03. Final Plat - Timberwolf Center Phase 1BPLANNING FOR THE FUTURE
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Final Plat for Timberwolf Center, Phase 113
MEETING DATE: April 6, 2009
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
BACKGROUND: This is a request for final plat approval of Lot 2 of the Timberwolf Center (Phase
113) commercial subdivision. The 1.7 acre lot will provide a location for the new Emergency
Communications Center. Lot 2 is located east of the new Department of Natural Resources and
Conservation (DNRC)/Department of Environmental Quality (DEQ) campus. The property is
located in 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 March 17, 2008 subject to 25 conditions of approval.
At this time no major site improvements have been completed. A Subdivision Improvement
Agreement (SIA) has been submitted for the infrastructure required to serve the subdivision and a
letter from the County Commissioners insuring the voter approved bond includes the necessary
funding to construct the public infrastructure associated with Lot 2. The SIA provides an amount
of $145,750 (125% of the estimated cost) to complete the public infrastructure improvements by
June 30, 2010. The SIA includes items such as the continued road construction of Timberwolf
Parkway including drainage, sidewalks, curbs, gutters, sewer, water, and boulevard landscaping.
RECOMMENDATION: A motion to approve the final plat for Timberwolf Center Phase 113 and to
accept the Subdivision Improvements Agreement with the securities totaling $145,750 would be in
order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitt
Sean Conrad
Senior Planner
Report compiled: March 31, 2009
My Webb
Interim City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
Return to:
Theresa White
Kalispell City Clerk
201 1st Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this I A M day of ,�l , 20 Qq , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and FLATHEAD COUNTY, a Public Government entity located at
800 South Main Street, Kalispell, MT 59901, Party of the Second Part and hereinafter referred to as
DEVELOPER.
W ITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Timberwolf Center Phase 113, (Name of Subdivision) located at 625 Timberwolf Parkway and,
WHEREAS, the City has conditioned it's approval of the final plat of Timberwolf Center, Phase 113,
upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all
improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to
bond for the completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of $145,750.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $145,750. Said Letter of Credit
or other collateral shall have an expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $145,750 the estimated cost of completing the
required improvements in Timberwolf Center Phase 1B.
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in
the letter;
2. That said required improvements shall be fully completed by June 30, 2010.
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City
for their construction and that the Developer warrants said improvements against any and all
defects for a period of two (2) years from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the required
time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
Flathead County
(Name of Subdivision/Developer/Firm)
byP
(Name) (Title)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this I day of , 20 Qq , before me, a Notary Public for the State
of Montana, personally appeared �- 1A ) , LA , known to me to be the
of 60- VI —on , whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
fm�t above written.
ern% DIANA KILE
Notary Public fo the State of Montana } aoT�R NOTARY PUBLIC-MON Fontana
Printed Na MCP SEAS; Residing at CoNA
lumb a Falls, 2012
P2 my Gomm. Expires August 27.
Residing at srr
My Commission Expires _Rt'1UKfAT7 Iola
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically
includes the following improvements, their
projected construction completion date and
estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED
PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION
COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving
X
6/30/2010
$ 38,000
0
Street Base
X
6/30/2010
$ 26,400
0
Sidewalks
X
6/30/2010
$ 5,100
0
Curbs and Gutters
X
6/30/2010
$ 7,000
0
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
r ;,;.;,.
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees
Other ( )
X 6/30/2010
X 6/30/2010
X 6/30/2010
X 6/30/2010
$14,000
$ 5,000
$ 7,500
$ 3,000
SUBTOTAL $106,000
FEES $ 10.600
TOTALS COSTS $116,600
TOTAL COLLATERAL (TOTALS COSTS X 125%) $145,750
1
N
Re: Final Plat for Timberwolf Center, Phase 113
Dear Myrt:
This is a request for final plat approval of Lot 2 of the Timberwolf Center (Phase 1B)
commercial subdivision. The 1.7 acre lot will provide a location for the new Emergency
Communications Center. Lot 2 is located east of the new Department of Natural
Resources and Conservation (DNRC)/Department of Environmental Quality (DEQ)
campus. The property is located in 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 March 17, 2008 subject to 25
conditions of approval.
