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Staff Report/Final PlatTrii-Clity Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitykcenturytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Buffalo Stage Professional Park MEETING DATE: April 5, 2004 BACKGROUND: This is a request for final plat approval of Buffalo Stage Professional Park, a four lot commercial subdivision on approximately 3.025 acres. The City initially granted preliminary plat approval for this subdivision on August 3, 1998 with an expiration date of August 3, 2001. A one-year extension was granted by the city council with an expiration date of August 3, 2002 and the plat expired prior to being finalized. However, the infrastructure for the subdivision has been put in place and the improvements accepted by the City of Kalispell for sewer and the Evergreen Water and Sewer District for Water. The existing lot contains a duplex medical building that has been occupied for several years. Three other lots will be created that will be developed with either medical or professional offices and will share a common access and parking area. The lots within the subdivision are approximately 168 by 120 feet in size or 20,160 square feet each. Our office waived the preliminary plat on December 16, 2003 subject to six conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. The property owner has met the five conditions that are also detailed in the transmittal letter. A subdivision improvements agreement in the amount of $1,500 has been submitted to cover the required boulevard landscaping with an anticipated completion date of September 2004. Findings of fact are found in attached staff report KWP-04-1 which review the conditions of approval and a how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in resolution approving the subdivision improvements agreement and final plat for Buffalo Stage Professional Park would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Providing Community Planning Assistance To: ® City of Columbia Falls • City of Kalispell • City of Whitefish Final Plat for Buffalo Stage Professional Park March 31, 2004 Page 2 Respectfully submitted, �W'b I C"AQ��- NardaA. VAlson Chris A. Kukulski Senior Planner City Manager Report compiled: March 31, 2004 Attachments: Letter of transmittal Final plat application and supporting documents REPORTS \KALISPELL\KWP04-1 MEMO.DOC RESOLUTION NO.4874 A RESOLUTION APPROVING THE FINAL PLAT OF BUFFALO STAGE PROFESSIONAL PARK, DESCRIBED AS PARCEL A OF BUFFALO STAGE PHASE II IN SECTIONS 31 AND 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Dr. Charles Mason, 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 December 16, 2003, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to six (6) 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 Tri-City Planning Office has reviewed the proposed subdivision and made a report (KWP-04-1) 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 Tri-City Planning Office Report #KWP- 04-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Dr. Charles Mason for final plat approval of Parcel A of Buffalo Stage Phase II in Sections 31 and 32, 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 APRIL, 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Appendix - Page A-23 1 I '1' ' i l i THIS AGREEMENT, made and entered into this day of , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First„ Part and hereinafter referred to as the CITY, and (Name of Developer) -a4- Z.. q 5 K i tY -b y La- e, . k. , /L- 1— (Individual, Compdny or Corporation) loeated-at (Street Address/P. O. Box) (City, County, State, Zip) Parry of the Second Part and hereinafter referred to as DEVELOPER WITNESSETH: THAT REAS, the known as �� �� 1� �1� f`c (Name of Subdivision) located at � Ili r-r -r -r , e V-1 (Location of Subdivision) and, is the owner and of a new subdivision WHEREAS, the City has conditioned it's approval of the final plat of Ln �_�� S�►C_ �, , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B' ; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ ©N+zT©U&"-,W �PW>E- uKilp2rzD (INeL0 2.51 Co�.tt7�tC1�Ne�°� NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 1 S-60 _ Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: Page A-26 - Appendix Y Y c; EXHIBIT A J � s /C Conditions of approval as fixed to the preliminary plat by the City Council, K S't EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS BOX DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping Other ( ) J0tA!P W_T1L SUBTOTAL12� FEES TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) Page A-24 - Appendix a. That the creditor guarantees funds in the sum of $ /SW -- the estimated cost of completing the required improvements in (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by !�;e-&&Mbea-200'-/ 19 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; C. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, pro -files, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Appendix - Page A-25 That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WIIEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. I Y rJW� (Name of Sub ' ision/Developer/F' } i by STATE OF MONTANA COUNTY OF /I e, J t�tvs-�c (Title) On this 1�2 day of 'ezz�4 before me, a Notary Public for the State of Montana, personally appeared r k a r (P t W , known to me to be the js lee- of `�� s�,1 %� �'/� % r s�`- whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for tffe State of Montana Residing at All�, �Ze / s A. My Commission Expires 3 1.2-7o--7 MAYOR, CITY OF KALISPELL IDx . �. Q� ATTEST: . •t�tlli1111t 1\1\\\\t MAYOR FINANCE DIRECTOR Tri-City PlanningOffice 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 March 31, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Final Plat for Buffalo Stage Professional Park Dear Chris: This is a request for final plat approval of Buffalo Stage Professional Park, a four lot commercial subdivision on approximately 3.025 acres located on the west side of Whitefish Stage immediately adjacent to Edgerton School. Preliminary plat approval for this subdivision was initially granted by the City on August 3, 1998 with an expiration date of August 3, 2001. A one-year extension was granted by the city council with an expiration date of August 3, 2002 and the plat expired prior to being finalized. However, the infrastructure for the subdivision has been put in place and the improvements accepted by the City of Kalispell for sewer and the Evergreen Water and Sewer District for Water. The existing lot contains a duplex medical building that has been occupied for several years. Three other lots will be created that will be developed with either medical or professional offices and will share a common access and parking area. The lots within the subdivision are approximately 168 by 120 feet in size or 20,160 square feet each. The property can be described as Parcel A of Buffalo Stage Phase II in Section 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. This is primarily a residential area with other uses in the area such as a church to the south and Edgerton School to the west. Buffalo Stage residential development lies to the west and other residential development primarily in the County lies to the east. This property is zoned R-5, Residential / Professional Office. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The newly created lots comply with the dimensional standards of the zoning district. Our office waived the preliminary plat on December 16, 2003 subject to six conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, the following conditions have been met or otherwise adequately addressed. Providing Community Planning Assistance To: • City of Kalispell 9 City of Whitefish • City of Columbia Falls • Final Plat for Buffalo Stage Professional Park March 31, 2004 Page 2 Condition No. 1 That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The final plat for the subdivision is in substantial compliance with the preliminary plat proposal. Condition No. 2 The lots shall comply with the R-5, Residential / Professional Office zoning designation and development standards. • This condition has been met. The lots comply with the dimensional and size requirements of the R-5 zoning district and the existing building complies with setback requirements. Condition No. 3 Separate water and sewer services and metering shall be provided to each lot. • This condition will be met at the time of water and sewer connection and have been approved by the MDEQ for this individual sewer connection as stated in the letter dated July 27, 1998. Condition No. 4 That a landscape plan for the boulevard shall be reviewed and approved by the Kalispell Parks and Recreation Department. • This condition has been adequately addressed. A plan for landscaping in the boulevard area has been approved by the parks department as outlined in the attached letter dated March 25, 2004 and security in the amount of 125 percent of the cost of the landscaping has been included with a subdivision improvements agreement with improvements to be completed by September of 2004. Condition No. 5 A certificate of subdivision plat approval shall be obtained from the Montana Department of Environmental Quality. • This condition has been met. A letter from MDEQ has been included with the final plat application dated July 27, 1998. Condition No. 6 This waiver of preliminary plat approval is valid for three years and will expire on December 12, 2006. • This condition has been met. The final plat has been submitted prior to expiration of the waiver. 2 Final Plat for Buffalo Stage Professional Park March 31, 2004 Page 3 The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. This subdivision complies with the Kalispell Zoning Ordinance and the R-5 zoning designation. 