Developer's Agmt/Stillwater Corp/Kalispell North Town CenterReturn to:
City Clerk
P.O. Box 1997
Kalispell, MT 59903
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Debbie Pierson, Flathead County SAT by NC 5/24/2017 3�09P.MD
DEVELOPERS AGREEMENT
THIS AGREEMENT is made as of the /Z day of Mtvy , 2017, by and between
STILLWATER CORPORATION, a Montana corporation, of 155 7th Ave WN, Kalispell,
Montana, 59904, and the CITY OF KALISPELL, a municipal corporation, of 201 1 st Avenue East,
Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, STILLWATER CORPORATION is the fee owner of certain real property located in
the City of Kalispell, Montana, and more particularly described as set forth in Exhibit
"A" attached hereto and hereinafter referred to as "Subject Property"; and
WHEREAS, the development of the subject property is subject to certain City of Kalispell land use
regulations more particularly described in Ordinance No. 1630 passed by the
Kalispell City Council on February 4, 2008 and as later amended by the Kalispell Site
Development Review Committee, all attached hereto and incorporated herein by this
reference; and
WHEREAS, in order to clarify the remaining conditions of the Planned Unit Development [PUD]
and assure that the installation of the infrastructure improvements within the Subject
Property is consistent with the PUD requirements, the parties hereto determine it to
be in their interests to enter into this Developers Agreement.
NOW THEREFORE, the parties agree as follows:
1. The use and development of the Subject Property shall substantially conform to Ordinance
No. 1630 as amended and any other drawings or exhibits annexed to this Developers
Agreement which are incorporated fully herein by this reference.
2. Except as specifically modified or superseded by this Developers Agreement and the annexed
drawings, the laws, rules and regulations of the City of Kalispell governing the use and
development of land and buildings, including the City of Kalispell Zoning Ordinance, shall
apply to the Subject Property.
DEVELOPERS AGREEMENT — STILLWATER CORPORATION AND THE CITY OF KALISPELL
Page 1 of 3
The provisions of this Developers Agreement shall become effective immediately and shall
terminate upon the issuance of the last building permit(s) for the development on the Subject
Property.
4. This Developers Agreement may be amended or modified only, by application of the owner,
in accordance with the procedures set forth herein.
5. Application for amendment or modification may be made to the Planning Department of the
City of Kalispell by any fee owner within the Subject Property.
6. All amendments and modifications to this Developers Agreement shall require the approval
of the City Council of the City of Kalispell.
7. This Agreement shall be effective immediately and shall remain in full force and effect until
all lots within the Subject Property are developed.
8. In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force and
effect.
9. This Agreement shall be recorded with the Clerk and Recorder for Flathead County,
Montana.
10. This Agreement constitutes the entire agreement between the parties and may only be
amended as set forth herein.
11. This Agreement shall be binding upon and inure to the benefit of the respective parties, heirs,
successors and assigns.
Dated this /z day of M :( , 2017.
STILLWATER CORPORATION
By:
�i tF
CITY OF KALISPELL
Doi s I, City Manager
DEVELOPERS AGREEMENT — STILLWATER CORPORATION AND THE CITY OF KALISPELL
Page 2 of 3
STATE OF MONTANA )
):ss
County of Flathead
On this A day of , 2017, before me, the undersigned, a Notary Public in and for
the State of Montana, personally ppeared 'T�� President of STILLWATER
CORPORATION, a Montana corporation, that executed the ii regoing instrument, and the person
who executed said instrument on behalf of said corporation, and acknowledged to me that such
corporation thereby executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand d affixed my Notarial Seal the day
and year in this certificate first above written.
A110BER GOULET
N6't, Y u OT for the
Ndrnnrq�
s
State; of M::.;ltina
* SEAL *
Residing at Columbia falls, 4"
My Commission Expires
._ ...._
_.__ March 12, 2019
STATE OF MONTANA }
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County of Flathead )
WTa'#- Public, SEof Montana —
Printed Name:
Residing at '
My Commission Expires,,4C ,r
On this 12 day of NA CL"A , 20 n, before me, a Notary Public in and for the State of
Montana, personally appeared DOUG RUSSELL, known to me to be the City Manager of the City
of Kalispell, a municipality, that executed the within instrument, and acknowledged to me that such
City Manager executed the foregoing instrument as the free and voluntary act of said municipality,
for the uses and purposes therein set forth, and that he was duly authorized to execute the same on
behalf of said municipality.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
AIMEE BRUNCKHORST
�gpUNCXy�
NOTARY PUBLIC for #0
* *
N .SEAL..
State of Mtmtane
Residing at Lakeside, Montana
o....... !2�
My Commission Expires
December 4, 2020
NotarV Public, State of Montana
Printed Name:
Residing at
My Commission Expires
DEVELOPERS AGREEMENT— STILLWATER CORPORATION AND THE CITY OF KALISPELL
Page 3 of 3
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Glacier Town Center
Zoning Legal Descriptions
R-3 Urban Single Family Residential
A tract of land Iocated in the Southeast Quarter (SE'/4) and the Southwest Quarter (SW'/4)
of Section 19, and the Northeast Quarter (NE'/4) and the Northwest Quarter (NW'/4) of
Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County,
Montana, more particularly described as follows:
Beginning at a point on the south line of the Southeast Quarter of the Southeast Quarter
of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
said point being North 89°40'28" West 607.98 feet from the southeast corner of said
aliquot part; thence along said south line of said aliquot part, North 89°40'28" West 79.83
feet to the northwest corner of that parcel of land depicted as Tract 1 on Certificate of
Survey No. 15221, records of Flathead County, Montana; thence along the west line of
said Tract 1, South 00°12'44" East 662.10 feet to the northwest corner of that parcel of
land described in Document No. 200221914230 and depicted as Tract 2 on Certificate of
Survey No. 15221, records of Flathead County, Montana; thence along the west line of
said Tract 2, South 00012'44" East 662.17 feet to the southwest corner of said Tract 2;
thence along the south line of said Tract 2, South 89°42' 14" East 687.92 feet to the
northeast comer of the Southeast Quarter of the Northeast Quarter of Section 30,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along
the east line of said aliquot part, South 00°13'02" East 28.02 feet; thence North
90°00'00" West 1257.41 feet; thence North 00000,37" East 34.51 feet to the south line of
the Northeast Quarter of the Northeast Quarter of the first above said Section 30; thence
continuing North 00°00'37" East 1324.52 feet to the south line of the Southeast Quarter
of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M.,
Flathead County, Montana; thence continuing North 00°00'37" East 36.70 feet; thence
North 89°58'24" West 72.32 feet to the west line of said Southeast Quarter of the
Southeast Quarter of Section 19; thence North 89058'24" West 138.52 feet to the
beginning of a 752.15 foot radius curve to the right; thence northwesterly along said
curve through a central angle of 18°02'23", an are length of 236.82 feet; thence North
71 °56'01" West 96.29 feet to the beginning of a 850.00 foot reverse curve to the left;
thence westerly along said curve through a central angle of 47'10'45", an are length of
699.92 feet; thence South 60°53' 14" West 63.82 feet to the south line of the Southwest
Quarter of the Southeast Quarter of said Section 19; thence continuing South 60053' 14"
West 149.14 feet to the west line of the Northwest Quarter of the Northeast Quarter of the
abovesaid Section 30; thence continuing South 60°53' 14" West 33.17 feet; thence North
00°32'36" West 89.60 feet to the south line of the Southeast Quarter of the Southwest
