Ordinance 1486 - Developer's Agreement Amendment - Spring Prairie PUD()4iC)9,3;��t,r.
ORDINANCE NO, 1486
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE
DEVELOPERS AGREEMENT FOR THE PLANNED UNIT DEVELOPMENT FOR
SPRING PRAIRIE CENTER,
E IT ORDAINED BY THE CITY COUNCIL of THE CITY of KALISPELL, AS FOLLOWS:
SECTION N . That the Spring Prairie Planned Unit Development, approved on December 3,
20017 shall be, upon execution by the landowner, amended as follows:
2. 1 1 a: General access to the commercialdistrict beginning at West Reserve Drive and
Q ending mile south along U.S. Highway 93 shall be limited to no more than 3
N approaches. Additional approaches south of the aforementioned area shall also be
allowed as approved by the access er tting agency. New approaches onto Reserve
r*ve, Stillwater Road, and Four Mile I ve shall generally be limited to a minimum
spacing distance of 1,3 00 feet or as otherwise authorized by the access permitting
agency,
2.01 E(3)a-. Buildings should not exceed 35 feet above the final grace in the Mixed Residential
POD, 40 feet in the Mixed Professional POD and 4 5 feet in the Mixed Commerci a
POD. Such height limitation may be exceeded in the mixed commercial POD by
issuance of a conditional use permit.
.o 1 e(3) D & : Ground and wall signs as limited belo r may b e used to 1dentif r a singl e use lease lot
or multiple uses within common lot/lease area. Ground signs shall haveratra earth
tones and not be fabricated primarily of exterior plastic, Plexiglas or similar
materials. The ground sign may have internal lighting or sign mounted extema
lighting. Shielded lighting may be provided ftom ground -mounted fixtures directed
towards the sign face. Ground signs may have a concrete or similar mounting base
but in no situation shall t.e total height of the sign exceed the size and height
standards for freestanding signs as specified in Table 1 of Section 2 7.24. 0 1 d of
the Kalispell Zoning ordinance. In a. ditionl freestanding signs shall be capped at 24
feet Ln total height and 120 square feet in total surface area.. There shall be no more
than a total of 3 free standing ground signs, one for phase one, one for phase 2 and
one for phase 3. The freestanding signs shall be constricted as presented in exhibit
1 A and shall only advertise the name of the primary tenant of the phase and the name
of the development. Wall signs may have internal lighting and shall not exceed a
sign face area as provided in the City of Kalispell Zoning ordinance.
.o 3 i : Commercial buildings or combination of buildings on a single lease lot exceeding
0�000 s . f t total gross floor area (where no sub -lots have been established) shall e
set back a minimum distance from U.S. Highway 93 as follows; Phase I — 300 feet,
Phase 2 — 225 Feet and Phase 3 -- 150 Feet.
2.02B B The mixed Commercial POD is limited to the following permitted uses;
5 restaurant (deli, bakery, fast food, sit-down, beverage shop, drive through,
etc) and incidental casino use. Incidental casino use. Incidental casino use is
rated to ° of the gross floor space of a fatly bo.ifide, freestanding;
r s a ra t facility as opposed to a gas station —restaurant -casino arrangement
for example). The casino floor plan must be visually separate from the
primary use of the building as a restaurant, There can be no outside
indication of a casino or gaming activity including signa e in a window, o
the building or the premise and no excessive lighting or attraction to indicate
such a use. This includes but not limited to reference to words or symbols
associated with the gaming industry such as gambling, gaming, poker,
chance, casino, live betting, daily take or pot, card game, dice, $, etc.
20 Other uses which are so like the listed uses in purpose, fraction, character
and effect to be substantially similar to the listed uses, (Excluding those
otherwise conditioned or prohibited by this PUD agreement).
SECTION 11. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE. CITY OF KALISPELL, M N ' N, THIS 15TH DAB" OF DECEMBER, 2003.
ATTEST:
Theresa "white
City Clerk
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Exhibit A
That portion of Section 36, -Township 29 North, Rangy 22 West, Principal
Meridian, Flathead County, Montana described as follows-,
The Southwest 114, the Northwest 1{4 and that portion of the Northeast 1/4 lying
westerly of the westerly right-of-way line of U.S. Highway No. 93 as shown on
Federal Aid Project Nos. F 5-3(32)115 and F 5-3(24)115, excepting therefrom the
Southwest 1/4 of the Southwest 1/4 of the Northwest 1!4 and the Northwest 1/4 0f
the Northwest 1/4 of the Southwest 1/4 all in Section 36, Township 29 North,
Range 22 West, containing 454.4 Acres of Land, more or less.
PCF04�913 1(CaiC;
AMENDED SPRING PRAIRIE
PLANNED UNIT DEVELOPMENT AGREEMENT
PARTIES AND PURPOSE; This Agreement was originally made and entered into the 3rd
day of December, 2001 by and between the State of Montana Department of Natural .resources
Conservation (hereinafter "'DNRC"), with its office and principal place of business located at 2250
Highway 93 Forth; and the City of Kalispell, a municipal corporation (hereinafter `City"" , with its
office and principal place of business located at 312 - 1 st Avenue East, Kalispell, Montana 59901.
Pursuant to the request of DNRC, and consensus of the City, by Ordinance 1486 dated the 15th day
of December, 2003 and by recommendation. of City staff [KPUD-03-01] dated the 13 th day of
November, 2003 the Agreement .t is hereby amended as follows:
W I T N E S S E T H:
WHEREAS, The State of Montana Department of Natural Resources & Conservation is the
owner of certain real property located In Flathead County, Montana, which is further described In
Exhibit "A" attached hereto and made a part hereof, and which hereinafter is referred to as the
("Subject Property 1�1; and,
WHEREAS, The Subject Property is subject to a request for annexation and initial zoning;
WHEREAS, DNRC is desirous of applying a Planned Unit Development D overlay to
city zoning classifications-, and,
WHEREAS, 1.n order to alloy the PUD, assure the installation of infrastructure within the
"Subject PropertyY,, permit connections to the CITY utility systems, and prescribe the permitted uses
within the requested zoning areas, the parties hereto determine it is to be lia their best interests to
enter into this Planned Unit Development Agreement; and,
WHEREAS, i Use and development of the property is subject to the provisions of the
Section 36 Neighborhood Flan, Jointly adopted by the City of Kalispell and Board of County
Commissioners In 1 ; li the adopted plan is further subject to are environmental impact statement
performed ed under the Montana Environmental Policy Act: (Ili) and further subject to the Record Of
Decision (ROD) which establishes additional parameters to development and iv a Memorandum f
Understanding Mo establishes policy for taxation., local review of projects., and other
development considerations; and,
WHEREAS, AS, .DNRC is requesting annexation of the property into the City of Kalispell with
City of Kalispell Zoning classifications of -5 to be applied to the Mixed Commercial POD, R-5 to
the Mixed Professional POD, and -4 to the Mixed Residential 'OD; and,
2 4`0 4. 0 3
WHEREAS, t is desirous by DNRC to further restrict the allowances of these City of
Kalispell Zoning classifications to the property and to provide additional standards for development
t
consistent with the Flan by applying a PUD overlay to the underlying zoning classifications.