1C4DWOW)$ $DRI07'%V(61 i All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-1 as findings of fact and approve the final plat for Buffalo Stage Professional Park. Please schedule this matter for the next regular city council meeting of April 5, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Sands Surveying dated 3 / 15 / 04 Final plat application not dated Letter from MDEQ (EQ #98-2550) dated 7/27/98 Letter from Parks and Rec dated 3/25/04 Subdivision Improvements Agreement 3 / 10 / 04 Title report (CT 70702) from Citizens Title and Escrow Co 12/19/03 Treasures tax certification dated 3/ 12/04 9 "LAI• I • •' PLANNING OFFICE REPORTSTAFF KWP-04-1 REVIEW AND FINDINGS OF MARCH 31, ••• A report to the Kalispell City Council for findings of fact for a four lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on December 16, 2003 subject to several conditions. BACKGROUND: This is a four lot commercial subdivision where preliminary plat approval for this subdivision was initially granted by the City on August 3, 1998 with an expiration date of August 3, 2001. A one-year extension was granted by the city council with an expiration date of August 3, 2002 and the plat expired prior to being finalized. However, the infrastructure for the subdivision has been put in place and the improvements accepted by the City of Kalispell for sewer and the Evergreen Water and Sewer District for water. A. Applicant: Dr. Charles Mason 295 Kirby Lane Bigfork, MT 59911 Technical Assistance: Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 B. Location: The property is located on the west side of Whitefish Stage immediately northwest of Edgerton School. The property address is 34 Bruyer Way. The parcel contains approximately 3.025 acres and can be described as Parcel A of Buffalo Stage Phase II in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County. C. Size: Total area: 3.025 acres Lot 1: 20,160 square feet Lot 2: 20,160 square feet Lot 3: 20,160 square feet Lot 4: 20,160 square feet D. Existing and Adjacent Land Uses: Currently this property is developed with a duplex medical office on proposed Lot 1 which has been in place for several years. Water and sewer have been extended to he parking area to serve the other lots within individual service lines. Some of the landscaping and sidewalks have been completed within the site and the sidewalks have been completed along Bruyer Way. This is primarily a residential area with a mix of uses in the immediate area such as a school, church and this medical complex which are non-residential in nature. E. Zoning: This property is zoned R-5, Residential / Professional Office which is a duplex and limited office zoning district that has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. F. Relation to Growth Policy: This property is designated on the Kalispell Growth Policy 2020 as an Urban Mixed Use area which anticipates residential and limited commercial uses. The proposed subdivision and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: Sewer: Water: Electricity: Telephone: Gas: School: Police: Fire Protection r City of Kalispell Evergreen Water District Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: 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 proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is in place on the site near the center of the existing parking lot. All new construction will be required to comply with current fire codes and the requirements of the Kalispell Fire Department. Vegetation and topography: The property is generally level with no native vegetation remaining on site. Previously some of the required landscaping was put in place in conjunction with the existing medical office currently in place. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell sewer and Evergreen Water District water minimizing impacts to groundwater. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed. Any impacts on the natural environment related to this subdivision will be insignificant. 2 D. Effects on Local Services: Sewer: The City of Kalispell currently provides sewer service to the existing building. A main has been extended within the site and service lines will be taken from the main to service the new buildings. The property will be connected to these utilities at the time of development. Water: Water service is currently provided by the Evergreen Water District who have accepted the existing water main within the site and which serves the existing hydrant. New service lines will be taken from the existing main once development on the other three lots takes place. Access and Roads: Access to the site is from and existing driveway off of Bruyer Way, a City street in good condition, which will not be modified. It was installed per the previous requirements of preliminary plat approval. From Bruyer Way the traffic will enter onto Whitefish Stage Road, a State secondary highway that is maintained by Flathead County. The impacts to the roadways in the area will be minimal. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will have no impact on the enrollment of the school district. Parks: Parkland dedication is not required for commercial subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; 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 been used for agricultural purposes in the past but it has been at least ten years since it was in agricultural production. This subdivision 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 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) 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 is 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: This subdivision complies with the minimum lot size and lot width requirements of the R-5, Residential / Professional Office. At the time of development this property will be required to be developed in accordance with the Kalispell Zoning Regulations including setback, parking, height limitation and any other applicable development standards. The subdivision complies with the zoning for the property. Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-1 as findings -of -fact for the proposed subdivision and approve the final plat. H: \FRDO \REPORTS \KALISPEL\KWP \ 04 \KWP-04-1. DOC NW Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 FINAL PLAT APPLICATION Project Name: BUFFALO STAGE PROFESSIONAL PARK Contact Person: Name: TOM SANDS, SANDS SURVEYING, INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phone No.: 755-6481 Date of Preliminary Plat Approval: DECEMBER 12, 2003 Owner & Mailing Address: Type of Subdivision: Residential Industrial Commercial XX PUD Other No. of Lots Proposed 4 Parkland (acres) N JA Land in Project (ac.) 3.025 Cash -in -Lieu Exempt FILLING FEE ATTACHED $670.00 Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $500 + $30/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) xx_ Health Department Certification (Original) _ter_ Title Report (Original, not more than 90 days old) xx_ Tax Certification (Property taxes must be paid)1) _XX_ Consent(s) to Plat (Originals and notarized) xx Subdivision Improvements Agreement (Attach collateral) _ Parkland Cash -in -Lieu (Check attached) Nx Maintenance Agreement xx Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 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 of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, 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 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 Tri-City 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 and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature **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. Eastment 4. Roads or rights -Of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/l/02 SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 March 15, 2004 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Final Plat for Buffalo Stage Professional Park Dear Narda: Attached please find the materials required for the review of Buffalo Stage Professional Park final plat. This was granted a Waiver of Preliminary Plat approval on December 12, 2003 and will expire on December 12, 2006. The following is a list of the Conditions of Subdivision Approval and how each Condition was met. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. The final plat is in substantial compliance with the preliminary plat that was submitted. 2. That the lots shall comply with the R-5, Residential/Professional Office zoning design and development standards. The lots comply with the R-5 Zoning district standards. 3. Separate sewer and water services and metering shall be provided to each lot. As noted on the DEQ approval, each building has its own water and sewer services provided. Meters will be installed on each upon construction. 4. That a landscape plan for the boulevard be reviewed and approved by the Kalispell Parks and Recreation Department. A verbal plan was outlined by Mike Baker, Director of the Kalispell Parks and Recreation Department, after he reviewed the preliminary plat. His only requirement was that there be a street tree placed every 40 feet in the boulevard along Bruyer Way. This would result in a total of six new street trees to be installed and a Subdivision Improvements Agreement has been submitted within this application to cover the costs. 