Loading...
Staff Report/Final Plat Phase 2 Block 3Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: 4 751-15 Fax: 40 751-1858 triity a*nturytel.nt REPORT TO: Kalispell Mayor and City Council FROM: l arda A. Wilson, Senior Planner Chris A. Kululsli, City Manager SUBJECT Final Plat for Buffalo Commons Phase 2 , Block MEETING ATE: December 17, 2001 BACKGROUND: This is a request for frnal plat approval of a seven lot townhouse subdivision on approximately 1.37 acres. The lots are located on the north side of Commons Way within the multi -family development pod of the Buffalo Commons development. There would be one tri-plea and two duplex units on the lots for a total of seven dwellings. The preliminary plat for this subdivision was approved by the city council on November 37 1997 subject to nm' a conditions. This frnal plat is the platting of several more tovmhouse lots intended to be developed in the northern most portion of the Buffalo Commons PUD area designated as the multi -family development area. All of the infrastructure for the subdivision including the reacts, water, sewer, drainage and fire hydrant locations have been completed and accepted by the City of Kalispell in platting earlier phases ofthe Buffalo Commons evelopment. RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase 2, Bloch 3 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Tarda A. Wifson Chris A. Kukulski Senior Planner City Manager Deport compiled: December 12, 2001 c: Theresa. Mite, Kalispell City Clerk Attachments; Letter of transmittal Final plat application and supporting documents x: FRD0 T ANSMIT A.LI P L 001 FPO 1-7M MO.DO Providing Community Planning Assistance To: City ofKalispell • City of Columbia Pails • City of whitefish • Tri-,City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Prone: 4 71-1 Fax: 751-1858 tricity@centurytel.net December 12, 2001 Chris Kuulsl, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Fie: Final Plat for Buffalo Commons Phase 2, Block Lear Chris: Our office has received an application from J s F Construction for final plat approval of Buffalo Commons phase 2. Bloch 3 which will plat seven townhouse lots on approximately 1.37 acres. The subdivision is located Mn the multi -family development pod ofthe Buffalo Commons with the lots fronting along the north side Commons Tay. The development is generally located on the east side of Highway 93 North, north of Heritage way in Kalispell. Previous phases within the Buffalo Commons development ent dedicated the roads with the development to the City of Kalispell along with the water and sewer facilities. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on November 3, 1997 subject to nine conditions. The Buffalo Commons Planned Unit Development is a mixed use PUD which includes this multi -family element. The following is a list of the conditions ofapproval and a discussion of how they have been met. COMPLUNCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and roadways. This condition has been met. The development is in substantial compliance with the approved preliminary plat. Condition N. 1. That the public roadways within the subdivision shall be constructed in accordance with the adopted Standards for Design and Construction which includes the pavement, curbs, gutters, sideways and drainage system, A letter from the Kalispell Public works Department shad be required stating that the unprovements Have been installed according to the required specifications at the time of fml plat approval. Providing Community Planning Assistance To: City ofKalispell • City of Columbia Falls • City of whitefish Final Plat of the Buffalo Commons Phase 2. Bloch December 12, 2001 Page • This condition has been met. The storm rater drainage plan for the project was reviewed as approved as part of the overall design and construction and has been built accordingly. Condition No. 6. That all grater and sewer services and plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department. • This condition has been met. A letter dated 10 3 1 97 from DEQ provides their approval of the subdivision for water and sewer facilities. Engineer Robert Peccia s Associates also confirms that the grater and surer have been installed according