. DEFINITIONS
1.01 Agreement shall mean this Planned .ed Unit Development .t Agreement. between DNRC, and CITY.
1.02 Building Department shall mean the Building Department of the City of Kalispell.
1.03 CITY shall mean the City of Kalispell, Montana.
1.04 City Council shall mean. the City Council of the City of Kalispell, Montana.
1.05 Developer shall mean DNRC, its agents, designees and assigns.
1.06 Director of Public Works shall mean the Director of Public Works of the City of Kalispell,
Montana.
1.07 E eme means the Easement(s) described in §3.04 of this Agreement.
1.08 Section 36 Plan means the Neighborhood plan approved by the City of Kalispell and Board of
Zn
Flathead County Commissioners and as amended by the Record of Decision issued by DNRC o
August 1 , Zoo , all pertaining to the School Trust Lands located in Section 36, ' N-R22W,
Flathead County Montana,
1.09 Mixed Commercial means that portion of the Subject Property generally lying in the NE1/ of
Section 36 and as more particularly described in Exhibit B.
.I.o Mixed Professional leafs that portion of the Subject Property lying generally in the NW 1 of
Section 36 and as more particularly described in Exhibit C.
.11 Mixed Residential means that portion of the Subject Property lying generally in the SWI 4 of
Section 36 and as more particularly described in Exhibit D.
1.12 Sports Fields means that portion of the property generally located in the SE 14 f Section 36
and already zoned P-1 and previously annexed into the City of Kalispell.
1.13 Subject Property or Subject Area means the real property described in Exhibit A.
1. 14 Mem orandum of Un d erstan d ing means a 3-party agreement entered into by DNRC, City of
Kalispell, and Board of Flathead County Commissioners slated April 19, 200 1.
1.15 Final Environmental Impact Statement means a document released as a Final Environmental
Impact Statement (FEIS) by DNRC on July 26, 2001 relative to proposed actions associated with
school triast lands located in Section 36, Township 29 N, Range 22 w, P.M.M., Flathead County
Montana.
1.1.6 Rec r of Decision io means a decision document issued by DNRC on August I L, 200 1, that
identifies selective alter atives related to a JaDd use p a fog' SectjoD36 and a proposal tolease land
in section 36 to construct a business and technology park.
1.17 Substantial Completion shall mean that substantially all of the work to be performed in the
development shall have been performed and the Infrastructure constructed in each Phase are usable
for their intended purposes, as certified by the Director of public works and the Building;
Department, which certification shall not be unreasonably withheld or delayed.
1.18 Infrastructure means all water, sewer and storm drainage systems that will be dedicated to the
public and have been installed in accordance with the Montana public worts Standard
Specifications and the City of Kalispell Standards for Design and Construction. In addition,
Infrastructure shall include roads that are designed and constructed in accordance with the Montana
Public Works Standards for Design and Construction. Said Infrastructure shall consist of various
public utilities and dedicated streets. The Infrastructure required to serve developed facilities and to
provide connection to future phases of development will be identified concurrent t with subdivision
review. Notwithstanding, any o the foregoing, excluded from these terms are: building construction;
parking lot paving; final landscaping in and around the buildings and parking lots ; lighting;
sign.ae; and the service lines to each building.
1.19 Section 36 means land owned by the State of Montana as School Trust Lands (Section 3, T 29
N, R 22 w, P.M.M., Flathead County Montana) and administered by the DNRC and as more
precisely described by Exhibit A.
1.20 School Trust Lands mean lands granted to the state of Montana by the Enabling Act of
February 22,1889 (and subsequent acts) for support of the common schools.
.21 DNRC means State of Montana/Department of Natural Resources and Conservation.
1.22 Applicant shall mean any party assigned by the DNRC that has been provided development
rights by DNRC for any portion of the Subject Property, Applicants shall be granted all appropriate
and necessary rights to allow Applicant to obtain approvals for and construction of such property
designated by DNRC.
I . GENERAL Ev L M[EN AND USE of THE SUBJECT PROPERTY
2,01 Development Overview
(A) Subject to the other provis1ons of this Agreement, any usedcvelopr.ent of the Subject
Property occurring after the effective date of this Agreement shall substantially conform_ to and
comply with the provisions of the PUD Kalispell Zoning of Section 36 and this Agreement with the
documents and drawings annexed hereto.
(B) It is aorreed between the parties, that the development of the Subject property will include
the following:
(1) A land use reap, which identifies three land use pods and a proposed
alignment of internal collector roads to be built in phases as
development occurs (Exhibit ;
(2) A list of permitted uses associated with each land use pod;
3 phasing schedule of development;
(4) Description of Infrastructure as described in the FEIS for use in
planning and bonding purposes;
(5) Annexation of the Subject property into the city limits of Kalispell;
(6) Extension of city water and sever services by DNRC or its assigns to
serve the developed facilities of the Sul ject Property;
(7) Adherence to the Memorandum of Understanding Jointly approved by
the City of Kalispell, Flathead County, and DNRC; and
(8) Compliance with the PUD zoning regulations and City of Kaiispell
Subdivision regulations.
