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F3. Final Plat - Spring Prairie Development Four, Phase 1PLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final Plat Request for Spring Prairie Development Four Subdivision — Phase 1 (Outlot J) MEETING DATE: October 5, 2015 BACKGROUND: TKG Spring Prairie Development Four, LLC, submitted a request for final plat approval of the Spring Prairie Development Four Subdivision — Phase 1, a I -lot commercial subdivision. The 2.304 acre site is located at 250 Old Reserve Drive, which is at the southwest corner of Old Reserve Drive and U.S. Highway 93. The property can be described as the SE4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The subdivision is the first phase of a commercial development that was preliminary platted by City Council by Resolution 5714 on April 20, 2015, with 29 conditions. All 29 conditions of the preliminary plat have been adequately met or otherwise adequately addressed. The developer has submitted a subdivision improvement agreement (SIA). The SIA included with the final plat application will cover the engineer's estimate of costs to construct the remaining public infrastructure for Spring Prairie Development Four — Phase 1. The cost to complete these items is $72,871.00. The Irrevocable Line of Credit submitted with the final plat application addresses 125% of the estimated cost of remaining improvements. RECOMMENDATION: It is recommended that the City Council approve the final plat for Spring Prairie Development Four Subdivision — Phase 1 and accept the Subdivision Improvements Agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance with conditions letter and associated attachments. c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE September 30, 2015 Doug Russell, City Manager City of Kalispell 201 1s` Avenue East Kalispell, MT 59901 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispeR.com/planning Re: Final Plat Request for Spring Prairie Development Four Subdivision— Phase 1 (Outlot J) Dear Doug: TKG Spring Prairie Development Four, LLC submitted a request for final plat approval of the Spring Prairie Development Four Subdivision — Phase 1, a 1-lot commercial subdivision. The 2.304 acre site is located at 250 Old Reserve Drive, which is located in the southwest corner of Old Reserve Drive and U.S. Highway 93. The property can be described as lying in the SE4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The subdivision is the first phase of a commercial development that was preliminary platted by City Council by Resolution 5714, on April 20, 2015. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5714. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: l . That the development of the site will be in substantial conformance with the preliminary plat documents entitled Spring Prairie 4 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 Staff Response: This condition has been met. The site is in substantial conformance with the preliminary plat documents and associated submittal drawings. 2. The preliminary plat approval for the development shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. Resolution 5714 approving the preliminary plat for Spring Prairie Development Four was approved on April 20, 2015, and is still valid. 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. Staff Response: This condition has been met. A hotel is proposed on Outlot J. Hotels are a permitted use in the B-2 Zone. 4. The landscape berm on the west end of the property located behind the anchor lots must 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 will need to be landscaped in accordance Parks and Recreation's requirements by using conifers and deciduous trees planted at an intensity to create a visual barrier from the commercial development. Staff Response: The landscaped berm is not applicable to Outlot J. The landscaped berm will be completed with the next phase of the Spring Prairie Development Four Subdivision. 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. Staff Response: This condition is not applicable to Outlot J. The recreation area on the south end of the property will be completed with the next phase of the Spring Prairie Development Four Subdivision. 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. Staff Response: This condition is not applicable to Outlot J. The retention pond on the south end of the property will be completed with the next phase of the Spring Prairie Development Four Subdivision. 7. When looking towards the development from Kidsports, landscaping should be of the intensity to create a visual barrier. Staff Response: This condition has been met. Parks and Recreation has issued a letter approving the landscape plans on September 25, 2015. 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. Staff Response: This condition has been met. A sign permit will have to be approved by the Zoning Administrator prior to being installed on the property. 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 warm 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. Staff Response: This condition has been met. The Kalispell Architectural Review Committee has approved the proposed hotel plans for Outlot J. b. Four sided architecture is required for all structures 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 120 feet in length shall have variation and interest in the wall. Among other things, major landscaping, significant tree planting, use of color or building materials or architectural treatments will be in order. Staff Response: This condition has been met. The Kalispell Architectural Review Committee has approved the proposed hotel plans for Outlot J. 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 modified roof accent and increased usage of windows and trim. Staff Response: This condition has been met. The Kalispell Architectural Review Committee has approved the proposed hotel plans for Outlot J. d. Franchise architecture may be subject to modification to achieve the building style objectives. Staff Response: This condition has been met. The Kalispell Architectural Review Committee has approved the proposed hotel plans for Outlot J. 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. Staff Response: This condition has been met. The Kalispell Architectural Review Committee has approved the proposed hotel plans for Outlot J. f. All roof mounted equipment, i.e. HVAC, should be shielded from all views. Staff Response: This condition has been met. The Kalispell Architectural Review Committee has approved the proposed hotel plans and the screening of roof mounted equipment is adequate. 