At this time no major site improvements have been completed. A Subdivision
Improvement Agreement (SIA) has been submitted for the infrastructure required to serve
the subdivision and a letter from the County Commissioners insuring the voter approved
bond includes the necessary funding to construct the public infrastructure associated
with Lot 2. The SIA provides an amount of $145,750 (125% of the estimated cost) to
complete the public infrastructure improvements by June 30, 2010. The SIA includes
items such as the continued road construction of Timberwolf Parkway including drainage,
sidewalks, curbs, gutters, sewer, water, and boulevard landscaping.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Condition 1. Development of the subdivision shall be platted in substantial compliance
with the preliminary plat as amended and approved which governs the location of lots and
roadways within the subdivision and shall be in compliance with the adopted Spring
Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie
PUD).
• This condition is met. The final plat has been prepared in general compliance with
the preliminary plat approved in March of 2008.
Condition 2. Prior to any excavation or earthwork, a City Stormwater Management
Permit shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application, site map,
narrative describing the best management practices to be used and a completed checklist.
In addition to the City Stormwater Management Permit the developer shall submit a copy
of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and
Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project
engineer shall certify that the development is in compliance with the approved City
Stormwater Management Permit. (Ordinance 1600 and Findings of Fact, Section C)
This condition is met. The project has an approved State NOI and SWPPP permit.
Prior to issuance of a building permit the developer or their contractor will be
required to obtain a city stormwater management permit.
Prior to final plat:
Condition 3. The project site's frontage along Stillwater Road (as well as frontage along
the Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway
shall be improved in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards; and shall be certified by an engineer
licensed in the State of Montana. All design work shall be reviewed and approved 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, street trees,
boulevard and sidewalk and shall be installed along Stillwater Road and Timberwolf
Parkway. New infrastructure shall tie into the existing street infrastructure. Note:
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the bike/pedestrian path to the north on the Forest Service lease site is required.
Additionally, sidewalks and landscaping other than seeding are not required on the
southern portion of Timberwolf Parkway. (Findings of Fact, Section D)
• This condition was met as part of the final plat approval for Timberwolf Center
Phase IA.
Condition 4. Stillwater Road shall be improved and include a bike/pedestrian path from
the south boundary to the north boundary of the State Trust Land property and to the
north boundary of the Forest Service lease site should bonding be in place at the final plat
stage of Phase IA of the proposed project. If no bonding is in place, the frontage along
Stillwater Road shall be improved, including a bike/pedestrian path, along the entire
frontage of the School Trust Land site prior to final plat of Phase IA. The improvements
must be completed within 18 months of preliminary plat approval. (Findings of Fact,
Section D)
This condition was met as part of the final plat approval for Timberwolf Center
Phase IA.
Condition S. An additional 10 feet of right-of-way shall be dedicated along Stillwater
Road. This additional right-of-way shall be shown on the face of final plat map. (Findings
of Fact, Section D)
This condition was met as part of the final plat approval for Timberwolf Center
Phase IA.
Condition 6. Access directly from Phase IA, Lot 1 onto Stillwater Road is prohibited.
(Findings of Fact, Section D)
2
• This condition was met as part of the final plat approval for Timberwolf Center
Phase IA.
Condition 7. A Traffic Impact Study shall be completed to address traffic volumes
potentially generated by the Timberwolf Center and suggested design and any required
mitigation shall be incorporated. The Traffic Impact Study shall be submitted for review
and approval to the Public Works Department prior to submittal of the intersection and
road upgrade plans related to the Timberwolf Center project. This must be completed for
the Timberwolf Center (phases 1 and 2) prior to final plat for Phase lA of the Timberwolf
Center project. (Findings of Fact, Section D)
• This condition was met as part of the final plat approval for Timberwolf Center
Phase IA.
Condition S. The intersection of Stillwater Road, Farmstead Parkway and Timberwolf
Parkway shall be completed prior to final plat approval of Phase IA. The design and
construction shall be coordinated with the Starling development to ensure efficient and
safe completion of the intersection. Note: Additional land may need to be acquired to
accomplish a suitable fully functional intersection. (Findings of Fact, Section D)
® This condition was met as part of the final plat approval for Timberwolf Center
P'k 1 A
Condition 9. Timberwolf Parkway shall be graded and constructed in a manner that
would allow any future connection to the property to the south feasible. (Findings of Fact,
Section D)
• This condition is met. The approved construction plans show appropriate grades
for Timberwolf Parkway.
