Staff Report/Final Plat Forest Service BuildingPLANNING FOR THE FUTURE
MQNTA
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner II
James H. Patrick, City Manager
Planning Department
201 1't Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalis pelL corn/planning
SUBJECT Final Plat for Spring Prairie Mixed Professional One
MEETING DATE: May 19, 2008
BACKGROUND: This is a request for final plat approval of a single lot commercial
subdivision within the Spring Prairie Planned Unit Development (PUD). The 5.35
acre lot is where the new Forest Service facility was constructed off of Stillwater
Road approximately 800 feet south of the intersection of Stillwater Road and West
Reserve Drive. The lease site can be generally described as lying in the northwest
1/4 of the northwest 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana.
Preliminary plat approval for this subdivision was granted by the Kalispell City
Council on October 2, 2006 subject to twelve conditions of approval.
A temporary Certificate of Occupancy was granted to allow the Forest Service to
occupy their new building in January of 2008 as only minor work was left to be
done to correct some storm water and drainage issues and finish landscaping
work. The landscaping work has been completed and the applicant is working
with the Public Works Department per their agreement to finish the site drainage
improvements. A $10,000 bond is in place and is sufficient to cover those costs.
RECOMMENDATION: A motion to approve the final plat for Spring Prairie Mixed
Professional One would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
' f/L
Nicole C. Joh son
Planner II
Report compiled: May 13, 2008
Attachments: Letter of transmittal
04James H. Patrick
City Manager
Final plat application and supporting documents
MO NT,
May 13, 2008
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
Re: Final Plat for Spring Prairie Mixed Professional One (Forest Service lease site)
Dear Jim:
This is a request for final plat approval of a single lot commercial subdivision within the
Spring Prairie Planned Unit Development (PUD). The 5.35 acre lot is where the new Forest
Service facility was constructed off of Stillwater Road approximately 800 feet south of the
intersection of Stillwater Road and West Reserve Drive. Preliminary plat approval for this
subdivision was granted by the Kalispell City Council on October 2, 2006 subject to twelve
conditions of approval.
A temporary Certificate of Occupancy was granted to allow the Forest Service to occupy
their new building in January of 2008 as only minor work was left to be done to correct
some storm water and drainage issues and finish landscaping work. The landscaping
work has been completed and the applicant is working with the Public Works Department
per their agreement to finish the site drainage improvements. A $10,000 bond is in place
and is sufficient to cover those costs.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Condition No. 1. That the development of this site will be in compliance with the adopted
Spring Prairie PUD and PUD agreement adopted in December 2001 as amended (Spring
Prairie PUD).
The development of the lot and improvements associated with the new Forest
Service facility is in substantial compliance with the approved preliminary plat.
Condition No. 2. That the access road abutting the subdivision shall be designed and
constructed in accordance with the adopted Design and Construction Standards for the
City of Kalispell. (Kalispell Subdivision Regulations Section 3.01 and 3.09A)
This condition is met. The access road serving the subdivision has been
constructed in accordance with Kalispell design and construction standards.
Approval from Frank Castles, Deputy Director of the Public Works Department, in
this regard is attached (dated April 7, 2008).
Condition No. 3. A storm water drainage plan which has been designed by an engineer
licensed in the State of Montana shall be prepared which complies with City's Design and
Construction Standards and said plan shall be reviewed and approved by the Kalispell
Public Works Department. (Kalispell Subdivision Regulations 3.12 A)
® This condition is met. Susie Turner, Kalispell's Stormwater Engineer, wrote in an
email to Thomas, Dean 8s Hoskins, Inc. (TD&H) on December 4, 2006 that the
Storm Drainage and Road Engineering Design Report dated November 30, 2006 met
the city's standards. To this date only minor improvements remain and there is a
bond in place to cover the remaining work.
Condition No. 4. That a letter be obtained from the Kalispell Public Works Department
approving the plans and specifications for streets, water, sewer and drainage facilities for
the subdivision. (Kalispell Subdivision Regulations Section 3.12-3.15)
This condition has been met. The Kalispell Public Works Department approved
the plans and specifications for the above mentioned infrastructure components
in a letter dated April 7, 2008.