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. Staff Response: This condition is not applicable to Outlot J. The pedestrian bike trail will be completed with the next phase of the Spring Prairie Development Four Subdivision. 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. Staff Response: This condition has been met. The landscaped boulevard and sidewalk required for Outlot J will be installed during construction of the hotel and are tied to certificate of occupancy. 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. Staff Response: This condition has been met. A 7 foot landscaped boulevard with trees and a 6 foot sidewalk will be provided adjacent to the entrance road located along the east boundary of Outlot J. The landscaped boulevard and sidewalks must be installed prior to certificate of occupancy of the hotel. The remainder of the landscaped boulevards and sidewalks will be installed as other parcels within the next phase of the subdivision. 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. Staff Response: This condition has been met. A 6 foot sidewalk will be installed connecting this parcel to the existing bike path along Old Reserve Drive. The pathway must be installed prior to certificate of occupancy of the hotel. The remaining sidewalk connections will be installed as other parcels within the next subdivision phase develop. 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. Staff Response: This condition is not applicable to Outlot J. The east -west sidewalk corridors will be installed at the next phase of the subdivision. 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 textures concrete, stone or other contrasting material to visually denote a pedestrian way. Painting the walk area is not adequate. Staff Response: This condition has been met. Prior to certificate of occupancy for the hotel on Outlot J, the sidewalks and pedestrian crossings will have to be installed as indicated on the plan submitted to Site Review Committee. g. 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. Staff Response: This condition is not applicable. The hotel on Outlot J is not proposing any architectural features within their sidewalk entrances. 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. Staff Response: This condition is not applicable. The pedestrian pathway will be installed during the next phase of the subdivision. 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. Staff Response: This condition is not applicable. The aesthetics of the pathway to Kidsports will be evaluated during the next phase of the subdivision. j. Public utilities within the right of way should be landscaped to shield them from view. Staff Response: This condition is not applicable. There are no utilities proposed in the right -of way for Outlot J. 11. Transportation and parking: a. General access to the commercial district from Reserve Loop to the north and US Highway 93 to the east shall be limited to 5 approaches as approved by MDT. Staff Response: This condition has been met. MDT has issued an approval of the approach that will be used for Outlot J. The remaining approaches will be part of the next phase of the subdivision. 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. Staff Response: This condition has been met. The hotel proposed on Outlot J is gaining its access from one of the approved MDT approaches off of Old Reserve Drive. c. All roadway improvements shall be built in accordance with City of Kalispell road design standards. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. d. Roadway design shall include provisions for landscape boulevards and sidewalks (Refer to condition No.9). Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. 12. Development of an overall landscape plan addressing public and private street boulevards, street trees; perimeter project landscaping, parking lot landscaping and all common 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. Staff Response: This condition has been met. Parks and Recreation has issued a letter approving the landscape plans on September 25, 2015. The letter is attached hereto for reference. All other landscaping associated with the development will be part of the next subdivision phase. b. The developer or future leases shall be responsible to insure the live landscaping is maintained in "live" condition. Staff Response: This condition has been met. The developer has entered into a Developers Agreement with the city which assures that 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. Staff Response: This condition is not applicable to Outlot J. The 20 foot wide landscaped corridor will be installed at the next subdivision phase. 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. Staff Response: This condition has been met. Parks and Recreation has issued a letter approving the landscape plans on September 25, 2015. All other landscaping associated with the development will be part of the next subdivision phase. e. Landscape boulevards should be planted with street trees every 40 feet. Staff Response: This condition has been met. Parks and Recreation has issued a letter approving the landscape plans on September 25, 2015. All other landscaping associated with the development will be part of the next subdivision phase. 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 1 inch or less fractured. 1-4 inch diameter river rock is prohibited. Staff Response: This condition has been met. Parks and Recreation has issued a letter approving the landscape plans on September 25, 2015. All other landscaping associated with the development will be part of the next subdivision phase. g. In high traffic areas, an urban design approach to islands (concrete with trees in grates or patterned/colored concrete type designs) is required. Staff Response: This condition has been met. Parks and Recreation has issued a letter approving the landscape plans on September 25, 2015. All other landscaping associated with the development will be part of the next subdivision phase. 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. Staff Response: This condition has been met. A development agreement was accepted by the Kalispell City Council on September 8, 2015. 