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FRDO Staff Report/Preliminary PlatFLATHEAD REGIONAL DEVELOPMENT OFFIC3 SUBDIVISION REPORT #KPP-86-3 CHM FINANCIAL ... A report to the Kalispell City Council on a request by CHM Building Partnership for preliminary plat approval of a five (5) lot commercial subdivision. 1. Subdivider: CHM Building Partnership 100 Financial Drive Kalispell, MT 59901 755-6285 2. 'Technical Assistance: Marquardt Surveying 1031 South Main Kalispell, MT 59901 755-6285 3. Acceptanceof Application: December 4, 1986 4. Location: Generally, the proposed subdivision is located on 11.3 acres of land adjacent to and including the Crop Hail Management building. The street address of said building is 100 Financial Drive, Kalispell but more particularlyr the subdivision is described as Ming a resubdivision of Lot 1, Amended Plat of a portion of Gateway West Addition No. 34, SE 1/4, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. B. GENERAL DESCRIPTION: 1. Existing Land Use: The subject property is mostly vacant except for the area of proposed Lot #1 where approximately 2.8 acres have been developed for an office building (Crop Hail Management). 1 2. Proposed band Use: The subdivider is proposing to create five (5) commercial lots from an 11.3 acre lot. Lot sizes range from approximately 1 acre to 3.22 acres. Proposed Lot #1 encompasses the existing Crop Hail office building. No particular uses are proposed at this time for the other lots. 3. Adjoining Land Uses: Retail commercial and multi -family housing are the predominant land uses in the vicinity. The Gateway West Mall and Gateway Cinema adjoin the easterly boundary of the subdivision whereas several apartment complexes are located northerly of the subdivision. Spring Creek follows a portion of the southerly boundary. 4. Relation to Comprehensive Plan: The land use map of the Kalispell Master Plan designates the general area of the subdivision as "General Commercial". The proposed subdivision is in substantial conformance with said designation. 5. Zoning: The area of the proposed subdivision is zoned B-4 (Community Business). Said district is "a business district to provide areas for the development of community shopping areaso to serve the range of a number of neighborhoods to a major segment of the Planning Area. This district shall be a business island of not less than five acres and not a strip development." 6. Covenants: Primary access to each of the lots will be provided via private roads. No covenants are proposedr per se, that establish the ownership and maintenance responsibilities of the private roads. Insteadr the subdivider intends to provide "reciprocal easement agreements" pertinent to all shared facilities. 7. Utilities: a. Sewer and Water: The subdivider is proposing to connect each lot to city sewer and water lines. b. Other Utilities: Telephoner electricity, and natural gas are available in the vicinity. iq NANIDIMU"If • CHM Financial Park is reviewed as a minor subdivision pursuant to the Summary Review Procedures of the Kalispell Subdivision Regulations. Findings are presented for each of the eight (8) public interest criteria. A. EFFECTS ON PUBLIC HEALTH AMID SAFETY: The proposed subdivision may pose some threats to public health and safety relative to traffic safety and flooding. A large portion of Lot 5 is included within the boundary of the 100-year floodplain of Spring Creek. Any development of this lot must comply with the flood -proofing requirements of the floodplain regulations. Access to the subdivision is less than ideal and may result in traffic congestion and auto/pedestrian conflicts. In particular, vehicle traffic is expected to depart/arrive from two (2) opposite directions and across private property. A private road will collect a portion of the traffic for access onto Two Mile Drive. Said private road is not built to City standards and has limited opportunity for expansion since the right-of-way width is "squeezed" to less than 40 feet near the approach to Two Mile Drive. Vehicle traffic is also expected to approach the subdivision from the parking area of Gateway West Mall. The crossing traffic and high pedestrian use associated with the parking lot will likely create conflicts with the "flog -through" traffic of the subdivision. Except for the two (2) above concerns, few other adverse impacts to public health and safety is expected with this subdivision. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: Impacts to wildlife and wildlife habitat should be minimal. Degradation of instream habitat is possible unless adequate mitigation measures are undertaken to prevent sediment and oil - laden run-off from reaching Spring Creek. Disturbance of the creek bank and any associated riparian vegetation should be avoided. 1. Water: Spring Creek is the nearest surface water and forms a portion of the southerly boundary of the subdivision. The associated floodplain encompasses a large portion of lots. Efforts to minimize impacts to the creek should include: a. Maintenance of an undisturbed buffer along the creek; b. Storm water retention to prevent direct discharge of run-off into the creek; and, 3 0 E. C. Compliance with the floodplain permit requirements and other related permit programs. 2. Topography: The subject property has area near Spring Creek, constraints to development 3. Vegetation: gentle topography. Except for the there should be no topographic of the subdivision. The property is mostly grass covered with no overstory of trees. Some riparian vegetation is evident along the creek but, otherwise, no plant community of particular significance will be lost with development of the subdivision. EFFECTS ON TAXATION: The current "land" taxes of the subject property are $10.885. Following subdivisionr it is estimated that the total annual taxes for the land will increase by about $4r000. Improvements on the property will increase the annual tax revenue but the actual revenue cannot be speculated at this time. However, it can be expected that development of the lots will create greater demands on public services such as police and fire protection. It is possible that increased revenue will not fully "compensate" the annual public expenditures that directly or indirectly benefit the subdivision. EFFECTS ON LOCAL SERVICES: 1. Schools: The proposed subdivision will create five (5) commercial lots. As such, this subdivision will not have a direct affect on school enrollment. 2. Parks and Recreation: This subdivision is not subject to the parkland dedication requirements of the Montana Subdivision and Platting Act since it is a non-residential subdivision. Again, approval of this subdivision will not have a direct impact on the existing recreational facilities of the City or County. 