Condition 10. Water and sewer main extension shall be reviewed and approved by the
Kalispell Public Works Department. The plans shall be reviewed and approved for
facilities that serve Lot 1 (Phase 1A) and Lot 2 (Phase 113) of the School Trust Land site
prior to final plat of Phase 1 of the Timberwolf Center project. (Findings of Fact, Section D)
• This condition is met. A letter from Frank Castles, Deputy Public Works Director,
dated March 20, 2009 approves the construction plans and specifications for lot 2
Condition 11. Easements for water and sewer lines shall be dedicated to the City of
Kalispell and shown on the approved utility plans for facilities serving lots 1 and 2 of the
Timberwolf Center project. The easement widths shall meet the requirements of the
Kalispell Public Works Department. (Findings of Fact, Section D)
• This condition is met. The utility easements are dedicated to the City of Kalispell on
the final plat and meet the department's requirements.
Condition 12. The water rights allocated to the developer (owner), both surface and
ground, shall be transferred to the city to the fullest extent possible in compliance with
applicable statutes and regulations with the filing of the final plat of Phase 1A, Lot 1, to
insure the orderly accounting of water rights and to protect the future water need of the
3
City of Kalispell for its users. A rectangular easement shall be provided along the south
boundary of Phase 113, Lot 2 encompassing the existing well site. This easement shall be
large enough to contain a well house approximately 26 feet by 24 feet with due
consideration to the setback limits imposed by the zoning requirements. In addition
within the same easement, a clear space of 20 feet shall be provided around the well head.
A well head protection zone shall be provided and shown on the final plat of lots 1 and 2.
This well head protection zone shall meet the requirements of Montana Department of
Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24,
2006 Edition). Findings of Fact, Section D)
This condition is met. A Memorandum of Agreement between DNRC and the City of
Kalispell Public Works Department was put into effect on September 19, 2008 to
ensure the well and water rights are secured while paperwork is being completed for
the appropriation and change in ownership. The agreement guarantees that the
well house, water rights and associated easements are transferred to the City. The
agreement was based on a study conducted by Roger A. Noble, Applied Consulting,
who was hired by the City of Kalispell (Reference Timberwolf Center Subdivision
Water Right Appropriation dated September 9/9/08).
Condition 13. The developer shall submit to the Kalispell Public Works Department for
review and approval a stormwater report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. (Findings of Fact,
gartinn D)
This condition is met. A letter from Frank Castles, Deputy Public Works Director,
dated March 20, 2009 approves the construction plans and specifications for Lot 2
which include the stormwater collection and disposal.
Condition 14. The approved engineered drainage report and design, in accordance with
City of Kalispell standards, shall be completed for the entire development (roadways,
stormwater storage facilities and stormwater systems) prior to final plat for Phase lA of
the Timberwolf Center. (Findings of Fact, Section D)
This condition was met as part of the final plat approval for Timberwolf Center
Phase IA.
Condition 15. A letter shall 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).
This condition is met. A letter from Frank Castles, Deputy Public Works Director,
dated March 20, 2009 approves the construction plans and specifications for Lot 2.
Condition 16. Prior to final plat, the full design for Timberwolf Parkway from Stillwater
Road to Reserve Loop shall be reviewed and approved by the Public Works Department
and shall include drainage, stormwater, water and sewer facilities as well as road
elevations and road designs, etc. (Findings of Fact Section, Section D)
• This condition is met. Preliminary plans for the future construction of Timberwolf
Parkway and Wolfpack Way from Stillwater Road to Reserve Loop were submitted to
11
the Public Works Department prior to final plat approval for Phase 1A. The plans
were reviewed and approved by the Public Works Department.
Condition 17. 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).
This condition is met. All of the improvements have been bonded for and therefore
not completed. The public infrastructure required to service Lot 2 in this phase of
the project will be constructed in conjunction with the Emergency Communications
Center building and site work. All plans have been certified by a licensed engineer
and an SIA has been prepared in the amount of $145,750 to guarantee these
improvements are completed by June of 2010.
Condition 18. 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 in the area to City standards which are impacted by this subdivision."
• This condition is met. The note has been placed on the face of the final plat.
Condition 19. All new utilities shall be installed underp-rnind_ (Kalis ell Sub- RPsrc
Section 3.17A) .
This condition is met. The approved construction plans call for the utilities to be
installed underground.
Condition 20. 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).
• This condition is met. A letter from Chad Fincher, Kalispell Parks Superintendent,
dated March 18, 2009 approves the boulevard landscaping plans for the street.
