property owned by Meadows
mEdge into the City by Resolution No. 5873 and particularly described as follows:
Tract 3 of COS 18892 in the East Half of Section 3 and Parcel A of COS 15268
in the Southwest Quarter of Section 2, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
2. 'Thereafter the City adopted a zoning designation for the property as a Planned Unit
Development by Ordinance No. 1810 and approved the preliminary plat for the
property by Resolution No. 5874.
3. The City serves as the owner and operator/manager of a municipal water system known
as the Kalispell Water Utility System, which provides potable water services to the City
of Kalispell including the subdivision of Meadows Edge.
4. The City water service regulations require all properties annexing into the City and
receiving water service from the City water utility to transfer all water rights benefitting
the property being served to the City.
5. Meadows Edge seeks to develop the annexed property in phases and to utilize its water
Tights in such a fashion as to allow for the irrigation of the yet to be developed
agricultural land from the surface water right it holds under the Statement of Claim
76L.1148685.
6. The City regulations do not allow the use of surface waters for purposes of potable
water or irrigation of property that has been developed for residential use.
Water Rights MOU — City of Ka lisp ell/Head ows Edge, LLC - Page 1
I�III IIEliI�1� �I1I�I�IH�II�ilill��p�IlN�llll������llll�ll�l{Illi�ilI�II Page'.
.
Fees: $31 00
6/10/2019 10:24 AN
NOW, THEREFORE the City and Meadows Edge agree as follows:
1. The foregoing recitals are true and correct and by this reference are incorporated into
the terms of this MOU.
2. Meadows Edge shall transfer all water rights it holds on the property (Statements of
Claim 76LJ148685, 148695, 148679, and Provisional Permit 76LJ2318) to the City
prior to final plat of Phase lA of the subdivision.
3. , The City shall allow continued use bf the water right described in Statement of Claim
76LJ148679 for the sole purpose of irrigation of unimproved portions of the
development which have not received final plat approval for a maximum] period of 10
years or at the time of approval of the final plat of the last phase of the development,
whichever occurs first.
4. As the common areas, parks and,boulevard areas are developed in each phase of the
subdivision and prior to the final plat of each phase, all irrigation shall be conducted to
utilize only the City potable water services, which have been setup, established and
metered for such purposes, meeting the requirements of the regulations for water
service as well as the Design and Construction Standards.
IN WITNESS WHEREOF the parties have subscribed their names on the dates hereinafter written.
�t 9
Date
Date
FOR. ME , OWS EDGE, LLC
Wade Rademacher, Project Mana
FOR THE CITY OF KALISPELL
r
Doug Russe
City Manager
Water. Rights MOLT — City of Kalispell/Meado►vs Edge, LLC - Page 2
I
I�IUIIIIIiIIIiIII�IIIII mill III 11111IIIIIDI111111111 P20190001
age: 3of337
Fees: $31.00
6/10/2019 10:24 AM
STATE OF MONTANA }
) ss.
County of Flathead }
On this f day of n�iC� , 2019, before me, a Notary Public for the State of
Montana, personally appeared Te, r�cc,( proved to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
aauxckgQ AIMEE BRUNCKHORST
w�: 9 NOTARY PUBLIC for IN N TARP PUBLIC for the State of Montana
State of Montana
Printed Name:
�EP►L'Q Re �g�I Lakeside, Monlaet0 Residing at:
`�yt•.......••:tra ' mission Expires
FO��►0`' Recember 4, 2020 My Commission expires:
STATE OF MONTANA )
) 5S.
County of Flathead )
On this s�.day of i� , 2019, before me, a Notary Public for the State of
Montana, personally appeared '-DoLk{ Q-kj,'�ct1 , proved to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
JUDI A. FUNK- N
NOTARY PUBLIC fa�-p
State of Montana
Padding at Kallspell, Monte
rely Commission ExpirekN,
ARY PUBLIC for the State of Montana
expires:
Water Rights IVIOU — City of Kalispell/Meadoivs Edge, L LC - Page 3
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