Condition No. S. A letter shall be provided from an engineer licensed in the State of
Montana certifying that the improvements have been installed according to the required
plans, specifications and standards. A letter from the Kalispell Public Works Department
stating that the required improvements have been reviewed and accepted by the city shall
be submitted prior to final plat. (Kalispell Subdivision Regulations Sections 3.09, 3.11 -
3.15)
Dan J.P. Lozar, a licensed professional engineer in the State of Montana, certified on
April 18, 2008 that the water, sewer, storm drainage and street improvements for
the Spring Prairie Mixed Professional One Development were completed in
substantial compliance with the approved plans and specifications. The Kalispell
Public Works Department received a $10,000 security in January 2008 to correct
minor storm water and drainage issues related to the Certificate of Occupancy of the
Forest Service facility.
Condition No. 6. Forty (40) feet of right-of-way from the centerline of Stillwater Road shall
be dedicated along Stillwater Road. This additional right-of-way shall be shown on the
face of final lease site map. (Findings of Fact Section D)
o This condition is met. The 40-foot right-of-way from the centerline of Stillwater Road
has been dedicated and is shown on the plat.
Condition No. 7. Access directly from the lease site onto Stillwater Road is prohibited.
(Findings of Fact Section D)
® This condition is met. Access to the lease site is located off of Wolfpack Way.
Condition No. 3. The following requirements shall be met per the Kalispell Fire
Department: (Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specification at approved locations. Minimum fire flows shall be in accordance with
the International Fire Code (2003).
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2003).
This condition is met. The Kalispell Fire Department approved fire flows, hydrant
locations and Fire Department access in a letter dated April 21, 2008.
Condition No. 9. All new utilities shall be installed underground. (Kalispell Subdivision
Regulations Section 3.17A)
® This condition is met. All new utilities have been installed underground.
Condition No. 10. Development of an overall landscape plan addressing public and
private street boulevards, street trees, perimeter project landscaping, parking lot
landscaping and all common area landscaping shall be submitted to the Kalispell Parks
and Recreation Director and Kalispell Planning Department for approval in writing prior to
installation. The plan shall address all PUD requirements.
This condition is met. The Kalispell Parks and Recreation Department approved the
landscaping plans for the Forest Service site in a letter on December 8, 2006. In
December 2007, an estimated $500 worth of landscaping work remained and the
Kalispell Parks Department accepted financial security for 125% of the cost ($625) to
sign off on the certificate of occupancy. The landscaping is now complete and both
the Parks and Recreation and Planning departments are satisfied with the completed
landscaping. There are no outstanding issues.
Condition No. 11. The preliminary approval shall be valid for a period of three years from
the date of approval. (Kalispell Subdivision Regulations Section 2.04 (E)(7))
This condition is met. The preliminary plat was approved by council October 2,
2006.
Condition No. 12. A note shall be placed on the final plat stating the owner waives the
right to protest an SID for the upgrade of Stillwater Road to City standards.
® This condition is met. The note appears on the final plat.
The final plat is in substantial compliance with the preliminary plat which was submitted
and approved.
This subdivision plat has been found to be in substantial compliance with the State and
City Subdivision Regulations. All taxes are current.
This subdivision complies with the Kalispell Zoning Ordinance and the R-5/PUD zoning
designation.
All of the conditions of preliminary plat approval have
staff recommends that the Kalispell City Council
subdivision. Please schedule this matter for the May
possible. You may call me at 758-7940 if I can be o
Sincerely,
Nicole C. Johnson
Planner II
f
Attachments: 1 opaque Mylar of final plat
1 reproducible Mylar of final plat
1 blueline of final plat
11 x 17" copy of plat
Final plat application dated 4 / 18 / 08
Letter from TD&H dated 4 / 22 / 08
Letter from MDEQ dated 9/28/06
Treasurer's certification dated 2 / 13 / 08
Title Report #7403078-1171
Letter from Public Works dated 4/7/08
Email from Public Works dated 12 / 4 / 06
Engineer's certificate dated 4 / 18 / 08
Letter from Goldberg Properties, Inc. dated 1/7/08
Letter from the Public Works Department dated 1 / 10/ 08
Letter from the Kalispell Fire Department dated 4 / 21 / 08
Letter from the Kalispell Parks Department dated 12/8/06
Memo from the Kalispell Parks Department dated 12/4/07
Letter from the Kalispell Parks Department dated 4/28/08
Resolution 5154 dated April 28, 2008
c: Theresa White, Kalispell City Clerk
Richard J. Swan, TD&,H, 31 Three Mile Drive, Kalispell, MT 59901
State of Montana, DNRC, Attn: Steve Lorch, 2250 U.S. Highway 93 North, Kalispell,
MT 59901
USFS, LLC, c/o Goldberg Properties, Inc., 195 West 12+h Avenue, Denver, CO 80203
USFS, 650 Wolfpack Way, Kalispell, MT 59901
Thomas, Dean & Hoskins, Inc.
