E3. Developer's Agmt - Spring Prairie Development 411 �, L IF I IIII1!II IIIIII I' III
W 11 oil,
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
M I I I MW -1 1,
TO: Doug Russell., City Manager
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771,
charball@kafispell.corn
SUBJECT: Motion to Approve Developer's Agreement for TKG Spring
Prairie Development Four
BACKGROUND: TKG Spring Prairie Development Four is a fourteen lot commercial
subdivision located in Section 36 to the north of Kidsports. The developer/owner, TKG
Spring Prairie Development Four LLC seeks a Developer's Agreement, as required by the
underlying PUD ordinance, Ordinance No. 1756 so that it may move forward with
construction of the facilities. The Agreement that has been provided to the Council for
review and acceptance has been drafted to be consistent with the ordinance and is
acceptable to the developer.
RECOMMENDATION: It is recommended that the Council move to accept the
Developer's Agreement and authorize the City Manager to execute the same.
ALTERNATIVES: Although staff has not identified any apparent issues not addressed
appropriately in the agreement, Council may offer additions or deletions from the
Agreement.
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
THIS AGREEMENT made as of the — day of September, 2015, by TKG Spring Prairie
Development Four, L. L. C, a Missouri Limited Liability Company, hereinafter It KG, and the City
of Kalispell., a municipal corporation, of 201 1st Avenue East, Kalispell, Montana 59901,
hereinafter CITY;
WITNESSETH
WHEREAS, on May 4, 2015 the Kalispell City Council passed Ordinance No. 1756 to apply
certain land use designations, including a planned unit development overlay to
property subject to the above described Agreements and located in the South fialf
of Section 36, Township 29 North, Range 22 West, P.M.M, Flathead County,
Montana, more particularly described in Exhibit "A' attached hereto and fully
incorporated herein by this reference (the "Property"); and
WHEREAS, Pursuant to that certain Victory Commons Commercial Ground Lease) by and between
TKG and the State of Montana by and through the Montana. State Board of Land
Commissioners (the "State"), TKG leases from the State the Property consisting of
approximately 28.2 acres, for the purposes of construction and development on that
Property and is therefore subject to all relevant requirements of the above
described agreements and ordinances.
NOW THEREFORE, the parties hereto agree as follows:
DEVELOPERS AGREEMENT
TKG SPRING PRAIRIE DEVELOPMENT FOURLLC AND THE CITY OF KALISPELL
Page - 1
1. The development of the site shall be in substantial conformance with the preliminary
plat documents entitled TKG Spring Prairie Development Four Subdivision and
associated submittal drawings which shall govern location of the lots, easements,
roadways, signage, landscaping, materials and pedestrian access facilities. Those
documents are listed below:
• Site plan
• Conceptual elevations
• Lot layout
• Site utility layout
® Phasing plan
• Grading plan
• Grading profiles
• Landscape plan
• Materials list
• Sign Exhibit
2. The prelimi
nary plat approval for the development shall be valid for a period of three
years from the date of approval.
3. All the permitted. uses listed under the B-2 (General Business) Zone are permitted
except for the sales of auto,. boats, motorcycles, etc. In addition, all of the uses which
may be permitted by Conditional Use Permit are prohibited.
4. The landscape berm on the west end of the property located behind the anchor lots
shall be installed as shown on the grading and landscaped plan. The intent of the
landscape berm is to create a baseline height to shield the loading docks behind the
anchor stores. The berm. shall be landscaped in accordance with Parks and
Recreation's requirements by using conifers and deciduous trees planted at an
intensity to create a visual barrier from the comniercial development.
5. The recreational area on the south end of the property leading from the development
into Kidsports shall include a 10 feet wide paved path, picnic areas and grading
acceptable to Kidsports. This area shall be landscaped in accordance with the
submitted landscape plan. These areas must be implemented to the satisfaction of
Parks and Recreation Department and. Kidsports.
DEVELOPERS AGREEMENT
TKG SPRING PRAIRIE DEVELOPMENT FOUR LLC AND THE CITY OF KALISPELL
Page - 2
6. The retention pond on the south end of the property shall be designed in a way that it
becomes a visual interest to the development. Chain link fencing surrounding the
retention pond as the dominant fixture is prohibited. The developer shall work closely
with the Parks Department and Public Works to come up with a design. that is both
visually appealing and meets the required safety guidelines. It is intended that when
the project is developed the pond will act as an entrance feature, rather than a private
maintenance utility facility.
7. When looking towards the development from Kidsports, landscaping should be of the
intensity to create a visual barrier.
8. Total allowed signage for the development shall be calculated as a shopping center.
Within that allowed area, signage for the development may include up to two
freestanding signs. One sign Type 2 on Reserve Loop and one sign Type 3 on US
Highway 93 as shown in the sign exhibit. All other provisions related to signage
under the Kalispell Zoning Ordinance shall apply.
