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I4. Final Plat - Meadows Edge Phase 1Ar„�7N�G!'�A KALISPELL REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 Pt Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final plat request and Subdivision Improvement Agreement for Meadows Edge Phase IA MEETING DATE: April 6, 2020 BACKGROUND: WGM Group, INC. submitted a request, on behalf of Meadows Edge, LLC, for final plat approval of Meadows Edge Phase 1B, a 97-lot residential subdivision. The subdivision is located in the vicinity of 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 $1,230,283.63 (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 1B. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: March 31, 2020 c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL March 31, 2020 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: Final plat request and Subdivision Improvement Agreement for Meadows Edge Phase 1B Dear Doug: WGM Group, INC. submitted a request, on behalf of Meadows Edge, LLC, for final plat approval of Meadow's Edge Phase 113, a 97-lot residential subdivision. The subdivision is located in the vicinity of 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 $1,230,283.63 (125% of remaining cost) is included for City Council action. COMPLIANCE WITH CONDITIONS OF APPROVAL 1. 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 113. 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 13-1 Zone. Staff Response: This condition is not applicable. The condition is not applicable because there are no commercial buildings within Meadow's Edge Phase 113. 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 July 18, 2019. 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 July 18, 2019. 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 1, 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 stormwater on July 18, 2019. 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 24, 2018. DEQ issued a letter on June 6, 2019 for General Permit for Storm Water Discharge Associated with Construction Activities. Both letters are attached hereto for reference. 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. 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 July 18, 2019. MDT issued an approach permit, which incorporated TIS mitigation, on October 12, 2018. 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 October 12, 2018. 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. 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. 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 November 19, 2019. 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 3/25/2020. 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 #5 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 letter approving the parks plan on 3/25/2020. The letter is attached hereto for reference. 20. All easements and/or right-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. Staff Response: This condition has been met. Public Works issued a letter approving the easements on January 10, 2020. 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 met. Phase 1 improvements will be completed with this 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 CCNR's. 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 has been adequately addressed. Fencing along the western property boundary was approved with the landscape plan and further verified at building permit. 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 1B 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 113. Attachments: - Two mylars of final plat - 11" x 17" copy of plat - Applicant responses and final plat application dated 1/13/20 - Fidelity National Title guarantee FT1585-200031 - Subdivision Improvement Agreement and cashier's check - Engineer's cost estimate - Flathead County tax certification, dated 1/13/20 - Letter from Kalispell Public Works (utility easements), dated 1/10/20 - Letter from Kalispell Public Works (engineering approval), dated 7/18/19 - Letter from Kalispell Public Works (stormwater permit), dated 10/24/2018 - Montana Department of Environmental Quality water and sewer approval letter, dated 7/22/19 - Montana Department of Environmental Quality storm water permit, dated 6/6/19 - Montana Department of Transportation and City of Kalispell approach permits - Engineer's Certification letter dated 1/13/20 - Kalispell Fire Department approval letter, dated 11/19/19 - Kalispell Parks and Recreation letter, dated 3/25/20 - Email from US Postal Service, dated 9/5/2018 - Water Rights Transfer - CCNR's c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM, Group 431 1' Avenue West Kalispell, MT 59901 / WWGMGROUP Community Values. Inspired Futures. TRANSMITTAL 431 1st Avenue West Kalispell, MT 59901 406.756.4848 www.wgmgroup.com TO: DATE: City of Kalispell 04-09-2019 PROJECT NAME: 201 1st Ave. East Kalispell, MT 59901 Meadows Edge Subdivision Phase 113 PROJECT NO: Delivery Method: Hand 17-10-34 ITEM NO. DESCRIPTION 1. Final Plat Application Form, signed 2. Check for review fee in amount of $8,850 3. Cover letter addressing COA 4. City of Kalispell Prelim Plat approval and COA 5. DEQ Certification and MFE exclusion letter 6. Current Title Report 7. Tax Certification 8. Engineer's Certification & City of Whitefish Engineering Plan Approval 9. Subdivision Improvement Agreement 10. Maintenance Agreement 11. Improvement Bonds (SIA) 12. HOA Covenants, Conditions, Restrictions and Easements 13. 1 copy 11x17 of Plat of Meadows Edge Phase 1B 14. 2 Full size paper copies of Plat of Meadows Edge Phase 1B 15. Flash Drive with Electronic copy of ACAD file of Plat of Meadows Edge Phase 1B 16. 17. 18, M WGMGROUP Community Values. Inspired Futures. COMMENTS: 431 1st Avenue West Kalispell, MT 59901 406.7s6.4848 www.wgmgroup.com Per City of Kalispell: Final Plat Application will be accepted for review less pending Lender Consents. �f� G SIGNED: �f v�- Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.eom/planning FINAL PLAT APPLICATION Project /Subdivision Name: Meadows Edge Subdivision Phase 1B Contact Person: Owner & Mailing Address: Name: WGM Group, Inc. Meadows Edge, LLC Address: 431 1 st Avenue West P.O. Box 7184 Kalispell, MT 59901 Kalispell, MT 59904 Phone No.: (406) 756-4848 (320) 221-028.0 Date of Preliminary Plat Approval: June 4th, 2018 Type of Subdivision: Residential X Industrial Commercial PUD Other Total Number of Lots in Subdivision 97 Land in Project (acres) 25.9 Parkland (acres) 4.3 Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family 48 Townhouse 10 (37 d.u.) Mobile Horne Park Duplex B (12 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, FILING FEE ATTACHED $ 12,975 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 I Attached Not Applicable (MUST CHECK ONE) �I Health Department Certification (Original) r% Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) V, Consent(s) to Plat (Originals and notarized) ./ Subdivision Improvements Agreement (Attach collateral) V Parkland Cash -in -Lieu (Check attached) V Maintenance Agreement W Plats: 2 mylars 1 11X1'7 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. f. 2 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 2 SUBDIVISION Issued By: 0 Fidelity National Title' Insurance Company Guarantee/Certificate Number: FT1585-200031 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 Insurance Company By: Fidelity National Title Company of Flathead Valley, LLC 1807 3rd Ave E Kalispell, MT 59901 Countersigned By: -Z��JL*vLA� Authorized Officer or Agent Attest: President Secretary Subdivision Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 1 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY ISSUING OFFICE: Title Officer: Karla Kemm (LJ) 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 FT1585-200031 Liability Premium Tax $10,000.00 $150.00 $0.00 Effective Date: January 6, 2020 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 Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 2 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 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: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE N86°48'42"W, ALONG THE SOUTH LINE OF SAID SECTION 3, 764.81 FEET; THENCE NO3°45'23"E, 232.27 FEET; THENCE S86°14'37"E, 12.17 FEET; THENCE N04°22'56"E, 473.83 FEET TO A POINT ON A 1180.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY, ALONG SAID CURVE, AN ARC DISTANCE OF 294.97 FEET, A CHORD FROM LAST SAID POINT BEARS N81 °07'40"W, 294.20 FEET; THENCE N73°57'59"W, 110.19 FEET; THENCE N81 °52'19"W, 60.00 FEET; THENCE N08°07'58"E, 38.20 FEET; THENCE N85°46'12"W, 127.53 FEET TO A POINT ON THE WEST LINE OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 18892; THENCE N04°13'48"E, ALONG SAID WEST LINE, 800.78 FEET; THENCE S85°46'12"E, 213.42 FEET; THENCE N26°50'03"E, 34.60 FEET; THENCE S63°09'57"E, 60.00 FEET; THENCE N26°50'03"E, 18.23 FEET TO A POINT ON A 530.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY, ALONG SAID CURVE, AN ARC DISTANCE OF 10.60 FEET, A CHORD FROM LAST SAID POINT BEARS N26°15'40"E, 10.60 FEET; THENCE S75°11'17"E, 128.32 FEET; THENCE N13°16'47"E, 179.74 FEET; THENCE N01 °34'38"E, 88.00 FEET; THENCE S80°30'00"E, 82.07 FEET; THENCE S41 °50'49"E, 99.82 FEET; THENCE N90°00'00"E, 105.19 FEET; THENCE N58°45'46"E, 96.30 FEET TO THE WEST LINE OF THE PLAT OF MEADOWS EDGE - PHASE 1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE WEST AND SOUTH BOUNDARY LINES OF SAID PLAT OF MEADOWS EDGE - PHASE 1A THE FOLLOWING SIXTEEN COURSES: 1) S01 °59'06"W, 267.55 FEET; 2) S79°33'35"W, 255.10 FEET; 3) S03°25'12"W, 173.75 FEET TO A POINT ON A 530.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; 4) EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 15.90 FEET, A CHORD FROM LAST SAID POINT BEARS S87°26'22"E, 15.90 FEET; 5) S00°00'00"E, 130.05 FEET TO A POINT ON A 660.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; 6) EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 60.03 FEET, A CHORD FROM LAST SAID POINT BEARS S88°45'37"W 60.01 FEET; 7) S00°00'00"E, 170.30 FEET TO A POINT ON A 830.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; 8) EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 47.37 FEET, A CHORD FROM LAST SAID POINT BEARS N85°18'28"E 47.37 FEET; 9) S00°00'00"E, 155.80 FEET TO A POINT ON A 985.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; 10) NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 158.07 FEET, A CHORD FROM LAST SAID POINT BEARS N80°04'27"E, 157.90 FEET; 11) N75°28'37"E, 59.44 FEET TO A POINT ON A 438.00 RADIUS TANGENT CURVE CONCAVE TO THE SOUTH; 12) EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 136.64 FEET, A CHORD FROM LAST SAID POINT BEARS N84°24'51 "E, 136.09 FEET; 13) S86°38'57"E, 13.62 FEET; 14) SO4°52'24"W, 4.90 FEET; 15) S85°07'36"E, 60.00 FEET; 15) N04°52'24"E, 57.34 FEET; 16) S85°07'36"E, 147.97 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD (140.00 FEET WIDE); THENCE CONTINUING ALONG THE WEST AND SOUTH RIGHT-OF-WAY LINES OF FARM TO MARKET ROAD, THE FOLLOWING THREE COURSES: 1)SO4'27'30"W, 58.50 FEET; 2) S85°32'30"E, 30.00 FEET TO A POINT ON A 995.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; 3) SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 303.37 FEET TO A POINT ON THE EAST LINE OF SECTION 3, A CHORD FROM LAST SAID POINT BEARS SO4°20'04"E, 302.20 FEET; THENCE SO4°34'06"W, ALONG LAST SAID EAST LINE, 672.58 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: 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: Subdivision Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 3 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 EXHIBIT "A" Legal Description COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE N52°42'00"W, 71.33 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N86°48'42"E, 475.35 FEET; THENCE NO3°45'23"E, 269.99 FEET; THENCE S86°14'37"E, 151.23 FEET; THENCE N84°32'53"E, 147.25 FEET; THENCE N61 °23'20"E, 218.42 FEET; THENCE SO4°34'06"W, 405.81 FEET TO THE POINT OF BEGINNING. TO BE KNOW AS MEADOWS EDGE PHASE 1 B. Subdivision Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 4 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B a. Rights or claims of parties in possession not shown by the Public Records. FT1585-200031 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: General Taxes for the year 2019 1st Half: $2,477.70, PAID 2nd Half: $2,477.65, PAID Tax ID No.: 01-0013865 Affects premises and other property. 2. General County Taxes for the year 2020 and subsequent years, which are a lien but not yet due or payable. 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 Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 5 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) FT1585-200031 5. A 60 foot declared county road, known as Three Mile Drive along the southerly boundary as disclosed by County Assessor's Map and surveys of record. 6. 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 7. 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 8. 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 9. 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 10. Grant of Easement and Water Well Agreement Recording Date: June 18, 2010 Recording No.: 201000014008 11. 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. 12. Ordinance No. 1810 Recording Date: Recording No.: September 21, 2018 201800023321 13. Memorandum of Understanding between The City of Kalispell, Montana and Meadows Edge, LLC Recording Date: June 10, 2019 Recording No.: 201900011237 Subdivision Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 6 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) FT1585-200031 14. This property lies within the boundaries of Resolution No. 5874 for approving the preliminary plat of Phase 1 of Meadows Edge, recorded July 17, 2019 at 201900014653 and will be subject to any levies and assessments thereof. 15. Articles of Incorporation of Meadows Edge Homeowners Association, Inc. Recording Date: July 17, 2019 Recording No.: 201900014653 16. 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 17. Notice of Right to Claim a Lien Claimed by: Northwest Drywall and Building Supply, Inc. Against: Meadows Edge LLC For: construction materials Recording Date: July 9, 2019 Recording No.: 201900013852 Affects: Premises and other property 18. Notice of Right to Claim a Lien Claimed by: Northwest Drywall and Building Supply, Inc. Against: Meadows Edge, LLC For: construction materials Recording Date: July 18, 2019 Recording No.: 201900014775 Affects: Premises and other property Subdivision Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 7 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 19. Notice of Right to Claim a Lien Claimed by: Northwest Drywall and Building Supply, Inc. Against: Meadows Edge, LLC For: construction materials Recording Date: July 18, 2019 Recording No.: 201900014776 Affects: Premises and other property FT1585-200031 20. Recitals, notes, dedications, easements, certificates and covenants as contained on the plat of proposed plat of Meadows Edge Phase 1 B. Reference is hereby made to the plat for more particulars. 21. State of Montana Department of Environmental Quality Certificate of Subdivision Approval to be recorded with the proposed plat of Meadows Edge Phase 1 B, if any. 22. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. 23. Exceptions and reservations contained in Patents of record. END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 01.13.20 @ 09:32 AM Page 8 MT-FT-FLAT-01585.350200-SPS-1-20-FT1585-200031 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) p`T G , Designate personnel for inspection and maintenance: Name: au l`' r s i e, - - - - - -- Address:a�?J$+ ,XA L�-4 Contact Phone: Pronerty Description --- 120,11 Cell: List legal description of property: r—o r hI n ak- -T-r"+ E V IZ. 5d.c,+ti,+ 3 TZ$ �j MT oyeration and Maintenance Has the Operation and Maintenance Manual been created? z Yes ❑ 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 §7-12-4102 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: Technical Assistance: Meadows Edge, LLC P.O. Box 7184 Kalispell, MT 59901 (320) 221-0280 WGM Group 431 1st Avenue East Kalispell, MT 59901 (Jason McDonald) 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. • Planned Unit Development Overlay Zone - The PUD will function in concert with the R-3 and B-1 Zones Zone to provide a comprehensive, integrated development plan providing flexibility of architectural design, density as well as the option to mix land uses on the entire 112-acres. In this case, the PUD would be a Residential Mixed Use PUD, as it would have 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 PUD will be reviewed in accordance with Section 27.19.020(4) of the Kalispell Zoning Ordinance. • Major Subdivision Preliminary Plat - The applicant is requesting a major subdivision on 39-acres of the 112-acre property into 92 residential lots and 142 dwelling units. 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. C. Location and Legal Description of Property: The property is located at 825 Three Mile Drive at the northwest intersection of Three Mile Drive and W. Springcreek/Farm to Market. A small 2.4-acre portion being annexed is located at the northeast intersection of Three Mile Drive and West Spring Creek/Farm to Market. The property can be legally described as Tract 3 of COS 18892 in the E2, Section 3 and Parcel A of COS 15268 in the SW4, Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. D. Size: The property proposed for annexation is approximately 112-acres. E. Existing Land Use and Zoning: The subject property is developed with an old single-family ranch home with the remainder being undeveloped farmland and wetland at the northern boundary. This property is under Flathead County jurisdiction and is part of the West Valley Zoning District, or West Valley Overlay (WVO), which is currently zoned AG-80, Agricultural. The AG-80, Agricultural, a zoning has an 80-acre minimum lot size requirement. The purpose of the AG-80 Zoning District is to protect and preserve agricultural land for the performance of a wide range of agricultural functions. It is intended to control the scattered intrusion of uses not compatible with an agricultural environment, including, but not limited to, residential development. F. Adjacent Land Uses: North: Single-family home on large county parcel East: Single-family homes within the City of Kalispell (Mountain Vista Estates), undeveloped land and single-family home on large county parcel. South: Single-family home on large county parcel West: Agriculture lands and few single-family homes G. Adjacent Zoning: North: County AG-80 WVO East: City R-2/PUD and County AG-20 South: County SAG-10 WVO 2 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 lines 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 1. Compliance with the growth policy: Two primary mechanisms for managing growth in the City of Kalispell exist which are to rely on redevelopment and infill within the current city limits or annexation 3 of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. The City of Kalispell Growth Policy Plan -It 2035 contains the following goals that are relevant to this particular annexation request: Chapter 3, Community Growth and Design: Goal: Encourage housing types that provide housing for all income sectors and income levels within the community. Recommendation: Maintain a municipal annexation program in conjunction with the City of Kalispell water, sewer and storm drainage systems facility plan to address service to fringe developments. Chapter 4, Land Use - Housing: Goal: Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location. Chapter 4, Land Use - Business and Industry: Policy, l.a.: Establish neighborhood commercial areas designed to provide convenient goods and services that address the daily needs of the immediate neighborhood. Chapter 9, Infrastructure and Public Services: Goal: Make public water and sewer available to areas that are in close proximity to services as directed by the extension of services plan. Policy: Annexation to the City of Kalispell should be required when water and sewer services are extended to an unincorporated area. In addition, to the three cited goals, the city council adopted an annexation policy in 2011, with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners outside of the city limits are requesting municipal services and annexation. The property proposed for annexation falls inside the city's direct annexation boundary, albeit the annexation boundary borders the subject properties western property boundary. 