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. Staff Response: This condition has been met. The site plan for Outlot J has been submitted to Site Review Committee and has to be approved prior to building permit issuance of the hotel. 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 grant any specific authorization or project pre -approvals relative to the duties of the Architectural Review committee. Staff Response: This condition has been met. The architectural plans for the proposed hotel on Outlot J have been reviewed and approved by 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 limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. 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. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. In addition, the Montana Department of Environmental Quality issued a letter exempting the subdivision. Their exemption letter dated September 30, 2015, is also attached hereto for reference. The developer has also entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (water and sewer main extensions in this case) required, is installed to city standards for design and construction. 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 plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (drainage in this case) required, is installed to city standards for design and construction. 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. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (storm water management in this case) required, is installed to city standards for design and construction. 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. Staff Response: This condition has been met. The developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required, is installed to city standards for design and construction. The subdivision improvement agreement, which encompasses a detailed cost of infrastructure improvements for Spring Prairie Development Four - Phase 1, is attached hereto for reference. 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. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. In addition, the Montana Department of Transportation has reviewed the project and issued an approval. MDT's email is attached hereto for reference. 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. Staff Response: This condition has been met. Montana Department of Transportation has reviewed the project and issued an approval. MDT's email is attached hereto for reference. 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. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawings on September 28, 2015. The letter is attached hereto for reference. In addition, the Montana Department of Transportation has reviewed the project and issued an approval. MDT's email is attached hereto for reference. 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. Staff Response: This condition has been met or adequately addressed. The Fire Department issued a letter indicating the access, hydrant layout and flow rates acceptable on September 24, 2015. The letter is attached hereto for reference. Any remaining fire suppression systems will be installed at the next phase of the subdivision. 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. Staff Response: This condition has been met or adequately addressed. The landscaping plan has been submitted to Parks and Recreation Department. Parks and Recreation will have to approve the proposed landscaped plan associated with Outlot J prior to issuance of building permit for the hotel. Any remaining landscaping will be approved during the next subdivision phase. 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. Staff Response: This condition has been met. Public Works issued a letter on September 28, 2015, acknowledging that the proper easements for utilities are shown on the final plat for Spring Prairie Development Four — Phase 1. The letter is attached hereto for reference. 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)) Staff Response: This condition has been met. The statement and signature block are noted on the final plat. 28. 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. Staff Response: This condition has been met. The public infrastructure serving Outlot J largely exists. Bonding for any remaining infrastructure has been provided for through the Subdivision Improvements Agreement. 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. Staff Response: This condition has been met. All the utilities required for Outlot J will be place underground in locations approved by the Kalispell Public Works Department, in accordance with the Kalispell Standards for Design and Construction. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat, which was approved by the Kalispell City Council on April 20, 2015. 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 can be found to be in compliance with the Kalispell Zoning Ordinance and the 13- 2/PUD zoning designation for the property, which governs the dimensional requirements of the lots within the subdivision, as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Spring Prairie Development Four — Phasel. Please schedule this matter for the regular city council meeting on October 5, 2015. Respectfully submitted, X;k-� 1Z Jarod Nygren Senior Planner Attachments: - 1 copy of final plat - Applicant responses and final plat application dated 9/11/2015 - Subdivision Improvement Agreement - Irrevocable Line of Credit dated 9/28/2015 - Engineers cost estimate dated 9/28/2015 - Title Report #563846-FT dated 9/14/2015 - Montana Department of Environmental Quality approval letter dated 9/30/2015 - Flathead County Treasurer certification dated 9/21/2015. - Letter from Kalispell Public Works Department (engineering and utility easement review approval) 9/28/2015 - Letter from Kalispell Parks and Recreation Department dated 9/25/2015 - Letter from Kalispell Fire Department dated 9/24/2015 - Email from MDT approving the Old Reserve approach dated 9/2/2015 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Toby McIntosh 2250 Hwy 93 South Kalispell, MT 59901 D'�C O A NCOIYIY' ]m,m' m }n P i v -`----1111 A 0 � 1 r A �As� �o > � S a m > 9 Rr n � OX rii - O m a U S o ao a yzm o r o <=0 8 zi o 5Di m Z 'd9 A 5% = m oNm $"g 0 c �'i O ^z i y ZIA ono S. �6.. n X m saga NA x p +� ¢ a r o� A 0 z G) m D m i � a z IM Z mY 5 N m cn m N O Q * --I m �m G U.S. HIGHWAY 93 NORTH -� (n °. 