Cahill Development AgreementReturn to:
City Clerk
P.O. Box 1997
Kalispell, MT 59903
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CAHILL DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the �L day of January, 2011, by Janet Cahill,
President, Violence Free Crisis Line, Inc., P.O. Box 1401, Kalispell, MT 59903, hereinafter
CAHILL, and the City of Kalispell, a municipal corporation, of 201 lst Avenue East, Kalispell,
Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, Violence Free Crisis Line, Inc. is the fee owner of the real property located at
60 Denver Avenue, Kalispell, Montana, and more particularly described as:
Lot 1 of Minor Subdivision Plat Number 117 located in the NW 114 of Section
19, Township 28 North, Range 21 West, Flathead County, Montana
and hereinafter referred to as "Subject Property"; and
WHEREAS, CAHILL desires to have a Planned Unit Development overlay (PUD) upon the
subject property currently zoned as R-3 Urban Single Family Residential that
would allow some flexibility in mixed uses, setbacks and lot coverage; and
WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements
within the "Subject Property", and prescribe the permitted uses therein, the parties
hereto determine it to be in their interests to enter into this Development
Agreement.
§ 1.01 General
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PUD Application filed by applicant and the conditions contained within
Kalispell City Ordinance No. 1599 establishing the R-3 Zoning designation and overlay Planned
Unit Development and are hereby incorporated fully herein by this reference.
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§ 1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Development Agreement, the laws, rules
and regulations of the City of Kalispell governing the use and development of land and
buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property.
§ 1.03 Drawings
The drawings comprising the Preliminary Plat and referenced by this Planned Unit Development
Agreement are an integral and essential component thereof, and they are incorporated by
reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Unit Development Agreement shall become effective
immediately and shall terminate upon the issuance of the final certificate of occupancy for the
Subject Property. This Development Agreement may be modified or amended only as set forth
in Article IV hereof.
§ 1.05 Certification Procedure
Whenever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be given, such certificate shall be given within thirty (30) days of the receipt
of a completed application. Such an application shall be deemed to be complete upon receipt of
such drawings and narrative information as are reasonably necessary for the issuance of such
certification.
The Subject Property, described in the recitals above, shall be developed with the infrastructure
improvements as described below.
No building permit shall be issued for any of the parcels unless and until all public improvements
specified in this Agreement as well as those infrastructure improvements which may be required
by the City of Kalispell's Standards for Design and Construction are either constructed or
security provided guaranteeing construction of said improvements for that particular parcel upon
which a building permit is requested.
The Planned Unit Development allows the following deviations from the Kalispell
Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), requiring sidewalks
on both sides of the access roadway into the subdivision up until the required "T"
turnaround for the fire department. Striping shall be used across the turnaround area
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showing the pedestrian travel way. ADA access ramps shall be utilized in the overall
design of the sidewalks within the subdivision.
B. Kalispell Zoning Ordinance, Section 27.06.040 (1) a minimum lot size of
approximately 5,630 square feet for lot 6 and 6,643 square feet for lot 5.
2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
3. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
4. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
5. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards; and shall be certified in writing by an engineer
licensed in the State of Montana. All design work shall be reviewed and approved in
writing by the Kalispell Public Works Department prior to construction. This
infrastructure shall include but not be limited to streets, street lighting, street signage,
curb, gutter, boulevard and sidewalks. In addition to the new City street within the
subdivision Denver Avenue, as it fronts the subdivision, shall be improved to the City of
Kalispell's Standards for Design and Construction and Montana Public Works Standards.
(Kalispell Design and Construction Standards)
6. Water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by
the Kalispell Public Works Department. Prior to final plat, a certification shall be
submitted to the Public Works Department stating that the water and sewer mains have
been built as designed and approved. (Kalispell Design and Construction Standards)
7. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to final plat,
a certification shall be submitted to the Public Works Department stating that the
drainage plan for the subdivision has been installed as designed and approved. (Kalispell
Design and Construction Standards)
8. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of all
documents submitted to Montana Department of Environmental Quality for the General
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Permit for Storm water Discharge Associated with Construction Activities. (Kalispell
Design and Construction Standards)
9. A letter from the Kalispell Public Works Department shall be submitted stating that all
new infrastructure has been accepted by the City of Kalispell or a proper bond has been
accepted for unfinished work. (Kalispell Design and Construction Standards)
10. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the 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
International Fire Code (2003) Appendix B.
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) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a
fire lane.
11. The decking associated with the building on lot 4 shall be brought into compliance with
regards to setbacks. (Findings of Fact, Section G)
12. All buildings on the preliminary plat designated as being removed shall be removed as
well as the associated foundations. (Preliminary Plat)
13. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover
provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision
Regulations, Section 3.11).
