I3. Reso 5862 - Village PlazaPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Doug Russell, City Manager
Jared Nygren, Senior Planner
KPP-18-03 — Village Plaza Preliminary Plat Request
April 2, 2018
BACKGROUND: A request from Jerman Holdings, LLC for a major subdivision of a .43-acre
parcel into two lots 9,109 and 9,710 square feet in size. The application was reviewed in accordance
with Section 28.2.06 of the Kalispell Subdivision Regulations. The property is located within the B-1
Zoning District, which provides for commercial office development. Since the lot is part of a
previous subdivision that created more than five lots, a major subdivision application was required.
The land use of the parcel being created is not known at this time, but will have to comply with the
B-1 Zoning requirements and will likely develop as neighborhood commercial/medical office.
The property is located at 60 Village Loop Drive and is currently undeveloped grasslands. The
property can be legally described as Lot 1 of the Plat of Village Plaza, a subdivision in the SW4 SW4
in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing March 13, 2018, to consider the
application request. Staff presented staff report KPP-18-03 providing details of the proposal and
evaluation. Staff reported that the proposed preliminary plat was consistent with the subdivision
regulations, the zoning, and the growth policy. Staff recommended that the Planning Board adopt the
staff report as findings of fact and recommend to the City Council that the preliminary plat be
approved, subject to 10 conditions.
During the public comment portion of the hearing, a neighboring property owner spoke regarding the
amount of traffic that could be expected from the subdivision and continued commercial development
in the area, which was not consistent with the surrounding neighborhood. The applicant also spoke in
favor of the request. There being no further testimony, the public hearing was closed and a motion
was presented to adopt staff report KPP-18-03 as findings of fact, and recommend to the Kalispell
City Council that the preliminary plat be approved, subject to 10 conditions. Board discussion
concluded that the preliminary plat was appropriate, and the motion passed unanimously on roll call
vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5862, a resolution approving a request from Jerman Holdings, LLC for major subdivision Preliminary
Plat KPP-18-03, a major subdivision preliminary plat with ten (10) conditions of approval, located in
Lot 1 of the Plat of Village Plaza, a subdivision in the SW4 SW4 in Section 32, Township 29 North,
Range 21 West, P.M.M., Flathead County, Montana.
FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with development
of the site, which in turn will have positive fiscal impact.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5862
March 13, 2018, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO.5862
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
VILLAGE PLAZA, DESCRIBED AS LOT 1 OF THE PLAT OF VILLAGE PLAZA, A
SUBDIVISION IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER IN
SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, Jerman Holdings, LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
March 13, 2018 on the proposal and reviewed Subdivision Report #KPP-18-03
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Village Plaza subject to certain conditions and
recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of April 2,
2018, reviewed the Kalispell Planning Department Report #KPP-18-03, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-03 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Jerman Holdings, LLC for approval of the Preliminary
Plat of Village Plaza, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction.
4. The developer shall submit to the Kalispell Public Works Department, prior to construction,
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities.
5. 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.
6. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within Village Loop. The
approved landscape plan shall be implemented or a cash in lieu payment for installation of
the street trees and groundcover be provided to the Kalispell Parks and Recreation
Department.
7. All existing and proposed easements shall be indicated on the face of the final plat. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
8. 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."
Developer's Signature
9. All utilities shall be installed underground.
10. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 2ND DAY OF APRIL, 2018.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
VILLAGE PLAZA
REQUEST FOR MAJOR SUBDIVISION PRELIMINARY PLAT
STAFF REPORT #KPP-18-03
KALISPELL PLANNING DEPARTMENT
March 2, 2018
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for preliminary plat approval of a two lot commercial subdivision at 60 Village Loop
Drive. A public hearing has been scheduled before the Kalispell Planning Board for March
13, 2018 beginning at 6:00 PM in the Kalispell City Council Chambers. A recommendation
from the Kalispell Planning Board will be forwarded to Kalispell City Council for final
action.
BACKGROUND INFORMATION: A request from Jerman Holdings for a major
subdivision of a .43-acre commercial parcel into two commercial lots .21 and .22-acres
in size. The property is located within the B-1 Zoning District, which is a neighborhood
commercial zone. The property is located at 60 Village Loop and undeveloped grasslands.
The parcel to be subdivided is Lot 1 of the Plat of Village Plaza. From a practical
standpoint, the proposed subdivision will not create any additional impact in the area.