J
it
Engineering Consultants ,
April 22, 2008
Tom Jentz
Kalispell Planning Department
201-1st Ave. E.
Kalispell, MT 59901
RE: Spring Prairie Mixed Professional One
Dear Tom;
Attached is the Final Plat of the above referenced subdivision, including these standard
supplements:
0 Signed Application form and fee
® Two mylar sets of the plat, 4 black line copies, one 11 "x l 7"
® Platting certificate
® Tax certification
• DEQ approval
The subdivision complies with Kalispell City Councils' Condition of preliminary Plat
approval (Resolution No. 5154) as follows:
1. Development of the site is in compliance with adopted Spring Prairie PUD.
2. Access road has been constructed in accordance with Kalispell standards and
design. See attached letter from Frank Castles dated 4/07/08.
3. The storm water drainage plan has been approved by Public Works. See attached
email letter from Susie Turner, dated 12/04/06.
4. See attached letter from Frank Castles, dated 4/07/08, approving plans for streets,
water, sewer, and drainage facilities.
J:A2005\K05-103\K05-103-010 USFS Site- Final Plat\WordA04.22A8 Itr Tom Jentz.doc
31 Three Mile Drive, Suite 101 ® Kalispell, NIT 59901 ® (406) 751-5246 ® FAX (406) 752-5230
Pale 2 of 2
Jan Jentz
April 22, 2008
5. See attached certification of the installation of improvements by Dan Lozar, dated
4/18/08, as well as letter from Frank Castles, dated 4/07/08.
6 & 7.See attached Plat for 40-foot road dedication and no access designation.
8. See attached letter from F. Ray Ruffatto, dated 4/21/08, approving fire flows,
hydrant locations and Fire Department access.
9. All new utilities have been installed underground.
10. See attached letter from Jennifer Young, dated 12/08/06, approving the landscape
plan. Landscaping improvements have been completed.
11. Preliminary Plat was approved 10/02/06. This submitted meets the three-year
deadline.
Feel free to call if you have questions or require additional materials.
Sincerely,
Thomas, Dean, & Hoskins, Inc.
Richard J. Swan, PLS
RJS/gmr
K05-103-010
J:\2005\1(05-103\KO5-103-010 USFS SITE- FINAL PLATIWORD\04.22.08 LTR TOM JENTZ.DOC
P.O. Bog 200901 Helena, MT 59620-0901
Thomas, Dean & Hoskins Inc
Daniel Lozar PE
31 Three Mile Dr Suite 101
Kalispell MT 59901
Dear Mr Lozar:
September 28, 2006
oFc-z ��L � a, 9M Iii
Brian Schweitzer, Governor
• (406) 444-2544 www.deq.mt.gov
RE: Spiing Prairie Mixed Professional One
Municipal Facilities Exclusion
EQ#07-1619
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been mailed to the Public Water Supply Section, Kalispell Office for review of the extensions.
Sincerely,]
Janet Skaarland
Compliance Specialist
Subdivision Section
Public Water & Subdivision Bureau
(406) 444-1801 — email jskaarland@mt.gov
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
April 7, 2008
Dan Lazar, P.E.
Thomas, Dean, & Hoskins, Inc.
31 Three Mile Drive - Suite 101
Kalispell, MT 59901
RE: U.S. Forest Service Subdivision
(Spring Prairie Mixed Professional One)
Kalispell, Montana
Dear Mr. Lozar,
ez
e
The City of Kalispell Public Works Department hereby approves the existing, completed City
owned infrastructure (the water distribution mains and the sanitary sewer mains) serving the
referenced development. The public road improvements (that part of Wolfpack Way) abutting
the reference site are also approved. This letter is intended to meet the City requirement of
Condition 2, 4, and 5 of City Resolution No. 5154.