2. Municipal Services: Municipal sewer and water mains, are located within the vicinity of the property to the east and can be readily extended by the applicant to serve the site when the property undergoes development. The site is currently protected by the West Valley Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from C! 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 citv 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. 5 II. EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND PROPOSED PUD OVERLAY This report evaluates the appropriate assignment of a city zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property owner has petitioned for annexation and initial zoning classification of city R-3 (Residential) and B-1 (Neighborhood Business) with a Residential Mixed Use PUD zoning overlay to accommodate the development. The site is currently zoned County AG-80 WVO. The statutory basis for reviewing a change in zoning is set forth by 76-2-303; M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. 1. Does the requested zone comply with the growth policy? Chapter 27.06 of the Kalispell Zoning Ordinance states that the R-3 Zoning District would typically be found in areas designated as Suburban Residential on the Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential on a majority of the property and Neighborhood Commercial/High Density Residential at the intersection of Three Mile Drive and W. Spring Creek. The Kalispell Growth Policy Plan -IT 2035 states that the Suburban Residential land use category would be develop at densities not to exceed four (4) dwelling units per acre. The acreage considered for residential development shall exclude commercial property and lands not suitable for development, i.e. - wetlands. After subtracting the 5.7-acres proposed as B-1 and 13.8-acre wetland there is 93.2 acres of developable land, which equates to 3.45units/acre, well within the allowable density planned for the property. Chapter 27.12 of the Kalispell Zoning Ordinance states that the B-1 Zoning District would typically be found in areas designated as Neighborhood Commercial on the Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future Land Use Map designates the subject property as Neighborhood Commercial in the area where the proposed B-1 Zone would be located. As mentioned previously, the Kalispell Growth Policy Plan -It 2035 states the following in this regards: Chapter 4, Land Use - Business and Industry: Policy, l.a.: Establish neighborhood commercial areas designed to provide convenient goods and services that address the daily needs of the immediate neighborhood. Additionally, the Growth Policy also states that Neighborhood Commercial area would generally be 3-5 acres in size. The proposed B-1 Zone is 5.7-acres in size being slightly over that threshold; however, the additional area takes full advantage of the 2.4-acre portion at the northeast intersection of Three Mile Drive and West Spring Creek/Farm to Market, which is surrounded by public right-of- way and does not have another use that would be more appropriate given those 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 rA determine compliance with city standards. City standards require that the level of service be maintained at pre development levels. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the city. All municipal services including police and fire protection, water and sewer service is available to the property. The site is within the immediate service area of the north Kalispell fire station. 4. Will the requested zone promote the health, safety and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those which would be consistent with the city's growth policy map and provide a place for new residential and commercial uses to locate within city limits. Additionally, the development has an HOA that will further limit uses within the development and create standards in order to further promote health, safety and general welfare of the residents. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. The requested PUD zoning does not deviate from the R-3 and B-1 zoning standards as far as setbacks, height and lot coverage are concerned. 6. Will the requested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for Suburban Residential and Neighborhood Commercial. The anticipated densities of the proposed zoning district can be found to be consistent with the land use designation for the site. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. 7. Will the requested zone avoid undue concentration of people? An increase in the number and concentration of people in the area will result with the approval of the requested PUD. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of utilities would provide the infrastructure needed to insure that there will not be an overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people. E: 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 13-1 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 d l strict? 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. 2 11. Will the proposed zone conserve the value of buildings? City standards, city services, and HOA covenants will insure that there is high quality development. This in turn will maintain the value of buildings and homes in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Suburban residential development is encouraged in areas where services and facilities are available or can be extended to serve developments such as the proposed request. When the city council adopted the growth policy map for this area and designated the 112-acre project site as Suburban Residential and Neighborhood Commercial, the council determined that this type of development was the most appropriate use of this land. III. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: Meadows Edge is requesting a Residential Mixed Use PUD on approximately 112-acres. The Residential Mixed Use PUD will function in concert with the R-3 and B-1 Zones. In this case, the development is seeking 5.7-acres of neighborhood commercial, which will be within the B-1 Zone. The remaining 107-acres will be zoned R-3 for the development of 171 single-family units, 50 two-family units, 21 three-family units and 80 four -family units, parkland, open space/wetland conservation, storm water and city streets. Section 27.19.030(4), Residential Mixed Use PUD, has the following standards applicable to this application: a) The minimum size is 5 acres of developable area. The project site is 112-acres. b) A residential mixed use PUD may be established in areas zoned R-1 through R-5, RA-1, RA-2, 13-1, P-1 and H-1. The requested zones are R-3 and B-1. c) The predominant land use character of the PUD must be residential; commercial uses should primarily be sized and located to address the needs of the immediate neighborhood. The majority of the property is either residential, city streets, wetland or improved park area. The B-1/Neighborhood Commercial component of the development is only 5.7-acres of the 112-acre site d) The residential uses and densities appropriate to a mixed use PUD are the same as those permitted in a residential PUD. 10 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. fl 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 (PUD) 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 function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area." Sections 27.19.020(4) of the zoning regulations provide that the Kalispell City Planning Board and Kalispell City Council shall review the PUD application based on the following criteria: Review of Application Based Upon PUD Evaluation Criteria: A. The compliance of the proposed PUD with the city growth policy and in particular density and use policies of the plan: As mentioned previously, chapter 27.06 of the Kalispell Zoning Ordinance states that the R-3 Zoning District would typically be found in areas designated as Suburban Residential on the Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential on a majority of the property and Neighborhood Commercial/High Density Residential at the intersection of Three Mile Drive and W. Spring Creek/Farm to Market. The Kalispell Growth Policy Plan -IT 2035 states that the Suburban Residential land use category would be develop at densities not to exceed four (4) dwelling units per acre. The acreage considered for residential development shall exclude commercial property and lands not suitable for development, i.e. - wetlands. After subtracting the 5.7-acres proposed as B-1 and 13.8- acre wetland there is 93.2 acres of developable land, which equates to 3.45 units/acre, well within the allowable density planned for the property. Chapter 27.12 of the Kalispell Zoning Ordinance states that the B-1 Zoning District would typically be found in areas designated as Neighborhood Commercial on the Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future Land Use Map designates the subject property as Neighborhood Commercial in the area where the proposed B-1 Zone would be located. As mentioned previously, the Kalispell Growth Policy Plan -It 2035 states the following in this regards: Chapter 4, Land Use - Business and Industry: Policy, l.a.: Establish neighborhood commercial areas designed to provide convenient goods and services that address the daily needs of the immediate neighborhood. 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. 12 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 east 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 B-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 having to make prolonged trips into other areas of the city. The 13-1 Zoning will be in close enough proximity that it will be accessible for pedestrians and cyclists, reducing overall vehicle trips throughout the community. 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. The townhouse residential lots are primarily located along the boundary of the B-1, Neighborhood Commercial area and Farm to Market providing a transition into the detached single-family home lots. 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 singe driveway approach is a better design for snow storage, as multiple curb cuts along a street profile do not allow for snow storage. Additionally, the single driveway approach provides for more area within the boulevard to install services, utilities, etc. The 4-acre developed park is centrally to the site and can be accesses 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 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 east to west that will be maintained as open space. This area will remain unfenced providing an additional corridor for habitat and passive recreational opportunities. Lastly, Three Mile Drive and W. Spring Creek/Farm to Market will all be updated to city standards, including landscaped area and a trail system along the arterials. E. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The development proposes a 30-acres of open space, wetland conservation, buffers and developed parkland. The subdivision regulations require that .03-acre per dwelling unit be designated for parkland. In this case that would equate to 9.6-acres of park. The 9.6- acres would be undeveloped parkland and simply open recreation area. In this case, the developer is proposing a 4-acre developed park in addition to the buffer areas along the west property line, Farm to Market and between the residential and commercial development. An HOA has been developed to maintain the open space, common space and conservation areas within the development. Staff also recommends the placement of a condition that the trail systems located along Three Mile Drive and W. Spring Creek/Farm to Market be maintained by the development, similarly to all city sidewalks within the city. Staff also recommends that a waiver of park maintenance district condition is placed on the final plats for the subdivision in the event the HOA fails to maintain its properties. F. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; 14 1. 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 at the proposed site access points and 10 nearby study intersections. The following intersections were analyzed in the study: 1. Three Mile Drive and West Spring Creek Road 2. Three Mile Drive and Farm to Market Road 3. Farm to Market Road and West Spring Creek Road (near Three Mile Drive) 4. Farm to Market Road and West Spring Creek Road (near Four Mile Drive) 5. Farm to Market Road and Four Mile Drive 6. Four Mile Drive and West Spring Creek Road north leg 7. Four Mile Drive and West Spring Creek Road south leg 8. Three Mile Drive and site access No. 1 9. Farm to Market Road and Mountain Vista Way/site access No.2 10. Farm to Market Road and site access No 3 Capacity analysis was presented both with and without the traffic generated by the proposed subdivision to determine what impact the proposal will have on traffic operations. The Rockwood Ranch development was included in the buildout scenario of the traffic study. 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 determine compliance with city standards. City standards require that the level of service be maintained at pre development levels. The development is proposing alleys within the development. 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. This allows for a more appealing building design and it also makes the streets easier for maintenance, especially during snow events, because there are minimal driveway approaches along the public streets. Staff has went over the layout with Public Works and they are recommending that the alleyways remain private for long-term and short-term maintenance reasons. Since there are no public utilities proposed within the alleyways, staff is recommending the alleys remain private in order to clarify who is responsible for the maintenance of them. After reviewing the proposed PUD plan with Public Works, staff is recommending the following street improvements with each phase of the development: 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. 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. Phase 3 - Farm to Market shall be upgraded to city standards from Mountain Vista Way north to the properties northern property boundary. 16 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 D. Light and air The proposed R-3 and B-1 zoning require setbacks, lot coverage and height limitations to provide for adequate light and air within the project proposal. E. Recreation A 4-acre developed park and open space area, as highlighted above, will provide the recreational amenity within the development. As a recommended condition of approval, a waiver of right to protest a parks maintenance district should placed on each phase of the development. The waiver of right to protest a park maintenance district would provide the ability for the city to receive funding, if necessary, if the HOA failed to maintain the parkland. 4. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; 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 subdivision. The area clearly has a residential demand based off 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. Neighboring properties to the west have expressed concern with the proposed development. Their properties are active farming operations and they worry about the potential for trespass onto their property, which may result into degradation of their property and damage to their operations. Accordingly, staff is recommending as a condition that during the construction of all residential lots along the western boundary, a fence be installed prior to certificate of occupancy. The fence will create a distinct boundary which will help keep residents from trespassing onto the neighboring properties. Staff also recommends that a note be placed on the final plat that states "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." This note assures that anyone purchasing a home within the subdivision has been made aware of the neighboring farming operations, protecting the neighboring property owners right to continue farming as they historically have. 5. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; The application indicates the site will be developed in 5 phases. Phase 1 is being preliminary platted with this PUD application and includes the construction of 92 residential lots. Phase 1 can be constructed rather quickly due to the availability of city services within Mountain Vista Estates to the east. Phase 2 would be constructed W] 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. 6. 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 30029C 1805J, 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 conservation area will conserve valuable wildlife habitat and potential wildlife corridor as it will be maintained in its natural state. C. Effects on the Natural Environment: Surface and groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. The site is not within a designated 100-year floodplain per the Flood Insurance Rate Map Number 30029C 1805J. Drainage: Curbs and gutters will be installed and storm management plan will have to be developed to address the runoff from the site. There is no city storm drain system in the area so the storm water will need to be managed onsite using retention methods. A preliminary storm water design has been submitted for Phasel showing detention/retention ponds within the open space area that will percolate into the ground. The drainage plan will have to comply with the City of Kalispell standards and standards and designed by a professional engineer. D. Effects on Local Services: Water and Sewer: Water and sewer service to the subdivision will be provided by the City of Kalispell. The applicant will extend water and sewer service to the property from Mountain Vista Way to the east. The water and sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's sewer system to accommodate this development phase. Roads: As stated above, there are two access points serving the subdivision from Farm to Market and Three Mile Drive. Both roads will be improved city streets that will be extended into Phase 1. Staff is also recommending that West Spring Creek/Farm to Market be upgraded to city standards from Mountain Vista Way south to Three Mile Drive as part of this phase. Schools: The property is within the boundaries of School District # 1 and West Valley Elementary. The school district could anticipate an additional 71 school aged children from the subdivision. This number takes into account home school education options and private school options as well as those attending public facilities. This subdivision would have a potential impact on the district. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Parks and Open Space: As outlined above, the subdivision is part of an overall master plan that includes an improved city park, buffer areas, wetland conservation area and open space totaling 30-acres. Police: Police protection will be provided by the City of Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. The department can adequately provide service to this subdivision. Additionally, 20 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 H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested with this application. RECOMMENDATIONS I. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-18-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be R-3/PUD and B-1/PUD. II. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD-18-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Meadows Edge be approved subject to the conditions listed below: III. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-18-05 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Meadows Edge be approved, subject to the conditions listed below: Conditions of Approval 1. 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. 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. 3. The preliminary plat approval for the development shall be valid for a period of three years from the date of approval. 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. 