3. Fire Protection: The Kalispell Fire department will respond to any fire emergencies in the subdivision. Approval of this subdivision must include provisions for the proper placement of fire hydrants and the water main must meet the required fire flow demands. Adequate turn -around capability on the private road is necessary for the fire trucks. Some problems with traffic 0 4. 5. 6. interference may result if the fire department chooses to access the subdivision from the Mall property. Police Protections The subdivision is within the jurisdiction of the Kalispell Police Department. No comment on this subdivision was expressed by the Department. ;... The roadway access to the subdivision may not be adequate. According to the submitted Environmental Assessment, automobiles are expected to use both the mall parking lot and the private road extending to Two Mile Drive for ingress/egress to the subdivision. The mall parking lot with access onto U.S. Highway 2 is private and is not suitable as a traffic collector from the proposed subdivision. Conflicts with mall traffic and pedestrians will increase as will congestion at the intersection with U.S. Highway 2. See related discussion under "Effects on Public Health and Safety." Correspondingly, Financial Drive, which extends from the Crop Hail Building to Two Mile Drive is not built to comply with the road design standards of the Kalispell Subdivision Regulations. Said road has a right-of-way width of less than 60 feet and the pavement width is approximately 24 feet. At some points, the right-of-way width is under 40 feet. Financial Drive might have been acceptable to service the existing office building but is considered to be substandard for the purpose of providing access to a five -lot commercial subdivision. The proposed westerly extensio a 60 foot wide road utility having a radius of 60 feet. that the cul-de-sac be paved t 50 feet. Water/Sewer: n o of Financial Way is shown as easement with a cul-de-sac The Fire Department requests a minimum radius of at least City water and sewer lines are available in the general area of the subdivision. The city staff notes that the water main must be extended to the westerly property line to facilitate future looping. Extension of the sewer main may have to be coordinated with the Two Mile Vista Apartment development to ensure adequate gravity flow to the subdivision. Specific design proposals will need to be worked out with the city staff. k, 7. Solid Waste: City garbage pickup will be available to the subdivison. The County landfill has sufficient capacity to accommodate any waste from the subdivision. 8. Public Health Services: The existing medical facilities in Kalispell can accommodate any medical situation that might be associated with this subdivision. Response time to the property should be less than five (5) minutes. The subject property is within the City limits of Kalispell and is already committed to Commercial Uses. No productive farmland will be lost with development of the subdivision. G. EXPRESSED PUBLIC OPINION: This subdivision is being reviewed pursuant to the Summary Review Procedures of the Kalispell Subdivision Regulations which do not require public notification of the proposed subdivison. As such, no comments have been received concerning the application. There is no "evidence" to suggest that this subdivision is "needed" or fulfilling any unmet demands. A similar commercial subdivison (Kaltana) was approved as a preliminary plat to the south of this subdivision but apparently interest in that "subdivision" has been weak. The proposed subdivision will create five (5) commercial lots in an area west of the Gateway West Mall. Although the proposed subdivision is in general compliance with many of the public interest criteria., several concerns persist pertaining to roadway access. This office does not find the mall parking lot to be an acceptable point of access to the subdivision and the existing Financial Drive does not comply with the design standards for roads. A commercial subdivision of this type has the potential to create a large number of vehicle trips with corresponding conflicts with pedestrians. No sidewalks are proposed at this time and, without improved access and separation of vehicle and pedestrian traffic, public safety will be compromised. Notwithstanding the foregoing "reservations", the preliminary plat of CHM Financial Park is recommended for approval with the following conditions: G 1. That primary access to the subdivision be restricted to Financial Drive. Use of the "mall" parking lot for access shall be restricted to emergency use only. The subdivider shall be responsible for posting the necessary signs and for any other improvements that may be necessary to limit access from the "mall" property. 2. That additional right-of-way be obtained to provide a 60 foot wide right-of-way for Financial Drive. 3. That Financial Drive and the westerly private road be paved to a minimum roadway width of 28 feet with a paved cul-de-sac radius of at least 50 feet. 4. That curbs and gutters be provided along the private roads and a four (4) foot wide sidewalk provided on at least one side of Financial Drive. 5. That the water main be located within the road right-of-way and be extended to the westerly property line of the subdivision to facilitate future looping. A fire hydrant or blow -off will be ,,,required at the end of the line. 6. That flow capacity of the water main shall be sufficient to meet fire flow demands established by the Fire Chief. A hydraulic analysis by a professional engineer must be provided to demonstrate adequate capacity. 7. That a fire hydrant be installed at the western perimeter of the cul-de-sac. 8. That the sewer main be extended from a location acceptable to the Director of Public Works. 9< That adequate provisions for storm water drainage be provided in accordance to plans approved by the Director of Public Works. Information shall be supplied by a professional engineer in accordance to the requirements of Section 3.11 B of the Kalispell Subdivision Regulations. 10. Treatment of storm water shall include collection into a central point and ponded to remove silts and sediments prior to discharge into Spring Creek. Any discharge must meet the requirements of the State Water Quality Bureau► Department of Fish, Wildlife and Parks., and any applicable EPA requirements. 11. That the State Department of Health and Environmental Sciences certify approval for all proposed water and sewer extensions and drainage improvements. 