Quarter of said Section 19; thence continuing North 00°32'36" West 527.48 feet; thence
North 90°00'00" West 1298.62 feet to the west line of the Southeast Quarter of the
Southwest Quarter of said Section 19; thence along said west line of said aliquot part,
North 00°33'31" West 800.04 feet to the northwest comer of that parcel depicted as Tract
9 on Certificate of Survey No. 4491, records of Flathead County, Montana; thence along
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Paula Robinson, Flathead County MT by NC
4/10/2009 8:20 AM
the north line of said Tract 9, South 89146'02" East 1327.80 feet; thence North
00°34'07" West 5.45 feet to the southerly boundary of that tract of land depicted on
Certificate of Survey No. 3813, records of Flathead County, Montana; thence along said
southerly boundary of said tract, South 89°53'06" East 1377.15 feet to the southwest
corner of that parcel depicted as Tract 1 on Certificate of Survey No. 8846, records of
Flathead County, Montana; thence South 00°1254" West 34.20_ feet; thence South
89°52'49" East 1272.80 feet to the east line of the above said Section 19; thence along
said east line of said Section 19, South 00°3731" East 761.17 feet; thence North
66°56'48" West 245.50 feet to the beginning of a 200.00 foot radius curve, concave
northwesterly, having a radial bearing of North 67°38'05" West, thence southwesterly
along said curve through a central angle of 22°52'27", an arc length of 79.85 feet; thence
South 45014'22" West 404.59 feet to the beginning of a 150.00 foot radius curve to the
left, thence southwesterly along said curve through a central angle of 45*07'11", an arc
length of 118.12 feet; thence South 00°07' 11" West 177.67 feet to the Point of
Beginning, containing 113.851 acres of land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
B-1 Neighborhood Buffer District
A tract of land located in the Southeast Quarter of the Southeast Quarter (SE'/4SEt/a) of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
more particularly described as follows:
Beginning at the southeast corner of the Southeast Quarter of the Southeast Quarter of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana;
thence along the south line of said aliquot part, North 89°40'28" West 427.98 feet; thence
North 00'07' 11" East 165.85 feet; thence North 45°14'22" East 263.61 feet; thence
North 89°22'02" East 236.57 feet to the east line of the above said Southeast Quarter of
the Southeast Quarter of said Section 19; thence along said east line of said aliquot part,
South 00°37'31" East 356.54 feet to the Point of Beginning containing 3.056 acres of
land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
R-4 Two Family Residential
A tract of land located in the Southeast Quarter of the Southeast Quarter (SEL/4SE'/4) of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
more particularly described as follows:
Beginning at a point on the east line of the Southeast Quarter of the Southeast Quarter of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
said point being North 00°37'31" West 356.54 feet from the southeast corner thereof,
thence continuing along the east line of said aliquot part, North 00137'31" West 185.48
feet; thence North 66°56'48" West 245.50 feet to the beginning of a 200.00 foot radius
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Paula Robinson, Flathead county MT by NC 4/10/2009 8:20 AM
curve, concave northwesterly, having a radial bearing of North 6738'05" West, thence
southwesterly along said curve through a central angle of 22°52'27", an arc length of
79.85 feet; thence South 45014'22" West 404.59 feet to the beginning of a 150.00 foot
radius curve to the left; thence southwesterly along said curve through a central angle ofr
45'07' 11 ", an arc length of 118.12 feet; thence South 00007' l 1" West 177.67 feet to the
south line of the above said Southeast Quarter of the Southeast Quarter of Section 19;
thence along said south line of said aliquot part, South 89°40'28" East 180.00 feet;
thence North 00'07' 11" East 165.85 feet; thence North 45'14'22" East 263.61 feet;
thence North 89'22'02" East 236.57 feet to the Point of Beginning, containing 3.719
acres of land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
And
A tract of land located in the Southwest Quarter of the Southeast Quarter (SWl/4SEl/4) and
the Southeast Quarter of the Southeast Quarter (SEI/4SE1/4) of Section 19, and the
Northeast Quarter (NE'/4) of Section 30, all of Township 29 North, Range 21 West,
P.M.,M., Flathead County, Montana, more particularly described as follows:
Commencing at the southeast corner of the Northeast Quarter of Section 30, Township 29
North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the east line,of
said aliquot part, North 00013'02" West 1295.93 feet; thence North 90°00'00" West
1257.41 feet to the true Point of Beginning of the tract of land being described; thence
continuing North 90°00'00" West 67.59 feet to the east line of the Southwest Quarter of
the Northeast Quarter of the above said Section 30; thence continuing North 90°00'00"
West 848.09 feet; thence North 00°00'00" East 39.50 feet to the north line of the above
said Southwest Quarter of the Northeast Quarter of said Section 30; thence continuing
North 00°00' 00" East 251.79 feet to the beginning of a 200.00 foot radius curve to the
right, thence northeasterly along said curve through a central angle of 45°00'00", an arc
length of 157.08 feet; thence North 45°00'00" East 369.44 feet; thence North 45°00'00"
West 38.17 feet to the beginning of a 150.00 foot radius curve to the right, thence
northerly along said curve through a central angle of 45°07'11", an are length of 118.12
feet; thence North 00'07' 11" East 535.51 feet to the north line of the Northeast Quarter
of said Section 30; thence continuing North 00'07'11" East 131.35 feet to a point on a
850.00 foot radius curve, concave southwesterly, having a radial bearing of South
09°01'08" West; thence southeasterly along said curve through a central angle of
09°02'51", an are length of 134.22 feet; thence South 71°56'01 East 96.29 feet to the
beginning of a 752.15 foot radius curve to the left; thence southeasterly along said curve
through a central angle of 18°02'23", an arc length of 236.82 feet; thence South
89°58'24" East 138.52 feet to the east line of the Southwest Quarter of the Southeast
Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County,
Montana; thence continuing South 89°58'24" East 72.32 feet; thence South 00100'37"
West 36.70 feet to the south line of the Southeast Quarter of the Southeast Quarter of said
Section 19; thence continuing South 00°00'37 West 1324.52 feet to the south line of the
Northeast Quarter of the Northeast Quarter of Section 30, Township 29 North, Range 21
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Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM
West, P.M.,M., Flathead County, Montana; thence continuing South 00°00'37" West
34.51 feet to the Point of Beginning containing 24.493 acres of land.
And
A tract of land located in the Southeast Quarter of the Northeast Quarter (SEI/4NEI/4) of
Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
more particularly described as follows:
Beginning at a point on the east line of the Southeast Quarter of the Northeast Quarter of
Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
said point being North 001113'02" West 1032.96 feet from the southeast corner thereof; ,
thence along the east line of said aliquot part, North 00°13'02" West 262.97 feet; thence 1-' f�-
North 90°00'00" West 982.63 feet; thence South 00°00'00" East 99.59 feet to the
beginning of a 150.00 foot radius curve to the right, thence southwesterly along said
curve through a central angle of 45°00'00", an arc length of 117.81 feet; thence South
45°00'00" West 234.10 feet; thence South 45000'00" East 205.00 feet to the beginning of
a 145.46 foot radius curve to the right; thence southeasterly along said curve through a
central angle of 43'55' 11 ", an arc length of 111.50 feet; thence North 89°59'43" East
249.94 feet to the west line of that parcel of land described in Document No.