22 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 13-1 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 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. 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 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. 19. A park plan shall 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 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." 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. 24 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 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. 26 NA Mailing List: Meadows Edge, Kalispell DWY FARM TO MARKET RD DWY - Subject Property 215ft. Mailing List ow,. ❑ THREE MILE DR 3 ❑ Date: 4-24-2018 Kalispell Planning Dept. ��0 500 1,000 � RePath: kjarod\meadow _ Feet - 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. WHEREAS, 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 June 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 1 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 townhomes as a permitted use. 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. 3. The preliminary plat approval for the development shall be valid for a period of three years from the date of approval. 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. 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. 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. 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 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. 19. A park plan shall 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 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." 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. 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 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'1 IE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 4TH DAY OF JUNE, 2018. ATTEST: Ai ee Brunckhorst, CMC City Clerk • poaq C-9 - SZAL 1892 ON1 � V Mark John Mayor July 18th, 2019 Stephanie Reynolds, PE Senior Project Engineer WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Meadows Edge Phase 1B Conditional Engineering Approval Dear Ms. Reynolds: The drawings submitted on July 1st amended by correspondence on July 9th, 2019 for the above project are hereby approved per the following conditions: • As plans move forward with future phases, a reservation needs to be maintained for the connection between the lift station and the future extension of the Westside Sewer Interceptor (WSI). • Per City Standards, the lift station lot will need to be dedicated to the City of Kalispell. • Design of the lift station and force main shall be completed and submitted to the City and DEQ for review by July 29th (This would put the review and approval on track for 30 days). We feel it is important to get this lift station designed and approved before the contractor gets too far on the installation of the other utilities. The further they proceed before the lift station is approved, the more risk is assumed by all the other parties involved, especially the developer. • No building, no foundations, no final plat until the lift station is designed, approved, installed, and accepted. • Water will not be turned on to Phase I until sewer and lift station are completed and accepted. • At the time the downstream sewer reaches capacity, as determined by the City, the lift station shall be modified to gravity flow to the extension of the WSI at no cost to the City. All lift station items dedicated to the City as part of the current phase (pumps, controls, generator, transfer switch, etc.) shall be salvaged to the City and shall not be reused for the regional lift station planned to serve phases 3 and 4. The future regional lift station shall be appropriately designed and sized to serve the Full Build Out of flow potentially coming to it, and shall be constructed of new materials at the time of ownership transfer. • Pedestrian ramps are provided on both sides of T-intersections. This will require 4 pedestrian ramps at each T intersection. Three reviews were done at a cost of $180 each. Please submit the review fee of $720 to the Public Works front desk. 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. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required they should continue to be pursued. Please contact the Public Works Department at (406)758-7720 to set up a pre -construction meeting prior to beginning construction. A Right -of -Way and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, Tug Patrick Jentz, PE Engineer 2 cc: Keith Haskins PE, City Engineer Emily Gillespie PE, MDEQ 2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalispell.com DEQ MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY MUNICIPAL FACILITIES EXCLUSION Owner Information: Owner Name: arc /2 Signature of all owners of record Address. BOX 7148, KALISPELL, MT 59904 EDGE LLC Street or P.O. Box; City, State, Zip Code Print name of owner (s) Email: wade@edgedevelopment-mt.com phone: (406) 756-7484 Pro'ect Information: Geocode 07-3965-03-4-01-01-0000 Subdivision Name: MEADOWS EDGE PRASE 113 can be found athgp:ilsvc.mt.govlmsllmtcadasira!? Number of lots/parcels/units: 97 Are main extensions necessary to serve the subdivision? Ci Yes No If yes, have plans for the mains been submitted for review? (x' Yes ' No How will construction of the facilities be financed? BY APPLICANT Eli-gibility Requirements: All of the following criteria mast be met: x The project must be provided with adequate municipal water and sewer, solid waste disposal and the municipality must review storm viater plans x All the mains necessary to serve the subdivision must be municipally owned, operated and maintained. Privately owned mains or lift stations make the project ineligible for this exemption. x The municipality must be a Is' or 2nd class municipality as described in MCA 7-4-111or covered under a grown policy pursuant to Tide 76, chapter 1. x The project must be one of the following (check applicable box): x A new division subject to review under the Montana Subdivision and Platting Act, previously divided parcels recorded with Sanitary Restrictions, or divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review under 76-3-203 or 76-3-207 (1) (a), (b), (d), (e), or (f) Submittal requirements: All of the following items must be submitted: x This form, signed by the property owner, and the municipalities representative x Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration. The Plat or COS must contain the exemption 764-125 (1)(d)(i), (h) or (16). If using item (iii), the Plat or COS must also contain the appropriate Platting Act exemption. x Vicinity map showing project location. x Applicable zoning ordinances in effect. ❑ On file Copy of growth policy, if applicable. G On file x $100 processing fee Certification: I hereby certify that I am authorized to sign on behalf of the municipality and that: 1. the existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6, 2. the systems have adequate capacity to meet the needs of the project, and 3. the municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste disposal. r! Signature: L 1 1 ( im- Printed Name Lt�I t �'� �� V� Gate: DE Montana Department of Environnnenral Quality October 16, 2018 Stephanie A Reynolds PE ViWOM Group 151 Buisness Conger Loop Suite A Kalispell MT 59901 RE: Phase One Prilirninaxy Flat 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 76-4-12.7, MCA. under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of rnurucipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction ofvwaler or sewer extensions prior to DEQ, Public Water Supply Sectiva's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Rachel Clark Deparr,meut of Environmental Quality Engineering Bureau Puflohe Water &. Subdivision Review (406) 444-6 72-2 email rcla!(k mt. ov cc: City agineer County Sanitarian Owner file Steve Bulkoch. Governor I To LiverS. 04actor I P.O. Box 200901 1 Helena, MT 5962, --D9a1 1 (406) 444-2544 1 www.deq.mt.gav Montana Department AQ,�_qm of 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 2018 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 flowable fill. The water main extension includes installation of: approximately 1800 feet of 8-inch diameter water main (C900 PVC CL150), 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) 755-8985 1 www.deq.mt.gov City of Kalispell — PWSID#MT000259 Meadows Fd a Subdivision Phase 1 A — Water & Sanitary Sewer Main Extensions EQ#19-1189 Approval October 16, 2018 Page 2 The Sanitary sewer main extension includes installation of: approximately 1600 feet of 8-inch diameter gravity sewer main (SDR 35 PVC), casing for the boring section of pipe across Farm to Market Road, 10 new manholes and connection to one existing manhole near the intersection of Farm to Market Road and Mountain Vista Way. 44 residential service connections are planned as a part of this phase. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the department. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to: electrical work, architecture, site grading or water and sewer service connections. Thank you for your efforts regarding this submittal. If you have any further questions, please contact me at (406) 755-8979 or egi_Iles ie ret.ggy Sincerely, Emily 1 lespie, P. Public ter Supply d Subdivisions Bureau Copies: Meadows Edge LLC, P.O. Box 7184, Kalispell, MT 59904 Keith Haskins, City of Kalispell Public Works Wendee Jacobs, Flathead County Environmental Health MDEQ Plan Review File cc` mm V! 3SVHd - NOISIAIa8nS 3003 SMOCIV3Nco US LL og' Q 9� 'aV E5ffi .. C'J O LU AO�Jj� /'� o pt r` a� CQ'N sa a5�R 133NS %(i E'` e a Fox= OL€sF og8 �'wsEp9o� - LL ao z as M3aa»anes 'u w Ll h4 a o N a�qm a U ZK `� --- CO 0 z L1J Q Qr oa 13>avw of wavy Uo l �. w W ff t J 1J I_LI W �1�L� �� 1y�-a��FrTrrr f. tr J �� TT ILLn— J— r-T I C r�� uu-I—� L J — — — r u � 1 l ur L+�� , L U 1 , j` `l, r -r � r r � �� L Ll 1 Q L �L� 7 rr r rC� w ¢ ¢ O z w — ¢ W Q' W p ` � W Z O p 73 ¢ F > ¢ 2 p W W J ?y p W Z > cr w c p D C) W H U � ti F LL w' 0 0 0 0 0 0 o o� +,fin o v� N o v o o i to vi �n fn en (n vl N n a �n to a O _ ¢ a a p O o a 3 3 � 3 3 z i 3 c4i 3 chi Oa z 4 c� dI 2 — cai d3 c 40. U 2 W O 4 0 0= Z 2� O O O O p O E 4 rAw &WGMGROUP Community Values inspired Futures January 13, 2020 City of Kalispell Public Works Department Attn: Mark Crowley 201 1st Avenue East Kalispell, MT 59901 Re: Meadows Edge Subdivision Offsite Sewer Project EQ#: 20-1391 Sanitary Sewer Main Extensions Sanitary Sewer System Certification Dear Mark: WGM Group, Inc. certifies that the main line of the sanitary sewer system improvements serving the Meadows Edge Phase 1B subdivision has been completed and tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications dated 11/22/19 and approved construction modifications. There are no deviations from the design standards other than those previously approved by the department. Please note that the 12" pipe between Manhole 2 and Manhole 3 was installed at a 0.275% slope due to a casting discrepancy within Manhole 3. The original plan had a 0.3% slope. This changes the pipe capacity from originally being 54% full to now being 56% full at the design flow. Also, note that the 12" stub from the north side of Three Mile Drive to the south has not yet been installed and the 8" stubs coming out of Manhole 2 and "EXMH-1" have not yet been installed. These items will be installed this spring and will be certified under a separate letter. These pipe stubs are not part of the working system required for the Phase 1B sewer connection. The gravel access pad for Manhole 7 will also be completed in the spring. Finally, documentation of the residential well abandonment on the triangle property is shown on the enclosed well log. 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 sreynolds(c)wgmgroup.com. Sincerely, WGM Group, Inc. 3,6 Stephanie A. Reynolds SENIOR PROJECT ENGINEER cc: MDEQ / EQ#20-1391 - Emily L. Gillespie Edge, LLC - Wade Rademacher City of Kalispell Planning Department - Jarod Nygren City of Kalispell Public Works Department - Keith Haskins File Encl. 431 1 "Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com ul cr,counoereo This form is Iv be completed h ur "I" It" Within the borehole MidGasblp ulrIng Water Rights is the well owner's reaponsibMty snd srinot aCComr find f pushled ed by the 1ilth MBMG irnyol � Groundwater 11111Orrnalm Center at the Wnlana Bureau of Mines and Gea+agy fBvrrr}and water right 9uregu records !Helena], RForfm4ds !M8 hat 8t7pRcahle enter NA. Record additional information in the REMARKS section. I. WELL OWNER: Name I&tc- Mai{ing address to,%9.0 t'S�r�L�pt► la�[t _ CvS VN 2. WELL LOCATION: Llat k Iflxn WnWiese Io largest �— - — 'A 4 - —'4, Seaport Tip-� M+S Rarge—EIIN County Lot _ _ . Trac 0A - sion Name CentGcataWIN 4 GPS 'f uye�s�y'�1 �G Latilrude -. ,.�11 -LOB ludo _ - ! 4Ja IL-J— Error as reported by CapS locator I r feet] -- HoMomal pal urn NAD27 WGS84 - 3- PROPOSED USE: f- Dwr.We Stock trr,galrm Putxk: w:rtur supply " Monitor" well G@Utltermal C Clooid System Open System Rainfech*n ExImction H2O Tamp _ Number of Wens in System Off*, 4. TYPE OF WORK: New war Deepen mrutrg wall iC AttwxW wo Method Cable Rnr:try Othor: a 5. WELL CONSTRUCTION DETAILS: 8orehots: Da in. From -. tt.to t. D-a. in. from ft. 10 ft. Dra _irl. From Caslrg: ►y Steel: Wallreplmeae -1 DF,1�, TMaadsd ft�9 Welck d D..�_fn. tram r to CIS ft DIs. _- in from It. !O ft r acing Shoo: . Yes No Piastre. Pressure Raw* Ibs, Threaded 1Ye?l��i Ora in. from t. to Piwforstlonsi'Slotted Pipe: Type of perforalor used Size of parloraboralslots in. by n rr0-of pabralfonslslbts from fl t0 t —no, of porbraborisislo15 frorn R ,L) t Ser"ns: G Yea 'No Mateto - Dra -- _ Stet size from ff. to ft Da Skit" Imm t tv ft 0"Wei Packed: i Yet. I- No Srxe of greed G rfxvef plaosij from _ It Id tt Packer: Yn '] NO Type Deprhlsl Grout: kAalulel trod O epth from ft. 10 it OR Corflir w ieod 6. WELL TEST DATA: A n[rt rest is ulgWad for all weft. (Sae OEL*fs on m%4 jog ropm bowl ) Static walor level - t. below fop of CIW,g or Ciosea rn artesran pressure _ psi How vM5 test f Ww moasufed- birCkaVslopwatch w v. flume, flowmpier. etc ruAnrwstiyrie Controlled Groundwater Area - Ware* Temporaiwo `F AOUIFER TEST DATA FORM ATTACHED Montana Bureau of Mines & Geology The University of Montana 1300 West Park Street TOM • t hour mfnanum Drooimm t is Ufe amount wataf WM to b wered below Stabc jW W All Depth measurements mad be (rpm this fop of tie yes casnq Time of ra0owery is hoursrrr nutes since pfxrp ig sto W Air loot• 9 rn with *4 stem set at, ft for hours Time of r000very . _ tv5rrrrirf Recovery waist kind t OR Bailer teat' _ 9Pm wen ft of drawdomi ater hours Time Of reC7.irY .-_ i- sWmin Recovery water level - t OR Pump lost' Doom purnp yet lur wsi ft flpm pump role wtlx— _ fl of drawdowrh ahe:r lva purnpwg Time of recovery . hrWmo Recovery water leaf If OR Fk w" Arfaslsn• . gpm jar hours Flow 00i MFOW by •LLmp ery .. rash aw Jer3.n.ga ,ero srwr m ar urrobrm as cras�ra rraa .she msyw may ease rx se,5cirrecrd rrc d+h. rrrMr. 5.0aftswe rood due nor n-.�de me reserver dme iqx faw+p 7. W ELL LOG: Flem dopthls) Ora[ "let is encountered r :orxhot� Ono ty�rd5isanpry larar>pe `. _"•"- 'A Of bm*ry rare7Aaw or brdwrYWMA aarrfg] Auur T IONAJ. $HEFTS ATTACHE n S. DATE WELL COMPLETED: I l :: � -�— g 9. REMARKS 10. DRILLERICONTRACTOR'S CERTIFICATION: All work persormi a ar rd reported in i.'h 15 weft log rS of oomphanoe with t4 Montana well c0nsr`k 1*n stafkdWdsds TN5 na rl Ls true tothebMt of my hdaknowm0�lrrm, Address Sl9nature Date � 7. - tloarl5@ rfD _�� Umnse typo MWC 7RWWC WWD 5anq1 4 rAw &WGMGROUP Community Values inspired Futures January 13, 2020 City of Kalispell Public Works Department Attn: Mark Crowley 201 1st Avenue East Kalispell, MT 59901 Re: Meadows Edge Subdivision Phase 1B Partial Stormwater System Certification (not including curb and gutter or inlets) Dear Mark: For the purpose of meeting final plat requirements, WGM Group, Inc. certifies that the stormwater system improvements installed to date serving the Meadows Edge Phase 1B subdivision have been completed and tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications dated 2/25/19 and approved construction modifications. These improvements consist of stormwater pipes, catch basins, manholes, water quality unit, flow splitter weir structure, and southern stormwater management pond. Items to be completed in the spring include curb and gutter and catch basin inlet grates. Any punch list items will be addressed at project completion. 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 sreynolds(c)wgmgroup.com. Sincerely, WGM Group, Inc. 34�ZLL�- . j27'�'w av-� Stephanie A. Reynolds, PE SENIOR PROJECT ENGINEER 431 1 "Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com D E Montana Department of Environmental Quality October 24, 2018 Charles Pisk MEADOWS EDGE SUBDIVISION PHASE IA SANDRY CONSTRUCTION CO INC Po BOX 507 Big Fork, MT 59911 RE: Confirmation Letter, Notice of Intent (NOI) MTR107600 MEADOWS EDGE SUBDIVISION PHASE IA 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.gov/Water/WPB/mpdes/stormwaterconstruction. 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 ENCY USE ONLY RlY! T L V ,`I �y (1 ate Re :_ S t " 9.- No• hecDE k' ak 43,ff RECEIVED Montana Department of Environmental duality JUN G 2019 WATER PROTECTION BUREAU OW Storm Water Pollution Prevention 1ft VVVMSWPPP ��rrlo' 2018 Storm Water Discharge Associated With n e �V1 MTR1.00000 READ THIS BEFORE COMPLETING FORM: T'he Form SWPPP is intended to assist operators in developing it SWPPP which complies with Part 3 of the General Permit for Storm Dater Discharges Associated with Construction Activity (General Permit). It is the purrnittcr- s responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained. Additional information may be needed to supplement the Form SWPPP. For additional information, please call: (406) 444-3080 or visit= hit _1lde , Pi . izov/wa infohn a es/storm watereanstrueti0n.mc DX Section A - SWPPP Status: (Check one) ❑ New No prior SWPPP submitted for this site. W.Iodi-cation Permit Number: MTRI O 7 6 0 0 (Please specify these four numbers) Section B - Facility nr Site Information: Site Dame Meadows Edge Subdivision Phase I &1 B Site Lecation Intersection of Three Mile Drive and Farm to Market Ind. Nearest City or Town Kalls011 County Flathead Section C - Applicant (Ow nerl0perator) Information: Owner or Operator Name Operator - Sandry Construction Co. Inu. Mailin Address PO Box 50l City, State, and Zip CodeSigf°rk, Mt. 59911 Phone Number Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer: Dame or Position Title Charles A Pisk Mailing Address PO Box 507 City, State, and Zip Code Bi9fork Montana 59901 Phone Number 406-752-2419 Email chuck af5.sandrvconstru0on.com Training Course BMP 201 Date Completed Feb. 3, 2078 Final Permit: 2018-2022 Furrn SWPPP Page 1 of 10 Primary SWPPP Administrator: Name cr Pcsition Title Mailing Address City, State, and Zip Code _-- OSame as above Phone Number Email Training Coarse Date Completed Secondary SWPPP Administrator: Name ar Position Title Mitchell Mill Mailing Address PO Box 507 City, State, and ZIP Code &pfork - hilt. s<)g74 Phone Number 406-752--2419 Email roitch(d sand nrconstruction.com Training Course SMP 201 Date Completed Fete. 3 2U16 Section E — Site Description (Part 3.3) 1. Describe the llaturc of'the construction activity and what is being constructed. New subdivision - Water, Sewer, Storm Drainage, Roads 2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material barrow areas, material fill areas, concrete or asphalt batch plants, equipmenr staging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas. All support areas are off site. Imported gravels gill be used. As well as imporl:ed concrete and asphalt. 