If you have any questions, please do not hesitate to contact this office.
Since y,
i
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Cc: Sean Conrad, Senior Planner
Kalispell Planning Office
Grant Nelson
Goldberg Properties, Inc.
195 West 12t' Avenue
Denver, CO 80204
Department of Natural Resources and Conservation
Attn: Steve Lorch
2250 Highway 93 North
Kalispell, MT 59901
Dan Lozar - : USFS - Stormwater Approval
From: "Susie Turner" <sturner@kalispell.com>
To: "'Dan Lozar"' <Dan. Lozar@tdhkalispell. com>
Date: 12/4/2006 3:15 PM
Subject: RE: USFS - Stormwater Approval
Yeah, you can take this email as the official storm approval and Frank just confirmed he approved the water and
sewer awhile back.
Susie
From: Dan Lozar [mailto:Dan.Lozar@tdhkalispell.com]
Sent: Monday, December 04, 2006 1:26 PM
To: Susie Turner
Subject: RE: USFS - Stormwater Approval
Thanks Susie! Will you be releasing an approval letter for the design? Or can I take this email as the
"approval"?
Dan
Thomas, Dean, & Hoskins, Inc.
31 Three Mile Drive - Suite 101
Kalispell, MT 59901
dan.lozar@)tdhkalispell.com
406 751-5246
>>> "Susie Turner" <sturner@kalispell.com> 12/4/2006 12:53 PM >>>
The 11/30/06 Storm Drainage and Road Engineering Design Report for the Spring Prairie Mixed
Professional One-USFS meets the City of Kalispell's Design Standards for stormwater design and
calculations.
Thank you for your response and implementation of pervious discussed stormwater comments. Please
contact me at (406)-758-7852 with any questions.
Susie Turner
file://C:\Documents and Settings\DJL\Local Settings\Temp\GW}00002.HTM 3/12/2008
Certificate of Engineer
I, Daniel J.P. Lozar, P.E. a Licensed Professional Engineer in the State of Montana,
acting on behalf of Thomas, Dean & Hoskins, Inc., do hereby certify that the water,
sewer, storm drainage and street improvements for Spring Prairie Mixed Professional
One, EQ #07-1619, in Kalispell, Montana, were substantially completed in accordance
with the approved plans and specifications.
NT
ii •e• I
® ' DANIEL J.P. °•
LOZAR
° ro No. 15104PE •° tr
Daniel J.P. Lozar, No. 1510415E
e 'fO'NpAL
Broker,ige
Development
Advisory
Properties,
January 7, 2008
Mark Crowley
Construction Manager
City of Kalispell
306 First Avenue East
Kalispell, MT 59901
RE: USFS Building - 651 Wolfpack Way
Bonding reduction
Dear Mark:
Per our discussion regarding the outstanding civil items for the above referenced project, enclosed
please find a check for $10,000.00 to be held by the City of Kalispell until such time as the site
work and civil issues are finalized and approved by the City.
With this $10,000.00 we would ask that you release the $125,000.00 that they city has been
holding for the outstanding items. Also enclosed, please find a FedEx envelope pre-printed for
delivery to our office.
Please let me know when you and Dan Lozar of TD&H have been able to come up with the final
punch list for the site work I would like to review it with you and Dan and then set up an agreed
to timeline for those items to be complete. As we discussed, I believe that some of the items will
necessitate warmer weather to complete, so we would expect that this $10,000.00 will remain in
place until the agreed to punch list is completed and approved by the City. Once all work is
completed and approved we would expect that the enclosed $10,000.00 to be returned to our
office following final approval.
Should you have any questions or comments, please feel free to contact me at any time.
lisuell USFS, LLC
IAActive Development hojccts.Forest Scrvice - Kai ispell,C onstructionVO Bond\650 Wolfpack Way Bond Reduction Letter 1-7-
Memb, 08.DOC
of shopp�a comers
195 West 12th Avenue • Denver, Colorado 80204 • 303/759-8000 • FAX 303/863-0275
1056
LISPELL USFS LLC 12-06
195 W 12TH AVE.
DENVER, CO 60204-3622 ?3=101
1020 56
DATEAY TO
ORDER OFE 2 T 4 $ `Z,2,17pa
q0ttARS
JPMorgan
JPMorgan Chase Bank, N.A.