12. That all required improvements including (a) extension of the sewer main. (b) extension of the water main. (c) installation of fire hydrants. (d) installation of a storm drainage system► and (c) construction of the private roads be subject to the 7 requirements of Section 2.3 of the Kalispell Subdivision Regulations. 13. That any work proposed in the area of the 100-year floodplain be approved and permitted in accordance to the Floodplain Regulations. 14. That street lighting be installed at locations acceptable to the Director of Public Works. 15. That a green belt be provided in accordance to Section 4.05 of the Kalispell Zoning Regulations. 16. That the net and gross acreage of each lot be shown on the final plat. 17. That the private road(s) be named and correspondingly signed. 18. That covenants► reciprocal easement agreements, or other acceptable agreement be prepared and recorded to establish the ownership, rights, use, and maintenance of the private road(s). 19. That the riparian vegetation adjoining Spring Creek not be disturbed► removed, or otherwise manipulated. 20. That all improvements shown on the plat and as required herein be completed or guaranteed in accordance to Chapter 5 of the Kalispell Subdivision Regulations prior to the approval of the final plat. C PRELIMINARY PLAT Al-PLI-11111+ , This Application be submitted, alonq with all information requ,red bk thu applicibie Subdivision Regulations and the Montana Subdivision & Platting Act-, and the appropriate fee to: FLATHEAD REGIONAL DEVELOPMENT OFFICE„ 723 Fifth Avenue East, Room 412 Kalispell, Montana ',9901 - (406) 755-5300, Extension 279 SUBDIVISION NAME: C-�} OWNERS) +-t RECORD: Phone Name Mailing City, State Address \(�j� F(nt�•��.�._ 6 Zip Code',\\T,Z1Q��_._. PERSON(S) AUTHORIZED TO REPRESENT THE SUBDIVISION AND TO WHOM ALL CORRESPONDENCE IS TO HE LENT: Name mQCrt �i.t�2£s,^may Phone,r�'_�.--•--- M-fling J C ty, State Address �'�\ r.i�CL(r� : ?.ip Code TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.): Name & Address Mel.0 t K0,c- t Name &.Address Name & Address - -. LEGAL DESCRIPTION OF PROPERTY: City/ Assessor's County ���'.� poi\ (Y\`S Tract No(s)L�o , Street "S" t Lot Address litC''3 ,i,r�n,n•{ r1 XNofs)o�'`�'-R 6 SEk Section _ Township bl Range a�,) 3 r' GENERAL DESCRIPTION OF PROPOSED SUBDIVISION; Number of Lots or Rental Spaces rJ Total Acreage in Subdivision Total Acreage in Lots q,ggl, Minimum Size of Lots or Spaces Lc C CL .._-0 Total Acreage in Streets or Roads .._1_.3--I_ Maximum Size of Lots or Spaces a•Z Total Acreage in Parks, Open Space and/or Common Areas PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES Single Family Townhouse Duplex Mobile Home Park Multi -family: Recreational Vehicle Park Apartment _ Commercial Planned Unit Development Industrial Condominium Other. APPLICABLE ZONING DISTRICT ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS'faEQ,,=_ _ IMPROVEMENTS TO RE PROVIDED: Roads: - A Gravel )( Paved _Curb Gutter Sidewalks Alleys __ -- Other Water System; Individual Multiple User _ Neighborhood _ X Public _ _ Other Sewer System: Individual Multiple User Neighborhood x Public Other Other Utilities: Cable TV ^j_ Telephone ik,/ Electric Gas _i Other Solid Waste: Home Pick-up Central Storage _� Contract Hauler Owner H:tul Mail Delivery; Central X Individual Fire Protection: �. Hydrants Tanker Recharge Fire District: Drainage System: _�CtYi— — ---- -- - -- -- -— - PROPOSED EROSION/SEDIMENTATION CONTROL: ARE ANY VARIANCES REQUESTED? IF SO, PLEASE COMPLETE THE OTHER SIDE OF TH l4 FORM. ryes, noj' LIST OF MATERIALS SUBMITTED WITH THIS APPLICATION. 760*01.- I hereby certify under penalty of perjury and the laws of the State of hontana that the in:orrutiun submitted heron. on 0 f other submitted forms, documents, plans or any other information submitted as part of thi; appticariun, to he true, eon,plete, and accurats: to the best of my knowledge. Should any information or ttun;tted in con- nection with this applicatlos he iacatrect,;tr untrue, I understand chat any appro-1 bas•.d ther.an may be rescinded, and other apprnriate anion tal fin/,r Signed �f�` ci__�.j. gel--'�-r/-/-�j-Ct_f�t-=t�. n:ate TapPTicant) I �._...__�_.�.. ENVIRONMENTAL A, _SSMENT CHM FINANCIAL PARK I. ENVIRONMENT A. Surface Water 1. See plan for location of Spring Creek, 100 year flood plain and drainage ditches. 2. The only water system affected by the subdivision is Spring Creek. The creek is used for both irrigation and recreation. Water is, generally present all year but the creek sometimes dries up in the summer. II. COMMUNITY IMPACT A. Water Supply 2a. Anticipated demand is estimated to be approximately 3000 gpd per lot. b.(i) Water will be provided by the city of Kalispell. (ii) The nearest water main is within the subdivision as shown on the plan. The system's capacity is adequate to handle the increased demand. (iii) The subdivision is presently connected to the system. B. Sewage Disposal 2a. Anticipated sewage generated will be approximately 1500 gallons per day per'lot. b.(i) Sewage disposal will be provided by the city of Kalispell. (ii) The nearest sewer main is adjacent to the subdivision as shown on the preliminary plat. The system's capacity is adequate to handle the increased demand. (iii.) The existing and proposed sewer lines are shown on the preliminary plat. Until preliminary plat approval is granted it would not be prudent to have engineered plans and specs prepared for the extension. D. Roads 1. Construction will be required to extend the private road West to the culdesac. 2. All roadways are private. The developer of the lots will pay for installation of the roadway. Maintenance will be paid for by all lot owners. This will be covered by a reciprocal easement agreement. 