3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction -related disturbance (including all construction -related support activities). Total Site Area (acres)_ 49 Area of Construction -Related Disturbance (acres): 24 4. describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used. Geology The project site lies in the Rocky Mountain Trench bounded by the Salish Mountains to the West and the Swan Range to the East_ The trench was traversed by the Flathead Glacier and was covered by substantial areas of glacial lakes during recession of the ice mass. The surficial geology of the area consists of silts and clays deposited by glacial lakes and sands and gravels deposited during more turbulent times. The soils are underlain by glacial till soils consisting of silty gravel with large cobbles and boulders that were deposited during glaciation of the area. Onsite materials will be used for fills as necessary. Final Permit: 2018-2022 Form SWPPP Paget of 10 5- Provide a brief description ofthe existing vegetation at the site and att estimate of the percent density of vegetative ground cover. The current site is a farm field of cut stubble from wheat production. Densily appears to be 75% ground coverage. Specify Percent Density of Existing Vegetation: approximteiy 75% 6. For a storm water discharge associated with construction activity with ;.onstzuction-related disturbance of five acres cr more of total land area (based on the acreage provided in item E.3 above): a. Provide an estimate of the runoff coefficient of the site, hoth before and after construction, and describe what supporting information this determination is based upon. - Runoff coefficient before cans#ruction: .26 Runoff coefficient after construction: .32 Supporting Information Source: Runoff Coefficient Chart b. Provide an estimate -of the increase in impervious area after the construction activity is completed: 14.E Percent. 7. In the Outfall table below, identify the name(s) of the first state surface water(s) that receives storm water from the construction project. Provide a description of the size, type, location of each outfall, and if the discharge is to a storm sewer system. To properly identify the state receiving water, locate the drainage(s) into which the construction project discharges- If additional outbBs are applicable, please include azs attachment. Size of Outfall Receiving Surfaee Water Drainage Arta type of Loltude and Lnngkude of Discharge [a Number Associmed with Discharge Oulfali Municipal Storm each Outfall Sewer System 001 Spring Creek 49ac (: L' enlrateJ 4$.1$.01 NM4.22.24.75 Yes G 140 Om C sheet — �_; r—11 Final Permit: 7018-2022 Form SWPPP Page 3 of 10 Section F — Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project: Sails ❑Areas of Shallow Grade ❑Areas of Steep Grade I9Slopes R Ditch @Stockpiles ❑Contaminated Soils Rmport snd Export Operations 9 Entrance I Exit Locations ❑Other Explain Materials BLoad ing and Unloading Operations Cl Storage of building materials ❑Storage of ahemicals WPortable Toilets ❑Concrete Batch Plant DAsphalt Batch Plant 09 Worker Trash ❑Demolition Materials / debris ❑ Other Explain Activities ❑Concrete Truck Washout ❑1Nasonry - Stone 1 Brick / Concrete ❑Spray 1 Wand Applications OHnish Work — Dry wall 1 Painting DEquipment Washing ❑ Washing of Buildings igMainteriunce ofEgu6pmenl N Refuel ing Operations MApplication of herbicides, pesticides, fertilizers ❑Application ofgolvents or detergents LIConstruction Dawatering ❑Other Explain Additional Pollutants List any additional pollutants likely to he present at the construction project, Non -Storm Water Discharges Select the types of allowable non -storm water discharges I ikely to be present at the construction pro.iect. Type of Allowable Non -Storm Water D1scha rge Present at Constructinn Project Irrigation Drainage 0 yes • No Landsca a Watering Yes No Pavement Wash Waters • Yes No Routine Bui(di n Wash Down Yes • No Uncontaminated spring or ground water yesWater used for dust control Yes i No Emergency fire-fi htin activities yes + No Foundation or footingdrains yes • No Incidental windblown mist from cooling towm U Yes • No Uncontaminated condensate from air conditioners coolers or other com res$vT5 0 Yes ` No Other Explain Q Yes No Final Permit. 2018-2022 Form SWPPP gage 4 of 10 Section G — Selection of Best Management Practices (BMPs) (Part 3.S) Snlect the BPs to be used during the construction project. AII selected BMPs are required to have a specification provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are rewired to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request. Erasion Control BMPs *S[Irface Roughening ❑Diversion Ditches ❑ Velocity Checks / Check Dams ii3Preservation ofExist ing Vegetation EgMinimizing Ground Disturbance E]Mulch -- Straw # Compost RITackifiers J Sail Binders ❑Temporary Seeding ❑Erosion Control Blanket ❑kaugh Cut Street Controls ! Water Bars ❑Channel Liner ❑Stream Crossing ❑ Terracing W Culvert BOutfalI 1 Outlet Protection (Rip Rap) ❑other Run On ! Runoff Control BMPs 0Temporary Slope Drain ❑]cock Rt,n Down []Clean Water Diversion ❑Drainage Sales 11Other Wattles Sediment Control BMPs RSilt Fence *Straw Wattles ❑Rock Wattles i mock Socks Q Curb Socks ❑Straw Bales Iii Earthen Berms B Vegetative Buffers ❑Drainage Ditch / ditch Berm ❑Gravel Pack ❑Tarps, Plastic, Visqueen ❑Compost Socks ❑Brush Barrier ❑Sandbag Barrier Wnlet Protection Administrative Controls ❑Concrete and Liquid Waste Washouts kdorker Toilets ❑Construction Fencing RDust Control ❑Secondary Contairment 9DUmpsters / Waste receptacles ❑Stabilized Staging Area *[Material Storage and Stockpile Area ❑paving and Painting Controls *Saw Cutting and Grinding Controls ❑Spill Prevention and Response Procedures *Traffic Control ]Back Charging 1 Penalties I*Vehicle Tracking Control Pad ❑other ❑Stabilized Vehicle Entrance ❑Stabilized Parking Area ❑Stabilized Construction Roadway ❑ Sire et Sweeping ❑ Sediment Trap ❑Sediment Basin ❑ Other Additional BY[Ps Li.5t any additional SPs likely to be used at the construction project. Past Construetion R11 N *Detention Pond(s) 8 Retention Por►d(s) ❑ Drainage Sales ❑Infiltration System{s) 0Dry Well(s) ❑Cther Final Permit: 2018-2022 Fcrm 5WPPP page 5 of D Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements. Dust comply with the City of Kalispell SWPPP requirements Dewatering Activities (Part 3. Describe dewatering activities associated with the wristruction project. Identify the SMPs to be used to control dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the de ateriug plan with the SWPPP. Dewatering activities are not expected to be required on this site. Q Dewater ng activities will be controlled on -site with no discharge to state waters. Provide a description of BMPs to be used to control dewatering activities on -site. If required we will use a dirt bag as the BMP of choice. QSeparate authorization obtained under the Construction Dewatering 6erteral Permit. MPDRS Permit Aurhnrization Number. MTG07_ 0 Dewatering plan is attached to the SWPPP for the separate authorization. Final Permit: 2018-2022 Farm SWPPP Page 6 of 10 C cc) +� u u � L Ln a C o U V 7.. tli D a � s N � L O W ++ 4m 61 :3 C ZrLCL I L Qjw Qj _:3 4-1 ? a - L C A CL dam] ate+ 4J t _ � 7 + ? A= Q 4M r: �v �+ U o ' y D MO i C a. 1 � C a Y �F c LL 4-1 CL te}' GD u CL M s Ell CL � L U (jj ❑ ❑ 0 0 C ❑ C o � {a LU cn `rf�yf • r-n y a--' L ' 2 u CZL �- rn 4-j i SC r r�co Major Construction Activity Schedule (Part 3.7) List the major construction activities identified in the table above and provide an estimated timefrume for each major construction activity. For each major construction activity, identify all construction activities that will occur during the pre posed major construction activity. See attached construction schedule for the major- construction activities listed, Section Y — Final Stabilization (Part 3.8) Identify the BMPs that will he used to achieve final stabilization, Information to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilizatlor< practices, and any temporary BMPs. Final stabilization will be achieved utilizing hydro seeding and drill seeding mix design of the seed will be as specified. Erosion control tackifters, mulching or matting installed as per manufacturers recommendations on slopes. Section 3 R Post -Construction Storm Water Management (fart 3.4) Identify EMPs that wiIi be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements. Storm water will be controlled by use of the detention basin and discharge structure with rip rap. All work to be in compliance with the local Kalispell City Standards. Final Permit: 2018-2022 Form SWPPP Page of 10 Section K Site Map (Part 3.10) Develop and attach the required SW PPP site maps and plans with the SWPIPP. The site maps or plans must clearly indicate all the required information in Parr 0 of the Genera Permit. This means SWPPP site maps must be of sufficient size, scale,arid legibility. Section L Inspection and B P Mai aten anee Procedures (Part 3.11) Select the inspection schedule for the Construction project: ❑ Once every 7 calendar days FlOnce every 14 calendar days, and a post -storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater, andlor within 24 hours of runoff from snowrnelt. Check one: The rainfall event will be determined by either f� a rain gage on site or Othe following weather service: National weather service Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part 3.12 of the General Permit. If post construction Bl41Ps will be used during major construction activities, include a maintenance plan that wi11 transition the B M P from active construction to past construction. Crews onsite daily during construction of the project will monitor and repair BMP's as necessary. Changes will be documented on the master erosion control plan as they occur. The only post construction BMP will he the retention pond onsite and it will be cleaned out upon completion of the construction activities. Section M — Water Quality Controls for Discharges to Impaired Water bodies (Part 2) Describe BMPs that target and reduce discharges of identified pollutants of impairment to impaired waterbodies. The perm ittee should only describe add itionai BMPs based on their construction activities pollutant sources. Include any applicable TMDL condition, goal, regtiirernent, implementation intent, or specific controls or requirements as directed by the Department_ N/A Final Permit: 2018-2022 Form SWPPP page 9 of 10 Section N — Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP. Section O - CERTIFICATION PermitteeInformation: This SWPPP must be cornpIcted, signed, and certified as follows: • For a corporation, by a principal officer of at least the level ofviee president; • For a partnership ar sole proprietorship, by a genera! partner or the proprietor, respeClive iy; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official, Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A. person is a dniy authorized representative only if: • The authorization is made in writing by a person described above; • The authorization specifies either an individual or a position having responsibility for the overall operation of thn regulated facility or activity such as the position of plant manager, operator of well or a reelI field, superintendent, position ofoquivaIent re5 po n s i bi I i ty, or ati individuai or position having overall responsibiIity for environmental matters for the compaiiy (a duly authorized representative may thus be either a named individual or any individual ocvupying a named position); ■ The written authorization is submitted to the department. All Permittees Must Complete the Following Certification; I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering The information, the information submitted is; to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5- 633, MCA] A. Name (Type or Print) _ 6110 ZL-6�. B. Title (Type or Print) C. Phone No. D. Signature E, Rate Signed The Department will not process this form until all of the requested information is supplied, and the a ate fees are paid. Return this form and the appiicaHe fee to: Department of1~nvironmental QuaG RECOVERS Water Protection Bureau Pa Box 200901 Jl]N Helena, MT 59620-0901 r (406) 444-3090 ' Final permit. 2018-2022 Form SWPPP .-Paged 10 �I7�7�7 us. VUA" W ar tx krt� , ■y..w wUaw ! 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S ♦r M� [�Y5 r �] w CI} � o z Q OWI ❑� �� a NVDF 67 l it !f•' Jl I ! i .�� r f � ! i; � �y;�� ; 1� + � � �, �a'�•" �'�ry fir � � 1!� � I ti � \� — _ —Y r � • 1 , { ti ti 1� I� 1 II rr 1 r• r�ir i 40 Jit Ksrxu i &Er Pwmnom - — - fMULL MAW WA7LS j pit 029FM kNo rrtw "TCK ' fiftWrm C.JLVMTS " pfj " BASINS TH CPDE CRAIA3 i • SEOETAiL.TW5 T (TYP) I SEE DVA L TNS ' EET i r 1 ! !r r r r td f COri iRti."PM' x ! }f F F 1 3aa—�k � * wirm t CLE M47 OF ENTRY —i + CT To DANCE LOCATION t + ! J ! I f IOQORGAHCE i1-I�RTRACTCR f r T;•4JCT4Ot1 A3 f II ti IM'S7ALL VE1110.E TR/ Z FAA • I i October 24, 2018 Meadows Edge LLC Layne Massie 460 N. Somers Rd Kalispell, Mt 59901 Re: Approval letter for City Stormwater Management Permit Number SW18-0049 for project site: Intersecton of Three Mile Drive and Farm to Market Road, Kalispell, Mt S9901 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 Stormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control Best Management Practices Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtrnl). 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@kalispell.com. Sincerely, C. Casey Lewis Environmental Specialist Public Works Department City of Kalispell 2019st Avenue East, P.O. Box 1997, Kalispell, MT 59903- Phone (406) 758-7720 - Fax (406) 758-7831, www.kalispell.com From: Chuck Pisk To: "Casey Lewis" Subject: RE: Meadows Edge PH1A Date: Wednesday, October 24, 2018 9:32:00 AM Attachments. imaae005,pna Casey, Thank you for the correction, and yes we acknowledge the impairment. I was on my way to look that up and must have gotten diverted. I will update the DEQ version as well. Thanks again. Sincerely, C" A. Nl� General Manager Sandry Construction Co., Inc. Ph: 406-752-2419 Fax:406-752-7263 Cell: 406-261-4128 chuck@ andryconstruction.com From: Casey Lewis [mailto:clewis@kalispell.com] Sent: Wednesday, October 24, 2018 9:23 AM To: Chuck Pisk <chuck@sandryconstruction.com> Subject: RE: Meadows Edge PH1A Chuck, I've gone through your application and overall it looks really good. There is one error I noticed. Your application states that the receiving surface water is Spring Creek and does not list it as an impaired water. Spring Creek is listed as impaired by DEQ. It's impairments include: • Alteration in vegetation • Arsenic • Dissolved oxygen • Flow modification • Habitat alterations ■ Nitrate -nitrite • Total nitrogen • Total phosphorus All precautions possible should be taken to prevent additional pollutants from entering Spring Creek. Information on local water quality impairments can be found on our website (https://www,kalispeli.com/509/Local-Water-Quality-i5sues) and on DEQ's site (http://svc.mt.gov/deg/dst/#Lapj2Zcw-aic). Can you acknowledge by replying to this email that Spring Creek is an impaired waterbody? I can approve your application once I receive the acknowledgment. i would also recommend updating your DEQ SWPPP to reflect that it is an impaired waterbody. Best, Casey Casey Lewis Environmental Specialist Public Works Department City of Kalispell, Montana From: Chuck Pisk <c dr constructs n.c > Sent: Tuesday, October 23, 2018 3:39 PM To: Casey Lewis <clewisPkaJspeli.corn> Subject: Meadows Edge PH1A Casey, The conformation letter from DEQ is pending but I have submitted the SWPPP application and the NOI application to DEQ, copies of each are attached. Sincerely, e A. N44 General Manager Sandry Construction Co., Inc. 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Checklist.pdf; 6 - Meadows Edge Engineering Conditional Approval (with Geotech Letter).pdf Hi Stephanie, Thanks for your email. We agree with your TIS comments and will incorporate a right turn only lane in the westbound leg of the new intersection design. Last year, Phase 1 was broken into two phases (Phases 1A and 1B). A majority of Phase 1A was constructed last year and is currently undergoing final plat and the Phase 113 design is currently going through agency review with the City of Kalispell and DEQ. The offsite road improvements will be required prior to final plat of Phase 113 as part of the conditions of approval associated with Phase 1. The new intersection design will be a part of those offsite road improvements. To suffice the final approach permit requirements for Phase 1A per your email below, I have attached the following information: • Plan sheet of the approach design of Mountain Vista Way onto Farm to Market Road. The design matches the existing Mountain Vista Way approach onto Farm to Market Road previously constructed for the Mountain Vista Estates subdivision to the east of Meadows Edge. Copies of the utility occupancy permits obtained for the water and sewer mains in the Farm to Market Road right-of-way are also attached. • A technical memo to document the existing and proposed drainage conditions associated with the new approach. Since the approach is at a high point, the drainage will flow away from the approach in accordance with existing conditions. No new impervious areas will contribute flows into the existing ditch. Any new runoff is managed within the proposed subdivision. A plan sheet accompanies this technical memo noting the drainage patterns in the ditch areas. • The requested final approach permit items are attached for your review and approval. • The City of Kalispell Phase 1A design approval letter. We will provide the requested information associated with the anticipated land exchange for the offsite road improvements as we move ahead with that design process. Please let me know if you have any questions. Thanks, Stephanie Reynolds, P.E. Senior Project Engineer 171034.4 From: Maes, Stephanie <smaes@mt.gov> Sent: Friday, March 15, 2019 11:03 AM To: Stephanie Reynolds <sreynolds@wgmgroup.com>; Brett Walcheck <bwalcheck@wgmgroup.com>; Mark Bancale <MBancale@wgmgroup.com> Cc: Freyholtz, James <jfreyholtz@mt.gov>; Brelin, Stanton <sbrelin@mt.gov>; Bolan, Danielle <dbolan@mt.gov>; Juelfs, Justun <jjuelfs@mt.gov>; Toays, Ed <etoays@mt.gov>; Stack, Shane <sstack@mt.gov> Subject: Meadows Edge Subdivision - S-424/Farm to Market Rd, Kalispell (65.71.1025.01) Stephanie, MDT staff have reviewed the cover letter and responses to MDT's comments on the traffic impact study you submitted in the email below, and we have the following comments: • We concur with installation of a 4-way stop at the W Springcreek Road/Three Mile Drive intersection. • We disagree that the newly aligned intersection have a single lane on each approach. The westbound leg of the 4-way stop should include a right -turn only lane. We concur with the recommendation that this development provide right-of-way to allow for a future roundabout. In order to move forward with the approach permit process and construction of the Mountain Vista Way extension to serve Phase I, please submit the following: • Designs for the approach, including all work to take place within MDT R/W for phase 1. • A hydraulic report for the site which documents the proposed design and residual effects the project will have on the highway system with respect to drainage. • A Driveway Approach Permit and Environmental Checklist for the requested approach. • Any additional governmental permits, authorizations or approvals needed for the project. For approval and permitting access of the future phases, we are also working on a land exchange between Meadows Edge and MDT, and will require the developer to enter into an Agreement with MDT for future mitigations (the elimination of the curve on Farm to Market Road to create a conventional four -legged intersection). Please submit: • A conceptual design for the future roundabout in order to verify the needed right-of-way area. • Two separate exhibits detailing the two areas of right-of-way to be exchanged, which include o Dimensions (metes and bounds) o Acreage o Legal description of the location o North arrow o Must be to scale If you have any questions, please let me know. Thank you, Stephanie From: Stephanie Reynolds <sreynolds@wgmgroup.com> Sent: Friday, January 18, 2019 9:17 AM To: Maes, Stephanie <smaes@mt.gov> Cc: EMAIL FILE BASKET <EMAILFILEBASKET@wgmgroup.com>; Brett Walcheck <bwalcheck@wgmgroup.com>; Mark Bancale <MBancale@wgmgroup.com>; Freyholtz, James <ireyholtz@mt.gov> Subject: Response to MDT Comments on Meadows Edge TIS Hi Stephanie, Attached please find a cover letter and our response to MDT's comments on the Meadows Edge TIS. Please let us know if you have any questions as you are going through your review. Thanks, Stephanie Reynolds, P.E. Project Engineer OFFICE: 406-756-4848 CELL: 406-241-7712 EMAIL: sreynolds@wgmgroup.com ADDRESS: 431 1 st Avenue West, Kalispell, MT 59901 171034.4 rD7*Montana Department of Transportation Michael T. Tooley, Director 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 1" Avenue West Kalispell, MT 59901 Subject: Meadows Ed e 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: t406t 751-2000 TIY: (800) 335-7592 Fax: t406t 752-5767 Web Page: www.mdt.mt.gov 2701 Prospect Avenue State of Montana PO Box201001 Helena, MT 59620-1001 AW7* Montana Department of Transportation Phone: (406) 444-7237 MDT-MAI-006 11/13 Fax (406) 444-0807 Page1>of2 Driveway Approach Application and Permit 1TY:(406)444-7696 WWW.mdtmt.aov To be filled in by Department of Transportation Print Form F.A. Route No: Milepost: Project: Approach Station: C-424 (5-424) L11 FAS S 157(1) 149+00 LT District: Missoula Count Maint Section No: Flathead 1201 Drainage as determined by Department of Transportation Type: ISee attachment Sight Distance (feet): Right: 925 proac Recomme e strict ra t Engineer or Traffic & Safety Bureau Access Control: (^ Yes (e No Size: Length: If Access Control is es: Approach Recommended by Access Manager, R/W Bureau D �� I, a Dat Date (PROPERTYOWNER) Name Phone\Fax Number Edge, LLC (Attn: Layne Massie) (406) 407-1309 Address City State yip Code E-mail P.O. Box 7184 Kalispell FT7 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: C7tl,er (Specify ->) Construction/Temporary Access 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 town) Kalispell Street Name, if any: j Farm to Market Road Surfacing !Asphalt +Width 124 ft. (fog line to fog line) Estimated number of trips per day: 200 Side of Roadway 1W Width: 28' Flare: 125' • 50 mph- This permit is for a temporary six month access to the Meadows f ae Lpment to allow the developer to began construction work on Phase 1A. al permit will be issued upon completion of the MDT review and approval as summarized in the attached email dated 9/27/18. 