Denver, Colorado 80202 f
FOR04t .y-
1t
11800 10 5611' 1: 10 200 10 1 ?oe 16 8 3 ? 1 ? 2�i®
%` ¢} City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831
January 10, 2008
Deb Diest
Finance Department
City of Kalispell
Re: US Forest Service building on Stillwater Road
Dear Deb:
Attached is a request from the developer of the US Forest Service Building at 651 Wolfpack Way to reduce the
security on the project. The City of Kalispell Public Works Department hereby approves amending the
existing Improvements Agreement for the project. The City accepts the private party check (attached) in the
amount of $10,000.00. Said check should be deposited in our account and refunded upon completion of the
repairs in the spring.
The developer has been informed that this is an accommodation from our standard procedures: we do not
generally accept private party checks to secure the completion of construction or repairs. All work shall be
completed in the 2008 construction season, based on a walkthrough with the owner or his representative in the
spring.
Upon completion of the required improvements, a certification from the project engineer will be required to
release the security.
If you have any questions, do no hesitate to call this office.
Sincerely
Oarkrley
Construction Manager
Cc: Goldberg Properties, 195 West 12`h Avenue, Denver, CO 80204
TD&H, Attn: Dan Luzar, 31 Three Mile Drive, Suite 101; Kalispell, Montana 59901
Parks Department, Chad Fincher
KALISPELL FIRE DEPARTMENT
312 First Avenue East
Randy Brodehl —Fire Chief .-
PO Box 1997
Kalispell, Montana 59901
Dan Diehl — Assistant Chief/Operations
(406) 758-7760
DC Haas — Assistant ChieflPrevention 4.
Tim Soule — Training Chief _-
FAX: (406) 758-7952
www.kalispell.com
April 21, 2008
TD&H
ATTN: Rick Swan
31 Three Mile Drive, Suite 101
Kalispell, MT 59901
Re: Spring Prairie Mixed Professional One (formerly U.S. Forest Service
Subdivision)
Dear Mr. Swan,
In response to your request for approval of the above -referenced project, our department
approves final plat for Spring Prairie Mixed Professional One, with the following information
and conditions:
❑ Fire hydrant locations, fire flows, and fire department access are approved by
this department.
Please contact me if you have any questions.
Sincerely,
`14Y
F. Ray Ruffatto
Deputy Fire Marshal
cc: Tom Jentz, Kalispell Planning Office
Jeff Clawson, Acting Building Official
Tawnya Snyder, Goldberg Properties (via e-mail)
"Assisting our community in reducing, preventing, and mitigating emergencies. "
(DJ
of KalisDo//
Parks and Recreation
IZCV��Z�v
35 1 st Ave E - P.O. Box 1997 Kalispell, MT 59903 — DEC]] 211 fl�
PH 758 7717 - Fax 758-7719 — E-Mail lyoung@ Kalispell%VTL,
December 8, 2006
Thomas, Dean, and Hoskins
Dan Lozar
31 N Three Mile Dr
Kalispell, MT 59901
Re: United States Forest Service (USFS)
Dear Dan:
This letter is to serve as approval on the proposed landscaping plans for USFS per the
plans submitted by your office.
It is agreed that if the project is extended the developer will be responsible for bonding
for landscaping improvements as specified on the submitted plan for the building(s) at
USFS. Tree plantings are required to meet the Street Tree Ordinance standards of 2 %
caliper and of an approved species from the Kalispell Parks department planting list.
Boulevards are to be seeded or sodded to meet city standards. Bushes to be used as
buffers are required to be of planting materials that will reach screening heights to act
as adequate buffers. Should you need direction on appropriate bushes for screening
purposes, please do not hesitate to contact our office.
Final approval will be given upon completion, inspection and approval of the
landscaping and tree plantings, at which time bonding and/or letter of credit would be
released if it is in place. It should be noted that the trees and landscaping are under a
warranty period and should they die within this time frame, the developer will be
responsible for replacement.
It has been enjoyable working with you, if you have any concerns or questions please
give me a call.
