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06. Final Plat - Northland Subdivision Phase 1Tri-City Punning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (4061 751-1858 tricitV&,ce nturytel. net w vw.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Final Plat for Northland Subdivision Phase l MEETING DATE: February 7, 2005 BACKGROUND: This is a request for final plat approval Northland Subdivision Phase 1, a 25 lot residential subdivision and homeowners park on approximately 7.56 acres with .71 acres in park area. The property is generally located to the west of Northridge Subdivision and north of Meadowland Subdivision in the west part of Kalispell. This is the first phase of a multi -phase Planned Unit Development and an 83 lot residential subdivision on approximately 30.39 acres. The property was annexed into the city of Kalispell as part of the preliminary plat review process and given an initial zoning designation of R-3, a Urban Single Family Residential in April of 2004. The Northland Subdivision was given preliminary plat approval by the Kalispell City Council on April 5, 2004 subject to conditions. An automatic two-year extension of the preliminary plat approval is granted for each successive; phase of original preliminary plat. As a requirement of the preliminary plat, more than two-thirds of the required improvements have been installed and a Subdivision Improvements Agreement in the amount of $214,636.63 has been submitted to secure completion of the remaining improvements which consists primarily of curb, gutter, sidewalk and landscaping. The Letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July of ZOOS or sooner. RECOMMENDATION: A motion to accept the Subdivision Improvements Agreement and approve the final plat for Northland Subdivision Phase I would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Providing Community Planning Assistance To: • City of Columbia Falls e City of Kalispell • City of Whitefish Final Plat for Norhtland Subdivision Phase 1 February 2, 2005 Page 2 Respectfully submitted, 3�I, Narda. A. WIlson Senior Planner Report compiled: February 2, 2005 �es. Patrick City Manager Attachments: better of transmittal Final plat application and supporting documents APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3 day of _ Januan,, 20 05, by and between the CITY COUNCIL, CITY OF IALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and BRIDGELANII DEVELOPMENT LLP. , (Name of Developer) a LIMITED LIABILITY PARTNERSHIP (lndividual, Company or Corporation) located at 622 ST. ANDREWS DRIVE COLUMBIA FALLS MT. 59912 , (Street Address/P. ©. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as NORTHLAND SUBDIVISION PHASE 1-1 , (Name of Subdivision) located at ASSESSOR'S TRACT 1CA LOCATED IN SECTION 1 TOWNSHIP 28 RANGE 22 WEST P.M.M. FLATEHEAD COUNTY MONTANA. (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of '�Tl1'[7*7''YTi A �T'il CTTU"TATiCT"TIT MI A CT; 11 +L.,. ...,1;�.,�...., 1VVi�.l.11LAi\#1 h3�✓.11/i/i • i47i�l1\s -A liriF.7.L' i"i , Lipoil LliCi l.oiti,�iLil3i1J C1J ~1GL IVIL11 (Name of Subdivision) 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 A and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 630 316.57 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 $ _ 214,736.63 _. 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: Northland Subdivision, Phase 1-1 Subdivision Improvement Agreement Page I of I a. That the creditor guarantees funds in the sum of $ 214,736.63 the estimated cost of completing the required improvements in NORTHLAND SUBDIVISION PHASE 1-1 (Name of Subdivision) 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 _ JULY� 20 05 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. inat the improvements are in compliance witn 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 one (l) year 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. Northland Subdivision, Phase l-1 Subdivision Improvement Agreement Page 2 of 2 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 a"A Naar li'-rp;" hpfnrP writti- t NORTHLAND SUBDIVISION / BRIDGELAND DEVELOPMENT LLP , (Name of SubdivisioaDeveloper/Firm) by �� rvLOS STATE OF MONTANA COUNTY OF��n? (Title) On this Q ( day of 4 & ea; /,-)_jp& s , 20 0 , before me, a Notary Public for the State of Montana, personally appeareda"���? C,/ 5 , known to me to be the �%� of L 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 first above written. 13�_ -3a�41Lr_� Notary Pub is for the State of Montana Residing at tT' My Commission Expires MAYOR, CITY OF ItiALISPELL ATTEST: MAYOR CITY CLERK Northland Subdivision, Phase 1-1 Subdivision Improvement Agreement Page 3 of 3 EXHIBIT "A„ CERTIFICATION OF WORK TO BE COMPLETED NORTHLAND SUBDIVISION, PHASE 1-1 SUBDIVISION ROADS & OVERLOT GRADE COMPLETED TO DATE January 3, 2005 Item No, Description Linn Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Excavation I Subgrade Pre C.Y. 52 000 $ 2.22 $ 115 440,00 48,00 $106 560.00 102 Stabilization Fabric S.Y. 4 950 $ 1.G0 $ 4 950.00 3 98S $3 986.00 103 Select Subbase C.Y. 1 238 $ 12.50 $ 15 475.00 897 $17 12,50 104 314" Crushed Gravel C.Y. 770 $ 15.55 $ 11 973.50 0 $0.00 106 4" Ash attic Cement S.Y. 4 620 $ 8.55 $ 39 501.00 0 $0.00 106 Curb & Gutter L.F. 2 S14 $ 8.25 $ 24 040,50 0 $0.00 107 V x 4" Concrete Sidewalks t Gravel S.F. 9 910 2.90 $ 28 739,00 0 $0.00 108 5" x 6" Concrete Sidewalks I Gravel S.F. 2 500 $ 3.75 $ 9,375.00 0 $0.00 SUBTOTAL ITEMS 101-109 $ 249,494.00 $121,758.50 WATER SYSTEM COMPLETED TO DATE January 3, 2005 Mem No, Uescri lion Unit Measure Estimated I uuanm I Unit Price Total Price QURNTtiY COMPLETED TOTAL COST COMPLETED 201 8" Water Main L.F. 1,350 $ 1S.76 $ 21 262.50 1 35G $21 262.50 202 8" Gate Valves & Boxes EACH 7 $ 965.00 $ 6 685.00 7 $6 685.00 203 8" Ductile Iron Fittin s EACH 4 $ 435.00 $ 1 740.00 4 $1 740.00 204 Fire li drants wl Aux. Valve & Box EACH 4 $ 2755.00.. $ 11 020.00 4 $11 020.00 205 Water Services EACH 25 $ 510.00 $ 12 750.00 25 $12 750,00 206 Connection tO Existin Main EACH 1 $ 38fl.flfl $ 380.00 1 $380.00 SUBTOTAL [TENS 201 - 206 $ 53,837.50 $53,837.50 SEWER SYSTEM COMPLETED TO DATE January 3, 2005 Description Unit M@aSi3re Estimated QuantityUnit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED wer Main L.F. 1,531 $ 15.20 $ 23 271.20 1,631 $23 271.20 F3034" am. Manholes w! Rin & Cover EACH 7 $ 1 630A0 $ 11 410.00 7 $11 410.00 h. 40 PVC Sewer Services EACH 25 $ 460.00 $ 1t500,0p 25 $11 600.00ectiontoExistin Manhole LUMP SUM 1 $ 580.00 $ 880.00 1 $880.00TOTAL ITEMS 301 -305 1 $ 47,061.20 $47,061.20 DRAINAGE 8r MISCELLANEOUS WORK COMPLETED TO DATE January3,2005 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED I TOTAL COST COMPLETED 401 8" PVC Storm Drain L.F. 170 $ 14.00 $ 2,380.00 0 $0.00 402 Catch Basin wi inlet EA. 3 $ 1.262.00 j $ 3,786,00 3 $3 786.00 403 Ri ra C.Y. 10 $ 68.00 $ 680.00 0 $0.00 404 To soil Removal G.Y. 18,000 $ 1.10 $ 19 800.00 18,000 $19 800.00 405 Seedin LUMP SUM 1 $ 7 800.00 $ 7 800.00 0 $0.00 406 Trees EA. 83 $ 360.D0 29 050.00 0 $0.00 407 Road Restoration Sher Lane LUMP SUM 1 $ 3 665,D0 1 $ 3665.001 1 $3 665.00 408 Traffic Control LUMP SUM 1 $ 3600.00 $ 3 60D.00 1 $3 600.00 409 Mobilization LUMP SUM 1 j $ 8,400.00 $ 8 400.00 1 $8 400.00 SUBTOTAL ITEMS 401 -412 $ 79,161. $39,251A0 UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS COMPLETED TO DATE January 3, 2005 Item No. DBSCri tion knit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 UtIlitv Trench wi Bedding..