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2. Resolution 5003 - Final Plat - Amended Plat of Northeast Portion of Gateway West Addition #34REPORT TO: FROM: SUBJECT: Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1.850 Fax: (406) 751-1858 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Jaynes H. Patrick, City Manager Final Plat Approval for Amended Plat of the Northeast Portion of the Gateway West Addition ##34 (Parking Lot) MEETING DATE; April 18, 2005 BACKGROUND: This is a request for final plat approval of a one lot commercial subdivision intended for parking in the area of the northeast corner of the Gateway West Mall parking lot The newly created lot contains approximately 1.795 acres and would be used for parking for the TeleTech operation to be located in the former Stream facility. The property is zoned B-3, Community Business, a commercial zoning district. This district has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. The subdivision complies with the minimum lot size requirements of the district. An exemption from sanitation review has been noted on the face of the plat since this property will not be used for construction purposes but rather for a parking facility exclusively. The Tri-City Planning Office waived preliminary plat review on March 24, 2004 subject to several conditions because it can meet the criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. The Kalispell City Council will need to adopt findings of fact for approval found in the attached staff report KWP-04-6 concurrent with the final plat approval. The attached transmittal letter outlines the conditions of approval and a discussion of how they have been met. RECOMMENDATION: Approval of the resolution adopting the findings of fact and approving the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted Narda A. Wilson % James H. Patric Senior Planner City Manager Report compiled. April 13, 2005 c: Theresa White, Kalispell City Clerk Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • RESOLUTION NO.5003 A RESOLUTION APPROVING THE FINAL PLAT OF THE AMENDED PLAT OF THE NORTHEAST PORTION OF GATEWAY WEST ADDITION #34, LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, American Capital Group, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on March 24, 2004, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to five (5) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report (KWP-04-6) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KWP-04-6 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of the City of Kalispell for final plat approval of the Amended Plat of the Northeast Portion of Gateway West Addition 9,34 in Section 12, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder; said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 18TH DAY OF APRIL, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY 490 V4 ReSerxe Drive Suite 13 • Kalispell. till 59901 •4W257.771 1 • tfj406.'57.777' «��1�_fathead �rt.ar� - flathead ortcice-murrnl_net April 14, 2005 .lames H. Patrick City Manager City of Kalispell 312 First Avenue East P,O. Box 1997 Kalispell, MT 59903-1997 Dear Mr. Patrick: This is to inform you that the Flathead County Economic Development (PORT) Authority wishes to move forward with the purchase of property adjacent to the Gateway West Mall and with the construction of a parking lot on that property. This action was authorized by Resolution 11397 adopted by the Authority at its meeting on February 20, 2004_ The Flathead County Economic Development Authority and the City of Kalispell will be 50/50 partners in the cost of purchasing the land and cost related to construction will also be shared equally with the City of Kalispell_ The Flathead County Economic Development Authority and the City of Kalispell will share equal ownership of the land and parking lot. The Flathead County Economic Development Authority retains our right of first refusal to purchase the City's interest in the land and parking lot should they wish to sell at some point in the future. This parking lot is being constructed to provide adequate parking for TeleTech and for future tenants of the property at Gateway West Mall in which the Flathead County Economic Development Authority (PORT) owns 37% and the City of Kalispell owns 63%. Thank you for your efforts to move this project forward_ Sincerely, Don Bennett Chairman Flathead County PORT Authority Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 5"01 Phone: (406) 751-1850 Fax: (406) 751.4858 April 13, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval of the Amended flat of the Northeast Portion of Gateway West Addition #34 (Parking Lot) Dear Jim.: Our office has received an application from Sands Surveying on behalf of the City of Kalispell for a one lot commercial subdivision lying at the northwest corner of the Gateway West Mall parking lot. The lot contains approximately 1.795 acres and will be used for parking for the TeleTech facility. The property is zoned B-3, a Community Business District, that has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. A variety of uses are allowed in the B-3 zoning district, however, this subdivision will be used exclusively for parking and was granted an exemption from sanitation review because there will be no buildings or other structures on the lot. The property can be described as a portion of the Amended Plat of Gateway West Addition No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana. Our office waived the preliminary plat on March 24, 2004 subject to five conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision. Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Fails • Final Plat for Amended Plat of Gateway West Addition #34 April 13, 2005 Page 2 The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-04-6 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The final plat is in compliance with the preliminary plat which was waived. Condition No. 2. That the lot comply with the standards of the B-3 zoning district of the City of Kalispell. • This condition has been met. The lot complies with the standards of the B-3 zoning district. Condition No. 3. That a mote be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Glenwood Drive and Two Mile Drive to City standards. • This condition has been met. The required note has been placed on the face of the final plat. Condition No. 4. A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and can be provided to the lot. • This condition has been adequately addressed. Since no structures will be placed on this plat, a sanitation exemption has been given and a note placed on the plat that the property will not be used for development purposes. Condition No. 5. This waiver of preliminary plat approval is valid for three years and will expire on March 24, 2007. • This condition has been met. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. 2 Final Plat for Amended Plat of Gateway West Addition #34 April 13, 2005 Page 3 COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-3, Community Business, zoning designation assigned to the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-6 as findings of fact and approve the final plat for the Amended flat of the Northeast Portion of Gateway West Addn. #34. Please schedule this matter for the next regular city council of July 6, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda A. Wilson, AICP Senior Planner NW/ Attachments: 1 opaque; mylar 1 reproducible mylar 1 paper copy Staff Report KWP-04-6 Final plat application dated 6 / 16 / 04 Letter from TCPO for pre plat waiver dated 3/24/04 Treasurers certification dated 6/9/04 Title Report from. Alliance Title dated 6 / 2 / 04 Consent to plat from Glacier Bank dated 7/6/04 Location Map C: American Capital Group, 115 S. LaCumbert Lane, Suite 302, Santa Barbara, CA 93105 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk REPORTS \ KALISPELL\ 04 \ IOW P4-6 LTR2. DOC 3 NORTHEAST PORTION OF GATEWAY WEST ADDN. NO 34 TRI-CITY PLANNING OFFICE STAFF REPORT KW-04-6 REVIEW AND FINDINGS OF FACT JULY 14, 2004 A report to the Kalispell City Council for findings of fact for a one lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on March 24, 2004, subject to five conditions. BACKGROUND: This is a one lot commercial subdivision in a B-3, Community Business, zoning district that will provide adjunct parking to TeleTech. The property will be used exclusively for parking purposes and no structures or buildings will be placed on the lot. A. Applicant: American Capital Group 115 S. Lacumbert Lane, Suite 302 Santa Barbara, CA 93105 Technical Assistance: Sands Surveying 2 Village Loop Kalispell, MT 59901 (406) 755-6481 B. Location: The property is located at the northeast corner of the Gateway West Mall parking lot which is located at the southwest corner of Glenwood Avenue and Two Mile Drive. The parcel contains approximately 1.795 acres and can be described as a portion of Gateway West Addn. No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. C. Size: Total area: 1.795 acres D. Existing and Adjacent Land Uses: Currently this property is an undeveloped portion of the Gateway West Mall parking lot at the northeast corner of the site eloped with a single family residence on the proposed Lot 2. There is a mix of uses in the area including the post office to the east, residences to the north, offices to the west and the mall building to the south. E. Zoning: The property is zoned B-3, Community Business. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The lot exceeds the minimum lot size requirements for the district and is in compliance with the zoning. F. Relation to Growth Policy: The property is designated as Commercial in the Kalispell Growth Policy 2020. The existing B-3 zoning and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: This subdivision will not require any utilities to serve it other than the gvAiinhility of water for n hvrlrnnt in r.nsr of n fire -,inr.e. the 1nt will e developed as a parking lot. Full urban services are available to the lot as referenced below. Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is located nearly across the street from this property to the north. Veizetation and topographv: The Property is relatively level and has mature vegetation and landscape that will likely be removed at the time the property is developed as a parking lot. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals. C. Effects on the Natural Environment: The subdivision will not be required to be served by City of Kalispell water and sewer. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed due to surface run off. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will not be providing water and sewer service to the property because it will be developed as a parking lot. A sanitary exemption was taken for this subdivision and if at some point in the future the property is used for something other than a parking lot the sanitation exemption will need to be removed. City water and sewer are in close proximity to the site and would be able to serve it site if needed. 2 Access and Roads: Access to the site can be obtained directly from Glenwood Dric ica r�r tirh lino r7irPntitr f-n thr n�ct of this lnt Tt is glen frn"tarl hNT T-Tun mile vfav •., yr si�.,.�.. ii., .� .....,... .J ., e..y ......� x..... �u �., ....�.... �.. �..... �J s .. .. �.....a., Drive to the north, but access will not be taken from this road. Due to the substandard nature of these streets, a note has been placed on the plat that waives protest the creation of an SID to improve both of these roadways at some point in the future. The impacts to the Glenwood and Two Mile Drives could be substantial once TeleTech is fully staffed. There are no sidewalks adjacent to this property. Schools: This property is within the boundaries of School District 5, Kalispell. This subdivision is commercial in nature and will not have impacts on the enrollment of the school district. Parks: Parkland dedication is not required for minor or commercial subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Mediraf Servires: Emergency medical service is provided by the Kalispell Regional Hospital- Ambulance and life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been anticipated to be developed to an urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife 3 and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the B-3, Community Business zoning district At the time the parking lot is developed, it will be required to be developed in accordance with the Kalispell Zoning Regulations, The subdivision complies with the zoning for the property. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-6 as findings -of -fact for the proposed subdivision and approve the final plat for the Northeast Portion of Gateway West Addn. No. 34. H.\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-2 East View.DOC MDC Page I of I Narda Wilson From: Susan Moyer [smoyer@kalispeli.coml Sent: Wednesday, .duly 14, 2004 2:57 PM To: tricitynarda@centurytel.net Subject: Acquisitiion of Land at Gatewest Mall for Additional Parking for Teletech One of the absolute requirements in negotiation with Teletech to occupy the old Stream facility was that the City provide 500 parking spaces for their employees. The property that the City of Kalispell and the Flathead Economic Development Authority own has 250 spaces that are guaranteed by American Capital to be available for parking of any tenant that occupies this site. The only way that the City/Authority could meet the 500 space requirement was to enter into a buytsell agreement with American Capital for two additional acres of land owned by AC contingent to the existing parking area to the north. The buylsell is to be consumated within the next couple of months and the agreement with Teletech is that the parking lot is to be constructed upon notification of its need by Teletech. The City and the Authority will jointly (50/50) own the land and coinstruct the parking lot, Susan Tri-City Punning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Pbone: (406) 751-1850 Fax: (406) 751-1858 July 14, 2004 Chris Kuk--u ski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval of the Amended Plat of the Northeast Portion of Gateway West Addition #34 (Parking Lot) Dear Chris: Our office has received an application from Sands Surveying on behalf of the City of Kalispell for a one lot commercial subdivision lying at the northwest corner of the Gateway West Mall parking lot. The lot contains approximately 1.795 acres and wi11 be used for parking for the Tele-Tek facility. The property is zoned B-3, a Community Business District, that has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. A variety of uses are allowed in the B--3 zoning district, however, this subdivision will be used exclusively for parking and was granted an exemption from sanitation review because there will be no buildings or other structures on the lot. The property can be described as a portion of the Amended .Plat of gateway West Addition No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana. Our office waived the preliminary plat on ;.March 24, 2004 subject to five conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in. Section 2.06 of the Kalispell Subdi-6sion Regulations. Specifically, it can be found that the fallowing conditions exist: 1. The plat contains five or fewer lets. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforn-,ing to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are a atieipated on agriculture and agricultural water user fac fides, local sendcts, the natural environment, wildlife and wildlife habitat and the public health and safety. Providing Cornmunity Planning Assistance To - City of Kalispell • City of Whifefisli • City of Coluttibia Falls Final Plat for Amended Plat of Gateway West Addition #34 July 14, 2004 Page 2 The Kalispell City Council will need to adapt findings of fact for approval found in attached staff report KWP-04--4 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met- CQMPL7ANCE WITH CONDITIONS OF .APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. This condition has been met. The final plat is in compliance %dth the preliminary plat which was waived. Condition No. 2. That the lot comply with the standards of the B-3 zoning district of the Ci y of Kalispell. • This condition has been met. The lot complies with the standards of the B-3 zoning district. Condition No. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the flit -re upgrade of Glenwood Drive and Two Mile Drive to City standards. • This condition has been reset. The reqitired note has been placed on the face of the final plat. Condition No. 4. A certificate of subdivision plat approval be obtained from the Montana Department of l nviro=enta.l Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and can be provided to the lot. • This condition has been adequately addressed. Since no structures vTill be placed on this plat, a sanitation exemption has been given and a note placed on the plat that the property will not be used for development purposes. Condition No. 5. This waiver of preliminary plat approval is valid for three years and ;gill expire on March 24, 2007, • This condition has been met. COMPLIANCE WITH APPROVED PRELIMINARY PLAN" The Anal plat is in substantial compliance Mih the preliminary plat which was reviewed and approved. Final fiat for Amended Plat of Gate-vvay West Addition. #34 July 14, 2004 Page 3 COMPLUNCE WITH THE SUBDMSION REGULATIONS: This subdivision plat has been found to be in substantial compliance -with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-3, Community Business, zoning designation assigned to the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04--4 as findings of fact and approve the final plat for the Amended Plat of the Northeast Portion of Gateway West Addn. 34. Please schedule this matter for the next regular city cot tlCil of July 6, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Nardi. A. zlson, AICP Sensor Planner Nita/ Attachments: 1 opaque mylar 1 reproducible myla.r 1 paper copy Staff Report KIWP-04-4 Final plat application dated 6/ 16/04 Letter from TCPO for pre plat waiver dated 3/24104 Treasurers certification dated 6 / 9 / 04 Title Report fro Alliance Title dated 6 / 2 / 04 Consent to plat from Glacier Bank dated 7/6/04 Location Map C: American Capital Group, If 5 S. LaC rmbert Lane, Suite 302, Santa Barbara, CA 93105 Sands Surveying, 2 Village Loop, Kalispell, INIT 59901 Theresa White, Kalispell City Clerk "EP(,jRTS`�KALISPET L` 04'KWP4- I:TR. C C Tri-City Planning Office 17 Second -Street East - Suite 211 Kalispeu, Montana 59901 March 24, 2004 Erica Wirtala Sands Surveying, Inc. 2 Village Loop Kalispell, SIT 59901 Phone: (406) 751-1850 Fax. (406) 751-1858 tri,cityC", entuxytel.net Re: Waiver of Preliminary Plat Approval for the Amended Plat of Gateway West Addition No. 34 Parking Lot Dear Erica: This letter is in response to your request for waiver of preliminary plat approval for a one lot commercial subdivision intended for parking in the area of the northeast corner of the Gateway West Mall parking lot. The newly created lot would contain approximately 78,000 square feet and would be used for parking. The proposed lot would be located at the southwest corner of Glenwood Drive and TWo File Drive in Kalispell. The property is zoned 3-3, Cozxsrraur ity Business, a commercial ,zoning district, This district has a xrWiimum lot size r�qulrernent of 7,000 square feet and a minimum lot width of 70 feet. The property can be described as a portion of Lot 2 of Gateway West Addn, No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Our office can find that the proposed subdMsion meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot .has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place•, (6) that the subdivision complies with the subdi6sion and current zoning regulations, and (7) that there will be no si nifzcant impact can agriculture, agHcuzltural water -users, local services or the natural emdronmera t. Providing Community Planning ..Assistance To: * City of Columbia FaUs $ City of Xalispeil - City of Whitefish Waiver ar Pr-el:minary Plat Gateway Wc3t Parking Lot March 24, 2004 Page 2 Dtze co the relatively minor impacts that this subdii sion poses, this office can grant preliminary plat approval subject to the following conditions: I. That the final plat is in substantial compliance T&rith the preliminary plat that was -wabved. 