200713611350, and shown on Certificate of Survey No. 1890, records of Flathead
County, Montana; thence along said west line of said parcel, North 00°12'59" West
341.68 feet to the northwest corner thereof, thence along the north line of said parcel,
North 89°07' 19" East 757.00 feet to the Point of Beginning, containing 8.932 acres of
land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
B-3 Community Business
A tract of land located in the Southeast Quarter of the Southwest Quarter (SE'/4SW'/4) of �' W
Section 19, and the Northwest Quarter (NW'/4), Northeast Quarter (NEt/4), Southwest
Quarter (SWi/4), and Southeast Quarter (SEI/4) of Section 30, all of Township 29 North, -0- �M
Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as !
follows:
Beginning at a point on the north line of Government Lot 1 of Section 30, Township 29
North, Range 21 West, P.M.,M., Flathead County, Montana, said point being South
89°41'25" East 69.82 feet from the northwest corner thereof, said point also being on the F.f'
north line of that parcel described in Book 550 Page 579, records of Flathead County,
Montana; thence along said north line of said Government Lot 1 and along the north line
of said parcel, South 89041'25" East 773.47 feet to the northeast corner of said parcel;
thence continuing along said north line of said Government Lot 1, South 89°41'25" East
464.37 feet to the southwest corner of the Southeast Quarter of the Southwest Quarter of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana;
thence along the west line of said aliquot part, North 00°33'31 West 520.46 feet; thence
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North 90000'00" East 1298.62 feet; thence South 00°32'36" East 527.48 feet to the north
line of the Northeast Quarter of the Northwest Quarter of the above said Section 30;
thence continuing South 00032'36" East 89.60 feet; thence North 60°53' 14" East 33.17
feet to the west line of the Northwest Quarter of the Northeast Quarter of the above said
Section 30; thence continuing North 60°53' 14" East 149.14 feet to the north line of said
aliquot part; thence continuing North 60°53' 14" East 63.82 feet to the beginning of a
850.00 foot radius curve to the right; thence easterly along said curve through a central
angle of 38°07'54", an are length of 565.69 feet; thence South 00'07' 11" West 131.35
feet to the north line of the Northwest Quarter of the Northeast Quarter of the above said
Section 30; thence continuing South 00'07' 11" West 535.51 feet to the beginning of a
150.00 foot radius curve to the left; thence southerly along said curve through a central
angle of 45"07' 11 ", an arc length of 118.12 feet; thence South 45°00'00" East 38.17 feet;
thence South 45°00'00" West 369.44 feet to the beginning of a 200.00 foot radius curve
to the left, thence southwesterly along said curve through a central angle of 45°00'00", an
arc length of 157.08 feet; thence South 00°00'00" East 251.79 feet to the north line of the
Southwest Quarter of the Northeast Quarter of the above said. Section 30; thence
continuing South 00000'00" East 39.50 feet; thence North 90°00'00" East 848.09 feet to
the east line of the Southeast Quarter of the Northeast Quarter of the above said Section
30; thence continuing North 90°00'00" East 342.37 feet; thence South 00°00'00" East
99.59 feet to the beginning of a 150.00 foot radius curve to the right; thence
southwesterly along said curve through a central angle of 45°00'00", an are length of
117.81 feet; thence South 45°00'00" West 234.10 feet; thence South 45°00'00" East
205.00 feet to the beginning of a 145.46 foot radius curve to the right; thence
southeasterly along said curve through a central angle of 43°55' 11 ", an are length of
111.50 feet; thence North 89°59'43" East 249.94 feet to the west line of that parcel of
land described in Document No. 200713611350, and depicted on Certificate of Survey
No. 1890, records of Flathead County, Montana; thence along said west line of said
parcel, South 00° 12'59" East 675.79 feet to the southwest corner of said parcel, said
point also being on the north line of the Northeast Quarter of the Southeast Quarter of the
above said Section 30; thence along said north line of said aliquot part, North 89142' 18"
West 567.43 feet to the northeast corner of that parcel of land described in Document No.
9407612280 and depicted as Tract 1 on Certificate of Survey No. 9442, records of
Flathead County, Montana; thence along the north line of said Tract 1, North 89°41'29"
West 993.26 feet to the northwest corner of said Tract 1; thence along the west line of
said Tract 1, South 00015'21" East 1324.29 feet to the northwest corner of that parcel of
land described in Document No. 8430608100 and depicted on Certificate of Survey No.
7143, records of Flathead County, Montana; thence along the west line of said parcel,
South 00'15'21" East 1294.33 feet to a point on the northerly right-of-way line of West
Reserve Drive (Montana Highway Project No. RS 548-1(2)4); thence along said
northerly right-of-way line of West Reserve Drive, North 89044'17" West a distance of
330.86 feet to a point on the west line of the Southwest Quarter of the Southeast Quarter
of the above said Section 30, said point also being on the east line of that parcel described
in Document No. 200119710190, and as depicted on Certificate of Survey No. 2394,
records of Flathead County, Montana; thence along said west line of said aliquot part, and
along said east line of said parcel, North 00° 15'40" West 694.72 feet to the northeast
corner thereof, thence along the north line of said parcel, North 89°44'43" West 1335.60
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feet to the east line of Government Lot 4 of the above said Section 30; thence continuing
along the north line of said parcel, North 89°4443" West 47.77 feet, more or less, to the
approximate thread of the Stillwater River; thence leaving said north line of said parcel,
and following said approximate thread of said Stillwater River, the following ten (10)
courses: North 51°43'38" West 36.49 feet; North 75°13'30" West 65.45 feet; South
50°42'04" West 291.30 feet; South 75°30'07" West 128.45 feet; North 55°3234" West
100.35 feet; North 01 °07'27" East 92.74 feet; North 48°20'43 East 191.54 feet; North
14°48'53" East 122.29 feet; North 12°11'01" West 142.46 feet; and North 22°22'01" West
265.55 feet, more or less, to the north boundary of the above said Government Lot 4;
thence along said north boundary of said Government Lot 4, South 89°43'03" East 530.65
feet to the southwest corner of the Northeast Quarter of the Southwest Quarter of the
above said Section 30; thence along the west line of said aliquot part, North 00°23'28"
West 1325.29 feet to the southeast corner of Government Lot 2 of the above said Section
30; thence along the south boundary of said Government Lot 2, North 89°42'28" West
1253.52 feet to the easterly right-of-way boundary of U.S. Highway No. 93 (Highway
Project F5-3(32)115); thence six courses along said easterly boundary line of said U.S.
Highway No. 93: North 04°29'58" East 189.11 feet, North 00'11'13" East 340.08, North
04'34' 11" West 60.20 feet, North 009 1'13" East 40.00 feet, North 13°36'03" West
41.31 feet, and North 00' 11' 13" East 655.88 feet to the south line of Government Lot 1
of the above said Section 30; thence continuing along said easterly right-of-way boundary
of U.S. Highway No. 93, the following five courses: North 00'11' 13" East 164.00 feet,
North 14013'23" East 61.85 feet, North 00011'01" East 940.05 feet, North 13°56'35"
West 61.89 feet, and North 00°10'44 East 100.60 feet to the Point of Beginning,
containing 330.721 acres of land.
AMENDMENTS TO THE GLACIER TOWN CENTER
PLANNED UNIT DEVELOPMENT
On February 4, 2008, the Kalispell City Council passed Ordinance No. 1630 that amended
Section 27.02.101 of the City of Kalispell Zoning Ordinance regarding that portion of land in the
City of Kalispell that was designated with the name, at that time, of the Glacier Town Center.
This large tract of land was given various zoning designations with a Planned Unit Development
[PUD] overlay structure of conditions and requirements specifically described in the Ordinance.
Pursuant to the zoning ordinance, the PUD may be amended by application to the City Council
for any amendment requests considered by the Site Development Review Committee to be a
major change, or by approval of the Site Review Committee if the proposed amendment is
considered to be a minor change to the PUD.
CTA Architects — Engineers, as agent for the Stillwater Corporation, now the owner in fee of the
real property that comprises the Glacier Town Center proposed amendments to the existing PUD.