-L.F. 4110 $ 3.00 $ 12 330.00 4,110 $12 330.D0 602 2" Conduitwt Pull RO e i L.F. 3,100 S 1.70 $ 5 270.00 3,100 $6270.00 503 3" Conduit w1 Pull Ro a L.F. 5,630 $ 2.20 $ 12 386.00 5,6301 $12 386.00 504 4" Conduit wl P0 Ro a L.F. 4,610. $ 2.60 $ 11 986.0p 4 610 $11 986.00 505 4" and 3" Sweeps EACH 1151 $ 52.00 $ 5,980.00 115 $6 980.00 506 1 Phase Transformer Vault EACH 8 $ 526.00 $ 4 200.00 8 $4 200.00 507 3 Phase Transformer Vault EACH 3 $ 1,050.00 $ 3150.00 3 $3 150.00 608 Street Li ht Basas EACH 13 $ 600.00 $ 7,800.00 13 $7 800.00 509 Si na a installation LUMP SUM 0.3 $ 2 180.00 $ 654.00 tl.3 $6$6 4, 0054. SUBTOTAL ITEMS $01-510 $ 63,756.00 $63,0 SERVICE COSTS, FEES, ENGINEERING & SURVEYING COMPLETED TO DATE January 3, 2005 Item No. Descri Lion Unit Measure Estimated Quaq Unit Price QUANTJTY Total Price COMPLETED TOTAL COST COMPLETED 601 Flathead Electric LUMP SUM 1 $ T1 147.00 $ 71 147.00 100% $71 147.00 602 Northwest Ene LUMP SUM 1 $ 10 851.00 $ 10 8S1.00 100 % $10 851.00 603 Centu e1 LUMP SUM 1 $ 10 611.00 $ 10 611.00 100% $1 p 611.00 6p4 En ineerin Des! n LUMP SUM 1 $ 29 598.58 $ 29 598.58 100% $29 698,66 606 En ineerin Construction LUMP SUM 1 $ 14 799.29 $ 14 799.29 72% $10655.49 SUBTOTAL ITEMS $01 - 606 $ 137,006.87 1 $132,863.07 TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125% OF REMAINING WORK( AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME AS PROJECT ENGINEER FOR NORTHLAND SUBDIVISION, PHASE 1, 1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125 % OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF, THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECUR17-Y HELD 8Y.- $0.00 BRETT WALCHECK, P.E, $ 630,316.57 $ 458,527,27 $ $30,316.57 $ 458,527,27 $ 171,789,30 $ 214,736.63. $ 458,527.27 73% $ 111,769.30 $ 214,736.63 $ 214,736.63 $0.00 $0.00 $0.00_ $ 458,527.27 $ 171,789.30 $ 214,736.63 *ALL. IMPROVEMENTS SHALL BE COMPLETED BY; 71212005 f' F t'; No. -7pE t Lit IRREVOCABLE STANDBY LETTER OF CREDIT ISSUED: WHITEFISH CREDIT UNION PO BOX 37 WHITEFISH, MT 59937 Date of Issue:12-22.2004 Letter of Credit Number: Amount: U.S- $ 214,736.63 ( TWO HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED THIRTY SIX ANULESIOOOLLARS) For .Benefit Of: For Account Of: Betieliciary Name and Address Applicant Name and Address CITY OF KALISPELL BRIDGELAND DEVELOPMENT, LLP 1402 13T AVE. KALISPELL, MT 622 SAINT ANDREWS DR. COLUMBIA FALLS, MT 59912 LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under [Issuer name] Letter of Credit No. (Letter of Credit manber] dated [Letter of Credit date]-" Drafts must be presented at Issuer's address shown above on or before the Expiration Date, The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the Draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. DRAWINGS. ® Partial drawings shall not be permitted under this Letter of Credit. ❑ Partial drawings are pennitted. The maximum number of drawings that may be made is DOCUMENT'S. Each Draft must be accompanied by the following, in original and two copies except as stated: ® The original Letter of Credit, together with any amendments, ❑ A sight draft drawn by Beneficiary on issuer. ❑ A signed statement by Beneficiary including the following statement: ❑ Other documents: Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: EXPIRATION DATE. Thus Letter of Credit expires at the close of business at Issuer's address at 12:00 (Time) on 09 05 (Date). issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. ❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, this Letter of Credit shall expire on without any notice from Issuer to Beneficiary. �`� @2001 Bankers Systems, Inc., St. CWd, MN Form LC-5TANDBY 11512002 1A89e t of 2) Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 I'hune• i 406l I %1A 44u Fax: (406) 751-1858 tricit a :,genturytel.net wwwAricityplanning-mt. February 2, 2005 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Northland Subdivision Phase 1 Dear Jim: This is a request for final plat approval of Northland Subdivision Phase 1, a 25 lot residential subdivision and homeowners park on approximately 7.56 acres with .71 acres in park area. The property is generally located to the west of Northridge Subdivision, and north of Meadowland Subdivision in the west part of Kalispell. This is the first phase of a multi -phase Planned Unit Development and an 83 lot residential subdivision on approximately 30.39 acres. The property was annexed into the city of Kalispell as part of the preliminary plat review process and given an initial zoning designation of R-3, a Urban Single Family Residential in April of 2004. The Northland Subdivision was given preliminary plat approval by the Kalispell City Council on April 5, 2004 subject to conditions. An automatic two-year extension of the preliminary plat approval is granted for each successive phase of original preliminary plat. As a requirement of the preliminary plat, more than two-thirds of the required improvements have been installed and a Subdivision Improvements Agreement in the amount of $214,636.63 has been submitted to secure completion of the remaining improvements which consists primarily of curb, gutter, sidewalk and landscaping. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July of 2005 or sooner. The preliminary plat was approved with conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as fandings of compliance with the City subdivision regulations and zoning ordinance. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell . City of Whitefish • Final Plat for Northland Subdivision Phase l February 2, 2005 Page 2 This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat. Condition 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and .a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). This condition has been met. A letter from Kalispell Public Works Department approving the plans and specifications for the required infrastructure has been submitted with the final plat. Condition 3.The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform. Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. e. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. Regarding proposed street names; Ashley Drive exists in the south area of town. An alternate street name shall be provided. e. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. This condition has been met. A letter from the Kalispell Fire Department approving the subdivision has been submitted with the final plat. Condition 4.That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). This condition has been met. A letter from the Parks and Recreation Department approving a landscape plan has been submitted with the final plat. Condition 5. That the area designated on the plan as "park" shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying the one -ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investment made in Final Plat for Northland Subdivision Phase 1 February 2, 2005 Page 3 park improvements. (Kalispell Subdivision Regulations, Section. 3.19). This condition has beers. met. A letter from the parks and recreation department approving the development plan for the park has been submitted with the final. plat. Condition 6. That a provision be made for the extension of the proposed roadway through proposed Lot 52 to provide access to the adjoining subdivision to the southwest, Empire Estates. (Kalispell Subdivision Regulations, Section.. 3.04). 4 This condition does not apply to this phase of the subdivision. Condition 7. A traffic analysis shall be performed, under the Montana Department of Transportation systems impact process that assesses this development's impacts to the transportation systems in the immediate area. This would be a single comprehensive study covering the multiple jurisdictions of the City, County and State road systems and would identify needed improvements to roadways impacted by this development. (MDOT) This condition has been met. A traffic analysis has been submitted with the final plat and the recommendations do not impact this phase of the subdivision. Condition S. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). This condition has been met. The road names have been reviewed and approved by the Kalispell Public Works Department as part of the construction document, as per the final plat letter. Condition 9.The developer shall provide a letter from. the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). This condition has been met. A letter from the LISPS dated 12/7/04 has been submitted with the final plat approving a mail service location. Condition 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 4 This condition has been met. Street lighting has been completed as required. Condition 11. All utilities shall be installed underground. (Kalispell Subdivision. Regulations, Section 3.17). � This condition has been met. The utilities have been installed underground. Final Plat for Northland Subdivision Phase 1 February 2, 2005 Page 4 Condition 12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. This condition has been met. Approximately 73 percent of the required improvements have been completed and the remaining improvements have been included in a subdivision improvements agreement. Condition 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been adequately addressed. Revegetation will be done upon the completion of development and seeding has been included in the subdivision improvements agreement. Condition 14. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the Developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. This condition has been met. A development agreement has been executed between the City of Kalispell and the developer and has been included with the final plat application. Condition 15. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). This condition ha been met. The preliminary plat has been submitted prior to the expiration of the preliminary plat approval.. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 and the planned unit development over which constitutes the zoning for the property. Final Plat for Northland Subdivision Phase 1 February 2, 2005 Page 5 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 note that the Subdivision Improvements Agreement should be accepted along with the final plat approval.. Please schedule this matter for the February 7, 2005 regular city council meeting if possible. You may call me at 751- 18S2 if I can be of assistance to you regarding this matter. Sincerely, Narda A. Wilson, AICP eninr Planner Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat I blueline of final plat Letter from 48 North Engineering dated 12/21/04 Final plat application. dated 12/20/04 Resolution 4872 Engineer's certification from 48 North dated 12 / 13 / 04 Letter Kalispell Public Works dated 7/27/04 Letter Kalispell Public Works dated 7/27/04 Letter from MDEQ dated 7 / 24 / 04 _ Letter from MDEQ dated 7/7/04 Letter from Fire Dept dated 12/ 15/04 Letter from Parks and Rec dated 12 / 6 / 04 Ltr from Morrison Maierle dated 7/9/04 Letter from USPS dated 12/7/04 Subdivision Improvements Agreement dated 12/21/04 Engineer's certification Exhibit A Letter of credit from Whitefish Credit Union dated 12 / 23 / 04 PUD Development Agreement dated 12/22/04 Title report dated 12/20/04 Consent to plat dated 12/21/04 Landscape plan for street trees and parks Mail delivery plan Treasurer's certification dated 1/26/05 Traffic Study by Morrison Maierle, Inc. (capon request in TCPO) c: 48 North, PC, P.O. Bozo 651, Whitefish, MT 59937 Bridgeland Development, Boxy 2789, Columbia Falls, MT 59912 Theresa White, Kalispell City Clerk � i f) RO Box 651 s WhAefsh, Montana 599$7 • (P) 408-862-4815 s (F) 406-862-4876 Pa Ca Civil Engineering Services December 21, 2004 Attn: Narda Wilson Tri-City Planning Office 17 2"" Street East, Suite 211 Kalispell, MT. 59901 RE: Final Plat Approval for Northland Subdivision Phase 1-1 Dear Narda: As Engineer of record for Northland Subdivision, Phase 1-1,1 herby certify that all the conditions stated in Resolution No. 4872 have been completed to the best of my knowledge. The following list of the required conditions can be found in appendix "A", with a response to all the ,stated conditions stated below. Verification letters and exhibits can be found in appendix "B", Subdivision Improvement Agreement can be found in appendix "C", and the Final Plat application, Consent to Plat and Irrevocable Letter of Credit is in Appendix "D". 