2701 Prospect Avenue State of Montana PO Box201001 MD7* Helena, MT 59620-1001 Montana Department of Transportation Phone: (406) 444-7237 MDT-MAI-006 11 /13 Fax (406) 444-0807 Page 2of2 Driveway Approach Application and Permit TTY: (406) 444-7696 www.mdt.mt.gov (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 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 ifthe 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 thirty 30 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 anyway 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 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 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 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 beat 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 aforegoing instrument, hereby accepts this permit, together with all of the terms and conditions set forth therein, 1 e by Permittee To be filled in by Department of Transportation Personnel Completed Approach Inspection By: Date Title: 10/2018 Attachment for Meadows Edge Temporary Construction 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 permit form. A. This permit is for permission to have use of a temporary construction access for six months only which will allow the Meadows Edge development to start construction work on Phase IA. It will be located across from the existing Mountain Vista Way. A new final approach permit will be issued at this location when the MDT SIAP review is completed with approved design plans. B. Appropriate practices should be used to prevent material from being tracked from the site onto the roadway. Permittee is responsible for any rocks, gravel, or debris that is carried onto the roadway by construction activities. Sweeping and cleaning of the roadway will be done daily as needed at the permittee's/contractor's expense. C. A culvert is not required for the temporary approach; however, if MDT determines that there are drainage issues because of this approach the permittee is required to immediately address such issues to the satisfaction of MDT. D. Permittee or their contractors are required to use traffic control as required by MDT while working in the right-of-way. E. Permittee or their contractors are required to locate and move or protect all utilities in the MDT right of way. Repair of damage caused by construction will be the responsibility of the permittee. F. Notify the MDT, Dennis Oliver at 406-751-2023, prior to starting construction activities in the right-of-way to ensure traffic control and construction activities meet MDT approval. Permittee Initials: 2701 Prospect Avenue PO Box 201001 PILVINIp- Montana Department of Transportation Helena, MT 59620-1001 Phone: (406) 444-7228 MDT-ENV-006 04/17 Environmental Checklist Fax (406) 444-7245 Page 1 of 2 TTY: (406) 444-7696 Yvww�r i�iL�gQv_ Date Choose type of Environmental Checklist: Encroachment/Occupancy (including Utility) Highway or Route: Milepost(s): Farm to Market Road Physical Address: City: 1120 Farm to Market Road Kalispell Legal Description: County: Three tracts of land in the East half Flathead Township: Range: Section(s): 28N 22W 3 Name: Title City of Kalispell Company/Utility: Public Works Mailing Address: Phone: 201 1 st Ave. E. City: State: Zip: Business Phone: Kalispell MT 59901 (406) 758-7720 Montana Environmental Checklist Help Guide (click button to view) I Guide ct Questions Comment, Expl, and/or ins that qualify for Categorical Exclusion under MEPA and/or NEPA (See ARM 18.2.261 and 23 CFR 771.117) Information Source (Attach 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)? r'Yes r'No 2 Will the proposed action impact any publicly owned parkland(s), recreation area(s), wildlife or waterfowl (` Yes G No refuge(s)? 3 Will the proposed action impact prime farmlands? (If yes, attach a completed Farmland Conversion Impact r Yes re No Rating Ad-1006.) 4 a. Will the proposed action have an impact on the human environment that may result from relocations of f Yes r- 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? rC Yes r' No Preliminary Plat approval was granted for the project on 6/4/18. 5 For the proposed action, is there documented controversy on environmental grounds? (For example, has r Yes re 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? f Yes G No 7 Will the proposed action require work in a Class I Air Shed or nonattainment area? r Yes r' No 8 Will the proposed action impact air quality or increase noise, even temporarily? 9 a. Is the proposed action located within an MS4 Area? b. Will the proposed action have potential to affect water quality, wetlands, streams or other water bodies? If YES, an environment -related permit or authorization may be required. 10 Are solid or hazardous wastes or petroleum products likely to be encountered? (For example, project occurs in or adjacent to Superfund 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 the proposed action? b. Will the proposed action adversely affect listed or candidate threatened or endangered species, or adversely modify critical habitat? 12 Will the proposed action require an environmental -related permit or authorization? If the answer is 'yes," please list the specific permits or authorizations. 13 Is the proposed action wilhin designated sage grouse habitat (hllps:/Isagegrouse.mt.gov/projects). (If yes, 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? b. If "Yes", will a Tribal Water Permit be required? to Yes C No r Yes r' No r' Yes i? No A SWPPP will be implemented during construction. C' Yes G No r� Yes i No Bull Trout C Yes No (� Yes (' No A SWPPP will be required for construction. C' Co' No r'YesNo C Yes (' No (e N/A 15 Will the proposed action result in increased traffic volumes, increased wait or delays on state highways, or C Yes (% No have adverse impacts on other forms of transportation (rail, transit or air movements)? AH)7* Montana Department of Transportation MDT-ENV-006 04117 Environmental Checklist Page 2 of 2 Is the proposed action part of a project that may require other governmental permits, licenses or (: Yes C No 16 easements? If "Yes", describe the full extent of the project and any other permits, licenses or easements that may be necessary for the applicant to acquire. 17 Attach a brief description of the work to be performed, including any subsurface work. 18 Attach representative photos of the site{s) where the proposed action would be implemented. Photos are to include any structures, streams, irrigation canals, andlor potential weltands in the project area. 19 Attach map(s) showing the location(s) of the proposed action(s); Section, Township, Range; highway or roule number and approximate route post(s). Checklist preparer: Title: Stephanie A. Reynolds, P.E. Project Engineer (WGM Group) Reviewed for completeness by: 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 Phone: (406) 444-7228 Fax (406) 444-7245 TTY: (406) 444-7696 wfvw.rrtdt.mt.ony Phase 1A is part of a large subdivision project. MDT construction/approach permit required along with City and DEQ approvals. Description Attached Photos Attached Maps Attached Date Sep 21, 2018 l �a Sign tune 4 7 Is n e�� ! — • s Aresen a:: — Tile �a Checklist Approved by: Environmental Services Bureau Title ate (When any of the items 1 through 16 are checked "Yes") ransportatton arming Date (When any of the items 15 or 16 are checked "Yes") Checklist Conditions and Required Approvals A. The applicant is not authorized to proceed with the proposed work until the checklist has been reviewed and approved, as necessary, and any requested conditions of approval have been incorporated. B. Complete the checklist items 1 through 16, indicating "Yes" or "No" for each item. Include comments, explanations, information sources, and a description of the magnitudehmportance of potential -impacts in the right hand column. Attach ;additional and supporting information as needed. Ensure that information required for items 17. 18, and 19, is attached. The checklist preparer, by signing, certifies the accuracy of the information provided. C. If "Yes" is Indicated on any of the items, the Applicant must explain the Impacts as applicable. Appropriate mitigation measures that will be taken to avoid, minimize, andlor mitigate adverse impacts must also be described. Any proposed mitigation measures will hecome a condition of approval. Use atlachments if necessary It the applicant checks "No" and the District concludes there may in fact be potential impacts, the Environmental Checklist must be forwarded to Transportation Planning for review and approval- D. If "Yes" is indicated in item 11 a. (threatened or endangered species), the Applicant should provide information naming the particular species and the expected location, distribution and habitat use in the proposed action area, i.e. within the immediate area of the proposed action; or, in the general area on occasion (seasonally passes through) but does not nest, den or occupy the area for more than a few days. E. If the applicant checks "Yes" for any item, the approach permit, occupancy agreement or permit. along with the checklist and supporting information, including the Appficanfs mitigation proposal, documentation, evaluation and/or permits must be submitted to Transportation Planning. Electronic format is preferred. F When the applicant checks "Yes" to any item, the Applicant cannot be authorized to proceed with the proposed work until the MDT Environmental Services Bureau and/or Transportation Planning, as appropriate, reviews the information and signs the checklist. G. Applicant must obtain all necessary permits or authorizations from other entities with jurisdiction prior to beginning the proposed action or activity. The Applicant is solely responsible for any environmental Impacts incurred as a result of the project; obtaining any necessary environmental permits, notifications, and/or clearances: and ensuring compliance with environmental laws and regulations. PUBLIC RIGHT-OF-WAY PERMIT CITY OF KALISPELL PUBLIC WORKS DEPARTMENT 201 FIRST AVENUE EAST KALISPELL, MT 59901 Phone: 406-758-7720 Permit Fee $10.00 Date Submitted: l n�1� jI Date Issued: CD z$ e Permit Number: PERNUT LOCATION 1 OWNER AND CONTRACTOR INFORMATION Owner's Name: S r—� 5 �....I-e_-- Job Address: Contractor's Name: ■ Contractor's Address: Contractor's Business Phone: Cell: --',U FArb -441o�—, Wc_ /(?3 TYPE AND PU"OSE OF PERMIT ►Excavation Temporary Use Utility Construction sidewalk Landscaping Driveway Temporary Obstruction Curbing BID Business Sidewalk Use Sidewalk Sign Other Description of Work or other use of the Right -of -Way: '05(4 12!>01V is !w•) Date Work/Use will Begin: iIL6 A5__Date Work/Use will End: REQUIlZED S" IITTALS: Permit will not be issued same day as applied for. Three (3) Work Days Review Time May Be Required. Insurance Bonding f 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 Premises Liability policies which shall insure that portion of public right-of-way under permit. The insurance must be in a form suitable to City. CONTRACTOR CERTIFICATION I am familiar with the current Standards for Desimi 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 Public Works Department. A minimum of twenty four (24) hours a s natifica in is I ed ' o der to schedule and perform the inspection. Signature df 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 C WORKS APP City of Kalispell Publicrks Department Comments: This approved Permit must be kept 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 DAYS BEFORE YOU DIG — 755-UDIG (755-8344) March 2014 Revision I1 Charity Zemke From: Charity Zemke Sent: Wednesday, March 20, 2019 2:55 PM To: Charity Zemke Subject: FW: Meadows Edge Subdivision - S-424/Farm to Market Rd, Kalispell (65.71.1025.01) From: Maes, Stephanie <smaes@mt.gov> Sent: Friday, March 15, 2019 11:03 AM To: Stephanie Reynolds <sreynolds@wgmgroup.com>; Brett Walcheck <bwalcheck@wgmgroup.com>; Mark Bancale <MBancale@wgmgroup.com> Cc: Freyholtz, James <ifreyholtz@mt.gov>; Brelin, Stanton <sbrelin@mt.gov>; Bolan, Danielle <dbolan@mt.gov>; Juelfs, Justun <iiuelfs@mt.gov>; Toays, Ed <etoays@mt.gov>; Stack, Shane <sstack@mt.gov> Subject: Meadows Edge Subdivision - S-424/Farm to Market Rd, Kalispell (65.71.1025.01) Stephanie, MDT staff have reviewed the cover letter and responses to MDT's comments on the traffic impact study you submitted in the email below, and we have the following comments: • We concur with installation of a 4-way stop at the W Springcreek Road/Three Mile Drive intersection. • We disagree that the newly aligned intersection have a single lane on each approach. The westbound leg of the 4-way stop should include a right -turn only lane. We concur with the recommendation that this development provide right-of-way to allow for a future roundabout. In order to move forward with the approach permit process and construction of the Mountain Vista Way extension to serve Phase I, please submit the following: • Designs for the approach, including all work to take place within MDT R/W for phase 1. • A hydraulic report for the site which documents the proposed design and residual effects the project will have on the highway system with respect to drainage. • A Driveway Approach Permit and Environmental Checklist for the requested approach. • Any additional governmental permits, authorizations or approvals needed for the project. For approval and permitting access of the future phases, we are also working on a land exchange between Meadows Edge and MDT, and will require the developer to enter into an Agreement with MDT for future mitigations (the elimination of the curve on Farm to Market Road to create a conventional four -legged intersection). Please submit: • A conceptual design for the future roundabout in order to verify the needed right-of-way area. Two separate exhibits detailing the two areas of right-of-way to be exchanged, which include o Dimensions (metes and bounds) o Acreage o Legal description of the location o North arrow o Must be to scale If you have any questions, please let me know. Thank you, Stephanie From: Stephanie Reynolds <sreynolds@wgmgroup.com> Sent: Friday, January 18, 2019 9:17 AM To: Maes, Stephanie <smaes@mt.gov> Cc: EMAIL FILE BASKET <EMAILFILEBASKET@wgmgroup.com>; Brett Walcheck <bwalcheck@wgmgroup.com>; Mark Bancale <MBancale@wgmgroup.com>; Freyholtz, James <ifreyholtz@mt.gov> Subject: Response to MDT Comments on Meadows Edge TIS Hi Stephanie, Attached please find a cover letter and our response to MDT's comments on the Meadows Edge TIS. Please let us know if you have any questions as you are going through your review. Thanks, Stephanie Reynolds, P.E. Project Engineer OFFICE: 406-756-4848 CELL: 406-241-7712 EMAIL: sreynolds@wgmgroup.com ADDRESS: 431 1 st Avenue West, Kalispell, MT 59901 171034.4 KALISPELL FIRE DEPARTMENT Dave Dedman — Fire Chief PO Box 1997 Jon Campbell — Assistant Fire Chief 312 First Avenue East Cec Lee — Executive Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Tuesday, November 19, 2019 Brian Steddum WGM Group 431 1st Ave W. Kalispell MT, 59901 Re: Meadows Edge phase 1B Hydrant layout Dear Brian, Please find this letter as acceptance of the proposed hydrant layout for Meadows Edge Subdivision phase 1B as discussed in our email correspondence dated July 15, 2019. If you have any additional questions please feel free to contact me. Dave Dedman, Fire Chief City of Kalispell "Protecting our community with the highest level of professionalism. " From: Dave Dedman To: Brian Steddum; Stephanie Reynolds Cc: EMAIL FILE BASKET Subject: RE: Meadows Edge Phase 1B - Fire Department Review Date: Monday, July 15, 2019 4:11:59 PM That will work. From: Brian Steddum <bsteddum@wgmgroup.com> Sent: Monday, July 15, 2019 3:37 PM To: Dave Dedman <ddedman@kalispell.com>; Stephanie Reynolds <sreynolds@wgmgroup.com> Cc: EMAIL FILE BASKET <EMAILFILEBASKET@wgmgroup.com> Subject: RE: Meadows Edge Phase 1B - Fire Department Review Dave, I have reviewed your request and appreciate your timeliness. We would like to keep the current layout we have submitted. A hydrant is located on North Camas Lane along the front of Lot 19 which was installed as part of Phase 1A. I have shown the distances from this hydrant to the proposed hydrants along Morning Eagle Drive. We request approval with the current layout submitted. Please correct me if I'm incurrent one what you are requesting. Brian Steddum From: Dave Dedman <ddedmanC@kalispell.com> Sent: Monday, July 15, 2019 1:41 PM To: Stephanie Reynolds <sreynoldsl@wgmgroup.com> Cc: EMAIL FILE BASKET <EMAILFILEBASKETI@wgmgroup.com>; Brian Steddum <bstedduml@wgmgroup.com> Subject: RE: Meadows Edge Phase 1B - Fire Department Review Stephanie and Brian, I have quickly reviewed (sorry for the delay) the hydrant layout for Phase 1B and have one request fire approval. Due to the distance and a readily accessible hydrant available to the lots located on North Camas Lane I will need to require a hydrant located on North Camas Lane for this phase. There are two hydrants located on Morning Eagle Drive. The hydrant that is readily accessible falls close to 700' from the end of the North Camas phase and is too far of a distance. There is a hydrant at the phase termination for the Morning Eagle Drive however it is not readily accessible for our apparatus to use without having to turn and back into the hydrants location to lay into North Camas Lane. Is it possible to reposition a future phased hydrant on North Camas to facilitate this requirement? From: Stephanie Reynolds <sreynoldsC@wgmgroup.com> Sent: Friday, June 28, 2019 5:07 PM To: Dave Dedman <ddedmanC@kalispell.com> Cc: EMAIL FILE BASKET<EMAILFILEBASKETIcDwgmgroup.com>; Brian Steddum <bstedduml@wgmgroup.com> Subject: Meadows Edge Phase 1B - Fire Department Review Hi Dave, I would like your review of the Meadows Edge Phase 1B plans in order to obtain Fire Department approval of the fire hydrant locations. I just uploaded the plan set to MT File Transfer Service under Keith Haskins' account. Would you be able to obtain a copy from him or do you want me to send you a OneDrive link to access the PDF plan set? Thanks, Stephanie Reynolds, P.E. Senior Project Engineer OFFICE: 406-756-4848 CELL: 406-241-7712 EMAIL: srevnolds[wamarouo.com ADDRESS: 431 1st Avenue West, Kalispell, MT 59901 171034.4 Charity Zemke From: Charity Zemke Sent: Friday, March 01, 2019 2:31 PM To: Charity Zemke