The lot being subdivided is existing and can be developed at anytime. In its current
state, the lot would likely develop with one large commercial office building under single
ownership. Now that the lot is being subdivided into a two parcels, you would expect
approximately the same square footage of commercial development, it would just happen
with two buildings rather than one.
Since the lot is part of a previous subdivision that created more than five lots a major
subdivision application is required. The land use of the parcel being created is not
known at this time, but will have to comply with the B-1 Zoning requirements and will
likely develop neighborhood commercial/medical office. The application will be reviewed
in accordance with Section 28.2.06 of the Kalispell Subdivision Regulations.
A. Petitioner and Owners:
Jerman Holdings, LLC
22 2ND Avenue West, STE 1000
Kalispell, MT 59901
B. Location: The property is located at 60 Village Loop Drive and can be legally
described as Lot 1 of the Plat of Village Plaza in the SW4 SW4 in Section 32,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana.
C. Size:
Total area: .43 acres
Lot IA: .22 acres
Lot 1B: .21 acres
D. Existing Land Use and Zoning: The property is located within the B-1
(Neighborhood Business) Zoning District. The Kalispell Zoning Ordinance describes
the intent of this district as:
"A business district intended to provide certain commercial and
professional office uses where such uses are compatible with adjacent
residential areas. The district would typically serve as a buffer between
residential areas and other commercial districts. Development scale and
pedestrian orientation are important elements of this district. This district
is also intended to provide goods and services at a neighborhood level.
The district is not intended for those businesses that require the outdoor
display, sale, and/or storage of merchandise, outdoor services or
operations to accommodate large-scale commercial operations. This
zoning district would typically be found in areas designated as
neighborhood commercial or urban mixed use on the Kalispell Growth
Policy Future Land Use Map".
E. Adjacent Land Uses: The surrounding land uses consist of the following:
North: Commercial office
East: Parking and commercial office
South: Commercial office
West: Whitefish Stage Road
F. Adjacent Zoning: The zoning surrounding the subject property is as follows:
North: RA-2
East: B-1
South: B-1
West: RA-1 and R-5
G. Relation to Growth Policy Map: The subject property lies within the jurisdiction
of the Kalispell City Growth Policy. The Growth Policy Future Land Use Map
designates this area as "Neighborhood Commercial," which is an appropriate land
use category for the B-1 Zone, as it would permit neighborhood scale commercial
development.
H. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
Evergreen
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
Centurylink
Schools:
School District #5, Edgerton elementary
Fire:
Kalispell Fire Department
Police:
City of Kalispell
REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT
This application is reviewed as a major subdivision in accordance with state statutory
review criteria and the Kalispell City Subdivision Regulations. Note, that while only one
additional lot is being created, the parent lot (Lot 1) of the Plat of Village Plaza is part of a
previous subdivision that created more than five lots, necessitating a major subdivision
1
application.
A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any
building constructed within the subdivision would be built in accordance with the
International Fire Code and have access which meets city standards. The property
does not have steep slopes or woody fuels. Hydrants will be required to be placed
in compliance with the requirements of the Uniform Fire Code and approved by
the Fire Chief.
Flooding: There are no areas within the 100-year floodplain on the site pursuant
to Flood Insurance Rate Map No. 30029C 1810J.
Access: Access to the new lot being created will be via Village Loop to the north.
Village Loop is an improved city local street, which provides adequate access to
the subject property for general service and in case of emergency. Additionally,
the private drive to the property meets the city standards for ingress and egress.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in
known big game habitat and the property is not considered suitable habitat for
other significant wildlife since the subject property is within an urban area and
currently surrounded by development. Local and migratory bird species and small
mammals common to the area will not be affected by this action.
C. Effects on the Natural Environment: The subject property exists in an
established neighborhood commercial area of Kalispell. The site is level and is not
in or near a designated 100-year floodplain per Flood Insurance Rate Map
Number 30029C 1810J. The proposed subdivision is approximately 420 feet away
from the slope running down to Village Greens that has had slope failure in some
locations. Due to the large setback the proposed subdivision will not unduly
impact the slope stability and the site is suitable for development. Additionally,
prior to building permit issuance a geotechnical report is required for any building
that will be constructed on the subject parcels.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell provides sewer to the subject property and
Evergreen provides the water service. The existing sewer and water service lines
servicing the surrounding development are accessible and can be extended to the
property at any time.