to approved plans and specifications. Public works reviewed and approved these improvements in previous phases and has the as -built drawings on CD. Condition No. 6. That a letter from the Kalispell Fire chief approving the location and placement of the ire hydrants within the subdivision shall be submitted with the final plat. This condition has been met. The placement of the fire hydrants along Commons Tay was previously approved by the Kalispell Fire l epartrnent. COMPLIJqIN E WITH APPROVED PRELIMENARY PLAT The preliminary plat proposed ten dellix.gs in this phase with two trii-plea and two duplex ur ts. The density has been reduced by three units with this fmal plat for seven dwelliar g. 'There would be one tri-plea and two duplex units on these lots. The final plat is in substantial compliance with the approved preliminary plat. COMPLIANCE WITH THE SUBDIVISIONREGULATIONS: This subdivision plat has been found to be in substantial compliance with the Mate and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the Planned Unit Development which governs the tensional requirements of the lots within the subdivision. RECOMMENDATION: All ofthe conditions of preliminary plat approval have been adequately met. The sty' would recommend that the Kalispell City Council approve the final plat for this subdivision. Please schedule this matter for the regular city council meeting o December 17, 2001. David Greer 1867 Ashley Lake Rd 0 Kalispell, MT 59901 December 10, 2001 Garda Wilson DEC I n �• Senior Planner Tri-City Planning Office 17 Second Street E TWMY PLANNIpiG OFFICE Kalispell, MT 59901 RE_- FILIAL PLAT of BUFFALO flllMONS, PHASE 2, BLOCK Dear rarda: Attached are the application materials for the above -referenced final prat. The following narrative describes how each of the conditions of preliminary prat approval, as sot forth in City Resolution 4379, have been satisfied . Condition 1. That the development........... The final lot layout, including private driveways, is in substantial conformance to the layout presented in the preliminary prat. The original layout anticipated 10 sublots withiln the parent lot_ The final plat eliminated three sublots to create a total of 7 sublots. Condition 2. That the public roadways....... All improvements have been installed in accordance to city standards. The City has been deeded and has accepted all the internal roads of Buffalo Commons. The City has the as -built drawings on "CD". Condition 3. That approach permits...... The city approved the construction drawings for the Buffalo commons PD, including all intersections with city streets. All the streets have been deeded to the City. Condition 4. That the developer shall install..... The U.S. Postal Service has reviewed Phase 2 and the central mail box site has been installed at the approved location. Condition 5. That sidewalls...... Sidewalks have been built in accordance to the approved plans for the entire PUD. All boulevards are b feet or greater in width. As per my conversations with Mike Baker, Parks & Recreation director, street trees are planted on lots concurrent with home occupation to ensure proper care and maintenance of the planted trees. Due to the location of all utilities within the Boulevard adjacent to Phase ll, trees are planted on the north side of the sidewalk within the common area of the townhouses. Tri-city Planning office 17 second street East Kalispell, IVIT 59901 FINAL PLAT APPLICATION Subdivision Name: Buffalo Commons Phase 2 Bloch Contact Person: Marne: David M. Greer Address: 1867 Ashley Labe Rd Kalispell, MT 59901 Phone No.:(406)756-9099 Date of Preliminary Plat Approval: Type Subdivision: No. of Lots Proposed: Land in Lots: ao* FILING FEE ATTACHED: Owner: JF Construction o North Meridian Rd Kalispell, MT 59901 752-2881 3 November 1997 Industrial I Commercial I PUD I Other Park Land a . : 1.37 Cash -in -lieu: Exe rn pt: Ply D Exempt NOT ATTACHED APPLICABLE Health Department Certification Title Report Tax certification Consent(s)to Plat Sub. Improvements Agreement Parkland Cash -in -Lieu Recorded Covenants Recorded Homeowners By-Laws/Articles of Incorporation Plats REC'WTVED DEC 10 2?