3. When fully developed it is anticipated that there will be 600 trips/day generated by the subdivision. Approxi- mately 65% of those will access the subdivision from Highway 2 with the other 35% using the Two Mile Drive access. Access from U.S. Highway 2 is adequate to accomodate the increased traffic. It is not certain what the capability of Two Mile Drive is, but it should be able to handle the 228 trips per day anticipated. The increase in traffic should not result in any major increase in maintenance problems and cost. 4. Year round access is available to all lots. 5. Access to the subdivision from Highway 2 passes through property owned by Vivian Jean Manahan and leased by Gateway West Shopping Center Association. A reciprocal easement agreement covers this access. Flathead Regional Development Office Advisory Technical Staff October 21, 1986 Dean K. Marquardt Marquardt Surveying 1031 South Main Kalispell, MT 59901 723 5th Avenue East - Room 412 Kalispell, Montana 59901 Phone: (406) 752-5300 Ext 279 Re: Environmental Assessment for Crop Hail Subdivision Dear Mr. Marquardt: Your request for "waiver of the Environmental Assessment" requirement, as applicable to the above referenced subdivision, was considered by the Kalispell City -County Planning Board and Zoning Commission during their regularly scheduled meeting held on Thursday, October 16, 1986. The request was considered under the agenda item, New Business. I provided a brief review of the proposed subdivision and, following Board discussion, it was unanimously resolved that a partial Environmental Assessment was appropriate. The partial Environmental Assessment must include discussion of the following sections of the Environmental Assessment outline as shown in Appendix A of the Kalispell Subdivision Regulations: I A - Surface Water II A - Water Supply II B - Sewage Disposal II D - Roads Please call me if you have any questions. Sincerely, David M. Greer Senior Planner arw • Flathead County • City of Columbia Falls 0 City of Kalispell • City of Whitefish • MAM i eti'J 'Jjwme (F,1rlof"C fro., One. 'f'la?keo f. 'yinna r, . !/e„l"wer max l fl0 68S j'usr �/ Xouletw?d %iali4lre�, Mvllana 599n4 (406) 2,T7. 9444 CT-13753 STATE OF MONTANA ) . ss. County of Flathead ) At the request of Marquardt Surveying, Citizen's Title & Escrow Company has searched its tract indices of county records as to the following property in Flathead County, Montana, to be known as: CHM FINANCIAL PARK. The above described subdivision is located on the following described property: Lot One (1) of the "Amended Plat of a Portion of Gateway West Addition No. 34" according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. As of November 18, 1986, at 8:00 A.M., we find the last deed of record rims to: CHM BUILDING PARTNERSHIP, a general partnership. We have also searched our general index for Judgments and Income Tax Liens against the above named parties and as of the above date -we find: NCNE . We further find no liens, mortgages or claimants of record except as follows: 1. General and special county and city taxes for the year 1986, a lien now payable. 2. Reservation of all ores and minerals beneath the surface of a portion of described premises and other property, with the right to mine for and extract the same, by Marietta Casebeer and H. L. Casebeer, her husband, as shown in document recorded June 3, 1941 in Book 241, Page 446, records of Flathead County, Montana. (AFFECTS: Premises and other property). Continued .... GT-13753 Page 2 3. Agreement dated June 10, 1942, by and between John Byrne, et ux, F. P. Scott, et ux, and Leo Kinshella, et ux, and recorded May 5, 1944 in Book 257, Page 84, records of Flathead County, Montana, for proportionate use of water rights and water ditches; ALSO Easement dated April 29, 1944 from John Byrne, et ux, to Vivian Kinshella, recorded May 5, 1944 in Book 257, Page 92, providing for the use of the Talbott -Byrne diversion dam and ditch, and charges, repairs and maintenance of said ditch. 4. Terms and Conditions of that certain Reciprocal Easement Agreement executed by and between Gateway West Shopping Center Association and Sky River Enterprises as recorded February 6, 1976 in Book 591, Page 868 as Document No. 1188, records of Flathead County, Montana. The above document has been amended by "Amendment to Reciprocal Easement Agreement" recorded February 3, 1984 as Document No. 84-034-1641, records of Flathead County, Montana. 5. An Easement as set forth in an instrument IN FAVOR OF Anderson Theater Company FOR : nonexclusive easement RECORDED : February 20, 1976 in Book 592, Page 911 as Doc. No. 1667, records of Flathead County, Montana. 6. An Easement as set forth in an instrument IN FAIR OF : Northwestern Telephone Systems FOR : right of way RECORDED : July 8, 1976 in Book 598, Page 863 as Doc. No. 7338, records of Flathead. County, Montana. AFFECTS 7. A Montana principal sum DATED AMOUNT : Premises and other property Trust Indenture to secure an indebtedness in the original of: The Beneficial Assignment DATED RECORDED . July 19, 1984 . $243,800.00 and any other amounts and/or obligations secure ereby Drop Fail Management, a Montana Corporation Citizen's Title and Escrow Sky River Enterprises, a Montana Corporation July 19, 1984 as Doc. No. 84-201-16210 and re -recorded August 10, 1984 as Doc. No. 84-223-14480, records of Flathead County, Montana. That portion known as Parcel A, Certificate of Survey No. 7894. interest under said Trust Indenture was assigned by : November 30, 1984 : January 10, 1985 as Doc. No. 85-010-14180, records of Flathead County, Montana. : Raymond A. Thon and Richard L. Taylor, Trustees Continued .... CT-13753 Page 3 8. An Easement as set forth in an instrument IN FAVOR OF . City of Kalispell FOR : water main, sewer lines and distribution lines RECORDED : May 1, 1984 as Document No. 84-122-11300, and February 28, 1985 as Doc. No. 85-059-14200, records of Flathead County, Montana. Release of Easement executed by the City of Kalispell releasing the two easements above but only as to Parcel B of Certificate of Survey No. 8057, said release recorded August 26, 1985 as Doc. No. 85-238-13171, records of Flathead County, Montana. 9. Reserving unto Sky River Enterprises, its successors and assigns, an easement for the purpose of access to Parcel B of Certificate of Survey No. 3221, as contained in Document dated July 19, 1984 and recorded July 19, 1984 as Document No. 84-201-16200, and contained in various other documents of record, records of Flathead County, Montana. 10. Reservation of an easement in favor of Crop Hail Management for access to remainder of Lot 1 per Amended Plat of a Portion of Gateway West Addition No. 34, as described in Document dated July 19, 1984 and recorded July 19, 1984 as Doc. No. 84-201-16210, records of Flathead County, Montana. 11. An Easement as set forth in an instrument IN FAVOR OF : Northwestern Telephone Systems FOR . telephone wires and underground facilities ... ingress and egress... RECORDED : February 22, 1985 as Doc. No. 85-053-11580, records of Flathead County, Montana. 12. An Easement as set forth in an instrument IN FAVOR OF : Northwestern Telephone Systems FOR telephone wires and underground facilities... ingress and egress RECORDED : February 22, 1985 as Doc. No. 85-053-11590, records of Flathead County, Montana. 13. An Easement as set forth in an instrument IN FAVOR OF . Pacific Power and Light FOR . electric transmission and distribution lines... ingress and egress... RECORDED : April 16, 1985 as Doc. No. 85-106-10580, records of Flathead County, Montana. 