Staff Report/Preliminary PlatFlathead el® a Development Ice
723 5th Avenue East - Room 414
Kalispell, Montana 59901
June 9, 1998
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Phone: (406) 758-5980
Fax: (406) 758-5781
Re: Preliminary Plat Approval for Southfield Park (Haven Field) Subdivision
Dear Glen:
Attached with this letter you will find staff report KSR-98-2 for Southfield Park
subdivision, a five lot commercial subdivision on the Haven Field site. Please
schedule this subdivision for review by the Kalispell City Council at their regular
meeting of June 15, 1998.
If you have any questions regarding this preliminary plat, call me at (406) 758-5980.
Sincerely,
Narda Wilson
Senior Planner
Attachments: Staff Report #KSR-98-2
Preliminary Plats
c/w att: Richard A. Dasen, Sr., 400 West Valley Drive, Kalispell, MT 59901
Jackola Engineering, 317 First Avenue East, Kalispell, MT 59901
H: \FRDO \LETTERS \ 1998 \KSR98-2
Providing Community Planning Assistance To:
Flathead County • City of Columbia Falls • City of Kalispell e City of Whitefish •
SOUTHFIELD PARK SUBDIVISION
LATHEAD REGIONAL DEVELOPMENT OFFICE
SUBDIVISION REPORT #KSR-98-2
MAY • 1998
A report to the Kalispell City Council regarding a request for preliminary plat approval of
a five lot commercial subdivision in a B-2, General Business, zoning district.
BACKGROUND
A. Owner/Applicant: Richard A. Dasen, Sr.
400 West Valley Drive
Kalispell, MT 59901
(406)752-8490
Technical Assistance: Jackola Engineering
317 First Avenue East
Kalispell, MT 59901
(406)755-3208
B. Location: The property proposed for subdivision is commonly known as "Haven
Field" and is located on the southeast corner of Highway 93 South and 18th
Street East. The property can be described as Assessor's Tract 8AD located in
Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Size: Total area:
4.410 acres
Lot 1:
1.184 acres
Lot 2:
0.651 acres
Lot 3:
0.696 acres
Lot 4:
0.870 acres
Lot 5:
1.009 acres
D. Nature of the Request: The applicants purchased this property from the City of
Kalispell which was sold for the purpose of commercial development and to
further the goals and objectives of the Airport Urban Renewal Plan. The money
received from the sale of this property is part of the financing mechanisms
outlined this plan for improvements to the City airport and to help finance the
relocation of the youth ballfields. The applicants would like to subdivide the
property into five lots which would be marketed and sold to independent parties.
Part of the consummation of the purchase of this property involved the execution
of a development agreement between the City and the developer (applicant).
Part of the terms of the development agreement with the City are that the
developer will construct over six million dollars ($6,229,700.) worth of
improvements on the property by January 1, 1999 or to pay the ad valorem taxes
on the agreed upon improvements of approximately $124,000. If only a portion
of the development has been completed, then the developer has agreed to pay the
City any difference between the amount of taxes actually generated by the project
and ad valorem amount. Attached with this staff report is a copy of the
development agreement executed between the developer and the City dated
February 11, 1998. The closing on the property took place in the summer of
1997. However, because of certain details contained in the development
agreement, its execution was delayed until the 1998 date.
It was the City's intent when executing that the development agreement with the
developer that there would be limits on the transfer of this property to third
parties. There is a provision in the agreement that the property cannot be
transferred without the prior written approval of the City. Further, that the City
shall be entitled to require that the proposed transferee have the qualifications
and financial responsibility to reasonably ensure that the obligations outlined in
the agreement can be met. The development agreement holds the developer
responsible for the payment in lieu of taxes and this obligation cannot be
transferred to a third party. This information is being provided in the staff report
simply to bring these issues to the fore, and is not intended to imply that it is the
developer's intent to circumvent any of the provisions of the agreement either in
spirit or in substance. It should also be noted that it is necessary for the
developer to subdivide the property in order that a lender may encumber a
portion of the property rather than the entire parcel.
As part of the overall development design, it is intended to allow shared access
and parking within the site which will be provide through cross easement
agreements so that the project functions as an integrated whole. Furthermore,
covenants for the development would require architecturally compatible
buildings and design as well as an overall sign plan for the development.
Covenants have not been submitted with the plat.
E. Existing Land Use: This property can be considered to be essentially
undeveloped. In the past it was used for ballfields for youth athletics. These
ballfields are in the process of being relocated to the new youth athletic complex
and most of the equipment and fencing have been removed. In the interim the
site has been used for the storage of some large fuel tanks. Technically, this use
does not comply with the B-2, general business, zoning associated with this
parcel and the tanks should be removed.
F. Adjacent Land Uses and Zoning: This area of Kalispell can be described as
general commercial in nature with a mix of retail, office, restaurants and hotels
in the immediate area as well as the Lions Park to the south and the City airport
to the west.