Subject: FW: Meadows Edge Park Maintenance District From: Chad Fincher <cfincher@kalispell.com> Sent: Wednesday, February 27, 2019 12:18 PM To: wade@edgedevelopment-mt.com Subject: RE: Meadows Edge Park Maintenance District Wade, The condition is meant for if the development and their HOA no longer maintains the parks within the proposed/approved subdivision, the city may form a Park Maintenance District to the property owners to maintain the park(s). Initially if you have in your covenants that the HOA is to maintain the park through the dues it collects, we are ok with that. Hopefully that helps you. Chad F.acher Parks and Recreation Director Kalispell Parks and Recreation P.O. Box 1997 Kalispell, MT59903 (406) 758-7960 office (406) 758-7719 fax httr)://www.halisr)ell.com/Darhs and recreation/ 41PE14PRecre"On From: wade@edgedevelopment-mt.com [mailto:wade@edgedevelopment-mt.com] Sent: Tuesday, February 26, 2019 10:50 AM To: Chad Fincher Subject: Meadows Edge Park Maintenance District Chad, One of our conditions of approval for our Meadows Edge subdivision is the creation of a "park maintenance district" (#18 in the attachment). We are unsure of what exactly that is. Would you have any input for us? Did your daughter get signed off on her ankle? Wade Rademacher Edge, LLC. 4126 Highway 93 S. (406) 261-1707 Rest and Picnic Station #4 Shelter, Benches, Waste Receptacles Accessible Playground What 6 goi,g in this space? Alm Play Structure, Benches, Waste Receptacles Fenced Pet Area P Master Park and Trail Plan Tract 3, L 1/2 Section 3, T28N, R22W P.M.M. Flathead County, MT MEADOWS —EDGE— Edge Meadows Planned Unit Development Developer: Edge LLC WETLAND dill i r I T - F li I Y I i Benches, Fencing, Waste Receptacles SC-fe 0 h ,� a� sow epde Rest and Picnic Station #3 Benches, Waste Receptacles Sitlewalk to run en�ve length of project. R and Picnic ` ation #2 ....... :W17 — Shelter, Benches, Waste Receptacles Remove this section. Vail. It runs parallel to sitlewalk Rest and Picnic Station #1 7M1ls Vail system ou kl to much Impler. i,g loops tyiM antl �yi,g into paeM1-d br Al use s that will to for ul tlies. Shelter, Benches, Waste Receptacles Entry Signage 11011Ml IFuture Commercial Three Mile Drive Plan Key 6' Wide Compacted Gravel Trail Trail and Park Amenities Park, Open Space and Buffer 4 WGM'GGRROUP Date: 3-25-2019 KALISPELL January 10, 2020 Kristine McMahon, PLS Professional Land Surveyor W GM Group 431 1st Ave West Kalispell, MT 59901 Re: Meadows Edge —Phase I Dear Ms. McMahon: The Final Plat for Phase 1B of the Meadows Edge Subdivision (PDF file dated 01-02-2020) has been reviewed by the Department of Public Works to ensure conformance with 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, *L"t5k� Keith Haskins, PE City Engineer cc: Jarod Nygren — Planning Director 201 ]'Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www. ka&spell.com March 26, 2019 Kristine McMahon, PLS Land Surveyor W GM Group 431 1st Ave West Kalispell, MT 59901 Re: Meadows Edge, Phase I Dear Ms. McMahon: The Final Plat for Phase IA 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 ]'Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www. ka&spell.com Stephanie Reynolds From: Stephanie Reynolds Sent: Thursday, January 9, 2020 1:39 PM To: 'Maes, Stephanie' Cc: EMAIL FILE BASKET; Mark Bancale; Stephen McDaniel; Freyholtz, James Subject: Meadows Edge Offsite Improvement Project - 60% Design Review Plan Set Attachments: Meadows Edge Offsite Road Improvements - 60% Design.pdf Hi Stephanie, Attached please find the 60% design plan set for the Meadows Edge Offsite Road Improvements project for your review and comments. Thanks, WGMGROUP Stephanie Reynolds, P.E. Senior Project Engineer OFFICE: 406-756-4848 CELL: 406-241-7712 EMAIL: sreynolds@wgmgroup.com ADDRESS: 431 1 st Avenue West, Kalispell, MT 59901 171034 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 nonprofit 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. b. 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 improve and insure the roads, alleys, parks, open spaces and comrrron areas in the Meadows Edge Subdivision for the benefit of said owners. b. The general purposes are to provide all types of services, facilities and improvements deemed useful, beneficial and helpful to the owners; to provide for insurance coverage of the assets of the corporation; to enforce the Covenants, Conditions, Restrictions and Reservations of Meadows Edge; to purchase, lease, construct, contract for, develop or otherwise acquire such property, real or personal, tangible or intangible, as may be necessary to or convenient to carry out said primary objects and purposes, to care for and maintain all property owned by it or under its control; to appoint such committees as may be necessary to or convenient in carrying out said primary objects and purposes; and to enter into, make or perform contracts of every kind with any person, firrn, association, corporation, municipality, county, state, body politic or government conducive to the attainment of any of the objects or purposes of the corporation. c. To have and exercise all rights and powers, and to do any and all things that a corporation can do for the benefit of its members, all pursuant to the Non -Profit Corporation Act of the State of Montana from time to time as existing. IN WITNESS WHEREOF, I have made, subscribed and acknowledged these Articles of Incorporation this -91 day of February, 2019. MEADOWS EDGE HOMEOWNERS ASSOCIATION, INC. By: 2., /Z--, Wade Rademacher, Incorporato STATE OF MONTANA :ss. County of Flathead ) ki This instrument was acknowledged before me on this ;Z1 day of February, 2019, by Wade Rademacher, Incorporator. ADELINA PETROVA HANSOM ' ` �0TAR1q_�na=for Notary Public the State of Montana / SEAL."*= '� . z4a Residing at: Notary Public Whitefish, Montana ��fi�p? �° My Commission Expires " May 01, 2022 ARTICLES OF INCORPORATION Page 2 State of Montana BYLAWS OF MEADOWS EDGE HOMEOWNERS ASSOCIATION INC. ARTICLE I 12363737 NAME OF CORPORATItana Secretary of State Filed: February 26, 2019 12:49 PM The name of the Corporation shall b, the Meadows Edge ffiWpOVWgAssociation, Inc, hereinafter referred to as the "Corporation", ARTICLE II 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 members, 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 I ssued 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 (c). (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 ARTICLE III MEMBERS Section 1, Membership, Membership in.the Corporation shall be open to anyone who owns property in Meadows Edge Subdivision, Kalispell, Flathead County, Montana, The Board of Directors may, but shall not be required to, impose dues for membership, There ,shall be one vote for each property in Meadows Edge Subdivision at the annual meeting and any special meeting of the members, Section 2, Meetings of the Members, A; Annual Meetings, An annual meeting of the members shall be held in Flathead County once yearly. The Board of Directors shall fix the time and place for the meeting, The purpose of the meeting shall be to elect directors and transact any other business that may came before the membership, B. Special„ Meetings.. Special meetings of the members may be called by the President, the Board of Directors, or not less than ten percent of the members. C. Members Meetings by Conference Telephone, Members of the Corporation may participate -in a members meeting by means of a conference telephone or similar communications equipment provided all persons entitled to participate in the meeting receive proper notice of the telephone meeting and provided that all persons participating in the meeting can hear each other at the same time. The member participating in a conference telephone meeting is deemed present in person at the meeting, . D. Notice of Meetings. Notice of the annual meeting and any special meeting shall be given to each member, either personally, 'by mail, by facsimile or by electronic communication, no less than five days before the meeting, In the event of delivery by mail, the effective date of the notice shall. be the date it is mailed, E. Member Quorum and Voting Requirements. A majority of the votes entitled to be cast on a matter constitute a quorum of the members for action on that matter, Once a member is represented for any purpose at a meeting, the member is deemed present for quorum purposes for the remainder of the meeting and for any adjournment of the meeting. If a quorum exists, action on a matter is approved if the votes cast favoring the action exceed the votes cast opposing the action, 2 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 Ri hts 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 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 at Principal Office, 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 for the member's agent or attorney) has the right to 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 artioles 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; (4) 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 chargo, covering 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 ARTICLE IV BOARD OF DIRECTORS Section 1. Directors, All corporate powers shall be exercised by or under the authority of, and the business and affairs of the Corporation shall be managed under the direction of the Board of Directors, Only Members of the Corporation shall be eligible to serve as directors, The Board of Directors shall 'be composed of no fewer than three (3) and no more than five (5) persons, The number of initial directors shall be three, and thereafter the exact number of directors shall be fixed by resolution of the Board of Directors. At the initial meeting of the Board of Directors the members of the Board shall by lot draw for terms of office so one serves for one year, one serves for two years, and one serves for three years, Following the expiration of the initial staggered terms, the terms of office for each director shall be for a period of three (3) years, Unless otherwise provided in the law, the Articles of Incorporation, or these Bylaws, decisions at any meeting of the directors or a committee thereof shall be made by a majority vote of the directors present and voting, Each director shall be entitled to one vote. Section 2. Selection of Directors. The initial Board of Directors shall be those persons expressing an interest in serving as directors at the time of the organization of the Corporation. Thereafter, directors shall be elected by a vote of the members, Any vacancy occurring in the Board of Directors, and any directorship created by reason of an increase in the number of directors, shall be filled by the Board of Directors, A director selected to fill a vacancy shall serve for the unexpired portion of the predecessor's term in office. Section 3. Removal of Directors Any member of the Board of Directors shall automatically cease to be a member of said Board if and in the event such member misses three successive regular meetings of the Board of Directors, unless such absences are excused by vote of the other directors, In addition, any member of the Board of Directors may be removed for cause from the Board by a three -fifths vote of the entire Board of Directors, 4 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. Regular 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 Meetings. 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 its 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, 5 Generated on February 26, 2019 12A9 PM 12363737 G. Proxy Voting, There shall be no voting by proxy at any meeting of the Board of Directors, unless approved by the Board of Directors, H. Policies Rules and Reizulations. The Board of Directors shall have the power to make and adopt such rules, regulations, and policies not inconsistent with the law, the Articles of Incorporation, or these Bylaws, as it may deem advisable for the management, administration, and regulation of the business and affairs of the Corporation, 1. Committees. The Board of Directors may appoint the officers of the Corporation as an executive committee, and may appoint such other committees from time to time as it deems advisable, and may delegate to any such committee such duties and powers as it deems advisable. ` ARTICLE V OFF1 cros OF THE CORPORATION Section 1, Officers. The officers of the Corporation shall be a President, a Vice President, a Secretary, and a Treasurer, and such other officers as may be'determined by the Board from time to time, The offices of Vice President and Treasurer may be combined in one person, Section 2. Election of Officers and Terms of Office. The officers shall be elected annually by the Board of Directors at a meeting of the Board of Directors held annually, at a time and place fixed by the Board of Directors, The terms of office shall be for one (1) year, however, nothing shall prevent an officer from being te-elected to consecutive terms of office. Section 3. Duties of Officers. A, President, The President shall preside at all meetings of the Board of Directors, shall be an ex officio member, with a vote, of all committees of the Board of Directors, and in general perform all duties incidental to the office of the President and such other duties as may be prescribed by the Board of Directors from time to time. B, Vice President. In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President, The Vice President shall also perform such other duties as from time to time may be assigned to the Vice President by the Board of Directors. 6 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 times 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 tho Board of Directors, D. Treasurer, 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 ^T^ AGENTS AND EMPLOYEES Sectiob 5.1 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 § 5.1 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 are 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. FA Generated on February 26, 2019 12:49 PM 12363737 (b) Standard of Conduct The individual shall demonstrate that; (1) the individual acted in good faith; and (2) the individual reasonably believed, i in acting in an official capacity with the Corporation, that the individual's conduct was in the Corporation's best interests; ii in all other cases, that the individual's conduct was at least not opposed to the Corporation's best interests; and iii in the case of any criminal proceeding, that the individual had no reasonable cause to believe that the conduct was unlawful. Section 5.2 Indemnification of Officers, Agents and Employees. i The Board of Directors, by board resolution, may elect to indemnify and advance ((° expenses to any officer, employee, or agent of the Corporation, who is not a director of the I Corporation, to any extent consistent with public policy, ' j ARTICLE VII Amendment -of 13-yJaws I These Bylaws may be altered, amended, or repealed by the Board of Directors of the Corporation. Proposed amendments to the Bylaws shall be included in the notice of the meeting at which the proposed amendments will be acted upon, ARTICLE VIII Check Sliming Any and all checks issued by the Corporation shall be signed by one officer or by such other person(s) as may be designated by the Board of Directors as having check signing authority. 8 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, Sccretary .7 Generated on February 26, 2019 12:49 PM MONTANA SECRETARY OF STATE Return 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. Thank 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 202€301.. Helena, Montana 59620-2801 tel: (406) 444-3665 . fax: (406) 444-3976 .1-1'Y: (406) 444-9068 . sos.n.it.gov '• STATE OF • �w��ear�tt 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 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 Street Address 55 Hunter Circle, Kalispell, Montana, 59901, United States Mailing Address Same as Street Address Registered Agent Type 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 12362952 dissolution 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, Incorporators Individual Name Wade Rademacher Status Active Business Mailing Address 55 Hunter Circle, Kalispell, Montana, 59901, United States Documents Supporting Documents MX-355ON_20190226_095426.pdf o272972 0 Signature I have been authorized by the business entity to file this document online. Yes I, HEREBY SWEAR AND/OR AFFIRM, under penalty of law, including criminal prosecution, that the facts contained in this document are true. I certify that I am signing this document as the person(s) whose signature is required, or as an agent of the person(s) whose signature is required, who has authorized me to place his/her signature on this document. Yes Name Position Date On Behalf Of Daytime Contact Phone Email Randall S. Ogle Attorney in Fact 02/26/2019 Meadows Edge Homeowners Association, Inc, (1) 406-752-7550 adelina@owtlawoffice,com Generated on February 26, 2019 12:49 PM 2of2 Stephanie Reynolds From: Bridget Roskam Sent: Wednesday, September 5, 2018 2:58 PM To: Stephanie Reynolds; EMAIL FILE BASKET Subject: FW: Meadows Edge Subdivision Postal Facilities From: Carter, Susii - Kalispell, MT <Carrol.S.Carter@usps.gov> Sent: Wednesday, September 5, 2018 2:47 PM To: Bridget Roskam <broskam@wgmgroup.com> Cc: Schlecht, Josh W - Kalispell, MT <Joshua.W.Schlecht@usps.gov>; Landis, Donald T - Kalispell, MT <donald.t.landis@usps.gov> Subject: RE: Meadows Edge Subdivision Postal Facilities To whom it may concern; You have been approved for mail delivery using CBUs in a turnout format for Phase 1 & 2. 