5. A Certificate of Subdivision Plat Approval shall be obtained from the Montana Department of Environmental Quality. Please refer to the attached documentation from DEQ. 6. This waiver of preliminary plat approval is valid for three years and will expire on December 12, 2006. Thank you for your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely, CA, Erica Wirtala W�k�- Kalispell,17 Second Street East - Suite 2 11 ,,0 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityplanning(a-,,ce nturytel. net www.tricityplanning-mt.com December 12, 2003 Erica Wirtala Sands Surveying 2 Village Loop Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval for Buffalo Stage Professional Park Dear Erica: This letter is in response to your request for waiver of preliminary plat approval on behalf of your client Charles Mason for the creation of four commercial lots and a common area parking lot on the southwest corner of Whitefish Stage Road and Bruyer Way. The property is zoned R-5, Residential / Professional Office. There is an existing professional office located on proposed Lot 1. The other lots are undeveloped. It may be noted that a preliminary plat for Buffalo Stage Professional Park expired in August of 2002, but that the final plat was never completed. During this time there was City sewer and Evergreen water extended to the site as well as a fire hydrant installed to serve the existing building. These improvements were turned over to the City and Evergreen Water District and have become part of the City's public infrastructure. Hence, because these improvements have already been accepted and there are no new public improvements to be dedicated to the City upon completion, this further qualifies this plat for a preliminary plat approval waiver. The preliminary plat needs to meet the criteria cited below. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 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) public 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. Providing Community Planning Assistance To: City of Columbia Kalispell Buffalo Stage Professional Park Pre -Plat Waiver December 12, 2003 Page 2 Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. The lots shall comply with the R-%, Residential / Professional Office zoning design and development standards. 3. Separate sewer and water services and metering shall be provided to each lot. 4. That a landscape plan for the boulevard be reviewed and approved by the Kalispell Parks and Recreation Department. 5. A certificate of subdivision plat approval shall be obtained from the Montana Department of Environmental Quality. 6. This waiver of preliminary plat approval is valid for three years and will expire on December 12, 2006. 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 this office. Sincerely, Narda At Wilson Senior Planner NW c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901 LETTERS \ WAI«PP\Q3 \NLASON.DOC Buffalo Stage Professional Park Pre -Plat Waiver December 12, 2003 Page 2 Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. The lots shall comply with the R-%, Residential / Professional Office zoning design and development standards. 3. Separate sewer and water services and metering shall be provided to each lot. 4. That a landscape plan for the boulevard be reviewed and approved by the Kalispell Parks and Recreation Department. 5. A certificate of subdivision plat approval shall be obtained from the Montana Department of Environmental Quality. 6. This waiver of preliminary plat approval is valid for three years and will expire on December 12, 2006. 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 this office. Sincerely, Narda A. Wilson Senior Planner NW c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901 LETTERS \ WAIVEPP\03 \ MASON.DOC SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 December 8, 2003 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Avenue East Kalispell, MT 59901 RE: Waiver of Preliminary Plat Buffalo Stage Professional Park Dear Narda: We would like to request a waiver of preliminary plat for Buffalo Stage Professional Park. It is the creation of four lots on the west side of Whitefish Stage Road, just past the W. Evergreen intersection. The property can be described as the Amended Plat of Parcel A, in the E1/2 SE1/4 of Section 31, and the W 1/2 SW % of Section 32, Township 29 North, Range 21 West. This property was recently annexed into the City of Kalispell, and is now zoned R-5. The subdivision would create four lots, all for medical/dental or professional office space. Each lot is approximately 18,000 square feet in size. Water and sewer services is provided to all lots. All of the improvements are installed, this includes parking, sidewalks, re -seeding and landscaping. The appropriate improvements have been dedicated and accepted by the City of Kalispell. This subdivision meets the criteria for a preliminary plat waiver in the following manner: 1. That the plat contains five or fewer lots; 2. That there is no public dedication of streets or public or private park land; 3. All lots have suitable access conforming to City standards; 4. Each lot has a suitable building site and there are no environmental hazards present; 5. Each lot can support on -site sewer or water services or is already served by public sewer or water; 6. The subdivision complies with these 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. Thank you for your consideration of this request. cerel + Erica Wirtala (`c (�hnrlac Macon DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION METCALF BUILDING MARC RACICOT, GOVERNOR 1520 E SIXTH AVE - STATE OF MONTANA FAX (406)444-1374 CARVER ENGINEERING INC 1995 3RD AVE E KALISPELL MT 59901 Dear Sirs: PO BOX 200901 HELENA, MONTANA 59620-0901 RE: BUFFALO STAGE PHASE III REWRITE FLATHEAD COUNTY E.Q. 498-2550 The plans and supplemental information relating to the water supply, sewage disposal facilities, and storm drainage (if any) for the above -referenced division of land have been reviewed as required by ARM Chapter 17 Section 36 and have been found to be in compliance with that act.' Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed with the Plat at the office of the county clerk and recorder. The duplicate is for your personal records. You will note that you do have specific responsibilities according to this statement primarily with regard to informing any new owner as to the inherent limitations which have been imposed. Should you need additional copies of this statement, they are available from this office. Development of the approved subdivision may require a General Discharge Permit for Storm Water Associated with Construction Activity. Please contact Roxann Lincoln at (406) 444- 5338 for more information. Failure to obtain this permit (if required) prior to development can result in significant penalties. If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a hearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA and the Montana Administrative Procedures Act. If you have any questions, please contact this office. Sincerely, Dennis P Kenna Supervi r /t Subdivision Section Water Protection Bureau DWsh cc: County Sanitarian County Planning Board PLA T. P "AN EQUAL OPPORTUNITY EMPLOYER" STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 through 76-4-131,. MCA 1995) TO: County Clerk and Recorder Flathead County Kalispell, Montana E.Q. #98-2550 105d THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision 'mown as Buffalo Stage Phase 1H- Rewrite A tract of land located in the West 1/2 Southwest 1/4 and Southwest 1/4 Northwest 1/ of Section 32, East 1/2 Southeast 1/ of Section 31, Township 29 North, Range 21 West, P. M.M. , Flathead County, Montana consisting of 14 lots have been reviewed by personnel of the Permitting and Compliance Division, and, THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and found to be in compliance therewith, and, THAT this Certificate supersedes Certificate No.98-1688, dated the 28th day of January, 1998, and all previous copies should be marked superseded or removed from files, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT the lot sizes as indicated on the Plat to be filed with the county clerk and recorder will not be further altered without approval, and, THAT Lots 76, 77, 78, 79, 80A, 80B, 81, 82, 83, 84, 85, 86, and 87 shall each be used for one single -fain ly dwelling, and, THAT Parcel A shall be used for 4 commercial duplex office buildings (8 units total), and, THAT the public water supply system will be provided by the Flathead County Water & Sewer District #1 - Evergreen, and, THAT the public water system for Parcel "A" will consist of approximately 400 lineal feet of fl- inch AWWA C900, Class 150 water main, 2 fire hydrants, and appurtenances, and, THAT the public sewage treatment system will be provided by the Village County Sewer District through an extension of the District's main which discharges to the City of Kalispell's public sewage collection and treatment system, and, THAT the public sewage treatment system for Parcel "A" will consist of approximately 360 lineal feet of 8-inch PVC, SDR 35 sewer main, one manhole, and appurtenances, and, Page 2 of 3 Buffalo Stage Phase III - Rewrite Flathead County E.Q. #98-2550 THAT approval is based on plan sheet 1 received on July 7, 1998 under the seal of Thomas M. Cowan, P.E., registration number 10323P.E., -and, THAT construction shall be completed in accordance with the Montana Public Works Standard Specifications, 4th Edition, January 1996, and, THAT within 90 days after construction is completed upon a public water system, wastewater system, or storm drainage system, or upon an extension of or addition to such a system, the professional engineer shall certify to the Department that the construction, alteration or extension was completed in accordance with the plans and specifications approved by the Department, and, THAT storm water run-off from Parcel "A" will be collected through 2 catch basins and directed to an existing detention pond located off -site, and, THAT project certification shall be accompanied by a complete set of "as -built" drawings bearing the signature and seal. of the professional engineer, and, THAT construction will be started within two years of this