North: Gas station, convenience store and restaurants, B-2 zoning
East: City Service fuel facilities and offices, I-1 zoning
South: Lion Park and offices, B-2 zoning
West: Restaurant, hotel and casino, B-2 zoning
Zoning: The zoning for this property is B-2, a General Business zoning district.
The minimum lot size requirement for this district is 7,000 square feet. All of the
lots within the proposed subdivision exceed this minimum lot size and area
intended for uses which are consistent with the general business zoning.
Relation to Master Plan Map: This property lies within the Kalispell City -
County Planning jurisdiction and is designated on the master plan land use map
as commercial. Additionally, this property is part of the Airport Urban Renewal
Plan area which is intended to stimulate development and redevelopment of
property in the area to facilitate improvements to the City airport. This
subdivision is in compliance the master plan and urban renewal plan for the
area.
Utilities: This development will be served by full City services.
Water:
City of Kalispell
Sewer:
City of Kalispell
Electricity:
Pacific Power and Light (underground)
Telephone:
PTI Communications (underground)
Solid Waste:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5, Russell School
Police.
City of Kalispell
This application is reviewed as a minor subdivision in accordance with State statutory
review criteria and the Kalispell Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The risk of fire in this subdivision can be considered generally low because
this is an urban area, has good access, will have fire hydrants located within the
subdivision and the types of uses would not proposed for the site do not present
any significant threat of fire.
Topography: The topography of the site is generally level. Development of the
site will give adequate consideration of drainage and vegetation of the setback
areas which will provide some on -site retention and absorption areas. Storm
sewer improvements will be made as part of the Highway 93 upgrade scheduled
for spring 2000 and they will be utilized to provide for stormwater drainage.
Roads: Primary access to the site will be from an existing access off of U.S.
Highway 93. An internal 25 foot roadway easement is indicated on the plat
which will provide a means of common access within the site. Limiting the
access to a single access onto Highway 93 reduces the potential for traffic
conflicts. The Montana Department of Transportation will require the developer
to obtain a new approach permit at the time of development. According to MDOT
the location and width of the proposed approach complies with the design plans
for Highway 93 and will not require significant modifications. Improvements to
Highway 93 are scheduled for spring of 2000.
Additionally, there are accesses to the site from 18+h Street East and Third
Avenue East. Approaches onto these streets will also be limited to a single
access as indicated on the plat. Development of these approaches will require
review and approval by the Kalispell Public Works Department. Limiting the
number of accesses onto these streets reduces the potential safety hazards and
traffic conflicts associated with large volumes of traffic moving in and out of a
commercial complex of this nature.
Minimal impacts to wildlife and wildlife habitat can be anticipated as a result of
this subdivision. The properties lie within the urban boundaries of Kalispell and
it is anticipated that this area will continue to experience significant growth.
C. Effects on the Natural Environment:
Potential storm water runoff could present significant problems if not adequately
addressed. The developer will need to demonstrate to the Kalispell Public Works
Department that stormwater issues have been adequately addressed through
connection with the City's stormdrain system or through on -site retention or s
combination of both.
D. Effects on Local Services:
Sewer: Sewer service will be provided by the City of Kalispell. The developer will
have to extend the necessary lines as required by the Kalispell Public Works
Department. It is anticipated that only service lines will be required and sewer
hook up fees will be assessed at the time of connection. There is adequate
capacity with the Kalispell sewage treatment system to accommodate the
additional needs created by this subdivision.
Water: The City of Kalispell will provide water service to the lots in accordance
with the design specifications of the City of Kalispell. Water hook-up fees will be
assessed at the time of connection. There is adequate capacity within the
Kalispell water system to accommodate this proposed subdivision. A main
extension into the site will be required to create the necessary fire flows for
hydrants within the development.
Schools: This subdivision is within the boundaries of School District #5,
however, no impacts to the school system can be anticipated as a result of this
development because of its commercial nature.
rd
Parks: Lions Park lies directly to the south of this subdivision. A boundary line
adjustment was done to create a 0.18 acre parcel adjoining this subdivision to
the south. This small parcel is actually the parking area for Lions Park and it is
the intent of the developer to keep this open for public access and to facilitate the
use of the park.
Police Protection: The site is served by the Kalispell Police Department. There
would be limited impacts on the police department and adequate service can be
provided. However, as the City grows there are cumulative impacts on the
department which need to be considered.
Fire Protection: This property is served by the City of Kalispell Fire Department.
Fire hydrants will be placed within the subdivision as part of the subdivision
approval process. The department will be able to adequate service this
development, however, there a have been cumulative effects on the department
as a result of the commercial and residential development in the city.
Refuse Disposal: Once the property is developed, the City of Kalispell will
provide solid waste disposal to the site. Adequate space at the County landfill is
available for the solid waste which will be generated by the subdivision.