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G S G F , 6 o v D o Z cf)m LL- PLANNING FOR THE FUTURE Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.k-alispell.com/planning FINAL PLAT APPLICATION Project /Subdivision Name: Spring Prairie Development Four Subdivision, Outlot J Contact Person: Name: Toby McIntosh Address: 2250 Hwy 93 South Kalispell, MT 59901 Phone No.: 406.755.3208 Date of Preliminary Plat Approval: May 4, 2015 Type of Subdivision: Residential Industrial Total Number of Lots in Subdivision 2 Land in Project (acres) 28.233 Parkland (acres) No. of Lots by Type: Single Family Duplex Commercial 2 Condominium Cash -in -Lieu $ Townhouse Apartment Industrial Multi -Family Owner & Mailing Address: TKG Spring Prairie Development Four, LLC c/o TKG Management 211 N. Stadium Bvd. Columbia, MO 65203 Commercial X PU D Other Exempt X Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property SE 1/4 Section 36, T29N, R22W, Flathead County, Montana FILING FEE ATTACHED $ 1050 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 1 Attached Not Applicable (MUST CHECK ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 2 mylars 1 11X17 Copy 1 full size copy 1 Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. TKG Spring Prairie Development Four, L.L.C. By: an Authorized Agent Member 11, 2015 Owner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an Auto CAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 Date: 9/11/2015 City of Kalispell Planning & Building Department Tom Jentz, Director 201 15Y Avenue East Kalispell, MT 59901 Re: Spring Prairie Development Subdivision Four, Outlot J Final Plat Application Dear Mr. Jentz, Please find enclosed an application for a final plat for the TKG Spring Prairie Development Four Subdivision, Outlot J. The conditions of preliminary plat approval have been met as described below. 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 The development of Outlot J will be in substantial conformance with the preliminary plat documents. 2. The preliminary plat approval for the development shall be valid for a period of three years from the date of approval. Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 (p) 406.755.3208 (f) 406.755.3218 www.jackola.com Resolution No. 5714 conditionally approving the preliminary plot of Spring Prairie Development Four for a period of three years was passed by the City Council on May 4, 2015. 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. A hotel is planned for Outlot J. Hotels and motels ore a permitted use in the B-2 (General Business) Zone, 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 commercial development. This condition is not applicable to Outlot J and will be completed by the overall subdivision developer. 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. This condition is not applicable to Outlot J and will be completed by the subdivision developer. 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. This condition is not applicable to Outlot J and will be completed by the subdivision developer. 7. When looking towards the development from Kidsports, landscaping should be of the intensity to create a visual barrier. Development of Outlot J will include landscaping on the property perimeter 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. JACY OLA ENGINEERING & ARCHITECTURE. PC P.O. Box 1134 KALISPELL, MT 59903 P 406.755.320B F 406.755.321 B Outlot J will place signage on the two freestanding signs allowed for the development. Building mounted si_gnoge will be in compliance with the Kalispell Zoning Ordinance, 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 warm 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. The building architecture will be reviewed by the City of Kalispell Architectural Review and Developer- b. Four sided architecture is required for all structures 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 120 feet in length shall have variation and interest in the wall. Among other things, major landscaping, significant tree planting, use of color or building materials or architectural treatments will be in order. The building architecture will be reviewed by the City of Kalispell Architectural Review and Developer. 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 modified roof accent and increased usage of windows and trim. The building entry is positioned to be visible from the Highway and provide on anchor to the Outlot J site. d. Franchise architecture may be subject to modification to achieve the building style objectives. The building architecture will be reviewed by the City of Kalispell Architectural Review and Developer and adjusted accordingly. 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. The budding architecture will be reviewed by the City of Kalispell Architectural Review and Developer. JACKOLA ENGINEERING & ARCHITECTURE, PC P.D. Box 1 134 KALISPELL, MT 59903 P 406.755.320B F 406.755.321 8 f. All roof mounted equipment, i.e. HVAC, should be shielded from all views. Appropriate screening will be implemented into the design of Outlot J so that all roof mounted equipment is 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. This condition is not applicable to Outlot J and will be completed in a future phase. 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. Landscape boulevards and sidewalks required for Outlot J will meet the requirements of this condition. 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. A 7 foot landscape boulevard with trees and a 6 foot sidewalk will be provided adjacent to the entrance road located along the east boundary of Outlot J. 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. A 6 foot sidewalk will be installed connecting Outlot J to the existing bike path along Reserve Loop. 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 JACKOLA ENGINEERING & ARCHITECTURE. PC P.O. Box 1 1 34 KALISPELL, MT 59903 P 406.755.320B F 406.755.321 8 sidewalks also need to have a minimum 7 feet landscape boulevard of sod and street trees between the sidewalk and parking access road. This condition is not opplicable to Outlot J. 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. This condition is not applicable to Outlot J g. 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. This condition is not applicable to Outlot J. 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. This condition is not applicable to Outlot J. 