Access and Roads: Access to the new lot being created will be via Village Loop to
the north. Village Loop is an improved city street, which provides adequate access
to the subject property. Any development of the property that creates 300 or more
vehicle trip per day will require a traffic impact study prior to construction. The
traffic study evaluates the impacts the development has on the traffic system and
indicates mitigation necessary to maintain acceptable levels of service.
As mentioned previously, the traffic impact of this subdivision will be negligible
because the amount of commercial development will remain roughly the same. In
its current state, the lot would likely develop with one large commercial office
3
building under single ownership. Now that the lot is being subdivided into two
smaller parcels the property with likely develop as multiple ownerships and two
smaller buildings.
Schools: This subdivision is commercial in nature and will not have an impact on
the enrollment of the school district.
Parks: Commercial lots are exempt from providing parkland or paying the cash in
lieu fee.
Police Protection: The property is served
not anticipated that this subdivision will
by the Police Department.
by the Kalispell Police Department. It is
significantly impact the service provided
Fire Protection: The property is within the service district of the Kalispell Fire
Department. It is not anticipated that this subdivision will significantly impact the
service provided by the Fire Department.
Refuse Disposal: Solid waste will be provided by the City of Kalispell. No significant
increased impacts are anticipated as a result of the proposed subdivision.
Medical Services: Emergency medical service is provided by the Kalispell Regional
Medical Center; ambulance and life flight services are also available.
E. Effects on Agriculture and agricultural water user facilities: This subdivision
is in the urban area of Kalispell and the area has been developed to an urban
density. Future development of this site will have no effect on agricultural
activities in the valley.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Plan -It 2035
goals state that new commercial development should occur in areas were public
water and sewer are available. In addition, the plan encourages the expansion of
existing commercial districts, especially infill projects. The growth policy supports
this subdivision because it is within an under-utilized commercial area and city
with water and sewer available.
Additionally, the Kalispell Growth Policy states as a goal in the Healthcare chapter
to "Provide for a satellite area within the city where healthcare related
development can occur." Although the area was not specifically designed for
healthcare, the uses that are tending to develop in the area are medical related
and it is likely that the creation of this lot will result in additional medical office
space of some manner.
G. Compliance with Zoning: The property is zoned B-1, Neighborhood Business.
Although a use is not proposed on the new parcel at this time, any use that will
be developed on the site will have to comply with the B-1 Zoning requirements.
The minimum required lot area for a parcel within the B-1 Zone is 7,000 square
feet with a minimum 70 feet lot width. Lot lA is proposed to be 9,713 square feet
in size with a lot width of 105 feet and Lot 113 is proposed to be 9,104 square feet
with a lot width of 99 feet. Accordingly, both lots far exceed the minimum lot size
and width requirements.
11
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPP-18-03 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat of Village Plaza be approved subject to the conditions listed
below:
CONDITIONS OF APPROVAL
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by the
city council.
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval.
3. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction.
4. The developer shall submit to the Kalispell Public Works Department, prior to
construction, an erosion/sediment control plan for review and approval and a
copy of all documents submitted to Montana Department of Environmental
Quality for the General Permit for Stormwater Discharge Associated with
Construction Activities.
5. 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.
6. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials
within Village Loop. The approved landscape plan shall be implemented or a cash
in lieu payment for installation of the street trees and groundcover be provided to
the Kalispell Parks and Recreation Department.
7. All existing and proposed easements shall be indicated on the face of the final plat.
A letter from the Kalispell Public Works Department shall be obtained stating that
the required easements are being shown on the final plat.
8. 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
5
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."
Developer's Signature
9. All utilities shall be installed underground.
10. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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Date: Feb 21st, 2018 Kalispell Planning Dept.
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JERMAN HOLDINGS, LLC.