The Site Development Review Committee considered the proposed amendments and approved
the changes as minor amendments as provided in the ordinance. Specifically, the amendments
are as follows:
(1) The name of the PUD is amended to "Kalispell North Town Center."
(2) The maximum allowed building height for the parcels adjacent to Highway
93/landscaped common area is 35 feet (PUD Condition 15).
(3) The signage plan is modified as shown on the attached exhibit. Condition 14(A) and (B)
reference two common freestanding signs and one monument sign along the eastern edge
of the 100-foot buffer area along Highway 93. The plan is also referenced in Condition
3(K). The new sign exhibit will allow one of the larger freestanding signs to be used by
Lot 5, Block 2, for its individual use (currently the Ford dealership). The monument sign
location will be determined at a later date. The new plan also provides for signage in the
landscape buffer on a rock wall. The signage shall comply with regulations for
subdivision identification signs.
(4) A building permit may be issued for one project (Ford) prior to final plat.
(5) There shall be allowed 19-foot deep spaces for vehicle display areas at auto dealerships,
along with no striping other than the center spine. This condition shall apply only to
display areas for auto dealerships and required parking spaces for auto dealerships shall
meet all dimensional and striping requirements under the zoning ordinance.
All other terms of Ordinance No. 1630 remain unchanged and are fully in force.
G
P.. orensen
Chairman Site Development Review
i
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4
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BOULDER WALL
t
Incorporate "Kalispell
North Town Center" into
the rock wall
Tenant specific pylon
sign for Lot 5, Block
2 - minimum 50'
setback from Rose
Crossing.
BOULDER WALL
Incorporate "Kalispell
North Town Center" into
the rock wall
KNTC pylon sign
located in Lot 1 Block
2 or in future phase
south of Lincoln Street
KNTC SIGN PLAN
MARCH 28, 2017
Kiiu&o(✓/! 200900009939
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ORDINANCE NO.1630
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY CREATING TWO
PLANNED UNIT DEVELOPMENT OVERLAY ZONES. OVER CERTAIN REAL
PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO AND LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29
NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA ZONED WITH CITY R-3,
URBAN SINGLE FAMILY RESIDENTIAL, CITY R-4, TWO FAMILY RESIDENTIAL,
CITY B-1 NEIGHBORHOOD BUFFER DISTRICT AND CITY B-3, COMMUNITY
BUSINESS IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND
TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wolford Development Montana, LLC owns approximately 485.5 acres of real
property described within Exhibit "A" attached hereto and incorporated fully herein
by this reference, and included within assessor's tracts 2C, 21), 6A, 1, 3, 4, 1B, 1C,
ICA, IE, 1F, 1G, 2C, 2CA and located in portions of Sections 19 and 30 of
Township 29 North, Range 21 West, Flathead County; and
WHEREAS, Wolford Development Montana, LLC, the owner of the property described above,
petitioned the City of Kalispell that upon annexation the initial City of Kalispell
zoning classification attached to the above described tract of land be R-3 - Urban
Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood Buffer
District and B-3 - Community Business, with a commercial PUD overlaying the
zoning district of B-3 and a mixed residential/commercial PUD overlaying zoning
districts of B-1, R-4, and R-3; and
WHEREAS, the property is located above West Reserve Drive and spans the distance between
Highway 93 North and Whitefish Stage Road. The project site is generally bounded
by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive
and Semitool along its southern boundary, Highway 93 North along its western
boundary, Whitefish Stage Road along its eastern boundary and a combination of
state owned land and lands within the city and county along its northern boundary;
and
WHEREAS, the petition of Wolford Development Montana, LLC was the subject of a report
compiled by the Kalispell City Planning Office, Amended Staff Report #KA-07-17
and KPUD-07-6, in which the Kalispell City Planning Office evaluated the petition,
compiled evidence and recommended that the property as described above be zoned
R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1 -
Neighborhood Buffer District and B-3 - Community Business, with two Planned Unit
Development overlays; and
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WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the
matter on November 27, 2007 and on December 11, 2007 and after considering all
written and oral public comment as well as all other evidence provided through the
above described staff reports recommended that the initial zoning be R-3, Urban
Single Family Residential, R-4, Two Family Residential, B-1- Neighborhood Buffer
District, and B-3 - Community Business, with two Planned Unit Development
overlays, upon annexation to the City of Kalispell; and
WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter
on January 7, 2008 and received oral and written evidence from the public at that
time; and
WHEREAS, in making these findings of fact the Kalispell City Council considered the following
evidence:
a) Amended Kalispell City Planning Office Staff Report KA-07-17, KPUD-07-6
and KPP-07-12
b) All application and other materials provided by applicant including letters
received by applicant from the Montana Department of Transportation dated
November 27, 2007 and November 28, 2007
c) Minutes of the Kalispell City Planning Board meetings and public hearing
dated 11/27/07 and 12/11/07
d) Submittal materials of Kalispell City Planning Board President Bryan H.
Schutt dated December 20, 2007
e) Response letter from CTA, applicant's agent, commenting on conditions of
approval for Glacier Center PUD and Preliminary Plat approval dated
November 27, 2007
f) All evidence, written and oral, provided by the public at the City Council
Public Hearing dated January 7, 2008
g) All other written evidence provided in public comment materials received in
to the City Clerk's Office prior to 5:00 p.m. on January 22, 2008 including
the January 4, 2008 Montana Department of Transportation letter to
Representative Jon Sonju
h) All oral testimony provided at the "Public Comment" portion of the January
22, 2008 Kalispell City Council meeting
WHEREAS, the Kalispell City Council, after considering all the evidence set forth above to create
two Planned Unit Development overlays over the initial zoning designations of R-3 -
Urban Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood
Buffer District, and B-3 - Community Business, as set forth and described in Exhibit
"A", finds such zoning to be consistent with the Kalispell Growth Policy 2020 and
adopts, based upon the criterion set forth in Section 76-3-608, M. C.A., and State, Etc.
v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of
Kalispell City Planning Office set out in Amended Staff Report No. KA-07-17 and
KPUD-07-6.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby_ amended by designating two
Planned Unit Development overlays upon the real property described in
Exhibit "A" attached hereto and incorporated fully herein by this reference.
A commercial PUD shall overlay the zoning district of B-3 and a mixed
residential/commercial PUD shall overlay the zoning districts of B-1, R-4,
and R-3. Said PUDs shall be subject to the following conditions:
1. The Planned Unit Development for Glacier Town Center allows the following deviations
from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.11.A (Sidewalks)
i. Allows the development of the roads within the project to be designed as shown in
Exhibit F-Roads, of the development application with the following additions:
• Road Section A— provide an 8-foot bike path with a minimum 10-foot boulevard
along the western side of the road. The bike path shall connect with the path
shown along Many Glacier Road on the PUD site plan and extend south to the
southern edge of the BPA easement.
• Road Section C — provide a 5-foot sidewalk on both sides of the roadway. The
sidewalk shall be located to the outside edges of the right-of-way providing a
minimum 10-foot boulevard.
• Road Section D — provide a 5-foot sidewalk along the outside edge of the
roadway. A minimum 5-foot boulevard shall be provided.
• Road Section F — provide a 5-foot sidewalk on both side of the roadway with a
minimum boulevard width of 5 feet. Note: The southern most access into the
subdivision from Highway 93 North shall have an 8-foot bike path in lieu of a
sidewalk on the south side of the roadway to connect with the bike path shown on
the PUD site plan.
• Road Section K — provide a 5-foot sidewalk along the southern edge of the right-
of-way along the street frontage of lot 32.
• All road sections shall locate the sidewalk or bike path within 1 foot of the right-
of-way boundary.
B. Kalispell Subdivision Regulations, Section 3.07.13 (Block length)
Allows a minimum block length of less than 300 feet.