C Development themes for each Laud Use POD being annexed into the City of Kalispell
are as follows:
Mixed Commercial: a district providing a variety of commercial
industries are appropriate and where community design to minimize
the appearance of strip commercial development 1s desirable,
including restriction of allowable uses as might otherwise be
permitted or conditionally permitted in the B-5 City of Kalispell
zoning classification. Strip -type uses characterized by substantial
outdoor storage and display of products, such as car lots and
equipment and trailer sales are specifically excluded. Also
specifically excluded as permitted uses are gaming/gambling
establishments of any kind, including casinos. The range of permitted
uses is intended to permit a variety of uses associated with the retail,
professional services, or technology industries but does not
necessarily limit or restrict opportunities for continued agricultural
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f �0 40 ��tc�a1
operations or practices. However, technology uses are given priority
consideration.
2 Mixed Pr --- ssiona. a district providing opportunities for
development of offices, office parks, and compatible uses in a fashion
that promotes clustering of uses and architectural control, including
but not limited to all uses set forth In Kalispell Zoning ordinance
Classification R-5 and as otherwise modified by this Agreement. The
phasing limitations anticipated by the Section 3 6 Neighborhood Flan
would be modified to encourage development of schools and a
resource agency office park In this POD.
(3) Mixed Residential: a district providing opportunities for development
of residential uses, offices, and other compatible uses in afashion that
promotes clustering of uses and architectural control, including but
not limited to all uses set forth in Kalispell Zoning ordinance
Classification R-4 and as otherwise modified by this Agreement. A
land exchange process will be encouraged to facilitate opportunities
for private ownership and development of this POD. The phasing
limitations anticipated by the Section 36 Neighborhood flan would
be .modified to encourage development of schools in this Poi].
(D) The creation of individual lots or lease lots) will be subject to subdivision review
concurrent with specific project proposals. Subdivision approval will verify compliance with the
provisions of the PUD Agreement and covenants and identify requirements for extension of utility
services. Bonding requirements to guarantee completion of the required infrastructure (roads, water,
seer, etc) will be accomplished via the subdivision approval process. The Infrastructure
requirements as described in the FEIS may be referenced by the City in fixing; any conditions for
subdivision approval. Infrastructure improvements shall accommodate the reeds of future
development within each POD, such as planning for read, water*, and sewer extensions beyond the
immediate project area.
(E) General performance standards applicable to the Subject Property are as .follows:
()Transportation and Parking
a General access to the commercial district beginning at Nest
Reserve Drive and ending 1 mile south along Q.T.S. Highway 93 shall
be limited to no more than 3 approaches. Additional approaches
south of the aforementioned area shall a] so be allowed as approved b
the access -permitting agency. New approaches onto Reserve Drive,
Stillwater Road, and Four Mile Drive shall generally be limited to a
minimum spacing distance of 1,300 feet or as otherwise authorized by
the access -permitting agency;
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h. All uses shall have direct access from the internal road
system. No direct access to a particular use shall be permitted from
the Highway or the other perimeter public roads as listed in la, above;
c. The collector road system shall he as generally shown by
Exhibit E and as more precisely aligned by subsequent engineering
analysis, use pattems, and subdivision review;
d. All roadway improvements shall he built in accordance
with cit'y. of Kalispell road design standards:
e. Roadway design shall include provisions for landscape
boulevards and sidewalks. A hike and pedestrian path system shall
generally follow the internal collector road system with outlet
connections to path systems external to the property, including
connection to the proposed Meridian/ Four Mile Drive bike path,-
f. Lighting shall he shielded and directed downward; and,,
g. Parking space requirements and general parking lot desim
shall he guided by the parking and loading provisions of the City of
Kalispell Zoning Regulations., except as noted herein. Parking lots in
the Mixed Commercial and Mixed Professional PODS may extend to
within 5 feet of any lease iot 'boundary, provided a 5 foot wide
exterior landscape buffer adjoins the extended parking lot. In
locations where the parking lot adjoins a landscaped common area, no
setback from the lot/lease boundary is required.
(2) Landscaping
a. Landscaping, to include lawn, shrubs, trees, and/or rock
gardens, shall comprise all open spaces within the boundaries of the
parent lease lot. Parking lots may extend to within 5 feet of any
lot/lease lot boundary.
1. Buildings in the Mixed Commercial and Mixed
Professional PODS shall he set back a minimum of 20 feet from the
side, front, side corner, and rear of the parent(not s hots lot lease
lines.
c. Parking lots se ling multiple businesses where the area for
parking spaces exceeds a lineal length or width of 20 feet shall
include i temal landscape islands having minimurn dimensions of
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0 4 0
:feet by 18 providing one island for every 15 contl o s ' parkin
spaces wheD such space are located internal to the parking lot (not
abutting the perimeter boundary to the parking lot or stage front.).
The number of contiguous cars per island may increase tip to a limit
of 20 provided that the associated landscape island proportionally
increases in width i.e. a row of 20 cars is a 33 increase over the
maximum 15 space ,standard, therefore the island width would
increase 3 3 .
d. A landscape boulevard having a minimum m width of 4 feet
shall parallel both sides of the collector roads shown on the
neighborhood plan map. Street trees acceptable to the City or
Kalispell shall be planted at 40 to 50 foot intervals as appropriate.
e. Sidewalks or pathways shall connect developed properties
from roadside sidewalks (see le, above) to building entrances in a
continuous manner.
'. All landscaped areas shall be irrigated and routinely
maintained by Developer or its assigns: and
g. An irrigated landscape corridor of at least 20 feet in width
shall parallel the right of way of U.S. Highway 93 adjacent to the
commercial POD. The corridor should include undulating topography
and have a mix of tree plantings with a ground cover o
predominately lawn. A. similar landscape common corridor, 10 feet
in width shall parallel west Reserve Drive and be completed in
phases to correspond with development activity,
h. Landscaped beds and parking lot landscapin.g islands shall
be mulched with either naturally decomposing material (barb.) or
small gravel mulch 1 "'- " rounded river rock mulch is stronely
discouraged). In high traffic areas, an urban design approach to
islands (concrete with trees in grates or patterned/ colored concrete
type designs) 1s encouraged but not required.
3. Building and [lease] Lot Parameters
a. Buildings should not exceed 35 feet above the final grade
in the Mixed Residential POD, 40 feet In the Mixed .Professional
POD and 45 feet in the Mixed Commercial POD. Such height
limitation may be exceeded In the mixed commercial POD by
issuance or a conditional use permit.
b. Applied finishes of buildings shall be predominately earth
tone,*
c. Buildings may have an orientation towards the internal
road system however, if the building "fronts"' in another direction,
four sided architecture shall prevail and the side facing the internal
street s.aiI contain front architecture features and treatment .
d. Ground and wall signs as limited below may be used to
identify a single use lease lot or multiple uses within common
lot l ease area. Ground signs shall have natural earth tones and not he
fabricated primarily of exterior plastic, Plexiglas or similar materials.
