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Staff Report/Final Plat dated 04/18/05ri® ity Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT: Final Plat Approval for Amended Plat of the Northeast Portion of the Gateway West Addition #34 (Parking Lot) MEETING DATE; April 18, 2005 BACKGROUND: This is a request for final plat approval of a one lot commercial subdivision intended for parking in the area of the northeast corner of the Gateway West Mall parking lot. The newly created lot contains approximately 1.795 acres and would be used for parking for the TeleTech operation to be located in the former Stream facility. The property is zoned B-3, Community Business, a commercial zoning district. This district has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. The subdivision complies with the minimum lot size requirements of the district. An exemption from sanitation review has been noted on the face of the plat since this property will not be used for construction purposes but rather for a parking facility exclusively. The Tri-City Planning Office waived preliminary plat review on March 24, 2004 subject to several conditions because it can meet the criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. The Kalispell City Council will need to adopt findings of fact for approval found in the attached staff report KWP-04-6 concurrent with the final plat approval. The attached transmittal letter outlines the conditions of approval and a discussion of how they have been met. RECOMMENDATION: Approval of the resolution adopting the findings of fact and approving the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted Narda A. Wilson James H. Patric Senior Planner City Manager Report compiled: April 13, 2005 c: Theresa White, Kalispell City Clerk Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Apr• 14 05 03: 17p p.2 ,4-1K FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY 490 W. Reserve Drive— Suite B • Kalispell. M V59901 •406-'_57.771 1 • (f) 406.257.7772 wwis.flatheadport_ora • flat headp n=cicentuntel.net April 14, 2005 James H. Patrick City Manager City of Kalispell 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 Dear Mr, Patrick: This is to inform you that the Flathead County Economic Development (PORT) Authority wishes to move forward with the purchase of property adjacent to the Gateway West Mall and with the construction of a parking lot on that property. This action was authorized by Resolution 11397 adopted by the Authority at its meeting on February 20, 2004. The Flathead County Economic Development Authority and the City of Kalispell will be 50/50 partners in the cost of purchasing the land and cost related to construction will also be shared equally with the City of Kalispell. The Flathead County Economic Development Authority and the City of Kalispell will share equal ownership of the land and parking lot. The Flathead County Economic Development Authority retains our right of first refusal to purchase the City's interest in the land and parking lot should they wish to sell at some point in the future. This parking lot is being constructed to provide adequate parking for TeleTech and for future tenants of the property at Gateway West Mall in which the Flathead County Economic Development Authority (PORT) owns 37% and the City of Kalispell owns 63%. Thank you for your efforts to move this project forward. Sincerely, Don Bennett Chairman Flathead County PORT Authority ri® ity Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 April 13, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval of the Amended Plat of the Northeast Portion of Gateway West Addition #34 (Parking Lot) Dear Jim: Our office has received an application from Sands Surveying on behalf of the City of Kalispell for a one lot commercial subdivision lying at the northwest corner of the Gateway West Mall parking lot. The lot contains approximately 1.795 acres and will be used for parking for the TeleTech facility. The property is zoned B-3, a Community Business District, that has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. A variety of uses are allowed in the B-3 zoning district, however, this subdivision will be used exclusively for parking and was granted an exemption from sanitation review because there will be no buildings or other structures on the lot. The property can be described as a portion of the Amended Plat of Gateway West Addition No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana. Our office waived the preliminary plat on March 24, 2004 subject to five conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Final Plat for Amended Plat of Gateway West Addition #34 April 13, 2005 Page 2 The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-04-6 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. ® This condition has been met. The final plat is in compliance with the preliminary plat which was waived. Condition No. 2. That the lot comply with the standards of the B-3 zoning district of the City of Kalispell. ® This condition has been met. The lot complies with the standards of the B-3 zoning district. Condition No. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Glenwood Drive and Two Mile Drive to City standards. ® This condition has been met. The required note has been placed on the face of the final plat. Condition No. 4. A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and can be provided to the lot. ® This condition has been adequately addressed. Since no structures will be placed on this plat, a sanitation exemption has been given and a note placed on the plat that the property will not be used for development purposes. Condition No. 5. This waiver of preliminary plat approval is valid for three years and will expire on March 24, 2007. ® This condition has been met. The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. 2 Final Plat for Amended Plat of Gateway West Addition #34 April 13, 2005 Page 3 This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-3, Community Business, zoning designation assigned to the property. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-6 as findings of fact and approve the final plat for the Amended Plat of the Northeast Portion of Gateway West Addn. #34. Please schedule this matter for the next regular city council of July 6, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda A. Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-04-6 Final plat application dated 6 / 16 / 04 Letter from TCPO for pre plat waiver dated 3 / 24 / 04 Treasurers certification dated 6/9/04 Title Report from Alliance Title dated 6 / 2 / 04 Consent to plat from Glacier Bank dated 7/6/04 Location Map C: American Capital Group, 115 S. LaCumbert Lane, Suite 302, Santa Barbara, CA 93105 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk REPORTS \ KALISPELL\04 \KWP4-6LTR2. DOC 3 NORTHEAST• • OF ) NO 31 OFFICETRI-CITY PLANNING STAFF • • • REVIEW AND FINDINGS OF •• A report to the Kalispell City Council for findings of fact for a one lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on March 24, 2004, subject to five conditions. BACKGROUND: This is a one lot commercial subdivision in a B-3, Community Business, zoning district that will provide adjunct parking to TeleTech. The property will be used exclusively for parking purposes and no structures or buildings will be placed on the lot. A. Applicant: American Capital Group 115 S. Lacumbert Lane, Suite 302 Santa Barbara, CA 93105 Technical Assistance: Sands Surveying 2 Village Loop Kalispell, MT 59901 (406) 755-6481 B. Location: The property is located at the northeast corner of the Gateway West Mall parking lot which is located at the southwest corner of Glenwood Avenue and Two Mile Drive. The parcel contains approximately 1.795 acres and can be described as a portion of Gateway West Addn. No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. C. Size: Total area: 1.795 acres D. Existing and Adjacent Land Uses: Currently this property is an undeveloped portion of the Gateway West Mall parking lot at the northeast corner of the site eloped with a single family residence on the proposed Lot 2. There is a mix of uses in the area including the post office to the east, residences to the north, offices to the west and the mall building to the south. E. Zoning: The property is zoned B-3, Community Business. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The lot exceeds the minimum lot size requirements for the district and is in compliance with the zoning. F. Relation to Growth Policy: The property is designated as Commercial in the Kalispell Growth Policy 2020. The existing B-3 zoning and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: This subdivision will not require any utilities to serve it other than the availability of water for a hydrant in case of a fire since the lot will be developed as a parking lot. Full urban services are available to the lot as referenced below. Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: "MOMMOM • City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is located nearly across the street from this property to the north. Vegetation and topography: The property is relatively level and has mature vegetation and landscape that will likely be removed at the time the property is developed as a parking lot. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals. C. Effects on the Natural Environment: The subdivision will not be required to be served by City of Kalispell water and sewer. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed due to surface run off. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will not be providing water and sewer service to the property because it will be developed as a parking lot. A sanitary exemption was taken for this subdivision and if at some point in the future the property is used for something other than a parking lot the sanitation exemption will need to be removed. City water and sewer are in close proximity to the site and would be able to serve it site if needed. ►a Access and Roads: Access to the site can be obtained directly from Glenwood Drive which lies directly to the east of this lot. It is also fronted by Two Mile Drive to the north, but access will not be taken from this road. Due to the substandard nature of these streets, a note has been placed on the plat that waives protest the creation of an SID to improve both of these roadways at some point in the future. The impacts to the Glenwood and Two Mile Drives could be substantial once TeleTech is fully staffed. There are no sidewalks adjacent to this property. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will not have impacts on the enrollment of the school district. Parks: Parkland dedication is not required for minor or commercial subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been anticipated to be developed to an urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife 3 and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the B-3, Community Business zoning district. At the time the parking lot is developed, it will be required to be developed in accordance with the Kalispell Zoning Regulations. The subdivision complies with the zoning for the property. Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-6 as findings -of -fact for the proposed subdivision and approve the final plat for the Northeast Portion of Gateway West Addn. No. 34. H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-2 East View.DOC MDC 4 Page I of 1 Narda Wilson From: Susan Moyer [smoyer@kalispell.com] Sent: Wednesday, July 14, 2004 2:57 PM To: tricitynarda@centurytel.net Subject: Acquisitiion of Land at Gatewest Mail for Additional Parking for Teletech One of the absolute requirements in negotiation with Teletech to occupy the old Stream facility was that the City provide 500 parking spaces for their employees. The property that the City of Kalispell and the Flathead Economic Development Authority own has 250 spaces that are guaranteed by American Capital to be available for parking of any tenant that occupies this site. The only way that the City/Authority could meet the 500 space requirement was to enter into a buylsell agreement with American Capital for two additional acres of land owned by AC contingent to the existing parking area to the north. The buy/sell is to be consumated within the next couple of months and the agreement with Teletech is that the parking lot is to be constructed upon notification of its need by Teletech. The City and the Authority will jointly (50/50) own the land and coinstruct the parking lot. Susan Tri-City Planning face 17 Second Street East — Suite 211 Kalispell, Montano 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 July 14, 2004 Chris Kukulski, City Manager City of Kalispell P.Q. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval of the Amended Plat of the Northeast Portion of Gateway West Addition #34 (Parking Lot) Dear Chris: Our office has received an application from Sands Surveying on behalf of the City of Kalispell for a one lot commercial subdivision lying at the northwest corner of the Gateway West Mall parking lot. The lot contains approximately 1.795 acres and will be used for parking for the Tele-Tek facility. The property is zoned B-3, a Community Business District, that has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. A variety of uses are allowed in the B-3 zoning district, however, this subdivision will be used exclusively for parking and was granted an exemption from sanitation review because there will be no buildings or other structures on the lot. The property can be described as a portion of the Amended Plat of Gateway West Addition No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana. Our office waived the preliminary plat on March 24, 2004 subject to five conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Final Plat for Amended Plat of Gateway West Addition #34 July 14, 2004 Page 2 The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-04-4 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The final plat is in compliance with the preliminary plat which was waived. Condition No. 2. That the lot comply with the standards of the B-3 zoning district of the City of Kalispell. • This condition has been met. The lot complies with the standards of the B-3 zoning district. Condition No. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Glenwood Drive and Two Mile Drive to City standards. This condition has been met. The required note has been placed on the face of the final plat. Condition No. 4. A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and can be provided to the lot. • This condition has been adequately addressed. Since no structures will be placed on this plat, a sanitation exemption has been given and a note placed on the plat that the property will not be used for development purposes. Condition No. 5. This waiver of preliminary plat approval is valid for three years and will expire -on March 24, 2007, • This condition has been met. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. Final Plat for Amended Plat of Gateway West Addition #34 July 14, 2004 Page 3 COMPLIANCE WITH THE SUBDIVISION REGULATION'S: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-3, Community Business, zoning designation assigned to the property. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-4 as findings of fact and approve the final plat for the Amended Plat of the Northeast Portion of Gateway West Addn. #34. Please schedule this matter for the next regular city council of July 6, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda A. ikon, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar l paper copy Staff Report KWP-04-4 Final plat application dated 6/ 16/04 Letter from. TCPO for pre plat waiver dated 3/24/04 Treasurers certification dated 6/9/04 Title Report from Alliance Title dated 6/2/04 Consent to plat from. Glacier Bank dated 7/6/04 Location Map C: American Capital Group, 115 S. LaCumbert Lane, Suite 302, Santa Barbara, CA 93105 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk REPORTS \ KA LiSPELL \ 04 \ KW P4-4 LTR. DOC ri-Citylayin cc 17 Second Street East - Suite 211 Kalispell, Montana 59901 March 24, 2004 Erica Wirtala Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 Phone: (406) 751-1850 Fam (406) 751-1858 tricity@centurytel.net Re: Waiver of Preliminary Plat Approval for the Amended Plat of Gateway West Addition No. 34 Parking Lot Dear Erica: This letter is in response to your request for waiver of preliminary plat approval for a one lot commercial subdivision intended for parking in the area of the northeast corner of the Gateway West Mall parking lot. The newly created lot would contain approximately 78,000 square feet and would be used for parking. The proposed lot would be located at the southwest corner of Glenwood Drive and Two Mile Drive in. Kalispell. The property is zoned B-3, Community Business, a commercial zoning district. This district has a niin.imum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. The property can be described as a portion of Lot 2 of Gateway West Addn. No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Our office can fund that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2,06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria. (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and crater are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural emdronment. Providing Community Planning Assistance To: City of Columbia Falls a City of Kalispell v City of Whitefish Waiver of Preliminary Plat Gateway West Parking Lot March 24, 2004 Page 2 Due to the relatively minor impacts that this subdivision poses, this office can grant preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That the lot comply with the standards of the B-3 zoning district of the City of Kalispell. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Glenwood Drive and Two Mile Drive to City standards. 4. A certificate of subdivision plat approval be. obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and can be provided to the lot. 5. This waiver of preliminary plat approval is valid for three years and will expire on March 24, 2007. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jentz Planning Director LETTERS \WAPlEPP\04\GATEWAYPARK NGLOT.DOC Tri-City Planning Office 17 second St East, Suite 211 Kedispell, MT 59901 Phone. (406) 751-1850 Fax: (406) 751-1858 Contact Person: Name: TOM SANDS, SANDS SURVEYINGt INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phane No,-. 755-6481 Date of Preliminary Plat Approval: Owner &, Mailing Address: iX1ai_%'CAA CAPITAL GROUP 115 S. LACUMEBERT LANE STE qQ2_ SANTA BARBARA, CA 9310S Type of Subdivision: Residential —Industrial —Commercial __PUD —Other XX No. of Lots Pro -Dosed 1 Parkland (acres) 0.0 Land in Project (ac.) 1.795 Cash -in -Lieu Exempt FILLING FEE ATTACHED $640.00 Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision uith approved preliminary plat $650 + $40jlot Subdivisions with Waiver of Preliminary Plat $600 + $401lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONB) XX Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)l) Consent(s) to Plat (Originals and notarized) XX Subdivision Improvements Agreement (Attach collateral) XX Parkland Cash -in -Lieu (Check attached) _XX Maintenance Agreement Plats: I opaque OR 2 Akvl.-vs I Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 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 afllealt.h 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 of date of the preliminary plat. 