Staff Report/Final PlatREPORT TO:
FROM:
SUBJECT:
MEETING DATE:
City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Nicole C. Johnson, Planner II
James H. Patrick, City Manager
Final Plat Approval for the Amended Plat of Lot 1B of the
Amended Plat of Lot 1, Block 1, Adams Addition
November 5, 2007
BACKGROUND: Our office received an application for final plat approval from
Larsen Engineering & Surveying on behalf of Marilee Wood for a two lot subdivision of
an existing commercial lot located within the Adams Addition at the southwest corner
of the intersection of Meridian Road and Three Mile Drive. The site is approximately
0.911 acres in size and contains a dental office and associated parking. The property
is zoned B-1, Neighborhood Buffer District, which is intended to provide for certain
commercial and professional office uses where such uses are compatible with the
adjacent residential areas. The proposed subdivision would divide lot 1B roughly in
half. Lot 1 is approximately 0.45 of an acre and Lot 2 is 0.46 of an acre in size. The
proposed lot sizes comply with the B-1 zoning district which has a minimum lot size
of 7,000 square feet. The preliminary subdivision is shown on the attached map
labeled Exhibit A. The property can be legally described as Lot 1B of the Amended
Plat of Lot 1, Block 1, Adams Addition to Kalispell located in the Northeast 1/4 of
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
Our office found that the proposed subdivision met the preliminary plat waiver
criteria as provided for under Section 2.08 of the Kalispell Subdivision Regulations
and waived this requirement on July 11, 2007 attaching five conditions of approval.
Findings of fact for approval of the subdivision can be found in attached staff report
KWP-07-03 which reviews the project and details how the conditions of approval have
been met.
RECOMMENDATION: A motion to adopt the findings of fact in the staff report
KWP-07-03 and approve the resolution to create the two lot subdivision would be in
order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
"Ilk C I
Nicole C. Johnson
Planner II
Report compiled: October 22, 2007
c: Theresa White, Kalispell City Clerk
()�ames H. Patrick
City Manager
attachments: Transmittal letter and application
Staff report KWP-07-03
A RESOLUTION APPROVING THE FINAL PLAT OF THE AMENDED PLAT OF LOT 1B OF
THE AMENDED PLAT OF LOT 1, BLOCK 1, ADAMS ADDITION, LOCATED IN THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Marilee Wood, the owner of certain real property described above, has petitioned for
approval of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on July 11, 2007, by the
Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision
Regulations subject to five (5) conditions, all of which have been met, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06
(Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision
Regulations of the City of Kalispell, and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a
report (KWP-07-3) to the City Council of the City of Kalispell, said report considering
the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of
said subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KWP-07-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Marilee Wood for final plat approval of the Amended Plat
of Lot I of the Amended Plat of Lot 1, Block 1, Adams Addition in Section 12,
Flathead County, Montana, is hereby approved.
SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall
not be changed by the action.
SECTION IV. That 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 OF THE CITY OF KALISPELL AND SIGNED
BY THE MAYOR THIS 5TH DAY OF NOVEMBER, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
October 24, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for the Amended Plat of Lot 1B of the Amended Plat of Lot
1, Block 1, Adams Addition
Dear Mr. Patrick:
Our office received an application for final plat approval from Larsen Engineering &
Surveying on behalf of Marilee Wood for a two lot subdivision of an existing
commercial lot located within the Adams Addition at the southwest corner of the
intersection of Meridian Road and Three Mile Drive. The site is approximately 0.911
acres in size and contains a dental office and associated parking. The property is
zoned B-1, Neighborhood Buffer District, which is intended to provide for certain
commercial and professional office uses where such uses are compatible with the
adjacent residential areas. The proposed subdivision would divide lot 1B roughly in
half. Lot 1 is approximately 0.45 of an acre and Lot 2 is 0.46 of an acre in size. The
proposed lot sizes comply with the B-1 zoning district which has a minimum lot size
of 7,000 square feet. The preliminary subdivision is shown on the attached map
labeled Exhibit A. The property can be legally described Lot 1B of the Amended Plat
of Lot 1, Block 1, Adams Addition to Kalispell located in the Northeast 1/4 of Section
12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
Our office found that the proposed subdivision met the preliminary plat waiver
criteria as provided for under Section 2.08 of the Kalispell Subdivision Regulations
and waived this requirement on July 11, 2007 attaching five conditions of approval.