The ground sign may have lntemal lighting or sign mounted external
lighting. Shielded lighting may be provided from ground -mounted
fixtures directed towards the sign face. Ground signs may have a
concrete or similar counting base but in no situation shall the total
height of the sign exceed the size and height standards for
frees tanding signs as specified inTab] e I of S ection 2 . . 1d of
the Kalispell Zoning ordinance. In addition, freestanding signs shall
be capped at 24 feet in total height and 120 square feet in total surface
area. There shall be no more than a total of 3 free standing; ground
signs, one for phase one, one for phase 2 and one for phase 3. The
freestanding signs shall be constructed as presented in exhibit IA and
shall only advertise the name of the primary tenant of the phase and
the name of the development. wall suns may have internal lighting
and sham not exceed a sign face area as provided in the City of
Kalispell Zoning ordinance.
e. In situations Involving a commercial or office town borne,
condorniniurn or sublot design., only the parent lot is eligible for a
common ground sign.. Individual uses are eligible for a wall sign if
the use has outside frontage. A common wall sign .may be appropriate
to identify a building having multiple tenants. A common si nage
plan that involves other types of building sinae, such as canopy
inag;e, may be permitted subject to the review and approval of the
City of Kalispell Site Development Review Committee. Residential
uses shall be permitted sinae as otherwise permitted by the City of
Kalispell zoning regulations. All other provisions of the Kalispell
sign regulations shall apply subject to the restrictions set forth herein;
f. The exterior appearance of commercial buildings with
"backs" facing, adjacent, and visible from Highway 93 shall contain
architectural elements found on the "front" portions of the buildings.
Wails and surface planes should be broken up in such a manner as to
2,1f(R'ka?4i393 ii�ty
create a visual interest, avoiding monotony. Notwithstanding
anything contained herein to the contrary, facades that do not have
frontage exposure to US Highway 93 should have appropriate
elements that create visual interest;
. Lease lots with single or multiple buildings shall have
sufficient area to accommodate the size of the proposed building(s)
and required on -site parking plus sufficient area for landscaping
exterior to the building and parking lot (see 2a & 2b, above);
h.. A single lease lot may contain buildings with multiple
tenants and/or uses or be comprised of multiple attached or detached
buildings. In such situations, landscaping, parking, and internal access
shall be common to all buildings within the lease lot; and
i. Commercial buildings or combination of buildings on a
single lease lot exceeding 0,000 s . t. total gross floor area(where
no sub -lots have been established) shall be set back a minimum
distance from. U.S. Highway 93 as Follows: Phase 1 — Soo feet, Phase
2 — 225 feet and Phase 3 — 150 Feet.
. Extension of Services
a. All required services shall be underground, and
b. Annex.ation and provision of city services shall be subject
to the approval of the City of Kalispell.
5. Growth Management
. Development of property shall conform to the general
provisions of. the neighborhood plan consistent with Section
27.22.120, KZo,
b. Phase I (Exhibit B) is the Mixed Commercial Pod.
i. Clustering of uses is preferred to encourage
sharing of reads, parking., utilities, and common
design. However, separation of uses, such as "'large"
from "sell" or "commeroia "' `ro ��industrial"' may
be appropriate within the Commercial POD.
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ii. Development design is intended to avoid
��strip"3 commercial appearance with specific exclusion
of certain uses.
iii. The area of the Mired Commercial Porgy
ill he extended to include the entire NE 1/4of Section
36 and the extended area will he held as a reserve area
for expansion of technology uses beyond the original
POD area as described by Exhibit B - L
iv. That portion of the :mixed Commercial
POD lying southerly of the by-pass aligDme t will
offer leases primarily to business (offices) and
technology uses and compatible le commercial uses,
such as small retail convenience uses (dells,
restaurants, copy shop, "wired" motel, etc). Retail
stores exceeding 10,000 square feet per store front
will not he permitted. No retail will he permitted until
at least 20,,000 square feet of nog. -retail space is leased
and operating within the POD.
v. Expansion of business and technology uses
into the expansion area will not he permitted until at
least 0% of the originally -sized Mixed Commercial
POD is leased for deveiopme .t.
vi. If business and technology uses fail to
achieve a 40,000 square root floor area leasing
threshold within 5 years following execution of this
agreement, or if the proposed business and technology
park as proposed by Hampstead Partners fails to
proceed within 2 years following the execution of this
agreement, then the original Mixed ed Commercial and
Mixed Professional boundaries (Exhibit shall he
restored and the retail restrictions removed to permit
all the uses listed in Section 2.02 of this Agreement.
The City agrees that if the proposed business and
technology park, as proposed by Hampstead Partners
`ails to proceed within I year following the execution
of this agreement, ent, it shall provide marketing
assistance to the Developer to achieve the goals set
forth above.
vii. If business and technology uses fail to
achieve a 10,000 square feet floor area threshold
within 10 years following the execution of this
agreement , then the boundaries of the original Mixed
Commercial POD (Exhibit B) shall be restored and
the retail restrictions removed to permit all the uses
listed in Section 2.02 of this Agreement.
c. Phase I1(Exhibit Q is the Mixed Professional POD.
1. Clustering of uses is preferred to encourage
sharing of roads, parking, utilities, common design.
and to prevent a scattered development pattern within
the POD.
ii. lnfill of developed uses, with some
exceptions, such as schools, agricultural facilities, and
equestrian facilities, shall be from east to west. The
"Section 36 Neighborhood Flan Map" also designates
n area along Stillwater Rod that is excluded from
nonagricultural development until the year 2010.
Schools and a natural resource agency campus may
build at any time within the Mixed Professional POD,
including the deferred development area.
iii. Development of non-agricultural uses
shall be restricted to no more than % of this Pots
until at least. 0% of the Mixed Commercial POD
(Exhibit is leased for development. t. School, agency
campus, and equestrian facilities may be permitted at
any time and are not subject to the o calculation.
iv. That portion of the NE 1 of Section 3
lying within the Mixed Professional POD may be
added to the area of the Mixed Commercial POD as
described i b above. The amended legal
description of the .mixed Commercial POD is
described in Exhibit C- L The infill pattern of the
Mixed Professional POD would need to reflect this
reserve area for the future expansion of the Mixed
Commercial Pots.
d. Phase 111 is the Mixed Residential POD.