1 have reviewed all the submitted documents and everything looks good. I suggest that the CBU location be moved closer to the curb, and the concrete area there be widened to accommodate the sidewalk running behind the CBUs. I also reminded Bridget that the concrete in this area needed to be 8 inches thick to accommodate a 6 inch bolt. I am also suggesting that the developer utilize 16 unit cluster instead of the 13 unit since the 16 unit cluster box has two parcel lockers built in instead of one. Any questions, feel free to contact me. Thanks, Susii Carter 350 N Meridian Rd Kalispell MT 59901-9998 (406)755-6450 From: Bridget Roskam [mailto:broskam@wgmgroup.com] Sent: Wednesday, August 15, 2018 4:52 PM To: Carter, Susii - Kalispell, MT <Carrol.S.Carter@usps.gov> Subject: [EXTERNAL] Meadows Edge Subdivision Postal Facilities Hi Susie, Thanks again for all of your help today. As requested, I have assembled a preliminary plat of Meadows Edge Subdivision Phase 1, a phasing plan for Meadows Edge Subdivision, an exhibit showing the mail facility pull-out, and a drawing of the selected cluster -box unit. It has been decided the facility will serve only Phases 1 & 2 of the subdivision. A total of 179 dwelling units will have mail services at the pull-out. I believe 15, 13-Door Cluster Box Units will be needed. If you have any questions or would like more information please let me know. Thank you, WGMGROUP � Jelye e. �nnp��ee Futu�ee Bridget Roskam E.I. OFFICE: 406-756-4848 CELL: 406-249-4736 EMAIL: bwalcheck@wgmgroup.com ADDRESS: 431 1 st Avenue West, Kalispell, MT 59901 WGMGROUP Community Values. Inspired Futures. u MEMORANDUM DATE: March 27, 2019 TO: Stephanie Reynolds, PE WGM Group, Inc. FROM: Julie A. Merritt, Water Rights Specialist, WGM Group, Inc. CC: Charity Zemke, El WGM Group, Inc. RE: Water Rights Related to the Meadows Edge Subdivision 1111 East Broadway Missoula, MT 59802 406.728.4611 www.wgmgroup.com Per your request, I have reviewed the water rights associated with the Meadows Edge Subdivision near Kalispell, MT and attempted to address the City of Kalispell's request to allocate the rights proportionally to each phase of the subdivision. I have found four (4) water right records in the Department of Natural Resources and Conservation (DNRC) water right database that appear to be appurtenant, in whole or in part, to the Meadows Edge parcels. It is important to note that because none of these water rights have been finalized by the Montana Water Court or the DNRC, the values listed on the current water right abstracts and the proportional allocations suggested here are subject to change. The water rights include Statements of claim 76LJ 148685, 148695, 148679, and Provisional Permit 76LJ 2318. The City has requested that the applicant proportionally allocate the water rights with each phase of the subdivision. Unfortunately, the DNRC's water right ownership update process does not lend itself well to this situation. Allocations per phase would involve filing multiple Divided Interest Ownership forms (form 641) and possibly Severed Water Right Ownership forms (form 642) for each water right for each phase. This results in a lot of paperwork, filing fees, and confusion when, in the end, 100% of the interest currently held by Meadows Edge will be transferred to the City. I would like to offer an alternative that is more straight -forward, easier for all parties to understand, and results in the same final outcome. I propose that with the filing of the current final plat, Meadows Edge will transfer all of its interest in all four water rights to the City of Kalispell. The City would then agree to allow the applicant to continue to use the well at the northern end of the property, under water right 76LJ 148679, to irrigate open space and boulevards within the subdivision until such time as the final plat for the final phase is filed. At that time, it is understood that all water use within the development will be provided through the City's municipal water system and use of water right 76LJ 148679 within the development will cease. Meadows Edge Water Rights Memo March 27, 2019 Page 2 of 3 The water rights apparently appurtenant to the Meadows Edge parcels include Statements of Claim 76LJ 148685 and 148695 for Stock and Domestic uses, respectively, for a well located near the existing residential structures in the SESE of Section 3, Twp 28N, Rge 22W. The point of diversion and place of use for both of these water rights fall completely within the Meadows Edge parcel, mainly within proposed Phase 5. Based on this information, it appears 100% of water right nos. 76LJ 148685 and 76LJ 148695 should be transferred to the City of Kalispell. The other two water rights associated with the Meadows Edge subdivision are: • Statement of Claim 76LJ 148679, for irrigation from Bowser Springs and • Provisional Permit 76LJ 2318 for irrigation from a well located approximately in the NWSESE of Section 3, Twp 22N, Rge 28W. The allocation of these two water rights is complicated by the fact that they are both shared with adjacent land owners. In addition, there is some question as to the total number of historically irrigated acres. As a result, the allocations suggested below are approximate values. The total place of use for claim 76LJ 148679 is listed on the current abstract as 280.00 acres and a flow rate of 15.00 cubic feet per second (cfs). Please see the attached General Abstract. I mapped the claimed place of use and identified the portion of this area covered by the Meadows Edge parcel. Please refer to the attached map. I have determined that the Meadows Edge portion of the claimed place of use is approximately 74 acres. This equates to approximately 26.4% of the water right. If we apply this percentage to the flow rate, that results in 3.96 cfs. There is no specific numeric value for the volume of water associated with this water right. Based on this information, the total allocation of water right 76LJ 148679 from Meadows Edge to the City is 74 acres of irrigation and a flow rate of 3.96 cfs. The total place of use for permit 76LJ 2318 is listed on the current abstract, see attached, as 200.00 acres with a flow rate of 600 gallons per minute (gpm), or 1.37 cfs, and a volume of 400 acre-feet (ac-ft). The Meadows Edge portion of the permitted place of use appears to be approximately 43.8 acres or 21.9% of the total. Applying this percentage to the flow rate and volume leaves 0.3 cfs and 87.6 ac-ft. The locations of the permitted place of use and the Meadows Edge portion can be seen on the attached map. Based on this information, the total allocation of water right 76LJ 2318 from Meadows Edge to the City is 43.8 acres of irrigation, a flow rate of 0.3 cfs, and a volume of 87.6 ac-ft. In summary, if the City agrees to the larger, one-time transfer of water rights as opposed to the smaller transfers with each phase of the subdivision, the water rights to be transferred from Meadows Edge to the City would include the following: \\192.168.13.8\Projects\Projects\171034\Misc\Water Rights\Water Right Memo.docx Meadows Edge Water Rights Memo March 27, 2019 Page 3 of 3 • 100% of claim 76LJ 148685 for stock use from a well with a flow rate of 30 gpm • 100% of claim 76LJ 148695 for domestic use from the same well as 148685 with a flow rate of 30 gpm and a volume of 2 ac-ft • 26.4% (based on the claimed values) of water right 76LJ 148679 which equates to approximately 74 acres and a flow rate of 3.96 cfs. • 21.9% (based on the permitted values) of water right 76LJ 2318 which equates to approximately 43.8 acres, a flow rate of 0.3 cfs, and a volume of 87.6 ac-ft. I am happy to discuss this further with you and City staff as appropriate. Let me know if you have any questions. \\192.168.13.8\Projects\Projects\171034\Misc\Water Rights\Water Right Memo.docx March 27, 2019 76LJ 2318-00 Page 1 of 1 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 14249THAVENUE P.O.BOX201601 HELENA,MONTANA 5962&1601 GENERAL ABSTRACT Water Right Number: 76LJ 2318-00 PROVISIONAL PERMIT Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: CARL NOMMENSEN RT 3 KALISPELL, MT 59901 AUTREY TRUST 1348 QUARTER HORSE LN KALISPELL, MT 59901 MEADOWS EDGE LLC PO BOX 2190 WOODLAND, WA 98674 Priority Date: MAY 16, 1974 at 01:42 P.M. Enforceable Priority Date: MAY 16, 1974 at 01:42 P.M. Purpose (use): IRRIGATION Maximum Flow Rate: 600.00 GPM Maximum Volume: 400.00 AC -FT Maximum Acres: 200.00 Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec See Twp Rge Count 1 NWNWSE 3 28N 22W FLATHEAD Period of Diversion: APRIL 15 TOOCTOBER 15 Diversion Means: WELL Well Depth: 478.00 FEET Static Water Level: 127.00 FEET Casing Diameter: 10.75 INCHES Pump Size: 60.00 HIP Purpose (Use): IRRIGATION Irrigation Type: SPRINKLER Volume: 400.00 AC -FT Period of Use: APRIL 15 to OCTOBER 15 Place of Use: ID Acres Govt Lot Otr Sec See TwP Rge Count 1 120.00 SE 3 28N 22W FLATHEAD 2 80.00 SW 2 28N 22W FLATHEAD Total: 200.00 Geocodes/Vatid: 07-3965-02-3-01 -10-0000 - Y 07-3965-02-4-03-02-0000 - Y 07-3965-02-4-03-06-0000 - Y 07-3965-03-4-01 -01 -0000 - Y 07-3965-03-4-01 -10-0000 - Y Remarks: OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE DOR # 141235 RECEIVED 03/27/2015. OWNERSHIP UPDATE TYPE DOR # 165960 RECEIVED 12/28/2017. March 27, 2019 76LJ 148679-00 Page 1 of 2 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 14249THAVENUE P.O.BOX201601 HELENA,MONTANA 5962&1601 GENERAL ABSTRACT Water Right Number: 76LJ 148679-00 STATEMENT OF CLAIM Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: CLINTON P GROSSWILER 1175 FARM TO MARKET RD KALISPELL, MT 59901 GROSSWILER DAIRY INC PO BOX 952 KALISPELL, MT 59903 LOUISIANA LAND & LIVESTOCK LLC PO BOX 595 WHITEFISH, MT 59937 W W E E LLC 690 N MERIDIAN RD #103 KALISPELL, MT 59901 MEADOWS EDGE LLC PO BOX 2190 WOODLAND, WA 98674 DAKOTA A BRIER 380 GRASSHOPPER HILL RD KALISPELL, MT 59901 JESSE S BRIER 380 GRASSHOPPER HILL RD KALISPELL, MT 59901 SARA C LONG 273 ARBOUR DR W KALISPELL, MT 59901 Priority Date: MAY 1, 1889 Enforceable Priority Date: MAY 1, 1889 Type of Historical Right: FILED Purpose (use): IRRIGATION Irrigation Type: SPRINKLER/FLOOD Maximum Flow Rate: 15.00 CIFS Maximum Volume: PRIMARILY A DIRECT FLOW SYSTEM; VOLUME NOT DECREED. Climatic Area: 3 - MODERATE Maximum Acres: 280.00 Source Name: BOWSER SPRING CREEK Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec See Twp Rge Count 1 SWSWNW 2 28N 22W FLATHEAD Period of Diversion: APRIL 15 TOOCTOBER 15 Diversion Means: DAM 2 SESENE 3 28N 22W FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: PUMP PUMP IS SECONDARY MEANS OF DIVERSION. Reservoir: ON STREAM Reservoir Name UNNAMED Govt Lot Qtr See See Twp Rge Count SWSWNW 2 28N 22W FLATHEAD Diversion to Reservoir: DIVERSION #1 Dam Height: 11.00 FEET Depth: 8.00 FEET March 27, 2019 76LJ 148679-00 Surface Area: 2.50 ACRES Page 2 of 2 General Abstract Current Capacity: 8.00ACRE-FEET THE CAPACITY, DAM HEIGHT, AND SURFACE AREA HAVE BEEN ESTIMATED BY DNRC. Period of Use: APRIL 15 to OCTOBER 15 Place of Use: ID Acres Govt Lot Qtr Sec See Twp Rge Count 1 160.00 NW 2 28N 22W FLATHEAD 2 40.00 1 NENE 3 28N 22W FLATHEAD 3 40.00 SENE 3 28N 22W FLATHEAD 4 40.00 NESE 3 28N 22W FLATHEAD Total: 280.00 GeocodesNalid: 07-3965-02-2-01 -01 -0000 - Y 07-3965-02-2-01-50-0000 - Y 07-3965-02-2-02-01 -0000 - Y 07-3965-03-1-01-02-0000 - Y 07-3965-03-1-01-13-0000 - Y 07-3965-03-1-01-15-0000 - Y 07-3965-03-4-01 -01 -0000 - Y Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 148677-00 148678-00 148679-00 OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE DOR # 89263 RECEIVED 06/03/2010. OWNERSHIP UPDATE TYPE DOR # 131344 RECEIVED 06/18/2010. OWNERSHIP UPDATE TYPE 641 # 71667 RECEIVED 06/22/2010. OWNERSHIP UPDATE TYPE DOR # 125049 RECEIVED 09/30/2014. OWNERSHIP UPDATE TYPE 608 # 146729 RECEIVED 09/02/2016. OWNERSHIP UPDATE TYPE DOR # 161563 RECEIVED 09/13/2016. OWNERSHIP UPDATE TYPE DOR # 167064 RECEIVED 09/13/2016. OWNERSHIP UPDATE TYPE DOR # 165960 RECEIVED 12/28/2017 FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. THE FLATHEAD COUNTY WATER RESOURCES SURVEY (1965) APPEARS TO INDICATE 222.34 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. USDA AERIAL PHOTOGRAPH NO(S). 979-191 , DATED 09/23/1979, APPEARS TO INDICATE 229.38 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED APPROPRIATION ON BOWSER SPRING CREEK WITH A PRIORITY DATE PREDATING CASE NO. 9749, FLATHEAD COUNTY. ................................................................................................................................................................................................................................................................ March 27, 2019 76LJ 148685-00 Page 1 of 1 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 14249THAVENUE P.0.13OX2M601 HELENA,MONTANA5962&1601 GENERAL ABSTRACT Water Right Number: 76LJ 148685-00 STATEMENT OF CLAIM Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: MEADOWS EDGE LLC PO BOX 2190 WOODLAND, WA 98674 Priority Date: DECEMBER 31, 1935 Enforceable Priority Date: DECEMBER 31, 1935 Type of Historical Right: USE Purpose (use): STOCK Maximum Flow Rate: 30.00 GPM Maximum Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp RRge County 1 SESESE 3 28N 22W FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp RRge County 1 SESESE 3 28N 22W FLATHEAD GeocodeslValid: 07-3965-03-4-01 -01 -0000 - Y Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 148685-00 148695-00 STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 # 89182 RECEIVED 06/22/2010. OWNERSHIP UPDATE TYPE DOR # 165960 RECEIVED 12/28/2017. March 27, 2019 76LJ 148695-00 Page 1 of 1 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 14249THAVENUE P.0.13OX2M601 HELENA,MONTANA5962&1601 GENERAL ABSTRACT Water Right Number: 76LJ 148695-00 STATEMENT OF CLAIM Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: MEADOWS EDGE LLC PO BOX 2190 WOODLAND, WA 98674 Priority Date: DECEMBER 31, 1935 Enforceable Priority Date: DECEMBER 31, 1935 Type of Historical Right: USE Purpose (use): DOMESTIC Maximum Flow Rate: 30.00 GPM Maximum Volume: 2.00 AC -FT Households: 1 Maximum Acres: 0.50 Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp RRge County 1 SESESE 3 28N 22W FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp RRge County 1 0.50 SESESE 3 28N 22W FLATHEAD Total: 0.50 Geocodes/Valid: 07-3965-03-4-01 -01 -0000 - Y Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 148685-00 148695-00 STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 # 89182 RECEIVED 06/22/2010. OWNERSHIP UPDATE TYPE DOR # 165960 RECEIVED 12/28/2017. MEMORANDUM OF UNDERSTANDING 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 201 151 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 1. Upon the petition of Meadows Edge, the City annexed property owned by Meadows Edge 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 rights 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 76L7148685. 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 Kalispell/Meadows Edge, LLC - Page 1 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 MOLT. 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 IA of the subdivision. 3. The City shall allow continued use of 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. Date Dates - FOR MEA OWS EDGE, LLC Wade Rademacher, Project Man—agw FOR THE CITY OF KALISPELL Doug Russ City Manager Water Rights MOU — City or Kalispell/Meadows Edge, LLC - Page 2 STATE OF MONTANA ) ) ss. County of Flathead ) On this ( day of MCL , 2019, before me, a Notary Public for the State of Montana, personally appeared W q 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. AIMEE BRUNCKHORST �auNckti 9�a NOTARY PUBLIC for the state of Montana �. S EAL P t Lakeside, Montana Vy�missian Expires S P� 'R'of ink 1 pecemtter 4, 2020 STATE OF MONTANA ) ) ss. County of Flathead ) N TARY PUBLIC for the State of Montana Printed Name: Residing at: My Commission expires: On this ' day of VAL,, , 2019, before me, a Notary Public for the State of Montana, personally appeared _Ve Q,�;-,5t11 , 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. yQt A. FUME JUDI A. FUNK �osAay� NOTARY PUBLIC for#* Prir State of Montana SE i L Residing at Kalispell, Monfaaes ti tP� My Commission Expirea.MY ARY PUBLIC for the State of Montana expires: Water Rights MOU — City of Kalispell/Meadows Edge, LLC - Page 3 tie o�\I 1 1 � I I 1 1 I 1 I 1 11 1' / I Q ¢ M 'z cs I z z — W Wa Ow QS� Ii I__ oll a d o "— V1SIA NIV1Nniovi _ � Q O� zlwd' wl n o Y� 65 IIV� vJ oouu W0 �U oZ0 O W mti U z0 I \� e I •"� � S I �y� y, j 0 �wy� w 0 o c�Pe�o e e ==o- m —1 �Av 0_-- tA .0-1 100.00.os rv,5f I I 1-1 s £<t M,Z �, iSz� ,S<fll 0009 /N e� ,60011 _ IN o3,000,00.OS ^I `S� `•SZg d,dO I ��II ,16011m 3.,000.00.OS 19'O11 o I m n p me0 7-7 J I Q nI o _ a', / v Lu o Ny �tlob 0 J LLbll 3.00,OO.CS SIs ry OL M..b a hl Vii//� y 6�03.Ed.8b�N Ilo V O n��/ ` 3•Fe,aaeW�_r�, �Q �e0 m ZO N%/0 ci °'r h / _ Q .ls'rll 3„00,00.os / 2 m _0 0 9zcs szs � Fs0 V f f /. m l �l ,lsnll 3..0o.o— `esl t- 9es�'£0.0 s. s=� ss£ me0 � �a0 b/ l3S b/ W N - E z sa 00'0<d� 66-B£t=l (dnt) 3l1 Obl L___ � ��I/b,O 30/M csa6 a. o,e�cN cdni7 an oo� w 00 0g w b3 �\S«B .00'oES� iiOw r9 r _sc ee cj IObB---- ,C.bN �--0008----_-- _-__ - - -o 16____- 0'09 n L e<008 3,B6,£LbNB V m �I 4 b/ l3S b/ lMS Q 0 +d+- 6 �J*'ds N3do Q 30VdS N3dO 26 M.10, PS _ �P SO In CPpOWC In a V in \ Nlno,S pi _ I1 Z£L 3.06.66.6N r- \ \N E - Q a as a rave a aLL 1` 1 � \ Q O W p W 11 1 �1 w p U) 1E d II I 1 1 I Via® /r 1� a I I ,OH'SSl 3.00,00.ON 60 n � O � N I oI oe ao F- � pN w U a ro os Z fn wZ IL ros£� oN o5 ££u 3, oa,00.oN o p O V'n I oa s£I £,00 oo.oN oIIN Ja0 Q II%' �e0 OZ\ a<b£ 3,oa,c wW 5 >v 9z9£ £.66,09.ON 3„ 1 U I (n I ,o\BCI 3, oa,0a0N _ J /m cZ e£u Soo oo ON 1 1 i 0 / � mi e0 aR0 / £5 oru 3 oa oo.oN l = o I L-- 9d0 5e0 Ilom (n W Cn W 301M .00,09 3hI80 31OV3 ONINNOIN .6�'98 65b LZ 3, 50,61.£N .bt'ZS I d0 oF0 00 ---OH I6---- --I-- ,t00A M � V Q � C ry o ,O a Z � z Z � � w vooaLL o a a3 0 • I y 0 0 II I I ----------------------OVOb >133d�oNIddS 1S3M ------ o1�ntl013n � as "I gb�l"a8 a�.oim ism°�� .03A 0, w ,05 20,� zs6L.L11=� 60��, l �d md0 > �/m /Ptoo 5� ' "° \ FL "/V gym, a ea`w all.- /3008 — a'1 olr — 9T�sr�e —�z Tsl 1 L4gN I ¢ e O I �1 �0 n nl m 49 G I I .mM Q0 Ip �I I ml M,�4c49N1 1 — — i M, IL L49N _r.Ls95_ — nl — eO— M.�4<49N to al I z IL of a 301M ,00'09 WN SAW3 ------------ J I �a0 �eO Leo gs ill �e0 I I U. 1.3-nV 31 VAIdd af I-- Lj I m —1 �Av 0_-- tA .0-1 100.00.os rv,5f I I 1-1 s £<t M,Z �, iSz� ,S<fll 0009 /N e� ,60011 _ IN o3,000,00.OS ^I `S� `•SZg d,dO I ��II ,16011m 3.,000.00.OS 19'O11 o I m n p me0 7-7 J I Q nI o _ a', / v Lu o Ny �tlob 0 J LLbll 3.00,OO.CS SIs ry OL M..b a hl Vii//� y 6�03.Ed.8b�N Ilo V O n��/ ` 3•Fe,aaeW�_r�, �Q �e0 m ZO N%/0 ci °'r h / _ Q .ls'rll 3„00,00.os / 2 m _0 0 9zcs szs � Fs0 V f f /. m l �l ,lsnll 3..0o.o— `esl t- 9es�'£0.0 s. s=� ss£ me0 � �a0 b/ l3S b/ W N - E z 0 sa 00'0<d� 66-B£t=l (dnt) 3l1 Obl L___ � ��I/b,O 30/M csa6 a. o,e�cN cdni7 an oo� w 00 0g w b3 �\S«B .00'oES� iiOw r9 r _sc ee cj IObB---- ,C.bN �--0008----_-- _-__ - - -o 16____- 0'09 n L e<008 3,B6,£LbNB V m �I 4 b/ l3S b/ lMS 6 �J*'ds N3do Q 30VdS N3dO 26 M.10, PS _ �P SO In CPpOWC In a V in \ Nlno,S pi _ I1 Z£L 3.06.66.6N r- \ \N E - Q a as a rave a aLL 1` 1 � \ Q O W p W 11 1 �1 w p U) 1E d II I 1 1 I Via® /r 1� a I I ,OH'SSl 3.00,00.ON 60 n � O � N I oI oe ao F- � pN w U a ro os Z fn wZ IL ros£� oN o5 ££u 3, oa,00.oN o p O V'n I oa s£I £,00 oo.oN oIIN Ja0 Q II%' �e0 OZ\ a<b£ 3,oa,c wW 5 >v 9z9£ £.66,09.ON 3„ 1 U I (n I ,o\BCI 3, oa,0a0N _ J /m cZ e£u Soo oo ON 1 1 i 0 / � mi e0 aR0 / £5 oru 3 oa oo.oN l = o I L-- 9d0 5e0 Ilom (n W Cn W 301M .00,09 3hI80 31OV3 ONINNOIN .6�'98 65b LZ 3, 50,61.£N .bt'ZS I d0 oF0 00 ---OH I6---- --I-- ,t00A M � V Q � C ry o ,O a Z � z Z � � w vooaLL o a a3 0 • I y 0 0 II I I ----------------------4_VO8 >133d�oNIddS 1S3M ------ V\8 o1�ntl013n y V� s- sO o,m ��me0� .03ImQ�M 0, con -m� m w l G 1- 4% — aj l � 6{40.11N -6 901 M 1 09 a01 >G pcL c1sN � <s�el � 1 00"L4-- J__�4G09- -' L 95'95 z -- LOZ m sZ 6s.aly 300 .0009 3NV-1 SO2jVMO3 Z ------- _G05 — T w � 3 a�i �e0 �e0 Leo �a0 Q a I U p I m Y p o ry.f6-OL .00'9S I m 301M ,00'OZ ,zcbLb as O r ��oec (n J I �a0 �eO Leo n ill ma0 I I zZO 1.311V 31VAja, I I s,cZ,Sr.cN o°Ic N cJ O Z m I r U O d oaC O z 3„CZSb.Cry 3 I - . o S _ Gin<o .o°�°z LL 1du>>n om 66 69Zo �Nd� saadMa3 z W lain �n .oro� 7 m > 0_ o I i I m I � o U 3 Z zl I o� I I I Ld S I H I I 9n9 i I - - - - - - - - - - . . ....... 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N a fl� _ - 3a,rsom ms -- G.a ..:"a'�. ancmomns C! _^AmGOo�w 'e N w Nis m -p co co -+rl� RitllC. tr� a S �( � 31MfA1]f.(� 3�Off+an$ -• iilGrr r �jj m 47 �.�c?sa�n�_"fi° z _ R• _ i/i E_ r � aa;,,'acssca r.-�aoaa.oar_ aa, � tO �rj 1` y =� }-fg}�'�!p�!�.c,� �.f, D •'i'i'vn � O y� �':: 1 - a 3 �y '- � � -� A `" tom• .� •----..._ . � nr � i mq j j `._ ~ .n rlfj _s (rry B N9sr u. to '-_i mY91 mil fiffi F of .�.0 AF mw i 1�r V o � N � a �j o RIPJ - - g I E $;► I, U .7m o fI E Q I J � ¢ CITY OF KALISPELL March 25, 2020 Kalispell Planning Department Attn: Jarod Nygren P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7942 Re: Meadows Edge Phase IB Dear Jarod: Kalispell Parks & Recreation 306 1" Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as approval on the proposed landscaping plans for Meadows Edge Phase 1B on 3/25/20. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Meadows Edge Phase 113. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Any landscape revisions or substitutions need to be authorized prior to installation. They will also need to coordinate with Public Works for any permits/approvals of working in the right of ways prior to working in the right of way. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time any bonding that has been submitted will be released. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. If you have any concerns or questions, please give me a call. Sincerely, 0� �— Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation 4"VAWGMGROUP Community Values. Inspired Futures. January 13, 2020 Jarod Nygren, Director Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 Re: Final Plat Application for Meadows Edge Phase 113 Subdivision Dear Jarod: As engineer of record for Meadows Edge Phase 113 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 currently in review and pending City approvals: Conditions #12, #17, and #19. Enclosed is the Final Plat application for the Meadows Edge Phase 113 Subdivision. The conditions of approval are listed below along with how each has been addressed: 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 II Evaluation Based on Statutory Criteria for Initial Zoning; and Proposed PUD Overlay, 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 provisions of 431 1 "Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Kalispell Planning Department O1/13/20 Page 2 of 7 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. A waiver to this condition is hereby requested pending completion of all other conditions of approval for Meadows Edge Phase 1A and Phase 113. 