Specifically, the subdivision meets the following criteria:
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3. All lots have legal and physical access conforming to the subdivision regulations.
4. Each lot has a suitable building site and there are no environmental hazards
present.
5. Public sewer and water are adequate and in place.
6. The subdivision complies with the subdivision regulations and current zoning
regulations.
7. No significant effects are anticipated on agriculture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The Kalispell City Council will need to adopt findings of fact for approval found in the
attached staff report KWP-07-03 and approve the two lot subdivision. The following is
a list of the conditions of approval and a discussion of how they have been met.
Condition No, 1. That the final plat is in substantial compliance with the
preliminary plat that was waived.
® This condition has been met. The two lot subdivision substantially complies
with the preliminary plat that was waived.
Condition No. 2. Provide evidence the existing access onto Three Mile Drive meets
Flathead County's design standards for approaches.
® This condition has been met. It was determined after this condition was
written that the approach was constructed by the Montana Department of
Transportation as part of the Meridian Road upgrade project (State of Montana
Department of Transportation Right -of -Way Agreement dated October 31,
2000). Frank Castles, in an email dated October 17, 2007, confirmed that the
current approach onto Three Mile Drive was installed by the Montana
Department of Transportation. The approach meets the requirements of the
City of Kalispell and the Montana Department of Transportation.
Condition No. 3. That the property boundary between the two lots provides a
minimum 5-foot setback from the existing office on the property and the existing
commercial center sign meets the required setbacks from the property boundaries.
Note: Upon submitting a final plat application, a separate map shall be provided
showing the new property lines, existing buildings and detached sign.
® This condition has been met. The property boundary between the two lots has
a five foot setback from the existing building and detached sign on Lot 2.
Additionally, a map showing the new property lines, existing building and
detached sign were provided and included as Exhibit A.
Condition No. 4. Provide evidence that cross easements have been established
between the two lots from access onto Three Mile Drive, utilities, parking spaces and
drive aisles.
2
® This condition has been met. Cross easements between the two lots for access,
utilities, parking spaces and drive aisles have been established and are shown
on the face of the final plat.
Condition No. 5. This waiver of preliminary plat approval is valid for three years
and will expire on July 11, 2010.
® This condition has been met. The final plat was submitted prior to expiration
of the waiver.
! 7` l - • J I
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
This preliminary plat has been found to be in compliance with the State and City
Subdivision Regulations.
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the B-1, Neighborhood Buffer District, zoning designation assigned to
the property.
MZl*490W161D)��r7�1.�t�3
All of the conditions of preliminary plat approval have been adequately addressed.
Staff recommends that the Kalispell City Council adopt the attached staff report KWP-
07-03 as findings of fact and approve the final plat for this subdivision. Please
schedule this matter for the next regular city council meeting of November 5, 2007.
You may call me at (406) 751-1850 if you have any questions regarding this
subdivision.
Sincerely,
I (-,,, ���
Nicole C. Johnson
Planner II
3
Attachments:
Vicinity map
2 mylars
i paper copy
11 x 17 reduced copy
Staff Report KWP-07-03
Letter from Planning Department for preliminary plat waiver dated 7/ l l/07
Exhibit A - Site plan
Letter from Larsen Engineering 8, Surveying, Inc. dated 9 / 27 / 07
Final Plat Application dated 9 / 28 / 07
Title Report dated 9 / 19 / 07
Health Department Certification from Montana DEQ dated 9/ 11/07
Montana Department of Transportation Right -of -Way Agreement dated 10 / 31 / 00
Public Works email dated 10/ 17/07
Tax certification from the County Treasurer's office dated 9 / 24 / 07
c w/attachments: Theresa White, Kalispell City Clerk
c w/o attachments: Marilee Wood
19 Whiteback Lane
Kalispell, Montana 59901
Larsen Engineering & Surveying
P.O. Box 2071
Kalispell, Montana 59903
4
AMENDED PLAT OF LOT 1B OF THE AMENDED PLAT OF LOT 1, BLOCK 1,
ADAMS ADDITION
KALISPELL PLANNING DEPARTMENT
STAFF REPORT KWP-07-03
REVIEW AND FINDINGS OF FACT
OCTOBER 22, 2007
This is a report to the Kalispell City Council detailing findings of fact for a two lot
commercial subdivision on the southwest corner of the intersection at Three Mile
Drive and Meridian Road. Preliminary plat approval for the subdivision was waived
on July 11, 2007 based on five conditions.