Medical Services: Kalispell Regional Hospital is approximately three and a half
miles from the site. Kalispell ambulance service as well as ALERT are able to
provide service to this area. Access to the site is good.
E. Effects on Agriculture and Agricultural Water Users Facilities:
Commercial development is anticipated in this area. Because this is in an
established urban area, no impacts to agriculture or agricultural water users
facility are anticipated as a result of this subdivision.
F. Compliance with Master Plan
The Kalispell City -County Master Plan Map designates this area as Commercial.
The proposed subdivision complies with this land use designation. Additionally,
this development is taking place within an established commercial area and
meets the goals and objectives of the master plan by providing infill and
expansion of the existing commercial core. This subdivision is also located
within the Airport Urban Renewal Plan area, an area intended for development
and redevelopment of commercial, residential and industrial uses to a more
intensive land use than that which currently exists. The redevelopment of this
site will further the goals and objectives of the master plan with regard to
commercial development as well as the goals and objectives of the urban renewal
plan for redevelopment of existing properties to a more intensive use.
G. Compliance with Zoning Regulations
This property is zoned B-2, General Business, a district that requires a minimum
of 7,000 square foot for newly created lots. This district provides for a broad
range of general commercial uses including retail sales, restaurants, hotels and
motels, auto dealerships, professional and government offices as well as any
number of other general uses. This subdivision complies with the Kalispell
Zoning Ordinance both in the development standards and the uses intended for
the site.
H. Compliance with the Subdivision Regulations
The preliminary plat is in substantial compliance with the State and City
Subdivision Regulations.
I o plo imI') wag iil� J
The Flathead Regional Development Office would recommend that Kalispell City Council
adopt the Staff Report #KSR 98-2 as findings of fact and grant preliminary plat approval
for this subdivision subject to the following conditions:
That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots and
accesses.
2. That the Certificate of Subdivision Approval be obtained from the Department of
Environmental Quality for water and sewer service to the lots.
3. That a letter from the Kalispell Public Works Department shall be obtained which
states that the proposed plans and specifications all improvements including
pavement, curbs, gutters, sidewalks, landscaping and drainage systems have
been reviewed and approved in accordance with Kalispell's Design and
Construction Standards and have been constructed accordingly.
4. That an approach permit for the access onto Highway 93 be obtained from the
Montana Department of Transportation and that the terms and conditions of the
permit be met.
5. That an approach permit for access onto 18th Street East and Third Avenue East
be obtained from the Kalispell Public Works Department and that the terms and
conditions of the permit be met.
6. That a cross easement agreement be filed with the final plat or made as a note of
the face of the final plat granting access to all lots within the subdivision by way
of the internal road and utility easements shown on the plat.
7. That covenants be filed with the final plat which ensures architectural compatibility
among the development with regard to architectural design of the buildings, signs,
color, materials, height and size.
8. That the number and location of fire hydrants within the subdivisions be reviewed
and approved by the Kalispell Fire Chief.
9. That the preliminary plat shall be valid for a period of three years from the date of
approval.
7
f • ' � � • . 1. I'#
This application shall be submitted, along with all information required by the applicable
Subdivision on Subdivision and Platting Ac% and the
appropriate fee to:
Flathead Regional Development Office, 723 Fifth Avonne Raxt, Room 414
Kell poll, Montana 59901 • one: (4061758-5980 Fa= 140617MS781
1
fewer
(5 or fewer lots - land is not subdivided
Mobile•.• :. Campgrounds i10/space
or ••: c • is not•.. • •
Amended u _ 1,1
• �'P I Lei• -
Name Richard A. Dasen,`Sr Phone 752-8490
Mailing City/ State &
Address: 400 West Valley, Dr. Zip Kalispell
APPLICATION
Name &
F. R. D. 0.
City/County Kalispell., Flathead
Street Address Highway 93 South
Assessor's Tract No.(s) Survey 01 21 4 n Lot No.(s) Parcel 2
NW 1 /4 Section _ 2 0 Township 2 8N Range 21 w
GENERAL DESCRIPTION OF SUBDIVISION: old Haven ball fields
Number of Lots or Rental Spaces 5 Total Acreage in Subdivision 4.41 +/-
Total Acreage in Lots Minimum Size of Lots or Spaces 0.65+/-
Total Acreage in Streets or Roads Maximum Size of Lots or Spaces 1 .18+/-
Total Acreage in Parks, Open Spaces and/or Common Areas 0
IA:Aaim
f"
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations or Master Plan?
4. Are there special circumstances related to the physical characteristics of the
site (topography, shape, etc.) that create the hardship?
S. What other conditions are unique to this property that create the need for a
variance?
3
January i, 19"
Mr. Tom Jentz
FRDO
723 5" Ave. E. Room 414
Kalispell, Mt. 59901
Re: Request for waiver of Preliminary Plat Requitement on Haven Field.
Dear Tom.
We respectfully request waiver of the Preliminary Plat Requirement on the Haven Field Subdivision.