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. This condition is not applicable to Outlot J. j. Public utilities within the right of way should be landscaped to shield them from view. This condition is not applicable to Outlot J. 11. Transportation and parking: a. General access to the commercial district from Reserve Loop to the north and US Highway 93 to the east shall be limited to 5 approaches as approved by MDT. Outiot J will be accessed from the common access road at the most western entrance into the full subdivision. This approach will be installed prior to Outlot J obtaining its Certificate of Occupancy. The location of this approach is shown on the approved preliminary plot. JACKOLA ENGINEERING & ARCHITECTURE. PC P.O. Box 1 134 KALISPELL, MT 59903 P 406.755.320B F 406.755.321 8 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. Access to Outlot J will be from the internal rood system, C. All roadway improvements shall be built in accordance with City of Kalispell road design standards. The access rood from Reserve Loop adjacent to Outlot J will be built in accordance with the City of Kalispell road design standards. d. Roadway design shall include provisions for landscape boulevards and sidewalks (Refer to condition No. 9). The roadway design will include landscape boulevards and sidewalks. 12. Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common 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: Overall subdivision landscaping will be completed by the subdivision developer. Landscaping for Outlot J will be designed, reviewed, and approved prior to issuance of a building permit. The Outlot J landscape plan required for building permit will comply with the applicable requirements below. 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 .JAOVOLA ENGINEERING 6 ARCHITECTURE, PC P.O. Box 1134 KALISPELL, MT 59903 P 406.755.320B F 406.755.321 8 used it must be 1 inch or less fractured. 1-4 inch diameter river rock is prohibited. g. In high traffic areas, an urban design approach to islands (concrete 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. The developer of the subdivision has entered into a development agreement with the City of Kalispell. 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. A proposed site plan for Outlot 1 will be submitted to the Kalispell Site Review Committee. Permit documents hove been submitted to the City for review at the time of this final plot application. 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 grant any specific authorization or project pre -approvals relative to the duties of the Architectural Review committee. Outlot J drawings hove been submitted to Architectural Review at the time of this final plat application. 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 limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Outlot J fronts Reserve Loop and will be served by existing water, sewer and dry utilities located within the right-of-way. All other infrastructure required to serve Outlot J will be by the overall development improvements per plans approved by Public Works, 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 JACK.OLA ENGINEERING & ARCHITECTURE, PC P.D. Box 1 134 KALISPELL, MT 59903 P 406.755.320E F 406.755.321 B have been built and tested as designed and approved. Water and sewer service connections for Outlot J will be made from existing mains located in Reserve Loop. 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 plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. Outlot J stormwoter will be served by the overall development storm water improvements per plans approved by Public Works. Temporary measures to connect Outlot J during construction has also been provided and approved through Public Works. 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. A storm water management plan has been submitted by the overall subdivision developer. This plan includes temporary detention that has been sized to support construction on Outlot J. The oulot J developer will provide storm water measures on its site. 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. In lieu of completion of this work prior to issuance of the Outlot J building permit a bond will be provided if necessary for the appropriate improvements. 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. No mitigation is required for the overall subdivision or the development of Outlot J. 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. MDT has approved the location of the approach onto Reserve Loop per the included email dated September 2, 2015 from lean A. Riley, MDT Transportation Planning Engineer. 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 JACKOLA ENGINEERING & ARCHITECTURE. PC P.O. Box 1 134 KALISPELL, MT 59903 P 406.755.320B F 406.755.321 6 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. Any required improvernenis will be completed by the overall subdivision developer. A bond for the improvements will be provided if necessary. 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. Outlot J will be served by the overall subdivision fire suppression system per plans approved by Public Works. 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. Landscaping will be completed by the overall subdivision developer. A bond for the improvements will be provided if necessary. A landscaping plan for Outlot J has been submitted to Public Works. 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. A 40-foot access and utihty easement thru Tract A is shown on the plot. No other easements are required for Outlot J. 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)) The above statement appears on the final plat. 28. 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. JACVOLA ENGINEERING & ARCHITECTURE, PC P.O. Box 1 1 34 KALISPELL, MT 59903 P 406.755.3208 F 406.755.321 B The public infrastructure serving Outlot J largely exists. Bonding for the fire suppression, access, and landscaping will be provided if necessary. 