BACKGROUND: This commercial subdivision would create two lots from a parcel that
is slightly smaller than an acre in size. The property is currently developed and
contains a dental office, a large grassy area, parking lot, landscaping, a freestanding
sign and an access onto Three Mile Drive. The commercial lot is connected via the
parking lot with Lot IA to the south where an access onto Meridian Road exists. The
owner, Marilee Wood, intends to sell the new vacant lot for purposes of development.
A. Applicant: Marilee Wood
19 Whiteback Lane
Kalispell, Montana 59901
Technical Assistance: Larsen Engineering and Surveying
P.O. Box 2071
Kalispell, Montana 59903
B. Location and Size: The two lot subdivision is located on the southwest corner
of Three Mile Drive and Meridian Road within the commercial development
known as Glacier Centre. The site is approximately 0.911 of an acre in size.
Figure 1. Site picture of Glacier Centre and proposed subdivision from Meridian Road
The subdivision would divide Lot 113 roughly in half. Lot 1 would be 19,602
square feet and Lot 2 would be slightly larger at 20,038 square feet in size (see
Exhibit A - Site Plan). The property can be legally described as Amended Plat
of Lot 1B of the Amended Plat of Lot 1, Block 1, Adams Addition to Kalispell
located in the Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
C. Existing and Adjacent Land Uses: The property is currently developed, and
as indicated above, contains a dentist office building, an open grassy area, a
parking lot, a freestanding sign and landscaping. Some of the infrastructure
elements and maintenance responsibilities are shared with the neighboring
property - Montana First Insurance - to the south including access, utilities,
parking and drive aisles and cross easements are indicated on the final plat to
that effect. A mix of professional, commercial, industrial and residential uses
exist on parcels surrounding the Three Mile Drive and Meridian Road
intersection including a gas station, UPS shipping center, offices, a healthcare
clinic, and residential homes.
North: B-1, Neighborhood Buffer District (Thomas, Dean & Hoskins, VA Clinic)
South: R-3, Single Family Residential; R-5, Residential/Professional Office;
RA-3, Residential Apartment/Office
East: B-1 (Conoco gas station); 1- 1, Light Industrial (UPS shipping station); R-3
West: R-3, Single Family Residential
D. Zoning: The property is zoned B-1, Neighborhood Buffer District, which is
intended to provide for certain commercial and professional office uses where
such uses are compatible with the adjacent residential areas. Permitted uses
include artist studios, bakeries, clinics, business offices, and retail under 4,000
square feet in size, and residential development, among others. The existing
dental office is permitted pursuant to section 27.13.020 of the Kalispell Zoning
Ordinance and the new lot sizes of approximately 19,000 or greater complies
with the minimum lot size of 7,000 square feet.
The freestanding sign located on the southern
portion of the property shown in Figure 2 was
granted a permit in 1997 and meets the required
five foot side setback. The sign also does not
protrude into the right-of-way, another requirement.
Any new detached sign must be in compliance with
the current sign regulations contained in the
Kalispell Zoning Ordinance Chapter 27.24.
The existing building that was constructed in the
1960's is considered a non -conforming use with
respect to the building setbacks. The building is
Figure 2. Glacier Centre sign situated five feet from the property boundary on
the rear side of the lot - the current standard for
the rear setback is 15 feet. Section 27.25.010 of the Kalispell Zoning
Ordinance does not require the owner to retrofit buildings that were
constructed prior to the adoption of the current regulations. However, any new
additions or buildings would have to comply with the current property
development standards for the B-1 zone. The new property boundary is more
than 10 feet from the side of the existing building and the front and south side
of the building comply with those required setbacks.
2
E. Relation to Growth policy: The property is designated as Urban Mixed Use in
the Kalispell Growth Policy 2020. The existing B-1 zoning is consistent with
the mixed use and commercial land use designations.
F. Utilities:
Water and Water
Solid Waste:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
o r •
City of Kalispell
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwestern Energy
School District #5, Kalispell
City of Kalispell
City of Kalispell
This application was reviewed as a minor subdivision in accordance with statutory
criteria and the Kalispell Subdivision Regulations.