Condition 21. 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; Findings of Fact, Section D).
a. Water mains designed to provide required fire flows shall be installed per City
specifications at approved locations. Fire flows shall be in accordance with
International Fire Code, 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 Chapter 5.
d. Street naming shall be approved by the fire department.
e. Addressing shall comply with the International Fire Code and Kalispell Fire
Department Standard Operating Guidelines.
f. Required fire flows shall be verged and approved by the Kalispell Fire
Department prior to combustible construction.
• This condition is met. In discussions with the Acting Fire Chief, Dan Diehl, he
stated that the above conditions have been met.
On -going Conditions:
Condition 22. All areas disturbed during development shall be re -vegetated with a weed -
free mix immediately after development.
• This condition is met. Seeding requirements conforming to this condition have
been included in the landscape drawings for the project.
Condition 23. Hazardous weed abatement shall be provided in accordance with City of
Kalispell Ordinance 10-8 and a note shall be placed on the face of the final plat stating
that hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance 10-8.
• This condition is met. The required note appears on the face of the final plat.
Condition 24. The preliminary approval for Phase IA shall be valid for a period of three
years from the date of approval. Preliminary plat approval for Phase 113 shall be valid for
two years from the date of final plat approval for phase 1A. (Kalispell Sub. Regs. Section
2.04 (E)(7).
• This condition is met. The final plat for Phase IA was approved by City Council on
October 6, 2008. Phase 113 is valid until October 6, 2010.
Condition 25. The integrity of Wolfpack Way shall be maintained and designed and
constructed in substantial conformance with the alignment indicated on the preliminary
plat of Glacier High School.
• This condition was met as part of the final plat approval for Timberwolf Center
Phase IA.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was submitted
and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State and
City Subdivision Regulations. All taxes are current.
In,
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-5/PUD zoning
designation.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed. The
staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please schedule this matter for the April 6, 2009 city council agenda if
possible. You may call me at 758-7940 if I can be of assistance to you regarding this
matter.
Sincerely,
/1
Sean Conrad
Senior Planner
Attachments: 1 opaque Mylar of final plat
1 rr>rrnrinrihlA 1U1crinr � fi n1 r In+
1 blueline of final plat
11 x 17" copy of plat
Final plat application dated 2 / 19 / 09
Letter from CTA addressing each of the conditions
Letter from Public Works dated 3/20/09
Letter from Parks and Recreation Dept. dated 3/ 18/09
Treasurer's certification dated 3/ 17/09
MDEQ Exemption dated 3/27/09
Subdivision Improvement Agreement dated 3/ 12/09
Funding letter for the SIA in the amount of $145,750 from Dale W.
Lauman, Chairman of the Flathead County Board of Commissioners
dated 2/ 19/09
c: Theresa White, Kalispell City Clerk
Mark Peck, Interim Director, Flathead County OES,920 South Main Street,
Kalispell, MT 59901
Stephen Herzog, CTA, #2 Main Street, Ste 205, Kalispell, MT 59901
DNRC, Attn: Steve Lorch, 2250 Highway 93 North, Kalispell, MT 59901
6
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
FINAL PLAT APPLICATION
Project /Subdivision Name: Timberwolf Center Phase 113
Contact Person:
Name: Stephen L. Herzog
Address: #2 Main Street - Suite 205
Kalispell, Montana 59901
Phone No.: 406-257-8172
Date of Preliminary Plat Approval: March 17 2008
Owner & Mailing Address:
Flathead County
Attn: Mark Peck
920 South Main Street
Kalispell, Montana 59901
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lyp Vl vu UkAIVIsioil: 1',Gs1Ucil LlCt1 111U 0Li ICU �. Vllllllerl dl 11 rV1J lJLiler
Total Number of Lots in Subdivision 1
Land in Project (acres) 1.7
Parkland (acres) N/A Cash -in -Lieu $ N A Exempt N/A
No. of Lots by Type:
Single Family Townhouse
Duplex Apartment
Commercial 1 Industrial
Condominium Multi -Family
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property SW 1 /4, NW 1 /4, Section 36, T29N, R22W
FILING FEE ATTACHED $975
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
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
final plat applications be accompanied with a digital copy.
Owner(s) Sig9ZUre 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
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
NARRATIVE RESPONSES FOR CONDITIONS OF APPROVAL
General Conditions
Condition 1. Development of the subdivision shall be platted in substantial compliance with
the preliminary plat as amended and approved which governs the location of lots and roadways
within the subdivision and shall be in compliance with the adopted Spring Prairie PUD and PUD
agreement adopted in December 2001 as amended. (Spring Prairie PUD)
• This condition was met at the time of approval for Timberwolf Center Phase 1A.