We thank you for your consideration.
S' ly,
or . i .cJackola Engineering oC .
Owners esen tive.
Cc. Outlaw hmiCity Service
Wailing Address: P.O. Box 1134. Kalispell. MT 59903 Location: 317 1st Avenue East phone (406) 755.3208 fax t406) 755-3218
DAY & DATE %J��� TiME
Zkb—
SURVEYORIENGINEER
TYPE OF • .
OTHER PERSONS PRESENT
ITEMS FOR DISCUSSION
1. General Subdivision Process
2. Proposed land Use & Zoning
3. Review of proposed Plat & Site Plan:
a. Number of Lots_
b. Size of Lots
C. Location of Easements
d. water/Sewer System
e. Topography & Storm Drainage
f. Tract & lot Boundaries
g.Ingress & Egress
6.
h. Park & Open space
I
i
!A
I. Existing Structures/Improvements 'AA(C1 _ '
j. Proposed StructuresAmprovements
k. Environmental Assessment Required?
Conformity to Comprehensive Plan v
if Master Plan is Required
Design & Improvement Standards 4 514
T .J
,6--- /
H'+FRDO\FRDO�PORMS'PREAPP.FRM 5f20/96 //
)IPPLICATION FORSUBDIVISION
Tbis app ea shall be submitted, along with all Inroras►tion required by the applicable Subdivision RasuiatLocsl e d I
Montam Subdivision and Plaiting Ant- and the appropriate The to:
Fhatbead R®ytonal Developrae nt CMc% 723 PUtb Avenue Bast, Room 414
X.ellapell, Montana SMI - Telephone (406) 759-5780
-'MDr%11S1014NAM8: Haven Field Subdivision `
JIVINBRM OF COPM'
war**outlaw Inn/Dick Dasen 755-6864
AAdrew1701 Highway 93 S., •Kalispell, MT �u Code
P
BRSON(8) AtrMORIZOD to represent the subdivision and to whom • 1 coneapoodence le to be seoh .
NanYe ' Jackola Engineering Co. phOte •755-3208
A atbrat P.O. ' Box 1 134 ktzj®® Kalispell., MT Sqq
-ElC 2CAIJPROP888IOWAL PARTICWANTB (8 urveryor/Dosisner/Sngirwer, do.):
Narn*&Addrew _Jackola Engineering Co., Box 1134, Kalispell, MT 5a903
Nama&Address _City Service, Inc./Matt Waatti, Box 1, Kalispell, MT 59904
Name to Address
20AI. DE9CV -tMON OF PROPERTY:
C it / Assessor's Survey # 12
covet, Kalispell/Flathead TrentNo(r)
Scrod
Add rees Hi hwa 93 South Nam,) -Parcel 2
1/4 NE 1 4NE 1 4 & N
S -A]CWI :2Q Townsbip 28 Range 21
M4MRAL13179CRIPTION OF PROPOSED SUM DrViSION: The old Haven Field
... :umber of Lou or Rental Spaoes 5 ToW Acreage in Subdivision
otal Acreage to Lots Minimum Biagi or Lots or Spa.ws
otal Acr+easo in SGeots or Ronda Yvlanimum Stu or Lots or Spans
Total Aorovgo in Parks, Open Spsco and/or Common Areas
ROPOSED USBM AND NUMBER OF ASSOCLATBD LOTS/SPACEB:
.nett Pamlly Townhouso
'uplex Mobile Homo Pruk
lull! -Family: Reorenttonal Vehiole Park
partment Commcrdal 5
laruaod Unit Dev lop®mt Imustrlal
and orninlum O tbcr
PPLICADLBWNTINGDESIGNATION&DISTRICT 3-2 City
SUIMATB OF MARXET VALUE DEFORB rMPROVBMBNTB
APROVBMB14'T8 TO BB PROVIDED:
ondst Gravci X Pavod X Curb—X putter X Sidawalka Anoys Oibcr
later System: Individual Muldplo User Neigbborbood X public Other
:vtv System: Individual MWUplo User Nelshborbood X PubUo Other
then UUliUw: X Cable TV X Telephone X Bleclrio x pas x Other
aUd Waste Home pl..k-up central storage X (bntraot Hauler owno Haul
[all DoSvory: Central _ W Individual school DlAA v 45
ire Proterxlon: Hydrants Tanks Roobarge Fire Dlstrlot:_ Kalispell
r.aln.soSystarn, Storm drainage connected to City/Highway upgrades
tOPOSBDI3ROSION/seDIMBNTATIONOON—rRol. municipal storm drains
4.6.1
0
T148 211AARDIS IIP THAT WOULD BS CPJBATSD WrM STRICT CONOLIANCE OF
j RBOUI.ATTDNB:
PROPOSED ALTERNATIVB(9) TO STRICT CoMPLIANCS WITFd ABOVE RSOtn ATION&
PLl "B ANSWOR THS FOLLOWINO QUESTIONS IN THS SPACSS PROVIOSD BELOWt
1. WUI the 8aating or the variance be delrimmW to the public health, saibty or genval vmWam or Injurious to
other adlolcift propertle+T
2. Will the V riatsw ctuso a aubrtanllal in-- In public costa?
3. Will the variance AIToot, In any manner, the praviatons o(auy Adopted zoning roguiaUona or Master Platt?
4. Are tbao apeOl l clrotmtslanooa related to the pbydcal charnotorlstios or the silo (topography, shApo, oto.) that
create the hwrdshlp7
S. Wbat cubs conditions are unique to this property that omate the ncod for a varianoe7
LIST OP NIAT8FLUlLS SIJDNM= WTTH *MIS APPLICATION2
w. e.
b. f.
e. g•
d. h.
I bereby oer-d y under penalty or perjury and the laws or the State of, Montana that ibo information submitted berelo, on all
olhb eatbmltted forms, domtmants, plans or any other Information nib —It" as part oC tbtls attpUcadon, to be true, octopi.(.,
and aoea rate to the beat ormy knowiodga. Should any Inforn,ALLon or rcprco cntAtton rubmblted in oonneelion with this
APPUo+at.lon be untrue, I undcrstAnd that any Approval based thereon mny bo resoinded. And other appropriate action taken. j
Tho slanina or this applloatbon signifies approval Cot F.iLD.O. staff to be present on the property for routine monitoring and
lnrpeoiion duringtho Approval and development prooces.
ifeD.�y8
ppuotnt�
td`t •0'
a
Thurklay, July ,
1997
1 ®® PECDD Conference Room
ATTENDING:
• Clark, Police Chief
Gallagher,,Larry i Director
Jim Hansz,, Public Works Director
• 9 9 1 Ly,
Ross Plambeck, Chairman
Ted Waggetw,, Fire Chief
•. • it
i-•• ••• "Sq!
1. Subdivision of HavenFjekL Diana and Narda met with Outlaw Inn representatives
regarding subdivision of Haven Field. Under the Development Agreement, no portion of the
property can be sold until the entire parcel is developed. If subdivision is requested,
conditions and covenants can be required for cross -easements, architectural compatibility, and
common landscape themes to help facilitate the individual development.
. Glacier Tennis Facility. A meeting with City staff and Glacier Tennis Facility
representatives has been scheduled for Friday, July 11, 1997. The purpose of the meeting is
to discuss the conditions of the CUP and whether the current plans meet the requirements set
forth in the CUP. The SDRC discussed Condition No. 9 which states: "That the building
should be constructed with an exterior finish similar to that of the Summit Complex and there
shall be adequate landscaping along Windward Way and Sunnyview Drive." SDRC members
agreed that the proposed plans do not meet requirements in Condition No. 9 which states that
the exterior finish of the building be similar to that of the Summit. Ross will prepare a Memo
to Clarence with the SDRC's recommendation.
3. Closure of 2'°d Ave W.N. from Montana Street to the Railroad Tracks. In the
Development Agreement between the Kalispell Center Limited Partnership and Equity Supply,
it calls for the abandonment of 2'a Ave W.N. from Montana Street to the railroad tracks. The
City has received a request to close, abandon and vacate this portion of 2"d Ave W.N. with the
understanding the City will maintain any and all necessary utility easements. Public Works
requires a 20' easement over any existing water, sewer, or storm drain, line. When a street is
abandoned it goes to the owners on both sides of the street. Equity owns all of the property
on both sides of this section of 2"d Ave W.N.
. Buffalo Stage - Phase Ill. The CUP for Buffalo Stage includes a requirements that Bruyer
Way be relocated when Phase III is started so that access to the lots that run along Whitefish
Stage Road will be off of Bruyer Way. Narda has received a request from Tom Sands that the
road plan be left the way it is with access to these lots directly off of Whitefish Stage Road.
Condition #17 of the Preliminary Plat, dated May 13, 1992, states "That Bruyer Way be
extended eastward to follow the easterly lines of lots 78-82 and lots 127-129. This roadway
S. Distribution of Signe, Documents. • -e members stated that they•,
copiesreceiving signed copies of documents from the City Council. Applicants are also not beirr.1
sent •approved -r .. t.
SITE DEVeLOPMENT REVIEW COMMITTEE
10:00 r r Room
F E 01 rfiic
Larry Gabgher, PECOD Director Ross Plambeck. Chairman
Paul Hahn, Poke DepartmentTed Waggoner, Fve Chief
Jim Hanax Public Woft Director John VWson, Assistant City Engineer
Diana Harrison, Zoning Administrator Narda Wilson,
Craig, Building Offidall Debbie VVoodham, PECDD Secrelary
The comrnittee reviewed, discussed, and recommended the
Mone Change- MeridianMile. The property ' located the northwest corner of
Meridian and 2 Mile Drive. The North Meridian Neighborhood Plan designates the east 2/3
of this property as BI and the western 1/3 as high density residential. The zone change
request is forthe eastern 2/3 of the property to change it from B1 to B3. it was suggested
that parking be limited only to the area being rezoned and sidewalks be put in along
Glenwood and 2 Mile. When plans are submitted for development of the property, they must
include engineered drainage plans.