1.) The subdivision is being platted in substantial compliance with the approved preliminary plat. The original phase I layout was broke down to three separate sub - phases (1-1, 1-2, 1-3), this still remains the same with the exception of sub -phase designation. The sub -phases have been reallocated from the original layout. 2.) Plans and specifications were designed and installed per the Kalispell Design and Construction Standards. Please see attached approval letters dated December 22, 2004, and July 27, 2004 from City of Kalispell Public Works Department, and June 24, 2004 and July 7, 2004 from the Department of Environmental Quality. 3.) On December 10, 2004 the City of Kalispell Fire Department was on site to review the current status of the project. The fire department intended on completing fire flows in the near future, prior to combustible construction. Please attached letter dated December 15, 2004. 4.) The City of Kalispell Parks and Recreation has approved a landscaping plan. Please see attached approval letter dated December 6, 2004 and a 11 x 17 copy of the landscape plan. 5.) The park area has been developed in accordance with a plan approved by the Kalispell Parks and Recreation. The park area design is on the same layout as the boulevard landscaping that was addressed in item 4. Please see attached approval letter dated December 6, 2004 and a copy of the landscape plan. 6.) Modifications were made to the overall construction plans to accommodate continuation of the Right Of Way to the adjoining Empire Estates subdivision to the south. However this modification is not part of this phase and will appear in future phase development. 7.) Morrison Mairerle, Inc completed a traffic impact study per the Montana Department of Transportation impact process. Conclusions stated that Northland Subdivision would not adversely affect adjacent street network. Please see attached letter dated July 9, 2004 and a copy of the report dated July 13, 2004. 8.) Subdivision road names have been modified per the original preliminary plat and have been reviewed by the Flathead County Plating Department. A signage plan was included with the construction plans that were approved by the City of Kalispell Public Works. 9.) An approved plan for mail service has been approved by United States Postal Service. Please see attached letter dated December 7, 2004 and a 11x17 copy of the approved plan. 10.) Street lighting was designed by Flathead Electric Company, which worked in conjunction with the City of Kalispell for light pole location and standards. 11.) All utilities have been placed underground and are in the Right of Ways or have been granted an easement. 12.) Currently Northland Subdivision Phase I-1 is 73% complete with necessary infrastructure. Please see Exhibit "C" for the SIA and cost analysis. 13.) Upon final completion of the development all disturbed areas will be re -vegetated. 14.) The Kalispell City Attorney and the Developer are currently drafting a development agreement. Upon completion a copy of the agreement will be submitted to Tri-City Planning Office. 15.) The preliminary approval was granted on April 5, 2004, the filing of this phase is scheduled for January 3, 2005. 15.) All trucks and heavy equipment have accessed the construction area from Stillwater Road. Currently the access from the adjoining subdivision to the east has been blocked with concrete barricades. Upon final approval of the plat, the barricades will be removed, however a temporary gate will be installed in its place. The temporary gate will prevent general access however will be able to be easily removed for emergency access. Signage will also be posted stating all construction access must enter from Stillwater Road. 17.) Modifications were made to the overall construction plans to accommodate continuation of the Right Of Way to the adjoining subdivision to the north. However this modification is not part of this phase and will appear in future phase development. At this time we are requesting to be placed on the January 3"', 2005 council hearing for a request of final plat for the Northland Subdivision, Phase 1-1. I hope all the above responses to the stated conditions are suffice to address any concerns of project completion that you may have. If'you have any questions or require additional information please feel free to give me a call (406-862-4815). Sincerely, Brett Walcheck, P.E. 48 North, P.C. Enclosures: RESOLUTION NO.4872 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF NORTULAND SUBDMSION, MORE PARTICULARLY DESCRIBED AS A30 39 ACRE PORTION OF ASSESSOR'S TRACT ICE, LOCATED IN SECTION I, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., .FLATHEAD COUNTY, MONTANA. YMEREAS, Highland Development, LLC, the owner ofthe certain real property described above has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission Feld a public hearing on March 9, 2004, on the proposal and reviewed Subdivision Report #KPP-04-2 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Northland Subdivision, subject to certain (;1J11illtEtlils i111U iGLtJ11i1tiGii(iilGit}ils, %ti14i WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 5, 2004, reviewed the Tri-City Planning Office Report #KPP-04-2, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW UiMFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECT_ ION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-04 2 are hereby adopted as the Findings of Fact of the City Council. SEC'TJQN H. That the application of Highland Development, LLC for approval of the Preliminary Plat of Northland Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted, insubstantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. . 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations., Chapter 3, Design Standards, Section 3.41). 3. The following requirements shall be met per the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Miniinum fire flaws shall be in accordance with Uniform Fire Code (19 -Appendix III -A. 