Sincerely,
Jennifer oung,
Kalispell Parks and R ation
Cc: Sean Conrad, Kalispell Planning
of Kalispe fj
Parks and Recreation
35 15t Ave East — P O Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
TO: Deb Diest, City Treasurer
FROM: Chad Fincher, Parks Superintendent
CC: Mike Baker, Parks and Recreation Director
Mark Crowley, Construction Inspector
SUBJECT: Tally Lake Ranger Station
DATE: December 4, 2007
Attached is a request from Goldberg Properties to bond for landscaping not completed along
Stillwater Road and the bike path. The general contractor estimates the cost to be $500.00 for
the landscaping. Goldberg Properties has sent a financial security for 125% of the estimated
cost. ($625.00) With this financial security in place, the parks department will also sign off on
the C of O for the Tally Lake Ranger Station.
Goldberg is also requesting the original bond amount of $125,000.00 be returned if all other
departments have signed off on the project.
If you have any other questions regarding this, please feel free to contact me.
of Kalispell
Parks and Recreation
35 1 sc Ave East — P O Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
TO: Deb Diest, City Treasurer
FROM: Chad Fincher, Parks Superintendent
CC: Mike Baker, Parks and Recreation Director
Mark Crowley, Construction Inspector
1icole .,ohnsonPlanner
SUBJECT: Tally Lake Ranger Station
DATE: April 28, 2008
UPEOVE
APR 2 9 2008 rr'
KiALISPELL PLANNING DEPARTME,i i
We had the opportunity to review the landscaping at Tally Lake Ranger Station today that was
bonded for last December. We found that our areas of concern regarding landscaping along
Stillwater Road have been addressed to our satisfaction.
Our department respectfully asks that the bond of $625.00 be released back to the developer.
If you have any other questions regarding this, please feel free to contact me.
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF U.S.
FOREST SERVICE SUBDIVISION, MORE PARTICULARLY DESCRIBED AS LYING IN
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Goldberg Properties, Inc, on behalf of the U.S. Forest Service, the lessor of the
certain real property described above, has petitioned for approval of the Subdivision
Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
September 19, 2006 on the proposal and reviewed Subdivision Report #KPP-06-11
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of the U.S. Forest Service Subdivision subject to
certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 2,
2006, reviewed the Kalispell Planning Department Report #KPP-06-11, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-06-11 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Goldberg Properties for approval of the Preliminary
Plat of U.S. Forest Service Subdivision, Kalispell, Flathead County, Montana
is hereby approved subject to the following conditions:
1. That the development of this site will be in compliance with the adopted Spring Prairie PUD
and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD).
2. That the access road abutting the subdivision shall be designed and constructed in accordance
with the adopted Design and Construction Standards for the City of Kalispell. (Kalispell
Sub. Regs. Section 3.01 & 3.09A).
3. A storm water drainage plan which has been designed by an engineer licensed in the State of
Montana shall be prepared which complies with the City's Design and Construction
Standards and said plan shall be reviewed and approved by the Kalispell Public Works
Department. (Kalispell Sub. Regs. Section 3.12 A).
4. That a letter be obtained from the Kalispell Public Works Department approving the plans
and specifications for streets, water, sewer and drainage facilities for the subdivision.
(Kalispell Sub. Regs. Section 3.12 — 3.15).
5. A letter shall be provided from an engineer licensed in the State of Montana certifying that
the improvements have been installed according to the required plans, specifications and
standards. A letter from the Kalispell Public Works Department stating that the required
improvements have been reviewed and accepted by the city shall be submitted prior to final
plat. (Kalispell Sub Regs. Sections 3.09, 3.11— 3.15).
6. Forty (40) feet of right-of-way from the centerline of Stillwater Road shall be dedicated along
Stillwater Road. This additional right-of-way shall be shown on the face of final lease site
map. (Findings of Fact Section D)
7. Access directly from the lease site onto Stillwater Road is prohibited. (Findings of Fact
Section D)
S. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
the International Fire Code (2003).
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003).
9. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A).
10. Development of an overall landscape plan addressing public and private street boulevards,
street trees, perimeter project landscaping, parking lot landscaping and all common area
landscaping shall be submitted to the Kalispell Parks and Recreation Director and Kalispell
Planning Department for approval in writing prior to installation. The plan shall address all
PUD requirements.