9. Architectural design shall be provided as listed below:
a. Exterior wall colors should harmonize with the site and
surrounding buildings. The predominate tone on building faces should
lend toward wann earthy hues, whether in the natural patina or weathered
color of the wall surface itself or the color of the paint stain or other
coating. The color of concrete products on building frontages should not
be achieved from painting the surface. The use of materials such as wood,
brick or stone for trim material is encouraged.
b. Four sided architecture is required for all stnictures and buildings.
Large, rectangular masses should be avoided by incorporating offsets in
the wall and roof. A change in the plane of the walls, changing the
direction or providing some variety in the roof form gives diversity and
visual interest. Facades greater than 1210 feet in length shall have variation
and interest in the wall. Among other things, major landscaping,
significant tree planting, use of color or building materials or architectural
treatments will be in order.
C. The building should place an emphasis on entry. Entries should be
a prominent component of the building face by providing an architectural
covered or recessed entry with modiFted roof accent and increased usage
of windows and trim.
DEVELOPERS AGREEMENT
3CAR
Page - 3
d. Franchise architecture may be subject to modification to achieve
the building style objectives.
e. Architectural elements of the front of the building shall be
incorporated into the back of the buildings when the back of the building
is visually accessible to US Highway 93, Reserve Loop and Kidsports.
Walls and surface planes should be broken up in such a manner as to
create a visual interest, avoiding monotony.
f. All roof mounted equipment, i.e. HVAC, should be shielded from
all views.
10. Pedestrian access shall be provided as listed below:
a. A minimum 10 feet wide pedestrian bike trail shall be constructed
along the entire US Highway 93 frontage. The bike path shall be integrally
designed into the landscape plan required between the curb line of US
Highway 93 and the 20 feet required landscape buffer. The pathway shall
be as linear as possible and shall not have any bollards obstructing
movement, When. a bus stop is installed within the public right-of-way a
connectivity trail is required connecting the bus stop to the bike pathway.
b. All the required sidewalks shall have a 7 feet landscaped boulevard
of sod, street trees and a 6 feet sidewalk. The landscaped boulevard shall
be fronting the internal streets to buffer pedestrians from the traffic. The
exception to this condition is the sidewalk fronting the anchor stores,
which does not require the 7 feet landscaped boulevard.
C. Prior to Certificate of Occupancy; the tenants in lots D, E, F, G, H
and I shall be responsible for putting in landscape boulevards and
sidewalks along the western portions of their lots; outlots A, B, C, E, G
and I shall install the landscape boulevards and sidewalks along the south
end of their lots and outlots J and B shall install landscape boulevards and
sidewalk along the east end of the lots. It is intended that upon full
development, the outlots will have pedestrian access with boulevards
along all three sides of the outlot clusters between the main ingress and
egress points,
d. Prior to Certificate of Occupancy , any outlot with a building On it
shall have a minimum 6 feet wide sidewalk connecting it to the bike paths
along either Reserve Loop to the north or US Highway 93 to the east.
DEVELOPERS AGREE MENT
e. Two east -west sidewalk corridors are required through the main
parking lot generally as shown on the submitted site plan or modified as
necessary to achieve better pedestrian flow by site review committee.
These sidewalks also need to have a minimum 7 feet landscape boulevard
of sod and street trees between the sidewalk and parking access road.
&:I
f. All sidewalks located within parking lots shall have a raised
concrete surface for separation from traffic and parking. Where sidewalks
cross traffic lanes, the sidewalk may be at grade but shall. be constructed of
colored or textured concrete, stone or other contrasting material to visually
denote a pedestrian way. Painting the walk area is not adequate.
9. In the event a tenant wants to place architectural/visual features
within the sidewalk entrances there must be additional space provided.
The required sidewalk area should not be blocked by anything that can
limit pedestrian movement.
h. A pedestrian pathway is required to be placed on the south end of
the subject property connecting the commercial development to Kidsports.
The pathway directions should generally be north to south and connect the
parking facilities of the commercial development to an existing improved
pedestrian access way in Kidsports.
i. The pathway from Kidsports as it enters into the development
should be redesigned to create a safe and inviting atmosphere as opposed
to the current design where it is situated between the truck turnaround and
retention pond.
j. Public utilities within the right of way should be landscaped to
shield them from view.
!I. Transportation and parking:
a. General access to the conu-nercial district from Reserve Loop to the
north and US Highway 93 to the east shall be limited to 5 approaches as
approved by MDT.
b. All uses shall have direct access from the internal road system. No
direct access to a particular building shall be permitted from Reserve Loop
or US Highway 93.