'When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff ivill 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 «rill 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 is trtac, 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 Tri-City PIanning 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 and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. r ner(s) Signature'' W tr **A digital copy of the final plat in a DraN�rmg Interchange File (DXF) format. or an AutoCAD file format, consisting of the follo-Aing lavers_ 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Eastrrient 4. Roads or rights -(if -way 5. A tie to either an existing subdivision corner or a corner of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/1/02 SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 .tune 16, 2004 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Amended Plat of Gateway (Nest Addition No. 34 Parking Lot Dear Narda: Attached please find the materials required for the review of Amended Plat of the Northeast Portion of Gateway West Addition No. 34. it was granted a Waiver of Preliminary Plat approval on March 24, 2004 and will expire on March 24, 2007, The following is the list of Conditions of Subdivision Approval and how each Condition was met 1. That the final plat is in substantial compliance with the preliminary plat that was waived. The final plat submitted is in substantial compliance with the approved preliminary plat. 2. That the lot comply with the standards of the B-3 zoning district of the City of Kalispell. This is in compliance with the B-3 zoning district standards. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Glenwood Drive and Two Mile Drive to City standards. See face of the final plat for this statement. 4, A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and can be provided to the lot. As this lot does not contain any structures utilizing water or sewer, nor is it intended to ever contain any structures, an exemption note has been placed on the face of the final plat, and DEQ review is not required. 4,{_a This waiver of preliminary plat approval is valid for three years and will expire on March 24, 2007. The preliminary }plat is fled before the expiration deadline. Thank you for your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely, Erica Wirtala Plat ROC-1 Flalhead Cotint•:,, 800 S. Mail] St. Vaiispell, MT 590-P.1 (406)758-5510 This Form is for Subdivisions & ConcInt-niniurns Only BY: F 0 1 Z: DATE 1 F A/�"La� DESCP: PURPOSE YEARS ASSESSOR ff 1999 THRU -2 03 0 L/ q 127 6z to] I I here-hy certify that there are no outstanding taxes on the proport,il assignorl the assessor numbers listed ahnvQ, for The years indic,-)rn,' F,-,r each assessor number. Deta areasurer U t --:� ti tz MnLl L CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, Glacier Bank, as the beneficiary of a Deed of Trust/Trust Indenture dated November 13, 2003 to secure an indebtedness in the principal sum of $3,580,683.79, hereby consents to the Platting of a tract of land to be known and named as "Lot 1 of the Amended Plat of the Northeast Portion Gateway West Addition, No. 3436. IN WITNESS WHEREOF. said party has caused their name to be subscribed hereto on �i/I I t this r""`_° day of „ ; 20 L r Z STATE OF MONTANA } SS COUNTY OF FLAHTEAD ) I On this ._ day of ;µI.._-PA-1" u 200z before me a Notary Public for the State of Montana, personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. 4 Notary Public f the State of Montana Residing at: My Commission Expires: 4J A UE TITLE & ESCROW C 0 RP. 501 South Main, Kalispell, Montana 59901 (406) 752-7606 To: Sands Surveying, Inc Order No.: 2 Village Loop Date: Kalispell, MT 59901 Reference: Loan No.: In connection with the above transaction, we enclose: X UPDATED CERTIFICATE OF PLAT — NEW LEGAL Thank you for giving us the opportunity of serving you. Mllaoce Title & Escrow Corp. Sherri Larson 206040932 July 2, 2004 TICOR TITLE INSURANCE COMPANY Policy No. 7403078- 1035 GUARANTEE TICOR TITLE INSIURANCE COMPANY, a California corporation, herein called the Company, guarantees 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. 1. No guarantee is givennor 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. Dated, Authorized Signatory By Attest TICOR TITLE INSURANCE COMPANY Fpresidient Secretary Reorder Form No. $993 (Reprinted IZ/00) Miscellaneous Guarantee Fwe Page For Use In Montana & Wasbington Guarantee No,: 7403078-1035 Order No.: 206040932 Liability: $1,000.00 Fee: 5150.00 Effective Date of Guarantee: June 14, 2004 at 7.30 AM The Assurances referred to on the face page hereof are. That, according to the Company's property records relative to the following described real property (but without examination of those Company records maintained and indexed by name): A Tract of land, situated, lying, and being in the :Northeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.IYI., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the northeast corner of the Plat of Gateway r4't'est Addition No. 34 (records of Flathead County, itilontana) which is a found iron pin on the R'W intersection of the south boundary line of Two Mile Drive and the West boundary of Glenwood Drive; thence along the west R/W of said Glenwood Drive South 00°47'42" West 230.00 feet to a set iron pin; thence leaving said R/W and parallel to the south boundary of said Two Mile Drive North 89°59'56" West 339.92 feet to a set iron pin; thence parallel to the west boundary of said. Glenwood Drive North 00°47'42" East 150.01 feet to a found iron pin; thence North 00°41'19" East 79.99 feet to a found iron pipe on said south RJW of Two Mile Drive; thence along said R/W South 89°59'56" East 340.07 feet to the Point of Beginning. The above described tract of land shall hereafter be known as: Amended Plat of the Northeast Portion Gateway West Addition No. 34. Title to said real property is vested in: ACG-Kalispell Investors, 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. EXCEPTIONS: 1. Taxes or 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. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property. rights or easements are expressly and specifically set forth in said description. 4. Taxes, including any assessments collected therewith, for the year 2004 which are a lien not yet payable. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: Hoken Linrude and Jessie Linrude. Purpose: right to enter upon land to repair ditches and convey water Recorded: February 25, 1949 Book 299, Page 379. of Official Records. AND Agreement Recorded: January 7, 1949 Book 302, Page 57, of Official Records Purpose: Ingress and egress for the purpose of repairing and maintaining a pipeline Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document. Recorded: February 6, 1976. Instrument No.:1188 Book 591, Page 868, of Official Records. AND AMENDMENT Recorded: February 3, 1984 Instrument No. 84-034-164 1 -0, of Official Records. Purpose: Reciprocal Easement Agreement An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: NTorthwestern Telephone Systems, ine.. Purpose: Public Utilities. Recorded: July 8, 1976, Instrument No. 7338 Book: 598 Page: 863 of Official Records. 8. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Pacific Power and Light Company, Purpose: Public Utilities. Recorded: January 17, 1985. Instrument No.: 85-017-1023-0, of Official Records AND Corrective Easement Recorded: December 19, 1986 Instrument No. 86-353-1444-0, of Official Records. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: The City of Kalispell. Purpose: Public Utilities. Recorded: February 28, 1985. Instrument No- 85-059-1420-0, of Official Records AND A..MENDME NT Recorded: July 31, 1986 Instrument No. 86-212-1329-0, of Official Records. 10. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Pacific Power and Light Company. Purpose: Public Utilities. Recorded: December 2, 1985. Instrument No.: 85-336-1418-0, of Official Records.. 1 l . An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: The City of Kalispell. Purpose: Public Utilities. Recorded: May 1, 1984. Instrument No.: 84-122-1130-0, of Official Records AND AMENDMENT Recorded: July 31, 1986 Instrument No. 86-212-1329-0, of Official Records. 12. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Recorded: September 3, 1997 Instrument No. 1997-246-0938-0, of Official Records. Purpose: Ordinance No. 1259 Approving the West Side Urban Renewal Plan for the City of Kalispell. 13. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Declaration of Restrictions and Establishment of Easements Affecting Land Recorded: March 8, 2000 Instrument No.: 2000-068-1600-0, of Official Records. 14. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Reciprocal Easement Agreement For Parking Recorded: May 5, 2000 Instrument No.: 2000-126-1350-0, of Official Records. 15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Hazardous Substances Certificate and Indemnity Agreement Recorded: November 13, 2003 Instrument No.: 2003-317-1153-0, of Official Records, 16. A survey or subdivision plat must be recorded before the Company insures any conveyance of the land described herein. 17. Easements, notes and certification, as shown on the unrecorded survey made by Sands Surveying, Inc., dated March 8, 2004 as Job No. 12511. 18. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, to be recorded with the Amended Plat of the Northeast Portion Gateway West Addition No. 34, of Official Records. 19. A Deed of TrusVTrust Indenture to secure an indebtedness in the amount show below and any other obligations secured thereby: Amount: $3,580,683,79. Trustor/Grantor: ACG-Kalispell Investors, LLC, a Montana Limited Liability Company. Trustee: Alliance Title and Escrow Company. Beneficiary: GIacier Bank. Recorded: November 13, 2003. Instrument No.: 2003-317-1152-0, of Official Records. (Includes Other Property) NOTE: The above described property appears to be in Kalispell Fire District. 3/4" PIPE R/W- Wt /8*' REBAR 89-ES 0 S U Q, Q), UPT (COS 7978) �01 his plats provided solely for the purpos olas e I sisting, -n boating Vne lamd and the Company assumes ono l�ab-156tv for variatk:ins, if aniv, with actued --u-,,vev." ALLIANC- TITLE rv-7� FND 5/8" REBAR BY.2989-ES Ij TICOR TITLE INSURANCE COMPANY Policy No. 7403078- 1035 GUARANTEE TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees 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. 