2. Whitefish Stage Professional Park - Phase I Final Plat Final plat cannot be approved
until the following have been -completed: The parking lot and driveway must be up to final
grade ready for paving for emergency access vehicles and the fire hydrants must be installed
as the buildings will not be sprinkled. There must be a 10' reservation of ROW for future
expansion of VVhftefish Stage Road.
3. Buffalo Stage Phase I - Preliminary Plat 12 lots originally designated for townhouse
units are being replatted for single family homes. RA1 zoning requires 60' minimum lot
widths. Lots 15, 16, 17 and 18 don't meet this minimum. Developer has submitted a
variance request. Committee members would be supportive of the variance request. In the
final plat, it must affirm that the utility easements are firmly in effect.
. Tire Rama -1' Ave East & Hwy 93 South. The owner of the Tire Rama property
located at 1t Ave East and Hwy 93 South has submitted a preliminary plat for a two lot
subdivision of the property. The property is zoned 132 which requires a 60' minimum lot
width. The subdivision only gives a 20' wide lot on 1" Ave East. The committee reviewed the
request and determined there were no physical constraints and were going to look at a
favorable interpretation of the zoning ordinance to permit the subdivision. Fire access is o.k.
An extension on the utilities may be required. A road and utility easement onto 1st Ave East
will be required.
S. Haven Field Development The developer for Haven Field has brought in new site
plans. It shows a bidg with 28,700 sq ft of retail with an additional potential of 12,000 sq ft of
office space to be located on the second floor. There are two other buildings shown on the
site plans. These plans are completely different from the plans submitted with the offer to
purchase Haven Field by the Outlaw Inn. The plans need to show access points on the east
side of Td Ave East and the realignment of 18'Street East. Elevations must be shown. The
plans also need to show the design of the reconstruction of Hwy 93 South. The developer
is • a •: a;-
_ • r-
0771111111r
--between me street and Me
area. It appears there is adequate parking for the amount of sq footage stated on the plans.
6. Hwy 93 South Reconstruction Update. City staff attended a meeting with MDOT on
Monday, September 8, 1997, regarding the Hwy 93 South reconstruction. MDOT told this
City that they would have lo pay for the signalized intersection at VdAve East and Hwy 93
South. The cost to the city imll be approximately $80,000. MDOT will provide underground
electrical connections and other infrastructure required for the traffic signal. A discussion
was also held regarding the bike path running along Hwy 93 South. The plans are calling for
a bike path on one side of the road and a sidewalk on the other side down to 4 Comers.
From 4 Comers to Ashley Creek there will be a striped bike path section on the side of the
7. Daley Field Proposals. The Kalispell Development Corporation and staff are making a
recommendation to the City Council to accept the proposal submitted by Rosauers
Supermarkets Inc. for the Daley Field site. Their offer is for approximately 5-112 acres. The
remaining parcels • and • of e Rosauers site will be sold either togethero.
repairseparately as two individual parcels.
8. City Service Center. The developer has applied for a building permit for Phase 11. The
site plans submitted are not the ones approved with the CUP. The approved plans showed
curbing and driveways along TdAve East as well as a landscaping blvd. 15 parking spaces
are required on the CUP. The canopy on the north side must be extended over the sidewalk
to the curb. Parking spaces that conflict with the canopy must be relocated.
9. Northwest Drywall. John Wilson researched USC standards and found that Northwest
Drywall is not required to install a backflow preventer in every dry system. They do need to
OS&Y valueson - fire system. The fire system must meet standard
Irjl1
Clarence Krepps. City Manager Ross Pkmbeck, Chairman
Larry Gallagher, PECDD Director Ted Waggener, Fire Chief
Jim Hansz, Public Works Director Narda Wilson, FRDO
Diana Harrism, Zoning Administrator Debbie Woodham, PECDD
Craig Kerzrnan, Building Official
The committee reviewed, discussed, and recommended the following:
1. Proposed Barber Shop - V Ave West between Wheaton' a andHearing i
Shop. A barber shop has been proposed for the 25' lot between aton's and the Hearing
Aid Shop on 1" Ave West. The property is in a B4 zone which has no setback requirements.
It is located in the Downtown Parking District. Parking requirements are 1 space per 400 sq
ft of gross floor area. The proposed building would be 1560 sq ft with an apartment above.