14. The area designated on the plat as "park" shall be dedicated to the City of Kalispell.
(Findings of Fact, Section D, Parks and Open Space)
15. The following note shall be placed on the final plat: "Property owner(s) are responsible
for the boulevard strip for the length of their property boundaries. Responsibilities
include watering and mowing of the grass within the boulevard. Removal of grass or
trees within the boulevard and placement of any other kind of materials is prohibited
unless approved by the Kalispell Department of Parks and Recreation."
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16. The following note shall be placed on the final plat: "Property owner(s) shall waive their
right to protest the creation of a special improvement district for road upgrades to Denver
Avenue." (Findings of Fact, Section D, Roads)
17. The road within the subdivision shall be named and signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic Control
Devices Manual and be subject to review and approval of the Kalispell Fire Department.
A letter shall be obtained from the Kalispell Public Works Department stating the naming
and addressing on the final plat have been reviewed and approved. (Kalispell
Subdivision Regulations, Section 3.09)
18. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to
accommodate an approved turnaround for emergency vehicles. (Findings of Fact,
Section D, Roads)
19. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat. (Kalispell Subdivision Regulations, Section 3.18)
20. Prior to filing the final plat a letter from the US Postal Service shall be included stating
the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In addition,
the mail delivery site and improvements shall also be included in the preliminary and
final engineering plans to be reviewed by the Public Works Department. The mail
delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell
Subdivision Regulations, Section 3.22)
21. Street lighting shall be located within the subdivision and shall have a full cutoff lens so
that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision
Regulations Section 3.09(L))
22. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the construction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
designated on this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
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24. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
W0101ya
1 11DION ,
§ 4.01 This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
§ 4.02 Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee, by any fee owner of a parcel in respect to the Subject Property.
§ 4.03 Modifications of this Development Agreement which are determined by the Site Review
Committee to be minor modifications shall require only the consent of the Site Review
Committee, and shall not require the consent or approval of the City Council or any other public
agency. All amendments and modifications to this Development Agreement other than minor
modifications shall require the approval of the City Council of the City of Kalispell.
§ 4.04 All applications for modification or amendment of this Development Agreement shall be
filed with the Site Review Committee and the Site Review Committee shall promptly determine
whether the modification is minor or major.
§ 4.05 The Site Review Committee shall make its determination with respect to any application
for a minor modification subject to this Section within fifteen (15) days after it determines the
application to be subject to said minor modification.
§ 4.06 If the amendment or modification requested is of such a nature as to require approval of
the City Council, the Site Review Committee shall refer the matter to the City Council within
fifteen (15) days after it determines the matter requires Council review.
§ 4.07 The owner may appeal any decision of the Site Review Committee to the City Council,
who may affirm, reverse or modify the Site Review Committee decision.
V. CONSTRUCTION PERMITTING
1. No building permit in respect to the building in any structure shall be issued by the
Building Department until the Director of Public Works has certified to the Building
Department that the public infrastructure improvements as required herein substantially
conform to the Site Condition requirements contained in this Agreement and that said
improvements have been constructed or security guaranteeing the construction has been
received by the City.
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2. For purposes of this Section, the "Security" required shall be in an amount equal to 125%
of the developer's Licensed Engineer's estimate of the cost of constructing said
improvements.
§ 6.01 Effective Date
This Agreement shall be effective immediately and shall remain in full force and effect
until the final certificate of occupancy is issued.
§ 6.02 Severability
In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
§ 6.03 Recordation
This Agreement shall be recorded.
§ 6.04 Entire Agreement - Primacy
This Agreement constitutes the entire agreement between the parties and may only be
amended by a written document executed by the parties.
§ 6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
VIOLENCE FREE CRISIS LINE
by:
Janet ahill, President
CITY OF KALISPELL
by:
" 4c,,"�G 1 .
ane Howington, City Manag
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STATE OF MONTANA )
):ss
County of Flathead )
On this j3L: day of January, 2011, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared JANET CAHILL and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Public, State of Montana
Printed Name :] av C.A
Residing at tZ 6 k�
My Commission Expires
STATE OF MONTANA )
):ss
County of Flathead )
On this ��A-, day of January, 2011, before me, a Notary Public in and for the State of
Montana, personally appeared JANE HOWINGTON, known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act
of said municipality, for the uses and purposes therein set forth, and that she was duly authorized
to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Notary Public, State of Montana
Printed Name: u;
Residing at
My Commission Expires �Ft' Yam
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