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C. Kalispell Zoning Regulations, Section 27.06.040(3) (Property development standards -
setbacks)
Allows the rear setbacks reduced to 10 feet. The 10-foot setback shall be for accessory
uses such as garages and, on alley loaded lots, the setback shall be taken from the alley
right-of-way.
D. Kalispell Zoning Regulations, Section 27.07.020(5) (Permitted Uses within R-4 zoning
district)
Allows the configuration of three or more townhouse units in the R-4 district only.
E. Kalispell Zoning Regulations, Section 27.15.030(13) (Conditionally permitted uses in the
B-3 zoning district)
Allows retail malls/community shopping centers as a permitted use within the zoning
district. The following conditions shall apply to the lifestyle center and power center:
i. The developer shall provide the city with a pedestrian access plan for the entire
project site. Both trails and sidewalks shown on the PUD plan and as a condition of
approval shall be included in the plan.
a. Linear row of landscaping material on average every 200-225 feet (typically
every 3-4 rows).
b. The landscaping feature will include a combination of trees, bushes and
flowers shall extend the length of the parking lot and shall be a minimum of
10 feet wide.
c. 1-3 inch round river rock is not an approved landscape material.
d. The exterior row of parking lot islands shall be landscaped islands, not just
flat concrete slabs.
e. Pedestrian connections shall also be made to surrounding streets and the bike
path located along Highway 93 North. A minimum of three connections shall be
made from the bike path along Highway 93 North to the lifestyle center. A
minimum of two connections shall be made from the sidewalk along Rose
Crossing to the lifestyle center. Where sidewalks cross traffic lanes, either at
public or private streets or within the parking lot, 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. Simply painting the walk area is not
adequate.
f. The plan shall be reviewed and approved by the city's site review committee.
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F. Kalispell Zoning Regulations, Section 27.15.040(3) (Property development standards in
the B-3 zoning district)
Allows zero setbacks for buildings on the following lots: Lots 1, 2, and 3 of block I of
phase 1 and lots 23, 24, 25, 26, 27, and 28 of block IV of phase 1.
G. Kalispell Zoning Regulations, Section 27.15.040(4) (Maximum building height in the B-
3 zoning district)
Allows a maximum building height of 60 feet within the B-3 zoning district.
H. The request to deviate from the outdoor lighting standards in the Kalispell Zoning
Regulations, Section 27.22.104, is denied. All outdoor lighting shall be designed and
installed in accordance with the zoning regulations.
2. The Glacier Town Center conceptual site plan shall be revised to incorporate the conditions
of approval of the PUD. The revised site plan shall be reviewed and approved by the city
prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling units.
3. The development of the 485.5 acre site shall substantially comply with the materials
submitted and the following maps and elevations contained in the PUD application:
A. Glacier Town Center Conceptual site plan (as amended per condition 2)
B. Land Use map dated August 6, 2007
C. Proposed Underlying Zoning map dated September 4, 2007
D. Roadway Types map dated August 6, 2007
E. Road profile sections A through P dated August 6, 2007 except profile O which is dated
September 4, 2007
Note: Several road profiles shall be amended in accordance with condition LA
F. Road Ownership map dated August 6, 2007
G. Architectural Elevations for the lifestyle center, power center, commercial and office
buildings, single-family, townhouse, and multi -family buildings included in Exhibit H of
the application and attached with the sufficiency letter dated November 6, 2007
H. Phasing plan map dated September 4, 2007
I. PUD boundary map dated August 6, 2007
J. Buffer plans for the following areas as modified by condition 11:
Highway 93 North
Whitefish Stage Road
Perimeter landscape buffer
K. Sign PIan contained in Exhibit H of the application as amended by condition 14
L. Open Space ownership map with maintenance of the open space areas per condition 9
M. Park plan
N. Conceptual Access easement for lots 23 through 28 of Block IV of phase 1
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O. Conceptual lot layout plans for single-family and townhomes except that all townhome
development shall incorporate alleys
P. Streetscape plan for the lifestyle center
4. The following access points or road connections shall be incorporated into the design of
future phases of the project:
A. Six 60-foot local right-of-ways typically 2 per quarter section along the 3 northerly
quarter sections of the project site allowing an average spacing of a street every 560-660
feet shall be provided.
B. A minimum of one 60-foot local road right-of-way along the residential block adjacent to
tracts 1 and 2 of Certificate of Survey 15221 to provide access to these properties western
boundary.
C. Two 60-foot Iocal road right-of-ways for assessor's tract 213A. One road right-of-way
shall be located on the western boundary and the other along the northern boundary for
access onto the future Lake McDonald Road.
D. A roadway connection shall be provided between the residential portion of phase 3 and
phase 4, located north of Rose Crossing.
E. A minimum of three 60-foot road right-of-ways to connect with the Semitool property
located to the east of phase 2 and south of phase 5. One of the roadway connections shall
be located from Many Glacier Road east to the Semitool property in the area of the BPA
easement. The other two road right-of-ways shall be located between phase 5 and
assessor's tracts 3E and 3A.
5. A minimum of 72.3 acres of developed open space and parkland shall be provided within the
Glacier Town Center subdivision less any additional required right-of-ways for local roads
and Highway 93 created by the conditions.
6. The developer shall provide the Parks and Recreation Department with a detailed park
improvement plan and layout for the central park proposed in phase 1 and the park areas in
phases 4 and 5. The park improvement plan shall include but not be limited to walkways,
turf, irrigation, landscaping, security lighting, children's play equipment, benches, trash
receptacles, drinking fountains, where appropriate, and hard surface play areas to include
tennis and/or basketball courts. The plan shall be reviewed and approved by the Parks and
Recreation Department in conjunction with the Police Department for the security lighting.
7. The developer shall provide minor amenities (i.e. parking lot, trails, benches, picnic tables,
trash receptacles) within the open space area adjacent to the Stillwater River. A plan of these
amenities shall be provided to the Parks and Recreation Department and Montana
Department of Fish, Wildlife and Parks for review and approval.
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8. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and
Police Department which includes the pathway width, construction materials, and security
lighting for the paths located throughout the Glacier Town Center subdivision.
Specifications for the bike path construction will be determined by the Parks and Recreation
Department with recommendations provided by the Montana Department of Fish, Wildlife
and Parks in areas where the path comes within 200 feet of the high water line of the
Stillwater River.
9. The pedestrian/bike path shall be improved in accordance with the approved plan prior to the
final plat of each phase of the project. The parks shall be dedicated and improved in
accordance with an approved plan by the Parks and Recreation Department pursuant to the
following phasing plan:
A. Phase 1: The central park shown on the preliminary plat shall be dedicated to the City
of Kalispell and improved
B. Phase 2: the 7 acres of open space along the Stillwater River shall be dedicated to the
City of Kalispell and improved
C. Phase 4: A minimum 2.7 acre park shall be dedicated to the City of Kalispell and
improved
D. Phase 5: A minimum 2.3 acre park shall be dedicated to the City of Kalispell and
improved
Note: The City of Kalispell Parks and Recreation Department will maintain the parks in
phases 1, 2, 4, and 5 listed above. A property owners association shall be created for the
maintenance of all other open space areas on the project site.
10. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA
incorporating all the lots, commercial and residential, within the Glacier Town Center
subdivision. The taxes levied within the maintenance district shall be determined by the
Parks and Recreation Department with approvals by the Kalispell City Council. Such a
district shall become effective upon recording the final plat of phases 1-5 of the Glacier
Town Center subdivision.