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. Dated:` Authorized Signatory By Attest TICOR TITLE INSURANCE COMPANY �7President Secretary Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page For Use In Montana & Washington CERTIFICATE OF FLAT Guarantee No.: 7403078-1035 Order No.: 206040932 Liability: $1,000.00 Fee: SI50.00 Effective Date of Guarantee: June 14, 2004 at 7:30 AM The Assurances referred to on the face page hereof are; That, according to the Company's property records relative to the following described real property (but without examination of those Company records maintained and indexed by name): ,Lot I of the Amended flat of the Northeast Portion Gateway nest Addition No. 34, according to the official plat thereof, filed in Official Records of Flathead County, lE7ontatta. Title to said real property is vested in: ACG-Kalispell Investors, LLC, a INIontana Limited Liability Company Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their pri ority. EXCEPTIONS: 1. Taxes or 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. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. 4. Taxes, including any assessments collected therewith, for the year 2004 which are a lien not yet payable. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document, Granted to; Hoken Linrude and Jessie Linrude. Purpose: right to enter upon land to repair ditches and convey water Recorded: February 25, 1949 Boole 299, Page 379. of Official Records. AND Agreement Recorded: January 7, 1949 Book 302, Page 57, of Official Records Purpose: Ingress and egress for the purpose of repairing and maintaining a pipeline Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document, Recorded: February 6, 1976, Instrument No.:1188 Book 591, Page 868, of Official Records. AND AMENDMENT Recorded: February 3, 1984 Instrument No. 84-034-164 1 -0, of Official Records. Purpose, Reciprocal Easement Agreement An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Northwestern Telephone Systerns, inc.. Purpose: Public Utilities. Recorded: July 8, 1976. Instrument No. 7338 Book: 598 Page: 863 of Official Records. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Pacific Power and Light Company. Purpose: Public Utilities. Recorded: January 1.7, 1985, Instrument No.: 85-017-1023-0, of Official Records AND Corrective Easement Recorded: December 19, 1986 Instrument No. 86-353-1444-0, of Official Records. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: The City of Kalispell. Purpose: Public Utilities. Recorded: Febniary 28, 1985. Instrument No.: 85-059-1420-0, of Official Records AND AMENDMENT Recorded: July 31, 1986 Jnstrument No. 86-212-1329-0, of Official Records. 10. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Pacific Power and Light Company, Purpose: Public Utilities. Recorded: December 2, 1985. Instrument No.: 85-336-1418-0, of Official Records.. 11. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: The City of Kalispell. Purpose: Public Utilities. Recorded: May 1, 1984. frrstrument No.: 84-122-1130-0, of Official Records AND AMENDMENT Recorded: July 31, 1986 Instrurnent No. 86-212-1329-0, of Official Records. 12. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Recorded: September 3, 1997 Instrument No. 1997-246-0938-0, of Official Records. Purpose: Ordinance No. 1259 Approving the West Side Urban Renewal Plan for the City of Kalispell. 13. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Declaration of Restrictions and Establishment of Easements Affecting Land Recorded: March 8, 2000 Instrument No.: 2000-068-1600-0, of Official Records. 14. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Reciprocal Easement Agreement For Parking Recorded: May 5, 2000 Instrument No.: 2000-126-1350-0, of Official Records, 15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Hazardous Substances Certificate and Indemnity Agreement Recorded: November 13, 2003 Instrument No,: 2003-317-1153-0, of Official Records. 16. A survey or subdivision plat must be recorded before the Company insures any conveyance of the land described herein. 17. Easements, notes and certification, as shown on the unrecorded survey made by Sands Surveying, Inc., dated March 8, 2004 as Job No. 12511. 18. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, to be recorded with the Amended Plat of the Northeast Portion Gateway West Addition No. 34, of Official Records. 19. A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations secured thereby: Amount: $3,580,683.79. Trustor/Grantor: ACG-Kalispell Investors, LLC, a Montana Limited Liability Company. Trustee: Alliance Title and Escrow Company. Beneficiary: Glacier Bank. Recorded: November 13, 2003. Instrument No.: 2003-317-1152-0, of Official Records. (Includes Other Property) NOTE: The above described property appears to be in Kalispell Fire District. 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N8905956"W 339-92' (COS 7978) gyp. FNQ 5/8" REELAR BY 2989-ES