Condition 2. Prior to M excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In accordance with
Ordinance 1600, the permit shall include a permit application, site map, narrative describing the
best management practices to be used and a completed checklist. In addition to the City
Stormwater Management Permit, the developer shall submit a copy of the State General
Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution
Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City_ Stormwater Management Permit.
(Ordinance 1600 and Findings of Fact, Section C)
• A City Stormwater Management Permit is approved from the Kalispell Public
Works Department. The project is operating under the City Stormwater permit
# . A copy of the NOI and SWPPP was submitted as required to the
Public Works Department as a part of the approval process by for the issuance of
the City Stormwater Permit.
Prior to final plat:
Condition 3. The project site's frontage along Stillwater Road (as well as frontage along the
Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway shall be
improved in accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards; and shall be certified by an engineer licensed in the State of
Montana. All design work shall be reviewed and approved 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, street trees, boulevard and sidewalk and shall be
installed along Stillwater Road and Timberwolf Parkway. New infrastructure shall tie into the
existing street infrastructure. Note: Bike/pedestrian path in lieu of a sidewalk along the
Stillwater Road frontage that ties into the bike/pedestrian path to the north on the Forest Service
lease site is required. Additionally, sidewalks and landscaping other than seeding are not
required on the southern portion of Timberwolf Parkway. (Findings of Fact, Section D)
• This condition was met under the approval for Timberwolf Center Phase 1A.
Condition 4. Stillwater Road shall be improved and include a bike/pedestrian path from the
south boundary to the north boundary of the State Trust Land property and to the north boundary
1
of the Forest Service lease site should bonding be in place at the final plat stage of Phase IA of
the proposed project. If no bonding is in place, the frontage along Stillwater Road shall be
improved, including a bike/pedestrian path, along the entire frontage of the School Trust Land
site prior to final plat of Phase IA. The improvements must be completed within 18 months of
preliminary plat approval. (Findings of Fact, Section D)
• This condition was met under the approval for Timberwolf Center Phase 1A.
Condition 5. An additional 10 feet of right-of-way shall be dedicated along Stillwater Road.
This additional right-of-way shall be shown on the face of final plat map. (Findings of Fact,
Section D)
• An additional 10 feet of right-of-way is dedicated along Stillwater Road. This
additional right-of-way is shown on the face of final plat map.
Condition 6. Access directly from Phase IA, Lot 1 onto Stillwater Road is prohibited.
(Findings of Fact, Section D)
• This condition was met under the approval for Timberwolf Center Phase IA.
Condition 7. A Traffic Impact Study shall be completed to address traffic volumes potentially
generated by the Timberwolf Center and suggested design and any required mitigation shall be
incorporated. The Traffic Impact Study shall be submitted for review and approval to the Public
Works Department prior to submittal of the intersection and road upgrade plans related to the
Timberwolf Center project. This must be completed for the Timberwolf Center (phases 1 and 2)
prior to final plat for Phase IA of the Timberwolf Center project. (Findings of Fact, Section D)
• This condition was met under the approval for Timberwolf Center Phase 1A.
Condition 8. The intersection of Stillwater Road, Farmstead Parkway and Timberwolf Parkway
shall be completed prior to final plat approval of Phase IA. The design and construction shall be
coordinated with the Starling development to ensure efficient and safe completion of the
intersection. Note: Additional land may need to be acquired to accomplish a suitable fully
functional intersection. (Findings of Fact, Section D)
• This condition was met under the approval for Timberwolf Center Phase 1A.
Condition 9. Timberwolf Parkway shall be graded and constructed in a manner that would
allow any future connection to the property to the south feasible. (Findings of Fact, Section D)
• Timberwolf Parkway plans are designed and approved to accommodate the
future connections with appropriate grades.
Condition 10. Water and sewer main extension shall be reviewed and approved by the Kalispell
Public Works Department. The plans shall be reviewed and approved for facilities that serve Lot
2
I (Phase IA) and Lot 2 (Phase 1B) of the School Trust Land site prior to final plat of Phase 1 of
the Timberwolf Center project. (Findings of Fact, Section D)
• The sewer main and water main extensions has been reviewed and approved by
the Kalispell Public Works Department and constructed as a part of Timberwolf
Center Phase 1A. The plans have been reviewed and approved for the water
main extension on Timberwolf Parkway associated with Phase 1B of Timberwolf
Center.