11. The landscaping and irrigation plans for the buffer areas along Highway 93 North and
Whitefish Stage Road shall be reviewed and approved by the Parks and Recreation
Department. Landscaping within the perimeter buffer areas of the project site may require
irrigation where appropriate as determined by the developer and the Parks and Recreation
Department. The buffer areas shall be developed as follows:
A. Highway 93 North buffer shall include an irrigated landscaping corridor with
undulating topography and have a mix of tree plantings with a ground cover
predominately of lawn.
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B. Whitefish Stage Road shall include an irrigated landscaping corridor with undulating
topography with landscaped berms a minimum of 5 feet in height from grade and
have a mix of tree plantings with a ground cover predominately of lawn.
C. The perimeter buffer shall include a landscaped corridor with a minimum width of 20
feet and have a mix of tree plantings with a ground cover. Buildings shall be located
a minimum of 20 feet from the edge of the bike/pedestrian trail.
The approved irrigation and landscaping plans shall be installed prior to final plat of the
respective phase where the buffer is located. Round river rock 1"-3" in diameter is not an
appropriate landscape material. Note: Due to seasonal changes bonding is permitted for the
approved landscaping/irrigation plans.
12. The following road intersections shall include engineered roundabouts as part of phase 1 as
shown on the conceptual traffic diagram for the Glacier Town Center:
Sweet Meadow Lane and Many Glacier Road
Many Glacier Road and the roadway serving phase 3.
Two roundabouts along Rose Crossing at intersections to be determined by the traffic
impact study with input from the Public Works Department.
13. The developer shall work with Eagle Transit to establish bus stop locations throughout the
project site. The approved bus stop locations shall be included on the final PUD plan as
referenced in condition 2. Bus stop locations shall be improved in accordance with Eagle
Transit's requirements. These improvements may include a bus shelter.
14. The signs within the Glacier Town Center shall adhere to the sign plans proposed in the
application and referenced in condition 3.K subject to the following conditions:
A. Two freestanding signs designated 1.1 of Exhibit H of the application shall be located
east of the 100 foot buffer area along Highway 93 North. The signs shall be located at
the intersection of Rose Crossing and Highway 93 and the intersection of Sweet
Meadows Lane and Highway 93. The use of message boards shall be prohibited.
B. One monument sign designated 2.1 of Exhibit H of the application shall be located along
the eastern edge of the 100 foot buffer area along Highway 93 North.
C. All other detached signs shall be monument signs within the Glacier Town Center
Commercial PUD. A monument sign is defined as a freestanding, self-supporting sign,
supported by columns and a base, which is placed at ground level, and not attached to
any building wall, fence or other structure. Monument signs shall have a maximum
building envelope of 7'6" high and 11'4" wide including architectural embellishments.
An example of a monument sign is provided in Exhibit H of the Glacier Town Center
application, entry monument sign 2.1.
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D. Signage on lots 6-10 of Block II and lots 11-16 of Block III of phase 1 shall be limited as
follows:
i. All monument signs shall be located along the eastern boundary of the lot adjacent to
the internal subdivision road.
ii. Wall sign area for the west, south and north facing walls of the building shall be
limited to a total of 50% of the total sign area allowed for the lot.
15. The maximum building height for the out parcels adjacent to Highway 93 North, lots 6-10 of
Block II and lots 11-16 of Block III of Phase 1, shall be 27 feet.
16. Buildings located on the out parcels adjacent to Highway 93 North, lots 6-10 of Block II and
lots 11-16 of Block III of Phase 1, and the area designated as B-1 along Whitefish Stage
Road in phase 4 shall include four sided architecture in their building design.
17. The single-family residential lots shall use either an alley loaded design or design the house
with a minimum garage setback of 10 feet from the front wall of the house.
18. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and the Montana Department of Transportation in order to determine the
appropriate mitigation as each phase of the project develops. The traffic impact study shall
be updated for each phase of the development and submitted as part of the preliminary plat
application. The developer shall work with the Montana Department of Transportation to
consider a range of transportation mitigations including roundabouts in the design of
approach permits and to mitigate traffic impacts in the area.
19. A detailed plan to screen the lift stations within the project site shall be reviewed and
approved by the Parks and Recreation Department and Public Works Department as part of
the preliminary plat. Screening of the lift station shall include either enclosing the lift station
within a building or the use of fencing and landscaping.
20. Prior to submitting a preliminary plat for phases 2 and 3 the developer shall contact the
Department of Military Affairs and work with them to come up with a suitable plan to buffer
the anticipated residential land uses adjacent to the existing National Guard facility.
21. If lot 37 of phase 1 reverts back to the developer, the developer shall be required to amend
the PUD plan and propose a use compatible with the existing and proposed uses in the area.
No building permits shall be issued on the lot until the amended PUD plan is approved by the
city council
22. A minimum of two-thirds of the necessary public infrastructure for residential subdivisions
on the Glacier Town Center site shall be completed prior to final plat submittal for each
residential phase and that both the water and sewer systems serving the residential phase be
operational.
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23. The first phase shall be filed within three years of approval of the effective date of this PUD.
Each successive phase shall be filed within two years of final plat approval of the previous
phase. In all events, each phase shall be freestanding in terms of public infrastructure,
services, parks and open space. The city council may grant multiple successive one year
extensions for each phase of the project. A request for a one year extension must be made a
minimum of 60 days prior to the expiration date of the phase.
24. 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.
25. The center access off of Highway 93 serving phase 1 shall be reduced from a 110 foot private
road right-of-way to a 50 foot private road right-of-way. It shall be designed with 2 way — 2
lane design with a three-quarter C/4) movement access. The road design shall support a 5
foot sidewalk and a minimum 5 foot landscaped boulevard on both sides.
28. Lake McDonald Road shall be extended to the eastern property line of the proposed 5 acre
community center site, shown as lot 37 on the preliminary plat.
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 4TH DAY OF FEBRUARY, 2008.
ATTEST:
Theresa White
City Clerk
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Glacier Town Center
Zoning Legal Descriptions
R-3 Urban Single Family Residential
A tract of land Iocated in the Southeast Quarter (SE'/4) and the Southwest Quarter (SW'/4)
of Section 19, and the Northeast Quarter (NEt/4) and the Northwest Quarter (NW'/4) of
Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County,
Montana, more particularly described as follows:
Beginning at a point on the south line of the Southeast Quarter of the Southeast Quarter
of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
said point being North 89040'28" West 607.98 feet from the southeast corner of said
aliquot part; thence along said south Iine of said aliquot part, North 89°40'28" West 79.83.