DKIT ELOPERS AGREEMENT
TKGSP-eIIJGP-Y,,I-IRTEDF,VFI,OPMEN . - -1 -F _tNjy �3_TRJF'_"TV ytj_p�ppy
C. All roadway improvements shall be built in accordance with City
of Kalispell road design standards.
d. Roadway design shall include provisions for landscape boulevards
and sidewalks (Refer to condition No. 9).
12. Development of an overall landscape plan addressing public and private street
boulevards, street trees, perimeter project landscaping, parking lot landscaping and all
con-imon area landscaping shall be submitted to the City Parks Director for approval
in writing prior to installation. The landscape improvements in the public right-of-
way shall be installed or bonded for at time of final plat. The landscape improvements
serving individual buildings or tenants shall be addressed at the time of building
permit issuance. In particular the landscape plan shall address. -
a. All landscape buffers, boulevards, tree planters, landscape islands,
tree wells, etc. and common areas with live landscape materials shall be
provided with adequate irrigation.
b. The developer or future leases shall be responsible to insure the
live landscaping is maintained in "live" condition.
C. An irrigated corridor of at least 20 feet in width shall. parallel the
road right-of-way of US Highway 93 including undulating topography and
have a mix of tree plantings with a ground cover of predominately sod.
d. All landscape islands within parking lots shall incorporate
predominately living materials including trees. In parking lot islands,
shade trees shall be placed in such intensity and location as to form a
canopy where they cover or line sidewalks and wherever they are used, a
visual break from the open asphalt parking areas surrounding it.
e. Landscape boulevards should be planted with street trees every 40
feet.
f. The use of any form of bark, mulch, rock, etc, shall not be used as
a primary method of landscaping. These materials may be used to augment
live landscape features upon approval by the Parks Director. If rock is to
be used it must be I inch or less fractured. 14 inch diameter river rock is
prohibited.
DUT ELOPERS AGREEMENT
-IF 'k 114
rYGSPRIVGPI,iilVIFY)FVEI.,OPiAr,F.N -,TVFCLT-VJ YJ A V .4
9- In high traffic areas, an urban design approach. to islands (concrete
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with trees in grates or patterned/colored concrete type designs) is required.
Prior to the issuance of a building permit:
13. A development agreement shall 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 that shall be completed and signed by the city and owner prior to
the issuance of a building permit.
14. A proposed site plan for Spring Prairie Phase 4 PUD is required to be submitted to the
Kalispell Site Review Committee for review and approval prior to issuance of a
building permit for any structural development. Approval of this PUD does not
convey or grant any specific authorization or project pre -approvals relative to the
duties of the Site Review committee.
15. Any proposed structure for Spring Prairie Phase 4 PUD is required to be submitted to
the Kalispell Architectural Review Committee prior to issuance of a building permit.
Approval of this PUD does not convey or project grant any specific authorization or pro
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pre -approvals relative to the duties of the Architectural Review committee.
16. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. All design work shall be
reviewed and approved in writing by the Kalispell, Public Works Department prior to
construction. This infrastructure shall include but not be lin-lited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
17. Water and sewer main extensions shall be designed and constructed in accordance
with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final plat,
a certification shall be submitted to the Public Works Department stating that the
water and sewer mains have been built and tested as designed and approved.
18. The developer shall submit to the Kalispell Public Works Department for review and
approval. a storm water report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to final.
C)
plat, a certification shall be submitted to the Public Works Department stating that the
DEVELOPERS A GREEMENT
TKG SPRING PRAIRIE DEVELOPMENT FOUR LLC AND THE CITY OF KALISPELL
Page - 7
drainage plan for the subdivision has been installed as designed and approved.
19. A storm water management plan shall. be submitted for approval. The plan should
highlight how the retention pond will generally be maintained in relation to
vegetation, liter, etc.
20. Prior to final plat a letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City of
Kalispell or a proper bond has been accepted for unfinished work.
21. The traffic impact study for the project site shall be reviewed and approved by the
Public Works Department and where appropriate, the Montana Department of
Transportation, in order to determine the appropriate mitigation as the project
develops.
22. The developer shall obtain an approach permit from the Montana Department of
'Transportation (MDT) for approaches onto Reserve Loop and US Highway 93. If
any improvements are necessary at the intersection of the roadways, these
improvements shall be completed to the satisfaction of the MDT prior to final plat
and MDT shall so certify this in writing to the city.
23. Prior to final plat all mitigation required as part of the approved traffic impact study
shall be completed. All improvements shall be reviewed and approved by either the
Public Works Department or Montana Department of Transportation. A letter from
the Kalispell Public Works Department or Montana Department of 'Transportation
shall be submitted stating that all new infrastructure has been accepted by the City of
Kalispell or State of Montana. If infrastructure work has not been accepted, a. letter
stating that a proper bond has been accepted for the unfinished work by the
appropriate agency is required.