14. Easements as shaven on Certificate of Survey No. 8057, records of Flathead County, Montana. 15. A Financing Statement sharing DEBTOR . Crop Hail Management SECURED PARTY . General Electric Credit Corporation FILED : August 5, 1985 as Doc. No. 85-217-11060 and as Financing Statement No. 38010, records of Flathead County, Montana. Continued .... CT-13753 Page 4 16. A Financing Statement showing DEBTOR . Crop Hail Management SECURED PARTY : General Electric Credit Corporation FILED : August 15, 1985 as Doc. No. 85-227-12270, records of Flathead County, Montana. 17. An Easement as set forth in an instrument IN FAVOR OF . City of Kalispell FOR : right of egress and ingress for the purpose of construction, alteration, improvement, operation, maintenance and repair of an underground water main and sewer line RECORDED : August 26, 1985 as Doc. No. 85-238-13160, records of Flathead County, Montana. AFFECTS : That portion known as Parcel B of Certificate of Survey No. 8057. 18. A Deed of Trust, Assignment of Rents and Security Agreement to secure an indebtedness in the original principal sum of: DATED : August 1, 1985 AMOUNT . $1,650,000.00 and any other amounts and/or obligations secured there y TRUSPOR . CHM Building Partnership, a Montana General Partnership TRUSTEE . First American Title Insurance Company BENEFICIARY : Washington Mortgage Corporation RECORDED : August 14, 1985 as Doc. No. 85-226-11260, records of Flathead County, Montana. The Beneficial interest under said Deed of Trust was assigned by Assignment DATED : August 1, 1985 RECORDED : August 14, 1985 as Doc. No. 85-226-11290, records of Flathead County, Montana. _. TO . Far West Federal Bank Assignment of Lessor's Interest in Leases dated August 1, 1985, executed by CHM Building Partnership, a Montana General Partnership, to Washington Mortgage Corporation, recorded August 14, 1985 as Doc. No. 85-226-11270, records of Flathead County, Montana. Assignment of Assignment of Lessor's Interest in Leases DATED : August 1, 1985 RECORDED : August 14, 1985 as Doc. No. 85-226-11300, records of Flathead County, Montana. TO . Far West Federal Bank AFFECTS . That portion of property known as Parcel B, Certificate of Survey No. 8057. Continued .... CT-13753 Page 5 19. A Deed of Trust to secure an indebtedness in the original principal sum of : DATED : March 26, 1986 AMOUNT $225,000.00 and anX other amounts and/or obligations secured thereby TRUSTOR CIR4 Building Partnership TRUSTEE First Montana Title Company BENEFICIARY . Treasure State Bank, a corporation RECORDED : April 1, 1986 as Doc. No. 86-091-15340, records of Flathead County, Montana. AFFECTS . That portion of property known as Parcel B of Certificate of Survey No. 8057. 20. A Financing Statement showing DEBTOR . Crop Fail Management SECURED PARTY . Norwest Bank Great Falls FILED : April 14, 1986 as Doc. No. 86-104-10320, records of Flathead County, Montana. 21. A Financing Statement showing DEBTOR . CHM Building Partnership, a Montana General Partnership SECURED PARTY . Washington Mortgage Corporation FILED : August 14, 1985 as Doc. No. 85-226-11280, records of Flathead County, Montana. 22. Easements and proposed easements as shown on the Preliminary Plat of CHM Financial Park. 23. The above described property is located within and subject to the jurisdiction of the Kalispell Fire Department. Liability hereunder limited to amount paid for this report. Fee: $95.00 Subscribed and sworn to before me this ? day of December, 1986. Notary Pub -tic tor State of Montana ' Residing at My Commission PW-0402-86 - - - I �i� �wj� FJ a ` i t?FFra { DATE: December 15, 1986 TO: David Greer, Flathead Regional Development Office FROM: Ken Hammer, Director of Public Works RE: CHM Financial Park The City of Kalispell Staff has reviewed the plans for CHM Financial Park and offers the following comments. WATER 1. Proposed main extension cuts across Lot 1, Lot 5 and then into the cul-de-sac. Main should be located in 60` private road and utility easement. As such, main must be 1) relocated at once into the road easement if extended from line feeding the hydrant north of Crop Hail building or 2) extended westwards from main that runs north -south between Crop Hail property and Two Mile Drive. 2. Water main must be extended to westerly property line of development to facilitate future looping. The exact location of the end of the main must be coordinated with development plans for property west of this subdivision (Two Mile Vista Apartments.) A fire hydrant or blow off will be required at the end of the line. 3. Flow capacity of main must be sufficient to meet fire flow demands established by the Fire Chief. A hydraulic analysis by a professional engineer must be provided to demonstrate adequate capacity. 4. Plans and specifications for the extention must be submitted to the City and SDHES and approved prior to final plat approval. 5. All work must be in accordance with City Standards. 6. Fire Department will require a fire hydrant installed on the western perimeter of the planned cul-de-sac. SEWER 1. The existing sewer is quite shallow and the proposed extension shown on the preliminary plat might not provide gravity sewer to all the lots of this subdivision. The new sewer facilities PW-0402-86 CHM Financial Park Review December 15, 1986 Page 2 of Two Mile Vista Apartments are much deeper. Extension of a sewer main from the apartments might be more practical. Again, this extension must be coordinated with development plans for the adjacent area. I strongly recommend that CHM pursue the option. (Is the existing sewer line that drains eastward from the development a part of our sustem or is it a private line? Can it be extended?) 2. All sewer work must be done in accordance with City Standards. 3. Plans and specifications for the extension must be submitted to the City and SDHES and approved prior to final plat approval. STORM DRAINAGE 1. A report by a professional engineer concerning storm drainage, especially magnitude of runoff, treatment methods, and form of disposal, is required. Information to be furnished must comply with City Ordinance No. 962. 2. All storm water shall be collected into a central point and ponded to remove silts and sediments prior to discharge into Spring Creek. Any discharge must meet the requirements of the State Water Quality Bureau, State Department of Fish, Wildlife and Parks, and any applicable EPA requirements. 3. All storm sewer work must be done in accordance with City Standards. 4. Report, plans and specifications for the storm drainage system must be submitted to the City and SDHES and approved prior to final plat approval. RnAT1G 1. Presently, Financial Way is a private drive and should remain that way. 2. The cul-de-sac should have a 50' paved radius to accommodate City fire trucks and must be signed "No Parking" at the expense of the developer. 