A total of 6 parking spaces would be required. The 25' lot proposed for the barber shop is
not large enough to meet the parking requirements. The owners of eaton's and the -
Hearing Aid Shop are willing to grant across -easement agreement for parking on their
property to the rear (west) of their businesses. Sind eaton's and the Hearing Aid Shop
were existing businesses when the Downtown Parking District was established, they are
exempt from parking requirements. However, committee members are not sure 'whether
businesses in the Downtown Parking District are permitted to give away or allow someone
else to use the parking they do have when they themselves do not meet the parking
requirements. Glen will be asked to give an opinion. Diana will let the proposed owner know
that the committee is waiting for an opinion from Glen. She will also give him information
regarding requesting a variance.
. Site Review Procedures. A discussion was held regarding Clarence's Memo to the City
Council regarding Site Review Procedures. All complete plans received by the City by
10:00 a.m. on Monday morning will be presented at the Site Review Meeting that week.
There is also an option for developers to schedule a pre -development meeting or attend the
Site Review Meeting when their project is discussed. Committee members agreed that it
would be helpful to have an informational letter prepared to send out and give to developers
and contractors who are submitting plans for review. Diana will prepare a checklist for plans
to be presented to the Site Review Committee.
3. Daley Field Utilities. As a follow up to the discussion at the last Site Review Meeting
regarding the City installing the utilities on Daley Field, Committee members agreed it was
important to have written confirmation of Rosauer's position on the utilities. Larry will speak
with Jerry Hagood. Lary was reminded to tell Mr. Hagood that if Rosauer's decides to install
the utilities, they must pay Davis Bacon wages.
t. 1 • •i •
•.
Two
February 19, 1998
Form No. 1342 (1982)
ALTA Plain Language commitment
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to
show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against
certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land
title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY 1
SCHEDULE A
1. Commitment Date 2
2. Policies to be Issued, Amounts and Proposed Insureds 2
3. Interest in the Land and Owner 2
4. Description of the Land 2
SCHEDULE B-1 — Requirements 3
SCHEDULE B-2 — Exceptions 4
CONDITIONS other side of 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment, please contact the issuing office.
Form No. 1343 (1982)
ALTA Plain Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Ylitle Insurance Company
ST AiNEQ Citizen's Title&EscrowCompany,Ina
4�a C�� 704 South Main
Kalispell, MT 59903-1310
(406) 752-5388
Agent for:
First American Title Insurance Company
AGREEMENT TO ISSUE POLICY
We agree to issue a policy to you according to the terms of this Commitment. When we show the policy
amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com-
mitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment
Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the
Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions on the other side of this page 1
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
First American Title Insurance Company
BYY&Lj_)�f)PRESIDENT
A4ST n , ` ,t% SECRETARY
B dCOUNTERSIGNED
v
Direct Inquiries To: JJ
1. Commitment Date: July 7, 1997 at 8:00 A.M. . Commitment No: CT-50090
2. Policy or Policies to be issued:
® (a) Owner's Policy Form No. 1402.92 (10-17-92)
Proposed Insured:
Richard A. Dasen, Sr.
❑ (b) Loan Policy Form No. 1-1056.92 (10-17-92)
Proposed Insured:
❑ (c) Purchaser's Policy Form No. 1402.92 (10-17-92)
Proposed Insured:
Policy Amount
$738,700.00
Premium $ 1, 871.00
Premium $
3. Fee Simple interest in the land described in this Commitment is owned, at the
Commitment Date, by
The City of Kalispell
4. The land referred to in this Commitment is described as follows:
See Attached Schedule C
No CT'50090
The following requirements must bemet:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage Unbeinsured.
(b) Pay uathe premiums, fees and charges 6r
the policy.
(o) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded:
(d) You must tell uoinwriting the name ofanyone not referred 0ointhis Commitment who will get aninterest in the
land orwho will make aloan unthe land VVemay then make additional requirements orexceptions.
(e) Releaoe(s)orR of item(s)
(f) Other
(g) You must give uothe following information:
1. Any off record leases, surveys, etc.
2. Statexnenos)ofidentity, all parties.
No CT'50090
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
PART
1. Taxes urassessments which are not shown as existing liens bythe records of any taxing authority that
levies taxes orassessments on real property orbythe public records.
2. Any facts, hghta, interests or claims which are not shown by the public records but which nnukJ be ascertained
by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Dixorepancieo, conflicts in boundary Unea, shortage inarea, encroachments orany other facts which ocorreot
survey would disclose, and which are not shown bythe public records.
S. Unpatentsd mining claims: reservations orexceptions in patents orin onta authorizing the issuance thereof:
water rights, claims, ortitle Vowater.
G. Any lien, urright bz aUen. for services, labor ormaterial theretofore orhereafter furnished, imposed by law and
not shown bythe public records.
7 Any right title or interest in any minnra|o, mineral rights or e|a0nd matters including but not limited to oi|, geo.
coal and other hydrocarbons, whether ornot shown bythe public records.
8' General and special county taxes for the year 1997, a lien not yet payable.