date. If more than two years elapse 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 a public water/sewage system, and, THAT instruments of transfer for this property shall contain reference to these conditions, and, tt t tt .tt tt-t -tt to .1 tt 1- RMiRrin 1116M.1171M.1* .L.OURI t•. u-t .t• THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub=Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. Pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the State under Title 76, Chapter 4, MCA, and local board of health under section 50-2-116(1)(i), before filing a subdivision plat with the county clerk and. recorder. YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office as required by law. Page 3 of 3 Buffalo Stage Phase III - Rewrite Flathead County E.Q.#98-2550 DATED this 27th day of January, 1998. MARK SIMONICH DIRECTOR By: DENNIS P. MC NNA SUPERVISOR SUPDIVISION SECTION WATER PROTECTION BUREAU Owner's Name: Buffalo Chip Partnership RECEIVED JUL 07 1998 W. DEPT. OF ENV. QUALITY PERMITTING &COMPLIANCE DIV. 9 \ � I !/ I /II / I II II II II II it D.A. Davidson & Co. member SIP C IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 3 Dated: March 10, 2004 Expiration Date: March 31, 2005 Amount: $1500.00 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount $1500.00 at the request of Charles W. Mason. If Charles W. Mason fails to complete the specified improvements in the name of Buffalo Stage Professional Park within the time period set forth in the attached Improvement Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. D.A.,DAVIDSON & CO. J. Houtonen,(Vice President7Financial Consultant Kalispell Office 200 First Avenue East • K-M Building • P.O. Box 128 • Kalispell, MT 59903 • (406) 752-6212 • 1-800-955-2208 • FAX (406) 257-7401 California • Colorado • Idaho • Montana • Oregon • Utah • Washington • Wyoming www.dadavidson.com G1,�y of Kaljs�� jl Parks and Recreation March 25, 2004 Ms. Erica Wirtala Sands Surveying 2 Village Loop Kalispell, MT 59901 MAR d `C'44 TRI-CITY PLANNING OFFICE 35 1st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com Re: Buffalo Stage Professional Park Landscaping Dear Erica: am writing this letter to confirm our discussion regarding the Buffalo Stage Professional Park landscaping plan. It was agreed upon the developer will plant street trees along the north border at forty foot intervals. The south border next to the school property would need a vegetative hedge to screen the site. A continued landscape plan that is in place for the existing building will be carried through to the remainder of development, to include foundation planting and turf areas. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincer y, yl Mr ae[ Bar, Director Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only FOR: Illy" % DATE DESCP: ct eo 5/a, - �ro C41 a,-(-, PURPOSE "j" -zzr) :3 YEARS 1993 THRU & TO DATE ASSESSOR # o // 3 019 000/ 7 90 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. Deputy reasurer (seal) � � ► ri ; c rVICINii_ 1 TY MAP DR. CHARLES MASON FINAL PLAT BUFFALO STAGE PROFESSIONAL PARK . 4 LOT COMMERCIAL SUBDIVISION 3.025 ACMES IN - , A RESIDENTIAL/PROFESSIONAL FFICE DISTRICT PLOT DATE: /29/04 ILE # KWP - 4 - I SCALE I" - 2 ' H:\gis\site\kwpG4—l.dwg GUARANTEE $� AMEpRI0 FirstAmerican Title Insurance Company Validating Sim torV H3297 84 Form No. 1282 (Rev. 12/15/95) FILE NO.: CT-79153 CT-79153 Page 1 H 329784 FEE: $75.00 SUBDIVISION OR PROPOSED SUBDIVISION: Buffalo Stage Professional Park SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying, Inc. FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: Parcel A of Buffalo Stage Phase III, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Buffalo Stage Professional Park (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: The Mason Family Trust (2) Parties holding liens or encunbrances on the title to said lands are: 1. General and special county taxes for the second half of 2003, a lien now payable. NOTE: General and special county taxes for the first half of 2003 and all prior years have been paid in full. Continued... FILE NO.: CT-79153 CT-79153 Page 2 H 329784 FEE: $75.00 (3) Easements, claims of easements and restrictions agreement of record are; 1. Possible easement created by Permit to Appropriate Water issued to Flathead County Water District #1-Evergreen Water, recorded July 12, 1982 in Book 744, Page 79 as Doc. No. 9975, records of Flathead County, Montana. 2. Certificate of Inclusion of Additional Territory, into the Flathead County Water District #1-Evergreen, recorded March 26, 1986, as Doc. No. 86-085-13410, records of. Flathead County, Montana. 3. Village County Sewer District Levy of Assessment recorded September 2, 1988, as Doc. No. 88-246-09380, records of Flathead County, Montana. 