2. That the lot comply with the standards of the S-3 zoning district of the City of Kalispell. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Glenwood Drive and Two Mile Drive to City standards. 4, A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and can be provided to the lot. 5. This waiver of preliminary plat approval is valid for three years and will expire on March 24, 2007, Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to iirial plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jentz Planning Director TETTERS!�WAaVEPP�o4`�GATE AYPARKINGLOT.DOC Tri-City Planning Of 17 Second St East, Suite 211 Kalispell, MT 69901 Phone. (406) 751-1850 Fax: (406) 751-1858 Contact Person: Date of Preliminary Plat Approval: Owner & Maihng Address, Type of Subdivision-, Residential —Industriad —Commercial —.PUD ----Other No. of Lots Proposed _ I Parkland (acres) 0.0 Land in Project (ac.) 1.795 Cash -in -Lieu Exempt FILLING FEE ATTACHED 4§!1q.00 Minor Subdivision with approved preliminary plat $300 + $30/ lot Major Subrdivisioxi piith approved preliminary plat $650 + $40) lot Subdivisions with Waiver of Preliminary Plat $600 + $401lot SubdiNisloii lmprovement5 Agreement $ 50 Not Attached Applicable NU CHECK OkEJ xx -Health DeparLment Certification (Original) -xx— Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)P) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash-in-Lie-u (Check attached) Maintenance Agreement Plats: I opaque OR 2 Mylax 1 Mylar copy I signed blueline 4 bluelines 4 bluelines, unsigned The plat faust be signed by all owners of record, the surveym- and the examining land surveyor. Attach a letter, -which lists each rendition of preliminary plat approval., and individuaky state hove each contrition has specifically been met. ril uses where documentation is requirod, such as an engincer's certification, State Dcpartmcnt of Healili Certification. etc.. origiaW letters shall be submitted, Blanket statements stating, for example, "all improvements are in place" are not acceptable. A c.oniplete final plat application must be submitted no less than 60 days prior to expiration of crate of the preliminary plat. When all application materials are submitted to tite Tri-City- Planting Office-, and the staff finds the application is complete, the staff v3Jll submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat apptication and staff report. Inc ompleie submittals will not be accepted and will not be fomurded to the governing body for approval. Changes W the approved preliminary plat may necessitate reconsideration by the Planting Board. l rxrtify- that all information is trite, accurate and complete. i =undersiand that incomplete irdormation vMl not be accepted and that .false information will delay the application acid may invalidate any approval. The signing -of this application signifies approval for Tri-CitN Planning staff to be present on the propertyy for routine monitoring and insWction during the approval and development proct ss- **NOTl Please be advised that the County Cleric and Recorder requests that all subdivision final plat applications be accompanied -A-it'b a digital cope. f C ner(s) Signature � J�.. "A digital copy of the final plat in a Dravt!ng Interchange File (DXF) fct mt or an AutoCAD file fonriat, consisting of tite fallowing lavm: 1_ Exterior boundwy of subdivision 2. Lot or park boundaries 3. Eastrneitt 4, Roads or rights -Of --way 5. A tie to either an existing subdivision corner or a corner or the public land survev sy-tem As approved by the TCPB on 12/19101 Effecti-ve 1/1102 SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 June 16. 2004 Narda Wilson. Senior Planner Tri-Gity Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Amended Plat of Gateway West Addition No. 34 Parking Lot Dear Narda: Attached please find the materials required for the review of Amended Plat of the Northeast Portion of Gateway West Addifion No. 34. 1t was granted a Waiver of Pre€irninary Plat approval on March 24, 2004 and will expire on March 24, 2007, The following is the list of Conditions of Subdivision Approval and how each Condition was met, 1. That the final plat is in Substantial compliance with the preliminary plat that was waived. The final plat submitted is in substantial compliance with the approved preliminary plat. 2. That the lot comply with the standards of the B-3 zoning district of the City of Kalispell. This is in compliance with the B-3 zoning district standards. 3. That a note be placed can the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Gtenwooct Drive and Two Mile Drive to City standards. See face of the final plat for this statement. 