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 Uniform Fire Code (1997) Article 9. cl. Regarding proposed street names;. Ashley Drive exists in the south area of town. An alternate street name shall be provided. e. Due. to project p} asing it sbadd be noted that hamdous weed abatement shall be provided in accordance with City of Kalispell Ordinance 1". 4, That a Letter be .obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevarrt developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 5, That the area designated on the plan as "parr" shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying the one -ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investinent made in park improvements. (Kalispell Subdivision Regulations, Section 3,19). 6. That a provision be made for the extension of the proposed roadway through proposed Lot 52 to provide access to the adjoining subdivision to the southwest, Empire Estates. (Kalispell Subdivision Regulations, Section. 3.04). 7. A traffic analysis shall be performed under the Montana Department ofTransportation systems impact process that assesses this development's impacts to the transportation systems in the immediate area. This would be a single comprehensive study covering the multiple jurisdictions of the City; County and State road systems and would identify needed improvements to roadways impacted by this development. (MDOT) 8. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Deparnrient and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 9, The developer shall provide a letter from the U.S. Postal Service approving the playa formail service. (Kalispell Subdivisions Regulations, Section 3.22). 10, Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 11, All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 13. All areas disturbed during development of the subdivision small be re -vegetated with a weed - free mix immediately after development, '7 r? A 11 .rGQ. 44.4 la`�A-,,n1om-P+I,a o.i.rnAoro1^�IA �aa�ii741,nuiT-A . 1.7. v� uxi v7uw: vv usu'e free mix immediately after development. 14. That a development agreement be drafted lay the Kalispell City Attorney between the City of Kalispell and the Developer outlining and formalizing the terms, conditions and prbvisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 15. That prolilninaryplat approvaf for the first phase ofthe planned unit development shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision .Regulations, Section 2.04). 16. That tracks and other heavy equipment shall access the site from Stillwater Road that shall be developed during the first phase of the subdivision, and not through any existing residential areas. tamer construction travel shall be kept to a minimum through residential areas. 17. That a sixty foot easement for the extension of a feature xoad and utilities shall be granted to the north on Northland Drive to allow for futwre access to Four Mile Drive. SECTION ill. 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 COUNCILAND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF APRII,. 2004.' Gall, ,am B. a edy Mayor ATTEST: Theresa White City Clerk 48 ,� RTip lL P.C. Civil Engineering Services December 13, 2004 Attn: Frank Castle City of Kalispell Public Works Department 3121" Ave. East Kalispell, MT. 59903 P.0 Box 651 • Whitefish, Montana 59937 • (P) 405-862-4815 • (F) 406-882-4876 RE: Final Plat Approval for Northland Subdivision Phase 1-1 Dear Frank: As Engineer of record for Northland Subdivision, Phase 1-1, I Derby certify that the construction of the items that are shown in the attached Subdivision Improvement Agreements have been completed to the best of my knowledge. The percentage of work - complete to date for Northland Subdivision, Phase 1-1, is at 73%. Some of the construction items remaining to be complete include: base course, asphalt, curb & gutter, sidewalks, landscaping, and light poles. Estimates prepared by this office for the remaining construction, total $171,789.30 for Northland Subdivision, Phase 1-1. Security 1, IA ,.a 17C0% -f+1,o a, ,�;,,;,,� .,,�.�t,.�,�+.,,, t. +� I - V)IA 72K A2 11clu CEL-1--,!G M µLU 1<+111Lti.EAAAI. vUTIOU LLVAA CVECU 10 y.C.. A�,1 )V.WJ. At this time we are requesting a letter of approval from the City of Kalispell stating that you are in agreement with improvements installed to date. After all work is 100% complete we will conduct a final inspection with Kalispell Public Works prior to acceptance and transfer of ownership. If you have any questions or require additional information please feel free to give me a call (406-8624815). Sincerely, Brett Walcheck, P.E. 48 North, P.C. Enclosures: ON I 1 �� l n. 14872PE �/ �11 �� �/J" -°C EN_S_'aF / Nei ` o Ak— f City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-783 i December 22, 2004 Bridgeland Development LLP 622 St. Andrews Drive Columbia Falls, MT 59912 Re: Northland Subdivision, Phase 1-1 Kalispell, Montana Gendemen: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit "A", for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. 48 North P.C.'s letter certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining subdivision roads & overiot grade, water system, sewer system, drainage & miscellaneous work, utilities (trenching, conduit, vaults & lights), service costs, fees, engineering and surveying. The Subdivision Improvement Agreement is certified by Brett W. Watcheck, P.E., to being an accurate accounting of anticipates costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, comps improvements mm commence on December 13, 2004. The one year warranty period for the remaining cones will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sinc elY, Frank Castles, . E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Tri-City Planning Office 48 North P.C., Civil Engineering Services City of Kalispell Public Works Department w 'r' Post Office Box 1997 Kalispell, Montana 59 33-199 i - Telephone (406)75&-7720. Fax (406) 758-7831 i July 27, 2004 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Northland Subdivision Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by 48 North, P.C., Civil Engineering & Residential Design, for the referenced project. The Kalispell water and sanitary sewer cv,_tPm,z haves arlPnr rate ranarity to cprvp tfip nmiPrt- .,7-1..........;. _..---- �---- � - -r -- --- - - ---- I - -,--- If you have any questions, please do not hesitate to contact this office. Sincerely, Al J 4— Frank Castles, P.E. Assistant City Engineer cc: 48 North, P.C. Civil Engineering & Residential Design P.O. Box 651 Whitefish, Montana 59937 .` City of Kalispell Public Works Department Post Office Box 19971. Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 x July 27, 2004 48 North, P.C. Civil Engineering & Residential Design P.O. Box 651 Whitefish, Montana 59937 Attention: Brett Walcheck, P.E. RE: Northland Subdivision Kalispell, Montana Dear Brett: The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval for the Flathead City -County Health Department. We look forward to working with you on this project. Sincerely, /rajnk'Castles, P.E. Assistant City Engineer Attachment. As Stated: Montana Department of Jun V Intull Helm I mu V U Ali I I Judy Martz, Governor P.O. Box 200904 • Helena, MT 59620-0904 • (406) 444-2544 www.deq.state_€nt.us June 24, 2004 Brett Walcheck PE 48 North PC PO Box 651 Whitefish MT 59937 Dear Mr Walcheck: RE: Northland Subdivision Municipal Facilities Exclusi(yn EQ#04-2890 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Qualityrelating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d) MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed t76-4-111 (3), MCA). Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, J Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.rnt.us cc: City Engineer County Sanitarian file Centralized Services Division . Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediat€on Division 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 . (406) 755-8985 ® FAX (406) 755-8977 Brett Walcheck, P.E. July 7, 2004 48 North PC P.O. Box 651 Whitefish, MT 59937 RE: Northland Water & Sewer Extensions, EQ#04-2890 Dear Mr. Walcheck: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved with the condition as listed below. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received June 02, 2004 under the seal of Brett W. Walcheck, P.E.# 14872PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, /1 r er, mnvi onmental Engineer Specialist ublic Wate S ply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell, Department of Public Works Flathead County Sanitarian File Centralized Services Division • Enforcement Division ^ Permitting & Compliance Division , Pin tin ing, Prevention & Assistance Division • Remediation Division Randy Brodehl - Fire Chief Jim Stewart - Assistant ChieflPrevention Dee McCloskey — Assistant Chief/Operations December 15, 2004 48 North P.C. Attn: BrettWalcheck P.4_ Box 651 Whitefish, MT 59937 Re: Final plat approval — Northland Subdivision, Phase I Dear Mr. Walcheck, 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 In response to your request for approval of the above -referenced project, our department approves final plat for Northland Phase I, with the following information and conditions. • Fire hydrant locations and fire department access are approved by this department. • Fire flow testing will be conducted by this department prior to combustible construction. As discussed, fire hydrants that are taken out of service for utility extension (Phase II) shall be bagged to readily identify them out of service. Fire hydrant outage shall be kept to the minimum time period necessary for utility extension. • It is our understanding that temporary fire apparatus turnarounds will be provided with an all-weather surface at the intersection of Northridge Drive and Northnse Lane and at Southpark Drive (Phase I boundary). • It is our understanding that temporary traffic control devices will be installed at Northridge Drive to limit non -essential traffic. As discussed gates/chains/barricades shall be designed to accommodate fire apparatus. Signage shall be provided at the barricade location indicating "No Parking — Fire Lane" or equivalent. • As we discussed, street name signs are required to be installed prior to combustible construction. Please contact me if you have any questions. .Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning ©nice "Assisting our community in reducing, preventing, and mitigating emergencies. " FROM : S I TESCAP6 ASSCC I ATGS FAX NO. : 4068S20367 Dec. 05� 2004 05:OSPM P,, of Kalis Pis and Recreaiion .December 6, 2004 Sitescape Associates Mr. 'Bruce F. Lutz P0Boy, 1417 Columbia Falls MT 59912 IM; 10 Avg i',nst _ P n RAY IQQ7 _ Kali nail MT SPAnA-1997 Phone: (406) T%-r i b Fax: (406) 7&3-771 9 Email: parknrec kalispell.c om Re: Northland PUD Landscaping Park D"r Mr_ ,Lutz: This letter is confirmation that the landscaping, street tnae plan and parkland plans for the above referenced project have been reviewed and approved by Kalispell Parks and LI ,� .. ..k..IVM�__ �_ _�_�_ _�� sS ; e t�s,�i f: v v� i E 11 1'�4S SIi4i311A 1 l7[ a It, luz'i'apii IV i� wl i spi=L , JJIV a Yivr2 Ub ts ucti� i t �u we will review the site for final approval. Should you have any corns or questions regarding the landscaping, please ftei free �._._ _,._,_ . tt.�-t.�ive••rne a calf. Sincerely, dU &aei Beset, Director Cc: Narda Wilson, Tri-City Planning MORRISON aAm MMERLE, INC. An. Employee -Owned Compa;av July 9, 2094 Mr. Brett Walcheck, P.E. Stumptown Architecture & Engineering, P.C. P.O. Box 651 Whitefish, MT 59937 RE: Traffic Impact Study Northland Subdivision Kalispell, Montana ©ear Mr. Walcheck: ENGINEERS SCIENTISTS SURVEYORS PLANNERS 2020 GRAND AVENUE • 81LLINGS, NIT 59102 a 406-656-6000 • FAX: 406-656-3432 Enclosed please find three (3) copies of the above referenced Traffic Impact Study. Upon your review, please provide any comments or revisions that you feel are necessary for final submittal of this document. If you find the report complete, additional copies can be furnished at your request. Thank you again for using Morrison-Maierle, Inc to complete this traffic engineering evaluation. We look forward to hearing from you regarding this project. Sincerely, MORRISON-MAIERLE, INC. Robert A. Beckman, P.E., PTOE Sr. Transportation Engineer Encl. cc: Terry Richmond, MMI, wIo encl. k[.101);V1001`Non1lba &D7 [? 