11/20/02 Hansz to Kukulski/Fire Station Pad=t 71 City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana. 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
November 20, 2002
To: Chris A. Kukulski, City Manager
Charles Harball, City Attorney
From: James C. Hansz, PE, Director of Public Works/City
Subject: Mountain View Plaza PUD, Fire Station Building ]
We have researched the MVP PUD agreement concerning the requirements for the
developer to provide the City with a 2-acre Fire Station building site within the MVP site. This
requirement is clearly and unambiguously detailed in Section 2.03, paragraph D, copy attached.
The City must agree to any changes in the pad specifications. Basic specifications of the required
site are summarized as follows:
Size: Minimum of 2 Acres, i.e. 87,120 square feet.
Dimensional Ratios: length to width shall not exceed 2:1, i.e. maximum length =
417.42 feet, minimum width = 208.71 feet.
Cross Slope: Shall not exceed 1% across the pad.
Utilities: All to be provided.
Access: Via easement, or fee interest that would be in addition to the 2 acres of
the pad.
With these very specific criteria in mind, and using the latest site map provided by
Crosswell Development, copy attached, we have analyzed the site. From this analysis we see no
way for the developer to provide a fire station building pad parcel that is in full compliance with
all the specifications from the remaining property available in these areas. Therefore, in order to
be in compliance with the requirements of the PUD agreement, we conclude that the fire station
parcel will likely have to be provided from other suitable property within the site.
memo0592002
2.03 Uses
(A) The uses allowed within the PUD shall be those uses
generally allowed under the B-2 zoning pursuant to the
Kalispell City Zoning Regulations except that casinos, as
defined by the Kalispell City Zoning Regulations as they
now exist or are later amended, and those other uses
which require areas for display of large merchandise such
as new and used automobile sales, manufactured home
sales, recreational vehicle sales and alike are
prohibited. It is understood, however, that this
prohibition does not preclude incidental activities in
events associated with other authorized uses occurring
upon the site.
(B) Crosswell Development LLC agrees that building design and
construction upon the Subject Property shall conform to
the relevant Building Department regulations governing
commercial construction.
(C) Crosswell Development LLC agrees that the development
shall be comprised of buildings with a consistent
architectural theme, lodge or chalet, as initially
determined by Crosswell Development LLC and similar to
that shown on the exhibit to the proposed covenants, said
covenants being Exhibit "F", attached hereto. A list of
materials and exterior building treatments is attached
hereto as Exhibit "E", which list shall be an exclusive
list of materials and exterior building treatments to be
used within the development. This list shall be included
in the Covenants to be filed upon the development.
-> (D) Crosswell Development LLC shall provide CITY with a fire
station pad. The pad shall be a minimum of two acres in
size with not more than one percent grade change
throughout the pad. The ratio of length to the width of
the proposed pad site shall not exceed 2:1 without prior
consultation with and agreement of CITY. Utilities shall
be extended to the pad so that it is ready for future
development by the CITY. Crosswell Development LLC shall,
at the time of granting the pad, provide easements for
access with such access, including, if Crosswell
Development LLC so decides, in Crosswell Development
LLC`s sole discretion, fee interest subject to easements
in favor of Crosswell Development LLC in all or a portion
FINAL Agr.wpd 8
of the necessary access. Should such fee interest be
granted, it shall not be considered part of the pad but
shall be considered additional land granted to CITY. This
provision is not to be considered an extraction but was
rather negotiated and added to the conditions of approval
as part of Crosswell Development LLC's desire to
participate in and provide for the future needs of CITY.
2.04 Ownership
Crosswell Development LLC represents, and it is agreed between
the parties, that the Property and buildings constructed
thereon may be conveyed, with ownership transferred by
Crosswell Development LLC. It is anticipated that ownership of
a portion of the property may remain in Crosswell Development
LLC, which will enter into leases with the occupants of the
buildings constructed thereon. This provision is specifically
subject to Section 6.06, below.
2.05 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this
Agreement and attached drawings, the PUD Application of
Crosswell Development LLC, as amended and approved in the FRDO
Staff Report #KPUD 00-1, and the City -County Planning Board
meeting on January 9, 2001 as amended by the conditions of
approval provided by the Kalispell City Council on February
20, 2001, the laws, rules, and regulations of the City of
Kalispell governing the use and development of land and
buildings, including the Kalispell Zoning Ordinance as it now
exists or as amended, shall apply to the Subject Property.
2.06 Effectiveness
The provisions of this Agreement shall become effective
simultaneously with the approval of the PUD Ordinance.
2.07 Certification Procedure
Whenever under this Development Agreement a certificate by the
Director of Public Works is required to be given, such
certificate shall be given after the receipt of a completed
application therefor and approved by the Director. Such an
application shall be deemed completed upon receipt of such
drawings and narrative information as are reasonably necessary
FINAL Agr.wpd 9
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SITE DATA
442.233 TOTAL BUILDING AREA
Z788 AVAILABLE PARKING SPACES
6.3 SPACES/1000 SF OVERALL
72.835 SF IN PAD BUILDINGS
717 AVAILABLE PARKING SPACES
(9.09 SPACES PER 1000 SF)
MAJOR
50.000 SF
BORDER -
MOW SF
Ti MA=
25.000 SF
R4ffi
X187 SF
125.400 S.F.
prelimincr concept plan
Kalispe , Montana
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MOLTNT,AJNVIEW
DEVELOPMENT