3. Street lighting may be required. ajg PW-0401-86 -- -- — - 4o John "Ed" Kennedy, Jr. Mayor DATE: December 4, 1986 TO: Ed Kennedy, Mayor CITY OF Glen Neier, Attorney Martin Stefanic, Police Chief Duane Larson, Fire Chief Ken Jackson, Building Official Fred Zavodny, Surveyor Andy Hyde, Sewer and Water Superintendent Annexation Committee Chairman David Greer, FRDO FROM: Ken Hammer, Director of Public Works RE: Preliminary Plat Application - CHM Financial Park N Drawer 1997 Kalispell, Montana 59903-1997 There will be a staff meeting to review the preliminary plat application for the CHM Financial Park on Tuesday morning, December 9, 1986 at 8:30 A.M. in the Committee Room. Please be prepared to share your comments and concerns at that time. Thank you. ajg X aca&zz 16-1/ f 7PW-Ot401-— John "Ed" Kennedy, Jr. Mayor ,go CITY OF �x,�/,,e DATE: December 31, 1986 TO: File FROM: Public Works Staff RE: CHM Financial Park Preliminary Plat H Drawer 1997 Kalispell, Montana 59903-1997 The following is the Public Works Staff's response to Dean Marquardt's letter dated December 24, 1986. 1. The Public Works Staff concurs with the deletion of Items 1, 2 and 4 of the Flathead Regional Development's recommendations. We understand CHM has a written agreement with Gateway West Mall permitting CHM clients ingress and egress over Gateway West Mall's property. The City requests a copy of this agreement for City files. 2. The Public Works Staff concurs that Item 3 of the FRDO recommendations applies only to the westerly private road. 3. The construction of the private roads shall remain subject to the requirements of Section 2.3 of the Kalispell subdivision regulations. Emergency access is a major concern of the City. Also, the Public Works Department would like to be able to relate the finished grade of the private road to the finished grade of all the public improvements within the site. 4. The Building Department will respond. At�L`0` , 5. The Public Works Staff feels the developer should have the option of adjusting the boundary line between Lots 4 and 5 for the purpose of adequately extending the water main to the westerly boundary of the subdivision only. The location of the water line shall be approved by the Public Works Department prior to the developer's relocation of said boundary line. The City shall be granted adequate easements for all public utilities within this subdivision. 6. Kalispell subdivision regulations, Section 2.2, states: "Approval of a preliminary plat shall be effective for not more than one calendar year." This regulation should not be compromised ajg „��acalian �C�cl�,• c /ity cw ncil, Glen "pier, DPW, non HalVer, Ker" acksorn 1 2 / 2 6 / 8 6 ms MARQUARE)T SURVEYING CIVIL ENGINEERING AND LAND SURVEYING 1031 SOUTH MAIN - PHONE (406) 755-6285 KALISPELL, MONTANA 59901 -December 24, 1986 Honorable _Mayor and City Council City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Preliminary Plat of CHM Financial Park Dear Mayor and Council Members, The conditions of approval recommended .by the Flathead Regional Development Office differ considerably _from the conditions recommended by the Kalispell City _Staff. In order to bring the conditions more in line with staff recommendations, we request City Council approval based on `th`e following ctratibes to the Flathead Regional Development Office conditions: 1. That Items 1, 2 and 4 be deleted. 2. That Item 3-apply only to the westerly private road. 3. That construction of the private roads be deleted from Item 12 since these are not public improvements. 4. That Item 15 be amended to read "That green belt shall be provided in conjunction with building permits for each lot where required". 5_. That the line between Lots 4 and 5 be adjusted as necessary to conform to the location of the water main extension. 6. That the preliminary approval be for a period of three years as provided in the Tubdivision and Platting Act". Your favorable consideration of this -'request will be appreciated. Very truly yours , Dean K. Marquarhtt DKM:cdm _ cc: Brian Cloutier ENGINEERING — PLANNING — SURVEYING — SUBDIVISION ANNEXATION COMMITTEE RECOMMENDATIONS FOR CHM FINANCIAL PARK PRELIMINARY PLAT APPROVAL To correspond to FRDO's Summary Remarks and Recommendation, pages 6-8 of the December 17, 1986 Subdivision Report. 1. Delete. See Addition A. 2. Delete. See Addition A. 3. That the westerly private road be paved to a minimum roadway width of 28 feet with a paved cul-de-sac radius of at least 50 feet. 4. That curbs and gutters be provided along the westerly fprivate roads aid-e-=eu�-�4�-feed-amide-sidezaelk-presided-erg-a�-�eest-ewe-suede-e€-Fi�ce�teie� Drive. 5. That the water main be located within the road right-of-ways . or as otherwise acceptable to the Director of Public Works , and be extended to the westerly property line of the subdivisiontofacilitate future looping. A fire hydrant or blow -off will be required at the end of the line. Items 6 - 20 acceptable as written. Addition A: That a specifiz-60-foot wide roadway easement be provided within the Gateway West Ma11 parking lot and that the roadway easement be properly signed. If t�h aforementioned access is not obtained a 60' right-of-way easement for'Financial Drive must be acquired and Financial Drive built according -to subdivision requirements. Addition B: That the delineation of the traffic pattern flow at Financial Drive and the entrance to the Gateway West Mall parking lot be addressed. UD 11 F ANNEXATION COMMITTEE RECOMMENDATIONS FOR CHM FINANCIAL PARK PRELIMINARY PLAT APPROVAL To correspond to FRDO's Summary Remarks and Recommendation, pages 6-8 of the December 17, 1986 Subdivision Report. 1. Delete. See Addition A. 2. Delete. See Addition A. 3. That Fiaeiel-Die-end the westerly private road be paved to a minimum roadway width of 28 feet with a paved cul-de-sac radius of at least 50 feet. 4. That curbs and gutters be provided along the (add: westerly) private roads aid-a-fear-�4�-€eel-amide-sidewalk-p�e�ided-e�-et-leas-ewe-suede-e€-Fi�e�eial Drive. 