Condition 11. Easements for water and sewer lines shall be dedicated to the City of Kalispell
and shown on the approved utility plans for facilities serving lots 1 and 2 of the Timberwolf
Center project. The easement widths shall meet the requirements of the Kalispell Public Works
Department. (Findings of Fact, Section D)
• Easements for water and sewer lines have been dedicated to the City of Kalispell
and shown on the final plat drawing Timberwolf Center Phases lA and 1B.
Condition 12. The water rights allocated to the developer (owner), both surface and ground,
shall he tran-.ferrerl to the city to the ffillest extent nossihle in compliance with annlinahlP ctatntac
and regulations with the filing of the final plat of Phase IA, Lot 1, to insure the orderly
accounting of water rights and to protect the future water need of the City of Kalispell for its
users. A rectangular easement shall be provided along the south boundary of Phase 113, Lot 2
encompassing the existing well site. This easement shall be large enough to contain a well house
approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the
zoning requirements. In addition, within the same easement, a clear space of 20 feet shall be
provided around the well head. A well head protection zone shall be provided and shown on the
final plat of lots 1 and 2. This well head protection zone shall meet the requirements of Montana
Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3
(February 24, 2006 Edition). Findings of Fact, Section D)
• The water rights allocated to the developer (owner), both surface and ground,
have been transferred to the city to the fullest extent possible in compliance with
applicable statutes and regulations with the filing of the final plat of Phase 1A,
Lot 1, to insure the orderly accounting of water rights and to protect the future
water need of the City of Kalispell for its users. A rectangular easement has
been provided along the south boundary of Phase 1B, Lot 2 encompassing the
existing well site. This easement is large enough to contain a well house
approximately 26 feet by 24 feet with due consideration to the setback limits
imposed by the zoning requirements. In addition, within the same easement, a
clear space of 20 feet has been provided around the well head. A well head
protection zone has been provided and shown on the final plat of lots 1 and 2.
This well head protection zone meets the requirements of Montana Department
of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3
(February 24, 2006 Edition).
3
Condition 13. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. (Findings of Fact, Section D)
® The developer submitted to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets
the requirements of the current city standards for design and construction.
Condition 14. The approved engineered drainage report and design, in accordance with City of
Kalispell standards, shall be completed for the entire development (roadways, stormwater
storage facilities and stormwater systems) prior to final plat for Phase IA of the Timberwolf
Center. (Findings of Fact, Section D)
® The approved engineered drainage report and design, in accordance with City of
Kalispell standards, has been completed for the entire development (roadways,
stormwater storage facilities and stormwater systems) prior to final plat for
Phase IA of the Timberwolf Center.
Condition 15. A letter shall 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).
• A letter has been 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).
Condition 16. Prior to final plat, the full design for Timberwolf Parkway from Stillwater Road to
Reserve Loop shall be reviewed and approved by the Public Works Department and shall include
drainage, stormwater, water and sewer facilities as well as road elevations and road designs, etc.
(Findings of Fact, Section D)
® This condition was met under the approval for Timberwolf Center Phase 1A.
Condition 17. 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)
® This condition is met. All of the improvements for Timberwolf Center Phase 1B
have been bonded for and are included in the SIA and shall be completed by the
prime contractor for the FC 911 call center. The plans have been certified by a
licensed engineer and certified to be funded by the public bond for the project.
All improvements are scheduled to be completed by June 30, 2010.
4
Condition 18. 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 in the
area to City standards which are impacted by this subdivision."
• This condition is met. The notice has been placed on the face of the final plat.
Condition 19. All new utilities shall be installed underground. (Kalispell Sub. Reg. Section
3.17A).
• This condition is met. The approved construction plans call for all of the utilities
to be installed underground.
Condition 20. 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 cash in lieu payment for installation of the street trees and
groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Sub.
Reg. Section 3.11).
• This condition is met. A letter from Chad Fincher, Kalispell Parks
Superintendent, dated February 20, 2009 approves the landscaping plan.
Condition 21. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the Fire Department: (Kalispell Sub. Reg. Section 3.20; Findings of
Fact, Section D).
A. Water mains designed to provide required fire flows shall be installed per City
specifications at approved locations. Fire flows shall be in accordance with
International Fire Code, 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
Chapter 5.