feet to the northwest corner of that parcel of land depicted as Tract 1 on Certificate of i4 �,a
Survey No. 15221, records of Flathead County, Montana; thence along the west line of ?:
said Tract 1, South 00°12'44" East 662.10 feet to the northwest corner of that parcel of�
land described in Document No. 200221914230 and depicted as Tract 2 on Certificate of
Survey No. 15221, records of Flathead County, Montana; thence along the west line of
said Tract 2, South 00012'44" East 662.17 feet to the southwest corner of said Tract 2;
thence along the south line of said Tract 2, South 89°42' 14" East 687.92 feet to the
northeast comer of the Southeast Quarter of the Northeast Quarter of Section 30,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along
the east line of said aliquot part, South 00°13'02" East 28.02 feet; thence North
90°00'00" West 1257.41 feet; thence North 00°00'37" East 34.51 feet to the south line of
the Northeast Quarter of the Northeast Quarter of the first above said Section 30; thence
continuing North 00°00'37" East 1324.52 feet to the south line of the Southeast Quarter
of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M.,
Flathead County, Montana; thence continuing North 00°00'37" East 36.70 feet; thence
North 89°58'24" West 72.32 feet to the west line of said Southeast Quarter of the
Southeast Quarter of Section 19; thence North 89°58'24" West 138.52 feet to the
beginning of a 752.15 foot radius curve to the right; thence northwesterly along said
curve through a central angle of 18°02'23", an arc length of 236.82 feet; thence North
71 °56'01" West 96.29 feet to the beginning of a 850.00 foot reverse curve to the left;
thence westerly along said curve through a central angle of 47°10'45", an arc length of
699.92 feet; thence South 60°53' 14" West 63.82 feet to the south line of the Southwest
Quarter of the Southeast Quarter of said Section 19; thence continuing South 60°53' 14"
West 149.14 feet to the west line of the Northwest Quarter of the Northeast Quarter of the
abovesaid Section 30; thence continuing South 60°53' 14" West 33.17 feet; thence North
00°32'36" West 89.60 feet to the south line of the Southeast Quarter of the Southwest
Quarter of said Section 19; thence continuing North 00°32'36" West 527.48 feet; thence
North 90°00'00" West 1298.62 feet to the west line of the Southeast Quarter of the
Southwest Quarter of said Section. 19; thence along said west line of said aliquot part,
North 00°33'31" West 800.04 feet to the northwest corner of that parcel depicted as Tract
9 on Certificate of Survey No. 4491, records of Flathead County, Montana; thence along
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Paula Robinson, Flathead County MT by NC
4/10/2009 8:20 AM
the north line of said Tract 9, South 89°46'02" East 1327.80 feet; thence North
00°34'07" West 5.45 feet to the southerly boundary of that tract of land depicted on
Certificate of Survey No. 3813, records of Flathead County, Montana; thence along said
southerly boundary of said tract, South 89°53'06" East 1377.15 feet to the southwest
corner of that parcel depicted as Tract 1 on Certificate of Survey No. 8846, records of
Flathead County, Montana; thence: _South_. 00'12'54_" West_.34.20 feet;. thence _South
89°52'49" East 1272.80 feet to the east line of the above said Section 19; thence along
said east line of said Section 19, South 00°3731" East 761.17 feet; thence North
66°56'48" West 245.50 feet to the beginning of a 200.00 foot radius curve, concave
northwesterly, having a radial bearing of North 67°38'05" West, thence southwesterly
along said curve through a central angle of 22°52'27", an arc length of 79.85 feet; thence
South 45°14'22" West 404.59 feet to the beginning of a 150.00 foot radius curve to the
left, thence southwesterly along said curve through a central angle of 45'07'11", an are
length of 118.12 feet; thence South 00°07' 11" West 177.67 feet to the Point of
Beginning, containing 113.851 acres of land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
B-1 Neighborhood Buffer District
A tract of land located in the Southeast Quarter of the Southeast Quarter (SE'/4SEt/4) of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
more particularly described as follows: Y
Beginning at the southeast corner of the Southeast Quarter of the Southeast Quarter of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana;
thence along the south line of said aliquot part, North 89040'28" West 427.98 feet; thence
North 00°07' 11" East 165.85 feet; thence North 45'14'22" East 263.61 feet; thence
North 89°22'02" East 236.57 feet to the east line of the above said Southeast Quarter of
the Southeast Quarter of said Section 19; thence along said east line of said aliquot part,
South 00°3T31" East 356.54 feet to the Point of Beginning containing 3.056 acres of
land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
R-4 Two Familv Residential
A tract of land located in the Southeast Quarter of the Southeast Quarter (SEL/4SEI/4) of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
more particularly described as follows:
Beginning at a point on the east line of the Southeast Quarter of the Southeast Quarter of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
said point being North 0097'31" West 356.54 feet from the southeast corner thereof;
thence continuing along the east line of said aliquot part, North 00°37'31" West 185.48
feet; thence North 66°56'48" West 245.50 feet to the beginning of a 200.00 foot radius
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curve, concave northwesterly, having a radial bearing of North 67038'05" West, thence
southwesterly along said curve through a central angle of 22°52'27", an arc length of
79.85 feet; thence South 45°14'22" West 404.59 feet to the beginning of a 150.00 foot
radius curve to the left; thence southwesterly along said curve through a central angle of
45'07' 11 ", an arc length of 118.12 feet; thence South 00'07' 11" West 177.67 feet to the ,
south line of the above said. Southeast Quarter. of..the..Southeast_Quarter of .Section 19; ,.a,r
thence along said south line of said aliquot part, South 89040128" East 180.00 feet;
thence North 00'07' 11" East 165.85 feet; thence North 45' 14'22" East 263.61 feet;
thence North 89°22'02" East 236.57 feet to the Point of Beginning, containing 3.719
acres of land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
And
A tract of land located in the Southwest Quarter of the Southeast Quarter (SW'/4SEr/4) and
the Southeast Quarter of the Southeast Quarter (SEL/4SEi/4) of Section 19, and the
Northeast Quarter (NE'/4) of Section 30, all of Township 29 North, Range 21 West,
P.M.,M., Flathead County, Montana, more particularly described as follows:
Commencing at the southeast comer of the Northeast Quarter of Section 30, Township 29
North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the east line,of
said aliquot part, North 00°13'02" West 1295.93 feet; thence North 90°00'00" West
1257.41 feet to the true Point of Beginning of the tract of land being described; thence
continuing North 90°00'00" West 67.59 feet to the east line of the Southwest Quarter of
the Northeast Quarter of the above said Section 30; thence continuing North 90°00'00"
West 848.09 feet; thence North 00°00'00" East 39.50 feet to the north line of the above
said Southwest Quarter of the Northeast Quarter of said Section 30; thence continuing
North 00°00' 00" East 251.79 feet to the beginning of a 200.00 foot radius curve to the
right, thence northeasterly along said curve through a central angle of 45°00'00", an are
length of 157.08 feet; thence North 45°00'00" East 369.44 feet; thence North 45°00'00"
West 38.17 feet to the beginning of a 150.00 foot radius curve' to the right, thence
northerly along said curve through a central angle of 45 °07' 11", an are length of 118.12
feet; thence North 00'07'11" East 535.51 feet to the north line of the Northeast Quarter
of said Section 30; thence continuing North 00'07' 11" East 131.35 feet to a point on a
850.00 foot radius curve, concave southwesterly, having a radial bearing of South
09°01'08" West; thence southeasterly along said curve through a central angle of
09°02'51", an are length of 134.22 feet; thence South 71°56'01 East 96.29 feet to the
beginning of a 752.15 foot radius curve to the left; thence southeasterly along said curve
through a central angle of 18°02'23", an arc length of 236.82 feet; thence South
89°58'24" East 138.52 feet to the east line of the Southwest Quarter of the Southeast
Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County,
Montana; thence continuing South 89'58'24" East 72.32 feet; thence South 00°00'37"
West 36.70 feet to the south line of the Southeast Quarter of the Southeast Quarter of said
Section 19; thence continuing South 00°00'37 West 1324.52 feet to the south line of the
Northeast Quarter of the Northeast Quarter of Section 30, Township 29 North, Range 21
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West, P.M.,M., Flathead County, Montana; thence continuing South 00°00'37" West
34.51 feet to the Point of Beginning containing 24.493 acres of land.
And
A tract of land located in the Southeast Quarter of the _Northeast Quarter (SEI/4NE'/4) of
Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
more particularly described as follows:
Beginning at a point on the east line of the Southeast Quarter of the Northeast Quarter of
Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana,
said point being North 00013102" West 1032.96 feet from the southeast corner thereof,
thence along the east line of said aliquot part, North 00°13'02" West 262.97 feet; thence
North 90°00'00" West 982.63 feet; thence South 00°00'00" East 99.59 feet to the
beginning of a 150.00 foot radius curve to the right, thence southwesterly along said
curve through a central angle of 45°00'00", an arc length of 117.81 feet; thence South
45°00'00" West 234.10 feet; thence South 45°00'00" East 205.00 feet to the beginning of
a 145.46 foot radius curve to the right; thence southeasterly along said curve through a
central angle of 43'55'11", an are length of 111.50 feet; thence North 89°59'43" East
249.94 feet to the west line of that parcel of land described in Document No.