1. Clustering of uses is preferred to encourage
sharing of roads, parking, utilities, common design,
and to prevent a scattered development pattern within
the POD.
il. Iul:lll of developed uses, with some
exceptions, such as schools, agricultural facilities, and
equestrian facilities, shall be from south to north or
from east to vest. The "Section 36 Neighborhood
Plan lap" also designates an area along Stillwater
.load that is excluded from nor -agricultural
development until the year 2010. Schools may build
at any time within the Mixed Residential POD,
including the deferred development area.
ill, Development of non-residential and non-
agricultural uses shall be restricted t no more than
o of this POD until at least % of the .mixed
Professional POD is leased for development or 50
of this POD is occupied by residential uses, whichever
comes first. This limitation does not apply to public
facilities.
. Supplementary Regulations
a. Accessory uses shall be permitted as appropriate to a
particular use and as generally set forth in Section. 27.22,0o et sect,
KZ. Subsections 2a and 2b of that section of the KZO shall
generally apply to residential uses within any por ion of Section 36.
Subsections 2d and 2e,, KZO, would apply as appropriate to non-
residential uses in any portion of Section 36.
b . The greenbelt provisions of Section 2 , 22. o o shall be
interpreted and applied concurrent with subdivision review.
c. If a single lot/lease lot contains buildings with multiple
tenants and/or uses or is comprised of multiple attached or detached
buildings, landscaping, parking, and internal access shall be common
to all buildings within the lot.. This provision shall of apply to lets
approved for single family dwellings.
d. The creation of sublots(including for purposes of leasing
may be appropriate In situations involving residential, commercial,
office, and industrial uses.
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e. All other provisions of the Chapter 27.22 of the City of
Kalispell Zoning Regulations shall apply.
(F) Covenants: Draft covenants are attached as Exhibit F. Prior to construction of
any building improvements or concurrent with subdivision review, final covenants
shall be completed and recorded. The City shall review the covenants
with this PUD Agreement and shall revise the covenants as necessary to comply with
the conditions of approval of the PU . Notwithstanding i the foregoing, the applicant
may prepare their own separate Easements, Covenants, Conditions and Restrictions,
ECC&R" s between the DNRC and the Applicant.
2.0.E Uses
A The uses allowed in the PUD shall be those uses generally allowed under the following
zoning classifications and as otherwise limited herein:
Mixed Commercial PO — Zoning Classification -
2 Mixed Professional Po Zoning Classification RM
3) Mixed Residential Po Zoning Classification R-
B The Mixed Commercial POD is limited to the following permitted uses.
Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2 automobile service (fuel, wash, mechanical repair, tires, etc)
3 .barber & beauty services, massage parlor, etc
Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons, educational
research or incubator facilities, etc)
6) Financial services and 'institutions (barks, credit unions, mortgage
companies, savings & loans, etc)
Healthcare (medical offices/clinics, dental/orthodontic, in-
patient/outpatient facilities, pharmacies, diagnostic services and
treatment, etc)
8) office, professio l overn.r. ental
Park, private or public (may include open space, trails, passive or
developed facilities, etc)
1.0Public assembly buildings fassembly balls, coliseums, stadiums,
convention center, etc)
11) Public or quasi public buildings/structures fir law enforcement
stations, community /homeowner facilities, water tower, electrical
distribution/stations lies, telephone relay equipment, etc)
1
2 CO 0 I -A+ 0'
12) Radio television broadest stations* inter..et companies, etc
3 Recreational facilities, outdoor/indoor, private/public or quasi -public,
commercial/non-commercial tennis coats, bowling alley, golf
course, ice skating arenas, ball fields, swimming pool, zoo,
amusement park., community center gym, health/fitness club, driving
rage, etc)
4 Research, technical, or business parks (may include indoor assembly
of parts, limited outdoor storage, product distribution)
5 Restaurant (deli, bakery, fast food, sit-down, beverage shop, drive
through, etc) and incidental casino use. Incidental casino use.
Incidental casino use is limited to 5 of the gross floor space of
fully boni ide, freestanding restaurant facility as opposed to a gas
station —restaurant -casino arrangement for example). The casino floor
plan must be visually separate from the primary use of the building as
a restaurant. There can be no outside indication of a casino or gaming
activity including signage in a window. on the building or the premise
and no excessive lighting or attraction to indicate such a use. This
ineJudes but not limited to reference to words or symbols s associated
with the gaming industry such as gambling, gaming, poker, chance,
casino, live betting, daily take or pot, card game, dice, $, etc.
1 Retail Facilities/enterprises (clothing, convenience, food, sporting,
book, office products, drug, computer, phone, hardware, tire,
plumbing, electrical, furniture, art, household, gifts, mall, warehouse
discount, etc)
1 Tourist accommodations (motels, hotels, bed & breakfast,
campground, recreational vehicle park, etc)
1 veterinary services and facilities
1 Worship ip buildings (churches, synagogues, etc)
—14—
20040q3I (0-C-) 10
(C) The Mixed Professional POD is limited to the following permitted uses.
1 Agriculture (farming, livestock, riding academics, stables,
horticulture, nursery, etc)
2) Automobile convenience (fuel, wash, & convenience retail, only, i.e.
no mechanical service)
3 Barber & beauty services, massage parlor, etc
4 Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons, educational
research or incubator facilities, etc)
6) Financial services and institutions (barks, credit unions, mortgage
companies, ies, savings & loans, etc)
7) Food/grocery sure
Healthcare (medical office seli ics, dental/orthodontic', in-
patient/outpatient facilities, pharmacies, diagnostic services and
treatment, etc)
9 Office, professional/governmental
1 Park, private or public (may include open space, trails, passive or
developed facilities, etc)
11) Public or quasi public buildings/structures (fire/law enforcement
stations, community homeowner facilities, water tower, electrical
distribution/stations lines, telephone relay equipment, etc)
12 Radio/television broadcast stations, intemet companies, etc
13 Recreational facilities, outdoor/Indoor, private/public orquasi-public,
commercial/non-commercial (tennis courts, bowling alley, golf
course, lee skating arenas, ball fields, swimming pool, zoo,
amusement park, .community center gyre, health/fitness club, driving
range, etc)
14 Restaurant (excludes food drive -up service but permits drive -up
beverage service and take and bake establishments and sit-down
facilities
1 5 Retail enterprises less than 3000 square feet in gross floor area
(excludes tavern, gaming, or casinofacilities/operations)
1. Veterinary services and facilities
1 Worship buildings (churches, synagogues, etc)
All other uses otherwise listed as permitted or conditionally permitted in the R-5 zoning
classification may be considered only as conditionally permitted uses in the Mixed Professional
POD.