A. Effects on Health and Safety: The area is anticipated to be at low risk from
wildfire due to the urban location, lack of woody fuel and good access to the
site. The existing building was constructed in the 1960's and appears to be
well maintained. There are fire hydrants located along Meridian Road near the
property adjacent to Lot 1B to the south and also across Three Mile Drive. The
proposed subdivision will not impact health and safety.
E. 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.
C. Effects on the Natural Environment: The site is developed and is located
along two main arterials in the City of Kalispell. The lot that the subdivision
would create is currently vacant and contains grass that has been mowed. It
should be noted that there are weeds two to six feet in height immediately
adjacent to the property to the north and east. This parcel of land is part of the
Three Mile Drive and Meridian Road right-of-way. Paul Jacobs, a Code
Enforcement Officer for Kalispell, is currently determining management
responsibility and has arranged for this portion of right-of-way to be mowed.
The subdivision site is level and is not in or near a designated 100-year flood
plain nor is it subject to slope failure, subsidence or severe erosion. The
subdivision is served by City of Kalispell water and sewer minimizing impacts
to groundwater. Therefore, no significant impacts on the natural environment
are anticipated with the approval of this subdivision.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell currently provides water and sewer
service to the property.
Access and Roads: The two lot subdivision contains one approach from Three
Mile Drive, but also has access to Meridian Road via the parking lot on the
neighboring lot (1A). It should be noted that the access onto Three Mile Drive
was relocated from its original location and constructed by the Montana
Department of Transportation as part of the State's Meridian Road
improvement project.
As indicated previously, parking, access, driving aisle and utility cross
easements have been established and are noted on the face of the final plat
between Lot IA, and lots 1 and 2 of the subdivision. This is sufficient to meet
Condition 4 of the preliminary plat waiver that required evidence that cross
easements had been established.
Sidewalks: There is an existing sidewalk along Three Mile Drive and Meridian
Road. No boulevards exist along Three Mile, but are present along Meridian
Road.
Schools: This property is within the boundaries of School District #5, Kalispell.
This is a commercial subdivision and will not have any impacts to the school
district.
Parks: Parkland dedication is not required for commercial subdivisions
pursuant to section 3.19.13 of the Kalispell Subdivision Regulations.
Police Protection: The property is served by the Kalispell Police Department.
This subdivision will not significantly impact the services provided by the police
department.
Fire Protection: The property is within the service district of the Kalispell Fire
Department and there are two fire hydrants surrounding the property - one
along Three Mile Drive and one along Meridian Road. The subdivision will not
create additional impacts to fire service.
Refuse Disposal: No significant increased impacts can be 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:
This subdivision is in the urban area of Kalispell and the area has been
developed to an urban density. This property has not been used for
agricultural purposes in the past and future commercial development will have
no effect on agricultural activities in the Valley.
F. Compliance with the Kalispell Subdivision Regulations
This subdivision complies with the Kalispell Subdivision Regulations.
Preliminary plat was waived because it meets the waiver criteria provided for
under Section 2.08 of the regulations which include the following: (1) the plat
4
contains five or fewer lots, (2) there is no public dedication of streets or public or
private parkland, (3) all lots have legal and physical access conforming to these
regulations, (4) each lot has a suitable building site and there are no
environmental hazards present, (5) municipal water and sewer are adequate and
in place, (6) the subdivision complies with these regulations and zoning
regulations, (7) there are no significant effects anticipated on agriculture and
agricultural water user facilities, local services, the natural environmental,
wildlife and wildlife habitat and the public health and safety. This subdivision is
in substantial compliance with the Kalispell Subdivision Regulations.
G. Compliance with the Kalispell Zoning Ordinance: The property is zoned B-1,
Neighborhood Buffer District. This zoning district has a minimum lot area of
7,000 square feet and a minimum lot width of 60 feet. The proposed
subdivision site would divide the one acre lot into two approximately half acre
parcels. Lot 1 is 19,602 square feet and Lot 2 is 20,038 square feet which are
more than adequate lot areas for the district.
Pursuant to section 27.22.060 of the Kalispell Zoning Ordinance, the B-1
zoning district permits more than one structure housing a permitted use on a
single lot or tract of land provided property development standards, including
lot coverage, are met. The B-1 zoning district allows 50 percent of the lot to be
covered and the setbacks for the zoning district are as follows:
® 20 feet for the front yard,
® 5 feet for the side yard,
® 20 feet for the rear yard, and
• 15 foot side corner.