D. Street naming shall be approved by the fire department.
E. Addressing shall comply with the International Fire Code and Kalispell Fire
Department Standard Operating Guidelines.
F. Required fire flows shall be verified and approved by the Kalispell Fire Department
prior to combustible construction.
• This condition is met. Required fire flows have been verified and approved
by the Kalispell Fire Department.
5
On -going Conditions:
Condition 22. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
• Seeding requirements conforming to this condition have been included in the
approved landscaping plan and stormwater permit requirements.
Condition 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance 10-8 and a note shall be placed on the face of the final plat stating that hazardous
weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8.
• This condition has been met. The required note is included on the face of the
final plat.
Condition 24. The preliminary approval for Phase I shall be valid for a period of three years
from the clnte of annroval_ Preliminary Ant nnnroval for Phn.qe 1 R shall he valid for twn
years from the date of final plat approval for Phase 1A. (Kalispell Sub. Reg. Section 2.04
(E)(7)•
• This condition is met. The preliminary plat for this two lot subdivision was
approved on March 17, 2008 and remains valid until March 17, 2011.
25. The integrity of Wolfpack Way shall be maintained and designed and constructed in
substantial conformance with the alignment indicated on the preliminary plat of Glacier
High School.
• This condition was met under the approval for Timberwolf Center Phase 1A.
0
March 20, 2009
Steve Herzog, P.E.
CTA, Architects Engineers
#2 Main Street, Suite 205
Kalispell, MT 59901
RE: Flathead County 9-1-1 Center
625 Timberwolf Parkway
Kalispell, MT 59901
Dear Steve,
7E, 0 FE, Z 7V
WAR)01
tts� I
By
The construction plans for the exterior civil (city infrastructure and stormwater
collection and disposal) portions of the referenced project are hereby approved, Please
provide this office with one full size and one half size set of the construction plans. A
pre -construction conference must he held prior to any construction on site.
Approval does not relieve you, nor the contractor from designing or constructing this
project in accordance with the standards currently in effect and the conditions of
approval. If you have any questions, piease do not hesitate to contact this office.
Sincerely,
Frank 'sties, P.E.
Deputy Public Works Director
201 I'AvenneEasy, P.O.Box ]997,Kolispol4MT 5.9903=Rhone(404)75&77, -7 , 20 � Fax 7� & $31
(406) 5
www,kaimpel4com
306 1 st Ave East — P O Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
March 18, 2009
Stephen Herzog
CTA
2 Main Street Suite 205
Kalispell, MT 59901
Re: 911 Dispatch & Emergency Coordination Center
Dear Stephen:
This letter is to serve as approval on the landscaping plans for 911 Dispatch & Emergency
Coordination Center per the plans submitted by your office.
Tree plantings are required to meet ISA standards for planting and the Street Tree Ordinance
standards of 21/4" caliper and of an approved species from the Kalispell Parks department
planting list. As we discussed earlier, Japanese Lilac are extremely hard to find in 2 1/4" caliper.
Our department is willing to reduce the size of this particular tree to 13/4" due to the available
nursery stock of this particular tree. Boulevards are to be seeded or sodded to meet Parks
Department and city standards. No river rock is to be used as mulch in the perennial planting
areas or around tree plantings. It is also agreed that if this project is extended, the developer will
be responsible for bonding for landscaping improvements on the boulevards.
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 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.
Sincere y
Chad Fincher, Parks Superintendent
CC: Sean Conrad, Planning Department
PJ Sorenson, Zoning Department
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: CTA
FOR: ST OF MT DNRC DATE: 2/5/09
DESCP : TIMBERWOLF CENTER PH 1 B PURPOSE: SUB.
jr. 5 in 36-29-22)
YEARS ASSESSOR #
2005 THRU 2008
E000703
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor numb
� �PTHEgO
O� y'ii OG
Deputy Treasurer
JP
(seal) MAR 1
ro
�.s
�9�OF MO�P�P
03/31/2009 12:13 4064441923 DEPT ENV QUALITY PAGE 01
r
Department
EWRONMENTAL Q
P.Q. Box 200901.
Stephen L Herzog El;
CTA Architects Engineers
#2 Main St Suite 205
Kalispell MT 59901
Dear Mr Herzog:
Brian Schweitzer, Governor
Helena, MT 59620-0901 - (406) 444-2544 - wwr",,deq.wt.gov
March 27, 2009
RE: Timberwolf Center Phase 1B
Municipal 1~acilities Exclusion
EQ##09-2373
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 1.7.36,602. Linder 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.