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. Not applicable as there are no commercial buildings in Meadows Edge Phase 113. 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 13-1 Zone. Not applicable since none of the 13-1 zone is within Meadows Edge Phase 1B. Future phases will address the requirements of the 13-1 zone area at the time of development. 7. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standard 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. A conditional approval letter from the Kalispell Public Works Department is enclosed stating that design of all new infrastructure has been accepted by the City of Kalispell. Please see enclosed Public Works Engineering approval letter for Meadows Edge Subdivision Phase 113. Of the conditions associated with this approval letter, all items regarding the proposed lift station is void due to design change. The design changed to gravity feed sewer main and was approved for stated modification. The last two conditions are still applicable and have been sufficed. 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. Please see enclosed City of Kalispell Public Works Engineering approval letter and Montana Department of Environmental Quality's approval letter (DEQ#19-1188) and MFE. A certification letter stating water & sewer mains have been installed and tested in accordance with City of Kalispell and DEQ requirements is enclosed. Kalispell Planning Department 01/13/20 Page 3 of 7 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. The stormwater permit obtained for Meadows Edge Phase 1A was expanded to include the Phase 113 area. 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 is pending due to landscaping items in the process of being completed. 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 is pending landscaping items and then shall be 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. A Traffic Impact Study was performed and reviewed by the City of Kalispell Public Works Department and MDT. This condition was addressed in Phase 1A. Kalispell Planning Department 01/13/20 Page 4 of 7 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 certify this in writing to the City. The MDT construction approach permit for Phase 1A is enclosed. 15. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be revised and approved by either the Public Works Department of 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 work has been accepted by the City of Kalispell or State of Montana. If infrastructure work has not been accepted, a letter stating that proper bond has been accepted for the unfinished work by the appropriate agency is required. The TIS found that no mitigation for the Meadows Edge subdivision is required or warranted. MDT did note, however, that for the proposed reconfiguration of the Three Mile Drive and West Springcreek Road intersection and subsequent elimination of the Farm to Market curve, that a right -turn -only movement be provided at the anticipated four-way stop. MDT's email correspondence to this effect is enclosed. 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. A letter of approval from the Kalispell Fire Department is enclosed, as well as, the email correspondence with the Fire Chief. 17. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the open space, landscape boulevards of the streets serving the subdivision. The Phase 113 landscape plan was provided to Chad Fincher and was recently revised to address his initial comments. His approval letter is pending. 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. 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. A note has been added to the face of the plat stating "Property owner(s) shall waive their right to protest the creation of a park maintenance district." Kalispell Planning Department 01/13/20 Page 5 of 7 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: 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. This condition is at approximately 60% completion and is currently under review with MDT. Shall be constructed in the spring/summer of 2020. Kalispell Planning Department 01/13/20 Page 6 of 7 25. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be maintained by the Meadows Edge HOA. The Meadows Edge Homeowners Association, Inc., has been established and shall maintain any paths located outside of City Right -of -Way and within the Meadows Edge Subdivision. Please see enclosed HOA documentation. 26. The alleyways within the development shall be designated as "private" at time of final plat. The alleyways have been designated as "private" within the Construction Documents and on the Final Plat. In addition, signage will be placed at the beginning of the private alleyways, as seen in construction plan set sheets 64 & 65. 27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the Kalispell Zoning Ordinance. A subdivision sign for the development will comply with Kalispell Zoning Ordinances. The subdivision sign is specified within the Phase 1A Landscaping Plan. 28. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The Meadows Edge Homeowners Association, Inc., has been established for the upkeep and maintenance of the common areas of Meadows Edge Subdivision Phase 1A. Please see enclosed HOA Certification Letter. 29. All properties along the western boundary of the subdivision shall install uniform rear yard fencing prior to certification of occupancy of those residences. Applicable to Phase 113 and was included in the landscaping plan. 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." The above note is included on the final plat. 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. Not applicable to Phase 113 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 Kalispell Planning Department O1/13/20 Page 7 of 7 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 transferred all water rights to the City after the completion of 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 and the MOU from the Public Works Department. Sincerely, WGM Group, Inc. Stephanie A. Reynolds, P.E. Senior Project Engineer Enclosures: Conditions of approval supporting documentation for Phase 113 Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 I 10 —Appendix F —Subdivision Improvernenl Agreement APPENDIX F SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2020 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 1 B (Name of Subdivision) located at Tract 3, E 112 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 1B , 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 I25% 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 I I I — Appeali.r F—Subdivision Improvement Agreement $ 984,226.90 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 $ 1,230,283.63 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 the sum of $ 1,230,283.63 the estimated cost of completing the required improvements in Meadows Edge Phase 1B (Name of Subdivision) 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 fill ly completed by February 24, 2021. 3. That upon completion of the required improvements, the Developer shal l cause to be fi ied 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. 112 —Appendix F —Subdivision Improvement Agreement 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 written. Meadows Edge, LLC, (Name of Subdivision/Developer/Firm) by (Title) STATE OF MONTAN COUNTY OF � 14 On this 4 day of �2� �' ��'� , 20 0 , before me, a Notary Public for the State of Montana, personally appeared Lk) 0_, e__ � vA&_� e�2 , known to me to be the of L—A e L�_C , whose name is subscribed to the foregoing instrument 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. cg�G" coc'y MINDY COCHRAN NOTARY PUBLIC for the Notary Public for the State of Montana State State of Montana Printed Name rv1 i 4 CC L.W- G_.} SEAL r Residing at Kalispell, MT 1— �o�tie My Commission Expires Residing at _ ,��11 She J OF May 17, 2023. My Commission Expires Mcx L-, 17 -14%, 2 C Z 3 MAYOR, CITY OF KALISPELL ATTEST. MEN Me" CITY CLERK Project Name: MEADOWS EDGE SUBDIVISION, PHASE 1B WGM Project Number: 171034.7 Owner. MEADOWS EDGE, LLC Bonding Date; February 24. 2020 EXHIBIT'B" n CERTIFICATION OF WORK TO BE 4D WG M COMPLETED Completed as of Bonding date Total Final Construction Construction Quantity Casts Quantities and Cost$ Line Item Item Description Unit Quantity Unit Price Total Quantity Current Total Schedule I -Site Work 1.1 Mobllizatlon, Submittals & Permits LS I $12,ODD.50 $12,000.So 0.5000 $6,0D0.25 1.2 Erosion Control Measures LS 1 $10,602.00 $10,602.00 0.7500 57,95150 13 Traffic Control LS 1 $5,425.00 $5,425.00 D.60D0 $3,255.00 1A Construction Survey L5 1 $29000D0 $2900000 06000 $1740000 1.5 Clearing Topsoil & Stockpile LS 1 $47,7S5.00 $47,75500 1.0000 $47,755.00 1.6 Embankment LS 1 S63,8W.Do $63AM'00 1.0000 $63,900.00 1.7 Seeding & Restoration LS 1 $31,750-00 $31,750,00 0.13000 $25,400AO 1.8 Material Testing LS 1 $27,630.00 $27,630.00 0.700p $19,342.00 1.9 Demolition LS 1 $21,650.00 $21,650.00 1-0000 $21,650.00 SCHEDULE 1 TOTAL $249,612.50 $Z12,552.75 Schedule 2 - Roads & Sidewalks 2.1 3" Minus Select Subbase Material CY 477S $33.00 $157,674.00 4,778 $157,674.00 2.2 3/4" Minus Base Course Material CY 3179 $36.00 5114,444.00 2,120 $76,320.00 2.3 Asphalt Pavement (4" Thickness) SY 16182 $19.50 $3L5,549.00 0 SO -DO 2.4 Concrete Curb & Gutter LF 5553 $16.00 $88,948.00 0 $0.00 2.5 Temporary Road CY 0 $35.00 $0.00 0 SO.DO 2.6 Alley Approach EA 5 $1,150.00 $5,750.00 p $app 2.7 Sidewalk (4" Concrete, T Width, 6" Base) 5F 40232 $5.00 $201,160.00 13,410 S67,oSo.oc 2.8 ADA Ramp (Truncated Domes) EA 52 $450.00 $23,400.00 $0.00 2.9 Mailbox Facility EA ❑ 52,5oa-oD $0.00 a $0.00 2A0 Type 3 Barricade EA 3 $460.00 51,380.00 D $0.00 2.11 Saw -Cut and Replace (pavement, curb & gutter, and sidewalk( LS I 58,0WA0 $8,130M00 0.25 $2,OW0 00 2.12 Drive -over Curb & Gutter LF 2275 $17.SO $39,912.SD 0 $D.no 2.13 Valley Gutter LF 44 $21.00 $924A0 0 50.00 2,14 Parking Lot Striping LS 1 $1,105.00 $1,1DSAo 0.00 SD.00 2.15 Add Thickened Sidewalk SF 4247 $2.50 $10,617.50 0 SCHEDULE 2 TOTAL $963,664.00 S30,044.00 Schedule 3 - Water System 3.1 8" PVC Water Main LF 4493 $55.DO $247,11S.00 4,493 $247,115.00 3.2 6" Dia. 90' D.I. Elbow EA 0 $600.00 $0.00 0 $0.00 3.3 9" Dia. 11.25' 0.1. Elbow EA 1 $65O.Do $650.00 2 $1,300.00 3.4 B" Oia. 22.5' D.I. Elbow EA 8 $650.00 $5,200.DO S $5,200.00 3.5 Connect to Existing Water Main EA 3 $1,20D.00 $3,600.00 3 $3,6D0.00 3.6 8"x8" MUM( D.I. Cross EA 1 $875.00 $875-00 1 $875.00 3.7 5" Fire Hydrant Assembly EA 7 $5,1130= $35,700.00 7 $35,700,00 3.8 8" M1xM1 Gate Valves, Boxes, & Apron FA 35 $1,9DD.00 $66,500.00 35 $66,500.OD 3.9 3/4" Domestic Water Service EA 97 $1,550.00 $150,350.00 97 $150,350.00 3,10 9" MJ End Cap w/Thrust Blocking EA 6 $600.00 $3,6W0 00 7 $4,200.00 3.11 9"x6" M1xM1 D.I. Reducer EA D $650.00 $0.p0 0 $0.00 3.12 18" PVC Water Main LF D $140.120 $0.00 0 $0.00 3.13 18" Butterfly Valve, Box, & Apron EA D $6,350.00 $0.00 0 $0-00 3.14 18" MJ End Cap EA 0 $2,100,00 $O.Oo 0 $0.00 3.15 8"X10" Transition Fittings IPVC to HDPQ and Appurtenances EA 0 $1,745.00 O.aa 0 $0.00 3.16 12"XB" MJxM1 D.I. Reducer EA D $900-DO $0.00 0 $0.00 3.17 18exa" MJxMI D.1. Cross CA 0 $4,DOD.00 $MDO 0 $0.00 3.19 10" HDPF ❑R11 Directional Drill LF 0 $195.00 MOO 0 $0.00 3.19 Flowable NI LS 1 $2,850.00 $2,8.50.00 1 $2,850.00 3,20 Valve Box Extension (far depths exceeding 7 ft.) EA 8 $375.00 $3,000MO 0 ra0 Q0 3.21 Meter Pits (Materials Only( EA 97 $559.00 554,223,00 97 $54,223.00 3.22 B" Dia. 45" D.I. Elbow EA la $650.00 $6,500.00 10 $6,500.00 3.23 8"x8" MJxMJ D.I. Elbow EA 7 $800.00 $5,6M.00 7 $5,600.00 3.24 Temporary Blowoff EA 3 $4,000.00 $12,000.00 4 $36,000.00 3.25 Permanent Blowoff EA 1 $7,200.00 $7,200.00 1 $7,200.00 3.26 Meter Pit Traffic Rated Frames EA 21 $181.00 $3,801.00 0 $0.00 SCHEDULE 3 TOTAL $609,764.00 $607,213.00 Schedule 4 - Sewer System 4.1 Connect to Existing EA 0 $1,700.00 $0.00 0 $0.D0 4.2 Install 48" Dia. Manhole w/Cover & Apron EA 25 $3,500.00 $87,500.00 26 $91,000.00 4.3 4" Sanitary Sewer Service EA 97 $1,500.o0 $145,500.00 97 $145,500.00 4.4 8" PVC Sewer Main LF 4467 WOO $214,416.00 4,467 $214,416.00 4.5 lack and Bore w/16" easing, spacers, restraints, end seals LF 0 $1,050.00 $D.00 0 $0,00 SCHEDULE 4 TOTAL $447,436.o0 $450,916.D0 Schedule 5 - Stormwater Management 5.1 30"I.D. Storm Basin lwlsioaed Hare msong.apron,&dngg EA 3 $2,200-00 $6,600.00 3 $6,600.00 5.2 30"LD. Storm Basin (w/ send-"peurh mspng. apron,& flogs; EA 10 $2,20O.D0 $22,000.00 10 $22,000.00 5.3 48"I.D. Storm Basin(w/seandwpcem nire apron.&ring:I EA a $3,100.00 $0.00 0 $0.00 SA 48"I.D. Storm Basin lw/soad curb fasting, apron,&rmgs} EA 19 $4,400.00 $83,60t1.00 19 $83,600.00 5.5 Water Quality Unit (48"DIAMETER) EA 1 $9,500.00 $9,500.00 1 $9,50O.00 5.6 12" PVC, SDR 35 Storm Main LF 1292 $S2.00 $66,664.00 1,282 $66,664A0 53 15" PVC, SDR 35 Storm Main LF 0 $56.00 $O.DO 0 $0.00 5.8 18" PVC, SUR 35 Storm Main LF 1708 $45.00 $76,960.00 1,708 $76,860.00 5.9 24" PVC, SDR 35 Storm Main LF 1150 $100.06 $115,000.00 1,150 $115,000.00 5.10 19" Hared End Section EA _ $375.00 $37S.D0 0 $0.00 5.11 24" Flared End Section EA 0 $415.00 $0.00 0 $0.00 5.12 Detention Pond lgradleg,shaping, n,ess roum,&np-rapl LS 0 $36,400.00 $o.00 D $a.aD 5.13 Pond outlet Structure EA 1 $4,500A0 $4,500.00 1 $4,500.00 5.14 Water Quality Unit (72" DIAMETER} EA 0 $25,000A0 $0.00 0 $0.00 5.15 Detention Pond Adjustments (111e5erome, french pm&emb-kment) LS 0 $19,000.00 SCIAM 0 $0.00 S.16 South Detention Pond (grading, shjpVnq, uudet structure, & 6p-rapl L5 I $3,850.00 $3,850-06 0.95 $3,657,56 5,17 30" LIT Storm Basin(w/drive-verwrn mslmH, npmo,&dnssl $2,310.00 $11,550.00 5 $11,550.00 5.18 60"I.D. Storm Basin lw/Intemeiwf-11 now spture,) _ $5,350.00 $5,350.00 1 $5,350.00 5.19 24" CIVIP Culvert Extension LF 13 $32-00 $416.00 0 $0.00 5.20 Critter Guard $250 00 $250 00 0 SCHEDULE 5 TOTAL $406,515.D0 S405,281.50 Schedule 6 - Dry Utilities, Street Lighting, and Signage 6.1 Utility Trench with Bedding LF 7554 $7.0p $52,878.00 7,554 $52,879.00 6.2 6" Conduit w/ Pull Rope LF 1260 $5.50 $6,930.00 1,260 $6,930.00 6.3 4' Conduit w/ Pull Rope LF 1820 $3-50 $6,370.00 1,020 $6,370.00 6,4 3" Conduit wl Pull Rope LF 0220 $3.13D $24,360.00 8,120 $24,360.00 6.5 2" Conduit w/ Pull Rape LF 114DD $2.50 $28,500.00 11,400 $28,500.00 6.6 1" Cunduitw/ Pull Rope LE 1667 $2.00 $3,334.00 1,667 $3,334.00 6.7 Single Phase Utility Vault E9 15 $650.00 $12,750.00 15 $12,750.130 6.8 Three Phase Utility Vault Ea 5 $1,200.00 $6,000.OD 5 $6,000.DB 6.9 Secondary Electrical Pedestal EA 40 $65.00 52,600.00 40 52,600.D0 6.10 Street Light Concrete Rase EA 27 $900.00 $18,900-00 21 $18,900.00 6.11 Street Signs (2-Stop w/road names, 2-Private Alley) LS 0 $1,SO0.o0 $0.00 0 50-Do 6.12 Additional Street Sgns and Painted Curb L5 0 $2,075.00 $0.00 fl $0.00 6.13 Directional DIilling t6" HOPE) for FEC (Farm to Market) LF 0 $96.00 $0.00 0 SO.00 614 Directional Drilling (2" HDPE) for Phone/Fiber (Farm to Market) LF 0 $44150 $0.00 0 $0.00 6.15 6" Long Radius Sweep EA q $zaD.BD $E00.00 z saao.Bo 6.16 3" Long Radius Sweep EA 132 $52.00 $6,864.00 132 $6,864.00 6,17 2" Long Radius Sweep LA 275 $48.00 $13,2DO.00 275 $13,200.130 6.18 1" Long Radius Sweep LA 59 $42.DO $2,478.X 19 $798.00 5.19 Installation of Charter- Supplied RoN Pipe for Fiber LF 1880 $.LBO 53,384,00 1,880 $3,384.00 6.20 4" Lang Radius Sweep EA 6 $55.00 $330.06 6 $330.00 6.21 Street Signs (9 Stop/road names, 4 Private Alley, z No Parkme, and Paint) LS 1 $4,750.00 $4,750 fl0 0 50.00 SCHEDULE 6 TOTAL 5194,428.00 $187,598.150 CIVIL CONSTRUCTION BASE BID TOTAL $2,875,399.50 $2,166,605.25 Landscape Plan Cost Estimate L.1 Mobilization, ❑emohilizalion, Insurance, Permits LS 1 $4,000.00 $4,000.00 0 $0-Oe L.2 Park/Open Space Grass Seed Mix LS 1 $11,321,D0 $11,321.00 0 $0.00 L3 Deciduous Tree: 2.25" cal sized EA 162 5275LOO $44,55O.Ou 0 $0.00 LA Coniferous Tree: 5-6'height EA 4 $280,00 $1,12u.00 0 $0.00 L.5 2" City Water Meter for Park and Open Space EA 1 $20,536.00 $20,536.00 0 $0.00 L.6 Automatic Controller EA 1 $2,500.00 $2,500.00 0 $0.00 L.7 2" Irrigation Backfluw Preventer EA I $500.00 55oB.00 o $0.00 L,B Auto Spray Irrigation Valve & Box LA 14 $150.00 $2,100.00 0 $OA0 L9 Misc. Wiring LS 1 $600.00 $600.011 0 $u.00 L.1O Quick Coupler EA 1 $150.00 $150.00 0 $0.00 I -Al 4" Sch. 40 Irrigation Sleeving LF 36 $4,00 $144.00 0 $0.00 L.12 6" Sch. 401rrigabon Sleeving LF 103 $2.00 $206.00 0 $M00 L.13 Hunter Short Radius MPSOO, Matched Precipitation Rotator Head EA 142 $18.00 $2,556.00 0 $0.00 L14 Hunter MP2000, Matched Precipitation Rotator Head EA 48 $18.00 $864,00 6 SO.OP L.35 Hunter 1-25 Nozzle 05 Rotary Head, Matched Precipitation EA 30 $50.00 $1,500.W 0 $0.00 L16 Hunter 145 Nozzle 15 Rotary Head, Matched Precipitation EA 15 $50.00 $750.00 0 $0.00 L17 2" PVC Irrigation Main LF 1500 $3.1ju $4,500.00 0 $0.00 L.18 2" Poly Irrigation Lateral LF 440 $2.00 $880.00 0 $0.00 L.19 11/2" Poly irrigation Lateral LF 615 $1.75 $1,076.25 0 $0.00 L.20 1" Poly Irrigation Lateral LF 3185 $O.SO $2,549.00 0 $0.00 L21 3" Asphalt Pavement (over existing gravel mains. road) SY 430 $19,00 $9,170.00 0 $0.00 L22 Open Space Picnic Shelter EA 1 $15,000.00 $15,000.00 O $0.00 L,23 Open Space Benches EA 2 $775.01) $1,550.00 0 $0.00 t.24 Open Space Trash Receptacle EA _ $1,285.00 $1,285.00 0 $0.00 GENERAL, OPEN SPACE, AND BOULEVARDS TOTAL $129,406.25 $0.00 L.25 Mobilization, Demobilization, Insurance, Permits LS 1 $4,000.00 $4,000-00 0 $0.00 L.26 Park/Open Space Grass Seed Mix LS 1 $1,485.00 $1,486.00 0 MOD L.27 Deciduous Tree: 2.25" cal sized EA 8 $275.00 $2,200.00 0 $0.00 L.28 Coniferous Tree: 6-V height EA _ $300.00 $1,50D.00 0 $0.00 L.29 Coniferous Tree: 5-6' height EA 2 $280.00 $55D.00 ❑ S0.00 L30 Auto Spray Irrigation Valve & Box EA $150.00 $60D.00 ❑ $0.00 L.31 Misr, Wiring LS 1 $750.00 S250.00 0 $O.00 1-.32 4" 5ch, 40 Irrigation Sleeving LF 4L $4.00 51 W.00 0 $0.60 L.33 6" 5ch. 4D Irrigation Sleeving LF 13 $2.00 $26.W ❑ $0.00 L.34 Hunter Short Radlus MPB❑0, Matched Precipitation Rotator Head EA 20 $18.00 S360,❑o 0 $0.00 L.35 Hunter MP2000, Matched Precipitation Rotator Head EA 48 $18.00 $864 00 ❑ Saw L.36 2" PVC Irrigation Main LF 485 $3.00 $1,455.00 0 Slum L37 1" Poly Irrigation Lateral LF 139D Sam $1,112no ❑ $0.00 L.39 Playground Equipment Items 4-9 (Delivered to Site r Supervisory Install) L5 _ $70,000.00 $70,❑00.00 0 $0.00 L.39 Concrete Stand Up Curb LF 317 $15.00 $4,755.00 0 $0.00 LAC Playground Surfacing (Engineered Wood Fiber) SF 6045 $1.50 $9,067.50 0 $0.00 LAI Trash Receptacle EA 1 $I,285.00 $1,285.00 0 $0.00 L.42 Vinyl Fence LF 100 $21.50 $2,150.00 0 $0.00 LAB 10' wide Asphalt Path (3" asphalt, B" gravel base) LF 735 $32.00 $23,520.00 0 Sam PLAYGROUND AREATOTAL $125,350.50 $0.00 L44 Mobilization, Demobilization, Insurance, Permits LS 1 $1,000A0 $1,000.01) 0 $0.00 L.45 Bluegrass Seed or Sad LS 1 $2,427.00 $2,427.00 0 $0.0❑ L.46 Flowering Tree: 2.25" cal sized EA 6 $250A0 51'Sum❑ 0 $0.00 L.47 Auto Spray Irrigation Valve & Box EA 2 $150.00 $3❑0.❑0 0 $0.00 LAS Misc. Wiring LS 1 $5.00 $5.00 ❑ $0.00 L.49 Hunter MP3000, Matched Precipitation Rotator Head EA 49 518.00 5882.00 0 $0.00 L.50 2" PVC Irrigation Main LE 5 $300 $15.00 0 $0.00 L.51 2" Poly Irrigation Lateral LF 50 $2.00 $100.❑0 0 $❑.oD L.52 1 1/2" Poly Irrigation Lateral LF 290 $1.75 $507.50 0 $0.00 L53 1" Poly Irrigation Lateral LF 640 50.80 $512.00 ❑ $0.00 L.54 Benches LS 1 $775,00 $775.00 0 $0.00 L.55 Trash Receptacle LS 1 $1,285,00 $1,285.00 0 $0.00 L.55 Dog Waste Statlon LS 1 $5❑0.00 $500.00 0 $0.00 L.57 Black Chainlink Fence LF 910 $9-50 $8,770.00 0 $0.00 L.58 Vinyl Fence OF 130 521.50 $2,795.00 0 $0.00 L.59 3/4" Gravel Surfacing Cy 8.4 $36.00 $302.40 0 $0.00 DOG PARK TOTAL $21,675AO $0.00 LANDSCAPING TOTAL 3275.432AS {n nn TOTAL ESTIMATED COST OF CONSTRUCTION $3,15D,832.15 AMOUNT COMPLETED PRIOR TO BONDING $2,166,605.25 AMOUNT OF REMAINING WORK PRIOR TO BONDING $984,226,90 AMOUNT OF BOND (12596 OF REMAINING WORK) $1,230,101 AS PROJECT ENGINEER FOR MEADOWS EDGE SUBDIVISION PHASE 113, 1 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 IS ESTIMATED TO BE: $2,166,605.25 THETOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATEDTO BE: $984,226.90 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $1,230,283.63 STEPHANIE REYNOLDS, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: February 24, ZD21 Approximate percentage of completed work as of bonding date: 69%