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. All utilities required for Outlot J will be placed underground in locations approved by the Kalispell Public Works Department. Utilities will be installed in accordance with the Kalispell Standards for Design and Construction. Sincerely, Jackola Engineering & Architecture, PC JACV OLA ENGINEERING & ARCHITECTURE, RG P.O. Box 1 1 34 KALISPELL, MT 599113 P 406.755.320E F 4116.755.321 8 Return to: Aimee Brunckhorst Kalispell City Clerk 201 Is` Avenue East Kalispell, MT 59901 APPENDIX ,. =1 . .. THIS AGREEMENT, made and entered into this day of , 20 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and TKG Spring Prairie Development Four, LLC (Name of Developer) a (Individual, Company or Corporation) located at 211 N. Stadium Blvd, Columbia, MO 65203 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Spring Prairie Development Four Subdivision - Phase I (Name of Subdivision) located at SE 1/4 of Sect. 36, T 29N, R 22W, P.M.M, Flathead County, Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Spring Prairie Development Four Subdivision - Phase I , upon the conditions as set forth (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 B' ; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 72,871.00 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 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 $ 91,088.75 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 91,088.75 the estimated cost of completing the required improvements in Spring Prairie Development Four Subdivision - Phase I (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 October 6th 12016 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. TKG Spring Prairie Development Four, LLC iN; l3I STr-i n yr rvxcnvrtzrvxr ^ I I 3-�- o K-rc—i COUNTY OF C�- On this 30t4l day of Stj�,. ct� , 20 tom, before me, a Notary Public for the State of Montana, personally appeared j'i a-j tA/ , known to me to be the �lct�atw(. of T `✓ r' 1�,�,ti �; bex��hose name is subscribed to the foregoing instrument and acknowledged to me t apt he/she executed the same'd' t , L-�-C IN WITNESS WHEREOF, I have hereunto set my hand and affixed first above written. Notary Public for the State of Montanaar� 1Ii Printed Name .D e bra- e- Residing at 60 to tee_. My Commission Expires MAYOR, CITY OF KALISPELL u_. •; ATTEST: CITY CLERK (PRY SE44 -P I i tibT,AIN't V✓��� ' sic //���'OirgTE •OF'QA�S�O���� y and year EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains SEE ATTACHED EXHIBIT B PREPARED BY JACKOLA Other ( ) ENGINEERING & ARCHITECTURE On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other ( ) SUBTOTAL FEES TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) Exhibit B Estimate of Costs Spring Prairie Development Four Subdivision - Phase 1 Amount Amount Estimated Completed or Remaining to ITEM Cost Paid % Complete Complete Water Main from Old Reserve $ 15,496.00 $ - 0% $ 15,496.00 NE Hydrant $ 3,650.00 $ - 0% $ 3,650.00 3" Domestic Water Service $ 1,800.00 $ - 0% $ 1,800.00 6" Fire Service $ 2,200.00 $ - 0% $ 2,200.00 4" Sewer Service $ 2,500.00 $ - 0% $ 2,500.00 Cut, Patch & Repair asphalt, concrete, etc. $ 10,000.00 $ - 0% $ 10,000.00 ROW Landscape $ 27,350.00 $ - 0% $ 27,350.00 Temporary Storm Swale $ 6,500.00 $ - 0% $ 6,500.00 Const. Totals 1 $ 69,496.00 $ - 1 0% $ 69,496.00 Fees $3,375 Total $ 72,871.00 Irrevocable Letter of Credit Required (125%): $ 91,088.75 NTAN.q'". TOBIN LEE 'ONAI-S First ®Interstate Bank IRREVOCABLE LETTER OF CREDIT: Kalispell City Council City of Kalispell Po Box 1997 Kalispell, MT 59901 First Interstate Bank 2 Main St. P.O. Box 7130 Kalispell, MT 59904-0130 406-756-5200 Fax:406-756-5260 www.firstinterstatebank.com Letter Of Credit No. 2309600625 Dated: September 28, 2015 Expiration Date: October 06, 2016 Amount: $91,088.75 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of $91,088.75 at the request of Applied Mechanical, Inc. dba AMI Development. If Applied Mechanical, Inc. dba AM Development fails to complete the specified improvements in the Spring Prairie Development Four Subdivision Phase 1 within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. First Interstate Bank VP Chuck Eble, Vice President This commitment was prepared for you by: INsuRED TITLES 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 Phone(406)755-5028 - Fax(406)755-3299 Escrow Officer: - Title Officer: Andrea Reum - areum@insuredtities.com To: Commerce Bank Order No.: 563846-FT 8000 Forsyth Blvd St Louis, MO 63105 Attention: Ronald Koenig Your Reference: Re: Property Address: 2250 Highway 93 N, Kalispell, MT 59901 ENCLOSED please find the following: Title Commitment Should you have any questions or need further assistance, please contact the undersigned. We appreciate the opportunity to serve you. Sincerely, Andrea Reum enc. Commitment for Title Insurance ALTA PLAIN LANGUAGE COMMITMENT AGREEMENT TO ISSUE POLICY File No.: 563846-FT We agree to issue a policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the policy is issued and then our obligation to you will be under the policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the Public Records or are created or attach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Issued through the Office of: OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY 4.1lxk r Insured Titles �i!; .rA^i,r,,ya,yrik Si?iifft. MA fI<YH i. dSNt� tlu'r kr 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 tip Authorized Signature ORT Form 4311 ALTA Plain Language Title Insurance Commitment 06/06 Commitment for Title Insurance ALTA PLAIN LANGUAGE COMMITMENT � at INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <htti)://www.alta.orq/>. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, contact Insured Titles (406)755-5028 TABLE OF CONTENTS INFORMATION Front Page AGREEMENT TO ISSUE POLICY Back Page CONDITIONS Back Page SCHEDULE A Insert 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B Insert SCHEDULE B - I REQUIREMENTS Insert SCHEDULE B - II EXCEPTIONS Insert ORT Form 4311 ALTA Plain Language Title Insurance Commitment 06/06 ORT Form 4311B ALTA Plain Language Commitment for Title Insurance 6/06 FILE NO.: 563846-FT FIRST COMMITMENT SCHEDULE A 1. Commitment Date: September 04, 2015 at 7:30 A.M. 2. Policy or Policies to be issued: Policy Amount Premium Amount Owner's Policy Extended Leasehold Owner's Policy (6/17/06) ORT Form $26,400,000.00 $37,395.50 4309 (Premium amount reflects $18,697.75 - Subdivider's credit) Proposed Insured: TKG Spring Prairie Development Four L.L.C., a Missouri limited liability company Endorsements: 13-06, 9.1-06, 18.1-06, 25-06, 26-06 $ 250.00 Loan Policy Extended Leasehold Loan Policy (06/17/06) ORT Form $ 26,400,000.00 $40.00 4310 (Premium amount reflects $no available credit) Proposed Insured: Commerce Bank, its successors and/or assigns as their interests may appear as defined in the Conditions of this policy. Endorsements: 13.1-06, 9-06, 9.6-06, 6-06, 8.2-06, 14-06, 17-06, 3- $10,288.88 06, 18.1-06, 19-06, 25-06, 26-06 3. Leasehold Estate in the land described in this Commitment is owned, at the Commitment Date, by: TKG Spring Prairie Development Four, L.L.C., a Missouri limited liability company, as to a Leasehold estate created by that certain Victory Commons Commercial Ground Lease dated October 7, 2014, between the State of Montana by and through the State Board of Land Commissioners, in trust for Common Public Schools, acting by and through the State of Montana Department of Natural Resources, as Lessor, and TKG Spring Prairie Development Four, L.L.C., a Missouri limited liability company, as Lessee, as evidenced by Memorandum of Victory Commons Commercial Ground Lease dated September 15, 2015, and recorded on September 22, 2015, as Doc. No. 2015- 000-22146 AND re -recorded on September 24, 2015, as Doc. No. 2015-000-22467, in the records of the Clerk and Recorder of Flathead County, Montana. 