LOT 1 VILLAGE PLAZA SUBDIVISION
PRELIMINARY PLAT APPLICATION
Kalispell, Montana
Prepared By:
RECEIVED
KALISPELL PLANNING DEPARTMENT
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9rChl�eeh"'e, Surv1vv1g1�a��
Jackola Engineering & Architecture
2250 Highway 93 South
Kalispell, MT 59903
Project No. 171202
Contact: Bob Erickson, PL5
406-755-3208
Date
February 5th, 2018
PLANNING FOR THE FUTURE
MONTANA
Planning Department
201 15r Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisRell.com lannin
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED $ 1,250.00
Major Subdivision (6 or more lots) $1,000 + $125/lot
Major Subdivision Resubmittal $1,000
For each original lot unchanged add $10/lot
For each lot redesigned/added add $125/lot
Mobile Home Parks & Campgrounds (6 or more spaces) $1,000 + $250/space
(5 or fewer spaces) $400 + $125/space
Amended Preliminary Plat
Amendment to Conditions Only
Re -configured Proposed Lots
Add Additional Lots or Sublots
Subdivision Variance
Commercial and Industrial Subdivision
SUBDIVISION NAME: Lot 1, Village Plaza
OWNER(S) OF RECORD:
Name Jerman Holdings LLC
Mailing Address
city Kalispell
22 2nd Ave. West, Ste 1000
State MT
$400 base fee
Base fee + $40/lot
Base fee + $125/lot
$100 (per variance)
$1,000 + $125/lot
Phone 752-4375
p 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name &. Address Jackola Engineering, 2250 Hwy 93 S., Kalispell, MT 59901
Name & Address
Name & Address.�� _
LEGAL DESCRIPTION OF PROPERTY:
Property Address 60 Village Loop
Assessor's Tract No(s) 0002837 Lot No(s)
1/4 Sec SW
Section 32 Township
29 N
Range 21 W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 2 Total Acreage in Subdivision
0.432
1
Total Acreage in Lots
0.432 Minimum Size of Lots or Spaces 0.209
Total Acreage in Streets or Roads 0 Maximum Size of Lots or Spaces 0.223
Total Acreage in Parks, Open Spaces and/or Common Areas 0
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial 2 Industrial
Condominium Multi -Family
Planned Unit Development
Other
APPLICABLE ZONING DESIGNATION & DISTRICT B-1 Neighborhood Business
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $123,777.00
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved
Curb Gutter
Sidewalks Alleys
Other N/A
Water System: Individual
Multiple User
Neighborhood Public
X Other
Sewer System: Individual
Multiple User
Neighborhood Public
X Other
Other Utilities: Cable TV
X Telephone X
Electric Gas
Other
Solid Waste: Home Pick Up
Central Storage
Contract Hauler X Owner
Haul
Mail Delivery: Central X
Individual School
District: FlatheadlEdgel
Fire Protection: Hydrants
X Tanker Recharge
Fire District: cityof Kallspell
Drainage System: Existing on -site system designed and approved for Village Plaza. Addilicnal on -site for lot improvements installed at time of building constmction,
PROPOSED EROSION/ SEDIMENTATION CONTROL: None. Distruhance area is less than 1.0 acres.
VARIANCES: ARE ANY VARIANCES REQUESTED? No. (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
l . Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application
Kalispell Planning Department at least thirty five (35
Planning Board meeting at which it will be heard.
Completed preliminary plat application.
2. 4 copies of the preliminary plat.
addressing items below to the
days prior to the date of the
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in
size.
5. Electronic copy of the application materials, including the preliminary
plat, either copied onto a disk or emailed to pllanninaa.kalispell.com
(Please note the maximum file size to email is 20mg)
6. A bona fide legal description of the subject property and a map showing
the location and boundaries of the property.
7. Application fee based on the schedule on page 1 of this application and
made payable to the City of Kalispell.
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Punning staff to be
present on the property for routine monitoring and inspection during the approval and
development pRcess.
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After recording return to:
60 Village Loop
Kalispell, MT 59901
Attention: James A. J'erman, DDS, PLLC
EASEMENT & PARKING AGREEMENT
THIS EASEMENT & PARKING AGREEMENT is made this 'fdy- U.3•+f .
day offeb, 2017, by
Village Plaza Incorporate, a Montana corporation "VPr, and James A. Jerman DDS,PLLC
FOR VALUABLE CONSIDERATION, the Parties agree as follows;
Pro er
a. VPI has developed and awns property within Village Plaza, a subdivisions in the SW
SW '/ Sec 32,T.29N.,R.21 W., P.M.,M., FIathead Country, Montana (hereinafter "Village
Plaza");
b. JJDDS is or will be the owner of the following described real property located in Village
Plaza (hereinafter the DDDS Property).