(D) The Mixed Residential POD is limited to the following permitted uses.
1 Agriculture fanning, livestock, riding academies, stables,
horticulture, nursery, etc)
2 Educational facilities (services/facilities for pre -K or K- 12 only)
3 office, professionalgovern.rnental
4) Farb, private or public (may include open space, trails, passive or
developed facilities, etc)
5) Public or quasi public buildings/structures fire law enforcement
stations, community /homeowner facilities, water tower, electrical
distribution stations lines, telephone relay equipment, etc)
) Recreational facilities limited to non-commercial facilities)
7 Residential (day care or day care centers; dormitories or fraternities
(college); dwellings: single family; duplex; or multi -family;
manufactured home park (class ""A"' only); Nursing homes and elder
care,- retirement home, etc)
) worship buildings (churches., synagogues, etc)
All other uses otherwise listed as permitted or conditionally permitted In the R-4 zoning
classification may be considered as conditionally permitted uses in the .died Residential ID.
(E) Property development standards for the Mixed Commercial POD relative
to 1) minimum lot area, ) minimum lot width., 3) minimum yards, ) maximum
building height, 5) permitted lot coverage, ) off-street parking, and maximum
fence height shall he consistent with Section 7.17. 40, City of Kalispell Zoning
Ordinance Z unless otherwise specified herein by the listed performance
standards or by language within the adopted neighborhood plan. (see Section
27.22.120, KZ ).
(F) Property development standards for the Mixed Professional POD relative
to 1 minimum lot .area, 2) minimum lot width, 3 minimum yards, maximum
building height, permitted lot coverage, ) off-street parking, and 7) maximum
fence height shall be consistent with Section 27.08.040,1 City of Kalispell Zoning
Ordinance KZO) unless otherwise specified herein by the listed performance
standards or by language within the adoptedneighborhood plan (see Section
.I l f .mow+ .r • . .2 � ZO)i
(G) Property development standards for the Mixed Residential POD relative
t 1) minimum lot. area, 2 minimum lot width, 3) minimum yards, ) maximum
building height, permitted lot coverage, ) off-street parking, and 7) maximum
fence height shall be consistent with Section. 27.07.040, City of Kalispell Zoning
Ordinance KZ unless otherwise specified herein by the listed performance
standards or by language within the adopted neighborhood plan (see Section
7.2 .1.20,j KZ .
—16—
2 0 0 4. 0 9 3 � (C-C-nc)
(H) NC or Applicant shall require all proposed uses developments and
buildings to be subject to architectural review in accordance with a separate
Agreement between the t N C and the Applicant. A staff representative form the
City of Kalispell shall serve on the committee in an advisory capacity at its
discretion. All structures shall conform to the relevant city of Kalispell Building
. epaiiment regulations. Architectural consistency between ui d ng t etis with each
POD is desired. (Since development of this property is likely to expand over several
decades and styles change, some flexibility in design is desirable and expected.) The
covenants establish architectural review authority for all proposed uses.
1. Landscape features are an important component of the developed
properties. Landscaping is intended to complement the travel ways,
parking lots, buildings, lots, and common areas see 2.01E , (2),
and of this Agreement).
2) Landscape materials shall be comprised of ornamental and native
plant species common to the general community. Boulevard trees
shall bc consistent with the approved species list of the City of
Kalispell.
3) Exterior lighting along travel ways and parking lots should be
directed downward. Ornamental lighting along pathways and parking
lots is encouraged. Low intensity lighting (exterior) may be
appropriate to add architectural interest to certain features of a
building face or building si na e. Lighting directed upward to
illuminate tree canopies or building overhangs may provide attractive
accents.
4) Signage on buildings is intended to be complimentary to the building
design and add architectural interest to the structure. Common
si na e, including entrance signage, is intended to be low profile and
comprised of materials complimentary to the building structures (see
Section 2.01 E of this Agreement).
5 Building design is an important consideration in helping to define the
quality of the built environment. Each land use POD allows a Unix of
different land use types. Landscaping and other common features
will provide one form of community linkage and identity. The other
linkage will be building architecture. In general terms, all
commercial buildings should seek to have architecturally enhanced
facades and broken roof and wall lines to minimize monotony of
design.. Expectations of gilding design common to all land use types
will include the following components.
a. Exterior wall colors should harmonize with the site
and surrounding ildin s. The pre -dominate tone o
building; faces should tend toward warm earthy hues, whether
P, 00409 3
in the natural patina or weathered color of the gall surface
itself or the color of the paint stain or other coating. The
color of concrete products on building faces should be not be
achieved from painting the surface. The use of materials such
as wood, brick or stone for trim material is encouraged.
b. Large, rectangular masses should be avoided
by incorporating offsets in the wall and roof. A change in the
plane of the walls, changing the direction or providing some
variety in the roof form gives diversity and visual interest.
Facades greater than 120 feet in length shall have variation
and interest in the wall. Among other things, major
landscaping, significant tree planting, use of color or building;
materials or architectural treatments would be in order.
c. Commercial buildings (non-residential) should
place an emphasis on entry. Entries should be a. prominent
component of the building face by providing are architectural
covered or recessed entry with modified roof accent and
increased usage of windows and trim.
. All residential roofs must be pitched. Commercial
roofs may be pitched or flat. Brightly colored roof material is
prohibited as are reflective metals. All roof mechanical
systems shall be shielded from view from. "- "' above ground
plane of US Highway 93 as seen at a 90 degree angle or
incorporated into architectural features. Roof design shall
incorporate architectural relief if building foot print size is
greater than 20,000 square feet.
e. Extensive use of windows is encouraged to break
up building planes or add architectural interest to building;
Facades or other walls facing public view.
f. Franchise architecture �s may be subject to
modification to achieve the sign, color, and building style
objectives set forth by this agreement. ent. Colors and materials
of franchise architecture shall be similar to or compatible ble with
the materials and colors of Spring Prairie Center as identified
in a separate Agreement between the DNRC and the
Applicant.