P1aiis and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-1.11 (3), MCA). Construction of water or sewer extensions prior to DBQ,
Public Water Supply Section's approval is piohibitad, and is subject to penalty as prescribed in Title 75, Chapter 6
and Title 76, Chapter 4,
Sincerely,
Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 — ea it j kaarl��nci(ct?nzt. c���
CC' City Engineer
County. Sanitarian
file
Enforcement Divislan d Permitfing & Compliance Divleinn • Planning, Prevendnn 4 Asaistanu Divhlon • Rmcdiation Division
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CTA Architects Engineers - Cost Estimating System
Proiect Name Flathead 9-1-1 Center DD Estimate Proiect Number FC91
Project Description: New 12,000 SF Flathead County 9-1-1 Dispatch & Emergency Coordination Building Area 12197
Center Perimeter 655
Construction Months 8
Bid ENR Index 4810
Estimate Date 1 /14/2009
Division Description Material Total Labor Total Extended Total Cost/SF % Total
01 GENERAL REQUIREMENTS
84,682
179,698
264,380
$21.68
7%
03CONCRETE
105,108
89,623
194,731
$15.97
5%
04MASONRY
155,587
321,485
477,072
$39.11
12%
05METALS
45,629
45,178
90,807
$7.45
2%
06WOOD, PLASTICS, AND COMPOSITES
1,280
2,534
3,813
$0.31
0%
07THERMAL AND MOISTURE PROTECTION
108,648
47,986
156,634
$12.84
4%
08OPENINGS
133,035
45,094
178,129
$14.60
5%
09FINISHES
122,967
72,671
195,639
$16.04
5%
10SPECIALTIES
34,014
5,646
39,660
$3.25
1%
11EQUIPMENT
3,124
1,252
4,375
$0.36
0%
12FURNISHINGS
14,093
1,359
15,452
$1.27
0%
21 FIRE SUPPRESSION
142,205
37,070
179,275
$14.70
5%
22PLUMBING
83,426
61,443
144,869
$11.88
4%
23HEATING, VENTILATING, AND
349,421
200,154
549,574
$45.06
14%
AIR-CONDITIONING (HVAC)
26ELECTRICAL
479,417
203,466
682,883
$55.99
17%
27COMMUNICATIONS
44,859
30,868
75,727
$6.21
2%
28ELECTRONIC SAFETY AND SECURITY
79,687
34,395
114,083
$9.35
3%
31 EARTHWORK
49,966
32,496
82,461
$6.76
2%
32EXTERIOR IMPROVEMENTS
277,441
57,945
335,386
$27.50
9%
33UTILITIES
105,708
24,134
129,842
$10.65
3%
Subtotal
2,420,297
1,494,496
3,914,793
General Contractor's Markup @ 0%
0
0
0
0%
Construction Total 2,420,297 1,494,496 3,914,793 $320.96
Project Cost Subtotal 2,420,297 1,494,496 3,914,793
Contingency @ 0% 0
Total Project Cost 2,420,297 1,494,496 3,914,793 $320.96
Page: 1
Flathead County
Board of Commissioners
(406) 758-5503
Joseph D. Brenneman
James R. Dupont
Dale W. Lauman
February 19, 2009
Planning Department
City of Kalispell
201 1"Avenue Fast
Kalispell, MT 59901
Re: Application for Final Plat Approval - Timberwolf Center Phase 113
Dear Sirs:
Flathead County is applying for final plat approval for Timberwolf Center Phase 113 in the
School Section, Section 36, Township 29 North, Range 22 West, Y.M.M., Flathead County,
Montana. The County plans to build the Emergency Communications Center on the property,
with the proceeds from a bond issue authorized by the voters of Flathead County at the
November 4, 2008, election.
"There is infrastructure to be built in conjunction with the building of the Center. This is to
confirm that the funds to construct that infrastructure, currently estimated to cost $116,000, will
come from the bond proceeds. At this point, we believe that the bond amount authorized by the
voters is more than sufficient to complete the project, including that infrastructure. Thus, we do
not believe that the added expense for the purchase of a bond in the amount of $145,750 is
warranted and would request that this letter take the place of such a bond.
Sincerely,
FLATHEAD COUNTY
BOARD OF COMMISSIONERS
Dale W. I-uman, Chairman
800 South Main ** Kalispell. Montana 59901 ** Pax (406) 758-5861
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