Village Plaza Common Area The Plat of Village Plaza depicts and describes a "Common Area"
consisting of 2,685 acres to be utilized for "parking, ingress, egress and utility easements" As also
staged in Section 1 above, VPI owns and/or controls real property depicted on the Plat of Village
Plaza. VPI represcnts and warrants that it has the authority to enter into this Easement and Parking
Agreement.
3. Easement VPI hereby grants JJDDS a perpetual parking easement for the parking of vehicles and
pedestrian access to such vehicles on the following described property:
The common area depicted on the Plat of Village Plaza, according to the map or plat
thereof and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
The parking spaces are not specifically assigned but shall be available to the owner, tenants and
invitees of Property on first come first serve basis. Such easement shall be for the benefit of and
appurtenant to the DDDS Property,
4. Successors: The burdens and benefits of this Easement & Parking Agreement shall attach to and
run witif respective properties described herein and shall be binding upon and for the benefit of the
parties hereto and their respective successors and. assigns.
5. Governing Law; This Easement & Parking Agreement will be governed by and construed
according to the laws ofthe State of Montana
6. Assessments: JJDDS agrees to pay and be subject to assessments for a portion of the
maintenance of the common parking lot JJDDS shall pay 9% of the assessments related to
the maintenance of the common parking lot.
7. Attorneys Fees. Should any party incur any costs or expenses, including reasonable
attorneys' fees, in enforcing any of the provisions of this .Easement & Parking Agreement,
then the other or unsuccessful party shall reimburse the prevailing party upon demand.
VPI and Jerman DAS Easerent & Parking Agreement
IN WITNESS WFREOF, the undersigned ]save executed this Easement & Parking Agreement as of ,he
date first above written,
VILLAGE PLAZA INCORPORA D
$y:
Namo:
U';� -k) A
STATE OF 49WTA4A
County of.F� if j�v .tea �o
This instrument was acknowledged before me on this day of fir onif lsv
as the Tl-e„k ACC- �-- of Village Plaza
bs¢ CARLOS A CASTANEdA
Mabry Puhlle - 510te of Florida
CorlNltiilion # GG 001145
illy 1ia". EXI&I ti Jun 1.3, 2020
VPl and JLrman DDS 3asemtut& Parking Agreement
Signature sl0 sc7�
S LA
Typed or Printed Name ofNotar —Public
Notary Public for the state of TL �-rL i 7 n
Residing at C'--PYr-� S�
Icy commiiinent expires: J�'-n P, l -� S I - 'Z:'
IN WITNESS WEREOF, the undersigned have executed this Easement & Parking Agreement as of the
date first above written,
STATE OF MONTANA
County of Flathead
C.14AJ .200%'
Pis instalment was acknowledged before me all this61 day of-F �,y by
as the Cr S ` of Village Plaza Incorporated.
,� ACFrs TANYAJACKSON
�P �Vnq, a"� NQTARY F'uBuc far€hei Si e a Notary Public
k stag Of Montana
SE 1-• * Resld'Ing al K&);spell. Montana
d , My CornrnisaEon txplres
Fri t3ccembNr 15, 201a Typed oilPrinted Name o otary Public
Notary Public for the state of%/,
Residing at
My comnvtment expires: , Abe
VPI and jernian DD5 Easetztent & Parking Agreement
IN WITNI ES5 WEkEOF, the wldersigned have executed this Easement & Parking Agreement as of the
date first above written,
STATE OF MONTANA
County of Flathead
F
ment was acknowledged befo e me,
as the oecy
P H,-1
2
T'ANYAJACiC,3oN
tJbiARYPU1SILlCf"th,
SEA1,
S{at�oingrin#aisa
t?esfdfny at 1Carispeii, �9or�tana
My Co rtrMIS"iar) C?xpire�s
c r_tis
De eermher 16, 2018
VP] and ierman DDS Easement& harking Agreement
VILLAGE PLAZA INCORPORATED
B /j
3 •—titi-s�-ar-� '��
Name: Q }'
Its:
J-0 17
this day ofF-ter � by
of VillWlaza Incorporated.