_18—
. Architectural elements of the front of the building
shall be incorporated into the back of b.lclms when the back
of the building is visually accessible from U.S. Highway 93.
2.03 ownership
The State of Montana may retain ownership of the Subject Property o ]eased parcels for the
development and use by third parties. This Agreement is binding on the owners, successors and
assigns inclusive of lessees of the property described in Exhibit A attached hereto.
2.0Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Agreement and attached drawings or
the PUD Application of DNRC, the lags, rules, and regulations of the City of Kalispell goveming
the use and development of land and buildings, including the Kalispell Zoning Ordinance as it now
exists or as amended, shall apply to the Subject Property.
2.05 Effectivieness
The provisions of this Agreement shall become effective simultaneously with approval of the
PUD Ordinance.
111. SITE CONDITIONS
3.0Development
The Subject :property shall be developed in substantial compliance with the Section 36 flan
and as further described by the Record of Decision issued by DN C on August 10, 2001 and as set
forth in this Agreement.
3.02 Access
(A) Primary access to the Subject Property shall be as shown on the land use map
(Exhibit E) of the Plan.
(B) N C has completed a comprehensive sive traffic impact study, which identifies all
expected traffic impacts and proposals for mitigation.
(C) or its assigns or Applicant will obtain all required access permits from
the Montana Department of Transponation and/or Flathead County Road Department
and CIFFY prior to development of any uses that require access to a particular public
road.
20040q,3ltc�tC
(D) DNRC agrees to be responsible for all required traffic tarn lanes, traffic signals,
and other regulatory si ns and signals directly pertaining to ingress and egress to and
frorn U.S. Highway #9,vest Reserve Drive, Stillwater Road and Four Mile Drive
indicated by the traffic study.
(E) All primary and secondary entrances shall be completed to CITY standards prior
to occupancy permits being issued for any site utiliziDg said entrances for access.
(F) Emergency fire, ambulance, police and public vehicle access shall be at all tines
available through said primary and secondary access without impediment.
3.03 Internal Roadways and Sidewalks
A DNRC acknowledges that the development of the Subject Property includes
development, at DNRC' s expense, of internal roadways providing access to the lots
within the 'LTD.
(B) DNRC a.ees that the interior roadways within the PUD shall be constructed to
CITY standards with. Curb, gutter, and sidewalks , in accordance with the proposed
Site drawings and applicable City Standards for Design and Construction for local
and collector streets. A paved pedestrian/bike path will generally follow the collector
roads .
(C) DNRC agrees that they will dedicate all internal streets and sidewalks to the City
of Kalispell upon co.Mpletion.
3.04 Sewer and Water
A Sanitary. sewer service to the Subject Area shall be accomplished by an
extension of the existing Municipal sewer system.
(B) water service to the Subject Property shall be accomplished by extension of the
existing Municipal water system.
(C) f a well .is used on the premises, it shall not in any way be connected to the
CITY Y water supply system without prior consent and approval by the City of
Kalispell.
(D) All sanitary sewer and water mains shall be designed and installed in.
accordance Fish the City of Kalispell"s Standards for Design and Construction.
(E) All utility Infrastructure located within the subject Property shall be dedicated to
the public upon completion.
A 0 0 -40 93 itoal0
(F) 1 NRC agrees to obtain all necessary easements for the extension of water and
sewer to the Subject Property. 1.n addition, 1 NRC will grant to CITY any and all
easements necessary for CITY to perform maintenance of water and sewer lines
installed pursuant to the Agreement..
(G) In the event that CITY requires installation of stater and or sewer lines larger
than those required to service the reeds of DNRC as set forth in its total
1 frastruc re requirements delineated at -the reference ..01 , them CITY shall
pay only those costs associated with the. increased utility main sizing or extension.
(H) In no evert shall this Agreement be construed as to require CITY to complete
installation of Infrastructure and other improvements or the Subject Property, or o
any portion thereof, during any phase of development of the Subject Property.
(1) Following completion of installation of the sever and water lines on the Subject
Property by DNRC, it is agreed that the said utility lines shall be maintained by
CITY in accordance with CITY maintenance policy and standards. However., service
lines to in di vi d ual buildings or site shall remain underprivate ownership and shaft be
privately maintained.
3.05 Storm Water
(A) Storm Water retention, drainage, and disposal shall be designed in accordance
with regulations of the CITY and the Montana Department of Enviromental Quality,
and such other City, State and Federal �`storrn water requirements" as are it existence
and made applicable to the property at the time of the construction of any
improvement.
(B) Storm Water will not be retained, treated or discharged off -site.
3.0Site Grading;
(A) Prior to commencement ent of site grading, I NRC agrees to obtain an Air Quality
Construction and Demolition. Permit from the Director of Public works, and to
comply with the terms and conditions of said Permit during construction including
hauling of material to and from the site.
3.07 Fire Suppression
(A) Prior to the Building Department issuing any permit for any foundation or
building within the PUD, the Fire Chief for CITY .must certify that I NRC has
supplied a fire site access plan for the Subject Property and are engineered internal
—21—
2004��� ffo216
fire suppression system for the buildings to be constructed on the Subject roperty'.
which will be in accordance with the Uniform Fire Code and will be acceptable to the
Fire Chief.
B) DNRC agrees to install hydrants, water mains, supply and storage units in
accordance with City of Kalispell Standards and to obtain approval thereof prior to
construction from the City of Kalispell Fire Chief.
3.08 Landscaping
-(A) In addition to the per onnance standards related to landscaping, subdivision
review will consider the landscaping and common area features of all proposed
development.
B Street trees will be placed at 0-foot intervals along both sides of the i temal
roadways except where they immediately abut a parking lot island or planter or abut
building fronts. Street trees are to be a minimum of 2 -14 inch caliper at planting.
C Landscaping along Highway 93 and West Reserve Drive will include street trees
placed at 0-foot intervals, which are a minimum of -14 inch caliper at planting.
(D) The overall landscape plan shall be coordinated with the Kalispell Bars and
Recreation Director as to the exact size and location of the plantings and the species
lists. This plan shall be attached hereto as an addendum.
(E) All refuse areas shall be screened from public view.