The existing building on Lot 2 is approximately 4,600 square feet in size, is a
permitted use in the B-1 zoning district and occupies roughly 22 percent of the
lot. Any new structure on Lot 1 would be required to comply with uses and
property development standards outlined in the Kalispell Zoning Ordinance
(Chapter 27.13).
Additionally, the commercial center sign located on the southern portion of the
property was granted a permit in 1997. Any new detached sign must comply
with the sign regulations contained in the Kalispell Zoning Ordinance Chapter
27.24.
The proposed subdivision substantially complies with the standards for the B-1
zoning district given that the conditions outlined in the preliminary plat waiver
and attached letter are met.
RIAIDL6116MIMr . r
Staff recommends that the Kalispell City Council adopt Staff Report KWP-07-03 as
findings -of -fact and approve the final plat for the Amended Plat of Lot 1B of the
Amended Plat of Lot 1, Block 1, Adams Addition.
NCJ
J
City of Kalispell
Planning Department
17 Second Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
July 11, 2007
Larsen Engineering and Surveying Inc.
780 Two Mile Drive
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval - Amended Plat of Lot 1B of the Amended
Plat of Lot 1, Block 1, Adams Addition to Kalispell
Dear Ms. Larsen:
This letter is in response to your request for waiver of preliminary plat for a two lot
subdivision of an existing commercial lot located within the Adams Addition at the
southwest corner of the intersection of Meridian Road and Three Mile Drive. The site
is approximately 0.911 acres in size and contains a dental office and associated
parking. The property is zoned B-1, Neighborhood Buffer District, which is intended
to provide for certain commercial and professional office uses where such uses are
compatible with the adjacent residential areas. The proposed subdivision would divide
lot 1B roughly in half with each proposed lot approximately 0.455 (19,800 square feet)
in size. The proposed lot sizes comply with the B-1 zoning district which has a
minimum lot size of 7,000 square feet. The preliminary subdivision is shown on the
attached map labeled Exhibit A. The property can be legally described as Lot 2 of the
Westbrook Subdivision Lot 1B of the Amended Plat of Lot 1, Block 1, Adams Addition to
Kalispell located in the Northeast 1/4 of Section 12, Township 28 North, Range 22 West,
PMM, Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
criteria as provided for under Section 2.08 of the Kalispell Subdivision Regulations.
Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots,
(2) there is no dedication of streets or public or private parkland, (3) that the lots have
legal and physical access conforming to the subdivision regulations, (4) each lot has a
suitable building site and there are no environmental hazards present; (5) municipal
sewer and water are adequate and in place; (6) that the subdivision complies with the
subdivision and current zoning regulations, and (7) that there will be no significant
impact on agriculture, agricultural water users, local services or the natural
environment.
Due to the relatively minor impacts that this subdivision poses, this office grants
preliminary plat approval subject to the five conditions outlined below.
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. Provide evidence the existing access onto Three Mile Drive meets Flathead County's
design standards for approaches.
3. That the property boundary between the two lots provides a minimum 5-foot setback
from the existing office on the property and the existing commercial center sign
meets the required setbacks from the property boundaries. Note: Upon submitting
a final plat application, a separate map shall be provided showing the new property
lines, existing buildings and detached sign.
4. Provide evidence that cross easements have been established between the two lots
for access onto Three Mile Drive, utilities, parking spaces and drive aisles.
5. This waiver of preliminary plat approval is valid for three years and will expire on
July 11, 2010.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that prior to final plat approval all requirements must be met per Chapters
2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding
this matter please contact me.