4. A certificate of subdivision plat approval be obtained frorn the Montana Department of Environmental Quality and the Kalispell Pulalsc Works Department stating that municipal water and sewer service are available and can be provided to the lot, As this lot does not contain any structures utilizing water or sewer, nor is it intended to ever contain arty structures, an exemption note has been placed on the face of the final plats and DEQ review is not required. 166 This waiver of prefirninary plat approval is valid for three years and will expire on March 24, 200T The preliminary plat is fi€era before the expiration deadline. Thank you ;or your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely. Erica Wirtala f f Plat ROB- 1 F1,11head Count,, 800 S, Main 1J. ValisPl�EE, NIT 59�1'1 (406) 758--5510 This Farm is for Subdivisions & Condominiums Only BY: FOR: A 6, ��Gc.��-� � �� "�- DATE l`-- .- DESCP: PURPOSE �` L'r -.;Ls a) YEARS ASSESSOR f -------- __ & TO DATE I here-h", Certify that there are no Outstanding taxe.S On t» propgrl", assignod the assessor MHIIIIers HSU' a,,nvp, ror The years indic.-f-I each assessor number. � CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, Glacier Bank, as the beneficiary of a Deed of Trust/Trust Indenture dated November 13, 2003 to secure an indebtedness in the principal sum of S3,580,683.79, hereby consents to the Platting of a tract of land to be known and named as "Lot I of the Amended Plat of the Northeast Portion Gateway West Addition, No. 34".. IN WITNESS this , ! da WHEREOF,. said party has caused their name to of 24 F ' f � ` STATE OF MONTTANA } SS COUNTY OF FLA ITEAD ) be subscribed hereto on On this day of 200 before me a Notary Public for the State of Montana, personally appeared whose, name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. Notary Public f the ,State of.Montana Residing at: mi , Commission Expires. -4!/ 6�u ALL11 NCE TITLE & ESCROW CORP. 501 South Main., Kalispell, Montana 59901 (406) 752-7606 To: Sands Surveying, Inc Order No.: 2 Village Loop bate: Kalispell, MT 59901 Reference: Lean No.: In connection with the move transaction, we enclose: X UPDATED CERTIFICATE OF PLAT --- NEW LEGAL Thank you for giving us the opportunity of serving you. ,�ia-qce Title & Escrow Corp. Sherri Larson 206040932 July 2, 2004 TIOOR TITLE INSURANCE COMPANY Policy No. 7403078- 1035 GUARANTEE T1COR 71TLE INSJURANCE COMPANY, a California corporation, herein called the Company, guarantees the Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured snail sustain by reason of any incorrectness in 'he assurances set forth in Schedule A. 1. No guarantee is giver]~ nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, Segal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. Dated, Authorized Signatory TICOR TI—MLE INSURANCE COMPANY By J Attest Fpreskklm ,secmu" Reorder Form *No. 8993 (Reprinted 12/00) Misccllaneoo Gummua Faa Page for Use in Montana & washitigma CERTIFICATE OF PLAN' Guarantee No-: 7403078--103} Order No.: 206040932 Liability: S1,000.00 Fee: S150.00 Effective Date of Guarantee. June lit, 2004 at 7.30 AM The Assurances referred to on the face page hereof are: That, according to the Company's property records relative to the following described real property (but without examiaation cif those Company records maintained and indexed by aame): A Tract at land, situated, ling, and being in the Northeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M,M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the northeast corner of the Plat of Gateway West Addition No. 34 (records of Flathead County, Montana) which is a found iron pint on the PoIN' intersection of the south boundary line of Two MHe Driye and the West boundary of Glenwood Drive: thence along; the west 12A V af'said Glenwood Drive South 00°47'42" West 230.00 feet to a set iron pin; thence leaving said K"VV and parallel to the south boundary of said Two Mile Drive North 89°59'56" West 339,92 feet to a set iron pin; thence parallel to the west boundary of said Glenwood Drive North 00°47'42" East 150.01 feet to a found iron pin; thence North 00°41'19" East 79.99 feet to a found iron pipe on said south 1t/W of Two iVtile Drive; thence along said RIW ,South 89'59'56" East 340.07 feet to the Point of Beginning. The above described tract of land shall hereafter be known as: Amended Plat of the Northeast Portion Gateway West Addition No, 34. Title to said real property is vested in. ACG-Kalispell Investors, LLC, a Fontana Limited Liability Company Subject to the jna.tters shown below under Exceptions, which Exceptions are not necessarily shover: in the order of their priority. EXCEPTION S. 1. Taxes or assessments which are riot shown: as existing liens by the records of any taxing authority that levies taxes or assessments on Real Property or by the public records. 2. Unpatcated reining claims, reservations or exceptions in the United States Patents or iri Acts authoriziiig the issuance thereof; water rights; clairns or title to water. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, Tunnels, ramps, or any other structure or Improvement; or any rights or easements therein unless such property, rl'Rhis or easements are expressly and specifically set forth in said description. t: 4. T axes, including any assessments collected therewith, for the year 14004 which are a lien not yet payable. 5. Are easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: l-Ioken Linrade and Jessie Li=de. Purpose: right to enter upon land to repair ditches and convey water Recorded: February 25, 194 Kook 299, Page 3 7 9. of Official Records. AND Agreement Recorded: January > i949 Book 302, Page 57, of Official Records Purpose: lrigress and egress for the purpose of repairing and maintaining a pipeline Terms, provisions, c011eraants, conditions, definitions, options, obligations and restrictions, contained in a document. Recorded: February 6, 1976. Instrument No.:1188 Book 591, Page S68, of Official Records. AND AMENDMENT Recorded: February 3, 1984 Instrument No. 84-034-1641-0. of Official Records. Purpose: Reciprocal Easement Agreement An easement for `the purpose shown below and rights incidental thereto as set forth in document: Granted to: Northwestern Telephone Systems, ine.. Purpose: Public Utilities. Recorded: July 8, 1976 Instrument No- 7338 Book: 598 Page: 863 of Official Records. S. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Pacific Power and Light Company, Purpose: Public Utilities. Recorded: January 17, 1995, Instrument No.: 85-017-1023-0, of Official Records AND Correctu vc Easement Recorded: December 19, 1986 Instrument No. 86-353-1444-0, of Official Records, 9_ An easement for the purpose shown below and rights incidental thereto as set forth in document: Grranitd to: The City, of Kalispeti. Purpose: Public Utilities. Recorded: February 28, 1985. lnsmimerrt No.: 85-059-1420-0, of Official Records AND AMENDMENT Recorded: July 31, 1986 instrument No. 86-212-1329-0, of Official. Records, 14_ An easement for the purpose shown below and rights incidental thereto as set forth in docurent- Granted to: Pacific Power and Light Company. Purpose: Public Utilities, Recorded: December 2, 1984. Instruml-nt No.: 85-336-1418-0, of Official Records.. I I . An easement for the purpose shown below and rights incidental thereto as sei forth in document: Granted toThe City oCKalispell. Purpose: Public Utilities, Recorded: May 1, 1994. Instrument No.: 84-122-1130-0, of Official Records AND AMENDIvfENT Recorded: July 31, 1986 Instrument No. 86-212-1329-0, of Official Records. 121, Terms, previsions, covenants, conditions, definitions, options, obligations and restrictions, corltai$3ed in a do;urnent Recorded: ,September 3, 1997 Instrument No. 1997-246-0938-0, of Official Records. Purpose: Ordinance No, 1259 Approving the West Side Urban Renewal flan for the City of Kalispell. 13. Terms; provisions, covenants, conditions, definitions, obligations, reservations and restrictions, cnntairaed in Document: Purpose: Declaration of Restrictions and. Establishment of Easements Affecting Land Recorded: March 8, _n00 Insiniment No.: 2000-068-1600-0, of Official Records. 14, Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document. Purpose: Reciprocal Easement Agreement For Parking Recorded: May 5, 2000 Instrument No.: 2000-126-1350-0, of Official Records. 15, Terms, previsions, covenants, conditions, definitions, obligations. reservations and restrictions, contained in Document: Purpose: Hazardous Substances Certificate and Indemnity Agreement Retarded: November 13, 2003 Instrument No.: 2003-317-1153-0, of Official Records. 16. A survey or subdivision plat must be recorded before the Company insures any conveyance of the land described herein, i 7. Easernmts, notes and certification, as shown on the wirecorded survey made by Sands Siu-veying, Inc., dated March 8, 2004 as Job No, 12511, IS, Terns and provisionns of State of Montana, Department of Environmental Quality, Certificate of Subdivision flat Approval, to be recorded with the Amended Plat of the Northeast Portion Gateway West Addition No. 34, of Official Records. t 9. A ]deed of Trust!Trust Indenture to secure an indebtedness in the arnount show below and any other obligations secured thereby: Amount: $3,580,683,79. Trustor/Grantor: ACG-Kalispell Investors, LLC, a Montana Limited Liability Company. Trustee: Alliance Title and Escrow Company. Beneficiarv: Glacier Bank. Recorded: November 131, 2003. Instrument No,: 2003-3 I7-I 152-0, of Official Records. (Inciudes Other Property) NOTE: The above described property appears to be in Kalispell Fire District. 3/4" PIPE /6" REEAR 89-ES :os 7978) f his pat is provided fo° purpose of Fsc-l-sling in, iocat;;�-g and th -- Cl' o m , zn v ass u T lIi e s n,I �] F b fl tv 2W lhli� ctual survey J ANCE 171 E r 11"10% MILE 689059'56"E LO T DRI VE 340.07" M: N89*59'56"W 339.92' (COS 7978) FND 5/8" REBAR BY 29139-ES Poo rND 5/8" RMR BY 2989-ES I _ a;. 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