NOTE: General and special county taxes for the year I996
ASSESSOR NO. ; 05 E00255I
NOTE: No taxes were assessed for I996 - EXEMPT
9' Resolution for Designation of Limited Aooeaa Highway executed by the State
Highway Commission, recorded October 25, 1991' 9I'298-15550' records of
Flathead County, Montana. (Affects: Section 20 and other property)
10, Resolution No. I060A executed by the Flathead County Commissioners for an
ameodedmeot to the Kalispell City -County Master Plan by adding the Kalispell
City Airport Neighborhood Plan as an Addendum, recorded February 6, 1995' as
Doc. No. 95'037'08300, records of Flathead County, Montana.
Thefollowing numbered exceptions_Bwill be eliminated in an ALTA Extended Coverage Policy.
Ritter attached to and forming a part of commitment number: CT-90090
Continuation of SCHEDULE B - SECTION II
11. Ordinance No. 1242 for the approval of the Kalispell City Airport/Athletic
Complex Redevelopment Plan, recorded December 31, 1996 as Doc. No.
96-366-14450, and recorded January 16, 1997 as Doc. No. 1997-016-14310,
records of Flathead County, Montana.
12. Right -of -Way for public utilities (if any) installed in any portion of Lion
Park Street.
THE END
44-051
No. CT-50090
The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows:
That portion of the Northeast 1/4 of the Northwest 1/4 and the Northwest 1/4
of the Northwest 1/4 of Section 20, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, more particularly described as follows:
Commencing at the Northeast corner of the Northeast 1/4 of the Northwest 1/4 of
said Section 20; thence along the Northerly line of Section 20,
North 89'52130" West 1556.90 feet to the Northeasterly right-of-way of U.S.
Highway No. 93; thence along said Northeasterly right-of-way line,
South 33'04119" East 71.70 feet to the Point of Beginning of the parcel being
described; thence continuing along said Northeasterly right-of-way line,
South 33*04119" East 650.27 feet to the Northwesterly right-of-way of Lion
Park Street; thence along said Northwesterly right-of-way line of said
Lion Park Street,
North 63'12'02" East, 281.20 feet to the Southwesterly right-of-way line of
Third Avenue East, said point being on a 1392.50 foot radius curve concave
Southwesterly, having a radial bearing of South 72*27106" West; thence
Northwesterly along the curve and along the Southwesterly right-of-way line of
Third Avenue East, through a central angle of 19*24,1911, an arc distance
of 471.62 feet to the Southerly right-of-way line of Eighteenth Street
East; thence along said Southerly line of said Eighteenth Street East,
North 89'52'30" West 390.92 feet to the Point of Beginning.
Parcel 2, Certificate of Survey No. 12140.
ALSO
That portion of the Northeast 1/4 of the Northwest 1/4 of Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly
described as follows:
Commencing at the Northeast corner of the Northeast 1/4 of the Northwest 1/4
of said Section 20; thence along the Northerly line of said Section 20,
North 89'52'30" West 1556.90 feet to the Northeasterly right-of-way of U.S.
Highway No. 93; thence along said Northeasterly right-of-way line,
South 33'04'19" East 721.97 feet to the Point of Beginning of the Parcel
being described; thence continuing along said Northeasterly right-of-way
line,
South 33'04'19" East 85.51 feet, thence
North 63'12'02" East 255.29 feet, to the Southwesterly right-of-way line of
Third Avenue East, said point beging on a 1392.50 foot radius curve concave
Southwesterly, having a radial bearing of South 76'00'56" West, thence
Northwesterly along the curve and along the Southwesterly right-of-way line of
Third Avenue East, throught a central angle of 3*33149" an arc
distance of 86.61 feet, thence
South 63'12'02" West 281.20 feet to the Point of Beginning.
"Lion Park Street" on Certificate of Survey No. 12140.
THE END
ALTA Commitment
Owner. City of Kalispell
Purpose,- Parcels 2, J, 5 & 6 5oL,
ID3rcel 1. Boundory -*-!? ,
.-',jr(-el 4. Petrccem—'
r- 1,995
11 '74 72'
ti 11 -11 eel North line of the NW1,-4 Section 20
0.5.33 1, Acres
Poe
Parcel 2� :6
subdzi,iston of L,,wf" I
Block1, A?,rport,4d�iition Parcel 2
4. 700 acres
Lot I -A
1,[ 2 Blk I
At-wt Add, 56
#A
d ve
(es It y
% 2-1
P06 Porc el J
Bk 372 Pg 17 PorCe 1 3 %71q
.205 ocres 71
'10
peed Exhibit �3ook i()7 Page 117
Bk 50 pq 116
01
7
2634 5
POINT OF BEGINNING
Porcels 1, 4, 5 & 6 VV
Parcel 4
478 acres
Parcel 6
12.527 acres
Parcel 5
12.230 acres
pl---, RUS�; Y. I A�k%ph4X
9 5090