4. Effect of agreement for water system between Julius Bruyer, George W. Hyde and Walter L. McPheeters and James W. McPheeters, recorded July 14, 1906, in Book 54, Page 635, and modified by instrument recorded March 6, 1915, in Book 112, Page 332, as Doc. No. 697, records of Flathead County, Montana. 5. Terms and conditions of Easement Agreement by and between Buffalo Chip Partnership, a Montana Ceneral Partnership and Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Later -Day Saints, a Utah Corporation. Recorded May 13, 1996, as Doc. No. 96-134-09030. 6. Certificate of Inclusion of Additional Territory, into the Flathead County Water District ##1-Evergreen, recorded March 26, 1986, as Doc. No. 86-085-13410, records of Flathead County, Montana. 7. Resolution No. 4340 by the City of Kalispell to Amend the City Zoning Map accordingly recorded August 13, 1997 as Doc. No. 1997-225-13470,records of Flathead County, Montana. 4 8. Easement for four anchors (including guys and other supports) granted to Pacific Power & Light Company recorded May 23, 1973 in Book 554, Page 91, as Doc. No. 5368, records of Flathead County, Montana. Easement, Rights -Of -Way, and Permit Assignment and Assumption Agreement by and between PacifiCorp, an Oregon corporation and Flathead Electric Cooperative, Inc., a Montana cooperative corporation recorded November 10, 1998, as Doc. No. 1998-314-10260, records of Flathead County, Montana. 9. Easement for constructing, laying, operating, repairing, and maintaining an underground storm sewer line, together with the necessary man holes where needed granted to Kalispell. School District No. 5 recorded February 1, 1993 as Doc. No. 93-032-11220, records of Flathead County, Montana. Continued... FILE NO.: CT-79153 CT-79153 Page 3 H 329784 FEE: $75.00 10. Utility Easement Certificate and Park Dedication as disclosed on the plat of Buffalo Stage Phase III. 11. Resolution No. 4403 by the City of Kalispell for zoning and annexation recorded June 4, 1998 as Doc. No. 1998-155-12060, records of Flathead County, Montana. 12. Subdivision Improvement Agreement by and between Buffalo Chip Partnership and Flathead County Board of Commissioners, recorded May 1, 1998, as Doc. No. 1998-121-13440, records of Flathead County, Montana. 13. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with the Plat of Buffalo Stage Phase III, recorded May 1, 1998, as Doc. No. 1998-121-13430, records of Flathead County, Montana. 14. 10' Utility easement as depicted on the Plat of Buffalo Stage Phase III. 15. Covenants, conditions and restrictions, recorded August 15, 2000, as Doc. No. 2000-228-14240, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 16. Easement for underground right of way granted to Pacificorp, a Corporation, dba Pacific Power & Light Company, recorded July 24, 1998, as Doc. No. 1998-205-09000, records of Flathead County, Montana. 17. Easement for pipeline granted to The Montana Power Company, a Montana corporation, recorded August 26, 1998, as Doc. No. 1998-238-11040, records of Flathead County, Montana. 18. Easement for water main granted to Flathead County, a political subdivision of the Stat of Montana and to the Flathead County Sewer & Water District #1 - Evergreen, a county water and sewer district, recorded September 18, 2001, as Doc. No. 2001-261-15030, records of Flathead County, Montana. 19. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with the proposed Plat of Buffalo Stage Professional Park, records of Flathead County, Montana. 20. Road and utility easement Certificate as shown on the proposed Plat of Buffalo Stage Professional Park. Continued... FILE NO.: CT-79153 CT-79153 Page 4 H 329784 Fee: $75.00 21. Easement for the right to install, repair, maintain, alter, replace and operate sewer mains, sewer manholes granted to the City of Kalispell and to the Village County Sewer District, recorded August 6, 2002, as Doc. No. 2002-218-15000, records of Flathead County, Montana. 22. 10' utility easement as shown on the proposed Plat of Buffalo Stage Professional Park. 23. 10' bicycle and pedestrian easement as shown on the proposed Plat of Buffalo Stage Professional Park. 24. No access along Whitefish Stage Road as shown on proposed Plat of Buffalo Stage Professional Park. 25. Common area roadway, parking and uitility easement as shown on proposed Plat of Buffalo Stage Professional Park. 26. The above described property is located within and subject to the jurisdiction of the Kalispell Fire District. DATED: December 19, 2003, at 8:00 A.M. LiTA'1Tr: Ur' MUNTANA, uuuiv1' U'iatneact On this >1 day of t'' r- 200 3 before me, a notary public in and for said State, personally appeared ^ , Known to me to b the person whose name subscribed to the within instument, and acknowledged to me that executed the same Subscribed and sworn to before me this�� day o \200 g\,\�y'I1,,,, y ,..........lj�s,, gpCKIBM�M1 Notar blic-for of Mo tan �P' � NOTARY Resid • ng t *' NOTARIAL* SEAL = Residing at KaVIS06 , Ma"�"' My C mm i s s • on Expires ExPwes Feb. 1. 2004 THE END