200713611350, and shown on Certificate of Survey No. 1890, records of Flathead
County, Montana; thence along said west line of said parcel, North 00°12'59" West
341.68 feet to the northwest corner thereof; thence along the north line of said parcel,
North 89007' 19" East 757.00 feet to the Point of Beginning, containing 8.932 acres of
land.
Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width.
B-3 Community Business
P
A tract of land located in the Southeast Quarter of the Southwest Quarter (SE'/4SW'/4) of f
Section 19, and the Northwest Quarter (NWi/4), Northeast Quarter (NEt/4), Southwest
Quarter (SWl/4), and Southeast Quarter (SE'/4) of Section 30, all of Township 29 North, 30-!ry
Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as
follows: t
icA
Beginning at a point on the north line of Government Lot 1 of Section 30, Township 29
North, Range 21 West, P.M.,M., Flathead County, Montana, said point being South t
89°41'25" East 69.82 feet from the northwest corner thereof, said point also being on the CA
north line of that parcel described in Book 550 Page 579, records of Flathead County,'
Montana; thence along said north line of said Government Lot 1 and along the north line w
of said parcel, South 89°41'25" East 773.47 feet to the northeast corner of said parcel;
thence continuing along said north line of said Government Lot 1, South 89°41'25" East
464.37 feet to the southwest corner of the Southeast Quarter of the Southwest Quarter of
Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana;
thence along the west line of said aliquot part, North 00°33'31 West 520.46 feet; thence
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North 90°00'00" East 1298.62 feet; thence South 00°32'36" East 527.48 feet to the north
line of the Northeast Quarter of the Northwest Quarter of the above said Section 30;
thence continuing South 00°32'36" East 89.60 feet; thence North 60°53' 14" East 33.17
feet to the west line of the Northwest Quarter of the Northeast Quarter of the above said
Section 30; thence continuing North 60°53' 14" East 149.14 feet to the north line of said
aliquot part; thence continuing North 60°5314" East 63.82 feet -to the beginning of ,a_
850.00 foot radius curve to the right; thence easterly along said curve through a central
angle of 38°07'54", an arc length of 565.69 feet; thence South 00'07' 11" West 131.35
feet to the north line of the Northwest Quarter of the Northeast Quarter of the above said
Section 30; thence continuing South 00'07' 11" West 535.51 feet to the beginning of a
150.00 foot radius curve to the left; thence southerly along said curve through a central
angle of 45'07' 11 ", an arc length of 118.12 feet; thence South 45°00'00" East 38.17 feet;
thence South 45°00'00" West 369.44 feet to the beginning of a 200.00 foot radius curve
to the left, thence southwesterly along said curve through a central angle of 45°00'00", an
are length of 157.08 feet; thence South 00°00'00" East 251.79 feet to the north line of the
Southwest Quarter of the Northeast Quarter of the above said. Section 30; thence
continuing South 00°00'00" East 39.50 feet; thence North 90°00'00" East 848.09 feet to
the east line of the Southeast Quarter of the Northeast Quarter of the above said Section
30; thence continuing North 90°00'00" East 342.37 feet; thence South 00°00'00" East
99.59 feet to the beginning of a 150.00 foot radius curve to the right; thence
southwesterly along said curve through a central angle of 45°00'00", an are length of
117.81 feet; thence South 45°00'00" West 234.10 feet; thence South 45°00'00" East
205.00 feet to the beginning of a 145.46 foot radius curve to the right; thence
southeasterly along said curve through a central angle of 43'55' 11 ", an arc length of
111.50 feet; thence North 89°59'43" East 249.94 feet to the west line of that parcel of
land described in Document No. 200713611350, and depicted on Certificate of Survey
No. 1890, records of Flathead County, Montana; thence along said west line of said
parcel, South 00° 12'59" East 675.79 feet to the southwest corner of said parcel, said
point also being on the north line of the Northeast Quarter of the Southeast Quarter of the
above said Section 30; thence along said north line of said aliquot part, North 89'42' 18"
West 567.43 feet to the northeast corner of that parcel of land described in Document No.
9407612280 and depicted as Tract 1 on Certificate of Survey No. 9442, records of
Flathead County, Montana; thence along the north line of said Tract 1, North 89°41'29"
West 993.26 feet to the northwest corner of said Tract 1; thence along the west line of
said Tract 1, South 00°15'21" East 1324.29 feet to the northwest corner of that parcel of
land described in Document No. 8430608100 and depicted on Certificate of Survey No.
7143, records of Flathead County, Montana; thence along the west line of said parcel,
South 00°15'21" East 1294.33 feet to a point on the northerly right-of-way line of West
Reserve Drive (Montana Highway Project No. RS 548-1(2)4); thence along said
northerly right-of-way line of West Reserve Drive, North 89°44'17" West a distance of
330.86 feet to a point on the west Iine of the Southwest Quarter of the Southeast Quarter
of the above said Section 30, said point also being on the east line of that parcel described
in Document No. 200119710190, and as depicted on Certificate of Survey No. 2394,
records of Flathead County, Montana; thence along said west line of said aliquot part, and
along said east line of said parcel, North 00°15'40" West 694.72 feet to the northeast
corner thereof, thence along the north line of said parcel, North 89044'43" West 1335.60
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Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM
feet to the east line of Government Lot 4 of the above said Section 30; thence continuing
along the north line of said parcel, North 89°4443" West 47.77 feet, more or less, to the
approximate thread of the Stillwater River; thence leaving said north Iine of said parcel,
and following said approximate thread of said Stillwater River, the following ten (10)
courses: North 51°4338" West 36.49 feet; North 75°13'30" West 65.45 feet; South
50°42'04." West 291.30 _feet; South 75°30'07" West 128.45 feet; North 55°3234" West
100.35 feet; North 01 °07'27" East 92.74 feet; North 48°20'43" East 191.54 feet; North
14°48'53" East 122.29 feet; North 12'1101" West 142.46 feet; and North 22°22'01" West
265.55 feet, more or less, to the north boundary of the above said Government Lot 4;
thence along said north boundary of said Government Lot 4, South 89°43'03" East 530.65
feet to the southwest corner of the Northeast Quarter of the Southwest Quarter of the
above said Section 30; thence along the west line of said aliquot part, North 00023'28"
West 1325.29 feet to the southeast corner of Government Lot 2 of the above said Section
30; thence along the south boundary of said Government Lot 2, North 89°42'28" West
1253.52 feet to the easterly right-of-way boundary of U.S. Highway No. 93 (Highway
Project F5-3(32)115); thence six courses along said easterly boundary line of said U.S.
Highway No. 93: North 04029'58" East 189.11 feet, North 00°1 P 13" East 340.08, North
04'34'11" West 60.20 feet, North 0091'13" East 40.00 feet, North 13°36'03" West
41.31 feet, and North 00° 11' 13" East 655.88 feet to the south line of Government Lot 1
of the above said Section 30; thence continuing along said easterly right-of-way boundary
of U.S. Highway No. 93, the following five courses: North 00°11'l3" East 164.00 feet,
North 14013123" East 61.85 feet, North 00011'01" East 940.05 feet, North 13056'35"
West 61.89 feet, and North 00° 10'44 East 100.60 feet to the Point of Beginning,
containing 330.721 acres of land.