5. That the water main be located within the road right-of-way (add: or as otherwise acceptable to the Director of Public Works), and be extended to the westerly property line of the subdivision to facilitate future looping. A fire hydrant or blow -off will be required at the end of the line. Items 6 - 20 acceptable as written. Addition A: That a specific 60-foot wide roadway easement be provided within the Gateway West Mall parking lot and that the roadway easement be properly signed. If the aforementioned access is not obtained a 60' right-of-way easement for Financial Drive must be acquired and Financial Drive built according to subdivision requirements. Addition B: That the delineation of the traffic pattern flow at Financial Drive and the entrance to the Gateway West Mall parking lot be addressed. January 2, 1987 ANNEXATION COMMITTEE 8:00 A.M. Chairman Hafferman and Councilman Manning in attendance. Construction Inspector Van Dyke, David Greer from FRDO, Dean Marquardt and Brian Cloutier representing CHM Financial Park, and Building Official Jackson also present. CHM FINANACIAL PARK PRELIMINARY PLAT - C. Hafferman explained some apparent disagreements between the parties involved. She stated that she had walked the area and her biggest question concerned possible traffic problems in the future. For clarification the comments from this meeting will be grouped according to subject, not not necessarily in the order in which they were discussed. Financial Drive - The City Staff and Mr. Marquardt feel that the 60' ROW required by the subdivision regulations should be waived. David Greer pointed out that it was a subdivision regulation requirement whether the road was public or private and that if the Council approves anything less than that they must show findings of fact. He pressed for the 60' ROW due to future traffic needs. Dean Marquardt pointed out that the point where Financial Drive meets Two Mile Drive is the worst possible access because it is on the S-curve and Two Mile Drive itself is not acceptable for the amount of traffic. David Greer pointed out that Financial Drive at it's narrowest is only 37.4 feet, which leaves no room for sidewalks or other improvements. Mr. Marquardt asked if it could be designated a temporary road until such a time as the Mall develops another access to the east. David Greer pointed out that the zoning on the property to be developed allows even motels and the possible traffic problems must be addressed. Brian Cloutier stated that office buildings were what was going to be built in the development. He also said the traffic using Financial Drive was people from the Northridge area - business traffic is coming from Highway 2. C. Manning felt that ideally future access would line up with Hawthorne, but Mr. Cloutier pointed out that use of the land would be severely restricted if that were to happen. C. Hafferman asked that if the City agreed to let Financial Drive be less than the 60' required and a private drive how it could be worked out, and David Greer stated that it must be shown before the final plat how each lot involved is responsible for upkeep and maintenance. Dean Marquardt said again that he felt it should be temporary, but admitted that temporary could turn in to permanent. Brian Cloutier stated he preferred solving this problem now and felt the point at which Financial Drive meets the mall parking lot was the greatest problem. Posts, concrete dividers, etc. were discussed and it was felt that curbing and landscaping to make a better delineation of traffic flow would help to solve the hazard at that point. C. Manning asked about the possibility of adding 10 foot on the west side of Financial Drive but the developers felt it would be very expensive. Brian Cloutier stated he had always looked on Fianancial Drive as a secondary access, with the main entrance through the mall. He felt that it has become more of an entrance to the mall rather than to the development. Access through Gateway West Mall - Dean Marquardt stated that there is an agreement between the mall and the developers for common parking and access. As growth has occurred the traffic patterns and parking have been altered to accomodate the increase. The ideal access.is from Highway 2 and that is what all plans have been based upon. C. Hafferman stated that traffic at the mall is not controlled and cannot be without a full time policeman on duty. The question was asked if signing would improve traffic patterns, but Mr. Marquardt pointed out that they could not put signs up on mall property, and also that signs on private property could not be enforced. David Greer felt that it is conceivable that increased traffic because of development would not only be hazardous, but that the mall could complain. A traffic light on Highway 2 ANNEXATION COMMITTEE CHM Financial Park Preliminary Plat January 2, 1987 Page 2 could possibly help but that is future. C. Manning asked if the mall is aware of the potential for increased traffic. Brian Cloutier stated that the way the easement reads the developer has access through all mall accesses. C. Manning asked what would happen if hypothetically the mall closed — is the developer covered for access. Perhaps tying up the access long range would protect the developer and the City would feel better about easing up on the regulations for Financial Drive. Those present looked at the present agreement between the mall and the developer and it seemed to be in order. The consensus was that the City doesn`t ever want to dump traffic onto Two Mile Drive, but at the same time must be concerned about long—range access. David Greer pointed out that neither does the City want to dump traffic into the parking lot. It was felt that the present island at the entrance to the mall from Highway 2 as well as where the four lanes come together by the former Safeway were traffic hazards, and a defined road easement within the parking lot area would help to solve alot of problems. Mr. Cloutier stated that they had never had a problem dealing with the mall and he would contact Ryan Heinz -.--,David Greer add-ed--that if an agreement could be reached they would also need a maintenance and upkeep agreement in writing before the final plat. Dean Marquardt stated that CHM would attempt to have a specific roadway easement that was properly signed through the mall parking lot. At the conclusion of the meeting there was some additional discussion that this statement was not strong enough and that wording should be added that if an easement cannot be defined then a 60' ROW easement would have to be acquired and Financial Drive be built according to subdivision regulations. It was also pointed out that the easement through the mall parking lot would have to be the 60' required by the subdivision regulations. Discussion of FRDO's Summary Remarks and Recommendation: 1. This shall be deleted. See addition A. 2. This shall be deleted. See addition A. 3. Section 2.3 of the Kalispell subdivision regulations calls for improvement drawings. the City has a major concern for emergency access. The City also wants to be able to relate the finished grade of the private road to the finished grade of all the public improvements (utilities) within the site. David Greer asked Mr. Marquardt what was meant by the statement in his letter "That construction of the private roads be deleted from Item 12 since these are not public improvements." Mr. Marquardt responded that he wished it deleted from the bonding requirement because the bonding requirements only apply to public improvements. That is what the law says and that is what he was asking for. David Greer stated that any road that provides access to lots must be improved as a condition to approval. Mr. Marquardt did agree that a final plat could not be filed unless the roadway was improved or it was bonded. 