Sincerely,
<:�E� O,
Sean Conrad
Senior Planner
Attachment: Exhibit A (map of preliminary plat)
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City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
tT APPLICATION �J D 4CDi'/L3 c> )6 h� e
Project /Subdivision Name:
Contact Person:
Name:
Address: J
,KA s11 z l .L Of
Phone No.: �s,.2 -7���i
Date of Preliminary Plat
Type of Subdivision: Residential Industrial
Total Number of Lots in Subdivision Z
Land in Project (acres) • //i
Parkland (acres)
No. of Lots by Type:
Single Family
Cash -in -Lieu $
Townhouse
Duplex Apartment
Commercial L Industrial
Condominium Multi -Family
o�If'llc�c�d T�GZ.�
�1119 41
Owner & Mailing Address:
) I ; Zoo 7
Commercial V/PUD Other
Exempt
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property
/i.o' lziil-/. A/,P. /, AAA. ,4,177�i -/,;� ��i✓,r��
FILING FEE ATTACHED $2
Minor Subdivision with approved preliminary plat $400 + $105/lot
Major Subdivision with approved preliminary plat $650 + $105/lot
Subdivisions with Waiver of Preliminary Plat $600 + $105/lot
Subdivision Improvements Agreement $ 50
Attached Not Applicable (MUST CHECK ONE)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
.
j'2 Y
Owner(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
Montana
r�(
Department
&wm,
of
UTIT
P.O. Box 200901 Helena, MT 59620-0901
September 11, 2007
Larsen Engineering & Surveying
PO Box 2071
Kalispell MT 59903
Dear Sir or Madam:
Brian Schweitzer, Governor
• (406) 444-2544 www.deq.mt.gov
RE: Amended plat of Lot 113 of Lot 1 Blk 1
Adams Addition to Kalispell
Municipal Facilities Exclusion
EQ#08-1415
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCA). Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
Sincerely,
(Let Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 — email jskaarland(c-imt.gov
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
STATE OF MONTANA DEPARTMENT OF T Nrr:-
TION
RIGHT-OF-WAY AGREEME T �
Q:RW-STD:RWN:28 (Rev. 8/98) PE PROD "iTT) --.
North Meridain Road - Kalispell R/W PROJECT ID STPU 6701(6)
Designation
Flathead UNIFORM PROJECT 2950-006
County
Parcel From Station To Station Subdivision Section Township Range
Lot 1B,Amended
Plat of Lot 1,
0+60 1+26 Blk 1, Adams
41 Three Mile Dr. Three Mile Dr. Addn 12 28N 22W
List Names & Addresses of the Grantor, Contract Purchaser & Lessee
Douglas E. Wood
10 Three Mile Drive
Kalispell, MT 59901
752-8212
1. IN CONSIDERATION OF THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC AGREEMENTS TO BE
PERFORMED BY THE PARTIES HERETO AND WRITTEN IN THIS AGREEMENT, THE PARTIES BIND
THEMSELVES TO THE TERMS AND CONDITIONS STATED HEREIN. NO VERBAL REPRESENTATIONS OR
AGREEMENTS SHALL BE BINDING UPON EITHER PARTY. GRANTOR CERTIFIES THAT ANY
ENCUMBRANCES ON THE PROPERTY ARE SHOWN ON THIS AGREEMENT. THIS AGREEMENT IS EFFECTIVE
UPON EXECUTION BY THE SUPERVISOR, NEGOTIATION SECTION OR A DESIGNATED REPRESENTATIVE,
AND POSSESSION OF THE PROPERTY IS GRANTED TO THE DEPARTMENT WHEN IT SENDS THE
PAYMENT(S) AGREED TO BELOW. GRANTORS CONTRACT THAT THEY WILL, ON DEPARTMENT'S
REQUEST, EXECUTE A DEED REQUIRED BY DEPARTMENT FOR ALL REAL PROPERTY AGREED TO BE
CONVEYED BY THIS AGREEMENT.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and improvements in the acquired
area.)
None
3. OTHER COMPENSATION:
1277 m' (13,745 s.f.) temporary construction permit
��"''
4. TOTAL COMPENSATION (includes all damages to the remainder):
5. IT IS UNDERSTOOD AND AGREED THE SpWHALL MAKE PAYMENT AS FOLLOWS:
A warrant in the amount of q@NNjM0W to be made payable to Douglas E. Wood and mailed
to 10 Three Mile Drive, Kalispell, MT 59901.
6. Permission is hereby granted the State to enter upon the Grantor's land, where
necessary and for the purpose described as follows:
A. Station 0+60 to Station 1+26 Variable width temporary construction LT SOP
Off Three Mile Drive permit for sidewalk, curb and gutter,
approach and sloping construction
B. Station 0+80 7.2m (24') curb opening LT SOP
J�
STATS__,�j.