11. The preliminary approval shall be valid for a period of three years from the date of approval.
(Kalispell Sub. Regs. Section 2.04 (E)(7).
12. A note shall be placed on the final plat stating the owner waives the right to protest an SID
for the upgrade of Stillwater Road to City standards. (This condition was added by the City
Council at its regular meeting on October 2, 2006. The resolution was corrected to show the
amendment on April 28, 2008)
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 2ND DAY OF OCTOBER, 2006.
ATTEST:
Theresa White
City Clerk
CONDITION #12 ADDED TO CORRECTLY REFLECT COUNCIL ACTION AND SIGNED BY
THE MAYOR OF THE CITY OF KALISPELL THIS 28TH DAY OF APRIL, 2008.
Pamela B.
ATTEST: Mayor
Theresa White
City Clerk
City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: Spring Prairie Mixed Professional One
Applicant: Kalispell U.S.F.S.,LLC. c/o Goldberg Properties, Inc.
195 W. 12th Ave. Denver, CO 80203 Phone #: (303)759-8000
Contact Person: Daniel J.P. Lozar or
Name: Richard J. Swan, LS of T,D & H
Address: 31 Three Mile Drive
Kalispell, MT 59901
Phone No.: (406) 751-5246
Date of Preliminary Plat Approval: October 2, 2006
Type of Subdivision: Residential Industrial
Total Number of Lots in Subdivision I
Land in Project (acres) 5.311
Parkland (acres)
No. of Lots by Type:
Single Family
Duplex
Commercial
Condominium
Cash -in -Lieu $
Townhouse_
Apartment
Industrial
Multi -Family
Owner & Mailing Address:
State of Montana, Dept. of Natural Resources
2250 U.S. Hwy. 93 N.
Kalispell, Mt 59901
Commercial PUD
Exempt
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other 1
Other x
x
Legal Description of the Property TR.5, SW 1/4, NW 1/4, Section 36, Township 29 North, Range 22W
FILING FEE ATTACHED $ 925.
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
1
Attached Not Applicable (MUST CHECK ONE)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
x Parkland Cash -in -Lieu (Check attached)
x Maintenance Agreement
X Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
canal plat applications be accompanied with a digital copy.
yzx��A L-,� /� /em
Owner(s) SignqLure Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
S. A tie to either an existing subdivision corner or a corner of the public land survey system
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: TD&H
FOR, STATE of MT - DNRC DATE: 1/23/2008
DESCP : Spring Prairie Mixed Professional PURPOSE: Plat
One - (Tr 5 in 36-29-22)
YEARS ASSESSOR #
2004 thru 2007 E000703
I hereby certify that there are no outstanding
assigned the assessor numbers listed above
each assessor number. /
'P' KLI
�TFOFMO
e property
irs indicated for
Deputy Treasurer
(seal)
FEB 13 2008
TICOR TITLE INSURANCE COMPANY
Policy No. 7403078- 1 1 7 1
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: yVp-61p� 4 a"""
Authorized Signatory
TICOR TITLE INSURANCE COMPANY
By 7
Attest
�F President
Secretary
Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page
For Use In Montana & Washington
Order No.: 2060808285
Dated: February 26, 2008 Caj- 7:30 a.m.
Ref. Number: 7403078-1171
Liability: $1,000.00
Fee: $150.00
Alliance Title & Escrow Corp. has made an examination of its tract books and property records relative to the
following real property:
A tract of land located in the Northwest quarter of the Northwest quarter of Section 36, Township 29 North, Range
22 West, P.M.M., Flathead County, Montana, being more particularly described as follows:
Commencing at the West quarter corner of Section 36, Township 29 North, Range 22 West, Principal Meridian,
Montana; thence
N 00'02'56" W along the West line of said section 661.57 feet to the Point -Of -Beginning; thence
Continuing along said line N 00'02156" W 1196.57 feet; thence
N 89056'22" E 1.41.97 feet; thence
Southeasterly along a tangent curve, concave to the South, having a radius of 350.32 feet and a central angle of
28'1.9'42", an are lengh of 1.73.21 feet; thence
N 28016'04" E 60.00 feet; thence southeasterly along a non -tangent curve, concave to the South, having a radius of
41.0.32 feet, a central angle of 06'33'52", a chord bearing of
S 58"27'00" E and a chord distance of 46.99 feet, an are lengh of 47.01. feet; thence
S 55010'04" E 94.62 feet; thence
S 34049'56" W 60.00 feet; thence
S 00"02'56" E 372.94 feet; thence
S 89056'49" W 380.00 feet; thence
S 00()02'56" E 706.76 to a point on the North boundary of Parcel A, Certificate of Survey No. 16743, records of
Flathead County, thence
N 89'47'07" W along said boundary, 40.00 feet to the Point -Of -Beginning.