4. Curbs, gutters and sidewalks: CHM'has no foot traffic with the possible exception of foot traffic between office buildings and the mall. It was pointed out that not only is each office building required to furnish their own parking, but that this development would be done in a first class manner. This was changed to read that curbs and gutters would be required only along the westerly extension of Financial Drive. ANNEXATION COMMITTEE CHiM Financial Park Preliminary Plat January 2, 1987 Page 3 5. Construction Inspector Van Dyke stated that the Water and Sewer Super- intendent had requested that the existing water line be moved to within the ROW, but that the Public Works Director would not require that as long as access was available for maintenance and repairs. After the meeting there was some confusion about this because of the written staff report from the Director of Public Works. Since the Director if Public Works is out of town the wording "or as otherwise acceptable to the Director of Public Works" will be added to the statement that the water line must be moved. Items 6 - 9 are acceptable as is. 10. Planned ponding is within the flood plain area. Items 11 - 13 are acceptable as is. 14. It is not known at this time if street lights will be needed, but the developer will comply with the wishes of the Director of Public Works. 15. Green belt: As each lot is developed this requirement can be tied to the site plan and building permit. Building Official Jackson stated that the requirement is talking about visual screening along the common boundaries rather than about landscaping. Items 16 - 20 are acceptable as is. Time period for approval of preliminary plat: Public Works staff recommends 1 year as opposed to Mr. Marquardt's request for 3 years. There is a conflict here between state law (3 years) and City standards (1 year). The Committee agreed that it should be one year until the City changes the policy. It is the developer's responsibility to ask for an extension if it is necessary. Addition A: That a specific 60-foot easement be provided within the Gateway West Mall parking lot and that the roadway easement be properly signed. If the aforementioned access is not obtained a 60' right-of-way easement for Financial Drive must be acquired and Financial Drive built according to subdivision require- ments. Addition B: That the delineation of the traffic pattern flow at Financial Drive and the entrance to the Gateway West Mall parking lot be addressed. ajg cc: City Council Glen ier, DPW, Don Ha1ver, Ken �,cks0n 12/26/86 ms ARQU RDT SURVEYING CIVIL ENGINEERING AND LAND SURVEYING 1031 SOUTH MAIN - PHONE (406) 755-6285 KALISPELL, MONTANA 59901 December 24, 1986 Honorable .Mayor and City Council City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Preliminary Plat of CHM Financial Park Dear Mayor and Council Members, The conditions of approval recommended .by the Flathead Regional Development Office differ considerably _from the conditions recommended by the Kalispell City.Staff. In order to bring the conditions more in line with staff recommendations, we request City Council approval based on the following changes to the Flathead Regional Development Office conditions: 1. That Items 1, 2 and 4 be deleted. 2. That Item 3_apply only to the westerly private road. 3. That construction of the private roads be deleted from Item 12 since these are not public improvements. 4. That Item 15 be amended to read "That green belt shall be provided in conjunction with building permits for each lot where required". 5. That the line between Lots 4 and 5 be adjusted as necessary to conform to the location of the water main extension. 6. That the preliminary approval be for a period of three years as provided in the'Subdivision and Platting Act". Your favorable consideration of this request will be appreciated. Very truly yours, Dean K. Marquar t DKM:cdm cc: Brian Cloutier ENGINEERING — PLANNING — SURVEYING — SUBDIVISION Advisory Technical Staff December 17, 1986 Honorable Mayor and City Council City of Kalispell P. 0. Drawer 1997 Kalispell, MT 59901 723 5th Avenue East - Room 412 Kalispell, Montana 59901 Phone: (406) 752-5300 Ext. 279 Re: Preliminary Plat of CHM Financial Park Dear Mayor and Council Members: Enclosed is the preliminary plat application for the above referenced subdivision. Said subdivision would create five (5) commercial lots in the area of the Crop Hail Building. The plat and application supplements were submitted in accordance to the Summary Review Procedures of the Kalispell Subdivision Regulations. A brief evaluation of the application is provided in the accompanying Flathead Regional Development Office report. Please note that this office has particular concern pertaining to the proposed ingress/egress of the subdivision. Please be advised that the application was accepted in this office on December 4, 1986 so the Council must act on the application within 35 days of that date. No public hearing is required for this subdivision. Three copies of the plat are .. enclosed for your signature. Following conditional approval or disapproval of the subdivision, a signed copy should be forwarded to the applicant and to this office with the remaining plat held for your files. If you have any questions or desire additional assistance concerning this application, please contact this office. Sincerely, 7�E""-� David M. Greer Senior Planner arw 9 Flathead County ® City of Columbia Falls ® City of Kalispell 0 City of Whitefish Honorable Mayor and City Council City of Kalispell Re: Preliminary Plat for CHM Financial Park December 17P 1986 Page 2 Attachments: FRDO Staff Report #KPP-86-3 Completed Application Form Partial Environmental Assessment Letter to Marquardt Surveying from FRDO pertaining to EA (October 21, 1986) Title Report Letter from City Staff to FRDO dated December 15P 1986 c/Staff Report: CHM Partnership 100 Financial Drive Kalispell. MT 59901 Marquardt Surveying 1031 South Main Kalispell. MT 59901