24. The fire access and suppression system shall comply with the Uniform- Fire Code and
a letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
The fire access and suppression system shall be installed and approved by the Fire
Department prior to final. plat approval.
25. A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision. The approved landscape
plan shall be implemented or a cash in lieu payment for installation of the street trees
and groundcover provided to the Kalispell Parks and Recreation Department.
DEVELOPERS AGREEMENT
TKG SPVYUG PT A 1-11F DEVU41
26. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension
of utilities from this subdivision to adjoining properties. A letter from the Kalispell
Public Works Department shall be obtained stating that the required easements are being
shown on the final plat.
27. The following statement shall appear on the final plat: "The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing or
offering to provide telephone, telegraph, electric power, gas, cable television, water or
sewer service to the public, the right to the joint use of an easement for the construction,
maintenance, repair, and removal of their lines and other facilities, in, over, under, and
across each area designated on this plat as "Utility Easement" to have and to hold
forever."
Department of Natural Resources and Conservation
(Kalispell Subdivision Regulations, Section 3.21 (H))
,)8.
That a minimum of two-thirds of the necessary public infrastructure for this
subdivision shall be completed prior to final plat submittal and that both the water and
sewer systems serving this phase be operational.
29. All utilities shall be placed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell. Standards for
Design and Construction.
11. AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
1. This Development Agreement may be amended or modified only, by application of TKG, in
accordance with the procedures set forth herein.
3. Modifications of this Development Agreement which are determined by the Site Review
Committee and approved by the City Manager to be minor modifications shall require only
the consent of the Site Review Committee, and shall not require the consent or approval of
the City Council or any other public agency. All amendments and modifications to this
Development Agreement other than minor modifications shall require the approval of the
City Council of the City of Kalispell,
DEVELOPERS AGREEMENT
TYG SPV,.IVG THP PtTV a -IL PIW
4. 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
detern-drie,whether the modification is minor or major.
5. The Site Review Committee shall make its determination with respect to any application 'I
a minor modification subject to this Section within fifteen (15) days after it determines the
application to be subject to said minor modification.
6. If the amendment or modification requested is of such a nature as to require approval of the
City Council, the Site Review Committee shall refer the matter to the City Council within
fifteen (15) days after it determines the matter requires Council review.
7. TKG may appeal any decision of the Site Review Committee to the City Council, who may
affirm, reverse or modify the Site Review Conunittee decision.
1. Eff
ective Date. This agreement shall be effective immediately.
2. Sei,,erability. In the event that any provisions of this agreement 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.
3. Recordation. This agreement may be recorded along with the CC&R's with respect to the
subject property.
4. Entire Agreernent — Pritnacy. This agreement constitutes the entire agreement between the
parties and may only be amended as set forth herein. In the event, during the term of this
Agreement, there is a variance between the provisions of this Agreement and the CC&R's,
filed with respect to the subject property, this Agreement shall take precedence.
5. Bindhig Effect. This Agreement shall be binding upon and inure to the benefit of the
respective parties heirs, successors and assigns.
DEVELOPERS AGREEMENT
rrr111
0-MCLUM
TKG SPRING PRAIRIE DEVELOPMENT
FOUR,
By: TKG Spring Prairie Four Investors,
L.L.C.
m
CITY OF KALISPELL
m.
Doug Russell, City Manager
DEVELOPERS AGREEMENT
TKG SPV,1Vf.-PR-A-fVM*FVFf,QP-A i , .. 1-1--l"I TV -A FV- A YTQ-PF.T.Y.
STATE OF MISSOURI
):ss
County of Boone
On this day of September, 2015, before we, the undersigned, a Notary Public for
the State of Missouri, personally appeared -, in his capacity as the
Manager of TKG SPRING PRAIRIE FOUR INVESTORS, L.L.C,, the Manager of TKG
SPRING PRAIRIE DEVELOPMENT FOUR, L.L.C., that executed the foregoing instrument,
and acknowledged to me that he subscribed, sealed and delivered said instrument as the free and
voluntary act of said entity, for the uses and purposes therein set forth, and that he was duly
authorized to execute the same on behalf of said entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Public, State of Missouri
Printed Name:
Residing at
My Commission Expires
STATE OF MONTANA
County of Flathead
On this day of September, 2015, before me, a Notary Public in and for the State of
Montana, personally appeared DOUG RUSSELL, known to me to be the City Manager of the
CITY OF KALISPELL, a municipality, that executed the within instrument, and acknowledged
that such City Manager subscribed, sealed and delivered said instrument as the free and
voluntary act of said municipality, for the uses and purposes therein set forth, and that he was
duly authorized to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Notary Public, State of Montana
Printed Name:
Residing at
My Commission Expires
DEVELOPERS AGREEMENT