Typed or YrintedName afNotary Public
Notary Public for the state of /m f
Residing at —Aa�
My colomitment expires: � )k
�
By;_
Name:
STATE OF MONTANA
County of Flathead
Ajerman DDS, PLLC
�� �/-7
This instrument was acknowledged before me on this L31 day of-F by
+12?�1 s the 4—X-A— of James A, Jerman DDS,PLLC
ROSIN R CI OSTIO
�ascr,o
AR �}¢
NOTARY PUBLIC for tho
State of Montana
SEAL "
Residing at K.illspell, Montana
�� OFii0 4
a
My commission EXPIres
OrtQber 03, 2020
VPI and jernian DDS Easement& Parking Agreement
r
Signature of Notary Public
Typed or Printed Name of Notary Public
Notary ,Public for the state of
Residing at
My commitment expires:
J
g �24i,����. Svrv4'Sn9•�^a �
To: City of Kalispell Public Works
From: Toby McIntosh, PE
Date: 1/31/18
MEMO
Re: Flathead Valley Oral Surgery and Village Plaza Lot 1 Subdivision Drainage
A new facility for Flathead Valley Oral Surgery (FVOS) is proposed for Lot 1 of the Village Plaza
Subdivision located near the intersection of Whitefish Stage Road and Village Loop road.
Concurrently with the building project, a subdivision application to the City is being submitted to split
Lot 1 into two lots. The combined improvements for both lots is less than the 10,000-square foot
impervious area threshold required for a detailed drainage report per City Standards. This memo
provides the basis of design for drainage improvements being built as part of the proposed
subdivision and building project.
The Village Plaza Subdivision relied to surface drainage and subsurface infiltration to address runoff
from the Lots, roadways, and common area parking. Runoff from Lot 1 was proposed to be collected
and infiltrated on site. in keeping with the original design intent, runoff from the proposed FVOS and
subdivision is anticipated to run behind the surgery office and future building to provide retention
and infiltration from Lots 1A and 2B as well as the eastern half of the Whitefish Stage ROW frontage.
Site runoff will consist primarily of roof and road runoff from the areas shown in the attached
schematic, Below is a summary of the basis of design for the drainage design.
The total drainage area —including the Whitefish Stage ROW frontage —is 25,635 square feet. The
impervious area within the development of FVOS and the proposed lot is 9,218, and the impervious
area associated with the Whitefish Stage ROW frontage is 3,058. All runoff sheet flows directly to the
retention area, or is conveyed by small swales as shown on the stormwater schematic. A simple runoff
analysis was completed using the TR-55 NRCS Curve Number method. The standard City of Kalispell
design storms were used for the analysis as shown in Table 1 below.
Table 1: City of Kalispell Design Storms
Return Period
2yr
10yr
100yr
24hr precipitotion
depth (in)
1.4
2.4
3.0
Runoff will be contained within the retention area and will rely on infiltration for disposal. Runoff
from the site will remain within the subdivision as the retention area is within a local low area
Jackola Engineering & Architecture, PC
2250 Highway 93 South, Kalispell, MT, 59901
(p) 406,755.3208 (f) 406.755.3218 www.jackola.com
between Whitefish Stage Road and proposed building pads. Therefore, flow off of the property is not
anticipated. Table 2 below is a summary of the post development runoff volume.
Table Z: Village Plaza runoff summary for City of Kalispell Design Storms
Runoff Volume - Post Development
2-year Volume
445
cubic feet
10-year Volume
1,095
cubic feet
100-year Volume
2,505
cubic feet
For purposes of determining the capacity of on -site retention, the area between the 10-foot Whitefish
Stage road reserve and the bottom of the slope from the building pad was assumed to be the
retention bed area. The total retention bed area is approximately 1,100 square feet as shown in the
attached drainage schematic. The elevation of the retention area is greater than 1 foot below the
finished floor elevation and the adjacent Whitefish Stage. Conservatively assuming an average depth
of 1 foot, the total retention volume is 1,000 cubic feet which exceeds the 10-year 24-hour event
volume presented in Table 3 below. Infiltration rates within the Village Plaza Subdivision have been
observed at 16 inches per hour, Conservatively using a 2 inch per hour infiltration rate and a bed
area of approximately 1,000 square feet, the 24-hour infiltrated volume will be approximately 4,500
cubic feet, which easily exceeds the 100-year 24-hour runoff volume.