The above described tract of land is designated and to be known as Spring Prairie Mixed Professional One, located
in the Northwest quarter of the Northwest quarter of Section 36,Township 29 North, Range 22 West, Principal
Meridian, Montana, Flathead County, Montana.
Title to said real property is vested in:
State of Montana
END OF SCHEDULE A
Order No: 2060808285
Policy No: 7403078-1171
SCHEDULE B
EXCEPTIONS:
l . 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. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and
Recorder pursuant to Title 70, Chapter 21, M.C.A., Including, but not limited to any right of the Public and the
County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on
file in the office of the County Surveyor of Flathead County.
5. Taxes, including any assessments collected therewith, for the year 2008 which are a lien not yet payable.
6. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Resolution Designation of Limited Access Highway Kalispell Bypass
Recorded: November 14, 1997
Instrument No.: 1997-318-1005-0 AND Amended Resolution recorded October 8, 2004 Instrument No. 2004-
282-0818-0, of Official Records.
7. Easements, reservations, restrictions, notes and dedications, as shown on Certificate of Survey No. 13423,
recorded May 28, 1998 Instrument No. 1998-148-1415-0, of Official Records.
8. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Resolution No. 4661, a resolution to provide for the alteration of the boundaries of the City of Kalispell
by including therein, as an annexation, approximately 454.4 acres located on the west side of Highway 93 North
bordered by the East 3,250 feet of Four Mile Drive on the South, West Reserve Drive on the North and Stillwater
Road on the West, to be known as the Section 36 Addition No. 306; and to declare an effective date.
Recorded: November 2, 2001
Instrument No.: 2001-306-0906-0 AND rerecorded January 15, 2002 Instrument No. 2002-015-1115-0, of
Official Records.
Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Ordinance No. 1404. an ordinance approving a planned unit development on certain real property owned
by the Department of Natural Resource and Conservation (DNRC) known as Section 36.
Recorded: January 15, 2002
Instrument No.: 2002-015-111.8-0, of Official Records.
10. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Ordinance No.1486, an ordinance authorizing and adopting an amendment to the developer's agreement
for the planned unit development for Spring Prairie Center.
Recorded: April 2, 2004
Instrument No.: 2004-093-162 1 -0, of Official Records.
11. Easements, reservations, restrictions, notes and dedications, as shown on Certificate of Survey No. 17217,
recorded March 16, 2006 Instrument No.2006-075-0820-0, of Official Records
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Flathead County High School District #5
Purpose: An easement pursuant to Section 77-2-101(1) (a),MCA, for public school buildings and associated
school facilities upon and across State lands, as follows
Recorded: June 27, 2005
Instrument/File No. 2005-178-1440-0 of Official Records.
13. Terms, provisions, conditions, definitions, obligations, reservations and restrictions, contained in Document:
Purpose: Easement Deed ... The grant of this easement is subject to the following conditions...
Recorded: June 27, 2005
Instrument No.: 2005-178-1440-0, of Official Records.
14. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Montana Department of Transportation
Purpose: A right of way for highway construction and maintenance, including occupancy by public utilities as
defined in S69-4-101, MCA upon and across State lands...
Recorded: October 19, 2007
Instrument/File No. 2007-00032118 of Official Records.
15. Easements, reservations, restrictions, notes and dedications, as shown on unrecorded Spring Prairie Mixed
Professional One.
16. SubdivisionTerms and provisions of State of Montana, Department of Environmental Quality, Certificate of
Subdivision Plat Approval, recorded with the plat of Spring Priarie Mixed Professional One, of Official Records.
NOTE: the above referenced property appears to be located within the Kalispell Fire District.
END OF SCHEDULE B