AMODU1
r.::r;
R/W Pt
LIST & DI.STRIWITR 1- e AD`,Ao'
Page 1 of 2
Page 1 of 1
Nicole Johnson
From: Frank Castles [fcastles@kalispell.com]
Sent: Wednesday, October 17, 2007 1:55 PM
To: Nichole Johnson
Cc: Artis Larsen
Subject: Three Mile Drive and Meridian Road Development
Nichole,
I have verified with Artis Larsen that the current approaches to Three Mile Drive were installed by the Montana
Department of Transportation during the construction of Meridian Road. The approaches meet the requirements
of the City of Kalispell and the Montana Department of Transportation and are approved.
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Phone:406-758-7724
10/ 17/2007
BY : Larsen
FOR, Wood
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
DATE, 09/06/2007
DESCP : Lt 1 B of Lt 1 of Blk 1 Adams PURPOSE: gLA
Addition 12-28-22
YEARS ASSESSOR #
2003 thru 2006 0954100
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number. ��
SEP 2 4 2007
Deputy Treasurer
(seal)
Ujt
TICOR TITLE INSURANCE COMPANY
Policy No. 7403078-
GUARANTEE
TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the
Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall
sustain by reason of any incorrectness in the assurances set forth in Schedule A.
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in
Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurance herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
Dated: 9 1 l 9 1 tom►
Authorized Signatory
By
Attest
TICOR TITLE INSURANCE COMPANY
President
Secretary
Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page
For Use In Montana & Washington
Guarantee No.: 7403078-1149
Order No.: 2060707564
Liability: $1000.00 Fee: $150.00
Effective Date of Guarantee: August 27, 2007 at 7:30 AM
The Assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following described real property
(but without examination of those Company records maintained and indexed by name):
I_.ot 1 B of the Amended Plat of Lot 1, Block 1, Adams Addition to Kalispell, according to the official plat thereof,
filed in Official Records of Flathead County, Montana.
The above described property shall be known as the Amended Plat of Lot 1B of the Amended Plat of Lot 1, Block 1
Adams Addition to Kalispell.
Title to said real property is vested in: Marilee Wood and heirs and devisees of Douglas E. Wood, deceased
EXCEPTIONS:
l . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on Real Property or by the public records.
2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof, water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads,
avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults,
Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property,
rights or easements are expressly and specifically set forth in said description.
4. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and
Recorder pursuant to Title 70, Chapter 21, M.C.A., Including, but not limited to any right of the Public and the
County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on
file in the office of the County Surveyor of Flathead County.
5. Taxes, including any assessments collected therewith, for the year 2007 which are a lien not yet payable.
Any right, title or interest to all minerals in or under said land including, but not limited to metals, oil, gas, coal,
stone, and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed
or implied.
7. Covenants, conditions and restrictions, 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 as set forth in the document.
Recorded: July 24, 1958.
Instrument No.: 4331 in Book 421 at page 263 AND recorded January 22, 1959 Instrument No. 448 in
Book 427 at page 74 AND Amendment recorded July 25, 2006, Instrument No. 2006-206-1518-0, of Official
Records.
8. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Agreement -access and driveway rights
Recorded: December 29, 1992
Instrument No.: 92-364-125 1 -0, of Official Records.
9. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Agreement -access and driveway rights
Recorded: January 11, 1993
Instrument No.: 93-011-1421-0, of Official Records.
10. Easements, reservations, notes and/or dedications as shown on the official plat of Amended Plat Lot 1 Block 1
Adams Addition.
11. Liens, levies and assessments of the Adams Addition Homeowners Association.
12, Douglas E. Wood died owning an interest in the above described real property. The estate of said Douglas E.
Wood is currently in the process of administration under Probate Case No. DP-06-70C, records of Flathead
County, Montana. The title is subject to all rights in or claims upon said real estate which would be revealed by a
complete administration of the estates of said decedent including, but not limited to the rights of a personal
representative, those of the decedent's children and surviving spouse, and the lien of any state and federal taxes
due. Marilee Thomas Wood has been appointed personal representative of the estate of said decedent and has
been qualified.
13. Easements, reservations, restrictions, notes and/or dedications as shown on the unrecorded plat of the Amended
Plat of Lot 1B of the the Amended Plat of Lot 1, Block 1, Adams Addition to Kalispell.
NOTE: The above described property appears to be in Kalispell Fire District.
END OF SCHEDULE B
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