04 d- 'Providing resources in partnership with clients to achieve their goals" 10UNI TED STAT ES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL., MT 59901-9998 December 7, 2004 Mr, Jim Williamson 48 North P. C. P. 4 Box 651 Whitefish, MT 59937 RE: Northland Subdivision Dear Mr. Williamson: Delivery for the Northland Subdivision has been approved for Cluster Box Unit (CBU) delivery in a turnout format. The developer will provide six 16-unit CBU's, two parcel lockers, and a 32-foot x 4-foot cement pad on Northridge Drive. Please see attached map for the approved location. The mailbox turnout must be a minimum of 30 feet long plus an additional four feet for each CBU and parcel locker required. The turnout is to be at least 10 feet wide so that the mail carrier's vehicle or customer's vehicle will be completely off the roadway while stopped at the mailboxes. This ten foot width will be a flat level surface. The turnout, combined with the developed road surface, will provide an area wide enough for the mail carrier to completely turn around without having to back up (at least 70 feet total width.) CBU's are to be installed at the mid point of the turnout. If you have any questions regarding this matter, you may contact me at 755-6450. Sincerely, D�aveieldhouse Carrier Supervisor Enclosure PLANNED UNIT DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the .;,a day of December, 2004, by Bridgeland Development, L.L.P., a Montana Limited Liability Partnership, of 622 St Andrews Drive Columbia Falls, MT 59912, hereinafter BRIDGELAND DEVELOPMENT, LLP, and the City of Kalispell, a municipal corporation, of 312 Ist Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, BRIDGELAND DEVELOPMENT, LLP is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as a 30.39 acre portion of assessor's tract 1 C A located in Section 1, Tovmship 28 North, Range 22 West, P.M.M., Flathead County, Montana and is hereinafter referred to as "Subject Property"; and WHEREAS, BRIDGELANTD DEVELOPMENT, LLP applied to have the Subject Property rezoned to a City R-3 (Urban Single -Family Residential) with a Planned Unit Development overlay (PUD), developed pursuant to said zoning change; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the Subject Property and prescribe the permitted uses within the PUD, the parties hereto determine it to be in their interests to enter into this Development Agreement. l<. GENERALINTRODUCTION § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application, dated February 2, 2004, the drawings annexed to this Planned Unit Development Agreement, and the conditions contained within Kalispell City Resolution iRTo. 4872 conditionally approving the prelin ina�ry plat of the Northland Subdivision and PUD and incorporated fully herein by this reference. § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement and the annexed drawings, and the PUD Application, dated February 2, 2004, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. PLANNED r NTIT REVEL DPER'.S AGREEMENT; URTHL=�ND PUD Js.ze 1 of S § 1.03 Drawings The drawings annexed and the FUD Application, dated rebrUary �, LUV4, to this Planned unit Development Agreement, and the Northland Subdivision Preliminary Plat Application conditionally approved by Kalispell City Resolution 4872 are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of the last building permit(s) for the development on the Subject Property. This Development Agreement may be modified or amended only as set forth in Article V hereof. § 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. H. PARCEL DESCRIPTION R 7 n f ' h,- Qiikir rf PrnnPrtcr fiPzrrihnrJ rnnrP 'fiiiiir in Pybdiif"A" ai#ar kPr1 korr-tn anri fi;Mw incorporated herein by this reference, shall be developed with the infrastructure improvements described in § 3.01 and 3.02. III, SITE CONDITIONS § 3.01 Access and Public Infrastructure All accesses to the Subject Property shall be engineered and constructed in accordance with City of Kalispell's Standards for Design and Construction. ?. The plans and specifications for all public infrastructures shall be designed and installed in accordance with. the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 3, All sewer and water utilities servicing the Subject Property shall be engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. PL :??�TED UNNIT DEVELJPE'R'q AGREEMENT/NORTHLAND PUD Rage 2 of e a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix ZIT -A. b. Fire hydrants shall be provided per City specifications at locations approved by the Fire Department, prior to combustible construction. C. Fire Department access shall be provided in accordance with Uniform. Fire Code (1997) Article 9. § 3.02 Storm Sewer and Roadways. 1. All storm sewer utilities servicing the subject property shall be in accordance with the Northland Subdivision Preliminary PIat Application and conditional approval of Kalispell City Council, and engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. 2. All roadways shall be in accordance with the Northland Subdivision Preliminary Plat Application and conditional approval of Kalispell City Council, and engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. § 3.03 Other Conditions 1. The development of lots in future phases of the PUD which deviate from the R-3 zoning with regard to minimum lot size requirements, setback, housing type or other features shall be subject to architectural review and approval by the Kalispell City Council. 2, The plans and specifications for all public infrastructure shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 3. Regarding proposed street names; Ashley Drive exists in the south area of town. An alternate street name shall be provided. 4. Future development area "A" may require a secondary emergency vehicle access point to meet the requirements of the Subdivision Regulations (Section 3.08) and emergency vehicle access needs. 5. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8, 6. 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 five foot _landscape boulevard developed between the curb and the sidewalk. 'LAIN i7l�I? E`.'E� ^PER'S CTR-EEMENT'NORTHI.ANND PTUD Page 2 o :3 7. The area designated on the plan as "park" shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying the one - ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investment made in parr improvements. S. Right-of-ways within the development shall be created that will allow for the extension of the proposed roadways so that they will provide future access to adjoining properties to the west, north and south. 9. A traffic analysis shall be performed under the Montana Department of Transportation systems impact process that assesses this development's impacts to the transportation systems in the immediate area. This will be a single comprehensive study covering the multiple jurisdictions of the City, County and State road systems and will identify needed improvements to roadways impacted by this development. 10. The reads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices .Manual and be subject to review and approval of the Kalispell Fire Department. 11_ The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 12. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 13. All utilities shall be installed underground. 14. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. 17. The plans and specifications for a storm water system shall be reviewed and approved by the Kalispell Public Works Department. PT ANNE1D UNIT DF—VELQPERIS aGREEMENTINQRTH ?_ND PUD faze a of 8 iV. AMENDMENT OR MODIFICATIONS OF DEVELOPMT ENT AGREEMENT 1. This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. 2. Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner within the Subject Property. A) Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. B) All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. 4, A) All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. B) The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. C) Tf the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. D) The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. V. MISCELLANEOUS §8.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until ail lots within the Subject Property are developed or April 19, 2013, whichever occurs first. Pr ANNED UNIT DEVELOPER'S AGREEMENT,'N RTHLAND PUD §8.02 Severability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. §8.03 Recordation This Agreement shall be recorded with the Clerk and Recorder for Flathead County, Montana.. § 8.04 Entire Agreement - Primacy This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. §8.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this Q day of December, 2004. BRIDGELAND DEVELOPMENT, L.L.P. BY: �•-- 14a, j* s, M Bing Partner CITY OF KALISPELL Ja H. Patrick, City Manager PEAN:'NED UNIT DEVELOPER'S AGREEMENT;NOR`I"HLAND PUD Pate 6 of 8 STATE OF MONTANA ) ):ss County of Flathead ) On this . 'Y� day of Se��2004, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Marvin Galts, Managing Partner of Bridgeland Development, LLP, that executed the foregoing instrument, and the person who executed said instrument on behalf of said Limited Liability Partnership, and acknowledged to me that such Limited Liability Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in titW} ,jertificate first above written. Off• A. FU"`�., -- ' QTA = Notary Public, State of Montana Residing at .. My Commission Expires SEAL OF STATE OF $; fONFAVktA ) County of Flathead ) On this, of " �c?C er ��� i , 20 C-\, before me, a Notary Public in and for the State of Montana, personally appeared James H. Patrick, known to me to be the City Manager of .l Cit _rr7_1..._.-11 .,i;+., 4--+.. ,.+ A rt,... ,:+L.;._. :,,.nl-...,,..»,.,,.+ —A �,,.i�..,....i,�,7.�..,3+1-4- tile k-I (}I jId11blir1l? a itl'um%,ipamy, teat -A%, .uLuu ui%, W iLU111 111.ZL1U.LUt,11L, a11LL aLhL1UYV i',Ur'GL1 tUaL such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN 'WITNESS WHEREOF, I have hereunto set my hand and affixed any Notarial Seal, the day and year first above written. `, A. FNotary Public,,} State of Montana Residingat -yr�T�t _ My Commission Expires . t C 10111101%�a,�`� PLANNED ?NIT D VE OPEER'S AGREEMENTNORTHLAND PUD Exhibit A LEGAL DESCRIPTION — NORTHLA�-D Planned Unit Development That portion of land in. the Northwest Quarter of Section 1, Township 28 North. Ravage 22 West, Principai 1VIerid=- Montana, Flathead County, described as follows: BEGINNING at the Center Quarter scetion corner of said Section 1, Tow-nship 28 North, Range 22 Nest, thence along the southerly boundary of said Northwest Quarter the following two courses: North 89° 22' 01" rest 1316.61 feet anti North 890 18, 39" West 1287.45 Feet to the easterly right of way of Stillwater Road, a 60.00-foot comity road as described iD Book 345. Page 247, records of Flathead Courity, Montana; thence along said easterly right of way ofsaid Stillwater Road, North 0° 38'33" East 92.22 feet to the southwesterly corner of Tract 2 of Certificate of Survey Number 3593 records of the Flathead County, Montana; there alone the southerly and easterly boundaries of said Tract 2 the following two courses: South 89' 49' 56" Fast 432.76 feet and North 0° 39' 26" East 878.57 feet to the northeasterly cornet thereof and to the southerly boundary of that Parcel of land shown on Deed E-Aubit Book 501, Page 162 records of Flathead County. jlontana; thence along the southerly and easterly boundaries of said parcel of said Deed E,6bit Book ,501, page 162, South 89' 49' 50" East l 14.3.61 feet and North 010 38' 30" East 880.25 feet to the southwesterly corner of Tract'? of Certificate of Survey Number 1.3923 records of Flathead County; Montana; thence along the southerly and easterly boundaries of-,.wd Traci 2 on said Certificate of Survey 13923 the following .t'- a nr�rtroGC SZnz�rh ROO 4 tW 1 ;" PgQi 42Z; 7 7 feat nnii �niifh 00 40` 49"' Wp-,t 7-6 7R f¢rt-r LILLand South 89" 50' 13" East 833.17 feet and South 0049'48" West 736.78 feet and South 890 45' 35" East 200.24 feet to the easterly boundary of said Northwest Quarter of Section 1; thence along the easterly boundary of said Northwest Quarter, South 0°48' 55" West 1136.5 feet to the Point of Beginning contakiing 67.49 acres of land, more or less, as shown on this plat which is herewith iacozporated 'al and made part of this legal description.. SIMJECT to a Righi of Way Easement as set forth in an ?nstrurnent recorded July 31, 1987 in Reception. Nwrber 87-231-11450 records of Flathead County, ,Vlontau.a. GROSS ALERAGE GROSS ACEPAGE PROPOSED TCTALKO� CITY OF KALISPELL ANNEXATION d —. : A L'o, Axu 12 ZONING DESIGNATION EXISTING: SAG-10 PROPOSED: PUD, Rd OVERLAY 9145-35" E 200,24- IaW as I I FOR CATCH BABN 7119,10 "RES —FRES. P.— -ON PLANE. RESERVED Juana BYPASS R.O.W. 5.82 ACRES F- PH E,l IF T-771 -7T- I INSTALL 2 STANDARDI NANL ly (- BASES FOR 6 CBU. N—B- 71DQ I Z DDIS WILL INSTALL CBUs IA OPIa11 11L BASESSHIP,11E SHIP AEEA 'K. " OFT. T. US MAINTENANCE DEPT. —FY s'rAN na w I 7 T PAVEMENT 3� M._ BOX UNITS W TS CONFORM TO USFS APPROVAL AUTH-FLORENCE 1575 OR EQUAL 4. OUTDOOR I.cm LOCKERS A CONFORM To USES APPR —FLORENC D, —N DO ED E u, CS-CLUSTER UNIT I 11-TDOCS, PARCEL —El CENTRAL MAIL DETAIL IPW BPPOEAL CENTRAL MAIL DELIVERY LOCATION PARK AREA 3 T 4L IAOO I., AIR ENTRAPMENT, 3-4.5 SLUMP B.NrISCINO STEEL RODS CONFIRM TO 71 A— A615 ORAIE RC I DOLTS ANC— CONFORM TO ASTM A1.1 L i �2 - -- =L I .a� ) . GRACE 08N, TYPE 316 SS MULTIPLE UNIT. STANDARD BASE DETAIL I I -1-1 N89*2f 1 �WT316 —61' Layout & Landscape Plan Phase I Street Trees and Park Areas I and 2 N o rt P U Kalispell, Montana 1 Scale: 1'=5 �051.8 ---------- A: L -"L Nil III'm ' Vicinity Map t t7ili �ffl � 1 Plant Material Schedule Key Phase One Final Plat Area