�"'l TRI{ITY PLANNING OFFICE 1 DEPARTMENT OF ENVIRONMENTAL QUALITY Community Services Bureau Public water Supply Program hLkRC RACICOT, GOVERNOR j7ATE OF MONTANA- - Phone: (406)444-4400 Metcalf Building Fax: ( 0)44-13 74 1520 E Sixth Ave Phil Ponrmi Robert Peceia & Associates 825 Custer Avenue P.D. Box 5653 Helena, MT 59604 R E C F I V-, 7-1� October 313 1997 NOV - 41997 BERT PECCIA ASSOCIATES PO Box 200901 Helena, W 9 0-0 01 e: City of Kalispell Buffalo Commons PUD - Phase II - Site Development Flathead County EQ 98-1553 Dear Mr. Porrini: The plans for the above referenced project have been reviewed by personnel under contract with the Permitting and Compliance Division and found to be satisfactory. Approval of the plans and specifications is hereby given. One set of plans and specifications showing the approval starnp of the MDEQ is enclosed. The project consists of approx innately 600 lineal feet of 8 inch SDR 3 5 PVC wrier main, 7 manholes and appurtenances. The project also consist of approAmately 770 lineal feet of 6 inch PVC Class 150 C900 water main and appurtenances. Approval is based on plan sheets C 1-4, C 1 -5 and C 1 -6 gated October, 1997 and submitted under the stamp of Philip P. Porrin i, Montana Professional Engineer Number 437 1E. Approval is also given with the understanding that any deviation from the approved plans will be submitted to the department for reappraisal and approval. Within 90 days after the project has been completed, the project engineer shall certify to the department that the project was inspected and found to be installed in accordance with the plans approved by the department. This certification shall be accompanied by a set of "a -built" record drawings signed by the project engineer. It is also understood that construction will be started within two }rears of this date. If more than two years pass before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against public water/sewage system. Sincerely, Mark A. Smith, P.E. Drinking Water Section Permitting and Compliance Division Deparunent of Envirorumental. Quality c. Tom Laux, CEO, Northwest Healthcare, 10 Sunnyview Lane Kasispell,-MT59901 Flathead County Sanitarian DEC-11-2001 TUE 03:15 PM FLTHD REG DEV OFFICE FAX N0, 406 758 5781 P, 03 �ozificuZ4 OAal6CalEv I hereby consent to the platting of Buffalo Commons Phase 2, Block 3. Northwest Healthcare -10'� 1W 7A�� �Sj. Velinda Stevens, CEO n I NOTARY PUBLIC for Mate of A&On#anjo FWalding at C61umh4a Falls, Monto -� .7tj 5 : D-110 0 Date f UPI W_ f ' ` ; ,.� �r'"'o# road 4a 4a&r PRELIMINARY SUBDIVISION CERTIFICATE of TITLE To the County of 27 0219 89 205759 Issued in lieu of 27-0219-89-205755 CHICAGO TITLE INSURANCE COMPANY Flathead and the City of Kal i spel l in Montana CHICA O TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 1 5th day of November xR2001, at o' lonk P. . , the title to the described real estate was indefeasibly vested in fee simple of record in: J & F CONSTRUCTION Montana, General Partnership subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maxir u.m liability of the undersigned under this certificate is limited to the sure of 10 , 0. 00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named, Issued by: STERLING TITLE SERVICES 11 South Main(P.O. Box 73) Kalispell, MT 59901 (406) 752 - 7000 FAX 4 2 - 20 (TITLE) (406) 25- (ESCROW) urhori7ed signal 19 CHIC AGO TITLE INSURANCE COMPANY By: Oel I<e- ATTEST: Pres' ent ;rA01^' Secretary PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MO T A Reorder Form No. 9113 SCHEDULE Replaces 27-0219-89-205755 Pace 2 Certificate To.:-1--79 Our File No.: C-9- Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate That portion of Government Lot 5, Section 6, Township 28 North, Range 21 West, P . . . , Flathead County, Montana described as follows Commencing at the Northwest corner of Government Lot 5, Section , Township 28 North, Range 21 West; thence along the Northerly boundary of said government l o t North 8903413811 East a distance of 299.82 feet to the Point of Beginning of the parcel being described; thence continuing along said Northerly boundary of said government lot North 8903413811 East a distance of 369.00 feet to the Northwest corner of Buffalo Commons Phase 2 Block 2, records of Flathead County, Montana; thence along the Westerly