Toble3: Stormwater Retention Volume Summary
Swale Information
Bed Area
1,117
sf
Bed Depth
1
ft
Retention Volume
1,117
cubic feet
Infiltration rate
2
in/hr
24-hour infiltration Volume
4,468
cubic feet
Due to site grading constraints between the east side of the FVOS building and the existing curb, the
east side of the roof drainage is being collected in roof drain piping and piped to a proposed drywell
in the SE portion of Lot 1A. The drywell and surrounding drain rock detains approximately 70% the
roof runoff from the 10-year storm without consideration to infiltration. Should the drywell overflow,
site grading ensures that runoff will be directed via a swale to the retention area which can easily
contain all site runoff. Table 4 below summarizes the runoff volume draining to the east half of the
roof to the drywell. Additionally, Table 4, summarizes drywell and surrounding drain rock volumes.
Jackola Engineering & Architecture, PC
P.O. Box 1134 Kalispell, MT 59903
p 406.755.3208 F 406.755.3218
Table 4: Eastern Roof Runoff and Drywell Sizing Summary
Roof Runoff information
Roof Area
1,680
sf
10-Yr-24-hr Precipitation depth
2.0
in
Runoff Volume
280
cubic feet
Drywell Information
Inner Radius
1.5
Feet
Height
6.0
Feet
Drywell Volume
42.2
cubic feet
Drain rock fill width
2
Feet
Drain rock fili height
7
Feet
Drain rock void space
40
%
Drain rock storage volume
150.9
cubic feet
Total storage volume
193.3
cubic feet
With consideration to infiltration, the storm facility capacity exceeds the runoff expected from the
subdivision and adjacent ROW during the 100-year event. Further, site grading ensures that overflow
from the drywell will be directed to the retention area and all runoff will be contained within the
property. Enclosed you will find the runoff calculations and a stormwater schematic. Additionally, the
FVOS plans include grading and drywell details. Please feel free to contact our office in the event of
any questions.
Jackola Engineering & Architecture, PC
P.O. Box 1134 Kalispell, MT 59903
p 406.755.3208 F 406.755.3218
U.S. Department of Agriculture
Natural Resources Conservation Service
FL-ENG-21 A
06/04
TR 55 Worksheet 2: Runoff Curve Number and Runoff
Proiect: Village Plaza. Subdivision
Location: Kalispell, MT
Check one: Present ;I ✓ Developed
1. Runoff curve number (CN)
Designed By: Mike B
Checked: Toby M.
Date:
Date:
Soil name
and hydrologic
group
(Appendix A)
Cover description
{ Cover type, treatment, and hydrologic
condition; percent impervious;
uncon nectedlconnected impervious area
ratio
Area
p acres
p mi7
p %
Product
of
CN x area
Table
2-2
Fig.
2-3
Fig.
2-4
B
Impervious Area
98
0.282
27.6
B
Grass cover>75%; Good condition
61
0.306
18.7
'-' Use only one CN source per line. Totals =
0.588
46.3
CN (weighted) = _total product = 46.3
total area 0.588
2. Runoff
Frequency .......................................... years
Rainfall, P (24 hour) ............................ in.
Runoff, Q............................................ in.
(Use P and CN with Table 2-1, Figure 2-1,
or equations 2-3 and 24.)
— 79 Use CN =
79
Storm #1
Storm #2
Storm #3
2
10
100
1.4
2.0
3.0
0.208
0.513
1.173
ENTION BED AREA
i
FUTURE
BUILDABLE
AREA
,NOTES:
G
$ AREA = 12,276 SF; 0.287 AC
SREA = 13,359 SF; 0.306AC
IREA = 25,635 5F; 0.588 AC
iTIONS PERFORMED USING THE
?D
iCURVE NUMBER = 98
GROUP =B
JRVE NUMBER = 61 {FULLY
i AREA W/ GREATER THAN 75%
3E ADDED AS PART OF
IS 9,218 SF, AND DOES
WATER ANALYSIS PER
S AREA iS FROM THE EAST
RIGHT-OF-WAY
H STAGE ROAD.
STERN FRONTAGE OF THE
N WILL BE COLLECTED IN
)N AREA.
BED AREA = 1117 SF;
,STERN HALF OF THE
PIPED TO THE SHOWN
VELL FLOOD, OVERFLOW
:TENTION AREA.
SCALE: 1"=30'
In m
0 O 15 30
RMWATER SUMMARY
1"=30'
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2250 HWY 93 SOUTH
KALISPELL, MT. 59901
PHONE: 406-755-320a
FAX: 406-755-3218
WEB PAGE: www.jackola.com
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