4. The land referred to in this Commitment is described as follows: The land referred to herein is described in the Legal Description attached hereto as Exhibit A. Commonly known as: 2250 Highway 93 N, Kalispell, MT 59901 Exhibit "A" Real property in the County of Flathead, State of Montana, described as follows: VICTORY COMMONS COMMERCIAL LOT: THAT PORTION OF THE SOUTH ONE-HALF (S1/2), SECTION THIRTY-SIX (36), TOWNSHIP TWENTY-NINE NORTH, RANGE TWENTY-TWO WEST (T. 29N R. 22W.), PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE EAST -WEST MID -SECTION LINE OF SAID SECTION 36, S89°58'06"E 867.68 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF RESERVE LOOP AND TO THE BEGINNING POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 935.04 FEET FROM WHICH THE RADIUS POINT BEARS N21002'33"E, THENCE ALONG SAID RIGHT-OF-WAY AND ALONG SAID CURVE AN ARC LENGTH OF 342.96 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S89058'22"E, 57.56 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S89058'06"E 1249.19 FEET TO THE WEST RIGHT-OF-WAY OF U.S. HIGHWAY 93; THENCE ALONG SAID RIGHT-OF-WAY S00009'13"W 47.74 FEET; THENCE S14002'47"E 61.86 FEET; THENCE S00012'01"W 1000.10 FEET; THENCE S14ID16'50" W 41.18 FEET; THENCE S00011'01"W 299.89 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N89050'21"W 80.07 FEET; THENCE S00°09'27"W 99.93 FEET; THENCE N89049'53"W 225.04 FEET; THENCE N00010'48"E 232.29 FEET; THENCE N44036'56"W 257.08 FEET; THENCE N90000'00"W 363.66 FEET; THENCE N00001'47"W 831.87 FEET; THENCE N89058'06"W 400.00 FEET; THENCE N00001'47"W 300.00 FEET TO THE TRUE POINT OF BEGINNING. ORT Form 4311E ALTA Plain Language Commitment for Title Insurance 6/06 FILE NO.: 563846-FT SCHEDULE BI AND BII SCHEDULE B-SECTION I REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) Release(s) or Reconveyance(s) of items(s) . (f) If any document in the completion of this transaction is to be executed by an attorney -in -fact, the Power of Attorney must be submitted for review prior to closing. (g) You must give us the following information: Any off record leases, surveys, etc. Statement(s) of identity, all parties. 3. Other. (h) We require a Resolution specific to this transaction, stating the power and authority of the party or parties who plan to execute the forthcoming documents on behalf of said TKG Spring Prairie Development Four,. Limited Liability Company. (i) The policy liability contemplated by this transaction exceeds our local limit. Underwriter approval must be obtained from the Home Office or Regional Office prior to closing. Please contact the title officer in advance of the closing date to discuss the specifics of the proposed transaction, including identity of proposed insureds, endorsement requirements, and exceptions which are to be eliminated. (j) We will require an UPDATED urban ALTA/ACSM Land Title Survey with optional items 1;2;6(a,b);7a;8;9;10(a);11(a);16;17 and 20 listed in "Table A Optional Survey Responsibilities and Specifications". ORT Form 4311E ALTA Plain Language Commitment for Title Insurance 6/06 FILE NO.: 563846-FT SCHEDULE B -SECTION II EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records, subject to the following: a. Exception #6 (above) is deleted as to any liens or future liens resulting from work or material furnished at the request of any one other than TKG Spring Prairie Development Four, L.L.C. b. Exception #6 (above) remains in full force, and Old Republic National Title Insurance Company shall have no liability for any liens arising from work or material furnished at the request of TKG Spring Prairie Development Four, L.L.C. 7. Any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials, whether or not shown by the public records. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 9. 2015 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2014 $1171.24 PAID $1171.23 PAID E000476 10. 2014 taxes are exempt. (as to Assessor No. E000289) 11. Resolution by the State Highway Commission of the State of Montana for Designation of Limited Access Highway recorded December 6, 1989, as Doc. No. 89-340-09150, records of Flathead County, Montana. 12. Easement for access, including the right to install underground pipes and other equipment that may be needed to transport water, granted to the City of Kalispell, recorded February 6, 2009, as Doc. No. 2009-000-02994 and Doc. No. 2009-000-02995. Corrective Deed recorded December 1, 2014, as Doc. No. 2014-000-24231. 13. All matters, and any rights, easements, interests or claims which may exist by reason thereof, disclosed by an ALTA/ACSM survey made by TD&H Engineering on August, 2014, designated Job No. K14-024. 14. Ordinance No. 1756 by the City Council of the City of Kalispell to Amend the Zoning of premises TO City B-2 (General Business) with PUD overlay filed August 26, 2015, as Doc. No. 2015-000- 19784. 15. Declaration of Easements, Covenants and Restrictions (Spring Prairie Commons) recorded September 8, 2015 as Doc. No. 2015-000-20981, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 16. Memorandum of Victory Commons Commercial Ground Lease upon the terms, conditions and covenants contained in the lease: Recorded: September 22, 2015 Instrument No.: 2015-000-22146 AND re -recorded September 24, 2015, as Instrument No. 2015- 000-22467 Lessor: State of Montana by and through the State Board of Land Commissioners, in trust for Common Public Schools, acting by and through the State of Montana Department of Natural Resources Lessee: TKG Spring Prairie Development Four, L.L.C., a Missouri limited liability company. NOTE: The foregoing numbered exceptions (1-4 and 6) may be eliminated in an ALTA Extended or HOMEOWNER'S Coverage Policy. A. [0 INFORMATIONAL NOTES In addition to standard County recording fees, an electronic filing fee of $5.00 per document may be charged. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record which attach to the name(s) or interest of the vested owner and/or proposed insured owner/borrower. 4L OLD REPUBLIC NATIONAL TITLE INSURANCE AGENCY PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Old Republic National Title Insurance Company. We may collect nonpublic information about you from the following sources: Information we received from you such as on applications or other forms. Information about your transactions we secure from our files, or from others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform services on our behalf or with whom we have joint market agreements: Financial services providers such as companies engaged in banking, consumer finance, securities and insurance. Non -financial companies such as envelope stuffers and other fulfillment service providers. We do not disclose any nonpublic personal information about you with anyone for any purpose that is not specifically permitted by law. We restrict access to nonpublic information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ORT Privacy Policy 12.02.2008 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY.- TD&H FOR: ST OF MT DNRC DATE: 9/10/15 DESCP : TKG SPRING PRAIRIE DEV FOUR PURPOSE: SUB SUB - PH 1 (Trs. 3 & 4 in 36-29-22) YEARS 2012 THRU 2014 ASSESSOR # 4iIi11 OTA xiIrI1Y" 17 1 hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. - Deputy Treasurer (Seal) SEP 212015 kA September 28, 2015 Tobin McIntosh, PE Jackola Engineering & Architecture PO Box 1134 Kalispell, MT 59903 RE: Springhill Suites (Outlot J) Dear Mr. McIntosh The revised construction drawings and other included submittals dated September 25th, 2015 for the Springhill Suites (Outlot J) project are hereby approved contingent on the following items: 1. Deviation Request 1 (Section 4.8.5-C-IV — Pipe Diameter and Length) is approved allowing 8 inch diameter storm water conveyance pipe rather than the 12 inch minimum specified in the City Standards. Contingent upon approval of this deviation, the owner shall be deemed responsible for any damages or increased maintenance resulting from this decrease in pipe size. 2. Relocate the proposed fire hydrant water service line shown on the base mapping in the northeast area of the property to the southeast area of the property to service the proposed hydrant in that location. 3. Add the utility easement for the water meter pit to Sheet 1.2. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to beginning construction. At project completion, please provide the City with record drawings. We look forward to working with you on this project. Sincerely, Tom Tabler, PE Senior Civil Engineer cc: Emily Gillespie, PE, Montana Department of Environmental Quality 201 P' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.katispelf.com Tom Jentz From: Chad Fincher Sent: Friday, September 25, 2015 11:17 AM To: Jarod Nygren Cc: Tom Jentz Subject: Outlot J Spring Prairie Phase 4/ Victory Commons Jarrod, Per the discussion at Site Review yesterday regarding outlot J of Spring Prairie Phase 4/ Victory Commons, we are ok approving this with a notation that the landscaping in the right-of-way along Reserve Loop will need to be included. The landscaping needs to consist of turf, irrigation and deciduous tress. All landscaping needs to meet or exceed Landscape Ordinance 1690 and trees need to meet or exceed Tree Ordinance 1086. Ch,2d Fncher Parks and Recreation Director Kalispell Parks and Recreation P.O. Box1997 Kalispell, NIT 59903 (406) 758-7960 office (406) 758-7719 fax http://www.lqalispell.com/parl?s and recreation/ 1pJaw lisp«.ae W Po.s x.aa► KALISPELL FIRE DEPARTMENT Dave Dedman — Fire Chief PO Box 1997 Jon Campbell — Assistant Fire Chief 312 First Avenue East Cec Lee — Executive Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 9/24/2015 Tom Jentz City of Kalispell, Planning 201 1st Avenue East Kalispell MT, 59901 Re: Spring Prairie, out lot J Dear Mr. Jentz, After review I find the hydrant layout and locations at the acceptable specific for out lot J of the Spring Prairie Phase 4 subdivision. For reference the proposed hydrant locations are the northeast and southeast corners of out lot J. If you have any additional questions please contact me. Sincerely, Dave Dedman, Fire Chief City of Kalispell "Protecting our community with the highest level ofprofessionalism." From: Riley, Jean ^]h|ey@nnt.guv^ Sent: Wednesday, September 23,2OIS4l0PM To: ]arodNygven Cc: Freyhn|tz, James; Karen B|umenstein Subject: Spring Prairie IV Formerly known asVictory Commons Attachments: Mydocument.pdf Asvvediscussed today, MDT has approved the locations of all the approaches into the Spring Prairie IV subdivision. I have attached a site layout for your information. I understand a motel that is planning on building on Outlot J would like to start construction. Approach #5 is directly across from the westerly most Costco approach can be build and function as a standalone approach for motel. MDT is waiting for the Developer to submit the design for the signalized approach at Approach #1. MDT will not allow any other approaches to be standalone as the signalized approach must be constructed for the traffic flow to work properly. if you have any questions, please contact me. Jean A.Riley, P.E. Transportation Planning Engineer Policy, Program & Performance Analysis Bureau Montana Department otTransportation Success depends upon previous preparation, and without such preparation there is sure to be failure.-- Confucius Montana Department OP En\,ironmental Quality September 29, 2015 Kelly Kloostertnan. Entitlement & Engineering Solutions 518 t 7th Street Suite 1575 Denver CO 80202 RE: TKG Spring Prairie Development Four Subdivision Phase I Municipal Facilities Exclusion EQ# 16-1029 City of Kalispell Flathead County Dear Kelly; This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 7.6-4-127, MCA and ARM 17.36.602. 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 {76-4-111 (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. Sincerely, VA I 1 11 9 1900"M Leata English Subdivision Section (406) 444-4224 email lenglishgrntggv cc: City Engineer County Sanitarian file Steve Bullock, Governor I Tom Livers. Director I F.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 wwwdeq.mt.gov