boundary of said Phase 2 Block South 0001414911 East a, distance of 190.51 feet to the Northerly right-of-way line of Commons Way, a 60.00 foot city street and a point on the beginning of a 720.00 foot radius curve concave Northerly having a radial bearing of North t " West; thence along said Northerly right-of-way Line of said Commons War the following two courses Alone said curare through a central angle of 1805515211 an arc length of 237.90 feet to the beginning of a 530.00 foot radius curve to the left concave Southerly, and along said curve through h a central angle of 1405711411 n arc length of 138.33 feet to the Easterly boundary of Buffalo Commons Phase Bloch 5, records of Flathead Counter, Montana; thence along said Easterly boundary of said Phase 2 Block North 0001414911 Vest a distance of 124.29 feet to the Point of Beginning. To he known and designated as BUFFALO COMMONS PRASE 2 BLOCK 3, FLATHEAD COUNTY, MONTANA. Page 3 Certificate No.: 7- 19-89- 0 75 - ur File No.: C - 9- Being all of the estates , interests, equities , 1 awful claims or demands, defects, or objections whatsoever~ to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever~ nature) , or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Delinquent water and sewer charges of the City of Kalispell, if any. 2. Reservations in Patents or the acts authorizing the issuance thereof. . Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. . Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant a is exempt under Chapter 42, Section 3607 of the United States Code or b relates to handicap but does not discriminate against handicapped persons, recorded. July 1, 190 under Recorder's Fee ##6, in Book 696, page 111, records of Flathead County, Montana, and any amendments thereto. . Easement granted Northwestern Telephone Systems, Inc., recorded December 17, 1980 under Recorder's Fee #18056, in Book 707, page 361, records of Flathead County, Montana . Resolution No. 4174 regarding annexation and zoning, recorded November 14, 1994 as Document #9431814340, records of Flathead County, Montana. 7. Terms and provisions contained in Ordinance No. 1, recorded October 3, 1995 as Document #9527615080, records of Flathead County, Montana. 8. Terms and provisions contained in Ordinance No. 1276 recorded February , 1998 as Document #199805512210, records of Flathead County, Montana. 9. Terms and provisions contained in Ordinance No. 1281 recorded February 24, 1998 as Document #199805512220, records of Flathead County, Montana. 10. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant is exempt under Chapter 42, Section 3607 f the United States Code or b relates to handicap but does not discriminate against handicapped persons, recorded February 24, 1998 as Document ##10 5 512 2 3 , and amendment recorded September 29, 2000 as Document #200027311060, records of Flathead County, Fontana, and any amendments thereto. 11. A private drive and utility easement as shown on the unrecorded plat of Buffalo Commons Phase 2 Block 3. 1. A 10 foot telephone easement along the north boundary as shown on the plat of Buffalo Commons Phase 2 Block 3. 13. Certificate of parkland as shown on the plat of Buffalo Commons Phase 2 Block 3. 14. Trust Indenture dated November 15, 2001, executed. by J & F Construction, a Montana General Partnership, to Citizens Title and Escrow Company, Inc., as Trustee; and Northwest Heaticare Corporation, a Montana Corporation, as Beneficiary; to secure payment of $56,280.00, together with interest and any other obligations secured thereby, recorded November 16, 1 as Document ##2 013 2 1013 0 , records of Flathead County, Montana. 1. The identity and the authority of the partners of J & F Construction, a Montana General Partnership, a partnership, and the right of said Partnership to do business in the State of Montana. A copy of the Partnership Agreement and any amendments thereto, and evidence of the identity and authority of the officers or partners of J & F Construction, Montana General Partnership to execute the forthcoming documents must be submitted for our review. 1. No search has been made for water rights and unpatented reining claims and liability thereon is excluded from coverage of this Certificate.