IV. CITY SEWER/WATER CONNECTION FEES
4,01 Connection Fee Schedule
(A) Connection fees for connection to the CITY Water and Sever utility will be
determined in accordance with City Standards and fee schedules for connection fees,
in effect at the time of the application for a building permit..
(B) or its successors and assigns which own the property at the time of
applying for a Building Permit, shall pay the connection fees associated with the
utility connections at the time of obtaining the Building Permit for each structure.
This provision is to assure that the fees are paid at the time of applying for a Building
Permit and is not to be construed as to prohibit DNRC from requiring reimbursement
or advance payment of the cost from any potential tenant or purchaser.
C) DNRC may be entitled to reimbursement of a portion of the costs of installation
and extension of water and sewer utilities from future users who connect to extended
—22—
2,004-003 J(O 2-1 0
grater and sewer facilities. If DNRC anticipates the need for reimbursement of cost,
DNRC's engineer shall prepare a preliminary design and report that details the
proposed facilities and the estimated proposed reimbursable casts and wi I I submit
said design and report to the CITY for review and concurrence in advance of
construction. Costs shall be recovered through a developer's extension agreement and
will be subject to the following conditions.
1) No reimbursement will be allows for any costs associated
with meeting the utility requirements for development of the Subject
Property. These casts shall be determined by DNRC's engineer and -
shall be submitted for review and coricurrence by the Director of
Public Works. Said costs shall be the actual costs of construction,
inclusive of engineering and inspection costs, and shall be submitted
as specified within thirty 3 clays of substantial completion of the
work.
2 No reimbursement will be allowed for any costs of
extension of grater and severer facilities, or increases in size tbereo,
for which the CITY has agreed to provide reimbursement as
described elsewhere n this agreement.
3 Costs associated with extensions of water and sewer
facilities to future users shall be determined by DNRC's engineer and
shall be provided to the Director of Public Works for review and
concurrence that said casts are appropriate for reimbursement. Said
costs shall be the actual costs of construction, inclusive of
engineering and inspection costs} and shall be submitted as specified
within thirty days of substantial completion of the work.
4) A developer's extension agreement shall be prepared by
DNRC's engineer and submitted to the Director of .public Works for
review and concurrence. The agreement shall identify the casts to be
reimbursed, the properties benefitted by the extended utilities, and the
proportionate cost to be reimbursed by each benefitted property upon
connection to the extended utilities. The agreement shall identify the
recommended method for apportioning reimbursable costs between
the benefitted properties. Said method shall be the same for all
properties. The term of this agreement shall not exceed a period of
seven years.
5) Upon concurrence} the Director of Public Works shall
submit the proposed developer's extension agreement to the Kalispell
City Council for approval.
—23—
200409 3 I <; 2 f �7
6) Future extensions by the CITY of utility facilities covered
by this PUD agreement shall not be subject to the cost reimbursement
outlined in this section.
V. AME, N ENT OR MODIFICATIONS of AGREEMENT
5.01 Amendment or Modification Procedures
This Development Agreement may be amended or modified only by application of INRC, i
accordance with the procedures set forth herein. Applications .for amendment or modification may be
made to the City of Kalispell Site Review Committee.
(A) Modifications of this agreement and the attachments hereto which are deemed
by said Site Review Committee to be minor modifications shall require only the
consent of the Site Review Committee and shall not require the consent of the City
Council or any other public agency.
(B) AJJ amendments and modifications of this Agreement, other than minor
modifications, shall require the approval of the City Council,
(C) All applications for modifications or amendments of the Agreement shall b
filed with the Site .Review Committee and the Site Review Committee shall
promptly, within 10 days, determine whether the modifications are major or minor.
D The Site Review Committee shall make its determinations with respect to any
application for -minor modifications subject to this Section within. 15 days after it
determines the application to be subject to said minor modification.
(E) f 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 4.5 days after it determines the matter to require Council
review.
(F) I NRC may appeal the .decision of the Site Review Committee to the City
Council, who may affirm, reverse or modify the site Review Committee decision.
—24—
of MISCELLANEOUS
.01 Severability
In the evert that any -provisions of this Agreement shall be deemed, decreed, adjudged or
determined to be invalid or ufflawful 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.
.02 Recordation
Tis Agreement shad be recorded in the Office of the Flathead County Clerk and Recorder.
.03 Entire Agreement. Primacy
This Agreement and the attachments, exhibits, plans, and reports referenced herein constitute
the entire Agreement between the parties and may only be amended as set forte herein. In the event
during the term of this Agreement, there is a variance between the provisions of this Agreement and
any drawing or document submitted prior to execution of this Agreement, this Agreement shall take
precedence.
6.04 Integration
This Agreement, together with any attached exhibits and any addenda or amendments signed
y the parties, integrates all negotiations and previous agreements between the parties and supereedes
any other written or oral agreements or representations between the parties. This Agreement can be
modified only in writing., signed by all parties hereto.
6.05 .finding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties, heirs,
successors and assigns.
Dated this 2nd day of February, Zoo,
DEPARTMENT OF NATURAL RESOURCES
.ion A. Dahlbergg
Area ana er, Northwestern Lan Office
—25—
CITY OF KA IS E L
By-,
Chris A. Kukulski
City Manager
STATE OF MONTANA )
ss.
County of Flathead )
.Attest:
0
Theresa White
City Clerk
s
On thI s,. j day o 6� 2004, before rye the undersigned, a Notary Public for the
State of Montana, personally appeared � known to me to be the
authorized representative for the Department of Natural Resources, the person whose name is
subscribed to the foregoing instrument and acknowledged o me that he executed the same on behalf
of the said -entit .
r
Notary Public for the State of Montana
Residing at Ekrel'q
My Commission Expires- - 5- Z'06
STATE OF MONTANA
County of Flathead
On this day of 2004, before me the undersigned, a Notary Public .for the
State of Montana, personally appeared Chris A. Kuuski, known to me to be the City Manager for
the City of Kalispell, and Theresa White, the City Clerk for the City of Kalispell, the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that they executed the
same on 'behalf of the City of Kalispell.
SEAL
7F0F140N�T_A1%J4 CCUNrIOFzZA7-PEXZ��
OF M LA) 7 7-C 1? 6 f-6 KD 5 0/ FZ -, � V
4 L 4V T Y, '5 7,-'4 7 _E OPM ON TA Wk A r 7w
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60
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